Roseville City Zoning Code
ARTICLE XIX
Use Permits
§ 370-64 Intent.
A.
Because the uses hereinafter referred to in this section possess unique characteristics making it impractical to include them in a specific use district, they may be permitted upon approval by the reviewing authority specified herein. The specified reviewing authority shall conduct its review and shall act on the request for a special use permit at a duly advertised public hearing in the manner set forth and regulated in § 370-140, Public hearings, in this chapter.
B.
In every case, the uses herein set forth shall be expressly prohibited from any residential district, unless otherwise specifically permitted in this article.
C.
The uses permitted herein require special consideration since they service an area beyond the City and/or require sizable land areas and/or create potential control problems with respect to adjacent land use and use districts, traffic, noise, appearance, and general safety.
D.
Those uses falling specifically within the intent of this article are set forth and regulated in the following sections:
§ 370-65 Outdoor movie theaters.
Because outdoor theaters possess the unique characteristics of being used only after darkness and since they develop a concentration of vehicular traffic in terms of ingress and egress from their parking area, they shall be permitted in the I-2 District only and shall not be adjacent to existing or proposed residential areas. Outdoor theaters shall further be subject to the following conditions:
A.
An application for an outdoor movie theater shall be subject to review and approval by the Planning Commission. A site plan shall be submitted for review and shall be prepared in accordance with the applicable requirements of Article XXI, Site Plan Review, in this chapter. In conducting its review, the Planning Commission shall consider the following:
(1)
The internal design has been reviewed and approved by the City Engineer regarding adequacy of drainage and other site engineering aspects of the development.
(2)
Outdoor theaters shall abut a major thoroughfare, and points of ingress and egress shall be available only from such major thoroughfare.
(3)
All vehicles, waiting or standing to enter the facility, shall be provided off-street waiting space. No vehicle shall be permitted to wait or stand within a dedicated right-of-way.
(4)
The area shall be so laid out as to prevent the movie screen from being viewed from residential areas or from adjacent major thoroughfares. All lighting used to illuminate the area shall be so installed as to be confined within, and directed only onto, the premises of the outdoor theater site.
§ 370-66 Commercial and public utility towers.
Radio and television towers, public utility microwave towers, public utility television transmitting towers and their attendant facilities shall be permitted in I-1 and I-2 Districts, subject to review and approval by the Planning Commission, provided that:
A.
Application to establish a use permitted in this section shall be subject to review and approval by the Planning Commission. A site plan shall be submitted for review and shall be prepared in accordance with the applicable requirements of Article XXI, Site Plan Review, in this chapter. In conducting its review, the Planning Commission shall consider the following:
(1)
Any such communication tower or towers shall be located centrally on a continuous parcel of not less than one times the height of the tower, measured from the base of the tower to all points on each property line.
(2)
All accessory buildings erected in conjunction with the tower or towers shall observe the minimum building setback requirements of the district.
§ 370-67 Nonessential wireless telecommunications facilities.
[Amended 4-23-2013 by Ord. No. 1260]
Nonessential wireless telecommunications antenna arrays, and, where permitted, related support structures, shall be permitted, subject to the following requirements.
As used in this section, the following words shall have the meanings indicated:
To place or install wireless communications equipment on an existing wireless communications support structure or in an existing equipment compound. "Co-location" has a corresponding meaning.
An area surrounding or adjacent to the base of a wireless communications support structure and within which wireless communications equipment is located.
The set of equipment and network components used in the provision of wireless communications services, including, but not limited to, antennas, transmitters, receivers, base stations, equipment shelters, cabinets, emergency generators, power supply cables, and coaxial and fiber optic cables, but excluding wireless communications support structures.
A.
Approval.
(1)
The Planning Commission shall approve or deny the application not more than 60 days after the application is considered to be administratively complete. If the Planning Commission fails to timely approve or deny the application, the application shall be considered approved and the Planning Commission shall be considered to have made any determination required for approval.
(2)
After an application for a special land use approval is filed with the Building Department, the Department shall determine whether the application is administratively complete. Unless the Building Department proceeds as provided under Subsection A(3), the application shall be considered to be administratively complete when the Building Department makes that determination or 14 business days after the Building Department receives the application, whichever is first.
(3)
If, before the expiration of the fourteen-day period under Subsection A(2), the Building Department notifies the applicant that the application is not administratively complete, specifying the information necessary to make the application administratively complete, or notifies the applicant that a fee required to accompany the application has not been paid, specifying the amount due, the running of the fourteen-day period under Subsection A(2) is tolled until the applicant submits to the body or official the specified information or fee amount due. The notice shall be given in writing or by electronic notification. A fee required to accompany any application shall not exceed the actual, reasonable costs to review and process the application or $1,000, whichever is less.
B.
