The intent of this article is to provide for specific regulations which apply to special land uses. The regulations set forth in the article are in addition to the standards and procedures set forth in the various zoning districts.

(Ord. of 10-6-03; Ord. No. 2014-02, § 2, 1-6-14)

(a)

Application. Applications for special use permits authorized in this chapter shall be submitted to the building official on a form provided by the city. In addition to a complete application form, the applicant is required to submit a site plan prepared in accordance with article XX, site plan review.

(b)

Procedures.

(1)

The building official shall review the proposed application and site plan to determine if all required information has been supplied, and, forward the completed application, site plan, and supporting data to the city planning commission or city commission depending on the special use permit being requested. Any request for a special use permit made pursuant to section 78-297 of this chapter shall be approved by the city commission only.

(2)

Upon receipt of the application for a special use permit, the planning commission or city commission, as specified, shall hold a public hearing in accordance with the notification requirements described hereafter.

A notice of the public hearing shall be published in at least one newspaper of general circulation and sent by mail or personal delivery to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.

The notice shall be given not less than five days or more than 15 days before the date the application will be considered. The notice shall describe the property in question and the nature of the special use permit request; state the time, date, and location of the public hearing; and, indicate when and where written comments will be received concerning the request.

(3)

Upon conclusion of the public hearing procedures, the planning commission or city commission, as specified, may issue a special use permit. Upon approval of a special use, the planning commission or city commission, as specified, may consider the site plan. A copy of the planning commission's or city commission's decision, with any conditions or reasons for rejection, shall be sent promptly to the building official and to the applicant.

(c)

Basis of determinations. The planning commission or city commission, as specified, shall review the proposed special use in terms of the standards stated within this chapter and shall establish that such use and the proposed location:

(1)

Will be harmonious and in accordance with the general objectives or any specific objectives of the City of Plymouth Master Plan.

(2)

Will 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 will not change the essential character of the area.

(3)

Will not be hazardous or disturbing to existing or future nearby uses.

(4)

Will be compatible with adjacent uses of land and will promote the use of land in a socially and economically desirable manner.

(5)

Will be served adequately by essential public services and facilities or that the persons responsible for the establishment of the proposed use will provide adequately any such service or facility.

(6)

Will not create excessive additional public costs and will not significantly decrease property values of surrounding properties.

(7)

Will meet all the requirements and standards of this chapter and any other applicable laws, standards, ordinances, and/or regulations.

(d)

Conditions and safeguards. The planning commission or city commission, as specified, may impose such additional conditions and safeguards deemed necessary for the general welfare, for the protection of individual property rights, and for insuring that the purposes of this chapter and the general spirit and purpose of the district in which the special use is proposed will be observed. Such conditions shall conform to the standards found in Act 110 of 2006, as the same may be amended or superseded from time to time. The planning commission or city commission, as specified, may summarize the conditions of approval on a form issued by the building official which shall be signed by the chairperson of the planning commission or mayor and the applicant.

(e)

Voiding and extensions of permit. Unless otherwise specified by the planning commission or city commission, as specified, any special use permit granted under this section shall be null and void unless the property owner shall have made application for a building permit within one year from the date of the granting of the permit. The building official shall give notice by certified mail to the holder of a permit that is liable for voiding action before voidance is actually declared. Said notice shall be mailed to the permit holder at the address indicated in said permit. Within 30 days of receipt of notice of voiding of the permit, the applicant shall have the right to request an extension of the permit from the planning commission or city commission, as specified. The planning commission or city commission, as specified, may grant an extension thereof for good cause for a period not to exceed six months.

(f)

Reapplication. No application for a special use permit which has been denied wholly or in part shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or change of conditions found to be sufficient to justify reconsideration by the planning commission or city commission, as specified.

(g)

Revocation of a special use permit. A special use permit may be suspended or revoked according to the following procedure:

(1)

Conditions which may give rise to a suspension or revocation proceeding include, but are not limited to, the following:

a.

The special approval use was not constructed in conformance with the approved plans, or the property is not being used in conformance with the approved special use; or the approved special use is not operational within two years of the date of special use approval; or

b.

