a.

It is the intent of this division to require site plan review approval by the planning commission prior to issuance of a building permit for certain buildings, structures, and uses that can be expected to have an impact on natural resources, traffic patterns, adjacent parcels, and the character of future development, and for all special land uses, to ensure that all such buildings, structures, and uses are in conformity with the provisions of this division.

b.

It is the intent of this division to require the eventual upgrade of existing sites that do not conform with current standards of this division and ensure that the arrangement, location, design, and materials within a site are consistent with the character of the city and the goals and design guidelines in the city master plan.

(Ord. No. O-23-728, § 8, 3-8-23; Ord. No. O-25-739 meeting, § 11, 5-19-25)

Site plans for planned unit developments shall be subject to the provisions of article V, division 2, planned unit development overlay, and site condominiums and condominium subdivisions shall be subject to the provisions of article V, division 5, condominium development standards, and the Condominium Act (MCL 559.101 et seq.). All plats for new subdivisions shall conform with the city subdivision regulations and all other applicable city ordinances, and with all applicable laws of the state.

Projects identified as exempt from site plan review must still meet all applicable zoning ordinance and general code requirements.

a.

Intent. The intent of this section is to permit submittal of a sketch plan in certain specific instances where a complete site plan is not considered essential to ensure compliance with the intent and standards of this division. The intent is to also provide for an administrative review by city staff of planning commission approved site plans for compliance with conditions as imposed by the planning commission.

b.

Eligibility. A sketch plan, rather than a complete site plan package, may be submitted for uses or activities identified in this Division, Section 501: Uses Requiring Site Plan Review.

c.

Procedure.

1.

Sketch plan. The process for administrative approval of a sketch plan shall involve submittal of the sketch plan and required application form, and fee to the city planner. The city planner shall review the sketch plan in accordance with the same standards used by the planning commission for a full site plan. The city planner shall make a report of administrative reviews to the planning commission.

2.

Minimum contents. The minimum contents of a sketch plan submitted for administrative review include:

a)

Cover sheet including:

1)

Completed application form and fee.

2)

Title block with sheet number/title; name, address, email, and telephone number of the applicant and firm or individual who prepared the plans; and date(s) of submission and any revisions (month, day, year).

3)

A scale of not less than one inch equals 50 feet if the subject property is less than three acres, and one inch equals 100 feet if there are three acres or more.

4)

Scale and north-point.

5)

Location map drawn to a separate scale with north-point, showing surrounding land, water features, zoning, and streets within 100 feet of subject property lines (may be waived).

6)

Legal and common description of property including net acreage.

7)

Identification and seal of registered or licensed architect, engineer, land surveyor, or landscape architect who prepared drawings (may be waived).

8)

Zoning classification of petitioner's parcel and all abutting parcels.

9)

A note on each plan sheet stating "Not to Be Used as Construction Drawings."

b)

Buildings and structures.

1)

Existing and proposed buildings and parking lots with dimensions, setbacks, and percent coverage.

2)

Floor plan indicating existing and proposed uses.

3)

Building elevations including materials and colors for all sides with proposed changes. Building material samples shall be submitted to the city planner for approval.

c)

Parking and access.

1)

Existing and proposed parking calculations.

2)

Existing and proposed driveways.

d)

Site data.

1)

Existing and proposed landscaping illustrated on the plan and described in a plant list including irrigation method.

2)

Proposed changes to grading and other natural features.

3)

Stormwater (may be waived)

4)

Existing and proposed lighting and screening.

5)

Proposed changes to utilities.

6)

Location of utilities (may be waived).

7)

Any other items requested by the city planner to assist in the administrative review.

3.

Planning commission approved site plan. If the administrative review consists of a review of an approved site plan with conditions by the planning commission, the complete site plan must be submitted with all revisions highlighted in such a manner that all modifications are easily identified.

4.

Additional information. The city planner retains the option to require additional information or a complete site plan for review by the planning commission, particularly for sites which do not comply with previously approved site plans, sites with parking deficiencies, sites abutting residential districts, or sites experiencing problems with drainage, traffic, noise, aesthetics, or other general health and safety issues. If a full site plan is required, the city planner shall inform the applicant to submit a set of plans in accordance with this division within 14 days of receipt of the application.

The site plan approval process includes a review, at the option of the applicant, of a conceptual site plan by the city staff. This option is recommended for site plans affecting locations designated in the city master plan as having significant natural features, sites containing floodplain or within the flood hazard zone, sites containing or potentially containing EGLE designated/regulated wetlands, special land uses, and complex developments. The review of a conceptual site plan allows the planning commission and/or city staff to review and comment on the project's compliance with the requirements of this division prior to the preparation of all the required site plan review materials. The process is illustrated in development review process below.

The site plan shall include all the following information, unless the city planner determines that some of the required information is not reasonably necessary:

a.

Application, form, and fees. A completed application form, supplied by the city, and an application fee. An application will not be placed on the planning commission agenda until the city planner determines that the application is complete as reviewed by city staff and consultants and all fees have been paid.

b.

Proof of ownership. Current proof of ownership of the land to be utilized or evidence of a contractual ability to acquire such land, such as an option or purchase agreement. Include signature of applicant and legal owner of the property, if different.

c.

Project schedule. A narrative indicating the period of time within which the project will be completed.

d.

Copies. 15 copies of the site plan:

1.

Sheet size. Sheet size of submitted drawings shall be 24 inches by 36 inches, with graphics at an engineer's scale of one inch equals 20 feet for sites of 20 acres or less; and one inch equals 100 feet or less (i.e. one inch equals 20 to 100 feet) for sites over 20 acres.

2.

Cover sheet. Cover sheet providing:

a)

Applicant's name, contact information, common property address

b)

Name of the development.

c)

Preparer's name and professional seal of architect, engineer, surveyor, or landscape architect indicating license in the state.

d)

Date of preparation and revision dates.

e)

North arrow.

f)

Property lines and dimensions.

g)

Complete and current legal description, property identification number, and size of property in acres.

h)

Small location sketch of sufficient size and scale to determine the site's location within the city.

i)

Note on each plan sheet stating "Not to Be Used as Construction Drawings."

j)

Location map at a scale of one inch equals 2,000 feet, showing site location, major roads, and railroads.

e.

Site plan. Plan sheet(s) indicating:

1.

A scale of not less than one inch equals 50 feet if the subject property is less than three acres, and one inch equals 100 feet if there are three acres or more.

2.

Zoning and current land use of applicant's property and all abutting properties and of properties across any public or private street from the site.

3.

Lot lines and all structures on the property and within 100 feet of the site's property lines.

4.

Location of any vehicle access points on both sides of the street within 100 feet of the site along streets where vehicle access to the site is proposed.

5.

Existing buildings and any public or private easements, noting those which will remain and which are to be removed.

6.

Property identification number(s) and the dimensions of all lot and property lines, showing the relationship of the subject property to abutting properties.

7.

Location of all existing and proposed structures, uses, number of stories, gross building area, setback lines, distances between structures, and location of loading areas on the subject property.

8.

Location of all existing structures within 100 feet of the subject property lines.

9.

All existing and proposed aisles, drives, pedestrian paths, roadways, parking areas and number of parking spaces on the subject property. Interior walks and pedestrian or bicycle paths within right-of-way.

10.

All existing and proposed roadways, drives, parking areas, and pedestrian paths within 100 feet of the subject property.

11.

Location and height of all walls, fences, and screen planting, including a plan for landscaping of the development and the method by which landscaping is to be maintained.

12.

Location and widths of all abutting streets, existing and proposed rights-of-way, easements, and pavements.

13.

Types of existing and proposed surfacing, such as asphalt or concrete paving.

14.

Types of facing materials to be used on structures.

15.

Elevations (front, sides, and rear views) of all sides of the building(s).

16.

A floor plan drawing showing the specific use areas of all existing and proposed building on-site.

17.

Density calculations (for multiple family projects).

18.

Principal and accessory buildings.

19.

Drive or street approaches including acceleration, deceleration and passing lanes, where appropriate.

20.

All utilities located on or serving the site, including sizes of water and sewer lines.

21.

Loading and unloading areas.

22.

Estimated number of full-time and part-time employees.

23.

Where large equipment or machinery is to be installed as part of the development, the location, type, horsepower, fuel, dimensions, noise, vibration, and emission levels, and other data of all such equipment or machinery.

24.

General location type, and size of proposed signs for all buildings and uses on site.

25.

Such other reasonable and relevant information as may be required by the city to assist in the review of the proposed development.

26.

Proposed fire lanes and fire lane signs.

27.

Proposed traffic circulation pattern and proposed signs and specifications for control of traffic.

28.

Measures to be taken to protect existing on-site trees not proposed for removal as part of the development.

29.

Landscape plan showing species, spacing, and size of each tree and plant material and ground cover and including required irrigation method.

30.

Final site plan approval may be conditioned on approvals being obtained from outside agencies.

31.

Site engineering plans prepared by a registered civil engineer. Submission of final engineering plans may be a condition of site plan approval. Plans shall include the following:

a)

A proposed grading and drainage plan. The plan should show proposed finished floor elevations, finished grades at structures, proposed storm collection system, storm outlet(s), ultimate downstream outlet, and, when required, retention/detention basin design calculations. Any areas of filled or reclaimed land shall be identified and all development shall detain stormwater so that the runoff from the property does not negatively impact upon adjacent properties or public and private rights-of-way. Compliance with engineering standards shall be determined by the city engineer. The planning commission shall require compliance with engineering standards, subject to the city engineer's final approval, as a condition of site plan approval.

b)

All utilities located on or serving the site, including sizes of water and sewer lines, proposed hydrants, proposed meter size, and proposed fire suppression line into building. Proposed sanitary leads, proposed sanitary sewers or on-site disposal systems must also be shown, as applicable.

c)

Proposed streets and drives showing types of surfacing, whether public or private, and grade elevations.

d)

If connected to a city water system, show existing invert elevation or lateral at proposed tap manhole and approximate invert; otherwise, Location of existing or proposed well.

e)

If connected to a city sanitary system, show existing invert elevation or lateral at proposed tap man-hole and approximate invert

f)

Preliminary storm system layout and flow arrows demonstrating that storm flow connections and disposal methods are feasible.

g)

Typical cross-sections for streets, roads, alleys, parking lots, etc., as applicable.

h)

Existing and proposed ground contours at intervals of one foot.

32.

Elevations showing height, materials, and colors for all proposed structures, including any residential units, shall be provided and considered part of the approved site plan; the building elevations must show all rooftop mechanical units along with the proposed method of screening.

33.

A floor plan drawing showing the specific use areas of all existing and proposed building on-site.

34.

Density calculations (for multiple family projects).

35.

Proposed lot coverage percentage and impervious surface percentage.

36.

Locations of all natural, historical, and architectural features; natural features shall include all woodlands, trees (in accordance with article IV, division 3, section 443, incentives to preserve existing trees, non-EGLE regulated wetlands, lakes, rivers, drainageways, topography, etc.

37.

Location(s) of any EGLE- regulated wetland, including submission of a wetland delineation by a qualified wetland consultant, and indication of the status of application for an EGLE wetland permit or copy of permit received including description of any wetland mitigation required; and location of other non-regulated wetland areas over two contiguous acres.

38.

Location and method of screening for all waste receptacles including dumpsters and compactors, meeting the requirements of article III, division 1, section 333, waste receptacles and enclosures.

39.

Where large equipment or machinery is to be installed as part of the development, the location, type, horsepower, fuel, dimensions, noise, vibration, and emission levels, and other data of all such equipment or machinery.

40.

Details of exterior lighting meeting the requirements of article IV, division 5, lighting standards, including locations, height, method of shielding; and a photometric grid overlaid on the proposed site plan indicating the overall light intensity throughout the site (in footcandles).

41.

Landscape plan. A landscape plan in accordance with article IV, division 3, landscape standards and tree replacement, indicating proposed plant locations with common plant name, number, and size in caliper at installation. Berms, retaining walls or fences shall be shown with elevations from the surrounding average grade.

f.

Additional items. Any additional graphics or written materials requested by the planning commission or city council to assist the city in determining the compliance with the site plan standards, such as aerial photography, photographs, traffic impacts using trip generation rates recognized by the Institute of Transportation Engineers (ITE) for an average day and peak hour of the affected roadways, and impact on significant natural features and drainage.

g.

Performance guarantees. To insure compliance with the provisions of this ordinance and any conditions imposed by the planning commission, the department of municipal services may require that a performance guarantee be deposited with the city to insure the faithful completion of improvements, in accordance with Section 505(1) of the Michigan Zoning Enabling Act of 2006, Public Act 110 of 2006, as amended. Improvements for which the city may require a performance guarantee include, but are not limited to, landscaping, berms, screen walls, lighting, surfacing of drives, parking areas, and acceleration/deceleration lanes, traffic control devices, sewer or water line improvements, and stormwater management systems.

(Ord. No. O-22-727, § 1, 12-5-22; Ord. No. O-25-739 meeting, § 11, 5-19-25)

Based upon the following standards, the planning commission may recommend approval, approval with conditions, or denial of the site plan:

a.

General. All elements of the site plan shall be designed to take into account the site's topography, existing historical and architectural features, the size and type of plot, the character of adjoining property, and the traffic operations of adjacent streets. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this division.

b.

Building design. The building design shall relate to the surrounding environment in regard to texture, scale, mass, proportion, and color. High standards of construction and quality materials will be incorporated into the new development in accordance with the requirements of article III, division 2, architectural building standards.

c.

Preservation of significant natural features. Judicious effort shall be used to preserve the integrity of the land, existing topography, and natural features.

d.

Landscaping. The landscape shall be preserved in its natural state, insofar as practical, by removing only those areas of vegetation or making those alterations to the topography which are reasonably necessary to develop the site in accordance with the requirements of this division. Landscaping shall be preserved and/or provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property. Landscaping, landscape buffers and greenbelts shall be provided and designed in accordance with the provisions of article IV, division 3, landscape standards and tree replacement.

e.

Streets. All streets shall be developed in accordance with the city subdivision control ordinance and construction standards, unless developed as a private road.

f.

Access, driveways, and circulation. Safe, convenient, un-congested, and well defined vehicular and pedestrian circulation within and to the site shall be provided and shall meet the following criteria:

1.

Drives, streets, parking, and other elements shall be designed to discourage through traffic, while promoting safe and efficient traffic operations within the site and at its access points.

2.

All driveways shall meet the design and construction standards of the city.

3.

Access to the site shall be designed to minimize conflicts with traffic on adjacent streets, particularly left turns into and from the site.

4.

