The purpose of this article is to establish procedures and criteria that shall be applied in the determination of requests to establish special and conditional uses. Special and conditional uses are not essentially incompatible with uses permitted in a zoning district, but possess characteristics which require individual review and discretion in order to avoid incompatibility with the character of the surrounding area, public services and facilities, and adjacent uses of land. The criteria for decision and requirements set forth in this article shall be in addition to those required elsewhere in this ordinance which are applicable to the use under consideration.

A.

Conditional uses are allowed by right in a particular district, provided that the use complies with the standards of this article.

B.

Special uses may be permitted in a particular district, but only after review by the planning commission and issuance of a permit by the city commission, in accordance with the standards set forth in this ordinance.

Before establishing, expanding, or amending a conditional use, with the exception of terminating a conditional use, any person shall obtain a zoning permit from the zoning administrator, using a form provided by the city. The applicant shall provide sufficient information to allow the zoning administrator to determine whether the proposed use complies with the requirements of this ordinance. If the application is denied, the zoning administrator shall identify the reasons for that denial. In such a case, an aggrieved applicant may either appeal the zoning administrator's determination to the zoning board of appeals, as described in Section 14.10, or may seek a special use permit. If the zoning board of appeals denies such an appeal, as an alternative to seeking circuit court review of the zoning board of appeals decision as described in Section 15.4.19, the applicant may seek a special use permit.

Any person must obtain a permit before establishing, expanding or amending a special use, with the exception of terminating the special use as described in Section 11.8.4. Any application for a combined special use permit and planned unit development shall not be subject to the requirements of Article XI, but shall instead be subject to the requirements of Article XIII.

11.4.1.

Application. The zoning administrator shall, within a reasonable time, review each application for completeness. If incomplete, the application shall be returned to the applicant, along with an explanation of the deficiencies. If complete, the application shall be scheduled for consideration in a public hearing at a planning commission meeting, which occurs no less than 24 days after the date of that determination.

11.4.2.

Required Information An application for a special use permit shall be accompanied by the following documents and information:

A.

A special use permit application form supplied by the zoning administrator, which has been completed in full by the applicant.

B.

A major site plan, satisfying the requirements of Article XII.

C.

A statement with regard to compliance with the criteria required for approval in Section 11.5 and other criteria imposed by this ordinance affecting the special use under consideration.

11.4.3.

Public Notice, Public Hearing, and Approval Procedure. Notice of the public hearing shall be given pursuant to Section 14.14, and the public hearing shall be conducted by the planning commission, and the planning commission's recommendation shall be considered by the city commission, as described in Article XV. The planning commission and city commission, in their respective meetings, shall review the application, comments received, the site plan, and other pertinent information received and shall make a determination in accordance with the criteria described in Section 11.5.2, and such other standards contained in the ordinance which relate to the special use under consideration. The concurring vote of a majority of the members of the planning commission or city commission present and qualified to vote shall be required to take any formal action. A written statement of findings and conclusions relative to the special use which specifies the basis for the decision and any conditions imposed shall be prepared.

11.4.4.

Post-Hearing Actions.

A.

Within 30 days following the public hearing by the planning commission, provided all materials are complete, the city commission shall review the application for a special use permit, comments received at the public hearing, the site plan, and other materials submitted in relation to the application, and make a determination on the special use permit application in accordance with the criteria for the approval stated in Section 11.5, and such standards contained in this ordinance which relate to the special use under consideration. The city commission may by majority vote of its members present and qualified to vote deny, approve, or approve with conditions the application for special use approval. Its decision shall be incorporated in a statement of conclusions relative to the special use under consideration, and shall specify the basis for the decision and any conditions imposed. A request for approval of a land use or activity which is in compliance with ordinance standards, other applicable ordinances, and state and federal statutes shall be approved. Upon the approval, or approval with conditions, by the city commission, the zoning administrator shall prepare and issue a permit to the applicant incorporating the conditions if any, imposed by the city commission.

B.

An appeal of a decision by the city commission to approve, deny or approve with conditions a special use permit application may be taken to circuit court, and may not be appealed to the zoning board of appeals.

11.5.1.

Basis of Determination. Prior to approval of a special use permit application, the planning commission and the city commission, shall ensure that the standards specified in this section, as well as applicable standards established elsewhere in this ordinance, shall be satisfied by the completion and operation of the special use under consideration.

11.5.2.

General Standards. The planning commission and the city commission, shall review the particular circumstances of the special use permit application under consideration in terms of the following standards and shall recommend approval, or approve, respectively, a special use permit application only upon a specific finding of compliance with each of the following standards, as well as applicable standards established elsewhere in this ordinance:

A.

The special use shall be designed, constructed, operated and maintained in a manner harmonious with the character of adjacent property and the surrounding area.

B.

The special use shall not change the essential character of the surrounding area.

C.

The special use shall not be detrimental to the health, safety or welfare of persons or property through the excessive production of traffic, noise, smoke, fumes, ground vibration, water runoff, odors, light, glare or other features of the proposed use.

D.

The special use shall not place demands on public services and facilities in excess of current capacity unless planned improvements have already been scheduled for completion.

E.

The special use shall meet the site plan review requirements of Article XII.

F.

The applicant is in substantial compliance with any previously issued zoning permits and is not otherwise disqualified from receiving a permit under Section 23.3.3 of this ordinance.

11.5.3.

Conditions The planning commission may recommend, and the city commission may impose, conditions with approval of a special use permit which are necessary to ensure compliance with the standards for approval stated in this section and any other applicable standards contained in this ordinance. Such conditions shall be considered an integral part of the special use permit and shall conform with the requirements of Section 14.11.1.

