The development and execution of this section is based upon the division of the city into districts within which the uses of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are special uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighborhood land. These uses include uses publicly operated or traditionally affected with a public interest and uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

(A)

Initiation of special land use. Any person having a freehold interest in land, a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, and which is specifically enforceable, may file an application to use the land for one or more of the special uses provided for in this section in the zoning district in which the land is located.

(B)

Application of special land use. An application for special land use shall be filed with the building department on a form prescribed by the building department. The application shall be accompanied by any plans or data prescribed by the building department and shall include as a minimum the requirements for site plan review as noted in article XII [of this zoning ordinance]. The application shall also include a statement in writing by the applicant and adequate evidence showing that the proposed special land use will conform to the standards set forth in this section. The application shall also be accompanied with a fee to cover the expense of public hearing. The fee to be determined by resolution of the city commission shall be based upon the cost of processing the review. The resolution shall be on file with the city clerk for public information.

(C)

Public hearing. Upon receipt of an application for a special land use which requires a decision on discretionary grounds, a public hearing shall be held. One notice that a request for special land use approval has been received shall be published in a newspaper of general circulation in the city and shall be sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet. The notice shall be given not less than five and not more than 15 days before the application will be considered. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. The notice shall contain the following information:

(1)

Description of the nature of the special land use request.

(2)

Indication of the property which is the subject of the special land use request.

(3)

Statement of when and where the special land use hearing will be considered.

(4)

Indication of when and where written comments will be received concerning the request.

(D)

Standards. No special land use shall be recommended by the building department or approved by the planning board unless it shall find the following:

(1)

The establishment, maintenance, or operation of the special land use will not be detrimental to or endanger the public health, safety, or general welfare, or the natural environment.

(2)

The special land use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor shall it substantially diminish and impair property values within its neighborhood.

(3)

The establishment of the special land use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

(4)

Adequate utilities, access roads, drainage, and necessary facilities have been or are being provided.

(5)

Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets.

(6)

The special land use shall, in all other respects, conform to the applicable regulations of the district in which it is located and to any additional conditions or procedures as specified in article VI [of this zoning ordinance].

(E)

Conditions and guarantees. Prior to the granting of any special land use, the planning board shall stipulate the conditions and restrictions upon the establishment, location, construction, maintenance, and operations of the special land use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in this section. In all cases in which special land uses are granted, the planning board shall require any evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Any conditions imposed shall remain unchanged except upon the mutual consent of the planning board and the landowner. The planning board shall maintain a record of changes granted in the conditions.

(F)

Effect of denial of a special land use. No application for a special land use which has been denied wholly or in part by the planning board shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the building department and the planning board.

(G)

Revocation. In any case where a special land use has not been established within one year after the date of granting authorization for the use, the special land use authorization shall automatically be null and void without further action by the planning board.

(H)

Revoke special land use. A special land use can be revoked by the planning board, under the same procedure as the section used to approve it, if it is found that it no longer meets the standards of this [zoning] ordinance.

The following are those uses identified as special land uses and the provisions or conditions that must be met so as to be approved in whole or conditionally.

(A)

Home occupations. Home occupations not specifically permitted may be permitted in all residential districts as a special land use under the following procedures and conditions and subject further to all conditions specified in section 1.0401(9).

(1)

The exterior appearance of the structure shall not be altered or the occupations within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, sips, or the emission of sounds, noises or vibrations.

(2)

No more than one person other than members of the immediate family occupying the dwelling shall be employed.

(3)

The occupations shall occupy no more than 25 percent of the floor area of the dwelling, or 50 percent of a detached garage.

(4)

There shall be no outside storage of any kind related to any home occupation.

(5)

The use may not increase vehicular traffic flow and parking by more than one additional vehicle at a time, unless off-street parking as set forth in the off-street parking regulations in article IX [of this zoning ordinance] is provided.

(6)

Mechanical or electric equipment employed by the home occupations shall be comparable to the machinery or equipment customarily found in the home associated with a hobby or avocation.

(7)

Only one nameplate shall be allowed, in accordance with the sign regulations at 144 square inches. It may display the name of the home occupations, for example, John Doe, Realtor, and must be attached to the principal building.

(8)

No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.

(B)

Two-family dwelling. Two-family dwelling may be permitted as a special use under the following provisions and conditions.

(1)

A lot area of not less than 10,000 square feet for each two-family dwelling shall be provided.

(2)

A lot width of not less than 100 feet for each two-family dwelling shall be provided.

(3)

Building setbacks and height requirements shall comply with the requirements for single-family dwellings as required for the R-3 district.

(4)

All driveways and parking shall be solid surface with either three inches asphalt or four inches concrete. Each dwelling unit shall have two dedicated parking spaces and shall further comply with article IX of this zoning ordinance as applicable.

(5)

Buildings shall be of substantially similar appearance as other residential buildings on adjacent properties and in the neighborhood or an adaptive reuse of a non-residential building.

(C)

Low-density apartments. Low-density apartments may be permitted as a special land use under the following provisions and conditions.

(1)

The density (lot area per dwelling unit) of the zone shall be complied with.

(2)

All apartment regulations and requirements of this [zoning] ordinance shall be complied with.

(3)

All yard requirements of the zone district shall be increased 50 percent.

(4)

All dwelling units shall be supplied with public sewer and water.

(5)

No building shall exceed 120 feet in length, width, or depth and all buildings shall be of substantially similar appearance as other residential uses in the neighborhood.

(D)

High-density apartments. High-density apartments may be permitted according to the following provisions and conditions.

(1)

The site requirements shall include 15 percent open space of the site to be landscaped.

(2)

All yard provisions of the district shall be complied with.

(3)

No minimum lot area per dwelling unit is required, provided that off-street parking requirements shall be complied with upon the same lot.

(4)

All buildings shall comply with the fire prevention code of the city.

(E)

Mobile home parks.

(1)

All mobile home park development shall further comply with Public Act No. 96 of 1987 (MCL 125.2301 et seq.). Public Act No. 96 of 1987 (MCL 125.2301 et seq.) shall supersede any requirements of this [zoning] ordinance where this [zoning] ordinance may provide more restrictive standards.

(2)

Access to any mobile home park shall be to other than a single-family residential street. The intent being to avoid higher-density traffic movements through existing or planned single-family developments. An emergency means of ingress and egress to a mobile home park, not used for general access, may be permitted to other than a major thoroughfare.

(3)

Mobile home parks shall not be permitted on parcels of less than 20 acres in area.

(4)

Mobile home parks shall provide land for open space use by residents of the park. These areas shall be so located and arranged that they functionally serve the residents to be served and meet or exceed mobile home commission rules, as adopted.

(5)

The outside storage of household effects, other than normal patio furniture, etc., is prohibited. The storage of recreational vehicles, e.g., boats, campers, trailers, motor homes, snowmobiles on mobile home sites and/or required, parking spaced for longer than 48 hours is prohibited.

(6)

The mobile home park developer is encouraged to provide trees and other landscape improvements on the individual mobile home sites and in the open space areas which will create an aesthetically pleasing and functional environment.

(7)

The proposed site plan for the mobile home park shall be submitted to the planning board for their review and approval prior to any consideration. The suggestion of any changes or modifications shall be based on such reasonable requirements as are applied to the review and approval of all other uses in the city. Any items determined to be undesirable or inadequate shall be made known to the applicant and a copy of such objections shall immediately be forwarded to the state mobile home commission for their consideration in reviewing the proposed mobile home park plans.

(F)

Mobile home subdivisions.