For uses having frontage and/or access on a major traffic route, as defined in the city master plan, the number, design, and location of access driveways and other provisions for vehicular circulation shall comply with the provisions of article IV, division 2, access management and driveway standards.

g.

Emergency vehicle access. All buildings or groups of buildings shall be arranged so as to permit necessary emergency vehicle access as required by the city fire and police departments.

h.

Sidewalks, pedestrian and bicycle circulation. The arrangement of public or common ways for vehicular and pedestrian circulation shall be connected to existing or planned streets and sidewalks/pedestrian or bicycle pathways in the area in accordance with article III, division 1, section 326, sidewalks, bikepaths, and other walkways.

1.

A pedestrian circulation system shall be separated from vehicular circulation system.

2.

In order to ensure public safety, special pedestrian measures, such as crosswalks, crossing signals, and other such facilities may be required in the vicinity of primary and secondary schools, playgrounds, local shopping areas, fast food/service restaurants, and other high traffic areas of pedestrians or bicycles.

i.

Barrier-free access. The site has been designed to provide barrier-free parking and pedestrian circulation.

j.

Parking. The number and dimensions of off-street parking spaces shall be sufficient to meet the minimum required by article IV, division 1, off-street parking and loading standards. However, where warranted by overlapping or shared parking arrangements, the planning commission or city planner may reduce the required number of parking spaces as permitted in section 401f, shared parking, section 401g, parking lot deferment, and section 401m parking reduction.

k.

Loading and storage. All loading and unloading areas and outside storage areas shall be screened as determined by the planning commission.

l.

Soil erosion control. The site shall have adequate lateral support so as to ensure that there will be no erosion of soil or other material. The final determination as to adequacy of, or need for, lateral support shall be made by the city engineer.

m.

Utilities. Public water and sewer facilities shall be available or shall be provided for by the developer as part of the site development, where such systems are available.

n.

Stormwater management. Appropriate measures shall be taken to ensure that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Provisions shall be made to accommodate stormwater which complements the natural drainage patterns and wetlands, prevent erosion, and the formation of dust. Sharing of stormwater facilities with adjacent properties shall be encouraged. The use of detention/retention ponds may be required. Surface water on all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic or create standing water.

o.

Lighting. Exterior lighting, in accordance with article IV, division 5, lighting standards, shall be arranged so that it is deflected away from adjacent properties and so that it does not impede the vision of traffic along adjacent streets. Flashing or intermittent lights shall not be permitted.

p.

Performance standards. The site has been designed, buildings so arranged, and activities/equipment programmed to adhere to section 320, performance standards, particularly for sites adjacent to residential districts.

q.

Mechanical equipment and utilities. Mechanical equipment and utilities, roof, building and ground mounted, shall be screened in accordance with the requirements of article III, division 1, section 318, mechanical equipment and utilities.

r.

Waste receptacles. Waste receptacles shall be provided as required in article III, division 1, section 333, waste receptacles and enclosures.

s.

Signs. The standards of article IV, division 4, signs must be met.

t.

Hazardous materials or waste. For businesses utilizing, storing, or handling hazardous material such as automobile service and automobile repair stations, automobile body repair stations, dry cleaning plants, metal plating industries, and other industrial uses, documentation of compliance with state and federal requirements shall be provided.

u.

Other agency and department reviews. The applicant has provided documentation of compliance with other appropriate agency and department review standards, including, but not limited to, the EGLE, MDOT, county drain commission, county health department, state department of floodplain management, city police, fire, building, etc., and other federal and state agencies, as applicable.

(Ord. No. O-25-739 meeting, § 11, 5-19-25)

The planning commission shall review site plans with multiple phases as a site plan meeting the submission requirements of this division, section 506, site plan submittal requirements. Any future phases identified on a site plan must be reviewed by the planning commission in the form of a site plan submission. The planning commission may require that the conceptual layout for future phases and outlots be shown on site plans to ensure proper development of the overall site. When a future phase of development is identified on a site plan, however, the planning commission is not bound by any aspect of that portion of the plan until a site plan meeting the requirements of this division have been provided. In addition, any phase of a site plan where construction has not commenced within 18 months from the date of approval must return to the planning commission for a new site plan approval. The administration may extend the approval by 12 months if requested by the developer.

a.

As part of an approval to any site plan, the planning commission may impose any additional conditions or limitations as in its judgment may be necessary to ensure that public services and facilities can accommodate the proposed site plan and its activities, to protect significant natural features and the environment, and to ensure compatibility with adjacent land uses. Such conditions shall be considered necessary by the planning commission to ensure compliance with the review standards of this division, section 507, standards for site plan approval, and necessary to meet the intent and purpose of this division.

b.

Approval of a site plan, including conditions made as part of the approval, is attached to the property described as part of the application and not to the owner of such property or holder of the site plan.

c.

A record of conditions imposed shall be recorded on the site plan and maintained. The conditions shall remain unchanged unless an amendment to the site plan is approved in accordance with this division, section 511, deviations from approved site plan.

d.

A record of the decision of the planning commission, the reason for the decision reached and any conditions attached to such decision shall be kept and made a part of the minutes of the planning commission.

e.

The city planner shall require that the applicant revise and resubmit a site plan in compliance with the conditions imposed by the planning commission. Should resubmittal be required, all modifications shall be highlighted on the plan in such a manner that the modifications are easily identified. The city planner shall have authority to approve the site plan.

f.

The designated city official may make periodic investigations of developments for which site plans have been approved. Noncompliance with the requirements and conditions of the approved site plan shall constitute grounds for the planning commission to terminate such approval following a public hearing.

a.

Approval of the site plan, including any phase of a multi-phased site plan, is valid for a period of 18 months. If actual physical construction of a substantial nature of the improvements included in the approved site plan has not commenced and proceeded meaningfully toward completion during that period, the approval of the site plan shall be null and void.

b.

Upon written application filed prior to the termination of the 18 month review period, the city planner may authorize a single extension of the time limit for approval of a site plan for a further period of not more than 12 months. Such extension shall only be granted based on evidence from the applicant that the development has a likelihood of commencing construction within the extension period, the length of which shall be determined by the city planner but which shall not exceed 12 months.

a.

Amendments to the approved site plan may occur only under the following circumstances:

1.

An applicant or property owner who has been granted site plan approval shall notify the city planner of any proposed amendment to such approved site plan.

2.

Minor changes may be approved by the city planner. The city planner must provide, in writing to the planning commission, documentation that the proposed revision does not alter the basic design, compliance with the standards of this division, nor any specified conditions of the plan as agreed upon by the planning commission. In considering such a determination, the city planner shall consider the following to be a minor change:

a)

Change in size of structures, for residential buildings by up to five percent, provided that the overall density of units does not increase.

b)

Change in square footage of non-residential buildings by up to five percent or 1,000 square feet, whichever is smaller.

c)

Alterations to horizontal and/or vertical elevations by up to five percent.

d)

Movement of a building or buildings by no more than ten feet.

e)

Increase in designated "areas not to be disturbed."

f)

Replacement of plantings approved in the site plan landscape plan by similar types and sizes of landscaping which provides a similar screening effect on a one-to-one (1:1) or greater basis, with approval of the city planner.

g)

Improvements to site access or circulation, such as inclusion of deceleration lanes, boulevards, curbing, pedestrian/bicycle paths, etc.

h)

Changes of building materials to another of higher quality, as determined by the city planner.

i)

Changes in floor plans which do not alter the character of the use.

j)

Slight modification of sign placement or reduction of size.

k)

Relocation of sidewalks and/or refuse storage stations.

l)

Internal rearrangement of parking lot which does not change the number of parking spaces by more than five percent or alter access locations or design.

m)

Changes required or requested by the city for safety reasons.

b.

Should the city planner determine that the requested modification to the approved site plan is not minor, the planning commission shall be notified in writing that the site plan has been suspended, and, if construction has initiated, a stop work order shall be issued for the section of the project deemed not to be in compliance. Thereafter, the applicant may revise the site plan and submit to the city planner for resubmission to the planning commission. All modifications must be highlighted in such a manner that the modifications to the approved plan are easily identified.

c.

Any deviation from the approved site plan, except as authorized in this division, section 511, deviations from approved site plan, shall be considered a violation of this division.

a.

It shall be the responsibility of the owner of the property for which site plan approval has been granted to maintain the property in accordance with the approved site design on a continuing basis until the property is razed, or until new zoning regulations supersede the regulations upon which site plan approval was based, or until a new site design is approved. This maintenance requirement includes healthy landscaping, walls, fences, pavement, pavement markings, signs, building exterior, drainage facilities, and all other elements of a site.

b.

Any property owner who fails to so maintain an approved site plan per general code, article VI, property maintenance code, shall be deemed in violation of the provisions of this division and shall be subject to the same penalties appropriate for a violation.

c.

With respect to condominium projects, the master deed shall contain provisions describing the responsibilities of the condominium association, condominium owners, and public entities, with regard to maintenance of the property in accordance with the approved site plan on a continuing basis. The master deed shall further establish the means of permanent financing for required maintenance and improvement activities which are the responsibility of the condominium association.

a.

All projects within the city which go through site plan and/or construction plan review shall be required to submit record drawings. The drawings will need to be reviewed and approved by the city engineer prior to final acceptance of the project by the city.

b.

The initial submittals shall be of one set of black line prints providing the applicable information shown on the checklist below. The minimum scale shall be one inch equals 50 feet and shall bear the seal of a registered professional engineer or surveyor licensed to practice within the state. All record lengths and elevations must be labeled as record.

c.

After the record drawings have been approved by the city engineer, the applicant shall submit one PDF electronic copy of the approved drawings. A USB shall also be provided which contains a .pdf version of each sheet of the plan set with the following attributes:

1.

Locations shall be shown on the plans in state plane coordinates using the NAD83 Michigan South zone.

2.

Individual pipe sizes and structure types should be on separate layers.

3.

The scale shall be one to one.

4.

Annotation should be snapped to the mid-point of lines. Lines should be snapped to the center of structures.

d.

GIS shape files must also be submitted along with the electronic copies.

1.

The shape file must be compatible with the software the city engineering division is currently using.

2.

The files must include the size, depth, and material of the pipe.

3.

All types of utilities must be clearly defined and separated with layers.

e.

As-built requirements checklist. Additional specific information per site may be required at the discretion of the engineer.

a.

The planned unit development (PUD) standards are a supplementary list of "overlay" zoning standards which apply to properties simultaneously with one of the other zoning districts established in this division, hereinafter referred to as the "underlying" zoning district. For properties approved for PUD designation, these PUD standards replace the schedule of regulations listed for the underlying zoning district.

b.

The PUD standards are provided as a design option, intended to permit flexibility in the regulation of land development; to encourage innovation in land use, form of ownership (such as condominiums), and variety in design, layout, and type of structures constructed; to achieve economy and efficiency in the use of land; to preserve significant natural, historical, and architectural features and open space; to promote efficient provision of public services and utilities; to minimize adverse traffic impacts; to provide better housing, employment, and shopping opportunities particularly suited to residents of the city; to encourage development of convenient recreational facilities; and to encourage the use and improvement of existing sites when the uniform regulations contained in other zoning districts alone do not provide adequate protection and safeguards for the site or its surrounding areas.

c.

The standards are intended to accommodate development on sites with significant natural, historical, and architectural features, as noted in the city master plan, on land which exhibits difficult development constraints, and/or to provide the opportunity to mix compatible uses or residential types, and/or to allow clustering of residential units to preserve common open space and natural features. The PUD standards shall not be sought primarily to avoid the imposition of standards and requirements of other zoning classifications rather than to achieve the stated purposes herein set forth.

d.

In order to encourage PUD developments on specific properties, these standards relax or waive one or more of the dimensional requirements of the underlying district. The PUD also allows the developer the opportunity to mix compatible uses or residential types on a single property, allows clustering to reduce construction costs, and may enhance marketability through the preservation of significant natural, historical, and architectural features.

Principal uses permitted under the PUD standards are based on the underlying zoning district, as indicated below:

a.

Residential. All principal uses of the underlying district shall be permitted. In addition to those uses, low density multiple-family dwellings or a mixture of single and multiple-family dwellings on a planned basis, through the use of attached dwellings, townhouses, apartment buildings, zero lot line configurations, and/or other similar building configurations; or any combination of these residential uses may be permitted within the PUD.

b.

Commercial/mixed use. All business, service, professional office, retail, and other commercial uses, or any combination of these uses, listed as principal uses permitted in the underlying zoning district shall be allowed. In addition, other business, service, and residential uses may be permitted, if determined by the planning commission to be similar to other uses in the surrounding area.

c.

Office and industrial. All business, service, professional offices, light manufacturing, and other commercial uses, or any combination of these uses, listed as principal permitted uses in the underlying zoning district shall be permitted. In addition, other business, service, office, and light manufacturing uses may be permitted, if determined by the planning commission to be compatible with other proposed PUD uses and surrounding uses.

All uses listed as special land uses in the underlying district are considered as special land uses or conditional land uses within the planned unit development designation.

In order to qualify for PUD approval, the applicant must demonstrate in writing that each of the following criteria will be met by the proposed PUD:

a.

Demonstrated benefit. The PUD shall provide one or more of the following benefits not possible under the requirements of another zoning district, as determined by the planning commission:

1.

Preservation of significant natural or historic features.

2.

A complementary mixture of uses or a variety of housing types.

3.

Common open space for passive or active recreational use.

4.

Mitigation to offset community impacts.

5.

Redevelopment of a nonconforming site where creative design can address unique site constraints.

6.

Implementation of a significant component of the city master plan.

b.

Availability and capacity of public services. The proposed type and density of use shall not result in an unreasonable increase in the use of public services, public facilities, and utility capacities.

c.

Compatibility with the master plan. The proposed PUD shall be compatible with the overall goals and recommendations as proposed in the city master plan.

d.

Compatibility with the PUD purpose. The proposed PUD shall be consistent with the purpose of section 520 and spirit of this division.

e.

Development impact. The proposed PUD shall not impede the continued use or development of surrounding properties for uses that are permitted in this division.

f.

Unified control of property. The proposed PUD shall be under single ownership or control such that there is a single entity having responsibility for completing the project in conformity with the PUD regulations. This provision shall not prohibit a transfer of ownership or control, provided that notice of such transfer is provided to the city.

(Ord. No. O-25-739 meeting, § 12, 5-19-25)

a.

The application process for a PUD involves a three-step process including: an optional pre-application workshop; review of a preliminary (conceptual) site plan by both the planning commission and city council; and review of a final PUD site plan by the planning commission. The procedures are described below, and the development approval process is illustrated.

b.

