(A)   Intent and purpose. Rather than permitting all of the many and varied land use activities within individual and limited zoning districts, it is the intent of this chapter to provide a set of procedures and standards for specific uses of land or structures that will allow, on one hand, practical latitude for the investor or developer, but that will, at the same time, maintain sound provisions for the protection of the health, safety, convenience, and general welfare of village inhabitants. In order to provide controllable and reasonable flexibility, this subchapter permits detailed review of certain specified types of land use activities which, because of their particular and unique characteristics, require special consideration in relation to the welfare of adjacent properties and to the community as a whole. Land and structure uses possessing these characteristics may be authorized within certain zone districts by the issuance of a special use permit. By such a procedure, the Planning Commission has the opportunity to impose conditions and safeguards upon each use which is deemed necessary for the protection of the public welfare. The following sections, together with previous references in other subchapters, designate specific uses that require a special use permit and, in addition, specify the procedures and standards which must be met before such a permit can be issued.

data:

         (a)   The special form supplied by the Village Clerk, filled out in full by the applicant, including a statement of supporting evidence concerning the required findings specified in division (3) below; and

         (b)   A site plan that conforms with the requirements of § 153.087.

         (a)   Be harmonious with and in accordance with the general principles and proposals of the Future Land Use Plan of the village.

         (b)   Be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such a use will not change the essential character of the area in which it is proposed.

         (c)   Not be hazardous or disturbing to existing or future uses in the same general vicinity and will be a substantial improvement to property in the immediate vicinity and to the community as a whole.

         (d)   Be served adequately by essential public facilities and services, such as highways, streets, police, fire protection, drainage structures, refuse disposal, water and sewage facilities and schools.

         (e)   Not involve uses, activities, processes, materials and equipment or conditions of operation that will be detrimental to any person, property or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.

         (f)   Be consistent with the intent and purposes of the zoning district in which it is proposed to locate the use.

         (g)   Will not involve uses which will adversely and substantially impact the economic viability of the Central Business District as a whole and individual uses and business both present and future located therein.

(Ord. 103, passed 5-5-1986; Ord. 146, passed 3-2-1998; Ord. 163, passed 6-4-2001; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021) Penalty, see § 153.999

      (1)   To provide a more desirable living environment by preserving the natural character of open fields, stands of trees, brooks, ponds, floodplains, hills, and similar natural assets.

      (2)   To encourage the provision of open space and the development of recreational facilities within new development.

      (3)   To encourage developers to use a more creative and imaginative approach in the design of new development.

      (4)   To provide for more efficient and aesthetic use of open areas by allowing the developer to reduce development costs through the bypassing of natural obstacles.

      (5)   To encourage variety in the physical development pattern of the village by providing a mixture of building types.

      (1)   The planned unit development site shall be under the control of one owner or group of owners, and shall be capable of being planned and developed as one integral unit.

      (2)   Public water and sewer facilities shall be available or shall be provided as part of the site development.

      (3)   The proposed planned unit development shall meet the standards for the approval of special land uses in § 153.115(C)(1).

(Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021)

      (1)   Any institutional structure or use in a residential district should, preferably, be located at the edge of the district, abutting either a business or industrial district or adjacent to a public open space.

      (2)   Motor vehicle entrance should be made on a major thoroughfare or as immediately accessible from a major thoroughfare as to avoid the impact of traffic generated by the institutional use upon a residential area.

      (3)   Site locations should be preferred that offer natural or manmade barriers that would lessen the effect of the intrusion of the institutional use into a residential area.

         (a)   The proposed site shall be at least ten acres in area.

         (b)   The proposed site shall have at least one property line abutting a major thoroughfare. All ingress and egress to the off-street parking area (for guests, employees, and staff) shall be directly from the major thoroughfare.

         (c)   No more than 25% of the gross site shall be covered by buildings.

         (d)   Ambulance and delivery areas shall be obscured from all residential view by a solid masonry wall six feet in height. Access to and from the delivery and ambulance area shall be directly from a major thoroughfare.

         (e)   All signs shall be in accordance with the schedule outlined in § 153.083.

         (f)   Off-street parking space shall be provided in accordance with the schedule outlined in § 153.100, and off-street loading in conformance with § 153.101.

         (a)   The proposed site shall be at least one acre in size plus one-half acre per 100 seats in the main auditorium.

         (b)   The proposed site shall be so located as to have at least one property line on a major or secondary thoroughfare. All ingress and egress to the site shall be directly onto the thoroughfares or a marginal access service drive thereof.

         (c)   All signs shall be in accordance with the schedule outlined in § 153.083.

         (d)   Off-street parking space shall be provided in accordance with the schedule outlined in § 153.100.

