This article describes procedures and standards for approval of special land uses. These uses, because of their unique characteristics, require special consideration in relation to the welfare of adjacent properties and the community as a whole. The regulations and standards herein are designed to allow reasonable uses of land while maintaining adequate provisions for the protection of the health, safety, and welfare of the community.
Optional pre-application conference. Prior to the submission of an application for special land use, the applicant may meet with the Village for initial review. The purpose of this meeting is to facilitate discussion between the applicant and Village, and to identify any potential issues that will need to be addressed in the site development process.
Application requirements. A special land use application shall be submitted to the Zoning Administrator at least 30 days prior to the next regular Planning Commission meeting. An application that is incomplete or otherwise not in compliance with this chapter shall be returned to the applicant. All applications shall include the following:
Twelve copies of the site plan containing all of the information required by Article XVII, provided that the Zoning Administrator may waive any of the submittal requirements pursuant to § 390-124C.
Public hearing. Upon receipt of an application for approval of a special land use, the Zoning Administrator shall schedule a Planning Commission public hearing on the special land use request, in accordance with § 390-151.
Planning Commission decision. Following the public hearing on the special land use request, and the Planning Commission shall approve, approve with conditions or deny the special land use request, based upon review and consideration of materials submitted with the application and comments received at the public hearing.
Attachment of conditions. The Planning Commission may impose reasonable conditions related to approval of a special land use which are deemed necessary to:
Ensure that public services and facilities will be capable of accommodating increased service and facility loads caused by the proposed special land use;
Basis for decision. In arriving at their decision, the Planning Commission shall refer to and be guided by those standards set forth in this article. The decision of the Planning Commission or Zoning Administrator, as applicable, shall be incorporated in a statement of conclusions specifying the basis of the decision and any conditions imposed. The decision and statement of conclusions, including conditions imposed on any approval, shall be kept and made a part of the minutes of the Planning Commission or as part of an official record.
Issuance of permit and enforcement. Upon approval by the Planning Commission, the Zoning Administrator shall issue the special land use permit. It shall be the responsibility of the Zoning Administrator to monitor compliance with the terms, conditions, and restrictions of any special land use permit and take any enforcement action necessary in the event of a violation of the special land use permit. Any violation of the terms, conditions, or limitations of a special land use permit shall be cause for revocation of the permit.
Amendments. Amendments to special land use permits shall be handled in the same manner as the initial special land use application. Minor nonsubstantive changes to a site plan in accordance with § 390-129 may be made to an existing special land use permit with the approval of the Zoning Administrator.
Transfers. The special land use permit, along with any and all associated benefits, conditions, and required security may be transferred to a new owner upon the sale or transfer of the property in question. The prior owner, upon transferring the special land use permit, shall advise the Zoning Administrator of said transfer in order to ensure the continued validity of the permit and compliance with the terms and conditions of the approved permit.
Abandonment. Any permitted special land use shall be considered abandoned, and such use shall not be resumed thereafter, if any of the following conditions apply:
If the special land use has been abandoned for more than one year, and the Zoning Administrator finds that one or more of the following conditions exist:
Other actions, which in the opinion of the Zoning Administrator constitute an intention of the part of the property owner or lessee to abandon the use.
§ 390-134 Standards for approval.
The Planning Commission shall approve, or approve with conditions, a special land use request only upon a finding that all of the following standards for approval are satisfied:
That the use is designed and constructed, and will be operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the area in which it is proposed.
The special land use authorized shall be compatible with adjacent uses of land, the natural environment, and the capacities of public services and facilities affected by the land use.
The use is, or will be, served adequately by public services and facilities, including, but not limited to, streets, police and fire protection, drainage structures, refuse disposal, water and sewer facilities and schools.
The use does not involve activities, processes, materials and equipment or conditions of operation that will be unreasonably detrimental to any persons, property or the general welfare by reason of excessive traffic, noise, smoke, fumes, glare, or odors.
That the buildings, structures, and entrances thereto proposed to be located upon the premises are so situated and so designed as to minimize adverse effects upon owners and occupants of adjacent properties and the neighborhood.
A special land use approval granted pursuant to this article shall be valid for one year from the date of approval, unless approval is revoked as provided in § 390-136. If the special land use has been initiated or construction necessary for such use has been initiated and is proceeding meaningfully toward completion, approval shall remain valid indefinitely, unless the use is abandoned pursuant to § 390-132H.
If after one year following approval, the special land use has not been initiated or the construction necessary for such use has not been initiated or, if construction has been initiated, it is not proceeding meaningfully toward completion, then the special land use approval shall be deemed expired and no longer valid.
A special land use approval, including conditions imposed, is attached to and shall run with the land for which the approval is granted, and shall be binding upon subsequent owners and all occupants of the subject land.
Applications for re-approval of an expired special land use approval shall be considered in the same manner as the original approval in accordance with the procedures in this article.
§ 390-136 Revocation of special land use approval.
The Planning Commission may revoke any special land use approval, or take any other action allowed by law, if the applicant fails to comply with any of the applicable requirements in this article, any conditions placed on the original approval by the Planning Commission, or any other applicable provisions of this chapter. Prior to revoking a special land use approval, the Planning Commission shall conduct a public hearing and give notice of such hearing in accordance with § 390-151. The applicant shall be given a reasonable opportunity to correct the violation(s).
§ 390-137 Requirements for specific special land uses.
The general standards and requirements of §§ 390-134 to 390-136 apply to all special land uses. The specific and detailed requirements set forth in this section relate to particular uses and are requirements which must be met by those uses in addition to the foregoing general standards and requirements.
The following requirements shall apply to any special land use approved after the effective date of this chapter. Uses lawfully in existence on the effective date of this chapter shall not be considered nonconforming uses or nonconforming structures by reason of noncompliance with the following requirements; provided, however, that the Planning Commission may, as a condition of approval of any special land use request for expansion or modification of such an existing use, require reasonable measures to be taken to eliminate existing noncompliance with these requirements.
In determining whether to grant a special use permit for a residential accessory building that exceeds the maximum height requirement established in § 390-22H, the Planning Commission will determine if the proposed structure meets the following criteria:
The exterior design of the accessory building shall be compatible with the existing residence on the lot. The building form, height, construction materials, dimensions, and landscaping shall remain consistent with the principal structure and in harmony with the character and scale of the surrounding neighborhood.
The design and location of the ADU shall maintain a compatible relationship to adjacent properties and shall not significantly impact the privacy, light, air, or parking of adjacent properties.
All structures designed and/or used for the temporary or permanent dwelling of a person or persons and not integrated into the primary residence on a lot shall be considered an accessory dwelling unit (ADU).