A special use approved by the city commission prior to the adoption or amendment of this ordinance may be amended only through the filing and approval of a new application under this article, except that a time extension may be requested from and granted by the city commission as described under Section 25.1.3.B. The application shall be considered under the current standards of this ordinance, rather than the standards in effect at the time of the original approval. If the application is denied, the previously approved special use shall remain valid.

11.8.1.

Validity of Permit. A special use permit shall be valid for a period of one year from the date of issuance, unless another, longer, time period is set by the city commission as a condition of approval. If the use has not commenced by the end of this time period, the permit shall expire automatically without any further action or notice by the city unless a time extension is requested from and granted by the city commission as described under Section 14.13.2.

11.8.2.

Permit Revocation. In the event the city commission believes the holder of a special use permit has failed to comply with one or more of the terms or conditions of the permit or of this ordinance, the city commission may schedule a hearing to consider the revocation of the permit. The permit holder shall be given reasonable notice of the hearing date, which shall in any event be not less than ten business days form the date of the notice. The notice of hearing shall include a written statement of the reasons for the possible revocation. The permit holder shall be allowed to appear at the hearing and to present evidence pertinent to whether the permit should be revoked. If the city commission decides to revoke the permit, the use for which the permit was granted must cease within 60 days of the hearing date. Failure to terminate the use for which the permit was revoked within 60 days is declared to be a nuisance per se and a violation of this ordinance.

11.8.3.

Permit Transferability. A new owner may continue to use the property for the purposes for which the special use permit was granted as long as all conditions and terms of the permit are satisfied. Permit transfer is automatic, provided that within 60 days of acquiring ownership the new owner registers his intent to continue the special use with the zoning administrator on a form established for that purpose. The zoning administrator shall review with the new owner all the applicable ordinance requirements that apply to the property and any special conditions imposed upon the special use when the transfer form is submitted. A special use permit may not be transferred from one property to another property.

11.8.4.

Termination of a Special Use Permit if the Use Changes.

A.

If there is a change in the use of a property for which a special use permit was issued, the special use shall automatically terminate and the property shall only be used for a use permitted in the district in which the property is located. A special use permit for a seasonal use is also subject to termination, if the season passes in which the special use would normally occur and a different use is in place instead.

B.

In place of the above standards, the following standards shall apply to short-term rentals. a special use permit for a short-term rental shall automatically terminate and the property shall only be used for a use permitted in the district in which the property is located if one or more of the following occurs:

1.

If there is a change in the use of the property.

2.

In the event that the rental unit permit required under Chapter 8, Article VI of the Code of Ordinances of the City of St. Joseph expires without being timely renewed, is not timely transferred to a new owner, or is revoked.

3.

In the event that the property for which the special use permit was issued is not actually used as a short-term rental at least once in each 24-month period.

11.8.5.

Recording with Register of Deeds. A special use permit, or expiration, revocation or termination thereof, shall be recorded by the city with the Berrien County Register of Deeds.

11.8.6.

Amendment and Extension. A special use permit approved by the city commission under this ordinance may be amended only through the filing and approval of a new application under this article, except that a time extension may be requested from and granted by the city commission as described under Section 14.13.2. The site plan, as approved, shall be part of the special use permit and may be altered only through the amendment procedure described above or through the adjustment procedure described in Section 12.8.

A.

No application for a special use permit which has been denied, wholly or in part, shall be resubmitted for a period of one year from the date of the denial, except on satisfactory proof of substantially changed conditions, newly discovered evidence, or a falsehood previously relied upon by the city which, through the exercise of normal diligence, could not have been discovered before the hearing, as determined by the zoning administrator.

B.

The following circumstances are exceptions to the one year time limit in A, above:

1.

In the event that an application for a special use permit receives a tied vote from the planning commission and is therefore recommended for neither approval nor disapproval, or if the application is recommended for disapproval but it would be mathematically possible by addition of votes from members who were absent from that meeting to have resulted in a recommendation of approval, the application may be withdrawn before the city commission acts upon it and a reapplication may be submitted.

2.

In the event that an application for a special use permit receives a tied vote from the city commission, and therefore is not approved, or if the application is denied but it would be mathematically possible by addition of votes from commissioners who were absent from that meeting to have resulted in approval, a reapplication may be submitted at any time.

C.

A reapplication shall be processed as a new application.

The following standards apply to special and conditional uses permitted in this ordinance, in addition to any other applicable standard or regulation:

11.12.1.

Business Service Establishments. Business service establishments are permitted as a conditional use in the D Downtown District, so long as they are not located at street level or on the first floor of a building or structure.

11.12.2.

Community Residential Care Facilities.

A.

Community residential care facilities for more than six persons are permitted as a Conditional Use in the R2 and R3 Residential Districts under the following conditions.

1.

Prior to the issuance of any permit to operate a community residential care facility, and no later than December 31 of each subsequent year, the applicant or operator shall submit to the zoning administrator a photocopy of a valid and current license issued by the State of Michigan. Proof of such licensing shall be required prior to the opening, and as a condition for the continued operation, of any community residential care facility.

2.

Safe areas for pick-up and discharge of users shall be provided that do not interfere with the free flow of traffic on adjacent streets. Accessible routes shall be provided from the pick-up/discharge areas to the facility.

3.

Community residential care facilities shall be in full compliance with all applicable requirements of the Americans with Disabilities Act.

4.

Adequate provisions shall be made for access by emergency medical and fire vehicles.

5.

The outdoor storage of trash or rubbish shall be screened.

6.

Proof of licensing by the State of Michigan shall be required prior to the operation of any child care center. Additionally, there shall be provided and maintained an outdoor area suitable for play activity and containing a minimum of 2,000 square feet. The outdoor play area shall be immediately contiguous to the facility it is intended to serve and shall be enclosed by a protective wall or fence.

