This section provides a set of procedures and standards for special uses of land or structures which, because of their unique characteristics, require special consideration in relation to the welfare of adjacent properties and the community as a whole. These regulations and standards are designed to allow practical latitude for the landowner, investor or developer while maintaining adequate provision for the protection of the health, safety, convenience, and general welfare of the community.

The following Special Land Uses (and any additional special land uses cited in the various Zoning Districts) are subject to the requirements of this Chapter:

A.

Agriculture, including farms for general and specialized farming.

B.

Airport and landing fields.

C.

Amusement parks.

D.

Automobile Repair Stations.

E.

Automobile Service Stations.

F.

Bed and Breakfasts.

G.

Body-piercing establishments and tattoo parlors.

H.

Building supply and equipment establishments.

I.

Cemeteries.

J.

Churches.

K.

Commercial enterprises producing and selling merchandise on the premises, provided that no more than fifteen (15) persons are employed on the premises and such production shall not be detrimental either by odor, noise, vibration, or smoke to the nearest occupied dwelling.

L.

Commercial recreational facilities, such as bowling alleys, indoor theaters, indoor skating rinks, or similar uses.

M.

Drive-in establishments.

N.

Earth sheltered dwellings.

O.

Golf courses and country clubs.

P.

Hospitals, clinics, and convalescent homes.

Q.

Housing for seasonal labor.

R.

Junk and salvage yards.

S.

Kennels and veterinary clinics.

T.

Manufacturing, compounding, processing, packaging, treating, assembly, and bulk storage of:

(1)

Chemical Products.

(2)

Rubber.

(3)

Stone, clay, glass, cement, brick, pottery, abrasive, and tile.

(4)

Fabricated metal.

U.

Mining, processing, and transporting, of stone, sand, and gravel aggregate.

V.

Mortuaries and funeral homes.

W.

Municipal or utility buildings, not requiring outdoor storage, community centers, libraries, museums, and similar uses.

X.

Open Air Businesses.

Y.

Outdoor seating/service areas for permitted restaurants.

Z.

Outdoor storage yards accessory to any permitted use.

AA.

Outdoor storage, display and sale of farm implements and construction equipment.

BB.

Par 3 golf, miniature golf, and driving ranges.

CC.

Parking lots, including municipal and private facilities not directly on site associated with a principal use.

DD.

Private non-commercial recreation.

EE.

Raising of fur bearing animals and game birds.

FF.

Recreational camps and campgrounds.

GG.

Residential uses.

HH.

Riding and breeding stables.

II.

Schools, excluding commercial schools.

JJ.

Sexually-Oriented Businesses.

KK.

Sales Lots and Showrooms for New and Used Motor Vehicles, Boats, Trailers, Manufactured Home and Similar Uses.

LL.

State Licensed Residential Facilities (Group and Centers).

MM.

Waste disposal facilities.

NN.

Wireless Communication Towers.

OO.

Medical marihuana facilities (excluding medical marihuana provisioning centers and medical marihuana secure transporters).

(Ord. No. 2021-03, art. 4, 6-14-2021; Ord. No. 2021-06, art. I, 11-8-2021)

The application for a Special Land Use shall be submitted and processed in accordance with the following:

A.

An application shall be submitted to the Zoning Administrator. Each application shall be accompanied by the payment of a fee or fees as established by the City Council. In the event both rezoning and special land use approval are required for the proposed use, both requests may be submitted jointly subject to the following:

(1)

The Ordinance procedures for each shall be followed as specified.

(2)

All applicable standards and specifications required by this Ordinance shall be observed.

B.

The following is required for all Special Land Use requests:

(1)

The application form, completed in full, including a statement that Section 21.03 can be complied with.

(2)

A complete site plan as specified in Chapter 22, Section 22.04.

C.

If determined by the Zoning Administrator to be complete, the application and all required information shall be forwarded to the Planning Commission for review. The Planning Commission shall then hold a public hearing, notice of which shall be published in a newspaper of general circulation in the City and shall be sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet, except that the notice and publication of the notice shall be given not less than 15 days before the application will be considered. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than 1 occupant of a structure, except that if a structure contains more than 1 dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, 1 occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than 4 dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. The notice shall:

(1)

Describe the nature of the special land use request.

(2)

Indicate the property which is the subject of the special land use request.

(3)

State when and where the special land use request will be considered.

(4)

Indicate when and where written comments will be received concerning the request.

D.

The Planning Commission shall make a recommendation to the City Council to approve deny, or approve with conditions the request for Special Land Use Approval. Upon receipt of the Planning Commission recommendation, the City Council shall review the request along with other information as is available and shall approve, deny, or approve with conditions the request for Special Land Use Approval and incorporate the reasons for such decision and any conditions which are to be imposed.

E.

Special Land Use approval granted in accordance with this Chapter shall be valid for one (1) year from date of such approval. If construction has not commenced and proceeded meaningfully toward completion by the end of this one-year period, the Zoning Administrator shall notify the applicant in writing of the expiration of said approval, except as noted below:

(1)

The City Council may grant one (1) six-month extension of such time period, provided the applicant requests the extension prior to the date of the expiration of the special land use approval.

(2)

The extension may be approved if the applicant presents reasonable evidence to the effect that said development has encountered unforeseen difficulties beyond the control of the applicant, and the project will proceed within the extension period.

(3)

If neither of the above provisions are fulfilled or the six (6) month extension has expired prior to construction, the special land use approval shall be null and void.

F.

The City Council shall have the authority to revoke any Special Land Use approval after it has been shown that the applicant has failed to comply with any or all of the applicable requirements of this Chapter or any other section of this Ordinance or conditions placed by the City Council or Zoning Administrator.

(Ord. No. 2021-06, art. I, 11-8-2021)

Prior to making a decision about a Special Land Use request, the City Council shall find that all of the following general standards, in addition to any requirements for a specific use that may be contained in Section 21.04, shall be met.

A.

