(a)

This article is intended to respond to the functions and characteristics of an increasing number of new kinds of land uses, combined with conclusive experience regarding some older, familiar uses, which call for a more flexible and equitable procedure for properly accommodating these activities in the village. Rather than assigning all uses to special, individual, and limited zoning districts, it is important to provide control and reasonable flexibility in requirements for certain uses that will allow practical latitude for the applicant, but will maintain adequate provision for the security of the health, safety, convenience, and general welfare of the village's inhabitants.

(b)

In order to accomplish this dual objective, provisions are made in this chapter for a more detailed consideration of each specified activity as it may relate to proposed conditions of location and design, size, operation, intensity of use, generation of traffic and traffic movements, concentration of population, processes and equipment employed, amount and kind of public facilities and services required, together with many other possible factors.

(c)

Uses possessing these particularly unique characteristics are designated as special land uses and may be authorized by the issuance of a special land use permit, which contains conditions and safeguards necessary for the protection of the public welfare.

(d)

The following sections, together with other references in other articles of this chapter, designate the procedures, standards and requirements for those uses requiring a special land use permit.

(Ord. No. 04-07, § 1(14.01), 7-12-2004)

(a)

A complete application for a special land use shall be submitted at least 30 days prior to the next scheduled planning commission meeting through the zoning administrator, who will review the application materials to ensure that the application is complete, and then transmit it to the planning commission.

(b)

An application for a special land use shall not be considered complete until all of the following materials have been submitted and deemed complete by the zoning administrator:

(1)

A completed application form, as provided by the village. An owner of, or person having an interest in, the property to be developed, or an authorized representative shall sign the application.

(2)

Twenty copies of the preliminary or final site plan meeting the requirements of section 82-423.

(3)

Payment of a fee, in accordance with a fee schedule, as determined by village council resolution.

(4)

A legal description, including the permanent parcel number, of the subject property.

(5)

A statement with supporting evidence regarding compliance with section 82-385 and the applicable specific requirements of sections 82-386 or 82-387.

(6)

Other materials as may be required in this article, or by the zoning administrator, planning commission, or village council.

(c)

An application shall not be accepted until all required materials are provided. Incomplete applications shall be returned to the applicant with an indication of the items necessary to make up a complete application.

(Ord. No. 04-07, § 1(14.02), 7-12-2004)

(a)

Public hearing.

(1)

The planning commission shall schedule a public hearing after receipt of the application.

(2)

The village clerk shall cause proper notice of a public hearing in accordance with the requirements of the Zoning Act.

(3)

Any person may speak or present documents or evidence in support of a position regarding the application at the public hearing.

(b)

Upon conclusion of the hearing, and after time for deliberation, the planning commission shall make a recommendation to the village council for approval, approval with conditions, or denial. The commission shall state its reasons for the recommendation in its minutes for submission to the council, based on the applicant's compliance with the general standards of section 82-385 and the applicable specific requirements of sections 82-386 or 82-387.

(c)

Upon receipt of a report and summary of hearing comments from the planning commission, the village council may hold an additional public hearing, if it considers necessary, using the same public notice requirements as the planning commission hearing.

(d)

After time for deliberation, the village council shall approve, approve with conditions, or deny the application. The council shall state its reasons for the action taken in its minutes, based on the applicant's compliance with the general standards of section 82-385 and the applicable specific requirements of sections 82-386 or 82-387.

(e)

The village council, upon approval of an application for special land use permit, shall authorize the zoning administrator to issue the permit subject to any conditions and requirements specified by the village council.

(Ord. No. 04-07, § 1(14.03), 7-12-2004)

(a)

Before granting a special land use permit, the planning commission may recommend and the village council may impose reasonable conditions or limitations upon the establishment, location, construction, maintenance, or operation of the use authorized by the special land use permit as may be necessary for the protection of the public interest.

(b)

Conditions may include those necessary to insure that the general standards of section 82-385 and the applicable specific requirements of sections 82-386 or 82-387 are achieved, and that public services and facilities affected will be capable of accommodating increased demand and facility loads; that the natural environment will be protected and natural resources and energy conserved; and to insure compatibility with adjacent uses of land; to promote the use of land in a socially and economically desirable manner are necessary to meet the intent and purpose of the regulations contained in this chapter.

(c)

The conditions imposed shall be recorded in the minutes of the village council and shall remain unchanged except upon mutual consent of the village council and the owner of the property affected. The village council shall record in its minutes any changes in conditions of approval of special land use permits.

(d)

Conditions and requirements stated as part of special land use permit authorization, including all plans, specifications and statements submitted with the application for a special land use permit, shall be a continuing obligation of its holder. The zoning administrator shall make periodic investigations of uses authorized by special land use permits to determine continued compliance with all requirements.

(e)

Certification of compliance: At final inspection or at other appropriate times the zoning administrator shall certify whether all conditions and other requirements of the village council in its approval of the special land use have been fulfilled.

(f)

An application for a special land use permit which had been denied wholly or in part by the village council shall not be resubmitted until the expiration of one year or more from the date of denial, except in the case of newly discovered evidence or changed conditions found by the zoning administrator to be sufficient to justify reconsideration by the village council.

(Ord. No. 04-07, § 1(14.04), 7-12-2004)

(a)

The planning commission and village council shall review the particular facts, circumstances and evidence presented. The planning commission and village council decisions shall be based on the general standards of this section and the applicable specific requirements contained in sections 82-386 or 82-387.

(b)

It shall be incumbent upon the representatives of the applicant for a special land use permit to provide documentation and evidence in support of the proposal. It shall also be the obligation of the applicant to furnish evidence, or proof of compliance with the general standards and applicable specific requirements contained in this section and sections 82-386 or 82-387.

