The intent of this article is to provide standards for special land uses, which are uses that under usual circumstances could be detrimental to other land uses permitted within the same zoning district, but may be permitted because of circumstances unique to the location of the particular use. This article provides standards for the planning commission to determine the appropriateness of a given special land use using factors such as: compatibility with adjacent zoning, location, design, size, intensity of use, impact on traffic operations, potential impact on groundwater, demand on public facilities and services, equipment used, and processes employed. Accordingly, special land uses should not be permitted without consideration of relevant restrictions or conditions being imposed which address their unique characteristics.

(a)

Prior to approving a special land use application, the planning commission shall require that the following general standards, in addition to the specific standards noted for individual uses in section 102-177, special land use specific requirements, be satisfied. The proposed use or activity shall:

(1)

Be compatible and in accordance with the goals, objectives, and policies of the city master plan and promote the intent of the zoning district in which the use is proposed.

(2)

Be constructed, operated, and maintained so as to be compatible with the existing or intended character of the general vicinity and so as not to change the essential character of the area in which it is proposed.

(3)

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

(4)

Not involve uses, activities, processes, materials, and equipment or conditions of operation that will be detrimental to the natural environment, public health, safety, or welfare by reason of excessive production of traffic, noise, smoke, odors, or other such nuisance.

(b)

Properties for which application for special land use approval is made shall also be subject to site plan review in accordance with the requirements of article XV, site plan review. Failure to obtain site plan approval will constitute denial of the approved special land use.

(a)

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

(b)

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

(1)

Property owner signature.

(2)

Payment of escrow fees.

(3)

Copies of completed application forms.

(4)

Copies of a site plan meeting the requirements of article XV, site plan review.

(5)

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

(a)

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

(b)

Following the submission of the required application materials the planning commission shall hold a public hearing in accordance with the Michigan Zoning Enabling Act (Public Act 110 of 2006), as amended and with section 102-303, public hearings.

(c)

The planning commission shall review the application in terms of the requirements of section 102-171, standards for approval, and shall approve, approve with conditions, or deny the application.

(a)

As part of any special land use approval, the planning commission can request additional studies may impose any additional conditions or limitations as, in its judgement, may be necessary for protection of the public interest. Such conditions shall be related to and ensure that the review considerations of section 102-171, standards for approval, and the applicable specific regulations of section 102-177, special land use specific requirements, are met.

(b)

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

(c)

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

(d)

A record of the decision of the planning commission, the reasons for the decision reached, and any conditions attached to such decision shall be kept and made a part of the minutes of the planning commission.

(e)

The building official shall make periodic investigations of developments authorized by special land use approval to ensure continued compliance with all requirements imposed by the planning commission and this article. Noncompliance with the requirements and conditions approved for the special land use shall constitute grounds for the planning commission to terminate the approval following a public hearing. Such hearing shall be held in accordance with the procedures used for the original hearing as described in section 102-303, public hearings, and as required by this article.

(a)

In cases where actual physical construction of a substantial nature of the structures authorized by a special land use approval has not commenced within one year of issuance, and a written application for extension of the approval has not been filed as provided below, the approval shall automatically become null and void and all rights thereunder shall terminate.

(b)

Upon written application filed prior to the termination of the one year period, the planning commission may authorize a single extension of the time limit for a further period of not more than one year. Such extension shall only be granted based on evidence from the applicant that the development has a reasonable likelihood of commencing construction within the one year extension.

(c)

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

(d)

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

(e)

No application for a special land use approval which has been denied wholly or in part shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of changed conditions relating to all of the reasons noted for the denial found to be valid by the planning commission.

(a)

Amendments. Any person or agency who has been granted a special land use approval shall notify the zoning administrator of any proposed amendment to the approved site plan of the special land use. The zoning administrator shall determine whether the proposed amendment constitutes a minor or major amendment based on the determination standards for all site plans in accordance with the requirements of section 102-201, deviations from approved site plan. A major amendment to a special land use approval shall comply with the application and review procedures contained in this article.

(b)

Expansion or change in use. The expansion change in activity, reuse, or redevelopment of any use requiring a special land use approval, with an increase of ten percent or greater, shall require re-submittal in the manner described in this article. A separate special land use approval shall be required for each use requiring special land use review on a lot, or for any expansions of a special land use on property which has not previously received special land use approval.

