The intent of this article 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 article 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.

(Ord. No. 844, § 2, 3-18-24)

(1)

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 section 38-158, 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.

(2)

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 XIII, site plan review. Failure to obtain site plan approval will constitute denial of the approved special land use.

(Ord. No. 844, § 2, 3-18-24)

(1)

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

(2)

The following materials shall be submitted to the city at least sixty (60) days prior to the meeting at which the planning commission first considers the special land use application:

(a)

Property owner signature.

(b)

Payment of escrow fees.

(c)

Copies of completed application forms.

(d)

Copies of a site plan meeting the requirements of Article XIII, site plan review.

(e)

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

(Ord. No. 844, § 2, 3-18-24)

(1)

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

(2)

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 section 38-294, public hearings.

(3)

The planning commission shall review the application in terms of the requirements of section 38-152, standards for approval, and shall approve, approve with conditions, or deny the application.

(Ord. No. 844, § 2, 3-18-24)

(1)

As part of any special land use approval, the planning commission can request additional studies 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 section 38-152, standards for approval, and the applicable specific regulations of section 38-158, special land use specific requirements, are met.

(2)

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

(3)

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

(4)

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.

(5)

The building official 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 article. 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 section 38-294, public hearings, and as required by this article.

(Ord. No. 844, § 2, 3-18-24)

(1)

In cases where actual physical construction of a substantial nature of the structures authorized by a special land use approval has not commenced within one (1) year 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.

(2)

Upon written application filed prior to the termination of the one-year period, the planning commission may authorize a single extension of the time limit for a further period of not more than one (1) 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.

(3)

The granting of a special land use shall allow that particular use on the subject property, as long as the standards of this article are met and continued in compliance with the approved site plan.

(4)

Any use for which a special land use approval has been granted and which ceases to continuously operate for one (1) year and there is intent to abandon the use (i.e., disconnection of utilities) shall be considered abandoned and the special land use approval shall become null and void.

(5)

No application for a special land use approval which has been denied wholly or in part shall be resubmitted for a period of one (1) 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.

(Ord. No. 844, § 2, 3-18-24)

(1)

Amendments. Any person or agency who has been granted a special land use approval shall notify the zoning administrator of any proposed amendment to the approved site plan of the special land use. The zoning administrator 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 section 38-180, 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.

(2)

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 (10) percent or greater, shall require re-submittal in the manner described in this article. 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. 844, § 2, 3-18-24)

The general standards and requirements of section 38-152, 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 section 38-152, standards for approval, and other sections of this chapter.

(1)

Automobile gasoline stations.

(a)

There shall be a minimum lot area of one (1) acre and minimum lot width of two hundred fifty (250) feet.

(b)

Pump islands shall be a minimum of forty (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.

(c)

Overhead canopies shall be setback at least twenty (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 chapter 70, 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.

(d)

Only one (1) 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.

(e)

The intensity of lighting within a site shall meet the requirements of Article XXII, lighting standards.

(f)

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 (10) feet beyond the building.

(g)

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.

(h)

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

(i)

In the event that an automobile service station's use has been abandoned or terminated for a period of more than one (1) year, all underground gasoline storage tanks shall be removed from the premises, in accordance with state requirements.

(2)

Automobile repair establishments (major repair) and automobile service establishments (routine maintenance and minor repair).

(a)

All principal and accessory structures shall be set back a minimum of five hundred (500) feet from a single-family residential district.

(b)

There shall be a minimum lot frontage on a paved road of two hundred (200) feet.

(c)

All maintenance and repair work shall be conducted completely within an enclosed building.

(d)

There shall be no outdoor storage or display of vehicle components and parts, materials, commodities for sale, supplies, or equipment.

(e)

Storage of wrecked, partially dismantled, or other derelict vehicles, or overnight parking of any vehicle except a tow truck shall be permitted in a designated area. Such area shall be appropriately screened from public view as determined by the planning commission.

(f)

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.

(g)

Any use with gasoline sales shall also meet the standards for automobile gasoline stations.

(3)

Bed and breakfast inns/Airbnb.

(a)

Parking areas shall be located off-street and shall not be located in any required front yard.

(b)

No bed and breakfast inn shall be located closer than three hundred (300) feet to another bed and breakfast inn.

(c)

Meals or other services provided on the premises shall only be available to residents, employees, and overnight guests of the inn.

(d)

The dwelling unit in which the bed and breakfast establishment is located shall be the principal residence of the operator, and such operator shall live on the premises while the establishment is active. In the case of multiple ownership, at least one (1) owner shall occupy the premises while the establishment is active.

(e)

No guest of the bed and breakfast inn shall be permitted to reside on the premises for more than thirty (30) consecutive days.