(1)

The requirements for mobile home subdivisions, in addition to the requirements contained in the Land Division Act (MCL 560.101) are:

(a)

Minimum lot size: single-wide area, 5,000 square feet; width, 50 feet; doublewide area, 7,200 square feet; width, 60 feet.

(b)

Maximum building height: 25 feet.

(c)

Minimum yard setback: front, 25 feet; side, ten feet; rear, 25 feet.

(d)

Maximum lot coverage by all buildings: 30 percent.

(e)

In a mobile home subdivision, a corner lot which abuts upon a street on the same side of which other residential lots front in the same block, any building shall have a minimum side setback equal to the front setback of the district in which it is located.

(G)

Mixed-use development.

(1)

No dwelling unit shall occupy any portion of the building at ground level or below ground level. Businesses may occupy any number of total floors.

(2)

Such dwellings shall meet all applicable codes and ordinance of the city, county, or state.

(3)

In the B-C district, if a proposed development meets the residential goals and objectives of the city's master plan, the planning commission shall have discretion in allowing an increase in the maximum height, not to exceed five stories.

(4)

Floorplans and elevations drawn to scale of all floors to be utilized for dwelling purposes shall be submitted to the building and zoning department.

(5)

In those instances where residential uses are proposed to occupy the same floor as a business use the planning board shall review such mixed use and may approve such mixed use based on findings that compatibility of the business with residential occupancy will occur. Such findings may include but are not limited to:

a)

Compatible hours of operation.

b)

Noise of operation or occupancy that would be detrimental to the business operation or vice-versa.

c)

Excessive foot traffic.

d)

Structural control measures implemented by the development, including but not separation distance between uses, sound proofing, odor control, etc.

(6)

Off-street parking shall be provided in accord with article IX of this zoning ordinance and shall be provided in designated off-street parking areas within 1,000 feet of the dwelling unit they are to serve.

(H)

Conversion of a dwelling unit for up to four units. Conversion may be permitted provided the following conditions are maintained:

(1)

The existing floor area of the building shall not be increased by more than 10 percent.

(2)

Outside storage shall be limited by the restrictions set forth in section 1.1115.

(3)

Two paved parking spaces for each dwelling unit shall be provided.

(4)

All exposed mechanical and electrical equipment which services the dwelling shall be screened from view and free from casual entry by nonresidents.

(5)

A minimum lot area of 2,000 square feet for each dwelling unit shall be maintained.

(6)

The minimum floor area for each dwelling unit shall be 600 square feet.

(7)

All refuse containers shall be stored in an area located on a paved surface and shall be screened with solid fencing on all unenclosed sides all of which shall approximate the size of the containers.

(I)

Rooming, boarding, and motel accommodations. Rooming houses, boarding houses, and motels for transient guests may be permitted on any lot in any R-4 Apartment district facing upon a marked state or federal highway, provided that the total lot coverage shall not exceed 75 percent.

(J)

Bed and breakfast operation. [Bed and breakfast operation] may be permitted subject to the following provisions and conditions:

(1)

Such dwelling shall meet all applicable codes and ordinances of the city, county, and state.

(2)

Floorplans drawn to scale of all floors to be utilized for bed and breakfast activities shall be submitted.

(3)

Dwellings shall be suitable in character for the use proposed and shall not cause a change in character of the neighborhood.

(4)

The dwelling shall be the permanent residence of the bed and breakfast operator.

(5)

Each leasable sleeping room shall have a separate operating smoke detector alarm.

(6)

Lavatory and bathing facilities shall be available to all persons using any leasable sleeping room.

(7)

There shall not be separate cooking facilities provided for the bed and breakfast occupants.

(8)

A guest registry indicating name, address, phone number and vehicle license number shall be available to the city for inspection upon request.

(9)

A unlighted sign not exceeding six square feet in area per sign face may be provided. Such sign may be provided as a ground sign or wall sign.

(10)

Off-street parking shall be provided based upon the following: one space for each rental room, one space for the owner/operator of the facility, and one space for each employee. It is the city's intent to not encourage yards to be destroyed, landscaping removed, or the integrity of the neighborhood altered in order to provide parking. In those instances where parking requirements cannot be met, the applicant may request special consideration from the planning board. In such a case the applicant shall submit an analysis of parking required and parking provided within a 300-foot radius of the subject parcel. After analyzing this data, the planning board may lower the number of required parking spaces based on the fact that sufficient off-street parking exists in the neighborhood.

(11)

Such bed and breakfast dwelling shall not be located within 300 feet as measured from the nearest property lines, of another such facility.

(12)

The operations of the dwelling unit shall not be permitted to endanger, offend, or other-wise interfere with the safety or rights of others so as to constitute a public nuisance.

(K)

Functional equivalent family—Additional persons. The limit upon the number of persons who may reside as functional equivalent of the domestic family may be increased or enlarged upon a demonstration by the applicant of all of the following:

(1)

There are adequate provisions on the subject property for off-street parking for each adult proposed to reside on the premises, and adequate storage for each person proposed to reside on premises;

(2)

The extent of increase or enlargement of the limit upon the number of persons shall not, when considered cumulatively with existing and reasonably projected population concentration in the area, place an unreasonable burden upon public services, facilities and/or schools;

(3)

There shall be a minimum of 125 square feet of usable floor space per person on the premises;

(4)

If the planning board grants an application under this provision, the determination shall include the specific maximum number of persons authorized to reside on the property, and any minimum parking or storage requirements to be maintained.

(L)

Reasonable accommodation use. This section is intended to authorize the grant of relief from the strict terms of the [zoning] ordinance in order to provide equal housing opportunities particularly suited to the needs of persons entitled to reasonable accommodation under law and to encourage innovation in land use and variety in design and layout. In the event state or federal law, e.g., The Federal Fair Housing Amendments Act of 1988, requires the city to make "reasonable accommodation" for a particular proposed user of property, the following shall apply:

(1)

As a condition to approval of a special accommodation use, the applicant must comply with all of the terms of this section, and must demonstrate all of the following:

(a)

The ultimate residential user or users of the property shall be persons for whom state or federal law mandates the city to make reasonable accommodations in connection with proposed uses of land.

(b)

Taking into consideration the needs, facts, and circumstances which exist throughout the community, and within the population to be served by the use, including financial and other conditions, making the proposed reasonable accommodation shall be necessary to afford such persons equal opportunity to the proposed use and enjoyment within the community.

(c)

Approval of the proposed housing shall not require or will likely result in a fundamental alteration in the nature of the land use district and neighborhood in which the property is situated, considering cumulative impact of one or more other uses and activities in, or likely to be in the area, and shall not impose undue financial and administrative burden. The interests of the community shall be balanced against the need for accommodation on a case-by-case basis.

(d)

No other specific ordinance provision exists and is available to provide the relief sought.

(2)

The application for a special accommodation use shall include the following:

(a)

A plan drawn to scale showing the proposed use and development.

(b)

A separate document providing a summary of the basis on which the applicant asserts entitlement to approval of a special accommodation use, covering each of the requirements of paragraphs 1(a) through 1(d) [subsections (L)(1)(a) through (L)(1)(d)], above.

(c)

The information required for site plan review, provided, upon a showing by the applicant that the inclusion of specified information generally required for site plan review would be irrelevant, the city may waive the requirement to include such material in the application.

(d)

All regulations and standards for buildings, structures and site improvements within the district in which the property is situated shall apply.

(M)

Child care or day care center.

(1)

[A child care or day care center] may be permitted as the principal use of a property or may be permitted as an accessory use to an approved use, such as a church, school, office or other place of employment upon review and approval as a special use.