The general standards and requirements of section 102-171, standards for approval, are basic to all uses authorized by a special land use approval. however, certain special land uses, because of their unique character and potential impacts on the welfare of adjacent properties and the city, require additional specific requirements. Such uses are listed below with specific standards and regulations that must be met in addition to the general standards of section 102-171, standards for approval, and other sections of this chapter.

The following are special land uses with specific site and/or use standards which are described on the following pages:

Land Uses with Specific Requirements

Adult entertainment regulated uses (subsection 102-177(1))

Amusement parks, carnivals, fairgrounds, fairs, and other types of outdoor entertainment facilities
(subsection 102-177(2))

Automobile gasoline stations (subsection 102-177(3))

Automobile repair establishments (major repair) and automobile service establishments (routine maintenance and minor repair) (subsection 102-177(4))

Bed and breakfast inns (subsection 102-177(5))

Commercial parking lots (subsection 102-177(6))

Drive-through window facilities for banks, restaurants or other permitted uses (subsection 102-177(7))

Essential public service buildings and structures (subsection 102-177(8))

Garden centers (subsection 102-177(9))

Golf courses (subsection 102-177(10))

Golf driving ranges and miniature golf courses (subsection 102-177(11))

Hospitals (subsection 102-177(12))

Parking structures (subsection 102-177(13))

Retail businesses with adult novelties (subsection 102-177(14))

Schools, including public, private and parochial elementary, middle, and high (subsection 102-177(15))

Theaters, cinemas, and similar places of assembly (subsection 102-177(16))

(1)

Adult entertainment regulated uses.

a.

It is recognized that there are some uses, which because of their very nature, have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this section.

b.

Prior to adopting these regulations, the city reviewed studies prepared on these uses, reviewed ordinances and regulations prepared by other municipalities, and reviewed applicable federal and state case law, including the following: Pap's AM v City of Erie, 529 US 277 (2000); Déjà Vu of Nashville v Metropolitan Government of Nashville & Davidson County, 466 G3d 391 (6th Cir 2006); Sensations, Inc. v City of Grand Rapids, 2006 WL 2504388 (WD MI 2006); Van Buren City v Garter Belt, 258 Mich App 594; 673 NW2d 111 (2003); Bronco's Entertainment v Charter City of Van Buren, 421 F3d 440 (6th Cir 2005), Thomas v Chicago Park District, 122 S Ct 775 (2002), City of Renton v Playtime Theatres Inc, 475 US 41 (1986), Young v American Mini Theatres, 426 US 50 (1976), Barnes v Glen Theatre Inc, 501 US 560 (1991); California v LaRue, 409 US 109 (1972); DLS Inc v City of Chattanooga, 107 F3d 403 (6th Cir 1997); East Brooks Books Inc v City of Memphis, 48 F3d 2200 (6th Cir 1995); Broadway Books v Roberts, 642 F Supp 4867 (ED Tenn 1986); Bright Lights Inc v City of Newport, 830 F Supp 378 (ED Ky 1993); Richland Bookmart v Nichols, 137 F3d 435 (6th Cir 1998); Richland Bookmart v Nichols, 278 F3d 570 (6th Cir 2002); Déjà Vu of Cincinnati v Union City Board of Trustees, 411 F3d 777 (6th Cir 2005); Déjà Vu of Nashville v Metropolitan Government of Nashville, 274 F3d 377 (6th Cir 2001); Bamon Corp v City of Dayton, 7923 F2d 470 (6th Cir 1991); Threesome Entertainment v Strittmather, 4 F Supp 2d 710 (ND Ohio 1998); JL Spoons Inc v City of Brunswick, 49 F Supp 2d 1032 (ND Ohio 1999); Triplett Grille Inc v City of Akron, 40 F3d 129 (6th Cir 1994); Nightclubs Inc v City of Paducah, 202 F3d 884 (6th Cir 2000); O'Connor v City and County of Denver, 894 F2d 1210 (10th Cir 1990); Déjà Vu of Nashville Inc et al v Metropolitan Government of Nashville and Davidson County, 2001 USA App LEXIS 26007 (6th Cir Dec 6, 2001); ZJ Gifts D-2 LLC v City of Aurora, 136 F3d 683 (10th Cir 1998); Connection Distribution Co v Reno, 154 F3d 281 (6th Cir 1998); Sundance Associates v Reno, 139 F3d 804 (10th Cir 1998); American Library Association v Reno, 33 F3d 78 (DC Cir 1994); American Target Advertising Inc v Giani, 199 F3d 1241 (10th Cir 2000); ZJ Gifts D-2LLC v City of Aurora, 136 F3d 683 (10th Cir 1998); ILQ Investments Inc v City of Rochester, 25 F3d 1413 (8th Cir 1994); Bigg Wolf Discount Video Movie Sales Inc v Montgomery County, 2002 US Dist LEXIS 1896 (D Md Feb 6 2002); Currence v Cincinnati, 2002 US App LEXIS 1258 (3 ^rd Cir Jan 24, 2002); and other cases; and on testimony to Congress in 136 Cong Rec S 8987; 135 Cong Rec S 14519; 135 Cong Rec S 5636; 134 Cong Rec E 3750; and reports of secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Phoenix, Arizona - 1979; Minneapolis, Minnesota-1980; Houston, Texas - 1997; Amarillo, Texas; Garden Grove, California - 1991; Los Angeles, California - 1977; Whittier, California - 1978; Austin, Texas - 1986; Seattle, Washington - 1989; Oklahoma City, Oklahoma - 1986; Cleveland, Ohio - and Dallas, Texas - 1997; St. Croix County, Wisconsin - 1993; Bellevue, Washington, - 1998; Newport News, Virginia - 1996; New York Times Square 1993; Bellevue, Washington, - 1998; Newport News, Virginia - 1996; New York Times Square study - 1994; Phoenix, Arizona - 1995-98; and also on findings from the paper entitled "Stripclubs According to Strippers: Exposing Workplace Sexual Violence," by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota, and from "Sexually Oriented Businesses: An Insider's View," by David Sherman, presented to the Michigan House Committee on Ethics and Constitutional Law, Jan 12, 2000, and the Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses (June 6, 1989, State of Minnesota).