B.

Community residential care facilities are permitted as a conditional use in the D zoning district, subject to the following conditions:

1.

The establishment must be a day care center (child care center).

2.

Proof of licensing by the State of Michigan shall be required prior to the operation of any child care center.

3.

Child care centers and day care centers shall be in full compliance with all applicable requirements of the Americans with Disabilities Act.

4.

Pick-up and discharge of visitors or attendees shall not interfere with the free flow of traffic on adjacent streets.

5.

The establishment shall have no more than 33 feet of frontage at street level or on the first floor of the address side of the building.

11.12.3.

Reserved for future use.

11.12.4.

Drive-Through Establishments. Drive-through establishments, including drive-through establishments as an accessory use, are permitted as a special use in the C and CO Commercial Districts under the following conditions:

A.

The outdoor storage of trash and rubbish shall be screened.

B.

An adequate number of outdoor trash receptacles shall be provided in convenient locations at drive-in and carry-out food establishments.

C.

Vehicular circulation patterns into and out of such businesses shall be located and designed to minimize disruption of and conflicts with through traffic movement on abutting streets.

D.

Devices for the transmission or broadcasting of voices or music shall be so directed or muffled as to prevent sound or music from being audible beyond the boundaries of the site.

E.

Bathroom facilities shall be provided at food establishments for use by patrons even if no indoor seating is provided.

F.

There shall be at least two temporary vehicle stopping spaces after the delivery window so motorists may prepare themselves for a safe exit onto the public roadway.

11.12.5.

ECHO Housing. ECHO housing units are permitted as a special use in the R1, R2, and R3 Residential Districts under the following conditions.

A.

An ECHO unit must be accessory on a lot containing one, and only one, single-family residential structure, and there may be a maximum of one (1) ECHO dwelling unit per lot.

B.

The ECHO unit may be an expansion or alteration of an existing structure, or a new separate structure. If a separate structure, the ECHO unit shall comply with all setback requirements and lot coverage requirements as a principal building, and shall be located not less than ten feet from the existing single-family residential structure.

C.

The property owner may reside in either the accessory (ECHO) dwelling unit or the principal dwelling unit.

D.

Adequate provision for potable water and wastewater disposal, as provided by Chapter 30 of the Code of Ordinances, shall be required.

E.

Dwellings modified in conjunction with an ECHO dwelling unit shall, on sides adjacent to streets, retain the appearance of a single-family detached dwelling.

F.

The ECHO dwelling unit shall provide adequate access for emergency vehicles.

G.

The ECHO dwelling unit shall meet all applicable construction codes for a dwelling.

H.

One additional off-street parking space shall be provided.

I.

Separate sale or ownership of the ECHO dwelling unit from the primary dwelling on a lot or parcel is prohibited. No person who is not a relative of the property owner shall be permitted to reside in the ECHO unit, except for a caregiver of the ECHO unit occupant.

J.

The city may, not more frequently than once per calendar year, request and require that the property owner indicate, on a form provided by the city, whether the ECHO unit is currently occupied in conformance with the terms of the special use permit, and, if it is not, the date on which the occupation ceased.

K.

If the ECHO unit is a separate structure, the ECHO unit must be removed from the property within six months of the ECHO use ceasing. If the ECHO unit is an expansion or alteration of a single-family structure, upon cessation of the ECHO use, the ECHO unit shall no longer be considered a separate living unit and shall be considered to be incorporated into the single-family structure.

11.12.6.

Educational Institutions. Educational institutions are permitted as a conditional use in the R1, R2, and R3 Residential Districts under the following conditions:

A.

No principal building or accessory structure other than a flagpole shall be closer than 50 feet to any lot line or street line.

B.

No more than 25 percent of the gross site area shall be covered by buildings.

C.

Only temporary parking associated with drop off and pickup shall be allowed between the front lot line and the building line.

D.

The outdoor storage of trash and rubbish shall be screened.

E.

Passenger drop-off and vehicular turn-around facilities shall be provided on the site so that vehicles will not interfere with street traffic and be designed to ensure safe passage for pedestrians and bicyclists.

11.12.7.

Facilities for the Dead. Facilities for the dead are permitted as a conditional use under the following conditions:

A.

Cemeteries, Columbaria, and Mausoleums.

1.

Cemeteries, columbaria, and/or mausoleums are permitted in the R1, R2, and R3 Residential Districts.

2.

The minimum lot size shall be five acres.

3.

No more then ten percent of the lot shall be occupied by buildings.

4.

All burial plots and all buildings and structures shall comply with the setback requirements of the district.

5.

All facilities for the ground burial area of the site shall be designed and constructed in accordance with the requirements of the Berrien County Health Department and the State of Michigan.

B.

Funeral Homes.

1.

Funeral homes are permitted in the C Commercial District.

2.

Principal access and frontage shall be on a major thoroughfare.

3.

There must be at least one fully enclosed parking space inside or adjacent to the principal building, which shall be used for all receipt of human remains.

4.

A crematorium may be included as an accessory use.

C.

Crematoria.

1.

Crematoria are permitted in the I1 and I2 industrial districts.

2.

There must be at least one fully enclosed parking space inside or adjacent to the principal building, which shall be used for all receipt of human remains.

11.12.8.

Home Occupations. Home occupations are permitted as a conditional use under the following conditions:

A.

Uses Allowed. Uses that comply with all of the standards of this subsection will be allowed as home occupations unless they are specifically prohibited. The home occupation must be clearly subordinate and incidental to the use of the dwelling as a residence, and no more than one home occupation is permitted in a dwelling.

B.

Size. A home occupation may not occupy more than 25 percent of the gross area of the dwelling unit used for the home occupation.

C.

