Application for a special land use permit shall be made to the zoning administrator and shall include the following:

(1)

A site plan containing the information required by Section 8.100(e)(4) in the quantity as specified on the special land use application.

(2)

A completed application form.

(3)

Payment of an application fee, which shall be nonrefundable, as established from time to time by resolution of the city council.

(a)

Upon receipt of an application for a special land use permit, the zoning administrator shall cause notice to be given of a special land use public hearing, in accordance with the requirements of the Michigan Zoning Enabling Act (MCL 125.3101 et seq.).

(b)

Following notice, the planning commission shall hold a public hearing on the special land use permit application.

(c)

The planning commission may approve, approve with conditions, or deny the special land use permit request, based upon review and consideration of materials submitted with the application and comments received at the public hearing.

(a)

The planning commission shall approve, or approve with conditions, a special land use permit request only upon a finding that all of the following general standards for approval are complied with:

(1)

The use is designed and constructed, and will be operated and maintained, so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, will be compatible with adjacent uses of land, and will not change the essential character of the area in which it is proposed.

(2)

The use is, or will be as a result of the special land use permit, served adequately by public services and facilities, including, but not limited to, streets, police and fire protection, drainage structures, refuse disposal, water and sewer facilities and schools.

(3)

The use does not involve activities, processes, materials and equipment or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of traffic, noise, smoke, fumes, glare or odors.

(4)

The use will be compatible with the natural environment and will be designed to encourage conservation of natural resources and energy.

(5)

The site plan proposed for such use demonstrates compliance with the special land use specific design standards contained in Section 9.106.

(b)

The decision of the planning commission shall be incorporated in a statement of conclusions specifying the basis of the decision and any conditions imposed. The decision and statement of conclusions, including conditions imposed on any approval, shall be kept and made a part of the minutes of the planning commission.

(a)

The planning commission may impose reasonable conditions in conjunction with approval of a special land use permit which are deemed necessary to ensure compliance with the general standards for approval in Section 9.102 and the specific design standards of Section 9.106.

(b)

Conditions shall be imposed in accordance with the Michigan Zoning Enabling Act (MCL 125.3101 et seq.).

(a)

A special land use permit granted shall be valid for one year from the date of approval, unless approval is revoked as provided in Section 9.105, or the special land use has been initiated, or construction necessary for such use has been initiated, and is proceeding meaningfully toward completion, in which case the approval shall remain valid indefinitely, unless the use is abandoned or discontinued for six consecutive months.

(b)

If, by the end of this one-year period, the special land use has not been initiated or construction necessary for such use has not been initiated or, if construction has been initiated but is not proceeding meaningfully toward completion, then the special land use permit shall be deemed expired and no longer valid.

(c)

A special land use permit, including conditions imposed, is attached to and shall run with the land for which the permit is granted, and shall be binding upon subsequent owners and all occupants of the subject land.

(d)

Reapplication for approval of an expired special land use permit shall be considered in the same manner as the original application.

The planning commission may revoke any special land use permit, or take any other action allowed by law, if the applicant fails to comply with any of the applicable requirements in this article, any conditions placed on the permit by the planning commission, or any other applicable provisions of this ordinance. Prior to revoking a special land use permit, the planning commission shall conduct a public hearing and give notice of such hearing in accordance with Section 9.101.

The following special land uses shall be subject to the requirements of the district in which it is located, in addition to all the applicable conditions, standards, and regulations as are cited in this article. The following uses have such conditions, standards, or regulations:

Adult bookstores, adult live entertainment, adult motion picture theaters, and massage parlors.

Banks, credit unions, savings and loan associations, and other similar uses, as determined by the zoning administrator, having drive-through facilities.

Bed and breakfast establishments.

Body shops.

Bowling alleys.

Bus passenger waiting stations.

C-2 indoor recreational facilities, excluding bowling alleys.

Cafeterias and banquet facilities for the public.

Children's day care providers not in a church or a school.

Commercial storage warehouses.

Conference centers not in a church or school.

Connector corridors.

Exercise centers, health and fitness clubs, and indoor recreation centers not in a church or school.

Funeral homes and mortuary establishments.

Garages and accessory buildings and structures in excess of 100 square feet in the C-2 Central Business district.

General and psychiatric hospitals.

Group day care homes.

Hotels and motels.

Housing for the elderly.

I-1 and I-2 indoor recreational facilities and indoor public assembly uses.

Incinerators which are accessory to a permitted use as listed in Section 3.1601.

Indoor police small arms firing ranges.

Large vehicle repair facilities.

LED signs.

Light vehicle repair facilities.

Lumber and planing mills.

Lumberyards.

Manufacture, compounding, processing, packaging, or treatment of products requiring stamping or punch press operations.

Manufacture of corrosive acid or alkali, cement, lime, gypsum, or plaster of Paris.

Medical equipment loan and re-use suppliers not in a church or school.

Medical offices and buildings used for medical purposes.

Metal plating, buffing, and polishing.

Nonprofit bus and van transportation companies.

Off-street parking lots.

Open air businesses.