The ADU shall include a kitchen, bathroom, and sleeping area separate from the primary residence, and shall meet all provisions of the Building Code and regulations.
The exterior design of an ADU, whether attached or detached to the principal dwelling, including the primary dwelling unit, shall be compatible with the existing residence on the lot. The building form, height, construction materials, dimensions, and landscaping shall remain consistent with the principal structure and in harmony with the character and scale of the surrounding neighborhood.
The design and location of the ADU shall maintain a compatible relationship to adjacent properties and shall not significantly impact the privacy, light, air, or parking of adjacent properties.
In the case of a one-and-one-half- to two-story detached ADU, only the portion of the building footprint devoted to the ADU shall be counted towards the maximum building area.
Unit size. ADUs shall have a floor area no less than 400 square feet and no greater than 1,000 square feet, and an ADU shall not be greater than the size of the principal dwelling.
Setbacks. ADUs shall comply with all setbacks for accessory buildings in the zoning district in which they are located. Attached ADUs shall meet the same setbacks as required for the principal dwelling.
Height. A single story detached ADU shall not exceed 16 feet in height. A one and one-half- to two-story detached ADU shall not exceed 24 feet in height. Height shall be measured to the roof peak. If the primary dwelling unit has historic or special roof features or ornamentation, which should be matched on the ADU, the maximum building height may be exceeded in order to accommodate the existing character of the lot, subject to review and approval of the zoning administrator.
Orientation. Windows facing an adjoining residential property must be designed to protect the privacy of neighbors, unless fencing or landscaping is provided as screening.
Deed restrictions. Before obtaining a building permit, or when a building permit is not required, before making an ADU available for use, the property owner shall file with the Zoning Administrator a declaration of restrictions containing a reference to the deed under which the property was acquired by the present owner, which shall state the following:
The use permit for the ADU shall be in effect only so long as either the main residence or the ADU is occupied as the principal residence by the applicant.
Attached accessory dwelling units. All attached ADUs shall have a separate entrance/exit from that of the primary dwelling unit. All interior doors and entryways linking the primary residence to the accessory unit shall be lockable.
An adult foster care facility or home serving seven or more residents shall not be located within 1,500 feet of any other adult foster care facility or home.
§ 390-137.4 Adult foster care small and large group homes.
Hours of operation shall not exceed 16 hours during a twenty-four-hour period. The Planning Commission shall not prohibit evening operations completely, but may establish limitations on hours of operation and/or activities between the hours of 10:00 p.m. and 6:00 a.m.
The applicant shall submit estimates regarding the amount and type of truck traffic that can reasonably be expected to enter or leave the site on a daily and weekly basis.
If the entire site is not initially being developed, the applicant shall indicate on the required site plan any contemplated expansions or additional development that might be expected to take place at a future date.
If the Planning Commission determines that any proposed use or activity will create discernible noise, dust, vibration, odor, glare, or heat beyond any property line, a detailed statement shall be provided which addresses and quantifies each concern and addresses how each concern will be minimized to the satisfaction of the Planning Commission.
Where adjoining a residential zoning district or use, a solid fence or wall six feet in height shall be erected along the common lot line. Such fence or wall shall be continuously maintained in good condition.
In the event that the use of the property for sales of gasoline has been abandoned or terminated for a period of more than one year, all underground gasoline storage tanks shall be removed from the premises. The Village may require a performance guarantee at the time of special land use approval to ensure their removal.
Where adjoining a residential zoning district or use, a solid fence or wall six feet in height shall be erected along the common lot line. Such fence or wall shall be continuously maintained in good condition.
Any materials or products stored outside and not for sale shall be completely enclosed by a solid fence, wall, or landscape screen approved by the Planning Commission as part of the special land use approval. Such fence, wall, or landscape shall be continuously maintained in good condition.
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 local, state, and federal regulations.
Only one ingress/egress driveway shall be permitted on any single street. A one-way-in/one-way-out access shall be counted as a single ingress/egress driveway.
Sufficient stacking capacity shall be provided to ensure that traffic does not extend into the street. Self-service car washes shall provide a minimum of four stacking spaces (including one in the wash stall) per each washing stall. Automatic washes shall provide a minimum of 10 stacking spaces (including two in the washing facility). Spaces in addition to the minimum required shall be provided if determined by the Planning Commission to be necessary to ensure that traffic does not extend into the street. Stacking shall be planned so as to minimize conflicts with entering and exiting traffic, pedestrians and parking areas.
Where adjoining a residential zoning district or use, a solid fence or wall six feet in height shall be erected along the common lot line. Such fence or wall shall be continuously maintained in good condition.
A bed-and-breakfast establishment shall only be permitted in a single-family detached dwelling which shall be owner occupied at all times. During temporary absences (up to 14 days in a calendar year) the owner's designee must be on the premises.
A bed-and-breakfast establishment shall only be permitted on the following streets in the Village: Savidge Street, West Exchange Street, and Liberty Street.
The rooms utilized for the bed-and-breakfast shall be a part of the principal residential use and not specifically constructed for rental purposes. Additions to the home for the sole purpose of expanding of the bed-and-breakfast are not permitted. The residence shall not be altered to contain more rental rooms than the number of bedrooms which existed at the time of enactment of this article.
The residential character of the dwelling shall be preserved, and no structural alterations, construction features, or site features of a nonresidential nature shall be permitted.
No accessory building shall be used for bed-and-breakfast activities, except that the Planning Commission may permit the use of an existing accessory dwelling as a guest sleeping area for a bed-and-breakfast.
Each sleeping room shall have a separate operational smoke detector alarm that meets the requirements of the Michigan Building Code, as amended from time to time. There shall be a fire extinguisher in proper working order on every floor. There shall be at least two exits to the outdoors from the dwelling.
All bed-and-breakfast operations shall maintain a guest register, including name, address, phone number, and vehicle license number, and indicating the dates of arrival and departure, which shall be subject to inspection by the Zoning Administrator or his/her designee during reasonable hours.
Accessory retail and service uses, including but not limited to gift shops, antique shops, restaurants, and bakeries shall be prohibited unless the bed-and-breakfast establishment is located in a commercial district where such uses are permitted. Additional parking shall be provided for such additional uses as required by this chapter.
No guest parking shall be permitted in the front yard. No parking area shall be lighted except for a residential porch light as regulated in § 390-35. A landscape buffer area shall separate the parking area from any adjacent residentially zoned or used property.
Rooms utilized for guest sleeping shall not exceed two occupants per room, not including children under the age of 12. Each room for guest sleeping shall be at least 100 square feet in area.