(Ord. 146, passed 3-2-1998; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021) Penalty, see § 153.999

(Ord. 146, passed 3-2-1998; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021) Penalty, see § 153.999

(Ord. 146, passed 3-2-1998; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021) Penalty, see § 153.999

(Ord. 146, passed 3-2-1998; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021) Penalty, see § 153.999

      (1)   Mobile homes, trailers, trailer coaches, or similar vehicles designed for occupancy as a dwelling as defined in § 153.003.

      (2)   Accessory buildings required for normal operation of the mobile home development. The uses as stores, mechanical dispensers, equipment storage, coin-operated laundry and dry cleaning facilities may be permitted, provided that the uses:

         (a)   Shall not occupy more than 10% of total site.

         (b)   Shall be subordinate to the residential use and character of the park.

         (c)   Shall be located, designed, and intended to serve the trade or service needs of persons residing in the park.

         (d)   One permanent building for conducting the operation and maintenance of mobile home park developments. A caretaker's residence may be provided within or in addition to the permanent building.

         (e)   The following signs pertaining exclusively to the mobile home park are permitted.

            1.   One freestanding, illuminated (but not flashing or moving) sign may be located near one entrance on each street upon which the mobile home park fronts according to the following.

               a.   On major roads as designated by the Planning Commission, the sign shall not be larger than 25 square feet in size.

               b.   On all other streets the maximum permitted size shall be 12 square feet.

            2.   Signs shall not exceed ten feet in height.

            3.   Signs shall be located so as not to obstruct visibility of pedestrians or motorists, within or without the mobile home park.

            4.   Signs purely for traffic regulation and direction within the mobile home park may be utilized as required.

         (f)   The off-street parking requirements shall be accomplished by providing group parking facilities within 300 feet of all mobile home lots they are intended to serve and may be of a bay-type design. All parking areas shall be of paved material, subject to the approval of the Village Street Commission. No parking shall be permitted on any street or access lane. Additional parking, equal to one space for four mobile homes, shall be provided for overflow visitor parking, storage of park equipment and any tenant vehicles, boats, or mobile homes temporarily out of service. No visitor vehicles shall be permitted to be parked or stored within any required open space between mobile homes or any drive or street within the mobile home park.

      (9)   Park roads. Each mobile home lot or premises shall have access to a park driveway, roadway, or street which shall be paved to a minimum width of 24 feet and have a cross-section as approved by the Village Street Commission, provided that no parking shall be permitted on the roadway. No park shall provide or have direct access through any recorded single-family subdivision. The required paving width for the streets, roadways, or driveways may be adjusted if a one-way street pattern is proposed as part of the proposed site development. The one-way street shall be paved to a minimum width of 20 feet, provided no parking shall be permitted on the roadway.

         (a)   Each mobile home site shall be provided with a minimum stand consisting of a solid concrete apron ten feet wide by 50 feet long. The concrete apron shall be constructed of reinforced concrete to a depth of four inches and shall be at least equal in area and dimension of the mobile home occupying the site.

         (b)   An outdoor patio area of not less than 180 square feet shall be provided at each mobile home site, conveniently located to the entrance of the mobile home and appropriately related to open areas of the lot and other facilities, for the purpose of providing suitable outdoor living space to supplement the limited interior spaces of a mobile home.

         (c)   Each mobile home shall be supported on jacks or blocks uniformly throughout the mobile home park.

         (d)   Skirting shall be provided by the park or by the tenants uniformly throughout the park. The skirting will be of no less than 26-gauge metal and attachable to the concrete apron so as to prevent entrance of rodents and insects. One access door shall be permitted and screen vents shall be installed to permit cross ventilation.

         (e)   Tie-down facilities will also be incorporated into the concrete apron so that guy lines shall be installed under the mobile home at sufficient intervals to prevent upheaval of mobile homes during severe winds and storms.

         (a)   Plumbing fixtures shall be connected to a public sanitary sewer or approved sewerage disposal system and shall meet the requirements of the County Health Department and the State Plumbing Code.

         (b)   The plumbing connections to each mobile home site shall be constructed so that all lines are protected from freezing, accidental damage, or from creating any type of nuisance or health hazard. If unsafe health conditions are present in either the water or sanitary sewer or disposal system, the special use permit will automatically be terminated upon the recommendation of the County Health Department.

         (c)   Running water from a public or state tested and approved water supply shall be piped to each mobile home and shall be adequately protected from frost. Municipal water shall be utilized if available and accessible.

         (a)   Unless provided in current mobile home models, storage facilities shall be provided on the lot, or in compounds located within reasonable distance, generally not more than 100 feet from each stand. Storage cabinets shall provide a minimum of 90 cubic feet and shall not exceed 35 square feet in floor measurement.

         (b)   Storage facilities shall be designed in a manner that will enhance the appearance of the park and shall be constructed of suitable weather resistant materials appropriate under the use and maintenance contemplated.

         (c)   Storage of goods and articles underneath any mobile home or out of doors at any mobile home site shall be prohibited.

