Rather than permitting all of the many and varied land use activities within individual and limited zoning districts, it is the intent of this article to provide a set of procedures and standards for specific uses of land or structures that will allow, on one hand, practical latitude for the investor or developer, but that will, at the same time, promote the intent and purpose of this zoning chapter, and ensure that the land use or activity authorized shall be compatible with adjacent uses of land, the natural environment, and the capacities of public services and facilities affected by the land uses. In order to provide controllable and reasonable flexibility, this article permits detailed review of certain specified types of land use activities which, because of their particular and unique characteristics, require special consideration in relation to the welfare of adjacent properties and to the community as a whole. Land and structure uses possessing these characteristics may be authorized within certain zone districts by the issuance of a special use permit. By such a procedure, the planning commission and the city council have the opportunity to impose conditions and safeguards upon each use which are deemed necessary for the protection of the public welfare.

(Code 1991, § 19-346; Ord. No. 83, § 16.01, 4-16-1984)

An application for a special use permit for any land use or structure permitted under this article shall be submitted and processed under the following procedures:

(1)

Submission of application. Any application shall be submitted through the city clerk on a special form for that purpose. Each application shall be accompanied by the payment of a fee as established by resolution of the city council from time to time to cover the costs of processing the application.

(2)

Data required. Every application shall be accompanied by the following information and data:

a.

The special form supplied by the city clerk filled out in full by the applicant, including a statement of supporting evidence concerning the required findings specified in section 36-534.

b.

Two copies of a site plan, drawn to a readable scale (preferably one inch equals 100 feet) and containing that information specified in section 36-534.

(3)

City clerk actions.

a.

Within five working days of the receipt of the submission of an application, the city clerk shall determine whether it is in proper form, contains all required information, and shows compliance with all applicable provisions.

b.

Upon certification by the zoning administrator that the site plan and application form are complete, one copy of the site plan shall be forwarded to the planning commission. The city clerk may also submit one copy of the site plan to each of the following agencies considered to be impacted or affected by the special use permit application:

1.

County road commission;

2.

County health department;

3.

County drain commissioner;

4.

City fire department; or

5.

City police chief.

(Code 1991, § 19-361; Ord. No. 83, § 16.02, 4-16-1984)

The planning commission shall review the site plan and application for a special use permit at its next scheduled meeting following receipt from the city clerk. After adequate study and review, incorporating information provided by the reviewing agencies listed in section 36-456, the planning commission may conduct a public hearing as required by MCL 125.3502.

(Code 1991, §§ 19-362, 19-363; Ord. No. 83.4, 2-15-1989)

Whether or not a public hearing is held under section 36-457, the planning commission shall review the application for special land use. It may deny, approve or approve with conditions the application for special land use approval. Its decision shall be incorporated in a statement of conclusions relative to the special land use under consideration, and shall specify the basis for the decision and any conditions imposed. In arriving at its decision, the planning commission shall refer to and be guided by those standards set forth in section 36-463. A request for approval of a land use or activity which is in compliance with those standards, other applicable ordinances and state and federal statutes shall be approved.

(Code 1991, § 19-364; Ord. No. 83.4, 2-15-1989)

An appeal on a special use permit decision may be taken to the zoning board of appeals within ten days following the decision of the planning commission. The zoning board of appeals shall review the decision to determine whether the standards of the ordinance were properly applied and may affirm, reverse or modify with conditions the decision of the planning commission upon findings supporting its conclusion.

(Code 1991, § 19-365; Ord. No. 83.4, 2-15-1989)

(a)

A special use permit issued under section 36-458 shall be valid for a period of one year from the date of the issuance of the permit. If construction has not commenced and proceeded meaningfully toward completion by the end of this one-year period, the zoning administrator shall notify the applicant in writing of the expiration or revocation of the permit; provided, however, that the city council may waive or extend the period of time in which the permit is to expire if it is satisfied that the owner or developer is maintaining a good faith intention to proceed with construction. The planning commission shall review every special use permit and the associated land use prior to the expiration of the permit and shall recommend continuance or discontinuance of the permit based on whether the activities, structures and other site characteristics satisfactorily comply with the conditions stipulated in the special use permit. This determination of the planning commission shall be forwarded to the city council with a recommended action.

(b)

The city council shall have the authority to revoke any special use permit following a hearing, after it has been proved that the holder of the permit has failed to comply with any of the applicable conditions specified in the permit. After a revocation notice has been given, the use for which the permit was granted must cease within 60 days.