Prohibited Uses. The following uses are prohibited as home occupations:

1.

Vehicle and Large Equipment Storage/Repair. Any type of repair, assembly or storage of vehicles or equipment with internal combustion engines (such as autos, motorcycles, scooters, snowmobiles, outboard marine engines, lawn mowers, chain saws, and other small engines) or of large appliances (such as washing machines, dryers, and refrigerators) or any other work related to motor vehicles and their parts.

2.

Animal Boarding Facilities. This includes kennels, commercial stables and all other similar uses.

3.

Restaurants.

D.

Resident Operator. The operator of a home occupation must be a full-time resident of the subject dwelling unit and be on the premises during the hours of operation of the home occupation.

E.

Employees. A maximum of one nonresident employee may be on the premises at any one time. For the purpose of this provision, the term "nonresident employee" includes an employee, business partner, co-owner, independent contractor, or other person affiliated with the home occupation, who does not live at the site, but who visits the site as part of the home occupation.

F.

Location. All work areas and activities associated with home occupations must be conducted and located inside the principal dwelling unit, and not in accessory buildings or garages, whether attached or detached.

G.

Exterior Appearance. There may be no visible evidence of the conduct of a home occupation when viewed from the street right-of-way or from an adjacent lot, except there may be one non-illuminated sign advertising the home occupation, no larger than two square feet and firmly affixed to the dwelling unit as a wall sign. There may be no change in the exterior appearance of the dwelling unit that houses a home occupation or the site upon which it is conducted that will make the dwelling appear less residential in nature or function. Examples of such prohibited alterations include construction of parking lots, paving of required setbacks, or adding commercial-like exterior lighting or signs.

H.

Operational Impacts. No home occupation or equipment used in conjunction with a home occupation may cause odor, vibration, noise, electrical interference or fluctuation in voltage, or light beyond that customary for residential uses that is perceptible beyond the lot line of the lot upon which the home occupation is conducted. No hazardous substances may be used or stored in conjunction with a home occupation.

I.

Retail Storage, Sales and Display. No stock-in-trade may be stored, produced or sold upon the premises, other than within the allowed area used for the home occupation.

J.

Deliveries. Vehicles used for delivery and pick-up are limited to those normally servicing residential neighborhoods. Tractor-trailers or semi-trucks are expressly prohibited.

K.

Traffic. No traffic shall be generated by any home occupation in greater volume than would normally be expected in a residential neighborhood.

L.

Registration. Any person conducting a home occupation shall register with the zoning administrator, on a form to be provided by the zoning administrator, within 30 days of beginning that use, or within 60 days of the effective date of this ordinance, whichever is later.

11.12.9.

Institutions for Human Care and Habitation. Institutions for human care and habitation are permitted as a conditional use in the D Downtown District so long as such uses shall not be located at street level or on the first floor or any building.

11.12.10.

Limited Neighborhood Businesses.

A.

Limited neighborhood businesses are permitted as a conditional use in the R1, R2, and R3 zoning Districts under the following conditions:

1.

The predecessor use is, or if actively used would be, considered a limited neighborhood business at the time of the conditional use application.

2.

The proposed successor use shall be judged to have, on the whole, no greater deleterious impact upon adjacent residential properties than the predecessor use. This includes, but is not limited to, traffic, lighting, noise, odor, vibration, electrical interference, garbage or rubbish or other impacts.

3.

The successor use must meet the condition described in the following table:

For example, if the predecessor use is an insurance office, which is in the office establishment use class and therefore a permitted use in the C and CO Districts, it may potentially be replaced by a barber shop, which is in the personal service establishment use class and therefore a permitted use in the C District. The predecessor use may not be replaced by a cold storage facility, which is in the wholesale trade establishment use class and therefore a permitted use only in the I1 and I2 Districts.

4.

The proposed successor use must meet the parking requirements of the ordinance, as modified by Section 18.2.4.

5.

The proposed successor use may not include the sale of alcoholic liquor unless the predecessor use legally possessed an active liquor license issued by the Michigan Liquor Control Commission at the time of the conditional use permit application, or if such a license had been legally possessed by the predecessor use but placed in escrow not more than six months prior to the date of application. The proposed use must use the same type of liquor license. For the purposes of this section, licenses defined by the state as "special licenses" which are typically issued on a temporary basis, shall not be considered an "active liquor license". If the type of liquor license, as defined by the state, is proposed to change, the zoning administrator must decline to issue the conditional use permit; the applicant may request a special use permit under this article.

6.

The proposed successor use may not include a drive-through establishment.

B.

Limited neighborhood businesses are permitted as a special use in the R1, R2, and R3 zoning districts under the following conditions:

1.

The predecessor use is, or if actively used would be, considered a limited neighborhood business at the time of the conditional use application.

2.

The proposed successor use shall be judged to have, on the whole, no greater deleterious impact upon adjacent residential properties than the predecessor use. This includes, but is not limited to, traffic, lighting, noise, odor, vibration, electrical interference, garbage or rubbish or other impacts.

3.

The successor use must meet the condition described in the following table:

For example, if the predecessor use is an insurance office, which is in the office establishment use class and therefore a permitted use in the C and CO Districts, it may potentially be replaced by a barber shop, which is in the personal service establishment use class and therefore a permitted use in the C District. The predecessor use may not be replaced by a cold storage facility, which is in the wholesale trade establishment use class and therefore a permitted use only in the I1 and I2 Districts.

4.

The proposed successor use must meet the parking requirements of the ordinance, as modified by Section 18.2.4.

5.