   (D)   Planned mobile home unit developments. It is the purpose of this section to allow for an entirely new concept of mobile home development. Under the provisions of this chapter, mobile home parks may be so designed to allow for a cluster type of mobile home grouping with the clusters separated from each other by common open space and housing units developed with related recreational space such as golf courses, swimming pools, private parks, community centers, and other recreational facilities. It is also the intent of this section to allow the developer to use a more creative and imaginative design for mobile home parks, to preserve unusual natural features of the site, and to utilize excess or generally unusable land to bypass unusual natural obstacles, thereby reducing overall development costs of the project. All provisions of this section shall prevail, except as provided herein.

      (1)   Parks designed to provide a cluster type arrangement may reduce the lot size abutting on common open space by 10%, provided the reduced area be equally dedicated as common open space.

      (2)   The portion of the lot to be reduced shall be the rear yard, which may be reduced to two feet. The front and side yard setbacks shall remain uniform throughout the development.

      (1)   No campground shall be located except with direct access to a county, state, or federal highway, with a minimum lot width of not less than 50 feet for the portion used for entrance and exit. No entrance or exit shall be through a residential district or shall require movement of traffic from the campground through a residential district.

      (2)   The minimum lot area per campground shall be three acres, with a maximum of 20 acres.

      (3)   Spaces in campgrounds may be used by travel trailers provided they meet any additional laws and ordinances of the state and the county and shall be rented by the day or week only, and an occupant of the space shall remain in the same campground for a period of not more than 30 days.

      (4)   Management headquarters, recreational facilities, toilets, showers, laundry facilities, and other uses and structures customarily incidental to the operation of a campground are permitted as accessory uses in any district in which campgrounds are allowed, provided that:

         (a)   The establishments and the parking area primarily related to their operations shall not occupy more than 10% of the area of the campground.

         (b)   The establishments shall be restricted in their use to occupants of the campground.

         (c)   The establishments shall present no visible evidence of their commercial character which would attract customers other than occupants of the campground.

      (5)   No space shall be so located that any part intended for occupancy for sleeping purposes shall be within 50 feet of the right-of-way line of any freeway, expressway, or collector street, or within 25 feet of the right-of-way of any minor street.

      (6)   In addition to meeting the above requirements, the campground site plan shall be subject to the review and approval of the Mid-Michigan Health Department.

      (7)   Campgrounds shall be permitted in existing or proposed mobile home parks, subject to the provisions provided herein.

(Ord. 146, passed 3-2-1998; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021) Penalty, see § 153.999

      (1)   Promote the type of development which will be compatible with other land use activities located in areas where service stations will be constructed.

      (2)   Control those aspects of service station design, site layout and operation which may, unless regulated, be damaging to surrounding uses of land.

      (3)   Minimize the traffic congestion and safety hazards which are inherent in service station activity.

         (a)   The required setbacks for the canopy shall be half of the required setbacks for the principal structure in the Zoning District, from all lot lines.

         (b)   Canopies may be located in the front yard.

         (a)   If the service station site fronts on two or more streets, the driveways shall be located as far from the street intersection as practicable, but no less than 50 feet.

         (b)   No driveway or curb cut for a driveway shall be located within ten feet of an adjoining property line, as extended to the curb or pavement, or within 20 feet of any exterior (corner) lot lines as extended.

         (c)   Any two driveways giving access to a single street should be separated by an island with a minimum dimension of 20 feet at both the right-of-way line and the curb or edge of the pavement.

(Ord. 103, passed 5-5-1986; Ord. 146, passed 3-2-1998; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021) Penalty, see § 153.999

      (1)   No more than one-half of the floor area of one story of the dwelling is devoted to the use.

      (2)   No outdoor activities are carried on in connection with the use, and that no more than one employee, other than the occupants of the dwelling, is engaged in the activities.

      (3)   No manufacturing or commercial storage uses may be considered home occupations. Offices for online sales are permitted, but in-person retail uses are prohibited.

      (4)   There shall be no external evidence of the occupations or uses except a small announcement or identification sign in accordance with § 153.083.

(Ord. 146, passed 3-2-1998; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021) Penalty, see § 153.999

         (a)   All uses shall be established and maintained in accordance with all applicable state statutes.

         (b)   All active uses shall be enclosed by a fence six feet or more in height for the entire periphery of the property. Fences shall be adequate to prevent trespass and shall be placed no closer than 50 feet to the top or bottom of any slope.

         (c)   All areas within any single development shall be rehabilitated progressively as they are worked out or abandoned so that they shall be in condition of being entirely lacking in hazards, inconspicuous, and blended with the general surrounding ground form.

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

         (e)   All permitted installations shall be maintained in a neat, orderly condition as to prevent injury to any single property, any individual, or to the village in general.

         (a)   All uses shall be established and maintained in accordance with all applicable state statutes. If any of the requirements of this division (B)(2) are less than those in applicable state statutes, the state requirements shall prevail.