(Code 1991, § 19-366; Ord. No. 83, § 16.08, 4-16-1984; Ord. No. 83.4, 2-15-1989)

No application for a special use permit which has been denied wholly or in part by the city council shall be resubmitted until the expiration of one year or more from the date of such denial, except on the grounds of newly discovered evidence or proof of changed conditions.

(Code 1991, § 19-367; Ord. No. 83, § 16.09, 4-16-1984)

The site plan, as approved, shall become part of the record of approval, and subsequent actions relative to the activity authorized shall be consistent with the approved site plan, unless a change conforming to this chapter receives the mutual agreement of the landowner and the planning commission.

(Code 1991, § 19-368; Ord. No. 83, § 16.10, 4-16-1984)

The planning commission, before making a recommendation on a special use permit application, and the city council, before acting on a special use permit application, shall employ and be guided by standards which shall be consistent with and promote the intent and purpose of this chapter, and ensure that the land use or activity authorized shall be compatible with adjacent uses of land, the natural environment and the capacities of public services and facilities affected by the land use. The land use or activity shall be consistent with the public health, safety and welfare of the city and shall comply with the following standards:

(1)

General standards. The planning commission shall review each application for the purpose of determining that each proposed use meets the following standards and, in addition, shall find adequate evidence that each use on its proposed location will:

a.

Be harmonious with and in accordance with the general principles and objectives of the master plan of the city.

b.

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

c.

Not be hazardous or disturbing to existing or future uses in the same general vicinity and will be a substantial improvement to property in the immediate vicinity and to the community as a whole.

d.

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

e.

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

f.

Be necessary to meet the intent and purpose of the zoning regulations; be related to the standards established in the ordinance for the land use or activity under consideration; and be necessary to ensure compliance with these standards.

g.

Ensure that landscaping shall be preserved in its natural state insofar as practicable by minimizing tree and soil removal, and by topographic modifications which result in maximum harmony with adjacent areas.

h.

Ensure that special attention shall be given to proper site surface drainage so that removal of stormwaters will not adversely affect neighboring properties.

i.

Ensure that all exterior lighting shall be so arranged 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.

(2)

The foregoing general standards are basic to all uses authorized by special use permit. The specific and detailed requirements set forth in division 3 of this article relate to particular uses and are requirements which must be met by those uses in addition to the foregoing general standards and requirements where applicable.

(Code 1991, § 19-369; Ord. No. 83, § 16.11, 4-16-1984; Ord. No. 83.4, 2-15-1989)

The provisions in this division apply to the uses of land listed in article V of this chapter, provided that a specific reference is made to a section in this division. The regulations contained in this division shall not be construed to override or replace any other applicable definition, condition or regulation contained elsewhere in this chapter unless specifically noted.

(Code 1991, § 19-381; Ord. No. 83, § 17(intro.), 4-16-1984)

The following provisions shall apply to multifamily dwellings and conversions of existing large single-family homes on existing lots:

(1)

Conversions of existing homes into multifamily units shall have a minimum of 500 square feet of floor area per dwelling unit. Each unit shall be provided with at least one off-street parking space.

(2)

Multifamily dwelling units shall meet the following site development standards:

a.

Maximum lot coverage shall be 35 percent.

b.

Lot size shall contain 4,000 square feet per dwelling unit.

c.

Multifamily dwellings must have an average of 750 square feet per unit. Not more than ten percent of all units in the building shall be efficiency.

(3)

All signs and off-street parking shall be in compliance with this chapter.

(Code 1991, § 19-382; Ord. No. 83, § 17.01, 4-16-1984)

(a)

Definition. The term "group housing development" means residential housing customarily known as garden apartments, terrace apartments, townhouses, row housing units, condominiums and other housing structures of similar character where two or more buildings of similar character are built on one parcel or lot.

(b)

Site development requirements.

(1)

Minimum site area. No group housing development shall be authorized with a gross site area of less than one acre.

(2)

Minimum lot area. No group housing development shall be established on a lot or parcel having a width less than 200 feet. The lot area per family or dwelling unit shall not be less than 5,000 square feet.

(3)

Maximum lot coverage. Not more than 35 percent of the net area within the property lines within a group housing project, including accessory buildings, shall be covered by buildings.

(4)

Yards. The minimum horizontal distance between buildings (front to front, rear to rear or front to rear) shall be 50 feet. The minimum horizontal distance between sides of buildings shall be not less than 20 feet.

(5)

Yard dimensions. No building shall be closer than 40 feet to any street, 50 feet to any rear property line, or 20 feet to an interior side property line. No building shall be closer than 25 feet to any street right-of-way line.