Each application shall be reviewed for the purpose of determining whether or not the proposed use meets all of the following standards, and, that each use of the proposed site will:

(1)

Be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such a use will not change the essential character of the area in which it is proposed.

(2)

Be served adequately by essential public facilities and services such as highways, streets, police, fire protection, drainage structures, refuse disposal, water and sewage facilities, and schools.

(3)

Not create excessive additional requirements at public cost for public facilities and services.

(4)

Not involve uses, activities, processes, materials, and equipment or conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.

(5)

Be consistent with the intent and purpose of the City's master plan and also the Zoning District in which it is proposed to locate such use.

(6)

Be reasonable.

B.

The Planning Commission may recommend and the City Council may impose such additional conditions and safeguards as are deemed necessary for the general welfare, for the protection of individual property rights, and for ensuring that the intent and objectives of this Ordinance will be observed. The breach of any condition, safeguard, or requirement shall automatically invalidate the Special Land Use approval.

C.

The general standards and requirements of this Section are basic to all uses authorized by a Special Land Use approval. The specific and detailed requirements set forth in the following section relate to particular land uses and are requirements which must be met by those uses in addition to the foregoing general standards and requirements where applicable, as well as all applicable licensing requirements shall be complied with.

(Ord. No. 2021-06, art. I, 11-8-2021)

Those uses specified in Section 21.01 as allowed by a Special Land Use approval in accordance with this Ordinance, shall be subject to the requirements of the District in which such use is located in addition to all applicable conditions, standards, and regulations regarding site design and development as are applicable in the following:

A.

Agriculture, including farms for both general and specialized farming.

(1)

Minimum parcel size shall be five (5) acres.

(2)

All buildings other than a dwelling shall be located at least fifty (50) feet from any lot line.

(3)

All buildings housing farm animals or poultry shall be located at least two hundred feet (200) from any lot line.

(4)

No storage of manure or other odor or dust-producing materials shall be permitted within two hundred (200) feet of any lot line.

(5)

Farm animals are permitted as follows:

(a)

Raising and keeping of livestock and poultry including horses, cattle, sheep, chickens, and similar animals (excluding pigs) provided that the minimum area upon which one (1) animal may be kept shall be five (5) acres and one (1) additional animal may be kept for each additional acre over five (5) acres.

B.

Airports and Landing Fields.

(1)

Minimum parcel size shall be forty (40) acres.

(2)

No commercial activity shall be permitted except those land uses which are directly related to aviation such as flight schools, aircraft sales and rental, and car leasing.

(3)

No runway, taxiway, hanger, fuel depot, or other facility shall be located within 500 feet of an existing dwelling, school, church, or other place of public assembly.

(4)

All regulations of the Michigan Department of Transportation, Bureau of Aeronautics, shall be met.

C.

Amusement Parks.

(1)

Minimum lot size shall be ten (10) acres.

(2)

The lots shall be located so that at least one (1) side abuts an arterial street and all access shall be from such arterial streets.

(3)

No building shall be located closer than three hundred (300) feet to any existing dwelling.

(4)

Maximum building coverage shall be twenty-five percent (25%).

(5)

Any amusement enterprise located within five hundred (500) feet of any dwelling shall be closed by a six (6) foot fence along the property boundary.

D.

Auto Repair Stations.

(1)

Minimum lot size shall be fifteen thousand (15,000) square feet.

(2)

Minimum lot width shall be one hundred fifty (150) feet.

(3)

No drive or curb opening shall be located nearer than fifty (50) feet to any intersection and no more than twenty-five (25) feet to any residential property line. No drive shall be located nearer than thirty (30) feet to any other driveway. No curb openings shall be permitted where, in the opinion of the Planning Commission, it may produce a safety hazard to pedestrian or vehicular traffic.

(4)

All outside storage areas for trash, used tires, auto parts, and similar items shall be enclosed by a six (6) foot sight-obscuring wall or fence.

(5)

On a corner lot, both street frontage sides shall be subject to all applicable front yard requirements.

(6)

All lubrication equipment, vehicle washing equipment, hydraulic hoist and pits shall be enclosed entirely within the building.

(7)

The lot shall be located at least three hundred (300) feet from the access drive for any library, school, playground, park, church, hospital, or nursing home.

E.

Auto Service Station.

(1)

Minimum lot size shall be fifteen thousand (15,000) square feet.

(2)

Minimum lot width shall be one hundred fifty (150) feet.

(3)

No drive or curb opening shall be located nearer than fifty (50) feet to any intersection and not more than twenty-five (25) feet to any residential property line. No drive shall be located nearer than thirty (30) feet to any other driveway. No curb opening shall be permitted where, in the opinion of the Planning Commission, it may produce a safety hazard to pedestrian or vehicular traffic

(4)

All outside storage areas for trash, used tires, auto parts, and similar items shall be enclosed by a six (6) foot sight-obscuring wall or fence.

(5)

On a corner lot, both street frontage sides shall be subject to all applicable front yard requirements.

(6)

If another principal use is proposed in conjunction with the sale of gasoline such as the sale of food, clothing, hardware, or similar goods or the provision of services such as laundromats, where such use is not accessory to the auto service station, the following conditions shall be met:

a.

Off-street parking shall be provided in accordance with the requirements for each individual use conducted on the site.

b.

There shall be no increase in the number, type, or size of signs otherwise permitted for a single use on the site.

(7)

No auto service station shall be located within two hundred (200) feet of any public library, public or private school, playground, park, church, hospital, convalescent home, or any place of public assembly having a seating capacity of one hundred (100) people or more.

F.

Bed and Breakfasts.

(1)

Although residential zones are traditionally created to systematically and unilaterally exclude commercial uses normally allowed exclusively within a commercial or higher-end district classification, a possible exception to such prohibition is presented by a Bed and Breakfast. It is the purpose of this Section to provide standards for the establishment of Bed and Breakfasts, to allow for a more efficient use of historically significant dwellings and other related residential buildings within the City, and to assist in the preservation, upkeep and enhancement of these structures and the neighborhoods wherein they lie, while at the same time discouraging commercial exploitation of said properties. These regulations enable owners of historic homes to maintain residential buildings in a manner that keeps them primarily residential in nature and architecturally intact, thereby allowing the property owner to more fully utilize the older, larger, and generally costlier-to-maintain residential building(s) in question. It is the intent of this Section to promote Bed and Breakfast facilities compatible with the surrounding area by averting adverse impacts, such as commercialization of residential areas and excessive demand upon on-street parking.