(c)

General standards: The general standards are basic to all special land uses; and the specific requirements of sections 82-386 and 82-387 are in addition to and shall be required in all applicable situations. The following general standards must be met before approval may be granted:

(1)

The proposed use shall comply with the general objectives and land use policies contained in the Village of Sparta Master Plan.

(2)

The proposed use shall be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing character of the general vicinity.

(3)

The proposed use is served by necessary public facilities that are adequate or can be made adequate to serve the proposed use. Specifically, existing streets, storm water drainage, water supply, fire protection, police, emergency medical care, sanitary sewer disposal, solid waste disposal, and public recreation shall be adequate to serve the proposed project.

(4)

The proposed use shall not be hazardous or disturbing to neighboring uses or cause any conflict to the existing use and quiet enjoyment of surrounding property.

(5)

The proposed use shall not involve activities, processes, materials and equipment and conditions of operation that will be detrimental to any person, property, or the general welfare by reason of excessive traffic, noise, smoke, fumes, glare or odors.

(6)

The proposed use shall be consistent with the intent and purpose of this chapter.

(Ord. No. 04-07, § 1(14.05), 7-12-2004)

(a)

The requirements set forth in this section relate to particular special land uses and specific requirements in the residential districts that must be met in addition to the general standards of section 82-385.

(1)

Campgrounds.

(2)

Private cemeteries.

(3)

Public utility structures.

(4)

State licensed residential care group facilities

(5)

State licensed group day care centers.

(6)

Manufactured home parks.

(b)

Specific requirements for the above listed uses are as follows:

(1)

Campgrounds.

a.

Minimum lot size shall be three acres. The lot shall provide direct vehicular access to a public street or road. The term "lot" shall mean a campground or travel trailer park.

b.

Public stations, housed in all-weather structures, containing adequate water outlet, waste container, toilet and shower facilities shall be provided.

c.

No commercial enterprise shall be permitted except that a convenience store may be provided in a development containing more than 80 sites. The convenience store shall not exceed a maximum floor area of 1,000 square feet.

d.

Each lot shall provide hard-surfaced, dust-free vehicle parking areas for site occupant and guest parking. The parking area shall be located within 400 feet of the site it is intended to serve (except in the case of sites specifically designated only for tent camping).

e.

Each site shall contain a minimum of 1,500 square feet and set back at least 75 feet from any public or private right-of-way or property line.

f.

Each travel trailer site shall have direct access to a hard-surfaced, dust-free roadway of at least 24 feet in width for two-way traffic and 12 feet in width for one-way traffic. Parking shall not be allowed on any roadway. Sites specifically designated for, and only used for, tent camping, need not have direct vehicular access to any street or road.

g.

Any open drainage ways must have seeded banks sloped at least 3:1 and designed to properly drain all surface waters into the county drain system, subject to approval by the county drain commissioner, where a city storm drainage system is unavailable.

h.

All sanitary facilities shall be designed and constructed in strict conformance to all applicable county health regulations.

i.

A minimum distance of 15 feet shall be provided between all travel trailers and tents.

(2)

Private cemeteries.

a.

The minimum lot size for a cemetery shall be five acres.

b.

All gravesites, buildings and structures shall be set back at least 50 feet from any property line.

(3)

Public utility structures.

a.

Any buildings shall be generally compatible, with respect to materials and color, with the surrounding neighborhood.

b.

All buildings shall comply with the yard setback requirements of the district in which it is located.

(4)

State licensed residential care group facilities.

a.

The minimum lot area shall be at least one acre.

b.

The proposed site shall have direct access to a major thoroughfare.

c.

No building shall be closer than 40 feet to any property line or street right-of-way.

d.

Off-street parking shall be provided for family members and employees of the facility.

e.

Client pickup and drop off areas shall be located in a manner that vehicles do not stop in the travel lane of the adjacent roadway and vehicles are not required to back into the roadway.

f.

The property and residence exterior shall be maintained in a manner compatible with the surrounding neighborhood.

g.

The facility shall be in compliance with all applicable state licensing requirements.

(5)

State licensed group day care facilities.

a.

There shall be provided, equipped and maintained, on the premises, a minimum of 150 square feet of usable outdoor recreation area for each client making up the licensed capacity of the facility.

b.

The outdoor recreation area shall be fenced and screened from any abutting residential district or use by a decorative fence or wall, or a landscaped equivalent.

c.

Required off-street parking, as well as off-street pick-up and drop-off areas shall be provided.

d.

The applicant shall provide evidence of the ability to comply with all applicable state licensing requirements.

(6)

Manufactured home parks.

a.

Review and approval of preliminary plan.

1.

A preliminary plan, showing the location, layout and general design and a general description of the project shall be prepared in accordance with the applicable requirements of Public Act No. 96 of 1987 (MCL 125.2301 et seq.), rules of the state manufactured home commission and the following requirements:

(i)

Ten copies of the preliminary plans meeting the requirements of subsection below shall be submitted to the zoning administrator.

(ii)

The preliminary plans shall exhibit all necessary information and details to determine compliance with the rules promulgated by the state manufactured home commission and applicable state departments and agencies for the development of manufactured home parks, as well as to determine compliance with this chapter, with local fire chapters and building codes.

2.

The preliminary plan shall be at a scale of at least 100 feet to the inch and show:

(i)

The scale and north arrow;

(ii)

The site location on a vicinity map which illustrates the site in relation to the surrounding area within one-half mile;

(iii)

The total acreage to the nearest tenth of an acre;

(iv)

The name and address of the owner, developer and engineer/site planner who prepared the plan;

(v)

Property and lot lines with dimensions;

(vi)

Setback lines;

(vii)

Topography at two-foot contours, showing present and proposed contours (United States Geological Survey data shall be used);

(viii)

Existing and proposed utilities, including water, sewer, storm drains, electric and gas utilities;

(ix)

Building locations and dimensions;

(x)

Manufactured home pads/sites;

(xi)

The recreation area plan, if the developer intends to provide such recreation area;

(xii)

The required open space area, with dimensions and total area;

(xiii)

A landscape plan showing walks, fences and screening;

(xiv)

Parking spaces and access drives with dimensions; and

(xv)

All public and private rights-of-way and easements bounding and intersecting the area and an indication of which are proposed to be continued, created, relocated and/or abandoned.