Compliance with the special use permit and any conditions have not been consistently demonstrated and administrative attempts to secure compliance have been unsuccessful; or

c.

The special use permit is issued erroneously on the basis of incorrect or misleading information supplied by the applicant and/or his agent; or

d.

The operation of the use granted by special use permit has created a risk or danger to the public health, safety, or welfare; or

e.

The special use is a violation of any provisions of this chapter or other city, county, state or federal regulations.

(2)

If the building official, community development director or designee determines that a condition for suspension or revocation of the special use permit exists, the building official, community development director or designee shall prepare a report in writing specifying the specific factual details for the violation and which support the suspension or revocation of the special use permit.

(3)

The building official, community development director or designee shall file the report so prepared with the city manager, who shall provide a copy to the city commission and serve a copy of such report upon the permitee or its authorized agent or employee personally or by regular mail and certified mail, return receipt requested.

(4)

After the city manager submits the report to the city commission, the city clerk shall schedule a hearing within a reasonable period of time after city commission's receipt of the report to consider the alleged violation. Notice of the hearing(s) shall be served by the city clerk upon the permitee or its authorized agent or employee personally or by regular mail and certified mail, return receipt requested not less than seven (7) days before a scheduled hearing date, and such notice shall advise the permitee of its right to be represented by legal counsel at the hearing before the city commission.

(5)

At all such hearing, the permitee shall have the legal right to defend against the allegations made by way of confronting any adverse witnesses, by being able to present witnesses in his/her behalf, by being allowed to present arguments, personally or through legal counsel in his/her own behalf.

(6)

The city commission shall prepare a written statement of its findings within 30 days of the conclusion of all such hearings and shall serve such findings upon the permitee either personally or by regular mail and certified mail, return receipt requested. If the city commission decides that the special use permit shall be suspended or revoked, the permitee shall not thereafter conduct, operate or carry on the business or use for which the special use permit was granted.

(Ord. of 10-6-03; Ord. No. 2014-02, § 2, 1-6-14)

In the development and implementation of this section, it is recognized that there are certain uses, which by their very nature are recognized as having serious objectionable operational characteristics (particularly when several of them are concentrated in a small area), thereby having a deleterious effect on surrounding neighborhoods. Regulation of the location of these uses is necessary to ensure that the adverse effects of such businesses will not cause or contribute to the blighting or downgrading of the city's residential neighborhoods or commercial centers. The proximity of adult 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 affect on the surrounding area. It is the intent of this section to provide reasonable regulations for the establishment of adult regulated uses in a viable, accessible location where the adverse impact of their operations may be minimized.

The permitted or special approval uses permitted in any given zoning district, and listed below, shall be subject, unless otherwise required by the planning commission, to all the following conditions and regulations regarding site development.

(a)

Definitions for adult regulated uses. The following uses are regulated by this subsection.

(1)

Adult entertainment business. One or a combination of more than one of the following types of businesses: adult bookstore, adult motion picture theater, adult mini-motion theater, adult personal service business, adult novelty business, or adult nightclub.

(2)

Adult book or supply store. An establishment having as a principle activity the sale of books, magazines, newspapers, 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.

(3)

Adult motion picture theater. An enclosed building with a capacity of 50 or more persons having as a principal activity displaying motion pictures characterized by their emphasis on portrayals of human genitals and pubic regions or acts of human masturbation, sexual intercourse or sodomy for observation by patrons therein.

(4)

Adult mini-motion picture theater. An enclosed building having as a principal activity the presenting of material characterized by emphasis of portrayals of human genitals and pubic regions or acts of human masturbation, sexual intercourse or sodomy for observation by patrons therein in individual viewing booths.

(5)

Adult novelty business. A business which has a principal activity the sale of devices of simulated human genitals or devices designed for sexual stimulation.

(6)

Adult personal service business. A business which has as a principle activity a person, while nude or partially nude, providing personal services for a person on an individual basis in a closed room. It includes, but it is not limited to, the following activities and services; massage parlors, exotic rubs, modeling studios, body painting studios, wrestling studios, individual theatrical performances. It does not include activities performed by persons pursuant to, and in accordance with, licenses issued to such persons by the State of Michigan.