(2)

A valid registration or license as required by the state shall continually be on file with the city.

(3)

The facility shall be brought into compliance with all building codes.

(4)

One parking space per care giver and/or employee plus drop off space off the street right-of-way for delivery and pick-up of children shall be provided.

(5)

The site shall comply with the sign provisions of article X [of this zoning ordinance].

(6)

The building shall have an appearance which is non-intrusive and consistent in color materials, roofline and architecture with the district in which it is located, as determined by the planning board.

(7)

The lot shall be at least 800 feet from another child care center or day care center.

(N)

Farming or horticulture. [Farming or horticulture] may be permitted subject to the provisions of this [zoning] ordinance and the following conditions:

(1)

Field crop farming and horticulture shall be done on parcels of five acres or more.

(2)

The raising of livestock shall be a minor part of a farming operation.

(O)

Riding or boarding stables. [Riding or boarding stables] may be permitted subject to the provisions of this [zoning] ordinance and the following conditions.

(1)

A land parcel of not less than ten acres shall be provided.

(2)

Stables shall be located no nearer than 100 feet to any dwelling on an abutting property.

(3)

Shelter shall be available for all horses boarded.

(4)

Animal refuse shall be disposed of at regular intervals and shall be kept in such a manner as to minimize odor and insect nuisance to neighboring properties.

(P)

Animal hospitals. [Animal hospitals] may be permitted subject to the provisions of this [zoning] ordinance and the following conditions:

(1)

A land parcel of not less than five acres shall be provided.

(2)

All on site animal treatment and all kennels shall be within enclosed buildings.

(3)

No outdoor animal runs shall be permitted.

(Q)

Mortuary and office buildings. Mortuary establishments and their customary accessory buildings; offices for realty, professional, insurance, or similar occupations customarily carried on in an office; beauty salons; and barber shops are permitted as a special land use on any lot located upon a major street as designated on the master plan of the city if located in an R-4 apartment district within 700 feet of the B-C central business district. However, the use shall not involve the sale or repair of products or equipment upon the premises.

(R)

Sidewalk cafes. Sidewalk cafes occupying public sidewalks or a public space may be permitted subject to the following:

(1)

A site drawing showing the detailed plan of the outdoor cafe must be submitted to and approved by the planning board.

(2)

Plans for setting up the sidewalk cafe must be approved by the city engineer to provide for the free passage of pedestrians along the sidewalks and by the police department to provide for traffic and pedestrian safety.

(3)

The sidewalk cafe must be part of a licensed restaurant and meet all the requirement of the department of health.

(4)

Liability insurance and property damage coverage naming the City of Sturgis as an insured party, in an amount approved by the city, must be provided before an outdoor cafe may be set up on any public space.

(5)

Approval of the city commission is required for the use of any public area or facility.

(S)

Murals. [Murals] may be permitted as a special land use provided the following conditions are met:

(1)

The mural shall not contain advertising to promote the interest of any person, business, or product.

(2)

The mural shall provide historic or civic interest.

(3)

No mechanical animation or intermittent lighting shall be allowed as a part of any mural such as to distract drivers on public streets.

(4)

Provision for the maintenance of any mural shall be required.

(5)

A time period for removal of any mural may be specified should maintenance of such mural not be carried out.

(T)

Outdoor sales area. The temporary outdoor sale and display of merchandise may be permitted as an accessory use for any retail business whose principal activity is the sale of merchandise within an enclosed building, subject to the following requirements:

(1)

Any materials displayed outside of an enclosed building shall not extend into or occupy any required parking or maneuvering areas for vehicles.

(2)

Display of materials on sidewalks shall not obstruct the free passage of pedestrians and shall provide not less than six feet of clear sidewalk passage area.

(3)

Lighting of outdoor display areas shall be shielded so as to deflect light away from any residential use or district. Such lighting shall also be deflected away from any adjacent street so as not to interfere with traffic.

(U)

Service stations and vehicle repair shops. Service stations and vehicle repair shops may be permitted in accord with the following requirements:

(1)

The lot is at least 100 feet in width and depth.

(2)

All aboveground or underground structures other than permitted signs or drives are at least 20 feet from any lot line, and at least 25 feet from any residential zone line.

(3)

The area for outdoor parking servicing or storage of vehicles is paved and conforms to sections 1.0904 and 1.0905.

(4)

Driveways shall be at least 24 feet from any intersecting street rights-of-way or residential zone lines.

(5)

All proposed structures shall be located at least 300 feet from any property which is used as a public or private school, a church, hospital, theater, playground, fire station, place of public congregation.

(6)

A paved or enclosed area for the storage of inoperable or damaged vehicles awaiting repair is provided which is screened from any public street or residential zone.

(7)

A six-foot completely obscuring wall shall be provided abutting a residential district.

(8)

Under canopy lighting shall have fixture mounted flush with the surface of the underside of the canopy and shall not be of such intensity as to be distractive to traffic on abutting streets.

(V)

Vehicle sales area. Vehicle sales areas may be permitted subject the following:

(1)

No vehicle sales area shall be accessory to a service station.

(2)

The plot plan for proposed vehicle sales area shall show the following requirements:

(a)

The provisions of divisions [subsections] (U)(1) through (U)(5) [of this section] above must be complied with, provided that no vehicles or equipment shall be located closer than ten feet to any side or rear property line nor closer than 25 feet to any front street right-of-way.

(b)

No major repair work or refinishing shall be done on the lot.

(c)

Display lighting shall be screened from any public street or residential zone.

(d)

A six-foot completely obscuring wall shall be provided abutting a residential district.

(W)

Automobile carwash. An automobile carwash may be permitted subject to the following:

(1)

All buildings shall have a front yard setback of not less than 50 feet.

(2)

All washing facilities shall be within a completely enclosed building.

(3)

Vacuuming and drying areas may be located outside the building and shall not be closer than 25 feet from any residential district.

(4)

All cars required to wait for access to the facilities shall be provided space off the street right-of-way and parking shall be provided in accordance with article IX [of this zoning ordinance].

(5)

Ingress and egress points shall be located at least 24 feet from the intersection of any two streets.

(6)

All off-street parking and waiting areas shall be paved.

(7)

All lighting shall be shielded and directed away from adjacent residential districts.

(8)

A six-foot completely obscuring wall shall be provided where abutting a residential district.

(X)

Ministorage. [Ministorage] may be permitted provided the conditions below are met:

(1)

No parking shall be allowed within 15 feet of a residence, or residential district.

(2)

The site shall be screened from a residential district or residence.

(3)

No exterior lighting shall shine or illuminate beyond the property line onto adjacent property.

(4)

All refuse containers shall be screened on all sides and located on a concrete pad.

(5)

No outdoor storage of any kind shall occur in the parking or site area.

(6)

No toxic, hazardous, flammable, explosive materials shall be stored or allowed on-site.

(7)

Security entry shall be required, restricting access to operators and users of the facility.

(Y)

Pet shop and sales. Pet shops and sales may be permitted subject to the following:

(1)

All pets shall be located and cared for in a totally enclosed building:

(2)

No continuous noise level higher than 45 decibels shall be allowed that is discernable outside the building.

(Z)

Small engine repair. Small engine repair such as lawn mower repair and servicing may be permitted subject to the following:

(1)

Outdoor storage of parts or materials shall be prohibited unless such storage is within a fenced and obscured area which meets all setback requirements.

(2)

Areas for off-street parking required for customer use shall not be utilized for the storage of equipment awaiting repair.