3.

Preliminary plans submitted to the village shall be subject to review and approval by the village council after receiving recommendation by the planning commission. The council shall approve, modify or disapprove the preliminary plans within 60 days of the date of submission of such plans to the village. If the plans are not approved, modified or disapproved within the 60 days, the preliminary plans shall be deemed approved.

b.

Site area and dimensions.

1.

A minimum of ten acres shall be required for the development of a manufactured home park.

2.

The site shall comprise a single tract and be so dimensioned as to facilitate efficient design and management. A manufactured home park shall have at least 66 feet of frontage on an arterial road. However, minimum width of the site for portions used for general vehicle entrances and exits only shall be 66 feet. All ingress and egress to and from the development shall be onto that road. For portions containing lots for dwellings and buildings generally open to occupants, minimum dimensions shall be 200 feet.

3.

These limitations shall not apply where expansion of an existing manufactured home development is concerned and where such expansion will not increase variation from requirements applying to manufactured home parks as set forth in this subdivision.

c.

State requirements. All manufactured home park developments shall comply with the applicable requirements of Public Act No. 96 of 1987 (MCL 125.2301 et seq.) and the rules promulgated by the state manufactured home commission.

(Ord. No. 04-07, § 1(14.06), 7-12-2004; Ord. No. 18-05, § 3, 2-12-2018; Ord. No. 24-02, § 17, 6-10-2024)

(a)

The requirements set forth in this section relate to particular special land uses and specific requirements in the nonresidential districts that must be met in addition to the general standards of section 82-385.

(1)

Adult uses.

(2)

Building material suppliers (CBD district).

(3)

Commercial communication towers, including commercial television, radio, and public utility transmitting and/or receiving towers and receiving microwave antennas, and their attendant facilities.

(4)

Commercial day care facilities (CBD district).

(5)

Commercial recreation facilities (CBD district).

(6)

Freight yards and terminals.

(7)

Incineration of garbage or refuse when conducted within an approved and enclosed incinerator plant.

(8)

Junkyards.

(9)

Metal plating, buffing and polishing, subject to appropriate measures to control the types of process to prevent noxious results and/or nuisances.

(10)

Nonresidential uses located in converted residential buildings (CBD district).

(11)

Nurseries and greenhouses (CBD district).

(12)

Open air businesses (CBD district).

(13)

Private educational institutions (CBD district).

(14)

Religious institutions (CBD district).

(15)

Residential uses meeting the lot area requirements of the R-H district (CBD district).

(16)

Residential uses when combined with commercial businesses permitted in section 82-292 (CBD district).

(17)

Recreational marihuana retailers.

(18)

Recreational marihuana safety compliance facilities.

(19)

Recreational marihuana secure transporters.

(20)

Shopping center or shopping mall (CBD district).

(21)

Tractor trailer and trucking facilities, including storage and repair.

(22)

Vehicle service station and incidental repair and servicing (CBD district).

(23)

Veterinary hospital, clinic or indoor kennel (CBD district).

(24)

Waste lagoon ponds, industrially oriented and permanent in character.

(25)

Wireless telecommunication facilities (CBD district).

(b)

Specific requirements for the above listed uses are as follows:

(1)

Adult uses.

a.

The adult use shall not be located within a 1,000-foot radius of any other such use or be located on a lot or parcel within 500 feet of a public park, educational institution, child care facility, or religious institution.

b.

Any sign or signs proposed for an adult use must comply with the requirements of article VII, and any applicable county, state, and federal laws.

c.

No product for sale or gift, shall be displayed so that it is visible by a person of normal visual acuity from the nearest adjoining roadway or adjoining property.

d.

No product for sale or gift, nor any picture or other representation of any product for sale or gift, shall be displayed so that it is visible by a person of normal visual acuity from the nearest adjoining roadway or adjoining property.

e.

All off-street parking areas shall be illuminated from at least 90 minutes prior to sunset to at least 60 minutes after closing.

f.

No adult use shall be open for business prior to 10:00 a.m., nor after 10:00 p.m. However, employees or other agents, or contractors of the business may be on the premises at others hours for legitimate business purposes such as maintenance, preparation, record keeping, and similar purposes.

g.

All persons massaging any client or customer must be certified as a massage therapist by the American Massage Therapy Association or be a graduate of a school of massage therapy that is certified by the state, or have such other similar qualifications which must be submitted to and approved by the village council. All massage clinics are subject to inspection from time to time by the zoning administrator and shall be required to file reports as may be required by the village, at least annually, as to the names and qualifications of each person who administers massages under the authority or supervision of the massage establishment.

h.

Establishments where uses subject to the control of this subsection are located shall not be expanded in any manner without first applying for and receiving the approval of the village council, as provided herein.

(2)

Building material suppliers.

a.

Minimum lot area shall be one acre.

b.

Minimum lot width shall be 200 feet.

c.

The planning commission may require a six-foot fence or wall to be constructed along the rear and/or sides of the lot to keep trash, paper, and other debris from blowing off the premises.

d.

The lot area used for parking shall be hard-surfaced and the display or storage areas shall be provided with a permanent, durable, and dustless surface, and shall be graded and drained so as to dispose of all surface water.

(3)

Commercial communication towers, including commercial television, radio, and public utility transmitting and/or receiving towers and receiving microwave antennas, and their attendant facilities.

a.

