The intent of this article is to provide standards for conditional land uses, which are uses with specific conditions that if met, make the use permitted by right. These conditions are intended to minimize potential negative impacts to other surrounding land uses that could arise due to operations of the particular use. This article provides standards for the zoning administrator or planning commission, depending upon the site plan review requirements, to review and determine if the conditions have been met.

(Ord. No. 440, § 9, 6-10-19)

A.

Prior to approving a conditional land use, the zoning administrator shall require that the proposed use meets all requirements and standards. If all requirements and standards are met a conditional land use permit is granted.

B.

Properties for which application for conditional land use approval is made shall also be concurrent with, and subject to, site plan review in accordance with the requirements of Article 21, Site plan review. Failure to obtain site plan approval will constitute denial of the approved conditional land use.

(Ord. No. 440, § 9, 6-10-19)

A.

The requirements to permit the conditional use shall remain unchanged.

B.

The building official shall make periodic investigations of the conditional land use to ensure continued compliance with all requirements and standards imposed by this article. Noncompliance with the requirements for the conditional land use shall constitute grounds for the zoning administrator to terminate the approval.

(Ord. No. 440, § 9, 6-10-19)

A.

In cases where actual physical construction of a substantial nature of the structures authorized by a conditional land use and site plan approval has not commenced within 18 months, and a written application for extension of the approval has not been filed as provided below, the approval shall automatically become null and void and all rights thereunder shall terminate.

B.

Upon written application filed prior to the termination of the 18 month period, the zoning administrator may authorize a single extension of the time limit for a further period of not more than 18 months. Such extension shall only be granted based on evidence from the applicant that the development has a reasonable likelihood of commencing construction within the 18 month extension.

C.

The granting of a conditional land use shall allow that particular use to be conforming in the zoning district, if the standards of this article are maintained.

(Ord. No. 440, § 9, 6-10-19)

Conditional land uses, because of their unique character and potential impacts on adjacent properties and the city, require additional specific requirements. Such uses are listed below with specific standards and regulations that must be met. The following are conditional land uses with specific site and/or use standards which are described on the following pages:

A.

Land uses with conditional requirements.

1.

Accessory dwelling unit/granny flat (section 23.04.B)

2.

Auto washes, automatic or self-service (section 23.04.C)

3.

Automobile or vehicle dealerships (section 23.04.D)

4.

Bars, taverns, lounges, microbreweries (accessory), and brewpubs (section 23.04.E)

5.

Cemetery (section 23.04.F)

6.

Equine and stables (section 23.04.G)

7.

Expansion of apartment within an existing building (section 23.04.H)

8.

Funeral homes and mortuary establishments (section 23.04.I)

9.

Home occupation (section 23.04.J)

10.

Kennels (section 23.04.K)

11.

Mini- or self-storage warehouses (section 23.04.L)

12.

Indoor commercial recreation (section 23.04.M)

13.

Outdoor recreation (section 23.04.N)

14.

Outdoor retail display and sales (section 23.04.O)

15.

Private club, fraternal organization, lodge (section 23.04.P)

16.

Pet boarding facilities (section 23.04.Q)

17.

Places of assembly (section 23.04.R)

18.

Restaurants with a pick-up (section 23.04.S)

19.

Small inn/B&B (section 23.04.T)

20.

Small manufacturing establishments (section 23.04.U)

21.

Upper floor residential dwellings (section 23.04.V)

22.

Veterinary hospitals (section 23.04.W)

B.

Accessory dwelling units.

1.

Definition. An accessory dwelling unit (ADU) is a smaller, secondary home on the same lot as a primary dwelling. ADUs are independently habitable and provide the basic requirements of shelter, heating, cooking, and sanitation. There are two types of ADUs:

a)

Garden cottages are detached structures. Examples include converted garages or new construction.

b)

Accessory suites are attached to or part of the primary dwelling. Examples include converted living space, attached garages, basements or attics; additions; or a combination thereof.

2.

Eligibility. An ADU may be added to a house on any residentially zoned lot.

3.

Utilities. Utilities for ADU must be connected to the house on the parcel and may not have a separate meter or be billed separately.

4.

Number. One ADU is permitted per residentially zoned lot.

5.