An optional pre-application meeting with the planning commission and/or city staff may be requested by the applicant to discuss the appropriateness of the PUD concept, solicit feedback, and receive requests for additional materials supporting the proposal. An applicant desiring such a meeting shall request placement on the planning commission agenda.

c.

The applicant shall prepare and submit 15 copies to the municipal services department of a preliminary PUD site plan for a PUD, meeting the requirements of section 525, preliminary PUD site plan submittal requirements, at least 30 days prior to the meeting at which the planning commission shall first review the request; 21 days for an applicant who has had a pre-application workshop on the proposal within 60 days of the preliminary PUD site plan submittal. The municipal services director shall promptly transmit this plan to the members of the planning commission.

d.

The planning commission shall review the preliminary PUD site plan and shall conduct a public hearing in accordance with the Michigan Zoning Enabling Act, Section 125.3503(5). During this review, the planning commission may request additional materials supporting the PUD proposal, or recommend modifications or conditions based on the standards of section 526, standards for approval of preliminary PUD site plan. The planning commission shall then, within 60 days of the submittal, make a recommendation on the preliminary PUD site plan to the city council. The applicant shall incorporate these modifications or conditions recommended by planning commission prior to the review by the city council.

e.

Following receipt of the planning commission recommendations, the city council shall take final action on said plan and petition within 90 days of the date it receives a report from the planning commission, or such reasonable extension of time as may be necessary for adequate review. A PUD rezoning is discretionary on the part of the city and the city council is not obligated to approve a PUD rezoning request unless, in its opinion, the proposal meets the purpose and requirements of this ordinance.

f.

If any conditions are imposed upon the approval of the preliminary PUD site plan by the city council, a list of those conditions shall be made part of the approval and shall be reflected in the final PUD site plan.

g.

Approval of the preliminary PUD site plan by the city council shall confer upon the owner the right to proceed through the subsequent PUD plan review phases for a period not to exceed three years from date of approval. This period may be extended by the city council for one additional three-year period.

h.

The applicant shall submit copies of detailed final site plans to the city planner, as described in section 527, final PUD site plan submittal requirements, for all, or any phase of, the approved preliminary PUD site plan at least 30 days prior to the planning commission meeting at which the planning commission shall first review the request.

i.

Upon submission of all required materials and fees, the planning commission shall review such and shall approve, deny, or approve with conditions, in accordance with the standards and regulations of this zoning ordinance, the final PUD site plan.

j.

If the final PUD site plan was approved with conditions, the applicant shall submit a revised site plan to the city planner in accordance with article V, division 1, section 504 for administrative approval for approval prior to the issuance of any building permits.

k.

If the approved preliminary PUD site plan indicated that the proposed development was to occur in phases, final site plan approval may be granted on each phase of the development, provided that each phase contains all the necessary components to insure protection of significant natural, historical, and architectural features, and the health, safety, and welfare of the users of the PUD and the residents of the surrounding area. Subsequent phases shall also follow the process for final PUD site plan outlined in this division.

l.

In the commercial district, the city council may, upon recommendation of the planning commission, approve an overall PUD plan for multiple sites and then require each subsequent developer to follow the process for final PUD site plan outlined in this division. Depending upon the size and complexity of the project, the city council may then require each developer to enter into a separate PUD agreement for each individual site or series of projects.

(Ord. No. O-25-739 meeting, § 12, 5-19-25)

a.

Required information. The preliminary PUD site plan shall set forth the proposed uses to be developed in the PUD. The following specific information shall be provided on a site plan:

1.

Proof of ownership. Current proof of ownership of the land to be utilized or evidence of a contractual ability to acquire such land, such as an option or purchase agreement.

2.

Written documentation. Written documentation that the proposal meets the standards of section 526.

3.

Application form and fees. A completed application form, supplied by the city planner, and an application/review fee; a separate escrow deposit may be required for administrative charges to review the PUD submittal.

4.

Sheet size. Sheet size of submitted drawings shall be at least 24 inches by 36 inches, with graphics at an engineer's scale of one inch equals 20 feet for sites of 20 acres or less; and one inch equals 100 feet or less (i.e. one inch equals 20 to 100 feet) for sites over 20 acres.

5.

Cover sheet. Cover sheet providing:

a)

Applicant's name.

b)

Name of the development.

c)

Preparer's name and professional seal of architect, engineer, surveyor, or landscape architect indicating license in the state.

d)

Date of preparation and any revisions.

e)

North arrow.

f)

Property lines and dimensions.

g)

Complete and current legal description and size of property in acres.

h)

Small location sketch of the subject site and area within one-half mile, and scale.

i)

Zoning and current land use of applicant's property and all abutting properties and of properties across any public or private street from the PUD site.

j)

Lot lines and all structures on the property and within 100 feet of the PUD property lines.

k)

Location of any vehicle access points on both sides of the street within 100 feet of the PUD site along streets where vehicle access to the PUD is proposed.

b.

PUD site plan. A site plan sheet indicating:

1.

Existing locations of all natural, historical, and architectural features, existing drainage patterns, surface water bodies, floodplain areas, EGLE designated or regulated wetlands with supporting documentation, wetland areas two or more acres in size, and a tree survey indicating the location and diameter (in inches, measured four feet above grade) of "landmark" trees.

2.

Existing and proposed topography at five foot contour intervals, and a general description of grades within 100 feet of the site.

3.

Dimensions of existing and proposed right-of-way lines, names of abutting public streets, proposed access driveways and parking areas, and existing and proposed pedestrian and/or bicycle paths.

4.

Existing buildings, utility services (with sizes), and any public or private easements, noting those which will remain, and which are to be removed.

5.

Layout and typical dimensions of proposed lots, footprints, and dimensions of proposed buildings and structures; uses with the acreage allotted to each use. For developments with residential components: the number, type, and density of proposed housing units.

6.

General location and type of landscaping proposed (evergreen, deciduous, berm, etc.) noting existing trees and landscaping to be retained.

7.

Size, type, and location of proposed identification signs.

8.

All site plan requirements as defined in section 506, site plan submittal requirements.

c.

Site analysis. A separate plan sheet indicating locations of significant natural, historical, and architectural features, including landmark trees, that will be designated as "areas not to be disturbed" and secured through installation of a snow fence, other fencing, or police line during development of the PUD, including acreage of designated areas.

d.

PUD development agreement. A draft written PUD development agreement specifying all the terms and understandings of the PUD development as prescribed in section 527, final PUD site plan submittal requirements, may be required when deemed necessary by the planning commission.

e.

Multi-phased PUD. If a multi-phase PUD is proposed, identification of the areas included in each phase; for residential uses identify the number, type, and density of proposed housing units within each phase.

f.

Additional information. Any additional graphics or written materials requested by the planning commission or city council to assist the city in determining the appropriateness of the PUD such as, but not limited to: aerial photography; market studies; impact on public primary and secondary schools and utilities; traffic impact using trip generation rates recognized by the Institute of Transportation Engineers (ITE) for an average day and peak hour of the affected roadways; impact on significant natural, historical, and architectural features and drainage; impact on the general area and adjacent property; description of how property could be developed under the regulations of the underlying district; preliminary architectural sketches; and estimated construction cost.

(Ord. No. O-25-739 meeting, § 12, 5-19-25)

a.

Based upon the following standards, the planning commission may recommend denial, approval, or approval with conditions, and the city council may deny, approve, or approve with conditions the proposed PUD.

b.

The uses proposed shall be consistent with the city's adopted master plan. Such uses must have a beneficial effect, in terms of public health, safety, welfare, or convenience, on present and future potential surrounding land uses. The uses proposed must not adversely affect the public utility and circulation system, surrounding properties, or the environment. The public benefit shall be one which could not be achieved under the regulations of the underlying district alone or that of any other zoning district.

c.

Any amendments to the dimensional standards of this division, such as lot sizes, setbacks, height limits, required facilities, buffers, open space, permitted sign area, and other similar dimensional standards shall be reviewed and approved by the planning commission.

d.

Any increase in the density requirements of the underlying zoning district must be approved by the city council upon recommendation of the planning commission and be included under preliminary review of the site plan.

e.

The number and dimensions of off-street parking shall be sufficient to meet the minimum required by article IV, division 1, off-street parking and loading standards. However, the planning commission or city planner may reduce the required number of parking spaces in accordance with article IV, division 1, section 401, general requirements.

f.

All streets and parking areas within the PUD shall meet the minimum construction and other requirements of city ordinances, unless modified by city council.

g.

Safe, convenient, uncongested, and well defined vehicular and pedestrian circulation within and to the site shall be provided. Drives, streets, and other elements shall be designed to discourage through traffic, while promoting safe and efficient traffic operations within the site and at its access points.

h.

Sidewalks shall be provided in accordance with article III, division 1, section 326, sidewalks, bike paths, and other pedestrian pathways.

i.

Landscaping shall be preserved and/or provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property. Plantings and other landscape features shall meet or exceed the standards of article IV, division 3, landscape standards and tree replacement. The planning commission may reduce or waive the landscaping and screening requirements and approve an alternative landscaping plan as permitted in section 446g, modification of screening and landscape requirements.

j.

Judicious effort shall be used to preserve significant natural, historical, and architectural features and the integrity of the land, including EGLE regulated and nonregulated wetlands.

k.

Surface water shall be retained on the site wherever possible.

l.

The site shall have adequate soil erosion barrier to ensure that there will be no erosion of soil or other material. The final determination as to adequacy of, or need for, soil erosion barriers shall be made by the city engineer.

m.

Public water and sewer facilities shall be available or shall be provided by the developer as part of the site development.

n.

Building design shall be of a high quality, meeting or exceeding the standards of article III, division 2, architectural building standards.

(Ord. No. O-25-739 meeting, § 12, 5-19-25)

a.

The final PUD site plan shall include all the following information, unless the city planner determines that some of the required information is not reasonably necessary for the consideration of the PUD:

1.

All information required for site plan submittal in accordance with article V, division 1, section 506, site plan submittal requirements.

2.

Any additional graphics or written materials requested by the planning commission to assist in determining the impacts of the proposed site plan, including, but not limited to, economic or market studies; impact on public utilities; traffic impacts; impact on significant natural, historical, and architectural features and drainage; impact on the general area and adjacent property; and estimated construction cost.

3.

A proposed written development agreement specifying all the terms and understanding of the PUD development including:

4.

A survey of the acreage comprising the proposed PUD.

5.

All conditions upon which the PUD approval is based, with reference to the approved preliminary PUD plan and a description of all deviations from city regulations which have been requested and approved.

6.

The manner of ownership of the developed land.

7.

The manner of the ownership and of dedication or mechanism to protect any areas designated as common areas or open space.

8.

Provisions assuring that those open space areas shown on the plan for use by the public or residents of the development will be or have been irrevocably committed for that purpose; the city may require conveyances or other documents to be placed in escrow to accomplish this.

9.

Satisfactory provisions have been made to provide for the future financing of any improvements shown on the plan for site improvements, open space areas, and common areas which are to be included within the development and that maintenance of such improvements is assured by a means satisfactory to the city council.

10.

The cost of installing and maintaining all streets and the necessary utilities has been assured by a means satisfactory to the city council.

11.

Provisions to ensure adequate protection of natural features and assurance for replacement of any trees and woodlands.

12.

Any other concerns raised by the planning commission or city council regarding the construction and maintenance of the PUD.

13.

The preliminary PUD plan shall be incorporated by reference and attached as an exhibit.

14.

A written draft of PUD design guidelines specific to the PUD. Such document shall include provisions for site layout, access, vehicular and pedestrian circulation, parking, screening, building design and architecture, landscaping, open space, lighting, and signage. The design guidelines shall also include any variations to the dimensional standards of this division, such as density, lot sizes, setbacks, height limits, required facilities, buffers, open space, permitted sign area, and other similar dimensional standards.

The planning commission shall use the standards for approval of article V, division 1, section 507, standards for site plan review approval, and any design requirements developed specifically for the PUD by the city council, in reviewing the final PUD site plan.

The planning commission may attach conditions to the final PUD site plan approval.

a.

Project commencement. Construction on the approved final site plan, or for a phase thereof, shall be commenced and proceed in a reasonably diligent manner, within 18 months of approval. If the PUD has not commenced and proceeded beyond site grading to include, at a minimum, installation of footings or foundations and underground utilities at the end of that 18 month period, then the site plan shall be invalid and void.

b.

Project completion. The approved site plan shall remain valid for a three-year period following the date of final site plan approval, provided that the requirements of paragraph a. above are met.

c.

Extensions. The three-year period for project completion may be extended for one year, if applied for by the petitioner and granted by the planning commission in writing following public notice and a public hearing. Failure on the part of the owner to secure the written extension shall result in a stoppage of all construction.

a.

Deviations and amendments from the approved final PUD site plan shall be reviewed and approved in accordance with article V, division 1, section 511, deviations from approved site plan.

b.

Should the planning commission determine that the modifications to the final PUD site plan significantly alter the intent of the preliminary PUD site plan, a new submittal illustrating the modification shall be required and must be approved by the city council as a new preliminary PUD plan.

c.

Any amendment to the PUD design guideline requirements established specifically for the PUD by the city council shall be adopted by resolution of the city council, upon recommendation of the planning commission, and will not require amendment of this division of the zoning ordinance. Amendments to this document must be reviewed and approved in accordance with paragraph a. above.

d.

Any deviation from the approved PUD site plan, except as authorized in section 531, deviations from approved final PUD site plan, shall be considered a violation of this division and treated as a misdemeanor. Further, any such deviation shall invalidate the PUD designation.

(Ord. No. O-25-739 meeting, § 12, 5-19-25)

Amendments, appeals, and variances related to a PUD cannot be taken to the zoning board of appeals in a PUD. Amendments can only be granted by the planning commission when it is determined that the requested amendments are in keeping with the overall purpose of PUD, as identified in section 520, intent and improve the quality of the development.

All properties zoned as PUD under the zoning district classifications in place prior to the adoption of this ordinance shall be treated as follows:

a.

Approved residential PUDs shall be rezoned to the appropriate residential district in conformance with their approved density. These and future such locations will be noted on the map as being approved PUD overlay zone districts. Any changes to the preliminary PUD plan and/or final site plans or revisions shall be regulated by this ordinance.

b.

Approved preliminary PUD site plans for mixed use PUDs shall be considered zoned as a mixed-use PUD in the O, office district. The approved uses within such PUDs shall be in accordance with the approved locations of commercial, office, and residential uses as designated on the preliminary PUD site plan.

c.

