The intent of this article is to provide standards for specific land uses 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, depending upon the site plan review requirements, to review and determine if the conditions have been met.

(Ord. No. 844, § 2, 3-18-24)

(1)

Prior to approving the land use, the city shall require that the proposed use meet all requirements and standards of the zoning ordinance. If all requirements and standards are met, the use is permitted by right.

(2)

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

(3)

The requirements to permit the specific use shall remain unchanged.

(4)

The building official shall make periodic investigations of the land use to ensure continued compliance with all requirements and standards imposed by this article. Noncompliance with the requirements for the land use shall constitute grounds for the zoning administrator to terminate the approval.

(Ord. No. 844, § 2, 3-18-24)

(1)

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.

(2)

Upon written application filed prior to the termination of the eighteen (18)-month period, the city may authorize a single extension of the time limit for a further period of not more than eighteen (18) 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 eighteen (18)-month extension.

(3)

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

(Ord. No. 844, § 2, 3-18-24)

Specific 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.

The following are specific land uses that have specific standards which are described on the following pages:

Specific Site Development Requirements

Automobile washes, automatic or self-service (subsection 38-144(1))

Automobile or vehicle dealerships (subsection 38-144(2))

Bars, taverns, lounges, microbreweries (accessory), and brewpubs (subsection 38-144(3))

Funeral homes and mortuary establishments (subsection 38144(4))

Kennels (subsection 38-144(5))

Mini- or self-storage warehouses (subsection 38-144(6))

Outdoor retail display and sales (subsection 38-144(7))

Pet boarding facilities (subsection 38-144(8))

Restaurants with an open front window (subsection 38-144(9))

Small manufacturing establishment (subsection 38-144(10))

Veterinary hospitals (subsection 38-144(11))

Marijuana provisioning centers (subsection 38-144(12))

(1)

Automobile washes, automatic or self-service.

(a)

Only one (1) ingress/egress driveway shall be permitted on any single street.

(b)

Where adjoining residentially zoned or residentially used property a decorative masonry wall six (6) feet in height shall be erected along any common lot line. Such wall shall be continuously maintained in good condition. The planning commission may approve a fence, landscaped berm, or landscaping as an alternative.

(c)

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

(d)

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 fifty (50) feet from any residential district. Such areas shall be screened with obscuring landscaping as determined by the planning commission.

(e)

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

(2)

Automobile or vehicle dealerships.

(a)

Outdoor storage of automobiles or vehicles for sale shall not be permitted in any required front or side yard.

(b)

All parking, display and outdoor storage areas shall be paved with a permanent and durable surface. Curbing around all parking, display and storage areas shall be provided.

(c)

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

(d)

Exterior lighting shall be fully shielded and directed downward to prevent off-site glare. The intensity within a site shall not exceed twenty (20) footcandles within the site for or one (1) footcandle at the property line, except where it abuts a residentially used or zoned site, whereby a maximum of ten and one-half footcandles is permitted for vehicle storage areas.

(e)

Flags, banners, streamers, and inflatables, shall not be permitted unless approved by the planning commission.

(3)

Bars, taverns, lounges, microbreweries (accessory), and brewpubs.

(a)

The principal building shall be setback at least fifty (50) feet from a residential district (does not apply in the central business district, (CBD)).

(b)

Noise shall not be a nuisance outside of the building, in accordance with section 38-48, performance standards, and other city ordinances.

(c)

Outdoor seating must meet the requirements of section 38-52, outdoor seating for restaurants and cafes.

(4)

Funeral homes and mortuary establishments.

(a)

Minimum lot area shall be one-third acre and minimum lot width shall be one hundred (100) feet.

(b)

An off-street vehicle assembly area shall be provided to be used in support of funeral processions and activities. This area shall be in addition to the required off-street parking and its related maneuvering area.

(5)

Kennels.

(a)

For kennels with outside dog runs, the minimum lot size shall be one-half acre for the first three (3) dogs and an additional one-third acre for each one (1) additional dog run and enclosure.

(b)

Buildings wherein dogs are kept, dog runs, and/or exercise areas shall not be located closer than seventy-five (75) feet to any lot line and one hundred (100) feet from any road right-of-way.