Creation. An ADU may be created through new construction, conversion of an existing structure, addition to an existing structure, or conversion of a qualifying existing house to a garden cottage while simultaneously constructing a new primary dwelling on the site.

6.

Density. ADUs are exempt from the residential density standards of this Code.

7.

Approval. Applications for ADUs must meet the following criteria.

a)

The applicant must demonstrate that the ADU complies with all development and design standards of this section.

b)

The applicant must demonstrate that the proposed modifications comply with applicable building and fire safety codes.

8.

Occupancy and use. Occupancy and use standards for an ADU shall be the same as those applicable to a primary dwelling on the same site.

9.

Design. Design standards for ADUs are stated in this section. If not addressed in this section, base zone development standards apply.

a)

All ADUs (accessory suites and garden cottages) must meet the following requirements:

(1)

Size. An ADU may be no more than 600 square feet or the size of the primary dwelling, whichever is less.

10.

Parking. No additional parking is required for an ADU. Existing required parking for the primary dwelling must be maintained or replaced on-site.

11.

Exterior finish materials. Exterior finish materials must visually match in type, size and placement, the exterior finish materials of the primary dwelling.

12.

Roof pitch. The roof pitch must be the same as the predominant roof pitch of the primary dwelling.

13.

Windows. If the street-facing façade of the ADU is visible from the street, its windows must match, in proportion and orientation, the windows of the primary dwelling.

14.

Eaves. If the primary dwelling has eaves, the ADU must have eaves that project the same distance from the building. If the primary dwelling does not have eaves, no eaves are required for the ADU.

15.

Accessory suites must meet the following additional requirements:

a)

Location of entrances. Only one entrance may be located on the facade of the primary dwelling facing the street, unless the primary dwelling contained additional entrances before the accessory suite was created. An exception to this regulation is entrances that do not have access from the ground such as entrances from balconies or decks.

b)

Exterior stairs. Fire escapes or exterior stairs for access to an upper level accessory suite shall not be located on the front of the primary dwelling.

c)

Garden cottages must meet the following additional requirements:

(1)

Height. The maximum height allowed for a garden cottage is the lesser of [20-25] feet or the height of the primary dwelling.

16.

Setbacks. Garden cottages must be located at least six feet behind the primary dwelling, unless the garden cottage is in an existing detached structure that does not meet this standard.

17.

Building coverage. The building coverage of a garden cottage may not be larger than the building coverage of the primary dwelling.

18.

Yard setbacks. No portion of an existing building that encroaches within a required yard setback may be converted to or used as a garden cottage unless the building complies with setback exemptions (i.e., for garages, properties abutting alleys …) available elsewhere in the code.

19.

Exemptions. Garden cottages are eligible for either of the following exemptions:

a)

Design compatibility. Exceptions may be granted for garden cottages that:

(1)

Are under 500 square feet and under 18 feet average height, or

(2)

Meet community design standards, defined elsewhere in the code.

20.

Alteration. If a garden cottage is proposed for an existing detached accessory structure that does not meet one or more of the above standards, the structure is exempt from the standard(s) it does not meet. Alterations that would move the structure out of conformance with standards it does meet are not allowed. If any floor area is added to a detached accessory structure, the entire structure must meet the standards of sections H. through U. above.

C.

Automobile washes, automatic or self-service.

1.

Only one ingress/egress driveway shall be permitted on any single street.

2.

Where adjoining property zoned or used as residential, a decorative masonry wall six feet in height shall be erected along any common lot line. Such wall shall be continuously maintained in good condition. The city may approve a fence, landscaped berm, or landscaping as an alternative.

3.

All washing facilities shall be within a completely enclosed building. Self-service facilities may be within a partially enclosed building.

4.

Vacuuming and drying may be located outside the building but shall not be in the required front yard and shall be set back at least 50 feet from any residential district. Such areas shall be screened with obscuring landscaping as determined by the planning commission.

5.

Adequate stacking space shall be provided in accordance with the requirements of Article 18, Off-street parking and loading standards. Stacking spaces shall not be permitted in the public right-of-way.

D.

Automobile or vehicle dealerships.

1.

Outdoor storage of automobiles or vehicles for sale shall not be permitted in any required front or side yard.

2.

All parking, display and outdoor storage areas shall be paved with a permanent and durable surface. Curbing around all parking, display and storage areas shall be provided.