Any changes to the uses and/or their locations as approved on a mixed-use preliminary PUD plan shall meet section 528, standards for approval of final site plan. The applicant shall present graphics to illustrate the requested change, submit written materials documenting the need for the change and the adherence with the overall approved PUD concept, and submit updated copies of any traffic, environmental, or market studies which the planning commission or city staff considered necessary to review the impacts of the proposed change.

d.

All final site plans or revisions to final site plans for PUDs approved prior to the adoption of this ordinance shall be regulated and reviewed in accordance with this division.

(Ord. No. O-25-739 meeting, § 12, 5-19-25)

The intent of this article is to provide standards for conditional land uses, which are uses with specific conditions that if met, make the use permitted by right. These conditions are intended to minimize potential negative impacts to other surrounding land uses that could arise due to operations of the particular use. This article provides standards for the city planner or planning commission, depending upon the site plan review requirements, to review and determine if the conditions have been met.

(Ord. No. O-22-719, § 9, 3-7-22)

a.

Prior to approving a conditional land use, the city planner shall require that the proposed use meets all requirements and standards. If all requirements and standards are met, a conditional use permit is granted.

b.

Properties for which application for conditional land use approval is made shall also be concurrent with, and subject to, site plan review in accordance with the requirements of article V, division 1, site plan review. Failure to obtain site plan approval will constitute denial of the approved conditional land use.

(Ord. No. O-22-719, § 9, 3-7-22)

a.

The requirements to permit the conditional use shall remain unchanged.

b.

The department of municipal services division of building inspector and/or zoning official shall make periodic investigations of the conditional land use to ensure continued compliance with all requirements and standards imposed by this article. Noncompliance with the requirements for the conditional land use shall constitute grounds for the department of municipal services division of building inspector and/or zoning official to terminate the approval.

(Ord. No. O-22-719, § 9, 3-7-22; Ord. No. O-22-727, § 1, 12-5-22)

a.

In cases where actual physical construction of a substantial nature of the structures authorized by a conditional land use and site plan approval has not commenced within 18 months, and a written application for extension of the approval has not been filed as provided below, the approval shall automatically become null and void and all rights thereunder shall terminate.

b.

Upon written application filed prior to the termination of the 18-month period, the city planner may authorize a single extension of the time limit for a further period of not more than 12 months. Such extension shall only be granted based on evidence from the applicant that the development has a reasonable likelihood of commencing construction within the 12-month extension.

c.

The granting of a conditional land use shall allow that particular use to be conforming in the zoning district, as long as the standards of this division are maintained.

(Ord. No. O-22-719, § 9, 3-7-22)

Conditional land uses, because of their unique character and potential impacts on adjacent properties and the city, require additional specific requirements. Such uses are listed below with specific standards and regulations that must be met.

a.

Automobile repair establishments (major repair). Vehicle repair garages including body repair, body painting, engine rebuilding, rust-proofing, and similar activities, may be permitted in certain districts specified in this ordinance, subject to the following:

1.

No vehicles awaiting service shall remain on-site for more than 72 hours.

2.

All repair services shall be conducted within a completely enclosed building.

3.

All trash storage areas shall be screened from view by a six-foot high enclosure approved by the planning commission or city planner. The trash containers shall be emptied at least once each week. All discarded vehicle parts shall be kept inside the enclosure and shall not be permitted to accumulate for periods longer than one week unless stored within the building.

4.

A six-foot high masonry face brick wall or poured concrete wall with brick pattern on both sides, shall be located on all property lines which abut any residential district. In addition, a five-foot wide greenbelt shall be installed adjacent to the required wall. This greenbelt shall be planted in accordance with the following:

a)

One three-inch caliper deciduous tree per 30 feet of wall length.

b)

Four 24-inch to 30-inch high or wide evergreen or deciduous shrubs per 30 feet of wall length.

c)

Groundcover shall be either grass, woodchips, or decorative stone. Weedmat shall be installed under stone or woodchips.

5.

Management plans shall be submitted for the collection, storage, and recycling or proper disposal of all new, used or waste automotive fluids resulting from repair or service operations.

b.

Automobile service centers (minor repair). Automobile service centers such as muffler and brake shops, new tire sales, tune-up shops, quick oil change shops, and similar establishments for minor repairs, routine maintenance and auto accessories, may be permitted in certain districts specified in this ordinance subject to the following:

1.

The use shall be completely enclosed within a building.

2.

No vehicles awaiting repair shall remain on-site for more than 36 hours.

3.

A six-foot high masonry wall of face brick or poured concrete with brick pattern on both sides, shall be located on all property lines which abut any residential district. In addition, a five-foot wide greenbelt shall be installed adjacent to the required wall. This greenbelt shall be planted in accordance with the following:

a)

One three-inch caliper deciduous tree per 30 feet of wall length.

b)

Four 24-inch to 30-inch high or wide evergreen or deciduous shrubs per 30 feet of wall length.

c)

Groundcover shall be either grass, woodchips, or decorative stone. Weedmat shall be installed under stone or woodchips.

4.

Enclosure approved by the planning commission or city planner. Old parts such as tires, mufflers, pipes, and the like, shall be kept inside the enclosure and shall not be permitted to accumulate for periods longer than one week unless stored within the building.

5.

Management plans shall be submitted for the collection, storage, and recycling or proper disposal of all new, used or waste automotive fluids resulting from repair or service operations.

c.

Automobile washes, automatic or self-service.

1.

Only one ingress/egress driveway shall be permitted on any single street.

2.

Where adjoining residentially zoned or used property, a decorative masonry wall six feet in height shall be erected along any common lot line. Such wall shall be continuously maintained in good condition. The city planner or planning commission may approve a fence, landscaped berm, or landscaping as an alternative. In addition, a five-foot wide greenbelt shall be installed adjacent to the required wall. This greenbelt shall be planted in accordance with the following:

a)

One three-inch caliper deciduous tree per 30 feet of wall length.

b)

Four 24-inch to 30-inch high or wide evergreen or deciduous shrubs per 30 feet of wall length.

c)

Groundcover shall be either grass, woodchips, or decorative stone. Weedmat shall be installed under stone or woodchips.

d)

A three-foot high landscaped berm within a greenbelt of at least 20 feet in width may be substituted for the required masonry wall.

3.

All washing facilities shall be within a completely enclosed building. Self-service facilities may be within a partially enclosed building.

4.

Vacuuming and drying may be located outside the building but shall not be in the required front yard and shall be set back at least 50 feet from any residential district. Such areas shall be screened with obscuring landscaping as determined by the city planner or planning commission.

5.

Adequate stacking space shall be provided in accordance with the requirements of article 4, division 1, off-street parking and loading standards. Stacking spaces shall not be permitted in the public right-of-way.

6.

All lighting shall be noted on the site plan and shall be shielded downward and away from adjacent properties and rights-of-way.

7.

Self-contained, covered waste receptacles shall be provided at each proposed vacuum station to provide convenient disposal of customer refuse.

d.

Automobile or vehicle dealerships. Automobile or vehicle dealers shall be subject to the following regulations except as otherwise specified in this ordinance:

a)

General provisions. In B-2, general business districts, and LI, light industrial districts, the following minimum standards apply:

1)

All vehicle dealers shall have a solely dedicated permanent structure containing not less than 500 square feet of interior floor space to be used as business or sales office, in which customers may enter and transact business, and in which heating, plumbing, and restrooms are provided. Such building shall also include a bay in which vehicles can be brought in for minor servicing, cleaning, and preparation for sales.

2)

All cleaning and refurbishing of vehicles must be performed within an enclosed permanent building. No repair or refinishing shall be done outside on the lot.

3)

Outdoor loudspeakers or public address systems shall not be permitted.

4)

The required vehicle display area shall conform to the following requirements:

i.

Access to each individual vehicle shall be provided. Vehicles shall not be positioned in a stacked or packed formation.

ii.

There shall be no storage or display of vehicles in the public right-of-way.

5)

Vehicles for sale shall be prohibited from parking within any maneuvering lane or driveway.

6)

Outdoor storage of inoperable or part-stripped vehicles shall be prohibited from the site.

7)

The setback areas along street frontages shall not be used for the parking or for the storage/display of vehicles. Separate off-street parking shall be provided in compliance with the regulations contained in article 4, division 1, off-street parking and loading and the following provision:

i.

The minimum number of parking spaces to be provided shall be calculated based on the formula of five spaces plus one space per each 15 used car storage/display spaces.

8)

Grounds shall meet, or be improved to comply with, the following site design requirements:

i.

The site shall be hard-surfaced, graded and drained in accordance with the regulations of article 4, division 1, off-street parking and loading. Concrete curbing shall be provided along the perimeter of the parking area.

ii.

Maneuvering lanes for the storage/display area shall be a minimum of 20 feet in width.

iii.

The setback areas along street frontages shall be a landscaped greenbelt measuring minimum of ten feet in width. Landscape plans must be included in application for review. See landscape provisions in article 4, division 3, landscaping.

iv.

Overhead service doors shall not face or open toward residentially zoned property.

9)

A six-foot-high masonry wall of face brick, six-foot-high simulated brick pattern poured concrete wall. The plan shall detail the location, height and type of wall proposed, shall be located on all property lines which abut any residential district.

10)

Where the storage yard abuts residentially zoned property there shall be a ten-foot-wide landscaped greenbelt, between the property line and the wall. Said greenbelt shall be planted in accordance with article 4, division 3, landscaping, section 445.

11)

All lighting on the site shall be shielded. All glare shall be eliminated from all light fixtures and not encroach upon abutting properties. Lighting shall otherwise not direct illumination upon abutting properties, or emit illumination upon abutting properties in a manner that or of such magnitude that encroaches upon their peace. The light poles shall be no higher than 20 feet. Upward-directed lighting, searchlights, moving beams, and spotlights shall not be permitted.

12)

A vehicle dealer licensed business shall be issued only for use on the premises named in the license application and such location shall not be changed without the approval of the zoning official. The zoning official shall not approve such a transfer unless the new location conforms with all applicable ordinances.

b)

LI, light industrial districts. Classes B and W vehicle dealer licenses permitted only in combination with a towing, body shop (collision-related mechanical repair and unitized body structural repair only) or custom utility vehicle manufacturer subject to the following:

1)

The minimum lot area for a class B vehicle dealer shall be a solely dedicated 5,000 square feet and for class W licenses a solely dedicated 2,500 square feet.

2)

There shall be provided a minimum of ten storage/display spaces for class B licenses and five storage/display spaces for class W licenses.

c)

B-2, general business districts. Classes A and B vehicle dealer licenses permitted for automobile dealerships, showrooms and used car lots subject to the following:

1)

The minimum lot area for a class A or B vehicle dealer shall be a solely dedicated 10,000 square feet.

2)

There shall be provided a minimum of ten storage/display spaces.

e.

Commercial indoor recreation. Commercial indoor recreation uses, such as a bowling alley, roller rink, or similar use, may be permitted in certain districts, as specified in this ordinance, subject to the following:

1.

All off-street parking shall be screened from abutting residential property by a six-foot high masonry wall of face brick or poured concrete with brick pattern on both sides. In addition, a five-foot wide greenbelt shall be installed adjacent to the required wall. This greenbelt shall be planted in accordance with the following:

a)

One three-inch caliper deciduous tree per 30 feet of wall length.

b)

Four 24-inch to 30-inch high or wide evergreen or deciduous shrubs per 30 feet of wall length.

c)

Groundcover shall be either grass, woodchips, or decorative stone. Weedmat shall be installed under stone or woodchips.

d)

A three-foot high landscaped berm within a greenbelt of at least 20 feet in width may be substituted for the required masonry wall.

2.

The site shall have direct access to a major or secondary thoroughfare as designated in the city's adopted master plan.

3.

The planning commission may regulate the hours of operation, as necessary, when the project is abutting less-intensive or residential uses, as a part of the conditional land use permit.

f.

Commercial outdoor recreation. Commercial outdoor recreation such as, golf driving ranges, miniature golf, batting practice cages, water slide parks, tourist-oriented outdoor amusements, and similar uses, may be permitted in certain districts as specified in the ordinance, subject to the following:

1.

Minimum lot size of one acre.

2.

No activities shall take place within 100 feet of an abutting residential district.

3.

Use of loudspeaker or public address systems for broadcasting music or continuous announcements shall be prohibited.

4.

An outdoor lighting plan shall specify the type of fixtures to be used, light intensity, and method of shielding the fixtures so that light does not project onto adjoining properties or interfere with driver visibility on any public or private street or public right-of-way.

5.

Hours of operation may be restricted by the planning commission in order to reduce the impact of the proposed use on abutting residential areas.

6.

All protective fencing/netting locations shall be detailed on the site plan. The planning commission may regulate type, size and location, of said fencing/netting for aesthetic, visibility and safety purposes.

g.

Community center/places of worship.

1.

In residential zoning districts, community centers or cultural facilities, churches, synagogues and other places of worship shall conform to the following requirements and restrictions.

a)

They shall be located on a principal arterial, major arterial, minor arterial, or major collector street.

b)

Parking shall not be provided in the front building setback area.

c)

All parking areas shall be screened from adjoining properties by a minimum four-foot, six-inch high masonry wall or similar material suitable to the planning commission. The planning commission may permit the substitution of a landscaped greenbelt or earth berm after submission and review of a landscape plan.

d)

The principal building shall comply with all setback requirements of the district in which it is located provided, however, that in no case shall the principal building be located closer than 50 feet from an abutting residential district or residential use.

e)

The site plan shall include a floor plan of the proposed structure(s) for use in determining required parking etc., based on proposed uses within the structure.

f)

The site plan shall detail any proposed outdoor use areas (playgrounds, shrines, etc.), including means of pedestrian and vehicular access, if applicable.

h.

Contractor storage yard.

1.

All such storage shall be located within a rear yard and screened in accordance with subsection 557j outdoor storage.

2.

No material shall be stored above the height of the screening.

3.

All storage areas shall conform to all district setback requirements for principal uses. Where the storage yard abuts residentially zoned property, there shall be a ten-foot-wide landscaped greenbelt between the property line and the wall. Said greenbelt shall be planted in accordance with article 4, division 3, landscaping, section 445.

4.

Property access to all parts of the storage areas shall be provided for fire and emergency services.

5.

All loosely packed materials such as sand, topsoil, dirt, fertilizer, etc., shall be covered and contained to prevent them from being blown or washed off of the site.

6.

No materials which give off noxious odors shall be stored outdoors.

7.

Outdoor storage and display areas shall comply with the requirements of subsection 557j, outdoor storage.

i.

Drive-through window facilities for banks, restaurants or other permitted uses. See section 557d.

j.

Event facilities.

1.

Such facilities shall be located on a principal arterial, major arterial, minor arterial, or major collector street.

2.