         (b)   All operations shall be completely enclosed by a wire-link fence not less than six feet high.

         (c)   All operations and structures shall be surrounded on all sides by a transition strip at least 200 feet in width within which grass, plant materials, and structural screens shall be placed to minimize the appearance and odors of the installation. The Planning Commission shall approve all treatment of transition strips.

         (a)   All sites shall be located on a major thoroughfare. All traffic ingress or egress shall be from the thoroughfare. Local traffic movement shall be accommodated within the site so that entering and exiting vehicles will make normal and uncomplicated movements into or out of the major thoroughfare.

         (b)   All points of entrance or exit for motor vehicles shall be located no closer than 100 feet from the intersection of any two street(s) or highway(s).

         (c)   Golf driving ranges shall provide the safety screening as deemed reasonable and necessary by the Planning Commission to protect the safety and welfare of adjacent areas.

         (d)   Race tracks and drive-in theaters shall be enclosed for their full periphery with an obscuring screen fence at least six feet in height. Fences shall be of sound construction, painted or otherwise finished neatly, attractively, and inconspicuously.

         (e)   Drive-in theater ticket gates shall be provided in accordance with the following rations: one ticket gate for 300-car capacity theaters, two ticket gates for 600-car capacity theaters, three ticket gates for 800-car capacity theaters, four ticket gates for 1,000-car capacity theaters. Vehicle standing space shall be provided between the ticket gates and the street or highway right-of-way line equal to at least 30% of the vehicular capacity of the theater.

         (f)   Drive-in theater picture screens shall not be permitted to face any public street and shall be so located as to be out of the view from any major thoroughfare. The picture screen tower shall not exceed 65 feet in height.

         (g)   For drive-in theaters, no more than two advertising signs not exceeding in aggregate more than 500 square feet shall be permitted. The signs shall only advertise the business and shall be so located as not to obstruct traffic or vision upon any public street. In no event is any one sign to exceed 250 square feet.

         (a)   There are no other adult entertainment establishments within a 1,000 foot radius.

         (b)   There are no schools, libraries, churches, or public parks within a 500 foot radius of the proposed adult entertainment establishment.

         (c)   Nude entertainers and material depicting nudity may not be visible through the windows of the establishment.

(Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021)

      (1)   Retail sales of products related to the approved primary industrial use of the property, provided that items for sale must contain, or be related to, the materials or products originated or processed on the subject premises.

      (2)   Restaurants and/or brew pubs which provide for consumption on the premises. Restaurant uses in the M-1 District shall also be subject to the following:

         (a)   Shall not include a drive-in or drive-through component.

         (b)   No dancing or entertainment shall be permitted.

         (c)   Restaurants operated as an accessory use to the approved primary industrial use of the property shall meet all requirements of the M-1 District.

(Ord. 202, passed 4-21-2008; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021) Penalty, see § 153.999

      (1)   No Planning Commission or Village Council approval shall be required for co-locations or modifications. The Zoning Administrator shall review all applications for compliance with this chapter, with input from the Village Planner or Village Engineer as necessary. The following standards shall apply to co-locations and modifications:

         (a)   All ground equipment must be enclosed by an opaque fence at least as tall as the tallest structure within the compound, not including the tower.

         (b)   The facility must be accessible from a public right-of-way via a driveway meeting the standards of this chapter.

         (c)   All RF emissions signage required by the FCC must be posted. All other FCC standards must be met.

         (d)   A structural report, signed by a licensed structural engineer, must be submitted. The report must show clearly that the tower is structurally sound and can safely carry the weight of all proposed new antennas.

      (1)   The applicant must submit a report showing that all co-location opportunities nearby have been considered and that a new tower is necessary for one of the following reasons:

         (a)   Coverage would not be sufficient from any existing site.

         (b)   None of the potential co-location sites have towers that are structurally sound enough to carry the additional equipment.

      (2)   All ground equipment must be enclosed by an opaque fence at least as tall as the tallest structure within the compound, not including the tower.

      (3)   The facility must be accessible from a public right-of-way via a driveway meeting the standards of this chapter.

      (4)   All RF emissions signage required by the FCC must be posted. All other FCC standards must be met.

      (5)   A fall zone equal to the height of the tower must be maintained between the tower and the nearest structure outside the proposed compound.

      (6)   The building height standards for the zoning district in question shall not apply to towers for wireless telecommunications facilities. However, the tower shall be the lowest possible height to provide the necessary service coverage.

(Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021)

   The following standards shall apply to solar energy facilities.

   (A)   Solar energy facilities in the M-1 District must be approved by the Planning Commission through the site plan approval process described in § 153.087, and must meet the following standards:

      (1)   A report must be submitted to the village stating that the solar resources on the site are sufficient to achieve the goals of the solar energy facility.