(3)

All vehicle servicing or repair shall be conducted within a building.

(4)

Suitable containers shall be provided and utilized for the disposal of used parts and such containers shall be screened from public view.

(5)

A six-foot completely obscuring wall shall be provided abutting any residential district.

(AA)

Storage of waste disposal vehicles and operations. Storage of waste disposal vehicles and operations may be permitted subject to the following:

(1)

No outdoor storage of waste hauling vehicles or equipment is permitted.

(2)

All vehicles and equipment shall be regularly washed and maintained.

(BB)

Salvage yards. Salvage yards may be permitted as a special land use providing that the following requirements are complied with:

(1)

Plans and specifications shall be submitted to the planning board and shall include the following:

(a)

Specific locations of the facility shown on a vicinity map.

(b)

Location of public roadways, habitable structures, and places of public use on the site and other properties influenced by the project.

(c)

Legal description and site boundaries.

(d)

Means of limiting access including fencing, gates, natural barriers, or other methods.

(e)

Details of the method of treating or disposing of liquid waste resulting from operation of the facility as it relates to the city's waste water treatment facility.

(f)

The location of all structures and equipment.

(g)

A detailed description and statement of appurtenances and procedures intended to handle heavy or bulky items, store refuse beyond the end of the working day, and control dust, odors, and fire as they comply with state and federal regulations.

(h)

The location of existing proposed utilities available to the site.

(i)

The method of final reduction, such as compacting, grinding, shredding, compression, or tamping equipment.

(j)

Daily clean-up procedures.

(k)

Other details necessary as required by the planning board.

(2)

A facility shall be located not less than 500 feet from the nearest residential zone and must be screened by a fence of not less than eight feet in height and not less than 90 percent solid. It must also be screened by fences from streets, roads, or highways open to public vehicle travel.

(3)

The site must be located on major arterial roads and not on residential- or collector-type roads. Roadways on the property shall be all-weather roads and shall maintain a condition to prevent a dust nuisance.

(4)

Dust and odor resulting from unloading and operation of the facility shall be reasonably controlled at all times. Operation of the. facility shall be carried on in a manner to prevent noise and vibration, or a nuisance to an adjoining property.

(5)

Highly flammable or explosive materials shall not be accepted unless approved by the fire department.

(6)

The salvage yard site shall not be less than five acres in size.

(7)

Open burning shall not be carried on in a salvage area facility.

(8)

The salvage yard area shall be maintained in a sanitary manner at all times so as not to create general unsightliness or health and safety hazards.

(9)

Necessary operations of the salvage yard shall be carried out promptly in a systematic manner so that conditions are unfavorable for harborage and production of insects and rodents.

(10)

Adequate provisions shall be made for routine operational maintenance of the facility and all appurtenances.

(CC)

Adult entertainment facilities. [Adult entertainment facilities] may be permitted provided the conditions below are met:

(1)

No adult entertainment facility shall be permitted wit1iin 1,000 feet of a church or a public or private school property.

(2)

No adult entertainment facility shall be permitted within 1,000 feet of a residence or a district zoned for residential use.

The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property line upon which the proposed use is to be located, and the zoning district boundary, property or residence from which the proposed land use is to be separated.

(DD)

Nonresidential parking in a residential district. Nonresidential parking areas may be permitted providing that the following provisions and conditions are met.

(1)

Nonresidential parking in a residential district shall be limited to lots one of whose side lot lines is immediately adjacent to a B business or M manufacturing zone, with no less than 100 percent common side lot lines to the lot on which the building intended to be served is located. In no case shall the parking for a nonresidential use be located beyond the first such adjacent lot or the first 150 feet of the adjacent lot, whichever is lesser.

(2)

All entrance and exit drives shall be a distance of at least 20 feet from any adjoining property line in a residential district.

(3)

All Parking areas shall be screened on all sides abutting either a residential district, a street, or an existing residence, with an ornamental fence, compact hedge, or wooden screen fence, not less than six feet in height, of the type which will obscure vision at all seasons from adjoining premises and the street. No such parking areas shall be located in any required front yard or side yard setback areas in accordance with those provisions of the residential district in which they are located.

(4)

No commercial repair work, commercial servicing or selling of any kind shall be conducted on the parking areas in residential districts.

(5)

No sign of any kind other than those indicating entrances and exits and the condition of use of the parking area shall be erected upon the parking area parcel or adjoining residential parcels.

(6)

All parking areas shall provide parking spaces a minimum of nine feet by 18 feet with an access drive behind the parking space 24 feet in width.

(7)

No outdoor storage of any kind shall occur in the parking area, including abandoned vehicles, storage of materials or supplies. All parking areas must be free of litter, dust, papers, and other items which could blow onto adjacent properties. Operation of the parking area shall be carried on in a manner to prevent dust, odor, noise, vibration, and other nuisances to adjoining properties.

(8)

No loud noises shall be allowed in the parking area, above 45 decibels after 10:00 p.m. or before 8:00 a.m., or above 70 decibels during the hours of 8:00 a.m. to 10:00 p.m. No continual noise shall be permitted in the parking area.

(9)

Flammable or explosive materials shall not be permitted in the parking area.

(10)

In no instance shall vehicular parking be allowed within 15 feet of adjoining residential districts, residences, or residentially zoned properties.

(11)

All parking areas created under this section shall be constructed in compliance with sections 1.0904 and 1.0905.

(12)

No exterior lighting shall shine or illuminate beyond the property line of the parking areas, onto adjacent residential property.

(13)

In addition to the above requirements of this section, other requirements may be deemed necessary or desirable by the planning board for the protection of the adjoining residences in a residential district, in which such parking areas may be located. These requirements shall be presented by resolution of the planning board after a duly held public hearing.

(14)

Notwithstanding the foregoing, the planning board has the fight to deny a special land use because of the adverse impact which the development would have on adjacent residential areas. [The term] "adverse impact," as used in the section, includes but is not limited to such possible or potential problems such as:

(a)

Increased traffic.

(b)

Interruption of residential continuity.

(c)

Decreased safety and welfare within the given area.

(EE)

Office buildings. Office buildings may be permitted subject to the following:

(1)

Locations for office buildings shall be limited to sites abutting a primary or secondary artery as designated on the City of Sturgis Master Plan of Thoroughfares.

(2)

Lot yard, height and area requirements of the R-4 districts shall apply.

(3)

Off-street parking for office uses as provided for in article IX [of this zoning ordinance] shall apply.

(FF)

Billboards. Billboards may be permitted subject to the following:

(1)

No person shall erect or cause to be erected within the city limits of Sturgis any billboard, or other like structure or any fence to be used for the posting of bills or signs thereon, until the person so doing shall have secured a permit from the City of Sturgis.

(2)

An application in writing accompanied by plan and specifications of the structure drawn to scale shall be submitted. The applicant shall address all items in this [sub]section (FF).

(3)

The billboard cannot be so located, constructed as, or contain advertising messages, which divert the attention of drivers from the roadway.

(4)

Billboards cannot exceed 300 square feet in area per side from edge of billboard construction.

(5)

Billboards cannot be installed within 300 linear feet of a residence, or 750 linear feet of historic sites, parks, schools, churches, hospitals, cemeteries or government buildings.

(6)

Billboards shall not be constructed or installed within 1,500 linear feet of another billboard, on either side of a roadway and/or intersecting streets.

(7)

Billboards shall not be installed on roofs or sides of other structures and buildings.

(8)

Billboards shall be a minimum distance of 200 linear feet from the road fight-of-way and limited in height to 25 feet.