(2)

The review procedure of approval of a Bed and Breakfast special land use shall be the review procedures set forth in this Chapter.

(3)

Application for Bed and Breakfast Special Land Use shall consist of at least the following materials:

a.

Complete site plan application, in accordance with Chapter 22: Site Plan Review;

b.

Parking Plan, showing parking for overnight guests and resident managers/owner(s);

c.

Exterior lighting plan;

d.

Floor plan;

e.

Landscaping plan;

f.

Signage plan;

g.

Location map identifying current owners and occupants of all properties within 500 feet of the subject property, and all thoroughfares, rights-of-way, easements and utilities.

(4)

A Bed and Breakfast shall only be permitted in a single-family, detached dwelling.

(5)

The single family dwelling shall not be used for the hosting of public/private social events, unless a conditional use permit is obtained for a reception facility.

(6)

The residential character of the dwelling shall be preserved and no structural alterations, construction features or site features of a non-residential nature shall be incorporated. No accessory buildings shall be used for Bed and Breakfast activities

(7)

The owner/operator or manager of the Bed and Breakfast shall live full-time on the premises.

(8)

Only members of the family residing on the premises shall be engaged in such operation.

(9)

A Bed and Breakfast shall have no more than two guests rooms sharing a single bath and no more than two adult guests per guest room. For the purpose of this section, "adult" means any person over the age of 18. The bath shall contain, as a minimum, a sink, toilet and shower or bathtub.

(10)

The maximum length of stay for any guest is 14 consecutive days.

(11)

Two parking spaces plus one space for each guest room shall be provided; the location and screening of said places shall be determined by the Planning Commission.

(12)

There shall be no change in the outside appearance of the building or premises that detracts from the residential character of the residence or from the residential character of the neighborhood, or other visible evidence of the conduct of such Bed and Breakfast residence other than one sign, which shall be in general accordance with the requirements of Chapter 5. In residential districts, said sign shall be mounted flat against the wall of the principal building or attached to a residential lamp post; the lamp post shall not exceed seven (7) feet in height nor be closer than five feet to the property line. In non-residential zoned districts, signage shall be in general conformance with the requirements of Chapter 5.

(13)

The dining facilities must not be open to the public. No cooking facilities are allowed in the individual rooms. Food service may only be provided to the guests of the Bed and Breakfast establishment and for breakfast only.

(14)

All Bed and Breakfasts must maintain a guest register. The register shall be made available for inspection by City officials upon request. Said guest register must include the names and home addresses of transient guests, transient guests' license plate numbers, dates of stay, and the unit number/name for each transient guest.

(15)

The Building Inspector and the Fire Marshall of the City are hereby authorized to enter, examine and survey any premises in the City that is operated as a Bed and Breakfast for the purpose of enforcing the provisions of this Section. This Section shall not restrict or limit the right of entry vested in any other person under any other provisions of law.

(16)

Bed and Breakfasts shall be required to obtain a Certificate of Occupancy, Certificate of Zoning Compliance and Tax Privilege License, as well as comply with this Section and all other appropriate codes and ordinances. The Certificate of Occupancy, Certificate of Zoning Compliance and Tax Privilege License shall not be transferred to a subsequent owner, and any change in ownership, and lapse in operations greater than one year, shall require new applications for all such certificates, permits and licenses.

(17)

A certificate from the State or County Health Department shall be required as a condition precedent to issuance of permits, certificates and licenses.

(18)

A Bed and Breakfast shall not be located within 500 linear feet from the property line of another Bed and Breakfast within residential zoning districts. The restriction of this Subsection may be waived by the City Council after an application for a waiver and a hearing before the Planning Commission and upon receipt of a report from the Planning Commission, if the City Council shall find that:

a.

The proposed use will not be contrary to the public interest or injurious to nearby properties, and the spirit and intent of this Chapter will be observed;

b.

The proposed use will not enlarge or encourage the development of a blighted, downgraded or commercial area;

c.

The establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or non-residential;

d.

All other provisions of this Chapter will be observed; and

(19)

No gift shops shall be permitted in Bed and Breakfast residentially zoned areas.

G.

Body-piercing establishments and tattoo parlors. No body-piercing establishment or tattoo parlor may be operated in the City of Newaygo without first having applied for and obtaining a license to do so.

The application for a license to operate a body-piercing establishment or tattoo parlor shall be made to the city clerk and shall contain the following information:

(1)

The name and address of the establishment or parlor.

(2)

The name and permanent address of the owner/operator of the establishment or parlor.

(3)

The license shall be renewed annually. Application for renewal shall be no earlier than sixty (60) days nor later than thirty (30) days prior to expiration of current license.

(4)

The application shall include a site plan that shall include a diagram that shows all zoning districts and any school, library, public park, public playground or church within one thousand (1000) feet of the proposed use. The diagram shall be drawn to a scale of not greater than one (1) inch equals one hundred (100) feet.

No body-piercing establishment or tattoo parlor shall be permitted within six hundred (600) feet of any residential district, nor within one thousand (1000) feet of a school, library, public park, public playground, church or another body-piercing establishment or tattoo parlor. Measurement shall be made from the outermost boundary of the lot or parcel of an existing body-piercing establishment or tattoo parlor to the outermost boundary line of the lot or parcel on which is situated a school, library, public park, public playground, church or other body-piercing establishment or tattoo parlor.

The owner/operator of a body-piercing establishment or tattoo parlor shall allow for the inspection of the premises annually in conjunction with the renewal application or at any time the body-piercing establishment or tattoo parlor is open for business for the purpose of ensuring compliance with the provisions of this article.