(7)

Adult night club. A business with the principal activity of providing entertainment by nude or partially nude performers.

(8)

Principal activity. A use accounting for more than 20 percent of a business' stock in trade, display space, floor space, live entertainment time or movie display time per year.

(b)

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

(1)

At least 1,000 feet from any other adult regulated use;

(2)

At least 500 feet from all churches, convents, temples and similar religious institutions;

(3)

At least 500 feet from all public, private or parochial nurseries, primary or secondary schools, playgrounds, licensed child care facilities, and hospitals;

(4)

At 500 feet from any one-family or multiple-family residential district or use;

(5)

At 500 feet from any pool or billiard hall, coin-operated 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 frequented by children and teenagers.

(c)

Special site design standards.

(1)

Maximum size of the building shall be 3,000 square feet.

(2)

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

(3)

Adult regulated uses shall be located within a free-standing building. A shared or common wall structure or shopping center is not considered to be a free-standing building.

(4)

The color of the building materials shall be subject to approval by the planning commission.

(5)

A 4½ foot high brick or masonry wall shall be constructed to screen the parking lot from the adjacent public rights-of-way. The planning commission may permit use of landscaping in place of a wall.

(6)

No person shall reside in or permit any person to reside in the premises of an adult regulated use.

(7)

No person operating an adult regulated use shall permit any person under the age of 18 to be on the premises of said use either as an employee or customer.

(8)

Adult regulated uses shall comply with all applicable federal, state, and local licensing regulations. Initial and annual proof of such compliance shall be a condition of special use approval and the continuance thereof and shall be in accordance with this section.

(Ord. of 10-6-03)

Drive-in or drive-through restaurants subject to the following conditions:

(1)

The main and any accessory building shall be setback 50 feet from any adjacent public right-of-way line or property line.

(2)

Such restaurants constructed adjacent to other commercial developments shall have a direct vehicular access connection where possible.

A six foot high obscuring wall, fence or landscaping shall be provided along any property line adjacent to a residential zoning district.

(Ord. of 10-6-03)

Bed and breakfast operations shall further be subject to the following:

(1)

Such dwellings shall meet all applicable codes and ordinances of the city, county and state.

(2)

Floor plans drawn to scale of all floors to be utilized for bed and breakfast activities shall be submitted to the city.

(3)

Buildings shall be suitable in character for the use proposed and shall not be cause for a change in character of the neighborhood.

(4)

The dwelling shall be a building with not more than six sleeping rooms available for guests of the bed and breakfast dwelling.

(5)

There shall be no separate cooking facilities provided for the bed and breakfast occupants. Meals, other than those served as a part of the normal operation of the household, shall be served only to occupants of the bed and breakfast facility.

(6)

Approved smoke detectors shall be provided in individual sleeping units and in common hallways.

(7)

Emergency egress lighting to assure continued illumination for a duration of not less than one hour in case of emergency or primary power loss.

(8)

An approved fire extinguisher in the common hallway accessible to all occupants.

(9)

Every sleeping unit shall have at least one operable window approved for emergency egress or rescue, except where the sleeping unit is provided with a door to a corridor having access to two remote exits in opposite directions.

(10)

Occupancy shall be of a transient nature for periods not to exceed one week in duration in any one month by any transient occupant. A guest registry indicating name, address, phone number, vehicle license number, shall be kept indicating dates of arrival and departure of guests and shall be available to the city for inspection upon request.

(11)

One unlighted wall sign not exceeding six square feet in area may be provided. Such wall sign shall not be an awning, changeable copy or channel letter sign. Bed and breakfast operations shall not be permitted freestanding signs.

(12)

Off-street parking shall be provided based upon one space for each rental room and one space for the operator of the facility. It is the city's intent to not encourage yards to be destroyed, landscaping removed or the integrity of the neighborhood altered in order to provide parking. In those instances where parking requirements cannot be met, the applicant may request special consideration from the planning commission. In such a case the applicant shall submit an analysis of parking required and parking provided within a 300-foot radius of the subject parcel. After analyzing this data, the planning commission may lower the number of the required parking spaces based on the fact that sufficient off-street parking exists in the neighborhood.