(9)

Billboards shall not be illuminated if they are within sight/view of a residence.

(GG)

Group dwellings. Group dwellings may be permitted subject to the following:

(1)

Existing buildings and new buildings constructed to be utilized as group dwellings shall be of a design compatible with existing residential dwellings on adjacent properties and in the immediate neighborhood.

(2)

Off-street parking for all supervisory personnel shall be provided and off-street parking for dwelling occupants shall be provided at not less than five-tenths parking spaces per resident.

(3)

All regulations and standards for buildings, structures and site improvements within the district in which the property is situated shall apply.

(HH)

Social clubs. Social clubs may be permitted subject to the following:

(1)

Social clubs shall not be permitted in any planned industrial parks.

(2)

Social clubs shall be located only on primary or secondary arteries.

(3)

Off-street parking shall be provided in accord with section 1.0902(B)(g).

(4)

Outdoor activity areas shall be screened with planting and/or shall be so located as not to impact on abutting properties.

(5)

The schedule of regulations (section 1.0502) shall apply for the district in which such social club is located.

(II)

Mineral extraction operations. Mineral extraction operations shall be subject to the following requirements in addition to those of the district in which the use is located, as well as all other applicable conditions, standards and regulations regarding site design and development:

(1)

Special land use approval. No mineral shall be removed from any land within the city without special land use approval, except for in the following circumstances:

(a)

When the earth removal is incidental to an operation for which a building permit has been issued by the city;

(b)

When the earth removal involves any normal landscaping, driveway installation and repairs, or other minor projects;

(c)

The earth removal involves less than 100 cubic yards;

(d)

The earth removal will not be in violation of any other section of this ordinance, other city ordinances, the Soil Erosion and Sedimentation Control Act of 1972, or any other applicable state or federal law.

(2)

Review and approval criteria. Planning board review and approval of a special land use request for a mineral extraction operation shall be in accordance with all applicable provisions of this ordinance; and shall also be based on consideration of the following factors:

(a)

Review and approval criteria:

(1)

Confirmed presence of large volumes of high-quality, mineral resource deposits that will sustain an operation over a specified period of time. If deemed necessary by the planning board, the presence of such resource deposits shall be confirmed by the appropriate governmental agency having regulatory authority over any respective mineral industry (e.g. the department of natural resources);

(2)

The most practical use of the land, resources and property;

(3)

The protection and preservation of the general health, safety and welfare of the city;

(4)

Adequacy of state and local transportation systems, and private access and haul road(s), to accommodate heavy equipment and truck traffic;

(5)

Compatibility with existing or planned land use patterns in the area;

(6)

Presence of fish and habitat and/or threatened and endangered species;

(7)

Impacts to air and water quality and the natural environment, including critical areas (i.e. sensitive environmental lands);

(8)

Proximity to major transportation corridors and market areas;

(9)

Existence of the operations prior to the adoption of the provisions of this ordinance and the extent and character of such previous operations; and

(10)

The mineral excavation operation will not result in very serious consequences to surrounding properties for the community in general.

(b)

Conditions of approval: In making any decision, the planning board reserves the right to impose such additional conditions and safeguards as it deems necessary to limit the length of time the special land use is to be effective and may provide for a periodic review of the proposed operations to determine compliance with the conditions and limitations imposed upon the same. The planning board may renew or extend a special land use approval where all standards and conditions are complied with and may revoke or refuse to renew the same where non-compliance exists, in accordance with this ordinance. No revocation or failure to renew or extend a permit shall release the applicant from the duty of rehabilitation and reclamation of a mined or disturbed area.

(3)

Site plan approval. Site plan approval is required with the special land use approval in accordance with article XII. Mining site/operations shall be conducted in accordance with an approved site plan and conditions of permit approval. In addition to required application items listed in section 1.1204, the site plan shall indicate the location of all mining activities, including excavation, processing, stockpiling, batching, product manufacture and sales areas, equipment maintenance and storage areas, truck routes and haul roads, as well as any excluded areas resulting from setbacks and other requirements of local, state and/or federal law. The application must also specify the duration of the mineral extraction operation.

(4)

Necessary studies. The planning board may require an environmental impact statement, engineering data, traffic impact study or other such documentation supporting the need for and/or identifying the consequences of such extraction operations.

(5)

Use establishment. All uses shall be established and maintained in accordance with all applicable state statutes. If any of the requirements of this subsection are less restrictive than applicable state statutes, the state requirements shall prevail.

(6)

Location. No machinery shall be erected or maintained within 150 feet of any property or street line. No cut or excavation shall be made closer than 50 feet to any street right-of-way line or property line in order to ensure sublateral support to surrounding property. The setback area shall not be used in conjunction with mineral extraction, except for access, berms, fencing, landscaping and/or signs. All excavation operations, processing plants and accessory structures shall be set back a minimum 250 feet from the banks of any lake, stream or other watercourse. The planning board may require greater distances for the location of machinery, storage or parking of equipment, or limits of excavation where the site is located in or within 200 feet of any residential or commercial use or district.

(7)

Safety. Safety measures shall be implemented in accordance with state and federal requirements to protect the public from harm during utility construction, improvements, location or relocation.

(8)

Screening. As determined by the planning board, all operations visible from any roadway or developed adjacent land use shall be screened by an evergreen planting established at least six feet in height, obscured decorative fencing at least six feet in height, or landscaped berm of at least six feet in height with decorative landscaping placed along the top of the berm at a level determined by the zoning administrator. If determined appropriate by the planning board, a combination of the above screening methods may be used.

(9)

Fencing. All areas of the operation shall be secured with fencing adequate to prevent trespass at a minimum height of six feet. Any excavation operation which results in, or produces for a period of at least one month during the year, collections of water or severe slopes, as described below, shall be subject to the following safety requirements:

(a)

Where an excavation leaves standing water with a depth of greater than one foot for any period of at least one month, and occupying an area of 200 square feet or more, the applicant shall erect a fence completely surrounding the portion of the site where the body of water extends, and shall be placed no closer than 50 feet to the top or bottom of any slope. The fence shall not be less than six feet in height complete with gates, which gates shall be kept locked when operations are not being conducted.

(b)

Where slopes 3-1 horizontal to vertical or steeper exist for a period of one month or more, access to such slopes shall be barred by a fence at least six feet high and at least 50 feet outside the edge of the excavation, with suitable gates controlling access to the excavation area.

(10)

Operational buildings. No building shall be erected or placed on the premises except as may otherwise be permitted in the zoning ordinance or except as temporary shelter for machinery or for a field office, subject to approval by the planning board. All such buildings must be shown on the approved site plan.

(11)

Access routes. The planning board shall determine routes for truck movement to and from the site in order to minimize the wear on public streets and to prevent hazards and damage to properties in the community. Access roads within the area of operation shall be provided with a dustless surface and the entry road shall be hard surfaced for a distance established by the planning board to minimize dust, mud, and debris being carried onto the public street. There shall not be more than one entranceway from a public road for each 660 feet of front lot line. Each entranceway shall be located not less than 500 feet from an intersection of two or more public roads.

(12)

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

(13)

Nuisance. Proper measures, as determined by the zoning administrator shall be taken to minimize the nuisance of noise and flying dust or rock. Such measures may include, when considered necessary, limitations upon the practice of stockpiling excavated material upon the site. Stockpiles of mineral resource extractions shall not exceed 100 feet in height as measured from ground level before excavation, and shall be setback from all parcel boundary lines the greater of 150 feet or twice the height of the stockpile. The setback distance shall be measured from the edge of the stockpile.