The premises in which body-piercing or tattooing is performed and all equipment used shall be maintained in a clean, sanitary condition and in good repair. The walls, floors, and ceilings shall have in impermeable, smooth and washable surface. All table, chairs and other equipment shall be made of non-porous materials which may be readily disinfected.

All razors, needles, latex gloves, skin-cleansing sponges, gauze dressings, and other materials that have come in contact with human blood or other body fluids, excepting furniture and floor and wall coverings, shall be considered medical waste as that term is defined in the Medical Waste Regulatory Act, being MCL 333.13801, et seq., and must be handled and discarded in the manner specified in such act.

An individual shall not perform body-piercing or tattooing on a minor unless the individual obtains the prior written informed consent of the minor's parent or legal guardian. The minor's parent or legal guardian shall execute the written, informed consent required in the presence of the individual performing the body-piercing or tattooing on the minor.

An individual shall not perform body-piercing or tattooing on another individual if the other individual is under the influence of intoxicating liquor or a controlled substance.

H.

Building Supply and Equipment Establishments.

(1)

Outdoor storage of materials is prohibited. All storage shall be within an enclosed building.

(2)

No access to or from such establishment shall be permitted on any residential street.

I.

Cemeteries.

(1)

Minimum site size shall be five (5) acres.

(2)

At least one (1) side of such site shall abut and have access to an arterial street.

J.

Churches.

(1)

Minimum site shall be two (2) acres plus an additional fifteen thousand (15,000) square feet of each one hundred (100) seating capacity or fraction thereof in excess of one hundred (100).

(2)

Minimum lot width shall be two hundred (200) feet.

(3)

For every one (1) foot by which the building, exclusive of spire, exceeds the maximum height, limitations of the District, an additional foot of front, side, and rear yard shall be added to the minimum requirement.

(4)

At least one (1) side of such lot shall abut and have access to an arterial street.

K.

Commercial Enterprises Producing and Selling Merchandise on the Premises, provided that no more than fifteen (15) persons are employed on the premises and such production shall not be detrimental either by odor, noise, vibration, or smoke to the nearest occupied dwelling.

(1)

The total floor area devoted to production shall not exceed twice the area devoted to retail sales.

(2)

Loading areas and truck circulation shall be confined to the rear of the structure.

(3)

There shall be no perceptible industrial character to the building. All production operations and storage shall be within a completely enclosed building.

L.

Commercial Recreation Facilities, such as bowling alleys indoor theaters, indoor skating rinks, or similar uses.

(1)

Driveway openings shall be located at least one hundred (100) feet from any street intersection (measured from the nearest right-of-way line) to the edge of such driveway.

(2)

All buildings shall be located at least one hundred (100) feet from any residential use in any Residential District.

(3)

All uses shall be conducted within an enclosed building.

M.

Drive-In Establishments.

(1)

Driveway openings shall be located as far from street intersections as practical but in no case closer than one hundred (100) feet (measured from the nearest right-of-way line to the edge of such driveway).

(2)

No drive shall be closer to any other drive than two hundred (200) feet.

(3)

Vehicular circulation patterns into and out of such businesses shall be located and designed to minimize disruption of and conflicts with through traffic movement on abutting streets.

(4)

All buildings shall be set back a minimum distance of sixty (60) feet from any adjacent right-of-way line.

(5)

Driveway entry signs shall be permitted as allowed in this Ordinance.

(6)

All refuse containers shall not be located in the front yard and be screened from view by a six (6) foot high fence or wall of sound construction and painted or otherwise attractively finished.

N.

Earth Sheltered Dwellings.

(1)

All yard, lot, and area requirements of the Zoning District in which the dwelling is located shall apply. Ground covering any portion of the dwelling shall not be included as required yard area.

(2)

The design of the structure shall be certified by an architect or engineer registered in the State of Michigan.

(3)

If the dwelling is to be substantially covered by earth or hidden from view, consideration shall be given to the location of outdoor storage areas, mechanical equipment, and accessory structures which may require screening or other methods of concealment to minimize their visual impact upon surrounding areas.

O.

Golf Courses, Country Clubs and Driving Ranges.

(1)

Minimum lot size shall be forty (40) acres.

(2)

All buildings shall set back a minimum distance of seventy-five (75) feet from all property and right-of-way lines.

(3)

Lighting shall be shielded to reduce glare and shall be so arranged and maintained as to direct light away from all residential lands which adjoin the suite.

P.

Hospitals, Clinics, and Convalescent Homes.

(1)

All sites shall abut and have access to an arterial street.

(2)

Hospitals and convalescent homes shall be set back at least seventy-five (75) feet from the road right-of-way line and fifty (50) feet from all other property lines.

Q.

Housing for Seasonal Labor.

(1)

All such housing shall be in conjunction with an active agricultural operation.

(2)

Proper interior and exterior maintenance of all structures shall be provided.

(3)

All applicable Federal, State, and County regulations shall be complied with.

R.

Junk and Salvage Yards.

(1)

Minimum lot size shall be five (5) acres

(2)

The setback from the front property line to the area upon which junk materials are stored shall not be less than one hundred fifty (150) feet and said area shall be screened from view around the entire periphery of the site by a wall or fence at least six (6) feet in height. Such wall or fence shall be of sound construction and painted or otherwise attractively finished.

(3)

The area where junk materials are stored, including all buildings, shall be located no closer than five hundred (500) feet to any public building, church, hospital, sanitarium, convalescent home, day nursery, school, or similar use nor closer than one hundred (100) feet to any Residential District boundary line. A one hundred (100) foot greenbelt shall be provided along the property line in all cases.

(4)

All structures, fencing, and storage yards shall be setback not less than fifty (50) feet from any street and any Commercial or Industrial District boundary line. Such setback shall be maintained as a greenbelt to minimize the appearance of the installation.

S.

Kennels and Veterinary Clinics.

(1)

Minimum required setback for all buildings shall be seventy-five (75) feet. No structure shall be closer than fifty (50) feet to any property line.