Authorization. The City of Roseville shall authorize the establishment of a nonessential wireless telecommunications antenna array, and, where permitted in this section, a support structure and its ancillary equipment, only when such facility is fully in compliance with the applicable requirements and guidelines of this section and only in a manner that will preserve the integrity, character, property values and aesthetic quality of the site, the area around it and the City at large.
C.
Recognition. Recognizing the increasing number of providers authorized to establish and operate wireless telecommunications services within a defined area, it is the intent and purpose of this section to:
(1)
Facilitate adequate and sufficient provision of sites for nonessential wireless telecommunications facilities;
(2)
Establish predetermined locations for the placement of wireless telecommunications antenna arrays, and, when permitted, the erection of support structures, in accordance with the applicable requirements of this section;
(3)
Ensure that wireless telecommunications facilities are appropriately located so as to minimize any adverse impact they may have on other land uses on the site or on surrounding properties;
(4)
Promote the public health, safety and general welfare of the community;
(5)
Provide adequate information about plans for the location of wireless telecommunications facilities in the City so that the City may determine the proper location and development of wireless telecommunications facilities in accordance with the location guidelines and applicable site requirements of this section;
(6)
Minimize the adverse impact of technological obsolescence of such facilities in a timely manner, including requirements to remove and restore sites where such facilities are no longer in use, or which have become unnecessary; and
(7)
Minimize the negative visual impact of wireless telecommunications facilities on residential areas, office, commercial and industrial sites, public and quasi-public sites, community landmarks, including historic sites, natural beauty areas and in public rights-of-way.
D.
Existing facilities. Achieving this end contemplates the establishment of as few tower types or support structures as reasonably feasible, instead relying on the use of existing support structures, buildings and other existing structures in the City or in adjoining communities that can meet the applicant's service area needs.
E.
Adverse impact. The Roseville City Council believes that the presence of numerous wireless telecommunications support structures located throughout the City, and particularly in residential neighborhoods, would diminish the attractiveness of the community, thereby destroying its character. This, in turn, could have an adverse impact on property values. Therefore, the City Council believes it is necessary to minimize the adverse impact on the community that the presence of numerous relatively tall wireless telecommunications support structures with their characteristically low architectural and aesthetic appeal could have on the City, while at the same time recognizing that the absence of any regulation would likely result in a material impediment to the maintenance and promotion of property values, and further recognizing that this growing service is promoting economic gain and aiding in maintaining the health, safety and general welfare of the City.
F.
Location by order of priority. A nonessential wireless telecommunications antenna array shall be permitted in one of the following locations by order of priority. The first location set forth in this subsection shall be considered as the first or top priority location with each location thereafter descending in the order of priority.
(1)
On an existing nonessential wireless telecommunications support structure located on land in any zoning district in the City, subject to review and approval by the City's Building Department.
(2)
An internal nonvisible location within an existing building or structure in any zoning district, subject to review and approval by the City's Building Department. All equipment customarily accessory to an antenna array shall also be placed so as to not be visible beyond the exterior walls of the building,
(3)
An external location on an existing building or structure in an I-Industrial or B-Business zoning district, subject to review and approval by the Planning Commission.
(4)
An external location on an existing building or structure in an R-Residential zoning district, subject to review by the Planning Commission at a duly advertised public hearing, and approval by the Planning Commission.
(5)
On a proposed new nonessential wireless telecommunications support structure to be located in an I-Industrial District, subject to review by the Planning Commission at a duly advertised public hearing, and approval by the Planning Commission.
(6)
On a proposed new nonessential wireless telecommunications support structure to be located on public property in an R-Residential District, subject to review by the Planning Commission at a duly advertised public hearing and approval by the Planning Commission.
(7)
On a proposed new nonessential wireless telecommunications support structure to be located on private property in an R-Residential District, subject to review by the Planning Commission at a duly advertised public hearing and approval by the Planning Commission.
G.
Required conditions. The following standards shall apply, where applicable, to all applications to locate a nonessential wireless telecommunications antenna array or support structure in the City.
(1)
Before an applicant may locate on a site of lower priority than the site priority listed in Subsection F(1), the applicant shall prepare and submit sufficient information to clearly show why the applicant must locate at a lower priority site. For each location of lower priority than any higher priority location(s), sufficient explanation shall be provided as to why none of the higher priority locations can be used by the applicant. This information shall take into consideration any existing structure located beyond Roseville's corporate limits that could serve the applicant's needs.
(3)
For the priority site listed in Subsection F(3), plans, drawings and specifications drawn to scale and containing sufficient information for review, including exterior structural or building wall elevation drawings illustrating how the antenna array will appear on the structure or building and all other applicable information set forth in Article XXI, Site Plan Review, in this chapter, shall be submitted for review and approval by the Planning Commission. This shall include the statements mandated in Subsection F(1). During its review, the Planning Commission may request that additional information be submitted that it deems reasonably necessary in conducting its review.