      (2)   The setback and lot coverage standards for the M-1 district must be maintained.

      (3)   Sufficient access must be provided to the solar array to provide for maintenance.

      (4)   Screening landscaping or fencing as described in § 153.081(F)(3) must be provided along all lot lines, regardless of the abutting zoning district.

   (B)   Solar energy facilities in all other zoning districts must be approved by the Planning Commission through the special use approval process described in § 153.115, and must meet the following standards:

      (1)   The solar energy facility must be accessory to a permitted use the zoning district.

      (2)   A report must be submitted to the village stating that the solar resources on the site are sufficient to achieve the goals of the solar energy facility.

      (3)   The solar energy facility must be designed to provide electricity primarily for the principal use on the property.

      (4)   The solar energy facility shall be considered an accessory structure, subject to the provisions of § 153.081(B), unless the solar array is located on the roof of the principal structure. If the solar array is located on the roof of another accessory structure, it shall be considered part of that accessory structure.

      (5)   Sufficient access must be provided to the solar array to provide for maintenance.

      (6)   The solar energy facility must be screened from view from ground level of all adjacent properties, unless the solar energy facility is located on the roof of the principal structure or another accessory structure on the lot.

(Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021)

   Wind energy facilities in all zoning districts must be approved by the Planning Commission through the special use approval process described in § 153.115, and must meet the following standards:

   (A)   The wind energy facility must be accessory to a permitted use the zoning district, except in the M-1 district, where the wind energy facility may be the principal use.

   (B)   The wind energy facility must be designed to provide electricity primarily for the principal use on the property, except in the M-1 district.

   (C)   The setback and lot coverage standards for the zoning district in questions must be maintained.

   (D)   Sufficient access must be provided to the wind energy facility to provide for maintenance.

   (E)   A "fall zone" equal to the height of the windmill must be maintained between the windmill and any other structure.

   (F)   The building height standards for the zoning district in question shall not apply to towers for wind energy facilities. However, the windmill shall be the lowest possible height to produce the needed energy for the principal use on the property, except in the M-1 district, where it shall be the lowest possible height needed to produce the desired amount of electricity.

(Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021)

   The following standards shall apply to golf courses and country clubs.

   (A)   The site area shall be 50 acres or more and shall be so designed as to provide all ingress and egress directly onto or from a major arterial.

   (B)   A site plan of the proposed development shall be reviewed and approved by the Planning Commission. The site plan shall indicate the location of service roads, entrances, driveways, and parking areas and shall be so designed in relationship to the major arterial that pedestrian and vehicular traffic safety is encouraged.

   (C)   Development features shall be shown on the site plans, including the principal and accessory buildings, structures, and parking areas, and shall be so located as to minimize any possible adverse effects upon adjacent property. All principal or accessory buildings and parking areas shall be not less than 200 feet from any property line of abutting residentially zoned lands.

   (D)   The minimum number of off-street parking spaces shall be provided as required in § 153.100, including additional spaces which may be required for each accessory use, such as a restaurant or bar.

   (E)   Whenever a swimming pool is to be provided, the pool shall be located at least 100 feet from abutting residentially zoned property lines and shall be provided with a protective fence six feet in height, and entry shall be by means of a controlled gate.

   (F)   All lighting shall be shielded to reduce glare and shall be so arranged and maintained as to direct the light away from all residential lands which adjoin the site.

(Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021)

   The following standards apply to group housing developments, including those types of residential housing customarily known as garden apartments, terrace apartments, townhouses, row housing units, and other housing structures of similar character.

   (A)   Two or more residential buildings of similar or different character may be built upon one lot or parcel of land when a site plan is submitted to and approved by the Planning Commission and when the following site development requirements have been complied with:

      (1)   The proposed project must be serviced by public or semi-private water, sanitary sewer, and storm sewer systems.

         (a)   Between buildings. The minimum horizontal distance between buildings (front to front, rear to rear, or front to rear) shall be 50 feet for buildings one story in height. This distance shall be increased by no less than five feet for every story added. The minimum distance between buildings may be decreased by as much as ten feet toward one end if it is increased by a similar distance at the other and consistent modifications are permitted by the Village Planning Commission to accommodate plans which are not conventional in their outline or in their relation to other buildings.

         (b)   Between ends of buildings. The horizontal distance between ends of buildings shall be 20 feet or more for one or two story buildings. These distances shall be increased by not less than five feet for every story added.

         (c)   Closed courts. No closed courts shall be permitted. However, open arcades or garden walls not over six feet in height shall not be deemed enclosing features.

         (d)   Yard dimensions. For buildings up to 35 feet in height, no building shall be closer than 25 feet to any street, 35 feet to any rear property line, or 20 feet to an interior side property line. For each one foot of building height above 35 feet, one foot shall be added to required front, side, and rear yards.