(2)

For kennels, the minimum lot size shall be two (2) acres for the first four (4) dogs and an additional ten thousand (10,000) square feet for each one (1) additional dog.

(3)

The Planning Commission shall consider the effects of noise, odor, and sanitary conditions on surrounding properties and may require additional safeguards to prevent any possible nuisance.

T.

Manufacturing, Compounding, Processing, Packaging, Treating, Assembly, and Bulk Storage of Certain Products.

(1)

Minimum lot size shall be five (5) acres.

(2)

Minimum required front setback for all buildings shall be one hundred (100) feet.

(3)

This land use shall not be permitted within one thousand (1,000) feet of any Residential District.

(4)

The site shall abut and have direct access to an arterial street.

(5)

Proposed truck routes to and from the site shall be subject to the Planning Commission approval.

(6)

All applicable Federal, State, and County regulations shall be complied with.

U.

Mining, processing, and transporting stone, sand or gravel aggregate.

(1)

All uses shall comply with the applicable standards of the State of Michigan.

(2)

No fixed machinery shall be erected or maintained within fifty (50) feet of any property or street right-of-way. No cut or excavation shall be made closer than fifty (50) feet to any property or street right-of-way line in order to ensure sub lateral support to surrounding areas.

(3)

Where it is a public hazard, the excavation site shall be enclosed by a fence at least six (6) feet high around the entire periphery of the site or hazardous portion thereof. Fences shall be adequate to prevent trespass, and shall be placed no closer than fifty (50) feet to the top or bottom of any slope.

(4)

No slope shall exceed an angle with the horizontal of forty-five (45) degrees.

(5)

No building shall be erected as temporary shelter for machinery and a field office.

(6)

Proposed truck routes to and from the site shall be subject to approval.

(7)

Proper measures, determined by the Zoning Administrator, shall be taken to minimize the nuisance of noise, dust, and flying rock.

(8)

A contour plan showing the existing grade of the site, areas where excavation will occur, the final grade of the site when excavation is completed, and the end use to which the site will be put, shall he submitted for approval prior to beginning excavation.

(9)

When excavation and removal operations are completed, the excavated area shall be graded so that the slope shall not exceed a ratio of 3:1 (horizontal-vertical). A layer of arable topsoil shall be spread over the excavated area, except for exposed rock surfaces or areas below natural water level, to a minimum depth of four (4) inches in accordance with the approved contour plan. Such areas shall also be seeded with a perennial rye grass and maintained until the area is stabilized as determined by the Zoning Administrator.

V.

Mortuaries and Funeral Homes.

(1)

Minimum lot area shall be one (1) acre and the minimum width shall be one hundred fifty (150) feet.

(2)

A well designed and landscaped off street vehicle assembly area shall be provided for funeral processing activity. This area shall be in addition to the required off street parking area.

(3)

A caretaker's residence may be provided within the principal building.

(4)

The site shall abut and have access to an arterial street.

W.

Municipal Buildings and Utility Buildings, not requiring outdoor storage, community centers, libraries, museums, and similar uses.

(1)

All such buildings shall be located at least fifty (50) feet from any dwelling.

(2)

No outdoor storage shall be permitted.

(3)

Refuse containers shall be not located in the front yard and be screened from view by a six (6) foot high fence or wall of sound construction and painted or otherwise attractively finished.

(4)

All off street parking areas shall be landscaped and screened from view of adjoining dwellings.

X.

Open Air Businesses.

(1)

Minimum lot area shall be one (1) acre.

(2)

Minimum lot width shall be two hundred (200) feet.

(3)

The Planning Commission may require a six (6) foot fence or wall to be constructed along the rear and/or sides of the lot to keep trash, paper, and other debris from blowing off the premises.

(4)

All open air businesses shall comply with all applicable Health Department regulations regarding sanitation and general health conditions.

(5)

The Planning Commission may, to ensure strict compliance with any regulation contained herein and required as a condition of special land use approval, require the permittee to furnish a performance bond in accordance with this Ordinance.

(6)

The lot area used for parking shall be hard-surfaced and the display or storage areas shall be provided with a permanent, durable, and dustless surface, and shall be graded and drained so as to dispose of all surface water.

(7)

Ingress and egress shall be provided as far as practicable from two (2) intersecting streets and shall be at least one hundred (100) feet from an intersection.

(8)

All lighting shall be shielded from adjacent residential areas.

(9)

In the case of a plant materials nursery:

a.

The storage or materials display areas shall meet all the yard setback requirements applicable to any building in the District.

b.

All loading activities and parking areas shall be provided on the same premises (off-street).

c.

The storage of any soil, fertilizer, or similar loosely packaged materials shall be sufficiently contained to prevent any adverse effect upon adjacent properties.

(10)

No display area shall be located within ten (10) feet of a road right-of-way line.

Y.

Outdoor seating/service areas for permitted restaurants.

(1)

Outdoor dining/seating must be accessory to an approved use.

(2)

Outdoor dining/seating area may not encroach into a public right-of-way.

(3)

The site plan shall indicate maintenance of eight (8) feet of clear space from tree canopies.

(4)

All alcoholic beverages shall be sold to patrons seated at tables an only for consumption on the premises. No outdoor bars, patron dancing, or live entertainment shall be permitted in the outdoor dining/seating.

(5)

The area designated for outdoor dining/seating must be enclosed with a decorative metal fence consistent with the fencing requirements of the City and no more than 25% opaque.

(6)

Outdoor dining/seating shall not extend between the hours of 11 p.m. and 6 a.m.

(7)

Parking for outdoor dining/seating shall be provided at a ratio of one space for each 70 square feet of gross floor area (GFA).

(8)

Lighting visible from the public right-of-way should be unobtrusive and in keeping (night and day) with the architectural character of the district. Indirect lighting and accent lighting for public entrances are encouraged.

Z.

Outdoor storage yards accessory to any permitted use.

(1)

Outdoor storage yards may not be located in the front yard.

(2)

Screening and landscaping requirements are subject to Chapter 6.