Such bed and breakfast dwelling shall not be located within 200 feet as measured from the nearest property lines, of another such facility.

(Ord. of 10-6-03; Ord. No. 2020-01, 3-2-20)

Automobile service stations and auto convenience marts shall be subject to the following conditions:

(1)

The curb cuts for ingress and egress to a service station shall not be permitted at such locations that tend to create traffic hazards on the streets immediately adjacent thereto. Entrances shall be no less than 25 feet from a street intersection (measured from the road right-of-way) or from adjacent residential districts.

(2)

The minimum lot area shall be 20,000 square feet, and as nearly rectangular as possible, and so arranged that ample space is available for motor vehicles which are required to wait for services.

(3)

Automobile service stations shall only be permitted at the intersection of at least one major thoroughfare with a local street or street of more intense classification and at freeway interchanges.

(4)

Maximum number of automobile service stations at any intersection shall not exceed two which should be situated diagonally from each other.

(5)

Automobile service stations shall not be located within 500 feet of any school.

(6)

Automobile service stations shall not be situated at any intersection where the approach gradient of either street exceeds two percent.

(7)

All lighting shall be shielded from adjacent residential districts and street right-of-ways.

(8)

Pump islands shall be a minimum of 25 feet from any public right-of-way or lot line. Overhead canopies shall be setback at least 15 feet from the public right-of-way.

(9)

Outside storage shall be limited to small quantities of oil and other supplies needed for servicing at the pumps. Retail sale items such as soda pop, windshield solvent, landscape mulch or other merchandise shall not be displayed or sold outside. Vehicles which are awaiting service shall remain on-site for not more than 72 hours. No outside storage of tires and other parts and accessories and partly dissembled or junked vehicles shall be allowed. All repair work shall be conducted completely within an enclosed building.

(10)

Full service islands or attendant filling services shall be made available.

(11)

Tow trucks or other commercial vehicles that are on the premises for reasons other than typical customer activity shall be parked in non-required parking spaces and should not be parked in such a manner to be used as an advertisement.

(12)

The exterior of the main building shall be harmonious with its surroundings and shall include some brick, stone, wood, or other masonry finished building materials other than glass and metal. The canopies shall be designed within a minimum height of 12 feet, and a maximum height of 15 feet, and the building design, including finished construction shall be related to or directly match the finish building materials and architectural style of the main building.

(13)

The outdoor use of any electronic or enhanced sound or public announcement system shall be limited to the hours of 8:00 a.m. and 6:00 p.m. Such a system shall not be directed toward adjacent residentially zoned or used property, and shall generally not present an unreasonable disturbance to the neighborhood in which it is located.

(14)

Landscaping shall be at least 15 percent of the site, and should be designed in such a manner as to provide proper screening of on-site vehicles and paved surfaces and provide beautification on the site. The landscaping should include acceptable live plant, shrub, and tree specimens that will mitigate the view of headlight glare and as permitted in section 78-203, landscape design standards.

(15)

The installation and use of an oil-water separator with monitoring capabilities in the facility's stormwater management system shall be required, as well as the use of best management practices for pollution prevention for automobile filling/service operations, in order to protect surface water and groundwater quality.

(Ord. of 10-6-03)

Garden centers, nurseries and commercial outdoor storage.

(1)

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

(2)

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

(3)

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

(Ord. of 10-6-03)

Outdoor sales space for the exclusive sale of new/used automobiles or house trailers subject to the following:

(1)

All lighting shall be shielded from adjacent residential districts.

(2)

Ingress and egress to the outdoor sales area shall be at least 60 feet from the intersection of any two streets.

(3)

A four-foot, six-inch obscuring wall or fence must be provided when abutting or adjacent districts are zoned for residential use.

(4)

No major repair or major refinishing shall be done on the lot.

(5)

Minor repair or refinishing shall be done within a completely enclosed building.

(6)

No loudspeakers for outdoor broadcasting shall be permitted.

(Ord. of 10-6-03)

Motel and hotel subject to the following:

(1)

Provided that it can be demonstrated that ingress and egress do not conflict with adjacent business uses.