(5)
Any nonessential wireless telecommunications support structure, as permitted in the priority sites listed in Subsection F(5), (6) and (7), shall:
(a)
Be a monopole structure only;
(b)
Consist only of nonwood materials;
(c)
Not exceed 199 feet in overall height measured from the ground at the base of the structure to the highest point of the structure or any antenna attached to the structure;
(d)
Provide co-location capacity for not less, nor more than, three antenna arrays;
(e)
Not require the use of any supporting guide wires; and
(f)
Not be lighted in any way unless lighting is required to meet applicable Federal Aviation Association (FAA) guidelines, and if painted shall be light blue or light gray in color.
(6)
A sufficient means of access shall be provided to any antenna array, support structure and to any ancillary structures used in conjunction with an antenna array. When the array is located in the interior of a property and access cannot be gained via a parking lot, alley or other driveway approach, a gravel lane shall be provided. When such a lane is necessary, care will be taken to make certain that its point of access to an alley, parking lot, street or other public way shall meet all applicable state and local requirements. Sufficient area shall be provided for the parking of a service vehicle, the location and extent of which will be subject to review and approval by the specified reviewing authority.
(7)
Unless the antenna array and its ancillary equipment will be housed inside a building, or completely enclosed within an addition to the building, any outdoor or detached structures housing the equipment shall be placed within a fully enclosed compound. Enclosure may be provided by a wall or a fence. The wall or fence shall be not less than eight feet high measured from the ground at the base of the structure to the top of the structure. A wall shall consist of architecturally attractive masonry material approved by the Planning Commission. If a fence, it shall be a tightly woven wire (chain link) type of fence to discourage climbing. A fenced compound shall also be screened by evergreen planting materials in the manner set forth and regulated in Article XXII, Screening Devices and Landscaping, in this chapter. The ground area of the compound will be of adequate size to house all of the necessary ancillary equipment for three antenna arrays.
(8)
When a nonessential wireless telecommunications support structure shall be permitted as outlined in Subsection F(5), (6) or (7), the compound in which the support structure is located shall observe the minimum building setback requirements of the district it is located in measured from the outside perimeter of the compound to all property lines, except when the support structure is located on property occupied by a residential dwelling or is located on a site on property next to property containing a residential dwelling, the support structure, but only the support structure, shall be separated from the residential dwelling by a distance equal to 1/2 the full height of the support structure. This distance shall be measured from the outer face of the support structure nearest the residential dwelling to the nearest wall of the residential dwelling. When the support structure will be located on property occupied by a nonresidential use in a nonresidential-oriented building, the support structure shall be set back not less than 10 feet from the nonresidential building, unless a greater setback is required by other applicable local, state or federal codes.
(9)
An applicant shall submit written assurances that the owner or operator of any nonessential wireless telecommunications facility permitted in this section shall at all times conduct all operations of the system in full compliance with all applicable Federal Communications Commission (FCC) permits and conditions, including preventing any objectionable levels of interference.
(10)
An applicant shall submit written assurances that the owner or the operator of any wireless telecommunications facility permitted in this section shall at all times conduct all operations of the system in full compliance with all current state or federal regulations pertaining to nonionizing electromagnetic radiation, and furthermore, the owner and/or operator agrees, in writing, that if more restrictive state or federal regulatory standards are adopted during the operating life of the facility, the applicant or owner shall commence efforts to bring the facility into compliance with the new standards within 60 days of adoption of any such standards, and the owner or the operator agrees that he or she will bear the costs of testing and verification of compliance with such standards.
(11)
The applicant shall be responsible for maintaining the site in a structurally safe and attractive manner and shall maintain all landscaping and lawn areas in a living, growing condition, neat and orderly in appearance.
H.
Co-location sharing.
(1)
The policy of the City of Roseville towards nonessential wireless telecommunications facilities is for co-location. Therefore, the entity that owns a wireless telecommunications support structure shall not fail or refuse to alter its structure so as to accommodate other antenna arrays on the support structure, particularly when such alteration would permit the support structure to remain within the structural guidelines of this section.
(2)
Failure or refusal of the owner of a wireless telecommunications facility to alter its structure to accommodate co-location to the maximum extent permitted in this section shall be deemed to be in direct violation and contradiction of the City's co-location first policy. Consequently, the owner shall be regarded by the City as having taken full responsibility for the violation and contradiction and shall be prohibited by the City from securing any additional approvals for the location of any more of its antenna arrays or related support structures in the City for a period of not less than seven years, commencing on the date of failure or refusal to permit co-location on its support structure or structures in the City of Roseville. The entity may seek a variance and obtain relief from the Roseville Board of Zoning Appeals (BZA), provided the owner can clearly demonstrate entitlement to a variance. To that extent, the owner must demonstrate to the BZA that enforcement of the seven-year prohibition would unreasonably discriminate among providers of functionally equivalent nonessential wireless telecommunications services, or that such enforcement would have the effect of prohibiting the provision of any personal wireless telecommunication services to the City.
I.