Each dwelling utilized as a bed-and-breakfast establishment shall comply with all applicable provisions of the State Construction Code, Building Code, Electrical Code, Plumbing Code, Mechanical Code, Property Maintenance Code, and Fire Prevention Code enforced by the Village. The bed-and-breakfast establishment shall secure all applicable state and local permits or certifications.
Any property to be used for a bed-and-breakfast establishment shall be suitable for transient lodging facilities. In this connection, a bed-and-breakfast establishment shall meet the requirements of Chapter 271, Rental Units, Registration of, of the Code of the Village of Spring Lake, and shall be subject to periodic registrations and inspections as provided in said Code.
The facility must be operated by a church or 501(c)(3) nonprofit organization as a not-for-profit operation. The facility must be located on property that has been removed from the property tax rolls prior to the submission of the special use application. The office(s) of the organization may be in the facility.
The facility shall be operated in a single-family dwelling, or a structure built to resemble a single-family dwelling, similar in style to a typical Village home.
Parking areas shall be set back five feet from all property lines and the setback area shall be landscaped to buffer adjacent properties from noise and headlights;
The applicant shall submit a sign plan for the facility. The Planning Commission shall review the sign plan based on the size and location of the facility and the proximity of the facility to residentially zoned or used properties.
Unless otherwise stated in this article, all building additions, accessory buildings, major site changes, or changes in use require an amendment to the special use permit and site plan approval per the requirements of this chapter.
Any community support facility providing transitional housing shall comply with the provisions of Chapter 271 of the Code of the Village of Spring Lake.
The applicant shall indicate the number of anticipated participants and illustrate how they will be able to safely accommodate them on site. Input or information from the Fire Chief or other relevant reviewing agency is recommended.
Hours of operation shall be limited to a period beginning at 6:00 a.m. and concluding at 11:00 p.m. seven days per week. Additional hours may be permitted from time to time, but must be approved in advance by the Zoning Administrator, or at their discretion, the Planning Commission.
The facility shall be operated in a single-family dwelling, or a structure built to resemble a single-family dwelling similar in style to a typical Village home with a homelike atmosphere for the participants.
All entrances used by participants must be covered by an awning, roof, or other building feature to protect participants from the elements. Such awning or covering may encroach into the side or front setback up to five feet, but no closer than 10 feet to the property line. Installation of such awning or covering shall be subject to the approval of the Zoning Administrator.
A dropoff/pickup area shall be provided for vehicles off the street. Such area shall be arranged so as to allow entrance to the street without backing of vehicles and so as to minimize conflicts between pedestrians and traffic.
Parking areas shall be set back five feet from all property lines, and the setback area shall be landscaped to buffer adjacent properties from noise and headlights.
The facility may have one nonilluminated wall sign not exceeding 20 square feet in area on the building wall facing the street. One additional sign which meets the same requirements may be permitted over a major building entrance facing the parking lot.
Unless otherwise stated in this article, all building additions, accessory buildings, and major site changes require an amendment to the special use permit and site plan approval pursuant to the requirements of this chapter.
All outdoor areas used for care and play area shall be located in the rear or side yards only and shall have appropriate fencing for the safety of the children. Such fence shall consist of a six-foot-high opaque fence along the area adjoining another residence, and a four-foot to six-foot-high fence in the rear yard and in the side yard up to the front building line. Play areas abutting a public right-of-way shall be prohibited.
A community correction center resident home halfway house or similar facility under jurisdiction of the county sheriff or the department of corrections.
The Planning Commission shall not prohibit evening operations completely, but may establish limitations on hours of operation and/or activities between the hours of 10:00 p.m. and 6:00 a.m.
All outdoor areas used for care and play area shall be located in the rear or side yard only, and shall have appropriate fencing for the safety of the children. Such fence shall consist of a six-foot-high opaque fence along the area adjoining another residence, and a four-foot to six-foot-high fence in the rear yard and in the side yard up to the front building line. Play areas abutting a public right-of-way shall be prohibited.
The Planning Commission shall not prohibit evening operations completely, but may establish limitations on hours of operation and/or activities between the hours of 10:00 p.m. and 6:00 a.m.
§ 390-137.17 Financial institutions with drive-through facilities.
Only one ingress/egress driveway shall be permitted on any single street. A one-way-in/one-way-out driveway shall be counted as a single ingress/egress driveway.
Sufficient stacking capacity for the drive-through facility shall be provided to ensure that traffic does not extend into the street. A minimum of five stacking spaces (including one space at the drive-through facility) per each drive-through facility station shall be provided in all cases. Spaces in addition to the minimum required shall be provided if determined by the Planning Commission to be necessary to ensure that traffic does not extend into the street.
Lighting of all drive-through facilities shall 100% cutoff fixtures directed downward. All lighting shall be directed away from adjacent properties and streets.
An off-street vehicle assembly area shall be provided to be used in support of funeral procession activities. This area shall be in addition to the required off-street parking and its related maneuvering area.
Where adjoining a residential zoning district or use, a dense, evergreen vegetative buffer not less than six feet in height at time of planting shall be erected along the common lot line. Such buffer area shall be continuously maintained in good condition.
§ 390-137.23 Indoor recreation facilities.
Only one ingress/egress driveway shall be permitted on any single street. A one-way-in/one-way-out access shall be counted as a single ingress/egress driveway.
§ 390-137.24 Large places of public assembly.
The Planning Commission may require the completion of a traffic impact study for large places of public assembly.
Any materials or products stored or displayed in the open air shall not extend into any required yard or occupy any required parking or maneuvering areas for vehicles.
Any materials or products stored outside and not for sale shall be completely enclosed by a decorative fence, wall, or landscaped screen approved by the Planning Commission as part of the special land use approval. Such fence, wall, or screen shall be continuously maintained in good condition.
Lighting of outdoor display areas shall be shielded so as to deflect light away from any residential use or residential zoning district and shall not be placed so as to interfere with vision of drivers on adjoining streets.
§ 390-137.29 Pharmacies with drive-through facilities.
Sufficient stacking capacity for the drive-through portion of the operation shall be provided to ensure that traffic does not extend into the public right-of-way nor does it interfere with internal circulation of vehicles. No more than three stacking spaces shall be permitted.
Lighting of all drive-through facilities shall be 100% cutoff fixtures directed downward. All lighting shall be directed away from adjacent properties and streets.
§ 390-137.30 Restaurants with assembly operations.
The proposed assembly use shall be contingent upon the established restaurant use. The Planning Commission may determine that the assembly portion of the use is sufficiently large enough to be considered a separate principal use.