(2)

A four-foot, six-inch obscuring wall or fence must be provided where abutting or adjacent districts are zoned for residential use.

(3)

No kitchen or cooking facilities are to be provided, with the exception of units for the use of the manager or caretaker.

(4)

Each unit shall contain not less than two 250 square feet of floor area.

(Ord. of 10-6-03)

Commercially used outdoor recreational space for children's amusement parks, miniature golf courses, subject to the following:

(1)

Children's amusement park must be fenced on all sides with a four-foot, six-inch wall or fence.

(2)

Adequate parking shall be provided off the road right-of-way and shall be fenced with a four-foot, six-inch wall or fence where adjacent to the use.

(Ord. of 10-6-03)

Funeral homes provided that the plan shall provide for adequate off-street assembly area for vehicles to be used in funeral processions, provided further that such assembly area shall be provided in addition to any required off-street parking area. A caretaker's residence may be provided within the building of a mortuary establishment

(Ord. of 10-6-03)

Automobile car wash subject to the following:

(1)

All buildings shall have a front yard setback of not less than 40 feet.

(2)

All washing facilities shall be within a completely enclosed building.

(3)

Vacuuming and drying areas may be located outside the building but shall not be in the required front yard and shall not be closer than 100 feet from any residential district. Noise from vacuuming or blow drying equipment shall be controlled by appropriate enclosures or sound barrier walls. All noise from such equipment shall comply with the city's noise ordinance.

(4)

All cars required to wait for access to the facilities shall be provided space off the street right-of-way and parking shall be provided in accordance with sections 78-271 and 78-272.

(5)

Ingress and egress points shall be located at least 60 feet from the intersection of any two streets.

(6)

All off-street parking and waiting areas shall be paved with concrete and dust free.

(7)

All lighting shall be shielded and directed away from adjacent residential districts.

(8)

A four-foot, six-inch completely obscuring wall shall be provided where abutting to a residential district.

(Ord. of 10-6-03)

Amusement arcades which provide space for patrons to engage in playing mechanical amusement devices or similar activities subject to the following:

(1)

Locations for any such establishment shall be confined to major thoroughfares as defined in the future land use plan and shall have the entrance to both the business and parking area for such establishment on the business street. Access from a street other than a major thoroughfare shall be prohibited.

(2)

Locations for any such facility shall be no closer than 500 feet to the property line of any elementary, intermediate or high school.

(3)

No such business shall be located within 500 feet of the property line of a similar business.

(4)

No such business building shall be located within 500 feet of any front, rear or side yard line of any residential district.

(5)

Off-street parking areas shall be developed in accord with all of the provisions of section 78-271 et seq.

(Ord. of 10-6-03)

(a)

Open storage facilities for materials or equipment shall be screened.

(b)

That portion of the land used for open storage facilities for materials or equipment shall be totally obscured by a masonry wall, berm or greenbelt on those sides abutting residential, office or business districts, and on any yard abutting a public thoroughfare. The extent of such a wall, berm or greenbelt shall be determined by the planning commission on the basis of usage. Such a wall, berm or greenbelt shall not be less than six feet in height and may, depending upon land usage, be required to be eight feet in height and shall be subject further to the requirements of section 78-206.

(c)

Shrub planting shall be installed abutting the wall on those sides exposed to public view from a public street within six months from the date of issuance of a certificate of occupancy. All planting plans shall meet the requirements of section 78-203 and shall be subject to the approval of the planning commission. Planting areas shall be subject to yearly inspection for maintenance and for compliance with the intent of this section.

(Ord. of 10-6-03)

(a)

Child care center.

(1)

Child care centers may be permitted in all zoning districts, except single-family residential and industrial districts, subject to the following minimum standards:

a.

Operator must be licensed by the Michigan Department of Social Services.

b.

A compliance permit must be obtained from the building department before operation commences and compliance must be continuous, and the compliance permit must be renewed annually.

c.

Site plan approval by the planning commission must be obtained.

d.

Outdoor play areas shall be fenced, and such play areas shall be made and kept safe by the care-givers.

e.