The proposed successor use may not include the sale of alcoholic liquor unless the predecessor use legally possessed an active liquor license issued by the Michigan Liquor Control Commission at the time of the conditional use permit application, or if such a license had been legally possessed by the predecessor business but placed in escrow not more than six months prior to the date of application. For the purposes of this section, licenses defined by the state as "special licenses" which are typically issued on a daily basis, shall not be considered an "active liquor license." The type of liquor license, as defined by the state, may change if such change is judged unlikely to create a deleterious impact on the surrounding neighborhood.

6.

For a proposed successor use including a drive-through establishment, the standards set forth in 11.12.4.A through 11.12.4.I shall also be considered.

11.12.11.

Lodging/Accommodations.

A.

Bed and breakfast establishments are allowed as a special use in the R3 Residential District under the following conditions:

1.

The bed and breakfast shall be operated by the property owner(s) of record ("owner/operator") who shall also be a resident(s) of the property for a majority of the calendar year in which the bed and breakfast operates, using the property as their primary legal address for state issued identification cards, voter registration and income tax purposes. In the case of the property being owned by a limited liability company or S corporation, the owner/operator(s) shall have primary beneficial ownership and control of the entity.

Whenever the bed and breakfast is open for the renting of rooms, the owner/operator shall reside at and be present to operate-the bed and breakfast. However, the bed and breakfast may continue to operate during the owner/operator's temporary absence(s) due to family or medical emergencies of less than 30 calendar days a calendar year, so long as the owner/operator designates an adult to temporarily reside in and operate the premises during such absence. When the owner/operator is on vacation the bed and breakfast shall be closed. The operation of a bed and breakfast is not considered a home occupation under Section 11.12.8 and the owner/operator may employ individuals who do not permanently reside on the property to assist in the operation of the bed and breakfast.

2.

The bed and breakfast facility may have up to six bedrooms used for transient guests for compensation.

3.

The applicant shall provide a scaled building floor plan of the premises as part of the special use application. this floor plan shall also include information pertaining to criteria 4—10 below.

4.

No guest room shall be located in a Basement or cellar.

5.

Minimum size room for one occupant is 70 square feet. For rooms having more than one occupant, 50 square feet is required for each occupant (two occupants equals 100 square feet) as adopted in the Michigan Residential Code and/or Michigan Building Code, adopted in Chapter 8, Article V of the Code of Ordinances of the City of St. Joseph and is in effect at time of approval.

6.

No separate or additional kitchen facilities shall be provided for the transient guests.

7.

Lavatories and bathing facilities shall be available to all persons using the premises and have a means of egress as adopted in the Michigan Residential Code and/or Michigan Building Code, adopted in Chapter 8, Article V of the Code of Ordinances of the City of St. Joseph and is in effect at time of approval. Each rental room shall have its own lavatory and bathing facility, however, two adjoining rooms may share one lavatory and bathing facility.

8.

Afire escape plan shall be developed and graphically displayed in each guest room.

9.

A minimum of one appropriate fire extinguisher, in proper working order, shall be located on each floor, in a place readily accessible to transient guests.

10.

One smoke and carbon-monoxide detector must be located in general proximity and outside of each bedroom door and inside each room or as adopted in the Michigan Residential Code and/or Michigan Building Code, adopted in Chapter 8, Article V of the Code of Ordinances of the City of St. Joseph and as in effect at time of approval.

11.

The exterior appearance of the structure shall be harmonious with the character of the surrounding district.

12.

One off-street parking space per room to be rented shall be provided in addition to the two spaces required for the single-family residence. Off-site parking within 200 feet of the site at the nearest point may be allowed when written approval has been granted by the off-site property owner.

13.

Parking required and designated for the transient guest shall be screened from adjacent residential parcels. Parking shall be screened from the street and any adjacent residentially zoned parcel. Screening is not required from any alley. Screening shall be a minimum of four feet in height and consist of a solid fence or landscaping.

14.

All required parking shall be accessible at all times.

15.

The outdoor storage of trash or rubbish of more than one 64-gallon covered plastic container typically associated with single-family residential structures shall be screened. Containers shall not be visible from the street, shall be covered, and shall be located outside of any required side yard. Screening shall be constructed of solid material and be of sufficient height to screen the containers.

16.

Exterior signage shall be reviewed and approved as part of the request. Signage shall be limited to one wall sign not more two square feet. The maximum height of the wall sign shall be no higher than the ground floor entrance. The planning commission may recommended an increase to the maximum allowable square footage on a case by case basis not more than six square feet, allow for a ground sign no taller than four feet above natural grade, and or an externally illuminated sign based on the lot size, street frontage, type of street (i.e., major arterial, local street), speed limit on the street, proposed sign location, and neighborhood character.

17.

The owner/operator shall maintain a guest registry for the purpose of city inspection and copying the name, address, and other contact information of the registered guest. This registry shall be maintained for a minimum of one year from the date of the last rental.

18.

No transient guest shall reside on the premises for more than 14 consecutive days.

19.

Retail sales are not permitted beyond those activities serving the registered transient guests. Meals shall not be served to the public at large but only to registered transient guests.

20.

No receptions, private parties or activities for which a fee is paid shall be permitted except for those which involve only registered transient guests.

B.

Short-term rental establishments are allowed as a special use in the R3 Residential District under the following conditions:

1.

The use shall occupy one or more dwelling units authorized under this ordinance or existing as nonconformities.

2.

The subject parcel is adjacent to one or more residentially zoned or used parcels.

3.

On-site parking must be provided as required in Article XVIII.

4.

The Applicant shall provide a scaled floor plan of the premises as part of the special use application.

5.

The exterior appearance of the structure shall be harmonious with the character of the surrounding district.

6.

A fire escape plan shall be developed and graphically displayed in each dwelling unit.

7.

A minimum of one appropriate fire extinguisher, in proper working order, shall be located in each dwelling unit, in a place readily accessible to guests.

8.