As applicable, facilities must obtain all required county, state, and federal approvals. Copies of all approvals must be submitted to the Village. If an approval cannot be obtained prior to special use approval, then that approval will be a condition of the special land use, and a copy of the approval must be submitted prior to the issuance of a building permit.
Storage in tractor trailers shall be permitted for periods not exceeding 24 hours which shall occur in the designated loading zone or designated parking area.
The applicant shall submit estimates regarding the amount and type of truck traffic that can reasonably be expected to enter or leave the site on a daily and weekly basis.
If the entire site is not initially being developed, the applicant shall indicate on the required site plan any contemplated expansions or additional development that might be expected to take place at a future date.
The Planning Commission reserves the right to require buffering, screening, setbacks and other elements that are greater than those otherwise required by this section in keeping with the spirit and intent of this section to protect the public health, safety and welfare.
Federal, state and local agency requirements for storage, spill prevention, recordkeeping, emergency response, transport and disposal of hazardous substances and polluting materials shall be met. No discharge to groundwater, including direct and indirect discharges, shall be allowed without appropriate state, county and Village permits and approvals.
If any hazardous materials are to be stored on the site or used in any process, a detailed listing of each substance and the approximate quantity to be located on site shall be submitted. A detailed plan of substance storage, hazard control and prevention, and emergency response shall be submitted and reviewed by the Fire Chief and a report made to the Planning Commission.
If the Planning Commission determines that any proposed use or activity will create discernable noise, dust, vibration, odor, glare, or heat beyond any property line, a detailed statement shall be provided which addresses and quantifies each concern and addresses how each concern will be minimized to the satisfaction of the Planning Commission.
§ 390-137.31 Restaurants with drive-through facilities.
Sufficient stacking capacity for the drive-through facility shall be provided to ensure that traffic does not extend into the street. A minimum of 10 stacking spaces shall be provided for the drive-through facility. Spaces in addition to the minimum required shall be provided if determined by the Planning Commission to be necessary to ensure that traffic does not extend into the street. Stacking shall be planned so as to minimize conflicts with entering and exiting traffic, pedestrians, and parking spaces.
Where adjoining a residential zoning district or use, a dense evergreen vegetative buffer not less than six feet in height at the time of planting shall be installed along the common lot line. The buffer shall be continuously maintained in good condition.
Parking shall comply with the parking requirement for each specific use on the site; however, parking requirements may be reduced if the Planning Commission finds that such requirements may be modified due to varying hours of operation or other factors.
The number of efficiency dwelling units may exceed 15% of the total number of dwelling units, provided the total number of dwelling units shall not exceed 18 dwelling units per net usable acre of land.
The owner shall file with the Village a covenant, reviewed as to form by the Village Attorney and approved by the Village Council. The owner shall covenant on behalf of owner and the owner's heirs, personal representatives, successors, and assigns that occupancy of the development shall be limited to the "aged" as defined in Section 20106 of Michigan Public Act 368 of 1978, the Public Health Code,[1] as amended or as superseded and replaced. The covenant shall be executed and recorded with the county register of deeds prior to issuance of a building permit.
If the subject lot does not meet the district minimum lot area, has other dimensional nonconformities, or has an existing nonconforming use, the Planning Commission may deny approval, or it may condition approval on measures that mitigate potential adverse effects of operating a short-term rental on the lot.
Parking shall be located on site and comply with these requirements in addition to any other requirements for the applicable zoning district in question.
The applicant shall provide parking location information on the site plan. This shall be considered the designated parking area and include the following information:
A minimum of two off-street parking spaces located on the subject property shall be provided per unit (up to six occupants), plus one space for every three occupants over six, based on approved occupancy for the dwelling unit.
Any proposed expanded parking area must be shown on the site plan and will be subject to review by the Planning Commission and Zoning Administrator. Parking on the grass is prohibited.
Outdoor areas intended for the congregating of guests (e.g., porches, decks, pools and pool decks, gazebos, fire pits, etc) must meet the following requirements, in addition to other requirements established by this chapter.
The Planning Commission may require an outdoor congregating area to be fenced in or landscaped in order to help buffer the short-term rental from neighboring properties. The Village shall consider lot sizes in the area and of the short-term rental, surrounding land uses, topography, and other considerations deemed relevant by the Village.
The number of overnight guests in a short-term rental shall be based on occupancy limits established by the International Property Maintenance Code. No guest may sleep on couches, the floor, in tents, or in trailers on the lot.
The applicant shall submit a floorplan of the dwelling unit and a site plan of the property drawn to a scale of not less than 1/8 inch equals one foot.
If the conditions of approval for a short-term rental permit are not satisfied, the Village shall send written notification to the owner, explaining the alleged violations. If the alleged violations are not promptly resolved, the Village may schedule a public hearing before the Planning Commission pursuant to § 390-136.
The following site modifications must be reviewed by the Planning Commission as an amendment to the special land use or shall void the approval of the existing special land use:
The Planning Commission may establish hours of operation to protect the character of the land uses in the vicinity. Hours of operation shall be consistent with those of adjacent land uses.
The use shall be compatible with other allowed uses in the vicinity. The impact of the establishment shall be no greater than of other uses allowed in the commercial districts of the Village.
A proposed tattoo or piercing parlor shall be located a minimum of 1,000 feet from an existing tattoo or piercing parlor or educational facility. The Planning Commission may waive this requirement if it finds that physical features significantly separate the uses so as to avoid concentration of tattoo or piercing parlors, and to avoid the establishment of a tattoo or piercing parlor in proximity to an educational facility.
Where adjoining a residential zoning district or use, a solid fence or wall six feet in height or a dense evergreen vegetative buffer not less than six feet in height at time of planting shall be erected and maintained along any common lot line. The buffer area shall be continuously maintained in good condition.
§ 390-137.36 Wholesale establishments and warehouses.
The applicant shall submit estimates regarding the amount and type of truck traffic that can reasonably be expected to enter or leave the site on a daily and weekly basis.
If the entire site is not initially being developed, the applicant shall indicate on the required site plan any contemplated expansions or additional development that might be expected to take place at a future date.
If any hazardous materials are to be stored on the site or used in any manufacturing process, a detailed listing of each substance and the approximate quantity to be located on site shall be submitted. A detailed plan of substance storage, hazard control and prevention, and emergency response shall be submitted and reviewed by the Fire Chief and a report made to the Planning Commission.
If the Planning Commission determines that any proposed use or activity will create discernible noise, dust, vibration, odor, glare, or heat beyond any property line, a detailed statement shall be provided which addresses and quantifies each concern and addresses how each concern will be minimized to the satisfaction of the Planning Commission.