AA.

Outdoor storage, display and sale of farm implements and construction equipment.

(1)

No display area shall be located within ten (10) feet of a road right-of-way line.

(2)

The lot area used for parking shall be hard-surfaced and the display or storage areas shall be provided with a permanent, durable, and dustless surface, and shall be graded and drained so as to dispose of all surface water.

(3)

Ingress and egress shall be provided as far as practicable from two (2) intersecting streets and shall be at least one hundred (100) feet from an intersection.

(4)

All lighting shall be shielded from adjacent properties.

BB.

Par 3 Golf, Miniature Golf, and Driving Ranges.

(1)

All sites shall abut and have access to an arterial street and all traffic should be from said street.

(2)

All points of ingress and egress for motor vehicles shall be located no closer than two hundred (200) feet from the intersection of two (2) streets.

(3)

Where such uses abut a Residential District, a transition strip of one hundred (100) feet in width shall be provided between all operations and structures, including fences, and the residential property. The size and type of landscape materials to be used in such transition strip shall be approved by the Planning Commission.

(4)

All lighting shall be deflected away from adjacent streets and property.

CC.

Parking Lots, including municipal and private facilities not directly associated with a principal use.

(1)

All such lots shall be hard-surfaced with asphalt, concrete or another approved material and shall be graded and drained to dispose of surface water.

(2)

All lighting shall be deflected away from adjacent streets and residential property.

(3)

Where a parking lot is adjacent to or across the street from a Residential District, a landscaped greenbelt at least ten (10) feet in width shall be provided along all property lines abutting or facing such Residential District.

(4)

Adequate ingress and egress to the parking lot, by means of limited and clearly defined driveways, shall be provided. No driveway shall be located closer than one hundred (100) feet to a street intersection.

DD.

Private Non-Commercial Recreation.

(1)

The lot shall abut and have direct access to an arterial street.

(2)

No outdoor activity areas shall be located within one hundred (100) feet of any property line.

(3)

Retail sales may be permitted to members and guests only and there shall be no externally visible evidence of commercial activity, however incidental. All access to such commercial space shall be from within the building.

EE.

Raising of fur-bearing animals or game birds.

(1)

Minimum parcel size shall be five (5) acres.

(2)

All buildings other than a dwelling shall be located at least fifty (50) feet from any lot line.

(3)

All buildings housing farm animals or poultry shall be located at least two hundred feet (200) from any lot line.

(4)

No storage of manure or other odor or dust-producing materials shall be permitted within two hundred (200) feet of any lot line.

(5)

Farm animals are permitted as follows:

a.

Raising and keeping of livestock and poultry including horses, cattle, sheep, chickens, and similar animals (excluding pigs) provided that the minimum area upon which one (1) animal may be kept shall be five (5) acres and one (1) additional animal may be kept for each additional acre over five (5) acres.

FF.

Recreation Camps and Campgrounds.

(1)

Minimum lot size shall be three (3) acres.

(2)

Public stations, housed in all-weather structures, containing adequate water outlet, waste container, toilet, and shower facilities shall be provided in accordance with City, State and/or Newaygo County requirements.

(3)

No commercial enterprise shall be permitted to operate on the grounds, except those activities which are solely for the use of patrons of the camp or campgrounds.

(4)

Each campsite shall contain a minimum area of twelve hundred (1,200) square feet.

GG.

Residential Uses.

(1)

All such residential uses must have a distinct and separate entrance from any commercial activities and shall not be located in the same building or compound as a commercial use, building or activity.

(2)

Residential uses must meet all applicable City, County, and State codes

(3)

Must provide adequate off-street parking. Formula in Chapter 7 for multiple family dwellings shall apply.

HH.

Riding and Breeding Stables.

(1)

No storage of manure or odor or dust producing materials or use shall be permitted within fifty (50) feet.

(2)

Stables and other building (excluding residential structures) shall not be closer to any adjoining lot line than fifty (50) feet.

(3)

For commercial breeding, rearing, and housing of horses, mules, and similar domestic animals, the minimum lot size shall be ten (10) acres.

II.

Schools (excluding commercial schools).

(1)

Traffic generated by adjacent uses shall be considered prior to approving the location of any driveways.

(2)

No recreation or play areas shall be located within fifty (50) feet of any existing dwelling.

(3)

All vehicular access to and from the site shall be from an arterial street.

JJ.

Sexually-Oriented Businesses.

(1)

Purpose and Intent. The purpose and intent of these provisions is to regulate sexually oriented businesses and related activities to promote the health, safety, and welfare of patrons and employees of such businesses, and to promote the health, safety, and welfare of the citizens of the City of Newaygo. In the development and execution of this subsection, it is recognized that there are some uses which, because of their very nature, have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or when one or more of them is located in proximity to a residential zone, thereby having a deleterious effect upon the adjacent areas. These controls are for the purpose of preventing a concentration of these uses within any one area, or to prevent deterioration or blighting of a surrounding residential neighborhood. These provisions are not intended, nor shall they have the effect of, imposing a limitation or restriction on the content of any communicative materials including, but not limited to, sexually oriented materials that are protected by the First Amendment to the United States Constitution or by Article I, Section 5 of the Michigan Constitution of 1963. Additionally, it is not the intent of the provisions of this Ordinance, nor shall it have the effect of, restricting or denying access by adults to sexually oriented materials that are protected by said federal and state constitutions. Further, it is not the intent of these provisions, nor shall they have the effect of, denying access by the distributors and exhibitors of sexually oriented entertainment to their target market. These regulations shall not be interpreted as intending to legitimize any activities which are prohibited by federal or state law, or by any other Ordinance of the City of Newaygo.

(2)

Definitions. The following words and terms, as used in this Ordinance, shall have the meaning indicated in this Section.

a.

Adult Bookstore, Adult Novelty Store, or Adult Video Store. A commercial establishment that, as one of its business purposes or services, offers for sale or rental for any form of consideration, any one or more of the following:

i.