c.

Based on the evidence of adult uses presented in hearings and in the aforementioned reports made available to the city council, the city council finds that sexually oriented businesses as a category of establishments are correlated with harmful secondary effects, and that the foregoing reports and cases are reasonably believed to be relevant to the problems that the city is seeking to abate and prevent in the future. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area which would create such adverse effect(s). It is further the intent these regulations that these uses only be permitted as special land uses.

d.

Uses (collectively "regulated uses") subject to these controls are as follows:

1.

Sexually oriented business as defined in section 38-1, definitions.

2.

Body art establishments.

3.

Pawnshops or collateral loan or exchange establishments.

e.

Locational requirements for regulated uses. Regulated uses shall only be permitted in the light industrial, I-1, zoning district and only after special land use approval is obtained. The planning commission must find that there is not presently more than one such regulated use within 1,000 feet of the boundaries of the site of the proposed regulated uses. The planning commission may not waive this location provision for sexually oriented businesses as defined by this chapter. The planning commission may waive this locational requirement for tattoo establishments and body art establishments if the following findings are made:

1.

That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of the section will be observed.

2.

That the proposed use will not enlarge or encourage the development of a "skid-row" area in which the homeless, unemployed, transients or others may loiter or congregate for no gainful purpose.

3.

That the establishment of any additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any plans for future development of the area according to the city's master plan.

4.

That all applicable regulations of this chapter will be observed.

f.

Conditions of approval. The planning commission may recommend that the city council impose such conditions or limitations upon the establishment, location, construction, maintenance or operation of the regulated uses, as shall, in its judgment, considering the standards set forth in section 102-171, standards for approval, be necessary for the protection of the public health, safety, welfare and interest, except that any conditions imposed on a sexually oriented business shall be limited to those conditions necessary to assure compliance with the standards and requirements of subsection 102-177(1), requirements for sexually oriented businesses. Any evidence and guarantee may be required as proof that the conditions stipulated in connection with the establishment, maintenance and operation of a sexually oriented business shall be fulfilled.

g.

Time limits for review. An application for special land use approval of a regulated use shall proceed before the planning commission for recommendation, and then the city council for final decision. Applications for special land use approval of a regulated use, except for a sexually oriented business, shall be processed in the normal course. The following time limits shall apply to the review of an application by the planning commission and city council for special approval of a sexually oriented business:

1.

The planning commission will publish notice and hold a public hearing as required for special land use approval review within 60 days of receiving a complete and technically compliant special land use approval and site plan application, as required by article XIII, for a sexually oriented business.