(c)

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).

(d)

All enclosures for breeding, rearing, shelter, or other uses in connection with harboring of animals, shall be hard surfaces and provided with proper drains.

(e)

A kennel may be permitted as an accessory use to a veterinary office, clinic, or hospital. Such accessory use shall be subject only to the special land use standards of the veterinary use.

(6)

Mini- or self-storage warehouses.

(a)

Minimum lot size shall be three (3) acres.

(b)

Minimum building and parking setbacks shall be fifty (50) feet from any public street right-of-way line, fifty (50) feet from any residential district and twenty-five (25) feet from any nonresidential zoning district.

(c)

The front yard visible from a public right-of-way and any side or rear yards adjacent to residential districts shall include wrought iron or similar decorative fencing and landscaping as determined by the planning commission.

(d)

The storage units shall be screened from all abutting properties through the use of landscaping and/or walls.

(e)

Building design and materials shall be compatible with the existing and intended character of the area. Building facades facing a right-of-way must consist of decorative split face block or brick, as approved by the planning commission. All roofs must be pitched.

(f)

No storage unit doors shall face a public right-of-way. Walls, fences, and landscaping as determined by the planning commission may be utilized to obscure views of doors from the public right-of-way.

(g)

All storage shall be completely within enclosed buildings or structures, unless a separate special land use approval is granted for commercial outdoor storage on the premises, in accordance with subsection 38-144(7), outdoor retail, display, and storage.

(h)

Buildings shall be limited to storage only.

(7)

Outdoor retail display and sales.

(a)

Unless accessory to an approved retail business, an enclosed building of at least five hundred (500) square feet of gross floor area for office and sales use is required.

(b)

Displays shall be placed against the front wall of the principal building and shall not extend more than forty-eight (48) inches from the building Facade; provided that where there is a pedestrian sidewalk in front of the display, it shall remain unobstructed for a continuous width of at least forty-eight (48) inches.

(c)

Displays shall be no taller than five (5) feet high and shall not be longer than twenty (20) feet or the length of the store's Facade, whichever is less.

(d)

Displays shall not interfere with fire lanes.

(e)

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

(f)

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

(g)

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.

(8)

Pet boarding facilities.

(a)

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.

(b)

The lot shall be at least two (2) acres in size.

(c)

Up to five (5) percent of the floor area may be used for accessory retail sales.

(d)

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

(e)

An outdoor play area is allowed with the following restrictions:

1.

Any outdoor play area shall not be any closer than fifty (50) feet from a residential zoning district.

2.

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

3.

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

4.

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

5.

Pets shall not be permitted to remain outdoors overnight.

(9)

Restaurants with an open front window.

(a)

Trash receptacles shall be provided and maintained on the property.

(b)

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 20, Signs.

(c)

Outdoor seating may be provided when meeting the requirements of section 38-47, outdoor seating for restaurants and cafes.

(d)

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

(10)

Small manufacturing establishment.

(a)

In the central business district permitted by right, subject to the following:

1.

Establishment occupies less than one thousand five hundred (1,500) square feet and has not more than ten (10) employees.

2.

May not include bulk storage of flammable materials.

3.

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

4.

The emission of odor or noise must be mitigated.

5.

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

6.

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

7.

Must have a public entrance directly from the street.

(b)

In the general business district permitted by right, subject to the following:

1.

Establishment occupies less than three thousand (3,000) square feet and has not more than twenty (20) employees.

2.

May not include bulk storage of flammable materials.

3.

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

4.

The emission of odor or noise must be mitigated.

5.

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

(11)

Veterinary hospitals.

(a)

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

(b)

The principal buildings or structures shall be set back at least fifty (50) feet from the front property line; and at least one hundred (100) feet from any property line abutting a residential district or use on the same side of the street, and at least seventy-five (75) feet from all other property lines.

(c)

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

(d)

Parking lots shall be set back at least fifty (50) feet from a residential district or use, and shall be screened by a wall at least four (4) feet high with landscaping on the exterior side of the wall. The planning commission may permit a landscaped berm or dense landscape buffer as an alternative to the wall.