Event facilities shall not exceed 3,000 square feet of floor area.

3.

Activities shall be limited to community or private parties, gatherings or charity events; weddings, wedding receptions; showers; business functions. Other similar events may also be included, at the discretion of the city.

4.

Adequate, permanent restroom facilities shall be provided, which shall meet the minimum requirements of the county health department and building code requirements.

5.

Special event hours of operation shall be limited to between 9:00 a.m. and 11:00 p.m.

6.

Adequate off-street parking facilities shall be provided on-site.

k.

Garden centers/greenhouse/nursery.

1.

The outdoor storage or material display areas shall not be permitted in any front yard as determined by the planning commission. Such areas shall meet all other yard setback requirements applicable to any building in the district.

2.

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

3.

The storage of any soil, sand, mulch, or similar loosely packaged materials shall be sufficiently contained to prevent any adverse effect upon adjacent properties. The outdoor storage of fertilizers, pesticides, and other hazardous materials shall be prohibited.

4.

Decorative fences, knee walls, and other architectural features may be required by the planning commission for outdoor sales, display, and storage areas to assure compatibility with the existing or intended character of the general vicinity.

5.

All materials stored outdoors shall not be piled or stacked higher than the height of any garden center wall.

l.

Health/fitness/exercise center.

1.

Within the light industrial (L1) and industrial flex (IF) districts, the minimum square footage of the facility shall be 4,000 square feet.

m.

Hookah/vapor bar or lounge (smoking lounge).

1.

Shall be subject to the following restrictions:

a)

Smoking of hookah in any establishment that serves alcohol or food shall be prohibited.

b)

Hours of operation shall not extend past 11:00 p.m.

c)

Hookah bars and lounges shall not serve patrons under the age of 21.

2.

Required spacing.

a)

The proposed smoking lounge is not located within 500 feet of a school, park, or place of worship.

b)

The proposed smoking lounge is not located within 1,000 feet of any other smoking lounge.

c)

Measurement of distances between regulated uses and any other regulated or protected use shall be from the outermost boundaries of the parcel or lot of each use. In the case of a regulated use within a shopping center with a minimum of at least 5,000 square feet of tenant space, the distance from the outermost boundaries of the tenant space proposed to contain the regulated use, shall be used as one measurement point.

n.

Indoor specialty cars facility.

1.

No outdoor storage or display of cars permitted.

2.

No auctions permitted.

o.

Kennels, commercial. Commercial kennels and may be permitted in certain districts specified in this ordinance, subject to the following:

1.

The site shall abut a public road shown as a major or secondary thoroughfare on the city's adopted master plan.

2.

All pens and runs shall be completely enclosed within a building.

3.

All breeding areas shall be completely enclosed.

4.

All animals shall be adequately housed, fenced and maintained so as not to be or become a public or private nuisance. The premises shall be maintained in such a manner so as not to be harmful to surrounding properties, or create any hazard or detriment to public health, safety or general welfare.

5.

Kennels housing more than ten dogs shall provide one off-street parking space for each five kennel runs. Other uses shall provide parking to accommodate the maximum number of patrons using the facility at any one time in accordance with article 4, division 1, off-street parking and loading.

6.

A six-foot high masonry face brick wall or poured concrete wall with brick pattern on both sides, shall be located on all property lines which abut any residential district. In addition, a five-foot wide greenbelt shall be installed adjacent to the required wall. This greenbelt shall be planted in accordance with the following:

a)

One three-inch caliper deciduous tree per 30 feet of wall length.

b)

Four 24-inch to 30-inch high or wide evergreen or deciduous shrubs per 30 feet of wall length.

c)

Groundcover shall be either grass, woodchips, or decorative stone. Weedmat shall be installed under stone or woodchips.

7.

Any use permitted by the city under this section shall terminate immediately when the lot area requirements herein set forth are decreased in any manner or the provisions of this ordinance violated.

p.

On-premises alcoholic beverages. Any primary or accessory use that requires a license for the sale or consumption of alcoholic beverages on-premises as regulated by the state liquor control commission (LLC) shall require a conditional land use, even if the use is permitted by right in any given district, subject to the following:

1.

General. Establishments serving alcoholic liquor for consumption on the premises may be permitted in certain districts, subject to the following:

a)

The proposed establishment serving alcoholic liquor for consumption on the premises is not located within 500 feet of a place of worship or school building. The distance between the place of worship or school building and the contemplated location shall be measured along the center line of the street or streets of address between two fixed points on the center line determined by projecting straight lines, at right angles to the center line, from the part of the place of worship or school building nearest to the contemplated location and from the part of the contemplated location nearest to the place of worship or school building. Notwithstanding the stated distance requirements, no proposed establishment serving alcoholic liquor for consumption on the premises will be permitted to serve alcoholic liquor if the proposed establishment serving alcoholic liquor for consumption on the premises is located on a parcel of land adjacent to a parcel of land with a place of worship or school building. This provision may be waived by the planning commission if the affected school(s) or place(s) of worship, through its duly appointed or elected governing body, affirmatively waives, in writing, its right to object to the establishment and the planning commission determines that the proposed establishment serving alcoholic liquor for consumption on the premises will not adversely affect the operation of the school or place of worship.

b)

The layout of the site of the proposed establishment serving alcoholic liquor for consumption on the premises and its relationship to streets serving access to the site shall be in a manner that vehicular and pedestrian traffic to and from the proposed establishment serving alcoholic liquor for consumption on the premises, and the potential assembly of persons connected therewith, will not be hazardous, endangering, or inconvenient to the surrounding neighborhood and commercial district.

c)

The proposed establishment serving alcoholic liquor for consumption on the premises will be compatible with adjacent uses of land, considering the proximity of residential dwellings, places of worship, schools, public structures, and other places of public gatherings.

d)

The proposed establishment serving alcoholic liquor for consumption on the premises will not be contrary to the public interest or injurious to nearby properties.

e)

The proposed establishment serving alcoholic liquor for consumption on the premises will not have the possible effect of downgrading and blighting the surrounding neighborhood.

f)

The proposed establishment serving alcoholic liquor for consumption on the premises will not reasonably be expected to diminish the value of properties in the immediate area.

g)

Where the establishment is immediately adjacent to residentially used or zoned properties, serving of on-premises alcoholic beverages shall cease by 12:00 a.m. unless waived by the planning commission; upon finding that the use is compatible with the residential area in which it will be located, and will not have any appreciable negative secondary effects on the area, such as:

i.

Vehicular and pedestrian traffic, particularly during after midnight hours, might disturb area residents.

ii.

Noise, odors, or lights that emanate beyond the site's boundaries onto property in the area on which there are residential dwellings, consistent with section 320 of this article and chapter 38 of this Code.

h)

Except as otherwise provided in this article, all operations of the proposed establishment shall be conducted within a completely enclosed building, except for off-street parking or loading. Outdoor dining shall be subject to the provision of section 319 of this article.

i)

All truck well, loading dock and loading/truck service areas shall be located and designed to minimize negative impact on adjoining properties.

2.

Review criteria. The planning commission shall consider whether the applicant's proposal is reasonable when measured against the review criteria as found in section 6-58(e) of chapter 6, alcoholic liquor, of this Code, as amended thereafter.

3.

For brewpubs serving alcoholic liquor for consumption on the premises the following additional requirements shall apply:

a)

There shall at all times be maintained and provided culinary facilities to cook and prepare food, and tables and seating areas to accommodate dining on the premises by not fewer than 20 patrons at any time.

b)

Not less than 25 percent of the gross sales of the restaurant annually are derived from the sale of food and nonalcoholic beverages prepared for consumption on the premises as required by the state liquor control commission.

4.

For breweries, wineries and distilleries serving alcoholic liquor for consumption on the premises the following additional requirements shall apply:

a)

Shall be located only along major corridors in the LI light industrial district.

5.

For restaurants serving alcoholic liquor for consumption on the premises the following additional requirements shall apply:

a)

There shall at all times be maintained and provided culinary facilities to cook and prepare food, and tables and seating areas to accommodate dining on the premises by not fewer than 20 patrons at any time.

b)

Not more than 50 percent of the gross floor area open to the general public shall be used for purposes other than seating for diners, consisting of tables, chairs, booths, and necessary aisle ways. Public restroom facilities shall not be considered in this determination.

6.

For any other alcohol-related uses such as, but not limited to, theaters, markets, or recreational centers seeking to serve beverages for consumption on-the premises, the accessory/secondary use of alcoholic liquor bar area shall not exceed ten percent of the total combined square footage of all primary and other secondary uses.

q.

Outdoor retail display and sales (commercial).

1.

Unless accessory to an approved retail business, an enclosed building of at least 5,000 square feet of gross floor area for office and sales use is required.

2.

Shall be placed against the front wall of the principal building and shall not extend more than 36 inches from the building façade; provided that where there is a pedestrian sidewalk in front of the display, it shall remain unobstructed for a continuous width of at least 48 inches.

3.

Displays shall be no taller than five feet high and shall not be longer than 20 feet or the length of the store's façade, whichever is less.

4.

Displays shall not interfere with fire lanes.

5.

The merchandise displayed must be offered for sale on the premises in front of which it is displayed.

6.

Palletized materials such as mulch, salt pellets, hunting bait, etc. shall not be displayed.

7.

A sketch plan indicating the location and dimensions of the outdoor display must be submitted and approved by the city prior to any outdoor display. Any outdoor display shall at all times comply with the sketch plan or site plan approved by the city.

r.

Outdoor storage. See subsection 557j.

s.

Performing and fine arts schools or studios. In light industrial district:

1.

Studios shall be one-story.

2.

Activities shall be within a completely enclosed building.

3.

Shall be located along a major corridor

t.

Pet boarding facilities.

1.

Except for the outdoor play area, the facilities must be located in a building with the pet boarding and any ancillary services being the only uses.

2.

The lot shall be at least two acres in size.

3.

Up to five percent of the floor area may be used for accessory retail sales.

4.

Adequate traffic circulation must be provided on-site to accommodate the frequent pickup and drop-off of animals for the facility.

5.

An outdoor play area is allowed with the following restrictions:

a)

Any outdoor play area shall not be any closer than 150 feet from a residential zoning district.

b)

Any outdoor play area shall be located in the interior side yard or rear yard.

c)

A maximum eight foot high fence enclosure is required around the play area and surface must be easy to maintain.

d)

All animal waste shall be removed from the outdoor play area daily and disposed of in a sanitary manner.

e)

Pets shall not be permitted to remain outdoors overnight.

u.

Rehabilitation of historic buildings into restaurants, museums, and performing arts centers.

1.

The determination of whether a building is historic will be made by the planning commission based on the review and consideration of a report developed by a qualified historic preservation professional

2.

Any restaurant serving alcohol must comply with on-premises alcoholic beverages regulations as set in subsection "p" of this section.

v.

Restaurants with a walk-up window.

1.

Trash receptacles shall be provided and maintained on the property, decorative, and covered.

2.

All signs placed on the building shall be mounted flat against the building; and interior signs visible to patrons through glass or an opening shall not exceed 25 percent of that area. Temporary signs indicating whether the establishment is "opened" or "closed for the season" shall be permitted in accordance with article 4, division 4, signs.

3.

Months and hours of operation shall be provided as part of the conditional land use application.

w.

Restaurants, including carryout.

1.

In the office (O) district, all proposed restaurants shall be within an office building. No freestanding restaurants are permitted.

2.

Outdoor dining as an accessory area to a restaurant and subject to the provisions in article 3, division 1, general provisions, section 319.

3.

Parking shall be calculated for the site based on the individual uses, including the restaurant area, in accordance with the parking standards in article 4, division 1, off-street parking and loading.

4.

No drive-thru or drive-in facilities are permitted.

x.

Retail businesses with adult novelty items.

1.

Intent. See section 557a.

2.

Definitions.

a)

Adult materials. One or a combination of more than one of the following types of materials: adult books and adult novelty items.

b)

Adult books. Books, magazines, newspapers, advertisements, displays, posters, video tapes, video discs and motion picture films which are characterized by their emphasis on portrayals of human genitals and pubic regions or acts of human masturbation, sexual intercourse, or sodomy.

c)

Adult novelty items. Devices of simulated human genitals or devices designed for sexual stimulation.

3.

Requirements and regulated uses. The following requirements and regulated uses are included this subsection and defined for purposes of regulating retail businesses with adult novelty items:

a)

Except for transitory movement by customers to the cash register and exiting the store, and except for temporary movement for delivery of inventory into the store and subsequent shelf placement, adult materials shall not be visible to the public, except for within a designated area meeting the following requirements:

b)

A separate room (hereinafter referred to as adult material room) with a minimum of six-foot high walls that screen or substantially limit view by persons in the remaining areas of the store.

c)

Minors under the age of 18 years of age shall not be permitted in the adult material room.

d)

The ceiling in the adult material room shall not be utilized for the display, storage or reflection of any adult materials.

e)

A bathroom and/or mechanical room adjacent to the adult material room shall at no time be used for the display or storage of adult materials.

f)

Adult materials are prohibited in any location visible to the public outside of a retail business, including any area visible to the public through front windows of a retail business.

g)

There shall not be any live modeling or similar activity of any sort on the property.

h)

There shall be only one public entrance to the retail business located at the front of the retail business only, excluding required emergency exits and loading doors.

i)

Retail businesses with adult novelty items shall be located at least 500 feet from:

1.

All churches, convents, temples and similar religious institutions.

2.

All public, private or parochial nursery, primary or secondary schools, public parks, and hospitals.

3.

All childcare centers or day care centers.

j)

Pre-viewing of any adult materials on or from any televisions, audio players, video screens, monitors or other devices in the retail business is prohibited.

y.

Retail establishment holding a SDD (specially designated distributor) or SDM (specially designated merchant) license from the state liquor control commission.

1.

The proposed regulated use is not located within 1,000 feet of any other regulated use, regardless of community boundaries. Establishments with SDD and SDM licenses from the state liquor control commission, greater than 10,000 square feet of gross floor area, and devoting less than ten percent of the gross floor area to sales regulated by the SDD and SDM license, are exempt from the spacing requirement between regulated uses. Brew pubs, breweries, wineries and distilleries serving alcoholic liquor with SDD and SDM licenses from the state liquor control commission, are exempt from the spacing requirement between regulated uses.

2.

The proposed regulated use is not located within 500 feet of a school, park, or place of worship, regardless of community boundaries. Establishments with SDM licenses from the state liquor control commission, greater than 10,000 square feet of gross floor area, and devoting less than ten percent of the gross floor area to sales regulated by the SDM license, are exempt from this spacing requirement.

3.