2.

The planning commission will make its recommendation regarding the special approval application for a sexually oriented business at the next regularly scheduled meeting of the planning commission following the public hearing held to review the application, unless additional information is required from the applicant, or to a later date if agreed to by the applicant. If additional information is required, the planning commission will make its recommendation at the next regularly scheduled meeting after receipt of the requested additional information, provided the additional information is received no later than 15 days prior to the meeting, unless a later date is agreed to by the applicant.

3.

The recommendation of the planning commission will be forwarded to the city council within 60 days of the meeting at which planning commission issues its recommendation, unless a later date is agreed to by the applicant. The city council will render its decision to grant or deny special approval of the sexually oriented business or to grant approval with conditions, unless additional information is required from the applicant, or unless a later date is agreed to by the applicant.

4.

Failure of the city to act within the above specified time limits shall not be deemed to constitute the grant of special approval to the sexually oriented business.

h.

Effect of denial. No application for a regulated use which has been denied wholly or in part shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of changed conditions.

i.

Revocations. In any case where a building permit for a regulated use is required and has not been obtained within six months after the granting of the special land use by the city council, the grant of special land use shall become null and void.

j.

Reconstruction of damaged regulated uses. Nothing in this section shall prevent the reconstruction, repairing or rebuilding and continued use of any building or structure, the use of which makes it subject to the controls of this section, which is damaged by fire, collapse, explosion or act of God, provided that the expense of such reconstruction does not exceed 50 percent of the reconstruction cost of the building or structure at the time such damage occurred, provided that where the reconstruction repair or rebuilding exceeds the above stated expense, the re-establishment of the use shall be subject to all provisions of this section.

k.

Requirements for sexually oriented businesses.

1.

Purpose and intent. It is the purpose of this section to regulate sexually oriented businesses to promote and protect the health, safety, morals and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent a concentration of sexually oriented businesses within the city. These regulations are intended to control the negative secondary impacts such businesses have been documented to have on the surrounding area and the community. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Likewise, it is not the intent of this chapter to legitimize activities which are prohibited by city ordinance or state or federal law.

2.

Definitions. Sexually oriented businesses are defined in article XXV definitions.

3.

Location of sexually oriented business. A sexually oriented business shall not be located closer than 1,000 feet to the property line of any of the following:

A.

A building used primarily for religious worship and related religious activities;

B.

A public or private elementary or secondary school, vocational school, special education school, junior college or university;

C.

A residential zoning district;

D.

A parcel in residential use;

E.

A public or private park;

F.

An existing sexually oriented business; and

G.

A child day care facility, nursery or preschool.

4.

A sexually oriented business site shall not be located closer than 300 feet to the right-of-way of a major thoroughfare within the city.

5.

Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property site boundary of a sexually oriented business to the nearest property line of the premises of any use, district or right-of-way listed in subsection (1)a above or public right-of-way listed in subsection (1)b above. The distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects from the site or property boundary in which each business is located. Access easements or portions of the parcel that are exclusively used to provide access to the site of the sexually oriented business shall be excluded from the parcel boundary in determining whether the site complies with the required separation. The intent of this exclusion is to allow sexually oriented businesses to comply with the separation requirement from major thoroughfares by means of an access easement or access strip of land from the site to the thoroughfare.

6.

A person is in violation of this section if he/she causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 1,000 feet of another sexually oriented business.

7.

A person is in violation of this section he/she causes or permits the operation, establishment or maintenance of more than one sexually oriented business in the same building, structure or portion thereof or the substantial enlargement of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.

8.

All off-street parking areas and entry door areas of a sexually oriented business shall be illuminated from dusk until the closing time. This requirement is to ensure the personal safety of patrons and employees, and to reduce the incidence of vandalism and other criminal conduct.

9.

Any business now classified as a sexually oriented business lawfully operating on the date of adoption of the ordinance that is in violation of this section shall be deemed a nonconforming use.

l.

Exterior display and signs. A sexually oriented business is in violation of this section if:

1.

The merchandise or activities of the establishment are visible from any point outside the establishment; or

2.

The exterior portions of the establishment or signs have any words, lettering, photographs, silhouettes, drawing or pictorial representatives of any specified anatomical area or sexually explicit activity as defined in this chapter.

m.