Books, magazines, periodicals, or other printed and/or electronic or digital matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations or media which depict or describe specified sexual activities or specified anatomical areas; or,

ii.

Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities. A commercial establishment may have other business purposes or services that do not involve the offering for sale or rental of the material identified in paragraphs i. or ii. above, and still be categorized as an Adult Bookstore, Novelty Store, or Video Store. The sale or rental of such material shall be deemed to constitute a business purpose or service of an establishment if it comprises forty (40) percent or more of the establishment's gross revenues, or if such materials occupy forty (40) percent or more of the floor area of visible inventory within the establishment.

b.

Adult Cabaret. A nightclub, bar, restaurant, lounge, or similar commercial establishment that regularly features:

i.

Persons who appear in a state of nudity;

ii.

Live performances that are characterized by the exposure of specified sexual activities or specified anatomical areas; or,

iii.

Films, motion pictures, video cassettes, slides, electronic, digital, other photographic reproductions or visual media that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

c.

Adult Motion Picture Theater. A commercial establishment which, for any form of consideration, regularly and primarily shows films, motion pictures, video cassettes, slides, or other photographic reproductions or visual media that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

d.

Sexually Oriented Business. An adult bookstore, video store, or novelty store, adult cabaret, adult motion picture theater, or a commercial enterprise that regularly features the sale, rental, or exhibition for any form of consideration, of books, films, videos, DVDs, magazines, or other visual representation of live performances which are characterized by an emphasis on the exposure or display of specified sexual activities or specified anatomical areas.

e.

Specified Anatomical Areas.

i.

Less than completely and opaquely covered human genitals, pubic region, buttock or anus; or female breast immediately below the top of the areola; or,

ii.

Human male genitals in a discernible turgid state, even if completely and opaquely covered.

f.

Specified Sexual Activities.

i.

Human genitals in a state of sexual stimulation or arousal;

ii.

Acts of human masturbation, sexual intercourse or sodomy; or

iii.

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

(3)

Land Use Requirements.

a.

The land use is located within a zone district in which sexually oriented businesses are specifically permitted as a Special Land Use.

b.

The use is not located within a 1,000 foot radius of any other such use, measured in a straight line from the nearest lot line to the nearest lot line, except that such restrictions may be waived by the City Council, if the following findings are made:

i.

That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this subsection will be observed.

ii.

That the proposed use will not enlarge or encourage the development of a blighted or deteriorating area in its immediate surroundings.

iii.

That the establishment of a regulated use, or an additional regulated use, in the area will not be contrary to any program of neighborhood conservation.

iv.

That all applicable state laws and local ordinances will be observed.

v.

Prior to the granting of any waiver as herein provided, the City Council may impose any such conditions or limitations upon the establishment, location, construction, maintenance, or operation of the regulated use as may, in its judgment, be necessary for the protection of the public interest. Any evidence and any guarantee may be required as proof that the conditions stipulated in connection therewith will be fulfilled.

c.

Parking spaces shall be provided at the ratio of one (1) space per person permitted by the maximum occupancy load established by local, county, state, fire, health, or building codes.

(4)

No adult use shall remain open at any time between the hours of eleven o'clock (11:00) P.M. and ten o'clock (10:00) A.M. and no such use shall be open on Sundays.

(5)

No alcohol shall be served at any adult use.

(6)

No adult use shall permit any person under the age of eighteen (18) years to enter the premises. Signs shall be conspicuously posted noting that such minors are not allowed.

(7)

All parking areas and the building shall be well lighted to ensure the safety and security of patrons. These areas shall remain lighted for one (1) hour after closing each night.

(8)

The use shall be located more than five hundred (500) feet from any Residential District boundary, measured to the nearest lot line of the proposed use.

KK.

Sales Lot and Showrooms for New and Used Motor Vehicles, Boats, Trailers, Manufactured Homes and Similar Uses.

(1)

The lot area used for parking shall be hard-surfaced and the display or storage areas shall be provided with a permanent, durable, and dustless surface, and shall be graded and drained so as to dispose of all surface water by approved methods.

(2)

No display area shall be located within required front yard.

(3)

All lighting shall be shielded from adjacent properties and roadways.

(4)

Ingress and egress shall be provided as far as practicable from two (2) intersecting streets and shall be at least one hundred (100) feet from an intersection.

LL.

State Licensed Residential Facilities (Group and Centers).

(1)

The use shall be registered with the City and shall continually have on file with the City documentation of a valid license as required by the state.

(2)

The applicant shall submit documentation of compliance with State Building and Fire Codes.

(3)

There shall be sufficient outdoor play area to meet state regulations. All required outdoor play areas shall be fenced with a four (4) foot tall fence, provided that no fence shall be located in a front yard.

(4)

Non-residential parking setback and screening provisions shall apply.

(5)

The building shall have an appearance that is non-intrusive and consistent in color, materials, roofline and architecture with the District and neighborhood in which it is located.

MM.

Waste Disposal Facilities (Landfills).

(1)

All uses shall be established and maintained in accordance with all applicable County, State, and Federal requirements.

(2)

All uses shall be enclosed by a fence six (6) feet or more in height around the periphery of the property. Fences shall be adequate to prevent trespassing and contain debris.

(3)

All areas within any single development shall be rehabilitated progressively as they are filled or abandoned so they will not be hazardous and will be inconspicuous and blend with the surrounding terrain.

(4)

Proposed truck routes to and from the site shall be subject to approval.

(5)

All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, individual, or the community in general.

NN.

Wireless/Communication Towers.

(1)

The minimum lot size shall be the same as that of the district in which the tower is located.

(2)

The tower shall be set back from all lot lines a minimum distance equal to one-half (1/2) the height of the tower. All other buildings, structures, and guy wires shall meet the minimum setback requirements of the Zoning District.

(3)

In Residential Districts, such towers shall not exceed one hundred (100) feet in height, unless located on publicly owned land.

a.

Existing commercial wireless communication towers established prior to the adoption of the Wireless Communication Tower Ordinance in December 2003, located in residentially zoned districts may be rebuilt to a height not to exceed 195 feet for the sole purpose of accommodating co-location.