Use regulations. The following use of property standards shall apply to all applicants to locate a nonessential wireless telecommunications antenna array or support structure in the City.
(1)
Wireless communications equipment is a permitted use of property and is not subject to special land use approval or any other approval under this chapter if all of the following requirements are met:
(a)
The wireless communications equipment will be co-located on an existing wireless communications support structure or in an existing equipment compound.
(b)
The existing wireless communications support structure or existing equipment compound is in compliance with this chapter or was approved by the Planning Commission or Building Official.
(c)
The proposed co-location will not do any of the following:
[1]
Increase the overall height of the wireless communications support structure by more than 20 feet or 10% of its original height, whichever is greater.
[2]
Increase the width of the wireless communications support structure by more than the minimum necessary to permit collocation.
[3]
Increase the area of the existing equipment compound to greater than 2,500 square feet.
(d)
The proposed co-location complies with the terms and conditions of any previous final approval of the wireless communications support structure or equipment compound by the Planning Commission or Building Official.
(3)
An application for special land use approval of wireless communications equipment described in Subsection I(2) shall include all of the following:
(a)
A site plan as required under Section 501 of Public Act 110 of 2006, including a map of the property and existing and proposed buildings and other facilities.
(b)
Any additional relevant information that is specifically required by a zoning ordinance provision described in Section 502(1) or Section 504 of Public Act 110 of 2006.
(4)
Special land use approval of wireless communications equipment described in Subsection I(2) may be made expressly conditional only on the wireless communications equipment’s meeting the requirements of all local ordinances and of federal and state laws before the wireless communications equipment begins operations.
J.
Surety. Sufficient surety acceptable to the City shall be provided by the applicant to adequately cover the cost of removing the facility, along with any accessory equipment, including compound walls or fencing, and restoring the site when its usefulness as a wireless telecommunications facility is concluded. Estimates to remove the entire facility and carrying out restoration of the site shall be prepared and submitted to the City for review and acceptance by the City.
K.
Permits. A use permit shall be issued by the City for an approved nonessential wireless telecommunications antenna array, and, where permitted, for a support structure and related equipment cabinets, but only after review and approval of an application, in the manner set forth in this section, has been approved by the City or by the Planning Commission.
§ 370-68 Outdoor athletic and entertainment facilities.
Outdoor athletic and entertainment facilities, including stadiums, amphitheaters, coliseums, arenas, golf driving ranges, golf courses, tennis courts, racquetball courts, football, baseball, softball, soccer, polo and similar athletic track and field events, including equestrian contests, but excluding any form or type of competitive motor vehicle contests, theme parks, or amusement parks, provided:
A.
An application to establish any use permitted in this section shall be subject to review and approval by the Planning Commission. A site plan shall be submitted for review and shall be prepared in accordance with the applicable requirements of Article XXI, Site Plan Review, in this chapter. In conducting its review, the Planning Commission shall consider the following:
(1)
All such permitted uses shall be located in an I-1 or I-2 District only.
(2)
All such permitted uses shall have direct access to a major thoroughfare.
(3)
All exterior lighting shall be directed inward towards the use and away from adjacent uses.
(4)
Except for the green areas of golf courses and golf driving ranges, i.e., fairways and open driving range areas, a minimum setback of 150 feet shall be provided for the principal use, together with all accessory uses, except off-street parking which may be located no less than 50 feet from any residential district. Within these two setbacks, there shall be provided and maintained earth berms and extensive landscape plantings of sufficient height and intensity so as to effectuate a substantial landscape planting screen between uses and the adjacent residential district.
§ 370-69 Accommodations for helicopters.
A. HELIPAD HELIPORT HELISTOP
Facilities for the accommodation of helicopters are considered separately under this section. For purposes of accommodating helicopters, the facilities are herein defined as the following:
An area on a roof or on the ground used by helicopters or steep-gradient aircraft for the purpose of picking up and discharging passengers or cargo, but not including fuel service, maintenance or overhaul or tie-down space.
An area used by helicopters or by other steep-gradient aircraft, which area includes passenger and cargo facilities, maintenance and overhaul, fueling service, storage space, tie-down space, hangars and other accessory buildings and open spaces.
An area on a roof or on the ground used by helicopters or steep-gradient aircraft for the purpose of picking up or discharging passengers or cargo, including fuel service and tie-down space.
B.
An application to establish any use permitted in this section shall be subject to review and approval by the Planning Commission. A site plan shall be submitted for review and shall be prepared in accordance with the applicable requirements of Article XXI, Site Plan Review, in this chapter. In conducting its review, the Planning Commission shall apply the following conditions.
(1)
Heliports shall be permitted in the I Industrial Districts only. Helistops and helipads shall be permitted in all districts except the residential districts.
(2)
When reviewing an application for a heliport, helistop or helipad, the Planning Commission shall require contemporary standards recommended by the Federal Aviation Agency and Michigan Aviation Commission for the proper operation of such facilities.