Enforcement. A violation of the provisions of this section shall result, in addition to the remedies provided herein, possible criminal violations consisting of a fine of $500.00 or a jail term of 90 days, or both.

(2)

Amusement parks, carnivals, fairgrounds, fairs, and other types of outdoor entertainment facilities.

a.

Minimum lot size shall be ten acres.

b.

Activity areas using fences, buildings, walkways, or other suitable barriers shall be clearly defined on the site plan.

c.

All buildings, structures, and parking shall be at least 300 feet from any dwelling unit, excluding any dwelling unit on the site.

d.

Vehicle access shall be provided onto a primary road. Vehicle access shall be controlled, with capability to accommodate at least three lanes of ingress traffic. At least 300 feet of stacking (queuing) area shall be provided on-site for parking fee collection.

e.

The planning commission shall determine the sufficient amount of on-site parking.

f.

Maximum lot coverage by buildings and structures shall be 20 percent.

g.

The planning commission may require posting of a financial performance guarantee, in an amount determined necessary by the city, to cover any potential damage or clean-up on the site or adjacent properties.

h.

The planning commission may establish limits on hours of operation, time limits on the validity of the special land use approval, or any other measures deemed necessary to minimize negative impacts on nearby uses and traffic operations along public streets.

i.

Prior to issuance of a special land use approval, the applicant shall provide evidence of public liability insurance and property damage insurance to cover potential liability for death or injury to persons or damage to property, which may result from the conduct of the activity.

(3)

Automobile gasoline stations.

a.

There shall be a minimum lot area of one acre and minimum lot width of 250 feet.

b.

Pump islands shall be a minimum of 40 feet from any public right-of-way or lot line. Tanks, propane, and petroleum products shall be set back at least 15 feet from any lot line.

c.

Overhead canopies shall be setback at least 20 feet from the right-of-way and constructed of materials consistent with the principal building. The proposed clearance of any canopy shall be noted on the site plan. Any signs, logo, or identifying paint scheme shall be in accordance with chapter 70, signs. The canopy shall be no higher than the principal building. Lighting in the canopy shall be recessed, fully shielded, and directed downward to prevent off-site glare.

d.

Only one driveway shall be permitted from each street unless the planning commission determines additional driveways will be necessary to ensure safe and efficient access to the site.

e.

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

f.

There shall be no outdoor storage or display of vehicle components and parts, supplies, or equipment except within an area defined on the site plan approved by the planning commission and which extends no more than ten feet beyond the building.

g.

The applicant shall submit a pollution incidence protection plan (PIPP). The PIPP shall describe measures to prevent groundwater contamination caused by accidental gasoline spills or leakage, such as special check valves, drain back catch basins, and automatic shut off valves, as approved by the city fire department.

h.

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

i.

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

(4)

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

a.

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

b.

There shall be a minimum lot frontage on a paved road of 200 feet.

c.

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

d.

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

e.

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

f.

The applicant shall submit a pollution incidence protection plan (PIPP). The PIPP shall describe measures to prevent groundwater contamination caused by accidental gasoline spills or leakage, such as special check valves, drain back catch basins, and automatic shut off valves, as approved by the city fire department.

g.

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

(5)

Bed and breakfast inns/Airbnb.

a.

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

b.

No bed and breakfast inn shall be located closer than 300 feet to another bed and breakfast inn.

c.

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

d.

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

e.

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

f.

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

g.

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

(6)

Commercial parking lots.

a.

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

b.

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

c.

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

(7)

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

a.

Sufficient stacking capacity in accordance with article XIX, off-street parking and loading standards, for the drive-through portion of the operation shall be provided to ensure that traffic does not extend into the public right-of-way.

b.

A bypass lane shall be provided around the stacking spaces.

c.

In addition to parking space requirements, at least three parking spaces shall be provided in close proximity to the exit of the drive-through portion of the operation to allow for customers waiting for delivery of orders.

d.

Only one ingress/egress driveway shall be permitted on any single street. If the use is located on a corner lot access to the drive-through facility shall be only from the street which carries the least amount of daily traffic at the time the application is approved, except that such access from any other street may be shared with an adjoining property.

e.

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

f.

Access driveways shall be located no less than 100 feet from the centerline of the intersection of any street or 75 feet from the centerline of any other driveway.

g.

Overhead canopies shall be setback at least 20 feet from the right-of-way and constructed of materials consistent with the principal building. The proposed clearance of any canopy shall be noted on the site plan. The canopy shall be no higher than the principal building.

h.