The applicant shall submit documented proof of need for the tower in this location, and provide further documentation as to why co-location on another tower within the village or township is not available or will not provide the required coverage.

b.

The placement, operation, and location shall meet all village, state, and federal requirements.

c.

The location shall not exhibit any noise discernible from outside the property lines of the site.

d.

A bond shall be submitted to the village equal to the cost of removal when use is discontinued. The bond will be returned to the applicant provided the unused tower/antenna is removed within six months of its discontinuance. After removal the site shall be returned to its natural state within one year after use is terminated, unless the site is otherwise developed for a use permitted by the chapter.

e.

The tower must be designed and constructed so as to allow a minimum of three additional commercial antennas on the same structure.

f.

The tower will be located in a manner that in the event of a structure failure, it will not fall on any surrounding property.

g.

Landscaping shall be installed to screen the ground level structures on the site.

h.

A safety and security fence shall be erected, with a minimum height of six feet with barbed wire on the top around the site structure, including associated equipment.

(4)

Commercial day care facilities.

a.

There shall be provided, equipped and maintained, on the premises, a minimum of 150 square feet of usable outdoor recreation area for each client making up the licensed capacity of the facility.

b.

The outdoor recreation area shall be fenced and screened from any abutting residential district or use by a decorative fence or wall, or a landscaped equivalent.

c.

Required off-street parking areas shall be provided.

d.

Off-street pick-up and drop-off areas shall be provided that are adequate to ensure that no vehicles shall block any street sidewalks or traffic lanes.

e.

The applicant shall provide evidence of the ability to comply with all applicable state licensing requirements.

(5)

Commercial recreation facilities.

a.

Minimum lot size shall be one acre. The lot shall provide direct access to a major street.

b.

Ingress and egress shall be provided as far as practicable from two intersecting streets and shall be at least 50 feet from an intersection.

c.

Parking areas shall have a minimum front yard setback of 20 feet and side and rear yard setbacks of at least ten feet unless a greater setback is required by this chapter.

d.

Public rest rooms, housed in all-weather structures, containing adequate water outlets, waste containers, and toilets shall be provided.

e.

No commercial, for profit enterprise not related to the operator of the commercial recreation facility shall be permitted to operate on the lot.

f.

All main buildings or outdoor activity areas shall be set back at least 75 feet from any property line.

(6)

Freight yards and terminals.

a.

Minimum lot size shall be three acres.

b.

The lot location shall be such that at least one property line abuts a paved street and ingress and egress for all vehicles shall be directly from that street.

c.

The main and accessory buildings shall be set back at least 75 feet from all property lines.

d.

Truck parking and staging areas shall be fenced and screened from the view of any abutting residential district or use by a decorative fence or wall, or a landscaped equivalent.

e.

Access driveways shall be located no less than 50 feet from the nearest part of the intersection of any street or any other driveway.

(7)

Incineration of garbage or refuse when conducted within an approved and enclosed incinerator plant.

a.

All uses shall be established and maintained in accordance with applicable state statutes. To the extent that any of the requirements of this subsection are less stringent than those in applicable state statues, the state requirements shall prevail.

b.

The site shall be screened on all sides. As a minimum, the use shall be enclosed by a fence six feet or more in height for the entire periphery of the property. Fences shall be adequate to prevent trespassing and contain debris.

c.

All areas within any single development shall be in a condition of being entirely lacking in hazards, inconspicuous and blended with the general surrounding ground form.

d.

The village council shall establish routes for truck movement in and out of the development in order to minimize the wear on public streets, to minimize traffic hazards and to prevent encroachment of traffic, or the by-products of traffic (such as dust and noise), upon adjacent properties.

e.

All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to property, individuals, or the community in general.

(8)

Junkyards.

a.

Requests for a special land use approval for establishment of a junkyard shall also require submission of a detailed proposal identifying the predominant type of salvage or junk to be received, the methods of separation and/or recycling, and ultimate destination of waste materials. The applicant shall be required to submit written materials outlining measures taken to comply with all necessary state, county, and local laws.

b.

The property shall be a minimum size of at least six acres.

c.

The site shall abut and have suitable access to a major street to ensure safe, direct transport of salvage to and from the site.

d.

No portion of the storage area shall be located within 1,000 feet of any residential district.

e.

Any outdoor storage area shall be completely enclosed by a fence or wall at least six feet in height constructed of a sturdy, durable material and sufficiently opaque to ensure that salvage is not visible from outside the storage area. The fence or wall shall have a minimum of two nontransparent gates not exceeding 48 feet in width providing access to the storage area for vehicles but shall not allow direct view of the storage area from adjacent properties or streets. Said fence or wall shall be continuously maintained in good condition and shall contain only approved signs.

f.

Stored materials shall not be stacked higher than ten feet and shall be stored in a manner so as not to be visible from adjoining properties or rights-of-way. In no case shall salvage or junk be stored at a height exceeding the height of the storage area fence or wall.

g.

The fence or wall enclosing the storage area shall meet the applicable building setback requirements.

h.

A management office shall be provided on site. A residence may be permitted for security personnel or on-site operator.

i.

Conditions within the storage area shall be controlled to minimize the hazards of fire and other threats to health and safety.

j.

All portions of the storage area shall be accessible to emergency vehicles.

k.

Vehicles or vehicle bodies shall be stored in rows with a minimum of 20-foot wide continuous loop drives separating each row of vehicles.

l.

All batteries shall be removed from any vehicle, and all radiator and fuel tanks shall be drained prior to the vehicle being placed in the storage yard. Salvaged batteries, oil and other such substances shall be removed by a licensed disposal company or be stored in a manner which prevents leakage of battery fluid. No fluids removed from vehicles shall be applied as a dust control method.

m.