Spring Lake City Zoning Code
ARTICLE XVIII
Special Land Uses
§ 390-131 Purpose.
This article describes procedures and standards for approval of special land uses. These uses, because of their unique characteristics, require special consideration in relation to the welfare of adjacent properties and the community as a whole. The regulations and standards herein are designed to allow reasonable uses of land while maintaining adequate provisions for the protection of the health, safety, and welfare of the community.
Optional pre-application conference. Prior to the submission of an application for special land use, the applicant may meet with the Village for initial review. The purpose of this meeting is to facilitate discussion between the applicant and Village, and to identify any potential issues that will need to be addressed in the site development process.
Application requirements. A special land use application shall be submitted to the Zoning Administrator at least 30 days prior to the next regular Planning Commission meeting. An application that is incomplete or otherwise not in compliance with this chapter shall be returned to the applicant. All applications shall include the following:
Twelve copies of the site plan containing all of the information required by Article XVII, provided that the Zoning Administrator may waive any of the submittal requirements pursuant to § 390-124C.
Public hearing. Upon receipt of an application for approval of a special land use, the Zoning Administrator shall schedule a Planning Commission public hearing on the special land use request, in accordance with § 390-151.
Planning Commission decision. Following the public hearing on the special land use request, and the Planning Commission shall approve, approve with conditions or deny the special land use request, based upon review and consideration of materials submitted with the application and comments received at the public hearing.
Attachment of conditions. The Planning Commission may impose reasonable conditions related to approval of a special land use which are deemed necessary to:
Ensure that public services and facilities will be capable of accommodating increased service and facility loads caused by the proposed special land use;
Basis for decision. In arriving at their decision, the Planning Commission shall refer to and be guided by those standards set forth in this article. The decision of the Planning Commission or Zoning Administrator, as applicable, shall be incorporated in a statement of conclusions specifying the basis of the decision and any conditions imposed. The decision and statement of conclusions, including conditions imposed on any approval, shall be kept and made a part of the minutes of the Planning Commission or as part of an official record.
Issuance of permit and enforcement. Upon approval by the Planning Commission, the Zoning Administrator shall issue the special land use permit. It shall be the responsibility of the Zoning Administrator to monitor compliance with the terms, conditions, and restrictions of any special land use permit and take any enforcement action necessary in the event of a violation of the special land use permit. Any violation of the terms, conditions, or limitations of a special land use permit shall be cause for revocation of the permit.
Amendments. Amendments to special land use permits shall be handled in the same manner as the initial special land use application. Minor nonsubstantive changes to a site plan in accordance with § 390-129 may be made to an existing special land use permit with the approval of the Zoning Administrator.
Transfers. The special land use permit, along with any and all associated benefits, conditions, and required security may be transferred to a new owner upon the sale or transfer of the property in question. The prior owner, upon transferring the special land use permit, shall advise the Zoning Administrator of said transfer in order to ensure the continued validity of the permit and compliance with the terms and conditions of the approved permit.
Abandonment. Any permitted special land use shall be considered abandoned, and such use shall not be resumed thereafter, if any of the following conditions apply:
If the special land use has been abandoned for more than one year, and the Zoning Administrator finds that one or more of the following conditions exist:
Other actions, which in the opinion of the Zoning Administrator constitute an intention of the part of the property owner or lessee to abandon the use.
§ 390-134 Standards for approval.
The Planning Commission shall approve, or approve with conditions, a special land use request only upon a finding that all of the following standards for approval are satisfied:
That the use is designed and constructed, and will be operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the area in which it is proposed.
The special land use authorized shall be compatible with adjacent uses of land, the natural environment, and the capacities of public services and facilities affected by the land use.
The use is, or will be, served adequately by public services and facilities, including, but not limited to, streets, police and fire protection, drainage structures, refuse disposal, water and sewer facilities and schools.
The use does not involve activities, processes, materials and equipment or conditions of operation that will be unreasonably detrimental to any persons, property or the general welfare by reason of excessive traffic, noise, smoke, fumes, glare, or odors.
That the buildings, structures, and entrances thereto proposed to be located upon the premises are so situated and so designed as to minimize adverse effects upon owners and occupants of adjacent properties and the neighborhood.
A special land use approval granted pursuant to this article shall be valid for one year from the date of approval, unless approval is revoked as provided in § 390-136. If the special land use has been initiated or construction necessary for such use has been initiated and is proceeding meaningfully toward completion, approval shall remain valid indefinitely, unless the use is abandoned pursuant to § 390-132H.
If after one year following approval, the special land use has not been initiated or the construction necessary for such use has not been initiated or, if construction has been initiated, it is not proceeding meaningfully toward completion, then the special land use approval shall be deemed expired and no longer valid.
A special land use approval, including conditions imposed, is attached to and shall run with the land for which the approval is granted, and shall be binding upon subsequent owners and all occupants of the subject land.
Applications for re-approval of an expired special land use approval shall be considered in the same manner as the original approval in accordance with the procedures in this article.
§ 390-136 Revocation of special land use approval.
The Planning Commission may revoke any special land use approval, or take any other action allowed by law, if the applicant fails to comply with any of the applicable requirements in this article, any conditions placed on the original approval by the Planning Commission, or any other applicable provisions of this chapter. Prior to revoking a special land use approval, the Planning Commission shall conduct a public hearing and give notice of such hearing in accordance with § 390-151. The applicant shall be given a reasonable opportunity to correct the violation(s).
§ 390-137 Requirements for specific special land uses.
The general standards and requirements of §§ 390-134 to 390-136 apply to all special land uses. The specific and detailed requirements set forth in this section relate to particular uses and are requirements which must be met by those uses in addition to the foregoing general standards and requirements.
The following requirements shall apply to any special land use approved after the effective date of this chapter. Uses lawfully in existence on the effective date of this chapter shall not be considered nonconforming uses or nonconforming structures by reason of noncompliance with the following requirements; provided, however, that the Planning Commission may, as a condition of approval of any special land use request for expansion or modification of such an existing use, require reasonable measures to be taken to eliminate existing noncompliance with these requirements.
In determining whether to grant a special use permit for a residential accessory building that exceeds the maximum height requirement established in § 390-22H, the Planning Commission will determine if the proposed structure meets the following criteria:
The exterior design of the accessory building shall be compatible with the existing residence on the lot. The building form, height, construction materials, dimensions, and landscaping shall remain consistent with the principal structure and in harmony with the character and scale of the surrounding neighborhood.
The design and location of the ADU shall maintain a compatible relationship to adjacent properties and shall not significantly impact the privacy, light, air, or parking of adjacent properties.