Each dwelling unit, and the establishment, shall be provided with means of egress as described in the Michigan Residential Code or Michigan Building Code, adopted in Chapter 8, Article V of the Code of Ordinances of the City of St. Joseph, as appropriate.

9.

No sleeping room shall be located in a basement or cellar.

10.

Lavatories and bathing facilities shall be available to all persons using the premises.

11.

Retail sales are not permitted beyond those activities serving the registered overnight patrons.

12.

The outdoor storage of trash or rubbish shall be screened.

13.

The establishment meets all requirements of Chapter 8, Article VI of the Code of Ordinances of the City of St. Joseph.

C.

Short-term rental establishments are allowed as a conditional use in the R3 Residential District under the following conditions:

1.

The use shall occupy one or more dwelling units authorized under this ordinance or existing as nonconformities.

2.

The subject parcel is not adjacent to one or more residentially zoned or used parcels.

3.

On-site parking must be provided as required in Article XVIII.

4.

The applicant shall provide a scaled floor plan of the premises as part of the special use application.

5.

The exterior appearance of the structure shall be harmonious with the character of the surrounding district.

6.

A fire escape plan shall be developed and graphically displayed in each dwelling unit.

7.

A minimum of one appropriate fire extinguisher, in proper working order, shall be located in each dwelling unit, in a place readily accessible to guests.

8.

Each dwelling unit, and the establishment, shall be provided with means of egress as described in the Michigan Residential Code or Michigan Building Code, adopted in Chapter 8, Article V of the Code of Ordinances of the City of St. Joseph, as appropriate.

9.

No sleeping room shall be located in a basement or cellar.

10.

Lavatories and bathing facilities shall be available to all persons using the premises.

11.

Retail sales are not permitted beyond those activities serving the registered overnight patrons.

12.

The outdoor storage of trash or rubbish shall be screened.

13.

The establishment meets all requirements of Chapter 8, Article VI of the Code of Ordinances of the City of St. Joseph.

D.

Short-term rental establishments are allowed as a conditional use in the W Water Recreation District, under the following conditions:

1.

The use shall occupy one or more dwelling units authorized under this ordinance or existing as nonconformities.

2.

On-site parking shall be provided as required in Article XVIII.

3.

The applicant shall provide a scaled floor plan of the premises as part of the zoning permit application.

4.

The exterior appearance of the structure shall be harmonious with the character of the surrounding district.

5.

A fire escape plan shall be developed and graphically displayed in each dwelling unit.

6.

A minimum of one appropriate fire extinguisher, in proper working order, shall be located in each dwelling unit, in a place readily accessible to guests.

7.

Each dwelling unit, and the establishment, shall be provided with means of egress as described in the Michigan Residential Code or Michigan Building Code, adopted in Chapter 8, Article V of the Code of Ordinances of the City of St. Joseph, as appropriate.

8.

No sleeping room shall be located in a basement or cellar.

9.

Lavatories and bathing facilities shall be available to all persons using the premises.

10.

Retail sales are not permitted beyond those activities serving the registered overnight patrons.

11.

The outdoor storage of trash or rubbish shall be screened.

12.

The establishment meets all requirements of Chapter 8, Article VI of the Code of Ordinances of the City of St. Joseph.

E.

Short-term rental establishments are allowed as a conditional use in the D Downtown District, under the following conditions:

1.

No dwelling units shall be located on street level/first floor.

2.

The use shall occupy one or more dwelling units authorized under this ordinance or existing as nonconformities.

3.

Parking shall be provided as required in article XVIII. If required parking is located off-site within the D Downtown District, the applicant shall provide a copy of an executed lease agreement as part of the conditional use permit application. The lease agreement must include the name of the parties, location, description of visibly assigned parking spaces, effective dates, and termination process.

4.

The applicant shall provide a scaled floor plan of the premises as part of the conditional use permit application.

5.

The exterior appearance of the structure shall be harmonious with the character of the surrounding district.

6.

A fire escape plan shall be developed and graphically displayed in each dwelling unit.

7.

A minimum of one appropriate fire extinguisher, in proper working order, shall be located in each dwelling unit, in a place readily accessible to guests.

8.

Each dwelling unit, and the establishment, shall be provided with means of egress as described in the Michigan Residential Code or Michigan Building Code, adopted in chapter 8, article V of the Code of Ordinances of the City of St. Joseph, as appropriate.

9.

No sleeping room shall be located in a basement or cellar.

10.

Lavatories and bathing facilities shall be available to all persons using the premises.

11.

Retail sales are not permitted beyond those activities serving the registered overnight patrons.

12.

Refuse generated from the dwelling unit shall utilize the assigned refuse container located in the alley. Refuse should not be placed in public refuse containers on the streets.

13.

The establishment meets all requirements of chapter 8, article VI of the Code of Ordinances of the City of St. Joseph, with the exception of parking requirements, which shall be governed by article XVIII.

11.12.12.

Medical Service Establishments, Small.

A.

Small medical service establishments are permitted as a conditional use in the D Downtown District so long as the establishment has no more than 33 feet of frontage at street level or on the first floor of the address side of the building.

B.

Small medical service establishments are permitted as a conditional use in the CO Commercial Office District so long as the establishment is not a veterinary clinic or a kennel.

11.12.13.

Reserved For Future Use.

11.12.14.

Multiple-family Dwellings.

A.

Multiple-family dwellings are permitted as a conditional use in the D Downtown District so long as such uses shall not be located at street level or on the first floor of any building.

B.

Multiple-family dwellings are permitted as a conditional use in the C Commercial and CO Commercial Office Districts under the following conditions.

1.

Such uses shall not be located at street level or on the first floor of any building.

2.

Such uses shall not occupy more than 67 percent of the total floor area of any building.