Vehicle parts shall not be stored, loaded, unloaded, or dismantled outside the fence enclosing the salvage yard.

n.

All fences shall be set back a minimum of 300 feet from any residential district.

o.

In order to protect surrounding areas, the crushing of vehicles or any part thereof shall be limited to daylight hours.

p.

The planning commission may impose other conditions which have a reasonable relationship to the health, safety and general welfare of the village. These conditions can include a provision for an annual inspection by the village to ensure continuing compliance with the above standards.

(9)

Metal plating, buffing and polishing, subject to appropriate measures to control the types of process to prevent noxious results and/or nuisances.

a.

Minimum lot size shall be two acres.

b.

The main and accessory buildings shall be set back at least 100 feet from all property lines and a minimum of 200 feet from adjacent residential uses.

c.

Any outside storage area shall not exceed 2,000 square feet in area and shall be screened from view on all sides by a six-foot or greater solid, decorative fence or wall, or landscaped equivalent. The fence or wall shall be tall enough to screen the view of the contents of the storage area.

d.

Truck parking and staging areas shall be fenced and screened from the view of any abutting residential district or use by a decorative fence or wall, or a landscaped equivalent.

e.

Any portion of a building containing the use shall not have loading doors, windows, or other similar openings facing an abutting residential district or use. If openings are present, they shall remain closed at all times while any part of the business is in operation.

(10)

Nonresidential uses located in converted residential buildings.

a.

The residential use within each building shall be limited to the approved area for such use, unless modified by further site plan approval.

b.

No residential use shall be permitted below the second floor of any building within this district. Residential uses shall be incidental uses in office buildings and shall not be free standing structures except as may be permitted through the approval of a planned unit development, as approved through sections 82-331 et seq.

c.

The business office use of any building within this district shall be the primary use. Residential uses within a building may occupy greater floor area than the primary use in so far that all residential space is above the first floor.

d.

The minimum square footage for multiple residential units under section 82-194 shall apply to all residential units within the central business district.

e.

Each residential unit shall be a separate unit for water, sewer and electrical purposes and metering.

f.

Parking:

1.

All parking shall either be in the rear yard or along the side of the main building but must remain behind the front building line of the structure. Note: parking for any residential uses shall be provided in the rear of the building and marked.

2.

Ingress and egress shall be at least 50 feet from an intersection.

3.

Parking areas shall have a minimum front yard setback of 20 feet and side and rear yard setbacks of at least ten feet.

4.

The parking plan layout, points of access, and screening shall require the approval of the village council. (Screening shall be provided in accordance with the requirements of section 82-468).

5.

The number of spaces for each use on the site shall be in accordance with article VI of this chapter.

6.

If the nonresidential use is located adjacent to community parking facilities, that parking area may be counted as meeting all or part of the parking requirements for use, as determined by the village council.

(11)

Nurseries and greenhouses.

a.

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

b.

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

c.

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

d.

The display or storage areas shall be provided with a permanent, durable, and dustless surface, and shall be graded and drained so as to dispose of all surface water.

(12)

Open air businesses.

a.

Minimum lot area shall be one acre.

b.

Minimum lot width shall be 200 feet.

c.

The village council may require a six-foot fence or wall to be constructed along the rear and/or sides of the lot to keep trash, paper, and other debris from blowing off the premises.

d.

All open air businesses shall comply with all applicable health department regulations regarding sanitation and general health conditions.

e.

The village council may require the applicant to furnish a performance bond in accordance with the requirements of this chapter to insure strict compliance with any regulation contained herein and required as a condition of special land use approval.

f.

The lot area used for display or storage areas shall be provided with a permanent, durable, and dustless surface, and shall be graded and drained so as to dispose of all surface water.

g.

Ingress and egress shall be provided as far as practicable from two intersecting streets and shall be at least 100 feet from an intersection.

h.

In the case of a plant materials nursery:

1.

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

2.

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

3.

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

i.

Except as noted above, no display area shall be located within ten feet of a road right-of-way line.

(13)

Private educational institutions.

a.

Minimum site size for elementary schools shall be 12 acres, middle schools shall be 20 acres, and high schools shall be 40 acres.

b.

Minimum lot width of 200 feet abutting upon a paved public street.

c.

Athletic fields shall not be located closer than 100 feet to any property line abutting a residential district.

d.

Suitable screening shall be provided if, in the opinion of the planning commission, such screening is needed to minimize noise, visual, or other impacts upon surrounding residential districts.

(14)

Religious institutions.

a.

Minimum lot area shall be three acres, plus an additional 15,000 square feet for each 100 persons of seating capacity.

b.

Buildings of greater than the maximum height allowed in the district may be allowed provided front, side and rear yards are increased above the minimum required yards by one foot for each foot of building height that exceeds the maximum height allowed. All main and accessory buildings shall be set back a minimum of 100 feet from any one-family residential district. Parking shall be set back a minimum of 50 feet from any one-family residential district.

c.

Where adjoining residentially zoned or used property, the council may require a solid, decorative, masonry wall four feet in height along any common lot line. Such wall shall be continuously maintained in good condition. The council may approve a fence, landscaped berm, or landscaping as an alternative. At least one property line shall abut and have access to a major street.

d.

The planning commission or the village council may require an operations plan and/or parking generation studies to determine parking needs.

(15)

Residential uses meeting the lot area requirements of the R-H district.

a.

The residential use shall either:

1.

Provide a direct service or convenience to or reduce adverse impacts to surrounding uses or neighborhood;

2.

Provide a compatible transition between higher intensity and lower intensity uses;

3.

Foster a specific policy, as expressed in the village master plan, including, without limitation, historic preservation, moderate income housing, residential and non-residential mixed uses in appropriate locations, and group living arrangements for special populations; or

4.