(3)
Adequate provision is made to control access to the facility.
(4)
The surface of the facility is such that dust, dirt or other matter will not be blown onto adjacent property by helicopter operations.
(5)
All applicable provisions of building, fire and health codes are met, including special provisions applicable in the case of rooftop heliports.
(6)
Appropriate provision is made for off-street parking.
§ 370-70 Arcades, billiard parlors and similar uses.
Arcades, billiard parlors and similar uses providing facilities and space where there are four or more pinball machines, video games or similar gaming devices for use by their patrons or where there are four or more pool or billiard tables or similar activities for use by their patrons shall be permitted in the B-3 District, and subject further to the following requirements.
A.
An application to establish any use permitted in this section shall be subject to review and approval of a site plan by the Planning Commission. A site plan shall be submitted for review and shall be prepared in accordance with the applicable requirements of Article XXI, Site Plan Review, in this chapter. In conducting its review, the Planning Commission shall apply the following conditions.
§ 370-71 Tattoo parlors, pawn shops and used goods.
A.
It has been demonstrated that the establishment of tattoo, pawnbroker and used good uses in business districts which are immediately adjacent to and serve residential neighborhoods have a deleterious effect on both business and residential segments of the neighborhood, causing blight. Prohibition against the establishment of more than two regulated uses within 1,000 feet of each other serves to avoid the clustering of certain business which, when located in close proximity of each other, tends to create a skid-row atmosphere. Such prohibition fails to avoid the deleterious effects of blight and devaluation to both business and residential property values resulting from the establishment of these businesses in a business district that is immediately adjacent to and serves residential neighborhoods. The orderly planning, development and preservation of neighborhoods should be encouraged and fostered by properties and persons that comprise the business and residential segments of each neighborhood.
B.
Pawnbroker, tattoo and used goods uses, as defined in this Zoning Code, shall only be permitted in the B-3 Zoning District, subject to the following requirements and conditions.
(1)
An application to establish any use permitted in this section shall be subject to review and approval of a site plan by the Planning Commission. A site plan shall be submitted for review and shall be prepared in accordance with the applicable requirements of Article XXI, Site Plan Review, in this chapter. In conducting its review, the Planning Commission shall apply the following conditions.
(a)
Not more than two such uses shall be permitted within 1,000 feet of each other.
(b)
It shall be unlawful to establish any such use in a B-3 District if any portion of the property upon which such business is situated is within 300 feet of a residential zoning district, church or school, unless the prohibition is waived upon presentment to the Planning Commission of a validated petition requesting such waiver signed by 51% of those persons owning, residing, or doing business or by any church or school within 300 feet of the proposed location.
(c)
The site shall abut a major thoroughfare right-of-way, and all ingress and egress to and from the site shall be via that major thoroughfare.
§ 370-72 Reuse of vacant former public school facilities.
A.
Typically, various types of land use and land use activities are provided for in one or more zoning districts. The criteria for such allocations are based upon similarities in the nature of the uses and their relationship to other such uses and, in turn, their relationship to adjacent land use and to thoroughfares. Zoning districts are not only established to achieve a progression of order in land use distribution, but they are also established to coordinate land use development in a logical and valid manner in accordance with a master land use plan.
B.
There are, however, a limited number of uses and certain characteristics of land use that may warrant special consideration for placement within a particular zoning district that would otherwise prohibit them. The particular characteristics of these uses are such that their influence on adjacent land use is a positive one, or one that will not adversely impact adjacent land use.
C.
The intent of this section is to permit a limited number of specialized land use types to develop through a special use process that does not require rezoning, provided that certain conditions and procedures as herein set forth are met.
(1)
Conditions. The following conditions shall be found to exist on the land before any application for a use permit may be approved.
(a)
The land shall be zoned in a residential district that does not permit the proposed use as a matter of right in the district.
(b)
The proposed use is designed and intended to occupy a vacant existing former school building on the site.
(c)
Sites containing 10 acres of land or less shall have direct frontage on, and direct access to, a public street. Sites containing over 10 acres of land shall have direct frontage on, and direct access to, a major thoroughfare as designated on the City's Master Plan Map. Access to any other street shall be prohibited, unless otherwise permitted by the Planning Commission.
(2)
Permitted uses. No vacant existing former school building, nor any new buildings to be erected in conjunction with the reuse of a vacant existing former school building, shall be used except for one of the following specified uses and shall be subject to the conditions hereinafter assigned to each use.
(a)
Housing for the elderly (senior citizen housing), subject to the requirements of § 370-22E, except as otherwise specified herein.
[1]
The total number of dwelling units shall not exceed the number of motor vehicles that would be generated on the land if it were developed with single-family dwellings. The following ratios shall apply in determining the total number of dwelling units permitted.