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

(8)

Essential public service buildings and structures.

a.

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

b.

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

c.

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

(9)

Garden centers.

a.

The outdoor storage or material display areas shall not be permitted in any front yard as determined by the planning commission. Such areas shall meet all other yard setback requirements applicable to any building in the district.

b.

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

c.

The storage of any soil, sand, mulch, or similar loosely packaged materials shall be sufficiently contained to prevent any adverse effect upon adjacent properties. The outdoor storage of fertilizers, pesticides, and other hazardous materials shall be prohibited.

d.

Decorative fences, knee walls, and other architectural features may be required by the planning commission for outdoor sales, display, and storage areas to assure compatibility with the existing or intended character of the general vicinity.

e.

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

(10)

Golf courses.

a.

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

b.

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

c.

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

d.

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

(11)

Golf driving ranges and miniature golf courses.

a.

All traffic ingress and egress shall be from a major traffic route in the city master plan, or as a local or collector street on the city's Act 51 map.

b.

Whenever any such use abuts a residential district, a transition buffer area at least 100 feet in width shall be provided between all operations, buildings, and structures, including fences, and the residential property. Landscaping, berms, and structural screens of a type approved by the planning commission may be placed within the buffer strip.

c.

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

(12)

Hospitals.

a.

Minimum site area shall be ten acres.

b.

The proposed site shall have at least one property line abutting a "major street," as identified in the city's Act 51 map or identified as a major traffic route in the city master plan.

c.

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

d.

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

e.

Whenever any such use abuts a residential district, a transition buffer area of at least 100 feet in width shall be provided. Walls, fences, or landscaping may be required as part of this buffer area as determined by the planning commission.

f.

Emergency room, ambulance, and delivery areas shall be screened from public view with an obscuring wall and/or landscaping with a minimum height of six feet.

g.

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

h.

Parking for professional and outpatient buildings, or sections of a hospital building, shall be calculated as separate uses as noted in article XIX, off-street parking and loading requirements. Only one-half of the total number of parking spaces within gated or restricted physician parking lots shall be included for required parking calculations.

(13)

Parking structures.

a.

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

b.

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

c.

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

d.

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

(14)

Retail businesses with adult novelty items.

a.

Intent. Same as subsection 102-177(1).

b.

Definitions.

1.

Adult materials: One or a combination of more than one of the following types of materials: adult books and adult novelty items.

2.

Adult books: Books, magazines, newspapers, advertisements, displays, posters, 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 novelty items: Devices of simulated human genitals or devices designed for sexual stimulation.

4.

Retail businesses with adult novelty items: See article XXV, definitions (retail businesses with adult novelty items).

c.

Requirements and regulated uses. The following requirements and regulated uses are included this subsection and defined for purposes of regulating retail businesses with adult novelty items:

1.

Except for transitory movement by customers to the cash register and exiting the store, and except for temporary movement for delivery of inventory into the store and subsequent shelf placement, adult materials shall not be visible to the public, except for within a designated area meeting the following requirements:

A.

A separate room (hereinafter referred to as adult material room) with a minimum of six-foot high walls that screen or substantially limit view by persons in the remaining areas of the store.

B.

Minors under the age of 18 years of age shall not be permitted in the adult material room.

d.

The ceiling in the adult material room shall not be utilized for the display, storage or reflection of any adult materials.

e.

A bathroom and/or mechanical room adjacent to the adult material room shall at no time be used for the display or storage of adult materials.

f.

Adult materials are prohibited in any location visible to the public outside of a retail business, including any area visible to the public through front windows of a retail business.

g.

There shall not be any live modeling or similar activity of any sort on the property.

h.

There shall be only one public entrance to the retail business located at the front of the retail business only, excluding required emergency exits and loading doors.

i.

Retail businesses with adult novelty items shall be located at least 500 feet from.

j.

All churches, convents, temples and similar religious institutions.

k.

All public, private or parochial nursery, primary or secondary schools, public parks, and hospitals.

l.

All childcare centers or day care centers.

m.

Pre-viewing of any adult materials on or from any televisions, audio players, video screens, monitors or other devices in the retail business is prohibited.

(15)

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

a.

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

b.

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

c.

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

(16)

Theaters, cinemas, and similar places of assembly.

a.

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

b.

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

c.

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

d.

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