3.

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

4.

Exterior lighting shall be fully shielded and directed downward to prevent off-site glare. The intensity within a site shall not exceed 20 footcandles within the site or one footcandle at the property line, except where it abuts a residentially used or zoned site, whereby a maximum of ten footcandles and 0.5 footcandles is permitted for vehicle storage areas.

5.

Flags, banners, streamers, and inflatables of any kind shall not be permitted unless approved by the planning commission.

E.

Bars, taverns, lounges, microbreweries (accessory), and brewpubs.

1.

The principal building shall be setback at least 100 feet from a residential district (does not apply in the CBD, Central Business District).

2.

Noise shall not be a nuisance outside of the building, in accordance with section 20.04, Performance standards, and other city ordinances.

F.

Cemetery.

1.

The principal access shall be on an arterial or collector street.

2.

Ingress and egress shall be designed to minimize traffic.

3.

In a residential district or abutting a residential district, appropriate landscaping and screening shall be installed and consistent with abutting residential uses.

G.

Equine and stables.

1.

All buildings/accessory structures used in housing equine shall not be situated closer than 100 feet to any lot line of public right-of-way.

2.

Accessory structure may not exceed 1,500 square feet in gross floor area.

H.

Expansion of apartment within an existing building.

1.

A single-family residence in a multiple-family or commercial district may be subdivided into no more than three apartments.

2.

One unit shall be occupied by the property owner.

3.

The single-family residence shall have a minimum gross floor area of 2,000 square feet.

4.

The total aggregate number of occupants in the residence may not exceed six.

5.

All parking shall be provided off-street.

6.

If additional entrances to house are created, the entrance shall not be located on a wall of the house that faces the street.

7.

All applicable building, fire, and safety codes must be met.

I.

Funeral homes and mortuary establishments.

1.

Minimum lot area shall be one acre and minimum lot width shall be 150 feet.

2.

An off-street vehicle assembly area shall be provided to be used in support of funeral processions and activities. This area shall be in addition to the required off-street parking and its related maneuvering area.

J.

Home occupation.

1.

All home occupations must comply, and remain in continuous compliance with, the following standards:

a)

A home occupation permit must be obtained from the city and include a floor plan indicating the area(s) within the house where the home occupation will be conducted.

b)

No person, other than members of the family residing in the dwelling, shall be engaged in the conduct of the home occupation.

c)

The use of the dwelling for the home occupation shall be clearly accessory, incidental, and subordinate to its use for residential purposes, and not more than [25] percent of the gross floor area of the dwelling shall be used for the conduct of the home occupation.

d)

There shall be no change in the outside appearance of the dwelling or any other visible evidence of the conduct of the home occupation.

e)

There shall be no signs on any structure, in the windows or anywhere on the property.

f)

Traffic generated by the home occupation shall not be greater than would normally be expected in a residential neighborhood, or no more than an average of ten vehicular trips per day.

g)

The home occupation shall be conducted entirely within the confines of the dwelling and shall not take place in a garage or accessory structure.

h)

There shall be no sale of products or service on the premises where the home occupation is located. A retail showroom, sales area, outlet, or similar facility is prohibited as is outdoor display of goods.

i)

Any necessary parking spaces for vehicles generated by the conduct of the home occupation shall be provided on the site in a normal driveway, but not within any required yard.

j)

No equipment or process shall be used in the home occupation which creates noise, vibration, glare, fumes, or odors detectable to the normal senses off the premises on which the home occupation is located. In addition, no equipment or process shall be used in the home occupation which causes visual or audible interference in any radio or television receivers off the premises or causes fluctuation in the line voltage off the premises.

K.

Kennels.

1.

For kennels housing dogs, the minimum lot size shall be two acres for the first three dogs and an additional one-third acre for each one additional dog.

2.

Buildings wherein dogs are kept, dog runs, and/or exercise areas shall not be located closer than 150 feet to any lot line and 200 feet from any road right-of-way.

3.

Such facilities shall be subject to other conditions and requirements necessary to ensure against the occurrence of any possible nuisance (i.e., fencing, soundproofing, sanitary requirements).

4.

All enclosures for breeding, rearing, shelter, or other uses in connection with harboring of animals, shall be hard surfaces and provided with proper drain.