Number of single-family dwellings per acre: 6.0 | |
Number of single-family trip ends per day (average): 10.0 | |
Number of senior citizen trip ends per day (average): 3.3 | |
(6.0 x 10.0) x (number of site acres) / (3.3) = A | |
A - Total number of dwelling units |
[2]
The erection of new buildings on the same parcel with a vacant existing former school building, when erected in conjunction with the rehabilitation and reoccupation of the vacant existing former school building, may be permitted, provided:
[a]
The new buildings shall contain the same use and function restricted to the existing building on site.
[b]
The overall dwelling unit density for the site, as above set forth and regulated, shall not be exceeded.
[c]
The new buildings shall meet the applicable requirements of the RM-1 District with respect to building setbacks, distances between buildings and percent of lot coverage of all buildings.
[d]
New buildings shall not exceed the number of stories or the height of a majority of the single-family homes bordering the site.
[3]
The Planning Commission, in reviewing an application to erect additional buildings, shall determine if:
[a]
The site contains sufficient vacant land area to properly accommodate new development, including required setbacks, off-street parking and building coverage restrictions.
[b]
Dwelling unit density will remain within the standards herein set forth.
[c]
The vacant land is not intended, nor proposed, for any other use, such as, but not limited to, parkland, open space area, future potential school use, single-family residential use.
[4]
The numerical off-street parking and off-street parking layout standards of this chapter are met.
[5]
All applicable landscaping and screening requirements of this chapter are met.
(3)
Submittal procedure. Applications for a use permit under this section shall be processed in the following manner.
(a)
Applications may be obtained from the Building Department, and upon fully completing the application form, it shall be submitted to the Building Department.
(b)
Each application shall be accompanied by a processing fee as established by resolution of the City Council.
(c)
The application shall be accompanied by a report or document stating:
[1]
The type of use proposed for the site.
[2]
The anticipated impact of the proposed use on the surrounding neighborhood with respect to traffic generated, public service demands, including trash and garbage pickup demand and how such items will be dealt with to minimize their impact on the surrounding neighborhood.
(4)
Review procedure. Upon receipt of a complete application for a use permit, the Planning Commission shall set a date for a public hearing in accordance with the applicable requirements of § 370-140 in this chapter.
(a)
The Planning Commission, in conducting its review, shall find sufficient evidence that the proposed use:
[1]
Will be in harmony with and in accordance with the general objectives of the City's adopted Master Plan;
[2]
Will be designed, constructed, operated and maintained in harmony with the existing and intended character of the general vicinity, so that such use will not change the essential character of that area;
[3]
Will not be hazardous or disturbing to existing or future neighboring uses;
[4]
Will represent an improvement to property in the immediate vicinity and to the community as a whole;
[5]
Can be served adequately by essential public services and facilities such as highways, streets, drainage structures, police and fire protection and refuse disposal, or that persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately for such services.
[6]
Will not create excessive additional requirements at public cost for public facilities and services, and will not be detrimental to the economic welfare of the community;
[7]
Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive or noxious smoke, fumes, glare, noise, vibration or odors;
[8]
Will be consistent with the intent and purposes of this chapter.
§ 370-73 (Reserved) [1]
[1]
Editor's Note: Former § 370-73, Medical marihuana dispensaries, added 10-13-2009 by Ord. No. 1229, was repealed 10-25-2016 by Ord. No. 1293.
§ 370-74 Uses permitted subject to special conditions.
[Amended 5-12-2015 by Ord. No. 1281]
Composting facilities and composting transfer stations shall be permitted in the I-2 District subject to review and approval by the Planning Commission, provided that they meet the conditions and standards set forth in this section.
A. COMPOSTING COMPOSTING FACILITY COMPOSTING TRANSFER STATION
Definitions.
Processing waste in a controlled environment to produce a stable product by microbiologically degrading organic matter under aerobic conditions.
A facility where organic matter that is derived primarily from off site is to be processed by composting and/or is processed for commercial purposes. Activities of a composting facility may include management, collection, transportation, staging, composting, curing, storage, marketing, or use of compost.
A place for the acceptance by donation, redemption, or purchase of plant debris for transfer to an off-site facility for composting.
B.
Conditions and standards.
(1)
The lot or area shall be provided with a permanent, durable, and dustless surface, and shall be graded and drained so as to dispose of all surface water accumulated within the area.
(2)
All access to the facility will be from a major thoroughfare as designated on the City's Master Plan For Future Land Use Map, as amended.
(3)
Except for trash receptacles, no outdoor storage of any kind shall be permitted as an use accessory to the principal use.
(4)
Height of composting shall not exceed 25% of the maximum height of buildings in the district.
(5)
Composting shall be placed within a completely obscuring architectural masonry screen wall as required in Article XXII of this chapter.
(6)
Composting shall be set back a minimum 75 feet from any property lines.
(7)
Total amount of lot coverage used for composting shall not exceed 35%.
(8)
No composing facility and/or composing transfer station shall be permitted within 1,000 feet of another composing facility and/or composing transfer.