         (e)   Other dimensions. No dwelling unit in a group housing development shall be closer to a street or private access drive than 25 feet, or shall be further from a street or private access drive than 150 feet.

         (f)   Usable open space. A minimum usable open space area of 100 square feet per dwelling unit shall be provided within group housing developments. The open space shall be provided at ground level, unoccupied by principal or accessory buildings, and available to all occupants of the group housing development. Each open space so provided shall have a minimum total area of 1,200 square feet and shall be unobstructed to the sky and shall not be devoted to service driveways or off-street parking or loading space, but shall be usable for greenery, drying yards, recreational space, and other leisure activity normally carried on outdoors.

         (a)   All streets, roadways, or private access drives will be paved to a minimum width of 20 feet when parking is prohibited. Additional widths for streets may be required by the Planning Commission based upon the particular density and building relationship of the proposed group housing development.

         (b)   No dead-end street or roadway shall serve more than 75 families as a means of vehicular access.

         (c)   Suitable turning facilities shall be provided for vehicles at the terminus of all dead end streets or roadways. A minimum radius of 50 feet shall be required for all turnarounds and additional width may be required by the Village Planning Commission after consideration of the vehicular needs of a particular group housing development proposal.

         (d)   Satisfactory arrangements have been made with the Planning Commission regarding the maintenance and repair of streets, roadways, or access drives.

(Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021)

   The following standards apply to drive-throughs, regardless of the product or service being offered at the drive-through.

   (A)   Service may be in automobiles or outdoors, but all other activities shall be carried on within a building.

   (B)   Ingress and egress points shall be located at least 50 feet from the intersection of any two streets.

   (C)   All lighting shall be shielded from adjacent residential districts.

   (D)   All motor vehicle parking and standing areas shall be provided and improved in accordance with the requirements stated in § 153.100.

(Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021)

   The following standards apply to junk yards:

   (A)   All uses shall be established and maintained in accordance with all applicable state statutes. If any of the requirements of this chapter are less than those in applicable state statutes, the state requirements shall prevail.

   (B)   The site shall be a minimum of one acre in size.

   (C)   An obscuring fence or wall at least eight feet in height shall be provided around the entire periphery of the site to screen the site from surrounding property. The fence or wall shall be of sound construction, painted, and otherwise finished neatly and inconspicuously.

   (D)   All activities shall be confined within the fenced in area. There shall be no piling of material above the height of the fence or wall, except that movable equipment used on the site may exceed the wall or fence height. No equipment, material, signs, or lighting shall be used or stored outside the fenced in area.

   (E)   All fenced in area shall be set back at least 100 feet from any front street or property line. The front yard setback shall be planted with trees, grass, and shrubs to minimize the appearance of the installation. The spacing and type of plant materials to be determined by the Planning Commission.

   (F)   No open burning shall be permitted and all industrial processes involving the use of equipment for cutting, compressing, or packaging shall be conducted within a completely enclosed building.

   (G)   Whenever the installation abuts upon property within a residential or agricultural district, a transition strip of at least 200 feet in width shall be provided between the fenced in area and the property within a residential or agricultural district. The strip shall contain plant materials or grass and structural screens of a type approved by the Planning Commission.

(Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021)

   Excavation of soils and minerals. The excavation of peat, muck, sand, gravel, clay, shale, or other natural mineral deposit, including the quarrying of rock minerals, but except crude oil, may be authorized in the M-1 district by the Planning Commission by the issuance of a special use permit, provided that the following requirements are met:

   (A)   The applicant must provide the village with an acceptable plan for the reclamation of the excavation site at the end of its useful life. In addition to the plan required in § 153.115, the applicant shall submit plans and proposals for the reuse of the property after completion of excavation. As a minimum, the plans are to provide rehabilitation of the excavated area so that the proposed site, when rehabilitated, shall be in a condition of being lacking in hazards and be inconspicuous and blend into the natural ground form of the area. The plans shall include a contour plan.

   (B)   The village may require off-site community benefits as conditions of the special use approval, provided that they are directly related to the negative impacts of the quarry.

   (C)   All uses shall be established and maintained in accordance with all applicable state statutes. If any of the requirements of this chapter are less than those in applicable state statutes, the state requirements shall prevail.

   (D)   The applicant shall file with the Planning Commission a performance bond in the amount as the Village Engineer shall deem sufficient to ensure completion of the work following excavation pursuant to the conditions as set forth in § 153.115.

   (E)   All uses shall be enclosed by a fence, adequate to prevent trespass and eight feet in height, and for the entire periphery of the excavation area. The top of the slope of the excavation shall not be closer than 50 feet from the property line.

   (F)   No slope shall exceed an angle with the horizontal of 45 degrees.

   (G)   All slopes and banks shall be reasonably graded and treated to prevent erosion or any other potential deterioration.

   (H)   The Planning Commission shall establish 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. That portion of access roads within the area of operation shall be provided with a dustless surface.