Equipment shall be installed, used and maintained so that noise and vibration emitted from the site do not exceed the level reasonably necessary for the operation of the equipment. Noise from the site shall conform with the standards listed in section 1.0409(D)(2)(e).

(14)

Environmental protection. All fuels, chemicals and other hazardous materials to be contained on site shall be noted in the application, including material, quality, use, and method or primary and secondary containment. All containment structures or devices shall be designed and operated to prevent groundwater pollution. The applicant shall provide a written spill response plan, in the event that a hazardous materials spill occurs on site. The spill response plan shall indicate how any and all contaminated material will be collected and properly disposed. Mineral resource extraction operations shall not:

(a)

Create erosion problems or alter the groundwater table of the area;

(b)

Cause the creation of sand blows, stagnant water pools, or stagnant swampy areas; or

(c)

Cause a permanent adverse affect to the environment, natural topography, or any natural resource, other than the earth materials involved.

(15)

Operation. All uses shall be conducted according to the following operational timelines:

(a)

Mineral resource extraction operations shall not operate prior to 7:00 a.m. or after 7:00 p.m., Monday through Friday. Saturday operations shall not operate prior to 8:00 a.m. or after 3:00 p.m. Operations shall not operate any time on Sundays or holidays as observed by the city. The planning board may further limit the days and hours of operation pursuant to article VI, section 1.0602;

(b)

Inactivity of mineral resource extraction operations for a 12-month consecutive period shall constitute termination of such activities.

(16)

Rehabilitation plan. A rehabilitation plan toward reclamation of a mining area is also required and shall be submitted in conjunction with the site plan review. Such plan shall include:

(a)

A statement of planned rehabilitation, including methods of accomplishment, phasing and timing. The plan must comply with the following:

(1)

Ensure final contours of the reclaimed property are consistent with the natural contours of adjacent lands. All portions of the site shall be graded so that no gradients in disturbed earth shall be steeper than a slope of 6:1 (horizontal-vertical);

(2)

Remove all debris, temporary structures and stockpiles;

(3)

A layer of arable topsoil, of a quality approved by the zoning administrator, shall be spread over the excavated area, except exposed rock surfaces or areas lying below natural water level, to a minimum depth of four inches in accordance with an approved reclamation plan. The area shall be seeded with a suitable native ground cover sufficient to control erosion and maintained until the area is stabilized for a specific reclaimed use and approved by the planning board;

(4)

Water accumulating upon the site may be retained after the completion of such operation when, due to the excavation, such water cannot reasonably be drained by gravity flow; provided, that provisions shall be made to avoid stagnation (with the exception of man-made lakes), pollution and improperly controlled releases of such water that may endanger the public. Where excavation operation results in a body of water, the owner or operator shall place appropriate "Keep Out Danger" signs around said premises not more than 150 feet apart;

(5)

Perform final restoration to conform to zoning regulations in effect at the time of implementation; and

(6)

Identify the possible or potential end use of the rehabilitated area.

(b)

A phasing plan, if the excavation of the site is to be accomplished in phases. This plan shall indicate the area and extent of each phase and the approximate timing of each phase.

(c)

Reclamation timing must comply with the following:

(1)

Rehabilitation of mined areas shall be accomplished as soon as practicable following the mining or excavation of an area. Rehabilitation and reclamation shall be commenced immediately upon the termination of the mining or excavation operations in any area consisting of one acre or more. Substantial completion of reclamation and rehabilitation, including grading, debris removal and revegetation, shall be achieved within one year of termination of mining or excavation activity.

(2)

Upon cessation of mining operations by abandonment or otherwise, the operating company, within a time not to exceed 12 months, shall remove all structures, foundations, buildings, stockpiles and equipment, provided that buildings and structures which have a function under the reclamation plan and which can be lawfully used under the requirements of the zoning district in which they will be located may be retained.

(3)

Restoration shall be completed within two years from the date of completion or abandonment of the subject site or portion of the site.

(17)

Explosives. The use of explosives shall be done in accordance with the "Regulations for Storage and Handling of Explosives," as published by the state police, fire marshall division, and local applicable ordinance requirements.

(18)

Performance bond. The planning board shall require a performance bond or other guarantee as deemed necessary to ensure that the requirements of this ordinance are fulfilled, and may revoke the special land use approval at any time if specified conditions are not met.

(19)

Liability insurance. All owners/operators of property involved in mineral resource extraction operations shall be required to carry personal injury and property damage insurance while any unreclaimed or unrehabilitated area exists, in the amount of not less than $1,000,000 per incident. Such insurance shall cover injury or damage occurring upon the site of the operations as well as upon properties adjoining thereto, as a result of conditions or activities existing upon the site. A copy of the policy shall be submitted annually with the city clerk.

(20)

Inspections. A mining permit will be issued upon approval of a special land use and renewed by the owner/operator on an annual basis. To insure compliance with the permit, the zoning administrator shall conduct periodic inspections and shall file a written annual report to the planning board.

(21)

Allowance for associated uses. Approval of mineral extraction activities as a special land use may include allowance for related types of uses, including but not limited to, concrete mixing and asphalt plants, situated and operated in conjunction with such activities, subject to compliance with all the preceding provisions. Such associated activities and uses are subject to separate special land use review and approval.

(JJ)

Medical marihuana manufacturing and distribution facilities for primary caregivers and qualifying patients. Medical marihuana manufacturing and distribution facilities for primary caregivers and qualifying patients as otherwise contemplated by the City of Sturgis Code of Ordinances may be permitted if the conditions set forth in subsection 38-91(d)(4) and (e)(7) are met.

(KK)

Professional offices. Professional offices may be permitted in the restricted zone subject to the following provisions and conditions:

(1)

The location at which the professional office is to be located has been unoccupied for a minimum of six months; and

(2)

The existence of one or both of the following conditions:

(a)

At the time of application a minimum of five percent of the front footage of all properties within the restricted zone are unoccupied properties; or

(b)

At the time of application the total front footage of all professional offices within the restricted zone is less than or equal to 35 percent of all front footage properties, including unoccupied properties.

(LL)

[Marquee signs]. Marquee signs may be permitted subject to the following requirements:

(1)

Marquee signs are permitted only for use on theaters as defined in section 1.0202 of this ordinance.

(2)

All marquee signs must be submitted to the design review committee regardless of what zone they are to be installed.

(3)

Proper scale and architectural compatibility will be crucial elements when marquee signs are reviewed by the planning commission.

(4)

Marquee signs are allowed to be internally lighted.

(MM)

Commercial medical marihuana facilities. Commercial marihuana facilities as otherwise contemplated by the City of Sturgis Code of Ordinances may be permitted if the conditions set forth in section 38-92 are met.

(NN)

Provisioning centers. Provisioning centers as otherwise contemplated by the City of Sturgis Code of Ordinances may be permitted if the conditions set forth in section 38-92 are met.

(OO)

Large solar energy systems. The following requirements shall apply to all large solar energy systems.

(1)

Purpose and intent. The purpose and intent of this section is to establish standards for the siting, installation, operation, repair, decommissioning and removal of large solar energy systems as a special land use.

(2)

[Preliminary site plan.] The following items must be shown on a preliminary site plan drawing for special land use approval:

(a)

All lot lines and dimensions, including a legal description of each lot or parcel comprising the large solar energy system.

(b)

Names of owners of each lot or parcel within the City of Sturgis that is proposed to be within the large solar energy system.

(c)

Vicinity map showing the location of all surrounding land uses.