3.

Such uses shall not be established in a building containing a sexually oriented business.

11.12.15.

Parking Facilities. Parking facilities, whether a principal or an accessory use, are permitted as a conditional use in the D Downtown District under the following conditions:

A.

For the purpose of this section, a "vehicular entrance" shall be either:

1.

A single combined entrance/exit suitable for the intended purpose, not more than 25 feet wide.

2.

A separate entrance and exit, each suitable for its intended purpose, each not more than 15 feet wide, and separated by not less than 66 feet as measured by the shortest path along the property line. Such separate entrances/exits may be on different streets, but each entrance/exit shall otherwise be considered a vehicular entrance for the purpose of 11.12.15.C and shall prevent additional vehicular entrances from being developed on any other intersecting street.

B.

All contiguous indoor parking facilities or contiguous outdoor parking facilities under the control of one person shall be considered a single parking facility, regardless of the number of lots that may be included.

C.

Only a single vehicular entrance may be allowed from a parking facility onto any street, unless separated by at least 132 feet as measured by the shortest path along the property line. Separate vehicular entrances to a parking facility are not permitted onto intersecting streets. These restrictions do not apply to vehicular entrances onto alleys.

D.

For parking located in structures:

1.

Non-parking uses otherwise permitted in the district must be placed along the structure perimeter at the street level or on the first floor, in keeping with the primary function of the D Downtown area as a mixed-use commercial area particularly suited to pedestrians. Allowed vehicular entrances, reasonable pedestrian entrances leading directly to the parking use, and an additional allowance of not more than 20 percent of the remaining street level or first floor frontage of the structure facing streets and not occupied by such vehicular or pedestrian entrances are permitted at the street level or on the first floor.

2.

The structure must be designed and constructed so that the parking use is enclosed and not visible from the public street except through allowed vehicular entrances or through transparent or translucent windows or doors, except that faces of the structure along alleys and at least 20 feet from a public street may be open, and the uppermost level of the structure which is above street level or the first floor may be unroofed and open.

3.

The structure shall be consistent in appearance with the commercial and residential nature of the Downtown District.

11.12.16.

Public Buildings. Public buildings owned by governmental entities other than the City of St. Joseph are permitted as a special use in all districts under the following conditions:

A.

No building, structure (except for flagpoles), or use shall be located within 30 feet of a residential zoned parcel or use.

B.

If located in a residential district, all buildings and structures shall be designed to be compatible with the character of the surrounding neighborhood.

C.

Off-street parking shall be screened from adjacent residential uses or districts.

D.

The outdoor storage of trash or rubbish shall be screened.

11.12.17.

Religious Institutions. Religious institutions are permitted as a conditional use in all zoning districts under the following conditions:

A.

If the combined building area is over 30,000 square feet, access shall be from a major thoroughfare.

B.

No building shall be located nearer than 30 feet from any residentially zoned parcel.

C.

The outdoor storage of trash or rubbish shall be screened.

D.

Additional associated uses must comply with the requirements of the zoning ordinance, including, if applicable, conditional or special use permit regulations.

E.

Additional principal uses may share parking if the uses are at different times.

11.12.18.

Repair Services, Medium. medium repair services are permitted as a conditional use in the C Commercial District so long as the establishment shall be in a fully enclosed facility and all services, activities, and storage shall take place inside an enclosed building.

11.12.19.

Research, Development and Scientific Establishments. Research, development, and scientific establishments are permitted as a conditional use in the D Downtown District so long as the establishment is not located at street level or on the first floor of a building.

11.12.20.

Sexually Oriented Businesses. Sexually oriented businesses are permitted as a conditional use in the C Commercial and I-1 Light Industrial Districts, so long as:

A.

The business meets all requirements of Chapter 38 of the Code of Ordinances of the City of St. Joseph.

B.

No person shall reside in or on, or permit a person to reside in or on, a building or property occupied by a sexually oriented business.

11.12.21.

Single-Family Dwelling.

A.

Single-family dwellings are permitted as a conditional use in the D Downtown District so long as such uses shall not be located at street level or on the first floor of any Building

B.

Single-family dwellings are permitted as a conditional use in the C Commercial and CO Commercial Office Districts under the following conditions:

1.

Such uses shall not be located at street level or on the first floor of any building.

2.

Such uses shall not occupy more than 67 percent of the total floor area of any building.

3.

Such uses shall not be established in a building containing a sexually oriented business.

11.12.22.

Social Institutions. Social institutions, light/office, are permitted as a conditional use in the D Downtown District so long as such uses are not located at street level or on the first floor of a building. Social institutions, medium/heavy, are permitted as a conditional use in the D Downtown districts so long as such uses are not located at street level or on the first floor of a building.

11.12.23.

Two-Family Dwelling.

A.

Two-family dwellings are permitted as a conditional use in the D Downtown District so long as such uses shall not be located at street level or on the first floor of a building.

B.

Two-family dwellings are permitted as a conditional use in the C Commercial and CO Commercial Office Districts under the following conditions:

1.

Such uses shall not be located at street level or on the first floor of a building.

2.

Such uses shall not occupy more than 67 percent of the total floor area of any building.

3.

Such uses shall not be established in a building containing a sexually oriented business.

11.12.24.

Utility and Public Service Installations, Light. Utility and public service installations that do not qualify as essential services (see Section 3.5) are permitted as a special use in all zoning districts under the following conditions:

A.

Buildings, structures (except for flagpoles), and uses shall be located at least 30 feet from all lot lines and street lines.

B.

Exterior equipment shall be screened from adjacent residential districts.

C.

The outdoor storage of trash or rubbish shall be screened.

11.12.25.

Utility and Public Service Installations, Communication Towers.

A.