(6)

Streets and accessways. All streets and accessways, public or private, shall meet the requirements and specifications of the county road commission.

(7)

Proximity of dwelling to driveways, parking areas. No dwelling in a group housing development shall be closer to a street access drive or a parking area than 25 feet.

(8)

Signs, off-street parking. All signs and off-street parking shall be in compliance with this chapter.

(9)

Building height. Maximum height shall be 35 feet.

(Code 1991, § 19-383; Ord. No. 83, § 17.02, 4-16-1984)

(a)

Definition. The term "mobile home development" means a mobile home park or a mobile home condominium development subject to the provisions of Public Act No. 96 of 1987 (MCL 125.2301 et seq.).

(b)

Regulations and conditions.

(1)

Connection to publicly owned sanitary sewer facilities or on-site privately owned and licensed sanitary sewage disposal system is required.

(2)

The minimum gross site area shall be five acres.

(3)

The site shall be adjacent to and serviced by an all-weather public thoroughfare, as defined in this chapter.

(4)

Only the following land and/or building uses may be permitted:

a.

Mobile homes as defined in this chapter.

b.

One office space for conducting the business of the mobile home park.

c.

Utility buildings for laundry facilities and auxiliary storage space for mobile home park tenants.

d.

Recreation areas such as community buildings, playgrounds and open space for use by mobile home park tenants.

(5)

General development standards. The design and development of mobile home parks shall be subject to all current provisions of the mobile home commission general rules as adopted by the state mobile home commission.

(6)

Operating standards.

a.

The operation and business practices of mobile home parks shall be subject to all current provisions of the mobile home commission general rules as adopted by the state mobile home commission.

b.

No part of any mobile home park shall be used for nonresidential purposes, except such uses that are required for the direct servicing and well-being of park residents and for the management and maintenance of mobile home parks.

(7)

Home occupations shall be prohibited from mobile home parks.

(8)

The keeping of livestock shall be prohibited from mobile home parks.

(9)

All signs and off-street parking shall be in compliance with this chapter.

(Code 1991, § 19-384; Ord. No. 83, § 17.03, 4-16-1984; Ord. No. 83.4, 2-15-1989)

(a)

Authorization. In recognition of the many types of institutional, nonresidential functions that have been found compatible and reasonably harmonious with residential, agricultural and commercial uses, the planning commission and city council may authorize the construction, maintenance and operation in the RA-1 and RA-2 districts of certain institutional uses specified in this section.

(b)

Permitted institutional uses. Permitted institutional uses are churches, convents, cemeteries, parsonages and other housing for religious personnel, elementary and secondary schools, institutions for higher education, auditoriums and centers for social activity such as lodges and fraternal organizations.

(c)

Site development standards.

(1)

The proposed site shall be at least 40,000 square feet in size.

(2)

The proposed site shall be so located as to have at least one property line on an all-weather public thoroughfare. All ingress and egress to the site shall be directly onto the thoroughfare.

(3)

No building shall be closer than 50 feet to any street right-of-way or property line.

(4)

No more than 35 percent of the gross site area shall be covered by buildings.

(d)

Signs, off-street parking. All signs and off-street parking shall be in compliance with this chapter.

(Code 1991, § 19-385; Ord. No. 83, § 17.04, 4-16-1984)

(a)

All streets and roads shall meet the design and construction specifications of the county road commission and shall be dedicated as public thoroughfares as defined in this chapter.

(b)

Minimum lot size shall be 12,000 square feet.

(c)

All yards and setback requirements of the district in which the proposed development will be placed shall apply.

(d)

In the case where a curvilinear street pattern produces irregularly shaped lots with nonparallel side lot lines, a lesser frontage width at the street line may be permitted, and lot width will be measured at the building line.

(e)

All signs and off-street parking shall be in conformance with this chapter.

(Code 1991, § 19-387; Ord. No. 83, § 17.06, 4-16-1984)

(a)

Definition. The term "public or private park" or "commercial recreational area" means a parcel of land used for, but not limited to, playgrounds, sports fields, game courts, beaches, trails and picnicking areas for the pleasure of the general public or private groups on a commercial or noncommercial basis.

(b)

Regulations.

(1)

Minimum lot size shall be 40,000 square feet.

(2)

Frontage shall be required on a public thoroughfare.

(3)

Minimum frontage shall be 100 feet.

(4)

Children's amusement parks such as miniature golf courses and similar uses shall be completely enclosed on all sides by a wall or fence four feet in height.