Is an existing non-conforming use or a change thereto that is permitted according to section 82-124, nonconforming uses, structures, and lots.

b.

The location, size, design, and operating characteristics of the proposed development or change to an existing development for the residential use shall be reasonably compatible with and have minimal negative impact on the use of nearby properties.

c.

The development will not significantly adversely affect the infrastructure of the surrounding area, including, without limitation, water, wastewater, and storm drainage utilities and streets.

d.

The development will not change the predominant character of the surrounding area.

(16)

Residential uses when combined with commercial businesses permitted in section 82-292 (CBD district).

a.

The residential use within each building shall be limited to the approved area for such use, unless modified by further site plan approval.

b.

No residential use shall be permitted below the second story level of any building within the district.

c.

The business use of any building within the district shall be the primary use. Residential use within a building shall not occupy more floor area than business use.

d.

No more than three residential units shall be permitted in any building within the central business district.

e.

The minimum square footage for multiple residential units under section 82-194, R-H site development requirements, shall apply to all residential units within the central business district.

f.

Each residential unit shall be a separate unit for water and sewer purposes.

g.

Two parking spaces shall be required per residential unit, unless the requirement is waived or modified by the village council.

(17)

Recreational marihuana retailers.

a.

All recreational marihuana retailers must be equipped with an activated carbon filtration system or other similar filtration system to ensure that there is no detectable odor of marihuana or other odor related to the operation of the recreational marihuana retailer outside of the recreational marihuana retailer.

b.

Any detectable odor of marihuana or any other odor related to the operation of the recreational marihuana retailer outside of the recreational marihuana retailer is prohibited. The standard for detectable odor will be that of an individual with normal olfactory capabilities.

c.

Retail sales between the hours of 10:00 p.m. and 8:00 a.m. are prohibited.

d.

The lot where a recreational marihuana retailer is located may not be within 1,000 feet of a lot where a public or private school providing education in preschool, kindergarten, or any of grades 1 through 12 is located. Distance is measured as the shortest straight-line distance between lots.

e.

The lot where a recreational marihuana retailer is located may not be within 500 feet of any public park. Distance is measured as the shortest straight-line distance between lots. The requirements of this paragraph do not apply to the Village of Sparta Dog Park and the Village of Sparta Rogue River Park.

f.

The lot where a recreational marihuana retailer is located may not be within 50 feet of any property zoned R-M residential, R-H residential, PD planned unit development, or BD central business. Distance is measured as the shortest straight-line distance between lots.

(18)

Recreational marihuana safety compliance facilities.

a.

All recreational marihuana safety compliance facilities must be equipped with an activated carbon filtration system or other similar filtration system to ensure that there is no detectable odor of marihuana or other odor related to the operation of the recreational marihuana safety compliance facilities outside of the recreational marihuana safety compliance facilities.

b.

Any detectable odor of marihuana or any other odor related to the operation of the recreational marihuana safety compliance facilities outside of the recreational marihuana safety compliance facilities is prohibited. The standard for detectable odor will be that of an individual with normal olfactory capabilities.

c.

The lot where a recreational marihuana safety compliance facility is located may not be within 1,000 feet of a lot where a pre-existing public or private school providing education in preschool, kindergarten, or any of grades 1 through 12 is located. Distance is measured as the shortest straight-line distance between lots.

d.

The lot where a recreational marihuana safety compliance facility is located may not be within 500 feet of any public park. Distance is measured as the shortest straight-line distance between lots. The requirements of this paragraph do not apply to the Village of Sparta Dog Park and the Village of Sparta Rogue River Park.

e.

The lot where a recreational marihuana safety compliance facility is located may not be within 50 feet of any property zoned R-M medium-density residential, R-H, high-density residential, PD planned unit development, or BD central business. Distance is measured as the shortest straight-line distance between lots.

(19)

Recreational marihuana secure transporters.

a.

All recreational marihuana secure transporters must be equipped with an activated carbon filtration system or other similar filtration system to ensure that there is no detectable odor of marihuana or other odor related to the operation of the recreational marihuana secure transporter outside of the recreational marihuana secure transporter.

b.

Any detectable odor of marihuana or any other odor related to the recreational marihuana secure transporter outside of the recreational marihuana secure transporter is prohibited. The standard for detectable odor will be that of an individual with normal olfactory capabilities.

c.

The lot where a recreational marihuana secure transporter is located may not be within 1,000 feet of a lot where a pre-existing public or private school providing education in preschool, kindergarten, or any of grades 1 through 12 is located. Distance is measured as the shortest straight-line distance between lots.

d.

The lot where a recreational marihuana secure transporter is located may not be within 500 feet of any public park. Distance is measured as the shortest straight-line distance between lots. The requirements of this paragraph do not apply to the Village of Sparta Dog Park and the Village of Sparta Rogue River Park.

e.

The lot where a recreational marihuana secure transporter is located may not be within 50 feet of any property zoned R-M residential, R-H residential, PD planned unit development, or BD central business. Distance is measured as the shortest straight-line distance between lots.

(20)

Shopping center or shopping mall.

a.

The minimum lot area for a shopping center or mall shall be three acres.

b.

The site shall have a minimum of 300 feet of frontage on an arterial street, as shown in the village master plan.

c.

Shopping centers or malls shall be served by public sanitary sewer and water supply.

d.

Motor vehicle entrance and exit shall only be from an arterial or collector street identified in the village master plan.

e.

Pedestrian movement between buildings shall be designed without the need to cross drives or parking areas.

f.

No building within a shopping center or mall shall have a separate access to a street.

g.

Existing trees and other significant vegetation on the site shall be preserved whenever possible. Greenbelts, buffer strips, and berms may be required.

(21)

Tractor trailer and trucking facilities, including storage and repair.

a.