All structures designed and/or used for the temporary or permanent dwelling of a person or persons and not integrated into the primary residence on a lot shall be considered an accessory dwelling unit (ADU).
The ADU shall include a kitchen, bathroom, and sleeping area separate from the primary residence, and shall meet all provisions of the Building Code and regulations.
The exterior design of an ADU, whether attached or detached to the principal dwelling, including the primary dwelling unit, shall be compatible with the existing residence on the lot. The building form, height, construction materials, dimensions, and landscaping shall remain consistent with the principal structure and in harmony with the character and scale of the surrounding neighborhood.
The design and location of the ADU shall maintain a compatible relationship to adjacent properties and shall not significantly impact the privacy, light, air, or parking of adjacent properties.
In the case of a one-and-one-half- to two-story detached ADU, only the portion of the building footprint devoted to the ADU shall be counted towards the maximum building area.
Unit size. ADUs shall have a floor area no less than 400 square feet and no greater than 1,000 square feet, and an ADU shall not be greater than the size of the principal dwelling.
Setbacks. ADUs shall comply with all setbacks for accessory buildings in the zoning district in which they are located. Attached ADUs shall meet the same setbacks as required for the principal dwelling.
Height. A single story detached ADU shall not exceed 16 feet in height. A one and one-half- to two-story detached ADU shall not exceed 24 feet in height. Height shall be measured to the roof peak. If the primary dwelling unit has historic or special roof features or ornamentation, which should be matched on the ADU, the maximum building height may be exceeded in order to accommodate the existing character of the lot, subject to review and approval of the zoning administrator.
Orientation. Windows facing an adjoining residential property must be designed to protect the privacy of neighbors, unless fencing or landscaping is provided as screening.
Deed restrictions. Before obtaining a building permit, or when a building permit is not required, before making an ADU available for use, the property owner shall file with the Zoning Administrator a declaration of restrictions containing a reference to the deed under which the property was acquired by the present owner, which shall state the following:
The use permit for the ADU shall be in effect only so long as either the main residence or the ADU is occupied as the principal residence by the applicant.
Attached accessory dwelling units. All attached ADUs shall have a separate entrance/exit from that of the primary dwelling unit. All interior doors and entryways linking the primary residence to the accessory unit shall be lockable.
An adult foster care facility or home serving seven or more residents shall not be located within 1,500 feet of any other adult foster care facility or home.
§ 390-137.4 Adult foster care small and large group homes.
Hours of operation shall not exceed 16 hours during a twenty-four-hour period. The Planning Commission shall not prohibit evening operations completely, but may establish limitations on hours of operation and/or activities between the hours of 10:00 p.m. and 6:00 a.m.
The applicant shall submit estimates regarding the amount and type of truck traffic that can reasonably be expected to enter or leave the site on a daily and weekly basis.
If the entire site is not initially being developed, the applicant shall indicate on the required site plan any contemplated expansions or additional development that might be expected to take place at a future date.
If the Planning Commission determines that any proposed use or activity will create discernible noise, dust, vibration, odor, glare, or heat beyond any property line, a detailed statement shall be provided which addresses and quantifies each concern and addresses how each concern will be minimized to the satisfaction of the Planning Commission.
Where adjoining a residential zoning district or use, a solid fence or wall six feet in height shall be erected along the common lot line. Such fence or wall shall be continuously maintained in good condition.
In the event that the use of the property for sales of gasoline has been abandoned or terminated for a period of more than one year, all underground gasoline storage tanks shall be removed from the premises. The Village may require a performance guarantee at the time of special land use approval to ensure their removal.
Where adjoining a residential zoning district or use, a solid fence or wall six feet in height shall be erected along the common lot line. Such fence or wall shall be continuously maintained in good condition.
Any materials or products stored outside and not for sale shall be completely enclosed by a solid fence, wall, or landscape screen approved by the Planning Commission as part of the special land use approval. Such fence, wall, or landscape shall be continuously maintained in good condition.
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 local, state, and federal regulations.
Only one ingress/egress driveway shall be permitted on any single street. A one-way-in/one-way-out access shall be counted as a single ingress/egress driveway.
Sufficient stacking capacity shall be provided to ensure that traffic does not extend into the street. Self-service car washes shall provide a minimum of four stacking spaces (including one in the wash stall) per each washing stall. Automatic washes shall provide a minimum of 10 stacking spaces (including two in the washing facility). Spaces in addition to the minimum required shall be provided if determined by the Planning Commission to be necessary to ensure that traffic does not extend into the street. Stacking shall be planned so as to minimize conflicts with entering and exiting traffic, pedestrians and parking areas.
Where adjoining a residential zoning district or use, a solid fence or wall six feet in height shall be erected along the common lot line. Such fence or wall shall be continuously maintained in good condition.
A bed-and-breakfast establishment shall only be permitted in a single-family detached dwelling which shall be owner occupied at all times. During temporary absences (up to 14 days in a calendar year) the owner's designee must be on the premises.
A bed-and-breakfast establishment shall only be permitted on the following streets in the Village: Savidge Street, West Exchange Street, and Liberty Street.
The rooms utilized for the bed-and-breakfast shall be a part of the principal residential use and not specifically constructed for rental purposes. Additions to the home for the sole purpose of expanding of the bed-and-breakfast are not permitted. The residence shall not be altered to contain more rental rooms than the number of bedrooms which existed at the time of enactment of this article.
The residential character of the dwelling shall be preserved, and no structural alterations, construction features, or site features of a nonresidential nature shall be permitted.
No accessory building shall be used for bed-and-breakfast activities, except that the Planning Commission may permit the use of an existing accessory dwelling as a guest sleeping area for a bed-and-breakfast.
Each sleeping room shall have a separate operational smoke detector alarm that meets the requirements of the Michigan Building Code, as amended from time to time. There shall be a fire extinguisher in proper working order on every floor. There shall be at least two exits to the outdoors from the dwelling.
All bed-and-breakfast operations shall maintain a guest register, including name, address, phone number, and vehicle license number, and indicating the dates of arrival and departure, which shall be subject to inspection by the Zoning Administrator or his/her designee during reasonable hours.
Accessory retail and service uses, including but not limited to gift shops, antique shops, restaurants, and bakeries shall be prohibited unless the bed-and-breakfast establishment is located in a commercial district where such uses are permitted. Additional parking shall be provided for such additional uses as required by this chapter.
No guest parking shall be permitted in the front yard. No parking area shall be lighted except for a residential porch light as regulated in § 390-35. A landscape buffer area shall separate the parking area from any adjacent residentially zoned or used property.
Rooms utilized for guest sleeping shall not exceed two occupants per room, not including children under the age of 12. Each room for guest sleeping shall be at least 100 square feet in area.