The layout of the site of the proposed regulated use and its relationship to streets providing access to the site shall be in a manner that vehicular and pedestrian traffic to and from such proposed regulated use and the potential assembly of persons connected therewith, will not be hazardous, endangering, or inconvenient to the surrounding neighborhood and commercial district.

4.

The proposed regulated use will be compatible with adjacent uses of land, considering the proximity of residential dwellings, churches, schools, public structures, and other places of public gatherings.

5.

The proposed regulated use will not be contrary to the public interest or injurious to nearby properties.

6.

The proposed regulated use will not have the possible effect of downgrading and blighting the surrounding neighborhood.

7.

The proposed regulated use will not be contrary to any program of neighborhood conservation, nor will it interfere with any redevelopment projects.

8.

The proposed regulated use will not reasonably be expected to diminish the value of properties in the immediate area.

9.

The proposed regulated use will be in compliance with all other applicable regulations, city codes and state and federal laws.

10.

Measurement. Measurement of distances between regulated uses and any other regulated or protected use shall be from the outermost boundaries of the parcel or lot of each use. In the case of a regulated use within a shopping center with a minimum of at least 5,000 square feet of tenant space, the distance from the outermost boundaries of the tenant space proposed to contain the regulated use, shall be used as one measurement point.

z.

Retail sales in MX-1.

1.

Specialty retail limited to the following categories: gifts, flowers, apparel, jewelry, novelties, housewares, home accessories, sporting goods, specialty food and photographic equipment. Uses which, in the opinion of the city planner based on findings of fact, are similar to the above permitted uses.

aa.

Retail sales and personal service in office building.

1.

Retail sales are permitted on ground floor.

2.

Retail sales may not occupy more than 30 percent of ground floor area.

3.

The following retail and personal service establishments, which provide goods and services necessary for the convenience of employees in the office district (not to exceed 40 percent of gross building area): jewelry stores, office supplies; copy service or instant printer; florist shop; tailor, hair stylist; travel agent; dry cleaners drop-off without processing facilities; private mailing service; group child care facility; clothing stores and personal communication services. The above uses shall be located in an office building and shall be clearly accessory to the office use.

4.

Other retail and personal service establishments, which provide goods and services necessary for the convenience of employees in the office district, and which the city planner determine to be similar to the above permitted uses. These uses shall be located in an office building and shall be clearly accessory to the office use.

bb.

Self-storage facilities.

1.

The owner and/or operator shall not permit any non-storage business activity to be conducted from individual storage units. The purpose of self-storage facilities shall be limited to storage of private property by individuals, organizations, and businesses.

2.

The minimum spacing between self-storage buildings shall be 30 feet where a one-way traffic pattern is used and 40 feet for two-way movement of customer vehicles.

3.

If an office and caretaker's quarters are proposed on site, they shall occupy a single building.

4.

If the site of a self-storage facility directly abuts or lies across the street from a residential district, a masonry screen wall and/or a landscaped greenbelt shall be provided, at the discretion of the planning commission. In deciding what type of screening to require, the planning commission shall evaluate which would be most appropriate to the neighborhood area in question.

5.

Any proposed outdoor storage yard proposed in conjunction with a self-storage facility shall be screened on all sides by a six-foot high masonry wall of face brick, six-foot high simulated brick pattern poured concrete wall. The plan shall detail the location, height and type of wall proposed.

6.

No individual self-storage unit shall have an interior width greater than ten-feet and there shall be no electrical service to individual units that could be used by customers.

7.

There shall be no storage of hazardous, flammable, explosive, or toxic materials in any storage units at any time.

8.

Any proposed outdoor storage yard proposed in conjunction with a self-storage facility shall be utilized only for recreation vehicles, private automobiles, and customarily manufactured non-commercial vehicles. The intent of this subsection is to prevent use of these facilities for contractor's storage yards, heavy equipment etc.

9.

Box trucks for use by lessees or rental by the general public, subject to the following:

a)

The self-storage facility may store on the premises not more than two box trucks for moving/transportation of personal property to and from the self-storage facility by lessees of the self-storage facility units.

b)

The public self-storage facility may have up to six box trucks available for rent by the general public, provided that trucks requiring a commercial driver's license to operate shall be prohibited.

c)

Box trucks shall be parked behind the front building line of the self-storage facility. The box trucks shall not be parked or otherwise situated upon the property of the public self-storage facility in such a manner that the box trucks serve as signs or advertisements of any kind.

10.

All vehicular use and outdoor storage areas shall be paved with asphalt or concrete.

11.

The minimum lot size for self-storage facilities shall be five acres.

cc.

Small manufacturing and production establishment.

1.

In B-1, MX-1, and MX-2 subject to the following:

a)

Establishment occupies less than 3,000 square feet and has not more than 20 employees.

b)

May not include bulk storage of flammable materials.

c)

Storage of materials/production must be completely within a closed building.

d)

The emission of odor or noise must be mitigated.

e)

Must have an accessory retail use or another component that provides direct interaction with the public.

f)

Must have windows along street frontage that allow pedestrians to view manufacturing process.

g)

Must have a public entrance directly from the street.

2.

In B-2 and PCD, subject to the following:

a)

Establishment occupies less than 10,000 square feet.

b)

Except as otherwise provided in this article, all uses shall be conducted wholly within a completely enclosed building, except for off-street parking or loading.

c)

The storage and/or use of any volatile, flammable or other materials shall be fully identified in the site plan review application and in accordance with all city, state and federal regulations regarding toxic or hazardous materials.

d)

The emission of odor or noise must be mitigated.

e)

Must have an accessory retail use or another component that provides direct interaction with the public.

f)

No truck well, loading dock, overhead door or other type of service bay door shall face an abutting residential district. Pedestrian exits and emergency doors are permitted on such building facades.

g)

In the B-2 district, where the outdoor placement of an aboveground storage tank is necessary, the storage tank must be completely screened from public view. The screening shall consist of a masonry wall of brick, stone or poured concrete with a decorative pattern or a treated wood obscured fence.

h)

In the B-2 district, outdoor storage, which is clearly accessory to the permitted use, limited in scale, and incidental to the primary indoor use(s) of the site, is subject to the provisions of section 557j.

dd.

Tattoo parlors (Body art services, including microblading, branding, body piercing).

1.

The facility must hold the licenses appropriate to the nature of the business per Public Act 375 body art facility license through the state.

2.

A body art establishment shall meet the inspection criteria and standard operating procedures established by the county health division and hold a OCHD body art practitioner permit at all times.

3.

Must hold a certificate of registration as a medical waste producing facility from the state department of environment, great lakes, and energy (EGLE).

4.

The use shall not operate before 9:00 a.m. or after 10:00 p.m.

ee.

Veterinary hospitals/clinic.

1.

Such facilities shall be used only for domesticated animals. Treatment or boarding of non-domesticated, wild, exotic, or vicious animals shall not be permitted.

2.

The principal buildings or structures shall be set back at least 75 feet from the front property line; and at least 200 feet from any property line abutting a residential district or use on the same side of the street, and at least 75 feet from all other property lines.

3.

The zoning official or planning commission may permit veterinary and animal grooming uses as accessory uses to retail pet supply establishments.

4.

Parking lots shall be set back at least 50 feet from a residential district or use and shall be screened by a wall at least four feet high with landscaping on the exterior side of the wall. The city planner or planning commission may permit a landscaped berm or dense landscape buffer as an alternative to the wall.

5.

All principal use activities shall be conducted within a totally enclosed principal building; no outdoor animal enclosures or runs are permitted unless a separate special land use has been approved for a kennel under section 544(o), kennels, or pet boarding facility under section 544(t).

6.

Any indoor boarding shall be limited to that incidental to treatment or surgery unless the use has also been approved as a kennel or pet boarding facility.

7.

Such facilities shall be subject to other conditions and requirements necessary to ensure against the occurrence of any possible nuisance (i.e. fencing, soundproofing, sanitary requirements).

8.

All waste disposal shall meet the requirements of the state health department.

(Ord. No. O-22-719, § 9, 3-7-22; Ord. No. O-22-721, § 4, 6-20-22; Ord. No. O-23-728, § 9, 3-8-23; Ord. No. O-25-739 meeting, § 13, 5-19-25)

The intent of this division is to provide standards for special land uses, which are uses that under usual circumstances could be detrimental to other land uses permitted within the same zoning district but may be permitted because of circumstances unique to the location of the particular use. This division provides standards for the planning commission to determine the appropriateness of a given special land use using factors such as: compatibility with adjacent zoning, location, design, size, intensity of use, impact on traffic operations, potential impact on groundwater, demand on public facilities and services, equipment used, and processes employed. Accordingly, special land uses should not be permitted without consideration of relevant restrictions or conditions being imposed which address their unique characteristics.

Prior to approving a special land use application, the planning commission shall require that the following general standards, in addition to the specific standards noted for individual uses in this division, section 557, special land use specific requirements, be satisfied. The proposed use or activity shall:

a.

Be compatible and in accordance with the goals, objectives, and policies of the city master plan and promote the intent of the zoning district in which the use is proposed.

b.

Be constructed, operated, and maintained so as to be compatible with the existing or intended character of the general vicinity and so as not to change the essential character of the area in which it is proposed.

c.

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

d.

Not involve uses, activities, processes, materials, and equipment or conditions of operation that will be detrimental to the natural environment, public health, safety, or welfare by reason of excessive production of traffic, noise, smoke, odors, or other such nuisance.

e.

Properties for which application for special land use approval is made shall also be subject to site plan review in accordance with the requirements of article V, division 1, site plan review. Failure to obtain site plan approval will constitute denial of the approved special land use.

f.

The proposed use shall not cause substantial injury to the value of other property in the neighborhood in which it is to be located and will not be detrimental to existing and/or other permitted land uses in the zoning district.

a.

Any person owning or having an interest in the subject property may file an application for special land use approval as provided for in this division.

b.

The following materials shall be submitted to the City at least 30 days prior to the meeting at which the planning commission first considers the special land use application:

1.

Payment of the required fee.

2.

Copies of completed application forms.

3.

Copies of a site plan meeting the requirements of article V, division 1, site plan review.

4.

Impact assessment if required by the city planner; the analysis shall be carried out by qualified individuals and shall include but need not be limited to the impact on: natural features, stormwater management, surrounding land uses, public facilities/services, public utilities, and traffic.

(Ord. No. O-23-728, § 10, 3-8-23)

a.

The planning commission shall have final review authority for all special land uses.

b.

Following the submission of the required application materials the planning commission shall hold a public hearing in accordance with the Michigan Zoning Enabling Act (Public Act 110 of 2006), as amended and with article 6, division 2, section 623, public hearings.

c.

The planning commission shall review the application in terms of the requirements of this section 551, standards for approval, and shall approve, approve with conditions, or deny the application.

(Ord. No. O-23-728, § 10, 3-8-23)

a.

As part of any special land use approval, the planning commission may impose any additional conditions or limitations as, in its judgement, may be necessary for protection of the public interest. Such conditions shall be related to and ensure that the review considerations of this division, section 551, standards for approval, and the applicable specific regulations of section 557, special land use specific requirements, are met.

b.

The approval of a special land use, including conditions made as part of the approval, is attached to the property described as part of the application and not to the owner of such property.

c.

A record of conditions imposed shall be maintained. The conditions shall remain unchanged unless an amendment to the special land use approval is approved.

d.

A record of the decision of the planning commission, the reasons for the decision reached, and any conditions attached to such decision shall be kept and made a part of the minutes of the planning commission.

e.

The city shall make periodic investigations of developments authorized by special land use approval to ensure continued compliance with all requirements imposed by the planning commission and this division. Noncompliance with the requirements and conditions approved for the special land use shall constitute grounds for the planning commission to terminate the approval following a public hearing. Such hearing shall be held in accordance with the procedures used for the original hearing as described in article VI, division 2, section 623, public hearings, and as required by this division.

(Ord. No. O-25-739 meeting, § 14, 5-19-25)

a.

In cases where actual physical construction of a substantial nature of the structures authorized by a special land use approval has not commenced within 18 months of issuance, and a written application for extension of the approval has not been filed as provided below, the approval shall automatically become null and void and all rights thereunder shall terminate.

b.

Upon written application filed prior to the termination of the 18 month period, the planning commission may authorize a single extension of the time limit for a further period of not more than one year. Such extension shall only be granted based on evidence from the applicant that the development has a reasonable likelihood of commencing construction within the one-year extension.

c.

The granting of a special land use shall allow that particular use to be conforming on the subject property, as long as the standards of this division are maintained.

d.

Any use for which a special land use approval has been granted and which ceases to continuously operate for a six-month period shall be considered abandoned and the special land use approval shall become null and void.

e.

No application for a special land use approval which has been denied wholly or in part shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of changed conditions relating to all of the reasons noted for the denial found to be valid by the planning commission.

a.

Amendments. Any person or agency who has been granted a special land use approval shall notify the city planner of any proposed amendment to the approved site plan of the special land use. The city planner shall determine whether the proposed amendment constitutes a minor or major amendment based on the determination standards for all site plans in accordance with the requirements of article 5, division 1, section 511, deviations from approved site plan. A major amendment to a special land use approval shall comply with the application and review procedures contained in this article.

b.

Expansion or change in use. The expansion change in activity, reuse, or redevelopment of any use requiring a special land use approval, with an increase of ten percent or greater, shall require re-submittal in the manner described in this division. A separate special land use approval shall be required for each use requiring special land use review on a lot, or for any expansions of a special land use on property which has not previously received special land use approval.

(Ord. No. O-22-719, § 10, 3-7-22)

The general standards and requirements of this division, section 551, standards for approval, are basic to all uses authorized by a special land use approval. However, certain special land uses, because of their unique character and potential impacts on the welfare of adjacent properties and the city, require additional specific requirements. Such uses are listed below with specific standards and regulations that must be met in addition to the general standards of this division, section 551, standards for approval, and other sections of this ordinance.

a.

Adult entertainment regulated uses.

1.

Intent. In the development and execution of these zoning regulations, it is recognized there are some uses that, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby causing a deleterious effect upon the adjacent areas. The proximity of adult entertainment regulated uses to certain uses considered particularly susceptible to the negative impacts or the concentration of adult uses tends to erode the quality of life, adversely affect property values, disrupt business investment, encourage residents and businesses to move or avoid the community, increase crime, and contribute a blighting effect on the surrounding area. This subsection describes the uses regulated and the specific standards needed to ensure that the adverse effects of these uses will not contribute to the deterioration of the surrounding neighborhood, to prevent undesirable concentration of these uses, and to require sufficient spacing from uses considered most susceptible to negative impacts.

2.