Minimum lot area shall be one acre.

b.

Minimum lot width shall be 200 feet.

c.

Overhead doors shall not face any roadway, except as approved by the planning commission for any of the following circumstances:

1.

For through garages where doors are provided on the front and rear of the building; or

2.

Garages located on corner or through lots; or,

3.

Where it is determined that a rear garage door would have a negative impact on an abutting residential district.

d.

All repair work shall be done within the building.

e.

All outdoor storage of vehicles, material, equipment and other material incidental to the operation shall be enclosed by a six-foot high solid wall or solid fence.

f.

Materials stored outdoors shall not be stacked higher than the height of the storage area fence or wall and shall be stored in a manner so as not to be visible from adjoining properties or rights-of-way.

g.

Outdoor storage areas are not permitted in the front yard of the site and shall meet the side and rear yard setback requirements.

h.

No operator shall permit outdoor storage of trucks or trailers within the parking lot. Vehicles stored within the parking lot of the site for a period in excess of 72 hours shall be considered a violation of this requirement.

(22)

Vehicle service station and incidental repair and servicing.

a.

Parking or storage of inoperative vehicles shall be completely surrounded by an opaque fence of not less than six feet in height.

b.

A minimum lot frontage of 100 feet shall be required.

c.

No more than one curb opening shall be permitted for every 75 feet of frontage (or major fraction thereof) along any street, with a maximum of one per street when located on a corner lot, and two for any other street.

d.

No drive or curb opening shall be located nearer than 75 feet to any intersection nor more than 25 feet to any adjacent residential district property line. No drive shall be located nearer than 50 feet, as measured along the property line, to any other driveway. A driveway shall not be permitted where, in the opinion of the village council, it may produce a safety hazard to adjacent pedestrian or vehicular traffic.

e.

A raised curb of six inches in height shall be constructed along the perimeter of all paved and landscaped areas.

f.

In addition to the minimum lot area required by the zoning district in which the use is located, the minimum lot area shall be increased 500 square feet for each fuel pump unit in excess of four and 1,000 square feet for each service bay in excess of two, and 300 square feet for each parking space intended for the storage of inoperative vehicles.

g.

The lot shall be located such that it is at least 300 feet from an entrance or exit to any property on which is situated a public library, public or private educational institution, playground, play field, park, religious institution or hospital.

h.

Where applicable, vehicle queuing space shall be provided in front of each service bay for at least two vehicles.

i.

Sufficient stacking capacity for the fuel pump portion of the operation shall be provided to ensure that traffic does not extend into the public right-of-way. A minimum of three stacking spaces for the service ordering station shall be provided. Stacking spaces shall be located so as not to interfere with vehicular circulation and egress from the property by vehicles not using the fuel pump portion of the facility.

j.

All buildings and accessory structures including gasoline pumps shall be setback at least 50 feet from any lot line or street right-of-way, and not less than 50 feet from any side or rear lot line abutting a residential district.

k.

The visual impact of the service station is minimized and screened from adjacent rights-of-way and properties through placement of the use, screening, landscaping, and other site design techniques.

l.

The location, size, design and operating characteristics of the proposed facility are reasonably compatible with the use of nearby properties.

m.

All equipment including hydraulic hoist, pits, and oil lubrication, greasing and automobile washing, repairing equipment and body repair shall be entirely enclosed within a building. There shall be no outdoor storage of merchandise such as tires, lubricants and other accessory equipment.

n.

All activities, except those required to be performed at the fuel pump, shall be carried on within a building.

o.

The rental of trucks, trailers, and any other vehicles on the premises is expressly prohibited without specific approval by the village council. If the use is permitted, proper screening, landscaping, and additional parking area shall be provided in accordance with the requirements set forth by the village council.

p.

There shall be no above ground tanks for the storage of gasoline, liquefied petroleum gas, oil or other flammable liquids or gases. In-ground storage of flammable liquids shall be in non-metallic containers, pressure tested under the supervision of an official designated by the village manager, and annually approved thereafter by the applicable state agency.

(23)

Veterinary hospital, clinic or indoor kennel.

a.

Buildings wherein animals are kept, dog runs, and/or exercise areas shall not be located nearer than 100 feet to any adjacent occupied dwelling or any adjacent building used by the public.

b.

No dog runs and/or exercise areas shall be located in any required front, rear or side yard setback area.

(24)

Waste lagoon ponds, industrially oriented and permanent in character.

a.

The applicant shall submit an impact assessment describing the expected odors; aesthetics; environmental impacts; and vehicular and truck traffic impacts associated with the use, and any mitigation measures to be employed.

b.

The site plan shall clearly illustrate the layout of the overall operation in relation to the proposed waste lagoon.

c.

Waste lagoon ponds shall be at least 500 feet from any residential district.

d.

The applicant shall describe procedures for managing stormwater runoff and preventing pollution of groundwater.

e.

The applicant shall use acceptable methods for control of odors.

f.

All uses shall be enclosed by a fence six feet or more in height around the periphery of the property. Fences shall be adequate to prevent trespassing.

g.

All uses shall be established and maintained in accordance with all applicable county, state and federal laws.

h.

A bond shall be submitted to the village equal to the cost of removal and rehabilitation when use is discontinued. The bond will be returned to the applicant provided the waste lagoon is appropriately removed and the site is appropriately rehabilitated within six months of completion of work.

(25)

Wireless telecommunication facilities.

a.

The applicant must provide sufficient information to demonstrate the following:

1.

Collocation on or joint use of any existing tower or antenna is not possible.

2.

The tower or antenna will not be injurious to the safety, aesthetics, or property values of nearby residences.

b.