§ 370-74.1 Oil and gas wells.
[Added 5-10-2016 by Ord. No. 1289]
The following requirements shall apply to the location, installation, drilling and operation of any well for the commercial extraction of oil, gas or other hydrocarbons in the City:
A.
It may be allowed only in the I-2 General Industrial District.
B.
It shall be situated on a minimum lot size of three acres.
C.
Spacing and well setbacks. In addition to the spacing and setback requirements of the State of Michigan and regulations of its Supervisor of Wells, the drilling operation or operation of oil or gas wells or well sites shall not be located within 300 feet from any road right-of-way, 500 feet of a residentially zoned or used property, or any property used for a religious facility, public or private school, hospital, hospital clinic or health-care facility and 100 feet from any other property line. No installation, drilling and operation of any well shall be located within 15 feet from another drilling operation or operation of an oil or gas well or well site. The proponent seeking to engage in activity shall also demonstrate to the City a legal entitlement to drill on adjacent properties through mineral right acquisition or other means. Measurement of setback shall be made from the edge of the well site (in a straight line, without regard to intervening structures or objects) to the closest exterior point of the adjacent parcel.
D.
Height. The completed wellhead structure shall not exceed 22 feet in height. Any temporary drilling derrick or other facility shall not exceed 110 feet in height. Temporary drilling derricks and rigs shall not be in place for longer than 60 days. A permit for an additional 30 days may be secured upon presentation to the City Manager of sufficient documentation demonstrating that reasonable progress has occurred throughout the initial sixty-day period and that operations can be completed within an additional 30 days.
E.
Fencing, landscaping and lighting. An oil or gas well site shall be completely enclosed with a six-foot-high fence with materials compliant with ordinances. Staggered six-foot-tall evergreen trees shall be placed around the perimeter of the fence with a minimum landscape greenbelt buffer of 25 feet in depth. This landscaping buffer shall be in place within 30 days of the removal of the temporary drilling deck/rig. Exterior lighting shall comply with the provisions of the City's ordinances and shall be shielded so as not to be disruptive to adjoining parcels.
F.
Nuisance mitigation. The drilling, completion, or operation of oil or gas wells or other wells drilled for oil and gas exploration purposes shall comply with the additional site requirements of this chapter and any other applicable ordinance provisions. Such standards address potential nuisances such as noise, smoke, dust, and the like. To the extent this section is more restrictive the provisions of this section shall control.
G.
Dust, noise, vibration, and odors. All operations shall be conducted in a manner so as to minimize, as far as practicable, dust, noise, vibration or noxious odors and shall be in accordance with the best accepted practices defined by the Michigan Department of Environmental Quality for the production of oil, gas, or other hydrocarbon substances in urban areas. All equipment used shall be constructed and operated so that vibration, dust, odor or other harmful or annoying substances or effects will be minimized by the operations carried on at any time, or from anything incidental thereto, and to minimize the annoyance of persons living or working in the vicinity. Additionally, the site or structures on the property shall not be permitted to become dilapidated, unsightly, or unsafe. The City may impose additional reasonable restrictions upon such operations as to reduce adverse impacts upon adjacent properties.
H.
Oil and gas processing facilities. Associated processing facilities that separate oil, gas and brine and hold said products for transport off site for further refinement and processing are not permitted.
I.
Compliance with laws and permit issuance. The drilling, completion, or operation of oil and gas wells or other wells drilled for the purpose of oil or gas exploration shall be done in conformity with all state and federal laws, statutes, rules, and regulations pertaining thereto and particularly with the State of Michigan and regulations of its Supervisor of Wells. This shall include obtaining the required permit from the Supervisor of Wells, which permit shall be provided to the City prior to the City issuing special use approval under this section. This requirement applies to, but is not limited to, the plugging of wells, the exploring for, producing, marketing and transportation of petroleum products and the disposition and removal of any byproducts utilized and associated with said activities.
J.
Associated permits and approvals. Special use approval for the drilling, completion, or operation of oil or gas wells or other wells drilled for oil or gas exploration purposes is in addition to and not in lieu of any permit or plan which may be required by any other provision of the City of Roseville Zoning Ordinance, Building and Fire Codes, or by any other governmental agency, unless expressly outlined.
K.
Operations.
(1)
Permitted construction activity hours. Site preparation and construction of well sites are limited to the hours of 8:00 a.m. to 8:00 p.m. Construction activities associated with establishing of well sites may be eligible for an exception by the Building Department if such activities are in compliance with applicable laws and permits and it is demonstrated that noise and disturbance from such activities will not be annoying or disturbing to surrounding uses.
(2)
The movement of drilling rigs, tanker trucks or heavy equipment used in connection with drilling or operation of oil or gas wells over City roads and streets shall require the approval of the City Manager in conjunction with a review by the City Engineer. A proposed traffic route and the axle weight, vehicle weight and description shall be submitted in advance to the City by the Applicant.