Each dwelling utilized as a bed-and-breakfast establishment shall comply with all applicable provisions of the State Construction Code, Building Code, Electrical Code, Plumbing Code, Mechanical Code, Property Maintenance Code, and Fire Prevention Code enforced by the Village. The bed-and-breakfast establishment shall secure all applicable state and local permits or certifications.
Any property to be used for a bed-and-breakfast establishment shall be suitable for transient lodging facilities. In this connection, a bed-and-breakfast establishment shall meet the requirements of Chapter 271, Rental Units, Registration of, of the Code of the Village of Spring Lake, and shall be subject to periodic registrations and inspections as provided in said Code.
The facility must be operated by a church or 501(c)(3) nonprofit organization as a not-for-profit operation. The facility must be located on property that has been removed from the property tax rolls prior to the submission of the special use application. The office(s) of the organization may be in the facility.
The facility shall be operated in a single-family dwelling, or a structure built to resemble a single-family dwelling, similar in style to a typical Village home.
Parking areas shall be set back five feet from all property lines and the setback area shall be landscaped to buffer adjacent properties from noise and headlights;
The applicant shall submit a sign plan for the facility. The Planning Commission shall review the sign plan based on the size and location of the facility and the proximity of the facility to residentially zoned or used properties.
Unless otherwise stated in this article, all building additions, accessory buildings, major site changes, or changes in use require an amendment to the special use permit and site plan approval per the requirements of this chapter.
Any community support facility providing transitional housing shall comply with the provisions of Chapter 271 of the Code of the Village of Spring Lake.
The applicant shall indicate the number of anticipated participants and illustrate how they will be able to safely accommodate them on site. Input or information from the Fire Chief or other relevant reviewing agency is recommended.
Hours of operation shall be limited to a period beginning at 6:00 a.m. and concluding at 11:00 p.m. seven days per week. Additional hours may be permitted from time to time, but must be approved in advance by the Zoning Administrator, or at their discretion, the Planning Commission.
The facility shall be operated in a single-family dwelling, or a structure built to resemble a single-family dwelling similar in style to a typical Village home with a homelike atmosphere for the participants.
All entrances used by participants must be covered by an awning, roof, or other building feature to protect participants from the elements. Such awning or covering may encroach into the side or front setback up to five feet, but no closer than 10 feet to the property line. Installation of such awning or covering shall be subject to the approval of the Zoning Administrator.
A dropoff/pickup area shall be provided for vehicles off the street. Such area shall be arranged so as to allow entrance to the street without backing of vehicles and so as to minimize conflicts between pedestrians and traffic.
Parking areas shall be set back five feet from all property lines, and the setback area shall be landscaped to buffer adjacent properties from noise and headlights.
The facility may have one nonilluminated wall sign not exceeding 20 square feet in area on the building wall facing the street. One additional sign which meets the same requirements may be permitted over a major building entrance facing the parking lot.
Unless otherwise stated in this article, all building additions, accessory buildings, and major site changes require an amendment to the special use permit and site plan approval pursuant to the requirements of this chapter.
All outdoor areas used for care and play area shall be located in the rear or side yards only and shall have appropriate fencing for the safety of the children. Such fence shall consist of a six-foot-high opaque fence along the area adjoining another residence, and a four-foot to six-foot-high fence in the rear yard and in the side yard up to the front building line. Play areas abutting a public right-of-way shall be prohibited.
A community correction center resident home halfway house or similar facility under jurisdiction of the county sheriff or the department of corrections.
The Planning Commission shall not prohibit evening operations completely, but may establish limitations on hours of operation and/or activities between the hours of 10:00 p.m. and 6:00 a.m.
All outdoor areas used for care and play area shall be located in the rear or side yard only, and shall have appropriate fencing for the safety of the children. Such fence shall consist of a six-foot-high opaque fence along the area adjoining another residence, and a four-foot to six-foot-high fence in the rear yard and in the side yard up to the front building line. Play areas abutting a public right-of-way shall be prohibited.
The Planning Commission shall not prohibit evening operations completely, but may establish limitations on hours of operation and/or activities between the hours of 10:00 p.m. and 6:00 a.m.
§ 390-137.17 Financial institutions with drive-through facilities.
Only one ingress/egress driveway shall be permitted on any single street. A one-way-in/one-way-out driveway shall be counted as a single ingress/egress driveway.
Sufficient stacking capacity for the drive-through facility shall be provided to ensure that traffic does not extend into the street. A minimum of five stacking spaces (including one space at the drive-through facility) per each drive-through facility station shall be provided in all cases. Spaces in addition to the minimum required shall be provided if determined by the Planning Commission to be necessary to ensure that traffic does not extend into the street.
Lighting of all drive-through facilities shall 100% cutoff fixtures directed downward. All lighting shall be directed away from adjacent properties and streets.
An off-street vehicle assembly area shall be provided to be used in support of funeral procession activities. This area shall be in addition to the required off-street parking and its related maneuvering area.
Where adjoining a residential zoning district or use, a dense, evergreen vegetative buffer not less than six feet in height at time of planting shall be erected along the common lot line. Such buffer area shall be continuously maintained in good condition.
§ 390-137.23 Indoor recreation facilities.
Only one ingress/egress driveway shall be permitted on any single street. A one-way-in/one-way-out access shall be counted as a single ingress/egress driveway.
§ 390-137.24 Large places of public assembly.
The Planning Commission may require the completion of a traffic impact study for large places of public assembly.
Any materials or products stored or displayed in the open air shall not extend into any required yard or occupy any required parking or maneuvering areas for vehicles.
Any materials or products stored outside and not for sale shall be completely enclosed by a decorative fence, wall, or landscaped screen approved by the Planning Commission as part of the special land use approval. Such fence, wall, or screen shall be continuously maintained in good condition.
Lighting of outdoor display areas shall be shielded so as to deflect light away from any residential use or residential zoning district and shall not be placed so as to interfere with vision of drivers on adjoining streets.
§ 390-137.29 Pharmacies with drive-through facilities.
Sufficient stacking capacity for the drive-through portion of the operation shall be provided to ensure that traffic does not extend into the public right-of-way nor does it interfere with internal circulation of vehicles. No more than three stacking spaces shall be permitted.
Lighting of all drive-through facilities shall be 100% cutoff fixtures directed downward. All lighting shall be directed away from adjacent properties and streets.
§ 390-137.30 Restaurants with assembly operations.
The proposed assembly use shall be contingent upon the established restaurant use. The Planning Commission may determine that the assembly portion of the use is sufficiently large enough to be considered a separate principal use.