(4)

A security fence at least six (6) feet in height shall be constructed around the tower and supports.

(5)

Where possible, joint use of tower facilities shall be required for multiple users (co-location) in order to minimize the number of separate towers and individual locations throughout the city. As a condition of approval, the applicant shall agree to permit future users to share the tower facility.

(6)

Unless located on the same site or tower with another user, no new tower shall be erected within a two (2) mile radius of an existing radio, television, or cellular communications tower.

(7)

Where the effect of any of the provisions of this ordinance would be to prevent or preclude the operation of amateur radio antennas, the City Council may approve the use if the applicant demonstrates that the requirements would interfere with the reasonable accommodations of amateur radio communications.

OO.

Medical Marihuana Facilities.

(1)

General requirements.

a.

All such buildings shall be located at least 500 feet from any dwelling.

b.

No storage or activities, including growing of plants, may occur outside of an enclosed building.

c.

Refuse containers shall be not located in a front yard and shall be screened from view by a six (6) foot high fence or wall of sound construction and painted or otherwise attractively finished.

d.

All off street parking areas shall be landscaped.

e.

Front and side yard areas shall be landscaped so as to minimize the visual impact of the principal structure.

f.

On a corner lot, both street frontage sides shall be subject to all applicable front yard requirements.

g.

Such uses shall comply at all times and in all circumstances with Ordinance No. 17-01, Chapter 52 of the City of Newaygo General Code of Ordinances regarding medical marihuana facilities, the Michigan Medical Marihuana Act of 2008, the Medical Marihuana Facilities Licensing Act, Public Act 281 of 2016, and the general rules of the medical marihuana licensing board and the Department of Licensing and Regulatory Affairs, or their successors, as the foregoing laws and regulations may be amended from time to time.

h.

Except as expressly permitted by state law or City ordinance, the consumption, dispensation and/or use of medical marihuana at a medical marihuana facility is prohibited.

(2)

Minimum Operational Standards of a Medical Marihuana Grower Facility.

a.

The following minimum standards for a medical marihuana grower facility shall apply:

i.

The premises shall be open for inspection by the City during the stated hours of operation and as such other times as anyone is present on the premises;

ii.

Any medical marihuana grower facility shall comply with state law and shall maintain a log book and/or database identifying by date the amount of medical marihuana and the number of medical marihuana plants on the premises which shall not exceed the amount permitted under the grower license issued by the state. This log shall be available to law enforcement personnel to confirm that the medical marihuana grower does not have more medical marihuana than authorized at the location;

iii.

That portion of the structure where any chemicals such as herbicides, pesticides, and fertilizers are stored shall be subject to inspection and approval by lawful governmental authorities at all times to ensure compliance with the state and City laws;

iv.

There shall be no other accessory uses permitted within the facility other than those associated with growing or cultivating medical marihuana;

v.

Litter and waste shall be properly removed and the operating systems for waste disposal are maintained in an adequate manner so that they do not constitute a source of contamination in areas where medical marihuana is exposed;

vi.

There shall be adequate screening or other protection against the entry of pests. Rubbish shall be disposed of so as to minimize the development of odor and minimize the potential for waste development and minimize the potential for waste becoming an attractant, harborage or breeding place for pests;

vii.

Any buildings, fixtures and other facilities shall be maintained in a clean and sanitary condition; and

viii.

Medical marihuana grower facilities shall be free from infestation by insects, rodents, birds, or vermin or any kind.

(3)

Minimum Operational Standards for a Medical Marihuana Safety Compliance Facility.

a.

The following minimum standards for a safety compliance facility shall apply:

i.

The premises shall be open for inspection by the City during the stated hours of operation and as such other times as anyone is present on the premises;

ii.

Any safety compliance facility shall maintain a log book and/or database identifying by date the amount of medical marihuana on the premises and from which particular source;

iii.

There shall be no other accessory uses permitted within the facility other than those associated with testing medical marihuana;

iv.

Litter and waste shall be properly removed and the operating systems for waste disposal are maintained in an adequate manner so that they do not constitute a source of contamination in areas where medical marihuana is exposed; and

v.

Any buildings, fixtures and other facilities shall be maintained in a sanitary condition.

(4)

Minimum Operational Standards for a Medical Marihuana Processor Facility.

a.

The following minimum standards for a medical marihuana processor facility shall apply:

i.

The premises shall be open for inspection by the City during the stated hours of operation and as such other times as anyone is present on the premises;

ii.

Any medical marihuana processor facility shall comply with state law and shall maintain records necessary for such purposes. Such records shall be available to law enforcement personnel to confirm such compliance;

iii.

That portion of the structure where any hazardous materials or chemicals are used or stored shall be subject to inspection and approval by lawful governmental authorities at all times to ensure compliance with the state and City laws;

iv.

There shall be no other accessory uses permitted within the facility other than those associated with creating or manufacturing marihuana-infused products to the extent authorized by law;

v.

Litter and waste shall be properly removed and the operating systems for waste disposal are maintained in an adequate manner so that they do not constitute a source of contamination in areas where medical marihuana is exposed;

vi.

There shall be adequate screening or other protection against the entry of pests. Rubbish shall be disposed of so as to minimize the development of odor and minimize the potential for waste development and minimize the potential for waste becoming an attractant, harborage or breeding place for pests;

vii.

Any buildings, fixtures and other facilities shall be maintained in a clean and sanitary condition; and

viii.

Medical marihuana processor facilities shall be free from infestation by insects, rodents, birds, or vermin or any kind.

(Ord. No. 2021-03, art. 5, 6-14-2021; Ord. No. 2021-06, art. I, 11-8-2021)

A.

The Zoning Board of Appeals is without jurisdiction or authority to consider or decide an appeal of a special land use or site plan decision.

B.

As with a lawful nonconforming use, a special land use or site plan approval can be abandoned and be null and void.

(Ord. No. 2021-06, art. I, 11-8-2021)