(d)

Location and height of all proposed solar array(s), buildings, structures, electrical tie lines and transmission lines, security fencing, and all above-ground structures and utilities associated with a large solar energy system.

(e)

Horizontal and vertical (elevation) to scale drawings with dimensions that show the location of the proposed solar array(s), buildings, structures, electrical tie lines and transmission lines, security fencing and all above ground structures and utilities on the property.

(f)

Proposed setbacks from the solar array(s) to all existing and proposed structures within the large solar energy system.

(g)

A written description of the maintenance program to be used for the solar array and other components of the large solar energy system, including decommissioning and removal. The description shall include maintenance schedules, types of maintenance to be performed, and decommissioning and removal procedures and schedules if the large solar energy system is decommissioned.

(h)

Additional detail(s) and information as required by the special land use requirements of the zoning ordinance, or as required by the planning commission.

(3)

Final site plan requirements. All site plans submitted must be drawn to scale and dimensioned and certified by a registered engineer licensed in the State of Michigan. In addition to all items required in article XII, Site Plan and article XV section 1.1505 Groundwater Protection Section, the following must be provided for final site plan approval:

(a)

Access driveways within and to the large solar energy system, together with a detailed narrative regarding dimensions, composition, and maintenance of each proposed driveway.

(b)

Planned lightning protection measures.

(c)

Location of all existing and proposed overhead and underground electrical transmission or distribution lines within the large solar energy system and within 100 feet of all exterior property lines of the large solar energy system.

(d)

Land elevations for the solar array(s) location and the relationship to the land elevations of all existing and proposed structures within the large solar energy system at a minimum of five foot contours.

(e)

Screening and/or landscaping details.

(f)

Planned security measures to prevent unauthorized trespass and access during the construction, operation, removal, maintenance or repair of the large solar energy system.

(g)

All items submitted for preliminary special land use approval must be submitted in final detail. Any major change may result in a review of the special land use by the planning commission.

(4)

Compliance with the State Construction Code and the National Electric Safety Code. Construction of a large solar energy system shall comply with the National Electric Safety Code and the State Construction Code (as shown by approval by the city) as a condition of any special land use permit under this section. In the event of a conflict between the State Construction Code and National Electric Safety Code (NESC), the NESC shall prevail.

(5)

Certified solar array components. Components of a solar array shall be approved by the Institute of Electrical and Electronics Engineers ("IEEE"), Solar Rating and Certification Corporation ("SRCC"), Electronic Testing Laboratories ("ETL"), or other similar certification organization if the similar certification organization is approved by the city, which approval shall not be unreasonably withheld.

(6)

Height. Maximum height of a solar array, other collection device, components or buildings of the large solar energy system, excluding substation and electrical transmission equipment, shall not exceed 15 feet (as measured from the natural grade at the base of improvements) in height at any time or location on the property. Substation and electrical transmission equipment shall not exceed 100 feet in height or height restrictions if within the airport glide path area.

(7)

Lot size. A large solar energy system shall be located on one or more parcels with an aggregate area of ten acres or greater.

(8)

Setbacks. A setback of 100 feet shall be required where the large solar energy system is abutting to any residence or district zoned for residential use. Refer to section 1.0501 for all other front, side and rear yard setback requirements.

(9)

Lot coverage. A large solar energy system is exempt from maximum lot coverage limitations.

(10)

Driveways and parking areas. All driveways and parking areas within the front yard setback area shall be provided with a minimum four inch asphaltic or concrete surfacing. All other access drives shall be minimum gravel or stone materials.

(11)

Fencing. A large solar energy system shall be completely enclosed by perimeter fencing to restrict unauthorized access. The applicant will submit a fencing style type included in the site plan for approval by the city.

(a)

Fencing shall be no greater than six feet tall. An additional two feet of height can be added for security wire.

(b)

Electric fencing is not permitted.

(12)

Screening. The perimeter of large solar energy systems shall be screened and buffered when it is located within 100 feet of a residence or district zoned for residential use. Screening shall occur by installed evergreen or native vegetative plantings whenever existing natural vegetation does not otherwise reasonably obscure the large solar energy system, subject to the following requirements:

(a)

The large solar energy systems shall be exempt from the other landscape requirements of the zoning ordinance.

(b)

The evergreen or native vegetative buffer shall be composed of native or evergreen trees that at planting shall be a minimum of four feet in height and shrubs two feet in height. The evergreen trees shall be spaced no more than 15 feet apart on center (from the central trunk of one plant to the central trunk of the next plant), native trees shall be placed no more than 30 feet apart on center and shrubs shall be spaced no more than seven feet apart on center. All unhealthy 60 percent dead or greater) and dead material shall be replaced by the applicant within one year, or the next appropriate planting period, whichever occurs first.

(c)

To the extent practicable, all plant materials shall be installed between March 15 and November 15. If the applicant requests a final certificate of occupancy from the city and the applicant is unable to install required landscaping because of the weather, the city may issue a temporary certificate of occupancy for no longer than six months duration. A temporary certificate of occupancy may only be issued if the applicant submits a financial guarantee (an irrevocable letter of credit, surety, corporate guarantee or cash) for an amount equal to one and one-half times the cost of any approved planting and landscape work. Upon the applicant's completion of required landscaping work, the city shall return the financial guarantee, less any city costs incurred. If the applicant does not complete the required landscape work within six months of the city's issuance of the temporary certificate of occupancy, as approved by the city, the city has the right, upon 72 hours' notice to the applicant, to call the guarantee and arrange completion of the work, the cost of which shall be covered by the financial guarantee.

(d)

Failure to install or continuously maintain the required vegetative buffer shall constitute a violation of this section. Any violation of a special land use condition may result in the planning commission determining that the special land use has been violated and may result in the revocation of the permit, provided however that applicant shall have 90 days from notification by the planning commission to cure any violation.

(13)

Signage. A ground or wall sign that is accessory to the business conducted on the property is permitted. The sign shall not exceed 32 square feet in area and six feet in height. No advertising or non-project related graphics shall be on any part of the solar arrays or other components of the large solar energy system. Directional signage will be permitted as per section 1.1001(J). This exclusion does not apply to entrance gate signage or notifications containing points of contact or any and all other information that may be required by authorities having jurisdiction for electrical operations and the safety and welfare of the public.

(14)

Noise. The emission of measurable noises from the premises shall not exceed 70 decibels as measured at the property lines, between the hours of 7:00 a.m. to 10:00 p.m. The measurable noises shall not exceed 60 decibels as measured at the property lines between 10:00 p.m. and 7:00 a.m. Where normal street traffic noises exceed the established noise levels during such periods, the measurable noise emanating from the premises may equal, but not exceed traffic noises.

(15)

Lighting. All lighting for parking lots, driveways, external illumination of buildings, or the illumination of signs shall be directed away from and be shielded from adjacent properties and shall be so arranged as to not adversely affect driver visibility on adjacent public roads.

(16)

Distribution, transmission and interconnection. All collection lines and interconnections from the solar array(s) to any electrical substations shall be located and maintained underground inside the large solar energy system, except in areas where technical or physical constraints make it preferable to install equipment above ground. This requirement excludes transmission equipment meant to connect the project substation to the local transmission system.

(17)

Abandonment and decommissioning. Following the operational life of the project, the applicant shall perform decommissioning and removal of the large solar energy system and all its components. The applicant shall prepare a decommissioning plan and submit it to the planning commission for review and approval prior to issuance of the special land use permit. Under this plan, all structures, concrete, piping, facilities, and other project related materials above grade and any structures below-grade shall be removed offsite for disposal. Any solar array or combination of photovoltaic devices that is not operated for a continuous period of 12 months shall be considered abandoned and shall be removed under the decommissioning plan. The ground must be restored to its original topography within 365 days of abandonment or decommissioning.