5.

A kennel may be permitted as an accessory use to a veterinary office, clinic, or hospital. Such accessory use shall be subject only to the special land use standards of the veterinary use.

L.

Mini- or self-storage.

1.

Warehouses minimum lot size shall be three acres.

2.

Minimum building and parking setbacks shall be 50 feet from any public street right-of-way line, 50 feet from any residential district and 25 feet from any nonresidential zoning district.

3.

The front yard visible from a public right-of-way and any side or rear yards adjacent to residential districts shall include wrought iron or similar decorative fencing and landscaping as determined by the planning commission.

4.

The storage units shall be screened from all abutting properties using landscaping and/or walls.

5.

Building design and materials shall be compatible with the existing and intended character of the area. Building facades facing a right-of-way must consist of decorative split face block or brick, as approved by the planning commission. All roofs must be pitched.

6.

No storage unit doors shall face a public right-of way. Walls, fences, and landscaping as determined by the planning commission may be utilized to obscure views of doors from the public right-of-way.

7.

All storage shall be completely within enclosed buildings or structures, unless a separate special land use approval is granted for commercial outdoor storage on the premises, in accordance with Article 22, Special land uses.

M.

Indoor commercial recreation.

1.

Access shall be from an arterial or collector street.

2.

All uses, activities, or operations shall be conducted entirely inside the building.

3.

All doors and windows shall always remain closed. Ventilation shall be via an HVAC system.

4.

When adjacent to a residential district:

5.

Hours of operation shall be limited to 6:00 a.m. to 11:00 p.m.

6.

Exterior lighting should be shut off during non-business hours, except for security lighting.

N.

Outdoor dining.

1.

Outdoor dining may be allowed only as conditionally approved accessory to otherwise allowed restaurants, subject to the following requirements:

a)

Outside of public right-of-way or on easements for public use. Outdoor dining is allowed by permit, between April 1 and October 31 subject to approval by the zoning administrator, when located outside of public rights-of-way or easements for public use and comply with the following:

(1)

Additional signage shall not be permitted.

(2)

There shall be no outdoor preparation of food or beverages.

(3)

Confirmation of appropriate liquor licenses shall be submitted to the City, if proposed. Outdoor dining areas in the public right-of-way or on an easement for public use, must apply and receive an outdoor dining permit. Outdoor dining permits must be re-applied for every six months.

(4)

Pedestrian circulation and access to the building entrance shall not be impaired. A minimum sidewalk width of five feet along the curb and leading to the entrance to the establishment must be maintained free of tables, chairs, and other encumbrances. The seating in an outdoor dining area must be accessible to people with disabilities. Americans with Disabilities Act (ADA) accessibility requirements must be met within the outdoor dining area. Five percent, or at least one, of the seating spaces in the outdoor café area must be accessible to people with disabilities. An accessible route connecting the outdoor dining area, the business entrance, and the restrooms must be provided.

(5)

The seating area on the public sidewalk shall only be limited to the area directly in front of the permitted restaurant use to which the seating area is accessory and shall not extend into adjoining sites. Seating may also be permitted within the front, side and rear yard area of the lot.

(6)

The seating area shall be kept free of debris and litter. Written procedures for cleaning and trash containment and removal must be submitted.

(7)

Tables, chairs, umbrellas, canopies, planters, waste receptacles, and other street furniture shall be compatible with the architectural character of the principal building.

(8)

Outdoor dining, including any canopies or covers associated with such dining, shall be permitted within the required setback. Said canopies or covers may be affixed to the ground.

(9)

Except as provided above, all fixtures and furnishings in the outdoor dining area including, but not limited to, tables, chairs, bar, server stations, and sources of heat shall be portable and not affixed to the ground, building, or other permanent structures. Permanent railings or fences may be permitted only where and to the extent that the building code requires an affixed fence for safety purposes. Permanent attachment of railings must be approved by the building department and permit emergency egress.

(10)

The hours of operation of outdoor dining shall not extend past the normal operating hours of the main use, the restaurant.

(11)

Outdoor dining located inside or rear yards, abutting or across from a residential district, shall not operate before 9 a.m. or after 11 p.m.