It is the village's policy to minimize the proliferation of new wireless telecommunication facility support structures in favor of collocation of such facilities on existing structures. No new wireless telecommunication facility support structures shall be constructed unless the applicant for the new structure demonstrates, and the village council finds, that collocation on an existing structure is not adequate or is not reasonably feasible.

c.

All wireless telecommunication facility support structures, unless otherwise provided, shall have a monopole, unipole or similar nonlattice, single vertical structure design and shall be further designed to accommodate at least three wireless telecommunication arrays of antennas or panels. The applicant shall submit an affidavit by a design engineer registered in the state attesting that this requirement is met.

d.

The site plan for any new support structure shall expressly state that the support structure shall be erected and available for collocation, and shall also show the proposed location of the applicant's and collocators' equipment shelters and related facilities.

e.

Wireless telecommunication facilities shall not exceed 165 feet in height, as measured from the average grade at the base of the support structure to the top of the antenna or panel. Wireless telecommunication facilities which support three or more arrays of antennas or panels may be increased to 185 feet in height. In no case shall the height exceed any applicable height limitation established by county, state or federal regulations.

f.

If located on the same lot as another permitted use, a wireless telecommunication facility shall not be located in a front yard or side yard abutting a street. The village council may approve a support structure utilizing camouflage or stealth design for location in a front or side yard abutting a street if the council determines that location will better facilitate a satisfactory and harmonious relationship with existing and prospective development of contiguous land and adjacent neighborhood.

g.

Wireless telecommunication facilities shall be set back from the lot line a distance not less than one-half of its height or 65 feet, whichever is greater. However, when wireless telecommunication facilities are located on premises which abuts a residential district lot, the minimum setback from the lot line abutting that lot shall be equal to the height of the facility. All setbacks shall be measured from the edge of the facility.

h.

Wireless telecommunication facilities shall be installed and maintained in accordance with manufacturers' specifications and the building code.

i.

Removal:

1.

Upon discontinuance or cessation of use, the facility shall be removed by the owner thereof.

2.

A performance guarantee shall be posted at the time of receiving a permit for the facility to ensure its removal when it is abandoned or no longer needed. The applicant shall demonstrate that funds will be available to the village for removal of any structure used for wireless communication in an amount which reasonably reflects the cost of its removal and restoration of the property or structure upon which the facility is placed.

3.

Adequate funds shall also be provided to cover the village's administrative costs in the event that the applicant or its successor does not remove the wireless telecommunication facility in a timely manner.

4.

The security shall, at the election of the village council, be in the form of cash; security bond; letter of credit; or an agreement in a form approved by the village attorney and recordable at the office of the register of deeds, establishing a promise of the applicant and owner of the property, or their successors, to remove the facility in a timely manner as required by this subsection.

5.

The applicant, owner or successor, shall be responsible for payment of any costs or attorney fees incurred by the village in securing removal.

j.

No sign shall be attached to or displayed on a wireless telecommunication facility. No signals or lights or other means of illumination shall be permitted on a facility unless required by state or federal law or regulation. The facility shall have a neutral color intended to blend with the surroundings.

k.

If the wireless telecommunication facility is planned on a site upon which is located another main building or structure, and an equipment shelter is proposed, the equipment shelter shall be constructed with exterior facade materials similar to the main building or structure on the site.

l.

Wireless telecommunication antennas or panels may be installed on existing buildings or structures provided such antennas or panels, and their supporting structure, do not exceed the height limitation set forth in subsection e. above.

m.

Any wireless telecommunication antenna or panel mounted on an existing building or structure which does not increase the height of the building or structure shall be exempt from the setback requirements of subsection g. above.

n.

Wireless telecommunication facilities located in one-family residential district shall meet one of the following requirements:

1.

The wireless telecommunication facility shall be mounted directly onto an existing, nonresidential building in a manner that does not increase the height of the building. The facility shall consist of material or color which is compatible with the exterior treatment of the building;

2.

The wireless telecommunication facility shall be located on an existing non-residential support structure, pole or tower such as a public or private utility tower, pole or structure, but not on a building. The facility shall consist of a material or color which is compatible with the tower, pole or structure. Antennas or panels may extend above the top of the tower, pole or structure not more than 30 feet; however, the height to the top of the antenna or panel may not exceed 165 feet; or

3.

The wireless telecommunication facility shall be located on a new support structure situated on public property. Any facility located on public property which is used for passive recreation shall be designed to minimize the conspicuousness of the facility (e.g. utilizing camouflaged or stealth designed poles or existing environmental features as screening). All such facilities located on public property shall meet the setback requirements of subsection g. above.

(Ord. No. 04-07, § 1(14.07), 7-12-2004; Ord. No. 05-09, § 1, 7-11-2005; Ord. No. 18-05, § 3, 2-12-2018; Ord. No. 23-07, § 6, 8-14-2023; Ord. No. 24-02, § 18, 6-10-2024)

(a)

Heights of buildings or structures that exceed 80 feet, except as specifically regulated by this chapter, shall be reviewed by the planning commission and approved by the village council only upon meeting the general standards of section 82-385 and the specific requirements of this section:

(1)

The proposed height shall only be approved if the proposed building or structure is located a minimum of the same distance as its height from any adjoining property line. In its review of the application, the planning commission may recommend and the village council may require a setback that is greater than the proposed height of the building or structure, in order to mitigate any negative impacts of the proposed building or structure height on nearby properties.

(2)

The structural integrity of the proposed building or structure is approved the village building inspector, and the building or structure complies with all applicable state, federal, and local construction codes.

(3)

The proposed building or structure has been approved by the village fire department fire chief.

(4)

The proposed building must be of a size, scale and appearance which is substantially compatible with nearby buildings and structures, and which does not negatively impact the character of the nearby neighborhood or the skyline of the village.

(Ord. No. 16-02, § 3, 7-11-2016)