(3)
All brine, mud, slush, saltwater, chemicals, wastewater, chemical fluids or waste produced or used in the drilling of production of oil or gas shall be safely, lawfully and properly disposed of to prevent infiltration of or damage to any freshwater well, groundwater, watercourse, pond, lake or wetland. Such materials shall be promptly removed from the site and shall not be continuously stored upon the site.
(4)
The oil or gas well site shall be kept in a clean and orderly condition, free of trash and debris, with vegetation cut. Machinery which is not expected to be used on the site within a two-week period shall not be kept or stored at the well site.
(5)
An oil or gas well shall include measures or controls satisfactory to the City Engineer to prevent migration, runoff or discharge of any hazardous materials, including but not limited to chemicals, oil or gas produced or used in the drilling or production of oil or gas, to adjoining property, or to the sanitary sewer system, storm water system or any natural or artificial watercourse, pond, lake, or wetland. There shall be no off-site discharge of storm water except to an approved drainage system in accordance with the City's engineering requirements.
L.
Inspection. The Building Official and any other designee of the City Manager shall have the right and privilege at any time during the construction phase and any drilling operation to enter upon the premises subject to special land use approval for the purpose of making inspections to determine if the requirements of this section and other applicable ordinances are complied with.
M.
Injection wells. Injection wells used for brine disposal or other chemicals from production of wells or from other sources are prohibited within the City.
N.
Pipelines. No operator shall excavate or construct any lines for the conveyance of fuel, water, oil, gas or petroleum liquids under or through the streets, alleys or other properties owned by the City without an easement or right-of-way issued by the City.
O.
Submittal requirements. In addition to the requirements for a site plan and other submittal requirements under the general provisions of special land use, the following information shall be submitted as part of the application:
(1)
Environmental impact study. The applicant shall submit an environmental impact statement filed with the Michigan Department of Environmental Quality in connection with a well permit under the applicable provisions of the Natural Resources and Environmental Protection Act, MCLA § 324.101 et seq., or as otherwise amended and administrative rules promulgated thereunder.
(2)
Hydrogeological analysis.
(3)
Emergency response plan. Pursuant to state and federal law, the operator shall provide any information necessary to assist the City Emergency Services Department with an emergency response plan and hazardous materials survey establishing written procedures to minimize any hazard resulting from the operation. The emergency response plan shall include emergency contact information.
(4)
Reclamation plan: a written statement describing how the land will be returned to a stable and productive condition post drilling operations shall be furnished. Time for completion of reclamation shall be provided. The City shall require a bond calculated at the estimated cost of reclamation procedures which shall be returned following reclamation or may be drawn upon in the event reclamation is not completed if provided in a timely fashion.
(5)
The operations plan shall include identification of site ingress and egress, a haul route map, hours of operation, s soil erosion, mud and dust control plan, a noise control plan, identification of operational noise impacts, including documentation of establishing noise levels and mitigating noise levels, shall provide topography, shall provide an odor and fume control plan, pollution prevention plan, impact mitigation plan, and monitoring and control plan.
§ 370-74.2 Medical marihuana cultivation operations.
[Added 4-13-2021 by Ord. No. 1321]
Medical marihuana cultivation operations shall be permitted in the I-1 and I-2 Districts subject to review and approval by the Planning Commission, provided that they meet the conditions and standards set forth in this section.
A.
The cultivation of medical marihuana can only be performed by a registered primary caregiver in accordance with the Michigan Medical Marihuana Act ("MMMA"),[1] or as otherwise regulated under the Medical Marihuana Facilities Licensing Act[2] as provided in Chapter 192 and Chapter 370, § 370.114.3, of the City of Roseville Code of Ordinances. All activities conducted on-site must be in compliance with the MMMA.
B.
The subject property must be in an enclosed facility located 1,000 feet from churches, schools, parks, or substance abuse centers, and 500 feet from residential uses.
C.
Applicants for this use must submit a survey from a state-licensed surveyor documenting that the buffering requirements have been met.
D.
A medical marihuana cultivation operation cannot exceed 700 square feet.
E.
A medical marihuana cultivation operation shall not be located within the same building or unit occupied by any other type of business, unless co-located compliant with the Medical Marihuana Facilities Licensing Act[3] and other medical marihuana facility use.
[3]
Editor's Note: See MCLA § 333.27101 et seq.
F.
Lighting utilized for cultivating medical marihuana shall not be visible from the exterior of the building.
G.
No person under the age of 18 shall be permitted into a medical marihuana cultivation operation at any time.
H.
Applicants for a primary caregiver must obtain a certificate of occupancy from the Roseville Building Department.
I.
No equipment or process shall be used that creates noise, dust, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses beyond the parcel boundary.
J.
If the MMMA is amended to eliminate or place additional restrictions on caregivers, the use must be brought into compliance or terminated within 30 days.