(f)

Any dwelling or structure proposed as a bed and breakfast inn must possess some historical or architectural significance that makes it a unique location for such an establishment. The exterior appearance of the bed and breakfast shall not be changed from its single-family or historic character.

(g)

No more than five (5) rooms shall be available for rent at any time.

(4)

Commercial parking lots.

(a)

A commercial parking lot may be permitted as an expansion of an existing parking lot or new construction that is abutting a principal permitted or special land use.

(b)

The applicant must demonstrate that there is an on-site parking shortage that cannot be economically resolved without expanding onto an abutting lot.

(c)

All access to the lot shall be provided from the commercial property and/or the street on which the commercial use fronts; not onto a residential (local) street.

(5)

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

(a)

Sufficient stacking capacity in accordance with Article XIX, 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.

(b)

A bypass lane shall be provided around the stacking spaces.

(c)

In addition to parking space requirements, at least three (3) 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.

(d)

Only one (1) 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.

(e)

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

(f)

Access driveways shall be located no less than one hundred (100) feet from the centerline of the intersection of any street or seventy-five (75) feet from the centerline of any other driveway.

(g)

Overhead canopies shall be set back at least twenty (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.

(h)

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

(6)

Essential public service buildings and structures.

(a)

Such facilities shall not be located closer than one hundred fifty (150) feet from any lot occupied by a residential use or located in a residential district.

(b)

Electric or gas regulator equipment and apparatus shall be set back a minimum of fifty (50) feet from any public right-of-way and thirty (30) feet from all other lot lines.

(c)

An open-air fence six (6) feet in height shall be constructed for security purposes as determined by the planning commission.

(7)

Garden centers.

(a)

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.

(b)

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

(c)

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.

(d)

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.

(e)

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

(8)

Golf courses.

(a)

Minimum size for properties involved for the use shall be forty (40) acres.

(b)

The principal and accessory buildings, including maintenance sheds, shall be set back at least seventy-five (75) feet from all property and street lines.

(c)

Accessory buildings, structures, and storage areas shall be screened on all sides from adjacent residential areas and public street rights-of-way as determined by the planning commission.

(d)

Operational hours for maintenance vehicles, course maintenance, and/or irrigation may be restricted by the planning commission to protect nearby residential districts.

(9)

Golf driving ranges and miniature golf courses.

(a)

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.

(b)

Whenever any such use abuts a residential district, a transition buffer area at least one hundred (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.

(c)

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

(10)

Hospitals.

(a)

Minimum site area shall be ten (10) acres.

(b)

The proposed site shall have at least one (1) 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.

(c)

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

(d)

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

(e)

Whenever any such use abuts a residential district, a transition buffer area of at least one hundred (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.

(f)

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 (6) feet.

(g)

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

(h)

Parking for professional and outpatient buildings, or sections of a hospital building, shall be calculated as separate uses as noted in Article XIX, 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.

(11)

Parking structures.

(a)

Any parking structure shall comply with the required setbacks and height requirements for principal buildings for the district in which it is located.

(b)

Parking structures shall be designed as integral elements of the overall site plan, taking into account the relationship to the principal building and other structures on the site.

(c)

The facade of the parking structure shall be compatible in design, color, and type of material to the principal building(s) on the site or on adjacent sites.

(d)

Vehicle access design must ensure safe and efficient traffic operation along the public or private roadway serving such structure.

(12)

Schools, including public, private, and parochial elementary, middle, and high.

(a)

At least one (1) street access shall be onto a street classified as a "major street" or "collector street" on the city's Act 51 transportation map.

(b)

All play areas adjacent to a residential district must be fenced.

(c)

Bus and automobile drop-off and pickup drives must be provided and shall be separate from, and not conflict with, through travel lanes of any street classified as a "major street" or "collector street" on the city's Act 51 map.

(13)

Theaters, cinemas, and similar places of assembly.

(a)

The principal and accessory buildings and structures shall be not be located within two hundred (200) feet of any residential district or use. Parking and other impervious surfaces shall be set back a minimum of one hundred (100) feet from any residential district or permitted use.

(b)

All uses shall be conducted completely within a fully enclosed building.

(c)

At least one (1) street access shall be onto a street classified as a "major street" or "collector street" on the city's Act 51 transportation map.

(d)

The arrangement of buildings and parking shall ensure that vehicular circulation patterns are appropriately designed and regulated to eliminate potential conflicts between traffic generated by the use, and traffic on adjacent streets and thoroughfares. The planning commission may require a traffic analysis which compares the projected trip generating capacity of the proposed development to existing and projected traffic volumes and the carrying capacity of adjacent streets. The traffic analysis shall be prepared by a firm or individual experienced in such studies.

(Ord. No. 844, § 2, 3-18-24)