Definitions. The following definitions shall apply to adult entertainment regulated uses:

a)

Specified anatomical areas. Portions of the human body defined as follows:

1)

Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below the point immediately above the top of the areola.

2)

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

b)

Specified sexual activities. The explicit display of one or more of the following:

1)

Human genitals in a state of sexual stimulation or arousal.

2)

Acts of human masturbation, sexual intercourse, or sodomy.

3)

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

3.

Uses regulated. The following uses are regulated by this subsection and defined for purposes of regulating adult entertainment regulated uses:

a)

Adult book or supply store. An establishment having ten percent or more of all usable interior, retail, wholesale, or warehouse space devoted to the distribution, display, or storage of books, magazines, and other periodicals and/or photographs, drawings, slides, films, video tapes, recording tapes, and/or novelty items which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined herein, or an establishment with a segment or section devoted to the sale or display of such material.

b)

Adult model studio. Any place where models who display specified anatomical areas as defined herein are present to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons who pay some form of consideration or gratuity. This definition shall not apply to any accredited art school or similar educational institution.

c)

Adult motion picture arcade or mini motion picture theater. Any place where motion picture machines, projectors, or other image producing devices are maintained to show images and where the images displayed depict, describe, or relate to specified sexual activities or specified anatomical areas as defined herein.

d)

Adult motion picture theater or adult live stage performing theater. An enclosed building wherein still or motion pictures, video tapes, or similar material is presented or viewed which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined herein for observation by patrons therein. Such an establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.

e)

Adult outdoor motion picture theater. A drive-in theater used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined herein for observation by patrons of the theater. Such establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.

f)

Adult physical cultural establishment. Any establishment, club, or business by whatever name designated, which offers or advertises, or is equipped or arranged to provide as part of its services, massages, body rubs, alcohol rubs, physical stimulation, baths, or other similar treatment by any person. An adult physical cultural establishment may include, but is not limited to, establishments commonly known as massage parlors, health spas, sauna baths, Turkish bathhouses, and steam baths. The following uses shall not be included within the definition of an adult physical culture establishment:

1)

Establishments which routinely provide such services by a licensed physician, a licensed chiropractor, a licensed osteopath, a licensed physical therapist, a licensed practical nurse practitioner, a therapeutic massage practitioner as defined in this ordinance or any other similarly licensed medical professional.

2)

Fitness center, as defined in this ordinance.

3)

Electrolysis treatment by a licensed operator of electrolysis equipment.

4)

Continuing instruction in martial or performing arts, or in organized athletic activities.

5)

Hospitals, nursing homes, medical clinics, or medical offices.

6)

Barber shops or beauty parlors and salons which offer massages to the scalp, the face, the neck, or shoulders only.

7)

Adult photography studios whose principal business does not include the taking of photographs of specified anatomical areas as defined herein.

g)

Adult sexual encounter center. Any business, agency, or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in "specified sexual activities" or exposing "specified anatomical areas."

h)

Cabaret. An establishment where live entertainment is provided, presented, permitted or performed, which performances are distinguished or characterized by an emphasis on or relationship to specified sexual activities or specified anatomical areas as defined herein for observation by or participation of patrons therein. Also, an establishment which features any of the following: topless dancers and/or bottomless dancers, go-go dancers, strippers, male and/or female impersonators or similar entertainers, topless and/or bottomless waiters, waitresses and/or employees.

i)

Adult, nude, partially nude dancing. A business having as its principal activity the live presentation of or display of nude or partially nude male or female impersonator(s), dancer(s), entertainers(s), waiter(s) or waitress(es), or employee(s) and which may or may not feature the service of food or beverage. For the purpose of this division, nude or partially nude shall mean having any or all of the specified anatomical areas exposed as defined herein.

4.

Required spacing. The establishment of the types of adult entertainment regulated uses listed above shall meet all of the following space requirements, with the minimum distance between uses measured horizontally between the nearest points of each property line:

a)

1,000 feet from:

1)

Any other adult entertainment regulated use.

2)

All churches, convents, temples and similar religious institutions.

3)

All public, private or parochial nursery, primary or secondary schools, public parks, and hospitals.

4)

Any adult or childcare facility.

5)

An establishment holding an SDD or SDM license from MLCC.

b)

800 feet from:

1)

Any single-family or multiple-family residential district or use.

2)

Any pool or billiard hall, concreted amusement center, indoor and outdoor recreation such as miniature golf; dance club catering primarily to teenagers, movie theaters, ice- or roller-skating rinks, and similar uses generally frequented by children and teenagers.

5.

Special site design standards.

a)

The maximum size of the building shall be 5,000 square feet.

b)

The building and site shall be designed, constructed, and maintained so material such as a display, decoration, or sign depicting, describing, or relating to specified sexual activities or specified anatomical areas cannot be observed by pedestrians and motorists on a public right-of-way or from an adjacent land use.

c)

Adult entertainment regulated uses shall be located within a freestanding building. A shared or common wall structure or shopping center are not considered to be a freestanding building.

d)

The color of the building materials shall be reviewed and approved by the planning commission.

e)

The planning commission shall determine the type of buffer zone to be required and maintained along the side and rear lot lines, based on the site conditions, views from public streets, and distance and type of surrounding land uses.

f)

The hours of operation shall be approved by the planning commission.

g)

Access shall be from an arterial roadway.

h)

Any adult entertainment regulated use which allows customers to remain on the premises while viewing live, filmed, or recorded entertainment, or while using or consuming the products or services supplied on the premises shall provide at least one security guard on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is in operation.

6.

Obscene material strictly prohibited. The applicant for a special land use for any adult entertainment regulated use shall set forth in his or her application a statement in sufficient detail to describe the material contained in the adult entertainment regulated use. In the event that the planning commission finds the material proposed to be within the adult entertainment regulated use to be obscene, then the special land use shall not be granted. For purposes of this subsection, a form of expression shall be classified as obscene if the material meets all of the following criteria:

a)

The average individual, applying contemporary community standards for the city would find that the material, taken as a whole, appeals to the prurient interest.

b)

The material, taken as a whole, lacks serious literary, artistic, political, or scientific value.

c)

The material depicts or describes, in a patently offensive way, sexual conduct.

7.

Waivers. Upon denial of any application for an adult entertainment regulated use under this section the applicant may appeal for a waiver of the location provisions above to the zoning board of appeals (ZBA) consistent with the standards set forth below. The ZBA may waive the location provisions set forth in this section, after all the following findings are made:

a)

Compliance with regulations. The proposed use will not be contrary to any other provision of these zoning regulations or injurious to nearby properties.

b)

Not enlarge district. The proposed use will not enlarge or encourage the development of a "skid row" or "strip."

c)

Consistent with programs. The establishment of an additional adult entertainment regulated use will not be contrary to, or interfere with, any program of urban renewal or neighborhood development.

d)

Consistent with law. All applicable city, state or federal laws and regulations will be observed.

e)

Procedure for waiver. Prior to granting a waiver of the location restrictions set forth above, a public hearing in accordance with the Michigan Zoning Enabling Act (Public Act 110 of 2006), as amended and with article VI, division 2, section 623, public hearings, shall be held.

8.

Conditions of approval. Prior to the granting of approval for the establishment of any adult entertainment regulated use, the planning commission may impose any conditions or limitations upon the establishment, location, construction, maintenance, or operation of the adult entertainment regulated use which is necessary for the protection of the public interest. Any evidence, bond, or other performance and guarantee may be required as proof that the conditions stipulated in connection therewith will be fulfilled.

9.

Specific penalties. No person operating an adult entertainment regulated use shall permit any person under the age of 18 to be on the premises of the business as an employee, customer, or otherwise.

b.

Automobile gasoline stations.

1.

There shall be a minimum lot area of one acre and minimum lot width of 250 feet.

2.

Pump islands shall be a minimum of 40 feet from any public right-of-way or lot line. Tanks, propane, and petroleum products shall be set back at least 15 feet from any lot line.

3.

Overhead canopies shall be setback at least 20 feet from the right-of-way and constructed of materials consistent with the principal building. The proposed clearance of any canopy shall be noted on the site plan. Any signs, logo, or identifying paint scheme shall be in accordance with article IV, division 4, signs. The canopy shall be no higher than the principal building. Lighting in the canopy shall be recessed, fully shielded, and directed downward to prevent off-site glare.

4.

Only one driveway shall be permitted from each street unless the planning commission determines additional driveways will be necessary to ensure safe and efficient access to the site.

5.

The intensity of lighting within a site shall meet the requirements of article IV, division 5, lighting standards.

6.

There shall be no outdoor storage or display of vehicle components and parts, supplies, or equipment except within an area defined on the site plan approved by the planning commission and which extends no more than ten feet beyond the building.

7.

The applicant shall submit a pollution incidence protection plan (PIPP). The PIPP shall describe measures to prevent groundwater contamination caused by accidental gasoline spills or leakage, such as special check valves, drain back catch basins, and automatic shut off valves, as approved by the city fire department.

8.

Any use involving maintenance, service, or repair shall also meet the standards for automobile service establishments.

9.

In the event that an automobile service station use has been abandoned or terminated for a period of more than one year, all underground gasoline storage tanks shall be removed from the premises, in accordance with state requirements.

c.

Cemeteries.

1.

Minimum site size shall be 20 acres with a minimum lot width of 330 feet.

2.

There shall be no burial plots within 50 feet of any property line.

3.

No service building shall be located closer than 100 feet to any property line and all service and storage yards shall be screened from view by an obscuring wall at least six feet high.

4.

On all sides abutting property in a zoning district that permits residential uses, there shall be a landscaped greenbelt at least 25 feet wide.

d.

Drive-through window facilities for banks, restaurants or other permitted uses.

1.

Sufficient stacking capacity in accordance with article 4, division 1, off-street parking and loading standards, for the drive-through portion of the operation shall be provided to ensure that traffic does not extend into the public right-of-way.

2.

A bypass lane shall be provided around the stacking spaces.

3.

In addition to parking space requirements, at least three parking spaces shall be provided in close proximity to the exit of the drive-through portion of the operation to allow for customers waiting for delivery of orders.

4.

Only one ingress/egress driveway shall be permitted on any single street. If the use is located on a corner lot access to the drive-through facility shall be only from the street which carries the least amount of daily traffic at the time the application is approved, except that such access from any other street may be shared with an adjoining property.

5.

The planning commission may require direct vehicular access connections with adjacent commercial developments where feasible.

6.

Access driveways shall be located no less than 100 feet from the centerline of the intersection of any street or 75 feet from the centerline of any other driveway.

7.

Overhead canopies shall be setback at least 20 feet from the right-of-way and constructed of materials consistent with the principal building. The proposed clearance of any canopy shall be noted on the site plan. The canopy shall be no higher than the principal building.

8.

Outdoor speakers for the drive through facility shall be located in a way that minimizes sound transmission toward neighboring property and uses.

e.

Dry cleaning plant.

1.

Central dry cleaning plants may be permitted in certain districts, as specified in this ordinance, subject to the following:

2.

The site plan submittal shall include a floor plan which details the location of all storage areas for hazardous/toxic materials and the method of secondary containment proposed.

f.

Educational institutions, including private and parochial preschool, elementary, middle, and high schools.

1.

All ingress and egress from said site shall be directly onto a major or secondary thoroughfare, as designated on the city's adopted master plan.

2.

No building other than a single-family residential dwelling shall be closer than 50 feet to any property line and/or existing or proposed public right-of-way.

3.

All service and storage areas shall be screened from view by a masonry wall at least six feet high, approved by the planning commission.

4.

All areas for student and staff parking shall be set back at least 50 feet from an abutting residential district or residential use.

5.

No outdoor use areas (playgrounds, athletic facilities) shall take place within 75 feet of an abutting residential use.

6.

The site plan shall clearly demonstrate that the parcel size has the ability to provide adequate space for buildings, parking, setback, open space, landscaping, and the like.

g.

Golf driving ranges and miniature golf courses.

1.

All traffic ingress and egress shall be from a major traffic route in the city master plan, or as a local or collector street on the city's Act 51 map.

2.

Whenever any such use abuts a residential district, a transition buffer area at least 100 feet in width shall be provided between all operations, buildings, and structures, including fences, and the residential property. Landscaping, berms, and structural screens of a type approved by the planning commission may be placed within the buffer strip.

3.

All buildings, uses, operations, and structures, including fences, shall be located a minimum of 100 feet from any public right-of-way. This yard shall be landscaped as determined by the planning commission.

h.

Hospitals.

1.

Minimum site area shall be ten acres.

2.

The proposed site shall have at least one property line abutting a "major street", as identified in the city's Act 51 map or identified as a major traffic route in the city master plan.

3.

The front, side, and rear yard minimum setbacks shall be 50 feet.

4.

Parking setbacks shall be 40 feet in the front yard, 20 feet for side and rear yards.

5.

Whenever any such use abuts a residential district, a transition buffer area of at least 100 feet in width shall be provided. Walls, fences, or landscaping may be required as part of this buffer area as determined by the planning commission.

6.

Emergency room, ambulance and delivery areas shall be screened from public view with an obscuring wall and/or landscaping with a minimum height of six feet.

7.

Auxiliary uses, such as a pharmacy, gift shop, cafeteria, day care, and similar customary hospital related uses shall be allowed.

8.

Parking for professional and outpatient buildings, or sections of a hospital building, shall be calculated as separate uses as noted in article IV, division 1, off-street parking and loading requirements. Only one-half of the total number of parking spaces within gated or restricted physician parking lots shall be included for required parking calculations.

i.

Mobile home parks.

1.

Development shall be no less than four acres in size.

j.

Outdoor storage.

1.

In B-2 districts a special land use approval may be granted for outdoor display, sales, or storage.

2.

The site plan shall detail the general location and type of equipment or materials proposed to be stored in the outdoor storage yards.

3.

If retail activity is associated with the use, an enclosed building of at least 500 square feet of gross floor area for office and sales use is required.

4.

The storage of soil, sand, mulch, and similar loosely packaged materials shall be contained and covered to prevent it from blowing into adjacent properties. The outdoor storage of fertilizers, pesticides, and other hazardous materials is prohibited.

5.

All stored materials including loosely packaged materials shall not be piled or stacked higher than the height of the obscuring screen. Vehicles, implements, and recreational vehicles may exceed the height of the screen provided that they are set back from the screen a distance equal to their height.

6.

All vehicular use areas shall be paved with asphalt or concrete. Areas used exclusively for non-vehicular storage may be gravel or crushed stone surface, as approved by the planning commission. All proposed paved surface areas shall be detailed on the site plan.

7.

All loading and truck maneuvering shall be accommodated on-site or on a dedicated easement

8.