   (I)   All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to single property, any individual, or to the village in general.

   (J)   Proper measures, as determined by the Planning Commission, shall be taken to minimize the nuisance of noise and flying dust or rock. The measures may include, when considered necessary, limitations upon the practice of stockpiling of excavated materials on the site.

   (K)   When excavation and removal operations are completed, the excavated area shall be graded so that no gradients in disturbed earth shall be steeper than a slope of three-one (horizontal-vertical). A layer of arable topsoil, of a quality approved by the Village Engineer, shall be spread over the excavated area, except exposed rock surfaces, to a minimum depth of four inches in accordance with an approved contour plan. The area shall be seeded with a perennial rye grass and maintained until the area is stabilized and approved by the Planning Commission.

   (L)   All areas within any single development shall be rehabilitated as they are worked out or abandoned so that they shall comply with the rehabilitation plan as approved by the issuance of the special use permit.

   (M)   Any extension of quarrying operations beyond the property lines actually quarried at the effective date of this chapter shall be considered as a new operation and shall require a special use permit. Any extension of an approved quarrying operation that was not included in the original special use permit shall require another special use permit.

   (N)   All existing pits at the effective date of this chapter shall be inspected by the Zoning Administrator to determine the nature and extent of nonconformity. The uses found to be nonconforming shall be so recorded and newly-excavated areas shall conform to the provisions of this chapter and rehabilitation of the presently operated nonconforming pit shall be made conforming as required through the issuance of a special use permit within one year of the inspection by the Zoning Administrator.

(Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021)

   (A)   Pursuant to Section 205(1) of Public Act 281 of 2016 (commercial-scale medical marijuana) and Section 6.1 of Initiated Law 1 of 2018 (adult use marijuana), the village authorizes the following state-licensed marijuana facilities for operation within the municipality: growers, processors, safety compliance facilities, secure transporters, and marijuana provisioning centers.

   (B)   A special use permit may be granted for the following marijuana uses, if they are located in an M-1 zoning district, west of Elm Road, and not on lots abutting Grand River Avenue. The area where marijuana businesses can be approved shall be denoted on the village's official zoning map.

      (1)   Marijuana grow operations.

      (2)   Marijuana processing facilities.

      (3)   Marijuana safety compliance facilities.

      (4)   Marijuana secure transporters.

   (C)   A special use permit may be granted for a marijuana provisioning center, if the location meets the following requirements:

      (1)   Located in an HC Zoning District.

      (2)   No less than 1,000 feet from an existing approved marijuana provisioning center.

      (3)   West of Elm Road.

      (4)   Not abutting Grand River Avenue.

   (D)   All special use permits granted to the marijuana uses listed above shall be conditioned on the licensing of the facility by the State of Michigan. Facilities must meet all state requirements, including but not limited to those of LARA and the MDEQ. Facilities must maintain an active license from the State of Michigan under Public Act 281 of 2016 (commercial-scale medical marijuana) and/or Initiated Law 1 of 2018 (adult use marijuana) at all times in order to operate.

   (E)   The following shall apply to grow operations, processing facilities, and safety compliance facilities:

      (1)   All facilities must be designed and operated to minimize the amount of pesticides, fertilizers, nutrients, marijuana, and other potential contaminants discharged into the public wastewater and/or stormwater systems.

      (2)   All facilities must be designed to minimize odors emanating from the marijuana plants.

      (3)   All facilities must maintain a secure, closed, clean environment in the room where marijuana is to be stored, grown, processed, or tested, in order to prevent outside contamination and prevent the inadvertent and/or unauthorized removal of marijuana from the facility. All facilities must provide shower and locker room facilities for employees to ensure the provision of a clean environment.

      (4)   All facilities must have adequate security to prevent access to the marijuana by non-authorized personnel, including unauthorized removal. All rooms that contain marijuana, in any form, must be individually locked and accessible only to authorized personal.

      (5)   All drying, soil mixing, testing, processing, and other non-growing activities must take place in a separate room from any growing activities.

      (6)   All facilities must be in compliance with the standards of this chapter, including but not limited to the standards in § 153.062(E), at all times.

   (F)   The following shall apply to secure transporters:

      (1)   All facilities, vehicles, and processes must be designed and operated to minimize the amount of pesticides, fertilizers, nutrients, marijuana, and other potential contaminants discharged into the public wastewater and/or stormwater systems.

      (2)   All facilities, vehicles, and processes must be designed to minimize odors emanating from the marijuana plants.

      (3)   All operations must have processes in place to prevent the contamination or pollination of the marijuana during the loading and unloading process.

      (4)   All facilities, vehicles, and processes must have adequate security to prevent access to the marijuana by non-authorized personnel, including unauthorized removal. All marijuana must be stored in hermetically sealed containers prior to transport.

      (5)   All operations must be in compliance with the standards of this chapter, including but not limited to the standards in § 153.062(E), at all times.