(12)

No sound or audio or video entertainment, including but not limited to television or radio playing of music and/or sports events, may be piped into, or played so as to be visible or audible from the outdoor dining area before 9 a.m. or after 11 p.m. on Fridays and Saturdays and before 9 a.m. or after 10 p.m. on Sundays through Thursdays.

(13)

Outdoor amplification is not permitted.

(14)

Outdoor dining areas shall not have permanent fixtures, tables or seating.

(15)

Tables, seating, barriers, and other furniture may be required to be removed at the end of every business day, if identified as a condition of the outdoor dining permit.

(16)

Heating is permitted in outdoor dining areas. Heaters must be portable and be removed at the end of every business day.

(17)

Outdoor grills are not permitted in outdoor dining areas.

(18)

Outdoor dining areas shall follow any other applicable zoning regulations, such as signs, etc.

(19)

Outdoor cafes provide an alternative to sitting inside but are not intended to be permanent expansions of a restaurant's capacity.

(20)

Additional signage may not be permitted.

(21)

Lighting in the outdoor dining area must meet lighting standards as specified in Article 19.

(22)

Requests for outdoor dining shall include submission of a sketch plan to determine compliance with the above requirements. The request may be administratively approved by the zoning administrator and building department. At the time of approval, a performance guarantee is required that provides liability coverage in an amount determined by the city.

(23)

Outdoor dining on private property.

i.

Outdoor dining is allowed by permit subject to approval by the zoning administrator.

ii.

Permanent fences or barriers may be installed where safety is a concern or where such permanence is required by building code. They shall be shown on all applications and permits.

iii.

The hours of operation of outdoor dining shall not extend past the normal operating hours of the main use, the restaurant.

iv.

Outdoor dining located inside or rear yards, abutting or across from a residential district, shall not operate before 9 a.m. or after 11 p.m.

v.

No sound or audio or video entertainment, including but not limited to television or radio playing of music and/or sports events, may be piped into, or played so as to be visible or audible from the outdoor dining area before 9 a.m. or after 11 p.m. on Fridays and Saturdays and before 9 a.m. or after 10 p.m. on Sundays through Thursdays.

vi.

The seating in an outdoor dining area must be accessible to people with disabilities. Americans with Disabilities Act (ADA) accessibility requirements must be met within the outdoor dining area. Five percent, or at least one, of the seating spaces in the outdoor dining area must be accessible to people with disabilities. An accessible route connecting the outdoor dining area, the business entrance, and the restrooms must be provided.

vii.

Lighting in the outdoor dining area must meet lighting standards as specified in Article 19.

O.

Outdoor recreation.

1.

A photometric plan and sports illumination plan shall be submitted for review including the following:

a)

Light pole height (not to exceed 20 feet).

b)

Lighting type with max lighting levels.

c)

Light fixture details with either full cut off or directionally shielded lights.

d)

Location of light poles on fields, court, and parking.

2.

The applicant shall provide curfew hours for use of facilities and lighting.

3.

Footcandles may not exceed one footcandle at the property line (measured three feet above grade).

P.

Outdoor retail display and sales.

1.

Unless accessory to an approved retail business, an enclosed building of at least 500 square feet of gross floor area for office and sales use is required.

2.

Displays shall be placed against the front wall of the principal building and shall not extend more than 36 inches from the building facade; provided that where there is a pedestrian sidewalk in front of the display, it shall remain unobstructed for a continuous width of at least 48 inches.

3.

Displays shall be no taller than five feet high and shall not be longer than 20 feet or the length of the store's façade, whichever is less.

4.

Displays shall not interfere with fire lanes.

5.

The merchandise displayed must be offered for sale on the premises in front of which it is displayed.

6.

Palletized materials such as mulch, salt pellets, hunting bait, etc. shall not be displayed.

7.

A sketch plan indicating the location and dimensions of the outdoor display must be submitted and approved by the city prior to any outdoor display. Any outdoor display shall always comply with the sketch plan or site plan approved by the city.

Q.

Private club, fraternal organization, lodge.

1.

Building shall be set back a minimum of 50 feet from any residential district.

2.

All activities other than parking and loading/unloading shall be conducted within an enclosed building.

R.

Pet boarding facilities.

1.

Except for the outdoor play area, the facilities must be in a building with the pet boarding and any ancillary services being the only uses.