Maintenance of the property consistent with the visible characteristics of the neighborhood.

f.

A child care center shall comply with all fire and traffic safety standards set by the Michigan Department of Social Services and the City of Plymouth as determined by the chief of police and fire chief.

g.

Care-givers shall maintain control of noise to protect the surrounding neighborhood.

h.

All day care centers shall be currently registered with the 911 dispatch center on forms provided by said center.

i.

No person other than the licensee or his/her immediate family may reside on the licensed property. No one need reside on the premises.

j.

License holder and all employees shall be subject to a background check and approval by the chief of police.

(2)

The fees to be charged in connection with applications for day care center permits and renewals thereof shall be established by resolution of the city council and shall be based on the cost of inspection and administration.

(3)

The child care center compliance permit shall be issued for a period of one year only. Written renewal request must be made 30 days prior to expiration. After the first year, a follow up 300-foot notice will be sent if there has been a substantiated written complaint. No subsequent annual notices will be sent, unless deemed necessary by the building official. An annual inspection will be made in November of each year to assure compliance with this chapter. After request and inspections are complete and there are no substantiated complaints on file, the zoning or code official can renew at that time. Permits are valid from November 1 to October 31 of each year.

(4)

No compliance permit for a day care center shall be issued or renewed if the applicant has failed to file an annual personal property statement with the city assessor covering the property used in connection with said day care center, as required by law, or has failed to pay the personal property tax assessed on said personal property.

(5)

The city permit to operate may be revoked at any time conditions at the home become such that allowing continued operation could prove to be detrimental to the health, safety or welfare of the children. Appeals to this section will be before the zoning board of appeals as provided for in the Code.

(b)

Group day care home.

(1)

Group day care homes may be permitted in single-family residential districts subject to the following minimum standards:

a.

A compliance permit must be obtained from the building department before operation commences and compliance must be continuous, and the compliance permit must be renewed annually.

b.

A group day care home shall not be located closer than 500 feet to any of the following:

1.

Another licensed group day care home.

2.

An adult foster care small group home or large group home licensed under the Adult Foster Care Facility Licensing Act, Act No. 218 of the Public Acts of 1979, being Sections 400.701 to 400.737 of the Michigan Compiled Laws.

c.

Outdoor play areas shall be in rear yards only and such rear yards shall be made and kept safe by the care-givers.

d.

Maintenance of the property consistent with the visible characteristics of the neighborhood.

e.

Signage shall not be allowed.

f.

A group day care home shall comply with all fire and traffic safety standards set by the Michigan Department of Social Services and the City of Plymouth as determined by the chief of police and fire chief. Parking shall be in accordance with section 78-270 in addition to residential parking requirement of two spaces.

g.

Care-givers shall maintain control of noise to protect the surrounding neighborhood.

h.

All group day care homes shall be currently registered with the 911 dispatch center on forms provided by said center.

i.

License holder shall be the owner of the premises and shall reside thereon.

j.

License holder and employees shall be subject to a background check and approval by the chief of police.

(2)

The fees to be charged in connection with applications for home group day care permits and renewals thereof shall be established by resolution of the city council and shall be based on the cost of inspection and administration.

(3)

No compliance permit for a group day care home shall be issued or renewed if the applicant has failed to file an annual personal property statement with the city assessor covering the property used in connection with said group day care home, as required by law, or has failed to pay the personal property tax assessed on said personal property.

The group day care compliance permit shall be issued for a period of one year only. Written renewal request must be made 30 days prior to expiration. After the first year, a follow up 300-foot notice will be sent if there has been a substantiated written complaint. No subsequent annual notices will be sent, unless deemed necessary by the building official. At the time of renewal an annual inspection will be made to assure compliance with the ordinance. After request and inspections are complete and if there are no substantiated complaints on file, the zoning or code official can renew the permit.

(Ord. of 10-6-03)

(a)

Intent. It is the intent of this section to establish standards for adult foster care facilities which will insure compatibility with adjacent land uses and maintain the character of the neighborhood.

(b)

Application of regulations.

(1)

A state licensed adult foster care small family serving six persons or less shall be considered a residential use of property and a permitted use in all residential districts.