   (G)   The following shall apply to provisioning centers:

      (1)   All facilities must be designed to minimize odors emanating from the marijuana plants.

      (2)   All facilities must have adequate security to prevent access to the marijuana by non-authorized personnel, including unauthorized removal. All rooms that contain marijuana, in any form, must be individually locked and accessible only to authorized personnel.

      (3)   No facility shall be open to the general public between the hours of 10:00 p.m. and 8:30 a.m.

      (4)   No parking, other than by security employees of the provisioning center, shall be allowed at the facility between 11:00 p.m. and 7:00 a.m.

      (5)   The facility shall operate entirely within an enclosed building. No outdoor sales shall be permitted. Curbside service may be authorized by the Village Council on a temporary basis.

      (6)   No smoking, inhalation, or consumption of marijuana shall take place on the premises of the facility.

      (7)   All operations must be in compliance with the standards of this chapter, including but not limited to the standards in § 153.062(E), at all times.

   (H)   If approved for a special use, and after payment of a fee to be determined by the Village Council, marijuana facilities shall be issued an operating license.

      (1)   The operating license must be renewed annually, through the payment of a fee to be determined by the Village Council and through compliance with the requirements of the State of Michigan and this chapter as demonstrated through an inspection by the Building Official or his or her designee.

      (2)   The Operating License and State Marijuana Facility License must be displayed in plain view clearly visible to village officials and Marijuana Licensing Board authorized agents.

      (3)   All license holders shall be subject to periodic inspection, and shall make their facilities available to any and all authorized state and local building inspectors, environmental inspectors, and law enforcement personnel.

      (4)   Consistent with the Michigan Zoning Enabling Act, special use approvals shall be designated to the property where the special use is approved, not to the entity or individual applying for the special use permit. However, the Operating License shall be granted to a particular entity or individual. The Operating License shall not be transferable to any other entity or individual, nor shall it be transferable to any other lot within the village.

      (5)   An entity or individual wishing to operate a marijuana business on a lot where a special use has been approved, but where no Operating License is active, shall apply to amend the special use to reflect the proposed new Operating License. Amending the special use shall have the same process as obtaining a new special use permit, as described in this chapter.

   (I)   Within 30 days after special use approval, the village shall provide the following to the Medical Marijuana Licensing Board:

      (1)   A copy of this chapter.

      (2)   A copy of any zoning regulations that apply to the applicant facility.

      (3)   A description of any violation of this chapter or applicable zoning regulations committed by the applicant, but only if those violations related to activities licensed under Public Act 281 of 2016 (commercial-scale medical marijuana) and/or Initiated Law 1 of 2018 (adult use marijuana).

   (J)   No person who has opened or operated a facility doing business or purporting to do business under this section without first obtaining a special use permit and a State Operating License shall be eligible for an Operating License under this chapter.

   (K)   Licensed medical marijuana caregivers authorized by the State of Michigan under Initiated Law 1 of 2008 (which legalized marijuana caregivers but not commercial-scale medical marijuana) shall be considered home occupations, shall not be permitted to operate in the M-1 or HC Zoning Districts, and must comply will all applicable village ordinances, including, but not limited to, § 153.062(E) and § 153.124, and all applicable state laws. No more than one caregiver shall operate on any given lot.

   (L)   A special use permit for a medical marijuana use authorized by this chapter and approved by the Village Council prior to November 6, 2018 may be converted into a special use permit for a general marijuana use (which could include medical, recreational, or both), through approval by the Village Council. The applicant need not repeat the special use process. Instead, the Village Council shall approve the conversion from medical to general if the following requirements are met.

      (1)   The use is in compliance with all conditions of its ongoing special use permit, and will continue to be in compliance with all conditions of its ongoing special use permit after the transition to a general marijuana use.

      (2)   The use is in compliance with all state requirements and is either licensed by the state or in the process of becoming licensed with the state.

      (3)   Any revisions to the original approvals for the use necessitated by the conversion from medical to general must be accomplished in the following fashion:

         (a)   Revisions to the conditions of a special use permit may be approved through repeating the special use process (which may include a conversion to a general marijuana use), or during an annual renewal of a special use (at which time, the conversion approval may also take place).

         (b)   Revisions to the approved site plan may be approved through Village Council approval of a revised site plan. The conversion approval may also take place in conjunction with the revised site plan approval.

   (M)   Special use permits issued under this section may be revoked by the Village Council for any of the following:

      (1)   Knowing fraudulent or material misrepresentation contained in the application.

      (2)   A pattern of knowing violations of this section, after reasonable notice and opportunity to cure.

      (3)   A loss after final determination of the State Medical Marihuana Licensing Board of the permit holder's State Medical Marihuana Facility License.

      (4)   Failure or refusal to pay the annual fee.

(Res., passed 6-11-2019; Ord., passed 8-10-2021)