(Code 1991, § 19-388; Ord. No. 83, § 17.07, 4-16-1984)

(a)

Definitions.The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Commercial garage means a building, structure or parcel of land or any portion thereof used for the repairing, cleaning, sewing, equipping, painting or diagnosing of motor vehicles when operated as a business and not necessarily required to be registered as a motor vehicle repair facility pursuant to Public Act No. 300 of 1974 (MCL 257.1301 et seq.).

Gasoline service station means a structure, building or parcel of land or any portion thereof used for the retail dispensing or sale of vehicular fuels or other flammable fuels, and including minor repair services as defined in R257.111, Michigan Administrative Code, as amended.

Parking garage means a structure, building or parcel of land or any portion thereof used for the storage or parking of motor vehicles, or boats operated as a business, and excluding minor or major repair services as defined in R257.111, Michigan Administrative Code, as amended.

(b)

Regulations and conditions.

(1)

Parking or storage of inoperative vehicles shall be completely surrounded by an opaque fence of not less than six feet in height.

(2)

Minimum frontage of 100 feet shall be required.

(3)

Minimum lot area shall be increased 500 square feet for each fuel pump unit in excess of four, and 1,000 square feet for each service bay in excess of two, and 300 square feet for each parking space intended for the storage of inoperative vehicles.

(4)

All buildings and necessary structures including gasoline pumps shall be set back 50 feet from any lot line and 75 feet from any street right-of-way line.

(5)

All equipment including hydraulic hoist, pits and oil lubrication, greasing and automobile washing, repairing equipment and body repair shall be entirely enclosed within a building. There shall be no outdoor storage of merchandise such as tires, lubricants and other accessory equipment.

(6)

All activities, except those required to be performed at the fuel pump, shall be carried on inside a building. All vehicles upon which work is performed shall be located entirely within a building.

(7)

There shall be no aboveground tanks for the storage of gasoline, liquefied petroleum gas, oil or other flammable liquids or gases.

(8)

All signs and off-street parking and loading shall be in conformance with this chapter.

(Code 1991, § 19-389; Ord. No. 83, § 17.08, 4-16-1984)

(a)

Definitions.The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Automobile salvage yard means any parcel of land used for the purpose of selling, exchanging or dealing in motor vehicle parts which requires a license from the secretary of state pursuant to Public Act No. 300 of 1949 (MCL 257.1 et seq.), specifically those operating defined as used vehicle parts dealer, a vehicle salvage pool or a vehicle scrap metal processor.

Junkyard means the same as defined in section 36-1.

(b)

Regulations and conditions.

(1)

All uses shall be established and maintained in accordance with all applicable state laws.

(2)

The site shall be a minimum of three acres in size.

(3)

The site shall have access on a major thoroughfare as defined in this chapter.

(4)

A solid fence, wall or earthen berm at least six feet in height shall be provided around the periphery of the site to screen the site from surrounding property. Such fence, wall or berm shall be of sound construction, painted or otherwise finished neatly and inconspicuously. All activities shall be confined within the enclosed area. There shall be no stocking of material above the height of the fence or wall, except that movable equipment used on site may exceed the wall or fence height. No equipment, material, signs or lighting shall be used or stored outside the enclosed area.

(5)

Industrial processes involving the use of equipment for cutting, compressing or packaging shall be conducted within a completely enclosed building.

(6)

All fenced-in areas shall be set back at least 50 feet from any front street or property line. Such front yard setback shall be planted with trees, grass and shrubs to minimize the appearance of the installation. The spacing and type of plant materials will be determined by the city council after receiving a recommendation from the planning commission.

(7)

No open burning shall be permitted and all industrial processes involving the use of equipment for cutting, compressing or packaging shall be conducted within an area screened from public view.

(8)

Whenever the installation abuts upon property within a residential district, a transition strip at least 100 feet in width shall be provided between the fenced-in area and the property within a residential district. Such strip shall contain plant materials, grass and structural screens to effectively minimize the appearance of the installation and to help confine odors therein.

(Code 1991, § 19-390; Ord. No. 83, §§ 17.09, 17.10, 4-16-1984; Ord. No. 83.4, 2-15-1989)

(a)

Definition. The term "slaughterhouse" or "meat or poultry processing plant" means a facility where livestock, poultry and/or food are brought to be slaughtered, processed and packaged.

(b)

Regulations and conditions. All regulations and conditions for the LI Light Industrial District shall apply except that:

(1)

Access shall be restricted to a city major thoroughfare only.

(2)

Minimum lot width shall be 300 feet.

(3)

Minimum lot size shall be five acres.

(4)

No animal storage facility or holding pen shall be less than 150 feet from any lot line.

(Code 1991, § 19-391)