Communication towers except public safety communication towers are permitted as a special use in all zoning districts under the following conditions:

1.

The location of a proposed communication tower shall not be approved unless the zoning administrator determines that the communications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building located within the applicant's search radius of the proposed tower due to one or more of the following reasons:

a.

The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.

b.

The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or Building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost.

c.

Existing or approved towers and buildings within the search area cannot accommodate the planned equipment at a height necessary to provide reasonable coverage and/or capacity as documented by a qualified and licensed professional engineer.

d.

Other reasons that make it infeasible to locate the planned equipment upon an existing or approved tower or building, including, but not limited to, documented proof that the owner of such tower or building will not lease space to the applicant, that there is insufficient ground, building, roof or tower area on which equipment may be installed, existing towers or buildings would not provide required setback distances, etc.

2.

Subject to the setback and other requirements of this ordinance, a communication tower shall be located on a parcel of land so as to provide a fall zone of not less than 110 percent of the height in the tower to any lot line. This fall zone shall be maintained throughout the existence of the communication tower. No land division shall be approved which would violate this provision.

3.

Communication towers shall be of a monopole or self-supporting lattice design, unless the city commission finds that an alternative design will not adversely impact the surrounding area.

4.

Proposed communication towers of the guyed or self-supporting lattice type shall be structurally designed, to accommodate both the applicant's antennas and comparable antennas for at least two additional users. Proposed monopole communication towers shall be structurally designed to accommodate both the applicant's antennas and comparable antennas for at least one additional user. All towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

5.

The base of the tower and wire/cable supports shall be fenced with a minimum six-foot climb resistant fence which may be a protective measures fence.

B.

Public safety communication towers are permitted as a special use in all zoning districts under the following conditions:

1.

Subject to the setback and other requirements of this ordinance, a communication tower shall be located on a parcel of land so as to provide a fall zone of not less than 110 percent of the height in the tower to any lot line. This fall zone shall be maintained throughout the existence of the communication tower. No land division shall be approved which would violate this provision.

a.

Alternatively, the applicant may provide an engineering report sealed by a registered professional engineer demonstrating that the tower is designed to collapse upon itself in a controlled fashion in such a way, and with such structural strength in the remaining portion of the structure, as to render a fall zone unnecessary. Such a report must be based upon the following criteria:

i.

The tower design shall meet or exceed the requirements of the current version of the Michigan Building Code but in no case shall the tower design fail to meet any standard set in ANSI/EIA/TIA-222-G.

ii.

The tower design shall meet the "Class III" classification of structure standards as intended for structures supporting essential communications and/or representing a substantial hazard to human life and/or property.

iii.

The chief building official shall concur with the exposure category and topographic category used in the tower design.

iv.

A demonstration that the "self-collapsing" action of the tower, if functioning as designed, will not cause a hazard to persons or structures on adjacent properties.

2.

The height of the tower will be dictated by the operational needs of the planned or reasonably foreseeable public safety communication uses; the tower shall not be increased beyond this height to provide opportunities for the placement of allowed commercial antennae.

3.

The tower or any accompanying building or structure shall not be located within 30 feet of a residential zoned parcel or use.

4.

If located in a residential district, the tower shall be designed to be compatible with the character of the surrounding neighborhood.

5.

The base of the tower and wire/cable supports shall be fenced with a minimum six-foot climb resistant fence which may be a protective measures fence.

6.

The tower shall remain under the ownership and control of a governmental unit and more than 50 percent of the number of antennae on the tower shall be used for public safety and governmental communications purposes.

C.

All communication towers, including public safety communication towers, erected, constructed, or located within the city shall comply with the following requirements:

1.

Discontinuance and Abandonment. The holder of a special use permit for a communications tower shall remove all discontinued communication towers, including the foundations and all support structures, and give notice of discontinuance of use of a tower within 90 days of the date that the use of the tower ceases. If at any time the use of the tower is discontinued for more than 365 consecutive days, the zoning administrator may declare the tower abandoned. Notice of abandonment shall be sent by first-class mail to the applicant instructing the applicant that the tower must either be reactivated or dismantled and removed from the site within 120 days the date the notice is sent to the applicant. If reactivation or dismantling and removal of the tower does not occur, the city may contract to remove the tower and assess all cost on the property taxes of the owner of the tower.

2.

Towers shall not be artificially lighted unless required by the Federal Aviation Administration (FAA). If required to be lighted, all options for lighting shall be presented to the city commission which shall select the option with the least negative visual impact in the area, unless the FAA dictates a particular option.

3.

There shall be no display advertising or identification of any kind intended to be visible from the ground or other structures.

11.12.26.

Vehicle Sales and Service Establishments. Automobile service and repair stations are permitted as a conditional use in the C Commercial, D Downtown, and I-1 Light Industrial Districts under the following conditions:

A.

The facility shall be located on a major thoroughfare.

B.

All gasoline pumps shall be located not less than 15 feet from any lot line or within 30 feet from the street right-of-way and shall be arranged so that motor vehicles using them will not be parked on or overhanging any public sidewalk or street right-of-way.

C.

The entire area used for vehicle service and/or fueling shall be concrete-paved and adequately drained.

D.

There shall be no above-ground outdoor storage/dispensing tanks on the site.

E.

All restrooms shall be accessed from the interior of the principal building.

F.

Hydraulic hoists, service pits, lubricating, greasing, washing, and repair equipment and operations shall be located within a completely enclosed structure.

G.

Sales of new and used motorized vehicles shall not be permitted.

(Ord. of 9-12-16(1), § 6; Ord. of 11-14-16(1), § 3; Ord. of 1-22-18(1), § 5; Ord. No. 2024-1, § 1.2, 1-8-24; Ord. of 2-3-25(2))