(e)

All principal use activities shall be conducted within a totally enclosed principal building; no outdoor animal enclosures or runs are permitted.

(f)

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.

(g)

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).

(h)

All waste disposal shall meet the requirements of the health department of the State of Michigan.

(12)

A marihuana provisioning center as authorized by the city's medical marihuana facilities licensing — police power authorizing ordinance.

(a)

Provisioning centers shall be subject to the following standards:

1.

Hours. A provisioning center may only sell to consumers or allow consumers to be present in the building space occupied by the provisioning center between the hours of 8:00 a.m. and 9:00 p.m.

2.

Contactless or limited contact transactions. A marihuana provisioning center may designate an area for contactless or limited contact transactions either by curbside service or a drive through window service. Contactless or limited contact transactions must be completed during normal business hours. Marihuana being transferred during a contactless or limited contact transaction must be in an opaque bag and the contents must not be visible to the general public upon pick up.

3.

Other activities. Marihuana and tobacco products shall not be smoked, ingested, or otherwise consumed in the building space occupied by the provisioning center.

4.

Nonconforming uses. A provisioning center may not locate in a building in which a nonconforming retail use has been established in any district.

5.

Physical appearance. The exterior appearance of the structure shall remain compatible with the exterior appearance of structures already constructed or under construction within the immediate area, and shall be maintained so as to prevent blight or deterioration or substantial diminishment or impairment of property values within the immediate area.

6.

Buffer zones. A provisioning center may not be located within the distance specified from the uses below as determined by the city. Distance shall be measured as stipulated in the Michigan Liquor Control Act.

a.

A provisioning center may not be located within two hundred (200) feet of the real property comprising or used by a public or private elementary, vocational, or secondary school. The distance between the school building and the provisioning center must be measured along the center line of the street or streets of address between two (2) fixed points on the center line determined by projecting straight lines, at right angles to the center line, from the part of the school building nearest to the provisioning center and from the part of the provisioning center nearest to the school building.

b.

A provisioning center may not be located within one hundred (100) feet of a residentially zoned structure. The distance between the residential zoned structure and the provisioning center must be measured along the center line of the street or streets of address between two (2) fixed points on the center line determined by projecting straight lines, at right angles to the center line, from the part of the residentially zoned structure nearest to the provisioning center and from the part of the provisioning center nearest to the residentially zoned structure.

c.

A provisioning center may not be located within one hundred (100) feet of a vacant residentially zoned parcel. The distance between the residential zoned vacant parcel and the provisioning center must be measured along the center line of the street or streets of address between two (2) fixed points on the center line determined by projecting straight lines, at right angles to the center line, from the intersection of the minimum front or rear yard and side yard setback requirement nearest to the provisioning center and from the part of the provisioning center nearest to the intersection of the minimum front or rear yard and side yard setback requirement.

d.

No parcel containing a medical marijuana provisioning center shall be located within one hundred (100) feet of a parcel on which another medical marijuana provisioning center is located. The distance between two (2) medical marijuana provisioning centers must be measured along the center line of the street or streets of address between two (2) fixed points on the center line determined by projecting straight lines, at right angles to the center line, from the nearest part of each provisioning centers to the other provisioning center.

7.

Odor. As used in this subsection, building means the building, or portion thereof, used for a provisioning center.

a.

The building shall be equipped with an activated carbon filtration system for odor control to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter.

b.

The filtration system shall consist of one (1) or more fans and activated carbon filters. At a minimum, the fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three (3). The filter(s) shall be rated for the applicable CFM.

c.

The filtration system shall be maintained in working order and shall be in use. The filters shall be changed a minimum of once every three hundred sixty-five (365) days.

d.

Negative air pressure shall be maintained inside the building.

e.

Doors and windows shall remain closed, except for the minimum time length needed to allow people to ingress or egress the building.

f.

An alternative odor control system is permitted if the special use applicant submits and the municipality accepts a report by a mechanical engineer licensed in the state demonstrating that the alternative system will control odor as well or better than the activated carbon filtration system otherwise required. The municipality may hire an outside expert to review the alternative system design and advise as to its comparability and whether in the opinion of the expert it should be accepted.

(Ord. No. 844, § 2, 3-18-24)