As applicable, facilities must obtain all required county, state, and federal approvals. Copies of all approvals must be submitted to the Village. If an approval cannot be obtained prior to special use approval, then that approval will be a condition of the special land use, and a copy of the approval must be submitted prior to the issuance of a building permit.
Storage in tractor trailers shall be permitted for periods not exceeding 24 hours which shall occur in the designated loading zone or designated parking area.
The applicant shall submit estimates regarding the amount and type of truck traffic that can reasonably be expected to enter or leave the site on a daily and weekly basis.
If the entire site is not initially being developed, the applicant shall indicate on the required site plan any contemplated expansions or additional development that might be expected to take place at a future date.
The Planning Commission reserves the right to require buffering, screening, setbacks and other elements that are greater than those otherwise required by this section in keeping with the spirit and intent of this section to protect the public health, safety and welfare.
Federal, state and local agency requirements for storage, spill prevention, recordkeeping, emergency response, transport and disposal of hazardous substances and polluting materials shall be met. No discharge to groundwater, including direct and indirect discharges, shall be allowed without appropriate state, county and Village permits and approvals.
If any hazardous materials are to be stored on the site or used in any process, a detailed listing of each substance and the approximate quantity to be located on site shall be submitted. A detailed plan of substance storage, hazard control and prevention, and emergency response shall be submitted and reviewed by the Fire Chief and a report made to the Planning Commission.
If the Planning Commission determines that any proposed use or activity will create discernable noise, dust, vibration, odor, glare, or heat beyond any property line, a detailed statement shall be provided which addresses and quantifies each concern and addresses how each concern will be minimized to the satisfaction of the Planning Commission.
§ 390-137.31 Restaurants with drive-through facilities.
Sufficient stacking capacity for the drive-through facility shall be provided to ensure that traffic does not extend into the street. A minimum of 10 stacking spaces shall be provided for the drive-through facility. Spaces in addition to the minimum required shall be provided if determined by the Planning Commission to be necessary to ensure that traffic does not extend into the street. Stacking shall be planned so as to minimize conflicts with entering and exiting traffic, pedestrians, and parking spaces.
Where adjoining a residential zoning district or use, a dense evergreen vegetative buffer not less than six feet in height at the time of planting shall be installed along the common lot line. The buffer shall be continuously maintained in good condition.
Parking shall comply with the parking requirement for each specific use on the site; however, parking requirements may be reduced if the Planning Commission finds that such requirements may be modified due to varying hours of operation or other factors.
The number of efficiency dwelling units may exceed 15% of the total number of dwelling units, provided the total number of dwelling units shall not exceed 18 dwelling units per net usable acre of land.
The owner shall file with the Village a covenant, reviewed as to form by the Village Attorney and approved by the Village Council. The owner shall covenant on behalf of owner and the owner's heirs, personal representatives, successors, and assigns that occupancy of the development shall be limited to the "aged" as defined in Section 20106 of Michigan Public Act 368 of 1978, the Public Health Code,[1] as amended or as superseded and replaced. The covenant shall be executed and recorded with the county register of deeds prior to issuance of a building permit.
If the subject lot does not meet the district minimum lot area, has other dimensional nonconformities, or has an existing nonconforming use, the Planning Commission may deny approval, or it may condition approval on measures that mitigate potential adverse effects of operating a short-term rental on the lot.
Parking shall be located on site and comply with these requirements in addition to any other requirements for the applicable zoning district in question.
The applicant shall provide parking location information on the site plan. This shall be considered the designated parking area and include the following information:
A minimum of two off-street parking spaces located on the subject property shall be provided per unit (up to six occupants), plus one space for every three occupants over six, based on approved occupancy for the dwelling unit.
Any proposed expanded parking area must be shown on the site plan and will be subject to review by the Planning Commission and Zoning Administrator. Parking on the grass is prohibited.
Outdoor areas intended for the congregating of guests (e.g., porches, decks, pools and pool decks, gazebos, fire pits, etc) must meet the following requirements, in addition to other requirements established by this chapter.
The Planning Commission may require an outdoor congregating area to be fenced in or landscaped in order to help buffer the short-term rental from neighboring properties. The Village shall consider lot sizes in the area and of the short-term rental, surrounding land uses, topography, and other considerations deemed relevant by the Village.
The number of overnight guests in a short-term rental shall be based on occupancy limits established by the International Property Maintenance Code. No guest may sleep on couches, the floor, in tents, or in trailers on the lot.
The applicant shall submit a floorplan of the dwelling unit and a site plan of the property drawn to a scale of not less than 1/8 inch equals one foot.
If the conditions of approval for a short-term rental permit are not satisfied, the Village shall send written notification to the owner, explaining the alleged violations. If the alleged violations are not promptly resolved, the Village may schedule a public hearing before the Planning Commission pursuant to § 390-136.
The following site modifications must be reviewed by the Planning Commission as an amendment to the special land use or shall void the approval of the existing special land use:
The Planning Commission may establish hours of operation to protect the character of the land uses in the vicinity. Hours of operation shall be consistent with those of adjacent land uses.
The use shall be compatible with other allowed uses in the vicinity. The impact of the establishment shall be no greater than of other uses allowed in the commercial districts of the Village.
A proposed tattoo or piercing parlor shall be located a minimum of 1,000 feet from an existing tattoo or piercing parlor or educational facility. The Planning Commission may waive this requirement if it finds that physical features significantly separate the uses so as to avoid concentration of tattoo or piercing parlors, and to avoid the establishment of a tattoo or piercing parlor in proximity to an educational facility.
Where adjoining a residential zoning district or use, a solid fence or wall six feet in height or a dense evergreen vegetative buffer not less than six feet in height at time of planting shall be erected and maintained along any common lot line. The buffer area shall be continuously maintained in good condition.
§ 390-137.36 Wholesale establishments and warehouses.
The applicant shall submit estimates regarding the amount and type of truck traffic that can reasonably be expected to enter or leave the site on a daily and weekly basis.
If the entire site is not initially being developed, the applicant shall indicate on the required site plan any contemplated expansions or additional development that might be expected to take place at a future date.
If any hazardous materials are to be stored on the site or used in any manufacturing process, a detailed listing of each substance and the approximate quantity to be located on site shall be submitted. A detailed plan of substance storage, hazard control and prevention, and emergency response shall be submitted and reviewed by the Fire Chief and a report made to the Planning Commission.
If the Planning Commission determines that any proposed use or activity will create discernible noise, dust, vibration, odor, glare, or heat beyond any property line, a detailed statement shall be provided which addresses and quantifies each concern and addresses how each concern will be minimized to the satisfaction of the Planning Commission.