The storage yard shall be screened on all sides by a six-foot-high masonry wall of face brick; or six-foot-high simulated brick pattern poured concrete wall.

a)

In LI district, the storage yard can be screened on the sides that are visible from the public right-of-way, public view, or any residential district by a screen wall by the provision of the business owners and property owners of abutting properties affirmatively waiving, in writing, the need to provide such screening along their property lines. In such cases, other types of fences in accordance with section 308 may be allowed to screen the rest of the outdoor yard sides of the property.

b)

In LI district, the screen wall or fence shall be permitted up to eight feet as permitted in section 308.

9.

No materials, racks, or vehicles shall exceed the height of the required screen wall.

10.

Where the storage yard abuts residentially zoned property, there shall be a ten-foot wide landscaped greenbelt between the property line and the wall. Said greenbelt shall be planted in accordance with article 4, division 3, landscaping, section 445.

11.

The planning commission may request review and comment on the proposed outdoor storage yard from the fire marshal and EGLE where the materials proposed to be stored may pose an environmental or safety hazard.

k.

Pawnbrokers.

1.

The proposed regulated use is not located within 1,000 feet of any other regulated use, regardless of community boundaries.

2.

The proposed regulated use is not located within 500 feet of a school, park, or place of worship, regardless of community boundaries.

3.

The proposed regulated use will not be contrary to any program of neighborhood conservation, nor will it interfere with any redevelopment projects.

4.

The proposed regulated use will be in compliance with all other applicable regulations, city codes and state and federal laws.

5.

No pawnbroker or pawnshop use shall be located on a parcel of land which is located such that a radius of 1,000 feet drawn from any point on that parcel contains at least 30 percent residential buildings, dwellings or rooming units of the total number of structures within such radius. This provision may be waived by the zoning board of appeals upon receiving a petition filed by the appellant which indicated approval of the proposed regulated use by 51 percent of all the adults residing within a radius of 1,000 feet of the location of the proposed use.

a.

Petition preparation. The petitioner shall attempt to contact all adult residents within this radius and shall maintain a list of all addresses at which no contact was made or only a verbal response received. Signatures of a minimum of 51 percent of all the adult residents of the area are required for approval.

b.

Regulations of board. The zoning board of appeals shall adopt rules and regulations governing the procedure for securing the petition of consent as provided for in this section. The rules shall provide that the circulator of the petition shall subscribe to an affidavit to the fact that the petition was circulated in accordance with the rules of the zoning board of appeals and that the circulator personally witnessed the signatures on the petition by the person whose name appeared therein.

c.

Filing and verification. The zoning board of appeals shall not consider the waiver of location requirements until the above-described petition shall have been filed and verified.

6.

Measurement. Measurement of distances between regulated uses and any other regulated or protected use shall be from the outermost boundaries of the parcel or lot of each use. In the case of a regulated use within a shopping center with a minimum of at least 5,000 square feet of tenant space, the distance from the outermost boundaries of the tenant space proposed to contain the regulated use, shall be used as one measurement point.

7.

The proposed regulated use will be compatible with adjacent uses of land, considering the proximity of residential dwellings, churches, schools, public structures, and other places of public gatherings.

8.

The proposed regulated use will not be contrary to the public interest or injurious to nearby properties.

9.

The proposed regulated use will not have the possible effect of downgrading and blighting the surrounding neighborhood.

10.

The proposed regulated use will not be contrary to any program of neighborhood conservation, nor will it interfere with any redevelopment projects.

11.

The proposed regulated use will not reasonably be expected to diminish the value of properties in the immediate area.

l.

Research or testing laboratories.

1.

Except as otherwise provided in this division, all uses shall be conducted wholly within a completely enclosed building, except for off-street parking or loading.

2.

Outdoor storage which is clearly accessory to the permitted use, limited in scale, and incidental to the primary indoor use(s) of the site.

3.

Where the outdoor placement of an above ground storage tank is necessary, the storage tank must be completely screened from public view. The screening shall consist of a masonry wall of brick, stone or poured concrete with a decorative pattern. The design and material of the screening to be approved by the planning commission.

4.

No truck well, loading dock, overhead door or other type of service bay door shall face an abutting residential district. Pedestrian exits and emergency doors are permitted on such building façades.

5.

The storage and/or use of any volatile, flammable or other materials shall be fully identified in the site plan review application and in accordance with all city, state and federal regulations regarding toxic or hazardous materials.

m.

Salvage yard.

1.

The salvage yard shall be enclosed on all sides by a masonry wall of face brick or six-foot-high simulated brick pattern poured concrete wall at least six feet in height. The wall shall be maintained in good repair and shall be free of handbills or other advertising except for approved signs. Non-transparent gates not exceeding 48 feet in width shall be permitted in the enclosure.

2.

Vehicles or vehicle bodies shall be stored in rows with a minimum of 20 foot continuous loop drives separating each row of vehicles.

3.

Vehicle parts shall not be stored, loaded, unloaded, or dismantled outside the wall enclosing the salvage yard. No vehicle, vehicle bodies, or other materials shall be stored in a manner as to be

4.

Visible from any residence, business, or street from a height at or below the top of the wall enclosing the yard.

5.

All batteries shall be removed from any vehicle, and all radiator and fuel tanks shall be drained prior to the vehicle being placed in the storage yard. Salvaged batteries, oil, and other such substances shall be removed by a licensed disposal company or be stored in a manner which prevents leakage of battery fluid. No fluids removed from vehicles shall be applied as a dust control method.

6.

The property shall include at least six acres. The front screen wall shall be set back the distance as a principal building in the industrial district, and all such walls shall be set back a minimum of 500 feet from any residential district or use. In order to protect surrounding areas, the crushing of vehicles or any part thereof shall be limited to daylight hours, provided that such activities shall not be conducted on Sundays or federally recognized holidays.

7.

The applicant shall submit written assurances that the activities of the salvage yard will comply with all state and federal regulations.

8.

The planning commission may impose other conditions which have a reasonable relationship to the health, safety, and general welfare of the city. These conditions can include a provision for an annual inspection by the building official to ensure continuing compliance with the above standards.

n.

Student dormitories—Private. Private student dormitory rooms, when constructed as a part of a private educational institution or campus, may be permitted in certain districts, as specified in this ordinance, subject to the following:

1.

The site plan shall conform with article 5, division 1, site plan review and approval.

2.

The minimum site size for a private educational campus which includes a dormitory shall be three acres.

3.

A private educational campus which includes a dormitory shall be located on a major or secondary thoroughfare as designated in the city's adopted master plan.

4.

80 square feet of useable floor area shall be provided in each dormitory room for each one bed. This required space shall be exclusive of common lounge areas, kitchens, dining rooms, halls, bathrooms or similar use areas.

5.

300 square feet of outdoor open space shall be provided for each one bed. This outdoor area shall be available for open space/recreation purposes and shall be exclusive of parking areas, service drives and similar uses.

6.

Bathroom facilities shall be constructed according to the city building code. Showers or similar bathing facilities shall be provided in the ratio of not less than one shower for each seven persons housed.

7.

All school dormitories shall be inspected at least once each year by the city building department to guarantee compliance with all preceding standards.

o.

Trucking terminals. Trucking terminals may be permitted in certain districts, as specified in this ordinance, subject to the following:

1.

The site shall be designed to minimize negative impact on adjacent properties with regard to noise, glare, dust or fumes.

2.

All loading/truck service areas shall be located in compliance with section 407 and shall be designed to minimize negative impacts on adjoining properties.

3.

Site lighting shall be designed and regulated in accordance with article IV, division 5, lighting standards. All site lighting shall be designed to minimize glare on adjacent properties.

4.

Any proposed maintenance/service facility, including fueling stations, shall be noted on the site plan. The site plan shall detail the location of all underground or above ground storage tanks and storage areas for new or used/waste materials of a hazardous or toxic nature. Method of secondary containment and leak detection, where applicable, shall also be noted on the site plan.

5.

Loudspeakers or public address systems may be permitted subject to the following criteria:

a)

Any proposed sound system shall be detailed on the site plan.

b)

The facility and proposed sound system shall be designed so as to minimize the level of noise generated and the impact on adjacent properties. Such design alternatives include, but are not limited to, time/volume limitations on the use of sound systems, directional/locational limitations, sound deadening construction materials and landscaping.

c)

The planning commission shall review the special approval in one year to determine if there are any noise-related problems regarding the approved sound system. In reviewing the special approval, the planning commission shall consult the police department and code assistance whose reports, along with any public comments at the review hearing, shall be the basis for any subsequent decisions by the planning commission.

d)

If the planning commission finds a noise-related problem, the planning commission may require additional measures be taken by the owner to reduce or eliminate the problem(s) in accordance with subsection 5.b. above.

6.

A six-foot high masonry wall of face brick or poured concrete with brick pattern on both sides, shall be located on all property lines which abut any residential district. In addition, a five-foot wide greenbelt shall be installed adjacent to the required wall. This greenbelt shall be planted in accordance with the following:

a)

One three-inch caliper deciduous tree per 30 feet of wall length.

b)

Four 24-inch to 30-inch high or wide evergreen or deciduous shrubs per 30 feet of wall length.

c)

Groundcover shall be either grass, woodchips, or decorative stone. Weedmat shall be installed under stone or woodchips.

(Ord. No. O-22-719, § 10, 3-7-22; Ord. No. O-23-728, § 10, 3-8-23; Ord. No. O-23-729, § 4, 7-17-23; Ord. No. O-25-739 meeting, § 14, 5-19-25)

The intent of this division is to provide regulatory standards for condominiums and condominium subdivisions similar to those required for projects developed under other forms of ownership. This division is not intended to prohibit or treat a proposed or existing condominium project different than a project or development under another form of ownership.

The definitions contained in article I, division 2, definitions, are intended to make comparison possible between the definitions of the zoning ordinance and the city subdivision regulations.

The following review process shall apply to all condominium projects within the city:

a.

Concurrently with notice required to be given to the city pursuant to section 71 of P.A. 59 of 1978, as amended (MCL 559.171) a person, firm, corporation or other legal entity intending to develop a condominium project shall file with the city the following information with respect to the projects:

1.

All names, address and telephone numbers of:

a)

The person, firm, corporation of other legal entity with an ownership interest in the land on which the project will be located together with a statement that the entity is a fee owner or land contract purchaser.

b)

Engineers, attorneys, architects, and licensed land surveyors involved in the condominium project.

c)

The developer or proprietor of the project.

d)

The legal description of the land including tax identification numbers.

e)

The total acreage.

f)

The intended use.

g)

The number of units to be developed.

h)

A copy of the proposed master deed.

b.

Condominium projects shall contain all information required by the Condominium Act.

c.

The information shall be filed with the zoning administrator at the time the information is filed with the city clerk and shall be kept current.

d.

In addition to the requirements of this division, any applicable requirements of article V, division 2, planned unit development overlay standards, article V, division 1, site plan review, and the city subdivision regulations, must be met.

All condominium plans must be approved by the planning commission following the same process identified for site plan review in the city zoning ordinance. In making determination, the planning commission shall consult with the zoning administrator, city planner, city attorney, and the city engineer regarding the adequacy of the master deed, deed restrictions, utility systems, streets, project design, and layout and compliance with the Condominium Act.

a.

Condominium projects shall comply with all public and private street requirements found in this Code. Streets in condominium developments which connect to public streets shall dedicate the project street to the public.

b.

The condominium plan shall include all necessary easements granted to the city for constructing, operating, inspecting, maintaining, repairing, altering, replacing and/or removing pipelines, mains, conduits, and other installations of a similar character (hereinafter called public structures) for the purpose providing public utilities, including, but not limited to, conveyance of sewage, water and stormwater runoff across, through and under the property subject to such easement, and excavating and filling ditches and trenches necessary for the location of such structures.

a.

The setback requirements for condominium buildings shall be in accordance with the district regulations unless otherwise modified by the planning commission as part of planned unit development (PUD). Setbacks shall be measured from roadway easement lines. Distances between buildings shall be the required minimum yard setback for the total of both sides.

b.

The relocation of boundaries as defined in section 148 of the Condominium Act shall conform to all setback requirements of this chapter for the district in which the project is located, shall be submitted to the planning commission for review and approval and these requirements shall be made a part of the bylaws and recorded as part of the master deed.

After construction of a condominium unit, the undeveloped area of a unit site shall become a common element.

A condominium project shall not be constructed in a manner that intentionally creates an encroachment.

Subdivision of condominium unit sites is permitted with planning commission approval, contingent upon the submission of an amended master deed to determine the effect of the subdivision on conditions of zoning or site plan approval and shall be made as part of the bylaws and recorded as part of the master deed.

All condominium project plans shall conform to the plan preparation requirements, design layout, and improvements standards as established in the city subdivision regulations.

Any residential condominium comprising 20 or more lots or dwelling units, either as a single development or as a group of adjacent developments offered by a single proprietor, shall provide an active recreational area in accordance with article III, division 1, section 325, residential recreational area.

(Ord. No. O-25-739 meeting, § 15, 5-19-25)

The condominium project shall comply with and meet all federal, state, and county standards for a domestic water system and wastewater disposal.

Any expansion or conversion of a condominium project involving additional land and new phases must be approved by the planning commission.

The project developer shall furnish the zoning administrator with one copy of the proposed consolidated master deed, one copy of bylaws and two copies of the proposed plans. The proposed plans shall be reviewed for compliance with this chapter and this Code and to ensure that an assessment mechanism has been included to guarantee adequate maintenance of common elements. Master deeds submitted to the city for review shall not permit contraction of the condominium (whereby co-owners can withdraw from the condominium and responsibility for maintenance of common elements) without re-submittal of the master deed to the city for review and approval. Fees for these reviews shall be established, from time to time, by resolution of the city council.

Submission of an as-built plan of a condominium unit is required prior to occupancy. The zoning administrator may allow occupancy of the project before all improvements required are installed provided that a bond is submitted to the municipal services department, sufficient in amount and type to provide for the installation of improvements before the expiration of the temporary occupancy permit without expense to the city. The amount of the bond shall be determined by the city engineer.

(Ord. No. O-22-727, § 1, 12-5-22)

Upon approval of the development, a copy of the bylaws and consolidated master deed shall be furnished to the city. The site plan shall be provided in digital format meeting the requirements of article V, division 1, section 513, as-built drawings.

All condominium projects shall comply with federal, state, and city laws, statutes and ordinances.

Any violation of the terms and conditions of this division shall constitute a misdemeanor punishable, upon conviction, by a sentence of not to exceed 90 days in jail or a fine not to exceed $500.00, or both such fine and imprisonment, in the discretion of the court.