(2)

The city may, by issuance of a special land use permit, authorize the establishment of adult foster care group homes serving more than six persons in the following zoning districts: R-1, RT-1, RM-1, and RM-2. Such facilities shall be prohibited in all other districts.

(3)

The city may, by issuance of a special use permit, authorize the establishment of an adult foster care congregate facility in the following zoning districts: RM-1 and RM-2. Such facilities shall be prohibited in all other districts.

(c)

Standards for adult foster care group homes. Such homes shall be considered as a special land use subject to the requirements and standards of section 78-281 and the following additional standards:

(1)

A site plan, prepared in accordance with Article XX shall be required to be submitted.

(2)

The subject parcel shall meet the minimum width and set back area, requirements for the zoning district in which it is located, provided there is a minimum site area of 1,500 sq. ft. per adult, excluding employees and/or care givers.

(3)

The property is maintained in a manner that is consistent with the character of the neighborhood.

(4)

One off-street parking space per employee and/or caregiver shall be provided.

(5)

In its sole discretion, the city may determine that landscape screening in accordance with section 78-206 is required.

(6)

Appropriate licenses with the State of Michigan shall be maintained.

(7)

Be so constructed, arranged, and maintained as to provide adequately for the health and safety and welfare of all occupants.

(8)

The atmosphere and routine shall be that a resident may spend the majority of his non-sleeping hours outside his bedroom.

(9)

A toilet, lavatory and bathing or showering facility shall be provided for each six persons. At least one toilet and lavatory shall be provided on each floor having resident bedrooms.

(10)

Provide distinct living and sleeping areas. All areas shall be well lighted, heated and ventilated.

(11)

Provide a living or day room area which affords privacy for use by a resident and his visitors.

(12)

The living and sleeping areas for each resident shall not be in non contiguous wings, units or buildings.

(13)

A living room, dining room or other room not designed nor ordinarily used for sleeping shall not be used for sleeping purposes.

(14)

A room shall not be used as a bedroom where more than ½ of the room height is below grade except where the ceiling of such portion of a building is located five feet or more above grade for more than 25 percent of the perimeter measurement of the room.

(15)

Bedrooms shall have at least one window with a minimum sash area of eight square feet.

(16)

A single-occupancy bedroom shall have at least 80 square feet of usable floor area.

(17)

A multiple-occupancy bedroom shall have at least 70 square feet of usable floor area per person with a maximum of four beds and persons per bedroom.

(18)

A group foster care home shall be inspected and approved for fire safety prior to the issuance of an occupancy permit and shall be inspected at least annually.

(19)

Signage shall not be allowed.

(d)

Standards for adult foster care congregate facilities. Such facilities shall be considered as a special land use subject to the requirements and standards of section 78-281 and the following standards:

(1)

A site plan, prepared in accordance with Article XX shall be required to be submitted.

(2)

The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located, provided there is a minimum site area of 1,500 sq. ft. per adult, excluding employees and/or caregivers.

(3)

Parking requirements as required for convalescent homes and similar facilities, set forth in Article XXII shall be met.

(4)

All landscape requirements set forth in section 78-203 shall be met.

(5)

Appropriate licenses with the State of Michigan shall be maintained.

(Ord. of 10-6-03)

(a)

The following regulations shall apply to all religious institutions, including churches, synagogues, temples, and any associated structures utilized for educational purposes:

(1)

Lot width. The minimum lot width for religious institutions shall be 200 feet.

(2)

Lot area. The minimum lot area for religious institutions shall be three acres.

(3)

Parking setback. Off-street parking shall be prohibited in the front setback area and within 15 feet of the rear or side property line.

(4)

Building setback. Religious institutions shall comply with the following building setback requirements:

Front yard: 50 feet

Side Yards: 30 feet

Rear yards: 50 feet

(5)

Frontage and access. Religious institutions shall be located on streets which have a paved road having an existing or proposed right-of-way at least 86 feet.

(6)

Landscaping. Religious institutions shall comply with the landscaping requirements set forth in this chapter.

(7)

Sole use of siteReligious institutions and associated educational facilities shall be the sole use of the site and shall not be located in a multi-tenant building.