2.

The lot shall be at least two acres in size.

3.

Up to five percent of the floor area may be used for accessory retail sales.

4.

Adequate traffic circulation must be provided on-site to accommodate the frequent pickup and drop-off of animals for the facility.

5.

An outdoor play area is allowed with the following restrictions:

a)

Any outdoor play area shall not be any closer than 150 feet from a residential zoning district.

b)

Any outdoor play area shall be in the interior side yard or rear yard.

c)

A maximum eight foot high fence enclosure is required around the play area and surface must be easy to maintain.

6.

All animal waste shall be removed from the outdoor play area daily and disposed of in a sanitary manner.

7.

Pets shall not be permitted to remain outdoors overnight.

S.

Restaurants with a pick-up window.

1.

All containers shall be made of recyclable materials; Styrofoam and similar petroleum-based material containers shall be prohibited.

2.

Trash receptacles shall be provided and maintained on the property.

3.

All signs placed on the building shall be mounted flat against the building; and interior signs visible to patrons through glass or an opening shall not exceed [25] percent of that area. Temporary signs indicating whether the establishment is "open" or "closed" for the season shall be permitted in accordance with Article 14 Signs.

4.

Outdoor seating may be provided when meeting the requirements of section [23.04(N)], outdoor seating for restaurants and cafes.

5.

Months and hours of operation shall be provided as part of the conditional land use application.

T.

Small inn/B&B.

1.

Not more than two bedrooms may be devoted to the small inn/B&B use.

2.

Inn/B&B must be owner occupied.

3.

Food service is limited to breakfast for those purchasing lodging.

4.

One additional parking space per guest room is required (in additional to standard two spaces per single family residence).

5.

Accessory dwelling units (ADUs) may not be used as a small inn or B&B.

6.

One building mounted wall sign, not exceeding five square feet is permitted. Free standing signs are prohibited.

7.

All state, local fire, sanitation, food service provisions requirements must be met.

U.

Small manufacturing establishments.

1.

In the Central Business District Permitted by right, subject to the following:

a)

Establishment occupies less than 1,500 square feet and has not more than ten employees.

b)

May not include bulk storage of flammable materials.

c)

Storage of materials/production must be completely within a closed building.

d)

The emission of odor or noise must be mitigated.

e)

Must have an accessory retail use or another component that provides direct interaction with the public.

f)

Must have windows along street frontage that allow pedestrians to view manufacturing process.

g)

Must have a public entrance directly from the street.

2.

In the General Business District Permitted by right, subject to the following:

a)

Establishment occupies less than 3,000 square feet and has not more than 20 employees.

b)

May not include bulk storage of flammable materials.

c)

Storage of materials/production must be completely within a closed building.

d)

The emission of odor or noise must be mitigated.

e)

Must have an accessory retail use or another component that provides direct interaction with the public.

V.

Upper floor residential dwellings.

1.

Parking for residential units shall be off street and within 500 feet.

2.

Separate access shall be provided to each unit from the street.

W.

Veterinary hospitals.

1.

Such facilities shall be used only for domesticated animals. Treatment or boarding of non-domesticated, wild, exotic, or vicious animals shall not be permitted.

2.

The principal buildings or structures shall be set back at least 75 feet from the front property line; and at least 200 feet from any property line abutting a residential district or use on the same side of the street, and at least 75 feet from all other property lines.

3.

Parking lots shall be set back at least 50 feet from a residential district or use and shall be screened by a wall at least four feet high with landscaping on the exterior side of the wall. The planning commission may permit a landscaped berm or dense landscape buffer as an alternative to the wall.

4.

All principal use activities shall be conducted within a totally enclosed principal building; no outdoor animal enclosures or runs are permitted unless a separate special land use has been approved fora kennel under section 23.04(K), Kennels, or pet boarding facility under section 23.04(R).

5.

Any indoor boarding shall be limited to that incidental to treatment or surgery unless the use has also been approved as a kennel or pet boarding facility.

6.

Such facilities shall be subject to other conditions and requirements necessary to ensure against the occurrence of any possible nuisance (i.e., fencing, soundproofing, sanitary requirements).

All waste disposal shall meet the requirements of the Health Department of the State of Michigan.

(Ord. No. 440, § 9, 6-10-19)