(18)

General standards. The planning commission shall not approve any large solar energy system special land use permit unless it finds that all of the general standards for special land use of this section are met.

(19)

Approval time limit and extension. Special land use permits and site plan approvals or permits under this section shall be established within one year after the granting authorization for the use. The applicant may request a one year extension to establishing the special land use by applying in writing to the planning commission. The applicant shall appear before the planning commission to explain why such extension should be granted. Once construction of a project as per an approved site plan has been completed, the special land use shall have effect until the use is abandoned or per condition of the special land use permit, whichever is shorter.

(20)

Conditions and modifications. Any conditions and modifications approved by the planning commission shall be recorded in the planning commission's minutes. The planning commission may, in addition to other reasonable conditions, require landscaping, walls, fences and other improvements that are reasonable in relation to and consistent with the nature of the applicable or adjacent zoning districts.

(21)

Inspection. The city shall have the right at any reasonable time, and upon providing reasonable notice to the applicant (a minimum of 48 hours) to inspect the premises on which any large solar energy system is located. The city may hire one or more consultants to assist with inspections. Inspections must be coordinated with, and escorted by, the applicant's operations staff at the large solar energy facility to ensure compliance with the Occupational Safety and Health Administration (OSHA), NESC and all other applicable safely guidelines.

(22)

Maintenance and repair. Each large solar energy system must be kept and maintained in good repair and condition at all times. If the city zoning administrator determines that a large solar energy system fails to meet the requirements of this section and the special land use permit, or that it poses a safety hazard, the zoning administrator, or his or her designee, shall provide notice to the applicant of the safety hazard. Applicant shall keep a maintenance log on the solar array(s), which shall be available for the city's review within 48 hours of such request. Applicant shall keep all sites within the large solar energy system neat, clean and free of refuse, waste or unsightly, hazardous or unsanitary conditions.

(23)

Roads. Any material damages to a public road located within the city, township or county resulting from the construction, maintenance or operation of a large solar energy system shall be repaired at the applicant's expense. In addition, the applicant shall submit to the appropriate city or county agency a description of the routes to be used by construction and delivery vehicles; any road improvements that will be necessary to accommodate construction vehicles, equipment or other deliveries. The applicant shall abide by all city and county requirements regarding the use and/or repair of city and county roads and also specifically agrees to be bound by any city or county special assessment regarding road improvements.

(24)

Continuing security. If any large solar energy system is approved for construction under this section, applicant shall post decommissioning security prior to the start of construction in a mutually agreed upon form ("Option 1"). Alternatively, if applicant can demonstrate the presence of a long-term power purchase commitment from a credit-worthy entity, then the decommissioning security shall be posted prior to the date five years prior to the expiration of such power purchase commitment ("Option 2"). Prior to posting decommissioning security, the applicant shall solicit a decommissioning cost estimate from a third party engineering firm or contractor approved by the city. This cost estimate will be the basis for the amount of decommissioning security. The amount shall be reasonably sufficient to restore the property to its previous condition prior to construction and operation of the large solar energy system. Such financial security shall be kept in full force and effect during the required time, and such financial security shall be irrevocable and non-cancelable.

(a)

In the event applicant elects Option 2, applicant agrees to provide the following as additional decommissioning security:

i.

Mortgage. Applicant shall provide a mortgage to the city, on terms acceptable to the city, pledging the real estate upon which the large solar energy system is to be located securing applicant's obligations to the city to properly decommission the large solar energy system.

ii.

First right of refusal. Applicant shall provide a right of first refusal to the city, on terms acceptable to the city, to purchase, in the event the large solar energy system has been abandoned, the property upon which the large solar energy system has been constructed.

Other requirements. Each large solar energy system shall also comply with all applicable federal, state and county requirements, in addition to other applicable city ordinances. The applicant should contact the Michigan Department of Agriculture and Rural Development (MDARD) to verify the impact of a large solar energy system on a property's enrollment and/or participation in PA 116 (Farmland Preservation).

(PP)

Vacant commercial type buildings conditional use permit.

(1)

Eligible parcels. A new commercial use may only be permitted if all of the following conditions are met.

(a)

A commercial use must have been permitted in the building based on assessing records.

(b)

The structure has been vacant for six months or longer.

(2)

Use conditions.

(a)

The use must not be reasonably expected to negatively affect, or create any nuisance to, the surrounding neighbors.

(b)

Hours of operation should not intrude on the neighborhood in which they are located.

(3)

Requirements.

(a)

The applicant must meet with the zoning administrator to determine whether the parcel and the use qualify for a vacant commercial type buildings conditional use permit.

(b)

If the proposed use is determined to be a qualifying use, the applicant must provide all properties within 300 feet of the proposed property with a description of the intended use. The applicant must submit to the city the signatures of all owners along with an indication of whether each owner approves or disapproves of the proposed use. In cases where the applicant cannot reach an owner, an affidavit shall be submitted.

(c)

Parking and means of egress shall be indicated on a sketch plan for review by engineering, police, fire and community development departments.

(QQ)

Indoor vehicle sales area.

(1)

Two vehicles are allowed to be displayed on the outside of the building on an approved parking surface that meets the parking requirements in article IX-off street parking.

(2)

To calculate the number of vehicles allowed inside a building, a floor plan must be submitted showing the area inside of the building which will be used for vehicle display. For each vehicle, both of the following minimum area standards must be met:

(a)

25′ × 30′ floor area per vehicle.

(b)

Minimum of five feet clearance on all sides of the vehicle.

(3)

Required parking.

(a)

Two parking spaces shall be provided for staff.

(b)

One parking space shall be provided per two vehicles spaces permitted inside the building.

(4)

Building must meet all applicable building, electrical, mechanical, plumbing, fire prevention code and fire safety requirements.

(5)

Applicant must provide the city with state issued license.

(RR)

Marihuana establishments. Marihuana establishments as otherwise contemplated by the City of Sturgis Code of Ordinances may be permitted if the conditions set forth in section 38-93 are met.

(SS)

Marihuana retailers. Marihuana retailers as otherwise contemplated by the City of Sturgis Code of Ordinances may be permitted if the conditions set forth in section 38-93 are met.

(TT)

Stores for retail and retail services.

(1)

The retail use must be a minimum of 5,000 square feet.

(2)

The retail use must be co-located with another permitted or special land use on the site. This can be a portion of one building on the property or a separate building on the property.

(3)

The retail use shall only occupy a maximum of 30 percent of the total floor area of the building in which the use will be located if the uses are grouped in the same building, or 30 percent of the total floor area of all buildings on the property, if located in a separate building.

(4)

Off-street parking shall be provided in accord with article IX [of this zoning ordinance] and shall be provided in designated off-street parking areas within 300 feet of the portion of the building in which they serve.

(5)

The retail use shall comply with signage requirements for the B-H 2 zoning district as specified in 1.1008.

(Ord. of 2-23-2005; Ord. of 5-24-2010; Ord. of 5-22-2013; Ord. of 2-28-2018(1); Ord. of 9-12-2018(2); Ord. of 11-14-2018(2); Ord. of 5-8-2019(1) ; Ord. of 7-24-2019 ; Ord. of 8-14-2019(1) ; Ord. of 12-11-2019(2) ; Ord. of 12-9-2020(1) ; Ord. of 12-9-2020(3) ; Ord. of 5-9-2022 )