(Ord. of 10-6-03)

Rooftop dining is subject to the following:

(a)

Rooftop dining requires a special land use permit which is to be approved and issued by the City of Plymouth City Commission. This permit is subject to annual review by the city commission. Permits for establishments serving alcohol shall be reviewed at the same time the establishment's liquor license is reviewed by the local liquor license review committee. A recommendation for the approval, renewal, renewal with conditions, denial, or postponement of action on the permit will be then forwarded to the city commission by the liquor license review committee. When this permit applies to restaurants not serving alcohol the annual review of the permit will be reviewed by the city commission who shall take one of the following actions: approve, approve with conditions, renew, renew with conditions, deny, or postpone. This review will take place annually at the same time the city commission conducts the annual liquor license review process. The city may revoke the special land use permit authorizing rooftop dining in accordance with the proceedings of subsection 78-281(g).

(b)

The rooftop seating area must be an extension of the interior dining that exists on same level, or a lower level or levels of the building.

(c)

No part of the rooftop dining operation shall exceed the height allowed in section 78-190 (height overlay district).

(d)

The open sides of the dining area must be enclosed by a wall, parapet, and/or fence that shall be 42 inches in height. In addition, a kick-plate/guard that allows for the passage of roof water for drainage while preventing dropped items from falling off the roof onto the area below shall be installed. Required kick-plate guards shall not have openings which allow passage of a sphere four inches (102 mm) in diameter from the walking surface to the required kick-plate/guard height of six inches.

(e)

A restaurant may have a rooftop dining area and an outdoor dining patio.

(f)

Rooftop dining area may operate between April 1 and November 1 and may be used only during operation hours of the applying establishment. Rooftop dining areas shall be allowed to begin service at 10:00 a.m. daily and service shall be permitted to continue until 11:00 p.m., Sunday through Wednesday and be closed and clear at 11:30 p.m. Establishments shall be allowed to continue service until 12:00 a.m. (midnight) on Thursday, Friday, and Saturday and be closed and clear at 12:30 a.m.

(g)

Live acoustic music on the rooftop dining area is allowed on Thursday, Friday and Saturday between April 1 and November 1 annually. Any music played through speakers on the rooftop dining area must be soundproofed so as to prevent sound from being heard at the street level of the building with the rooftop seating area and surrounding area.

(h)

The design, operation, and use of the rooftop dining area must be approved by and certified with a seal by a qualified, licensed structural engineer and that individual must certify that the rooftop is capable of the live load to be utilized by the establishment and the design of the load.

(i)

The rooftop dining area must comply with all city codes and ordinances, as well as all applicable state and federal laws. Its seating shall be limited to the space on the approved plans, and in no case more the 50 percent of the existing gross floor area of the restaurant, and in accordance with the capacity limits established by the fire department. No permanent components of the rooftop dining operation shall be visible from grade between November 1 and March 31 annually. Flooring, decking and other similar non-visible components are permitted to remain during this time period provided they are not visible from grade.

(j)

Temporary roof structures, walls, pergolas lighting or other components and structures associated with the rooftop dining operation shall be removed on or before November 1 annually unless permitted in [subsection] (j).

(k)

Any establishment that develops rooftop dining must provide 50 percent of the off-street parking required by section 78-270(a)(10)a.

(l)

Access to the rooftop dining area shall be through the interior of the restaurant. An exterior access may be allowed only as an emergency access for fire and life safety purposes.

(m)

No televisions/monitors/screens shall be visible from the street level. No noise from televisions/monitors/screens shall be able to be heard at the street level.

(n)

Rooftop dining lighting shall be directed away from adjoining properties and streets and designed to minimize glare.

(o)

Any modifications to the plans submitted by the establishment for rooftop dining and approved by the city commission must be approved by the city commission before the same is made.

(Ord. No. 2014-02, § 3, 1-6-14; Ord. No. 2020-04, 9-21-20)

Editor's note— Ord. No. 2020-04, adopted Sept. 21, 2020, changed the title of § 78-297 from "Rooftop seating establishments serving alcohol" to read as herein set out.