Outdoor storage, display area, and sale of farm implements and commercial construction equipment.

Outside storage yards which are accessory to a permitted use as listed in Section 3.1601.

Overnight lodging programs and care providers.

Planned industrial parks (PIPs).

Planned unit developments (PUDs).

Private and public social services agencies and counselors providing services to clients at the site.

Private noncommercial recreation areas and institutional or community recreation centers.

Production, refining, or storage of petroleum or other inflammable liquids.

Recycling centers.

Redevelopment of existing buildings.

Restaurants, exclusive of drive-through facilities.

Restaurants, with drive-through facilities.

Retail sales incidental to construction contractor's establishments which require a workshop and retail outlet or showroom.

Rooming houses.

Salvage yards, junkyards.

Senior citizen centers not in a church or a school.

Signs.

Site plan condominiums.

Skill coaches, teachers, and personal trainers not in a church or school.

Theaters and concert halls, not in the PF district.

Theaters, concert halls, and other places for public assemblies in the PF district.

Therapy clinics.

Thrift stores and distribution centers for the needy.

Truck terminals.

Utility and public service buildings, without storage yards, but not including essential public services such as poles, wires, and underground utility systems.

Vehicle service stations, excluding body shops.

Vehicle wash establishment, either self-serve or automatic.

Veterinary hospitals, veterinary clinics, and commercial kennels.

Youth centers not in a church or a school.

(Ord. No. 933, § 2, 9-16-2013; Ord. No. 966, § 2, 6-19-2017)

Adult bookstores, adult live entertainment, adult motion picture theaters, and massage parlors are subject to the following conditions, standards and regulations:

(1)

The lot or parcel on which the use is located shall not be closer than 1,000 feet from any residential use or zoning district, school, church, or park, measured from lot line to lot line.

(2)

The use is not located within a 1,000 foot radius of two other such uses, measured from lot line to lot line.

Banks, credit unions, savings and loan associations, and other similar uses, as determined by the zoning administrator, having drive-through facilities are subject to the following conditions, standards and regulations:

(1)

Sufficient stacking capacity for the drive-through portion of the operation shall be provided to ensure that traffic does not extend into the public right-of-way. A minimum of four stacking spaces for each drive-through teller operation, whether personal or automatic, shall be provided.

(2)

Parking areas shall have a front yard setback of 20 feet and side and rear yard setbacks of ten feet.

(3)

Access driveways shall be located no less than 25 feet from the centerline of the intersection of any street or any other driveway.

Bed and breakfast establishments are subject to the following conditions, standards and regulations:

(1)

The establishment shall be directly serviced by public water and sanitary sewer services.

(2)

The establishment shall be located on property with direct access to a public street.

(3)

No such use shall be permitted on any property where there exists more than one other bed and breakfast establishment within 750 feet, measured between the closest property lines.

(4)

Such uses shall only be established in a single-family detached dwelling.

(5)

Parking shall be located to minimize negative impacts on adjacent properties.

(6)

The number of guestrooms in the establishment shall not exceed three, plus one additional guestroom for each 10,000 square feet or fraction thereof by which the lot area of the use exceeds one acre, not to exceed seven guestrooms in any case.

(7)

Exterior refuse storage facilities beyond what might normally be expected for a single-family detached dwelling shall be prohibited.

(8)

Signs for bed and breakfast establishments shall comply with the requirements of the district in which they are located.

(9)

The establishment shall contain the principal residence of the operator.

(10)

Accessory retail or service uses to a bed and breakfast establishment shall be prohibited, including but not limited to gift shops, antique shops, restaurants, bakeries, and so forth.

(11)

Meals shall be served only to the operator's family, employees, and overnight guests.

Body shops are subject to the following conditions, standards and regulations:

(1)

The principal and accessory buildings and structures shall not be located within 100 feet of any residential use or district property line.

(2)

Minimum lot area shall be one acre and minimum lot width shall be 250 feet.

(3)

All equipment and activities associated with vehicle repair operations, except those in incidental use, such as air hoses, shall be kept within an enclosed building.

(4)

Inoperative vehicles left on the site shall, within 48 hours, be stored within an enclosed building, or in an area screened by an opaque fence not less than six feet in height. Such fence shall be constructed in accordance with the requirements of Section 8.101(d)(3) and continuously maintained in good condition.

(5)

Storage of vehicle components and parts, trash, supplies, or equipment outside of a building is prohibited.

(6)

Access driveways shall be located no less than 25 feet from the centerline of the intersection of any street or driveway.

(7)

Where adjoining residentially zoned or used property, a solid wall or fence, six feet in height shall be erected along any common lot line. Such fence or wall shall be constructed in accordance with the requirements of Section 8.101(d)(3), and continuously maintained in good condition.

Bowling alleys are subject to the following conditions, standards and regulations:

(1)

The principal and accessory buildings and structures shall be located no closer than 100 feet to any residential use or district property line.

(2)

Minimum lot area shall be one acre and minimum lot width shall be 250 feet.

(3)

Access driveways shall be located no less than 50 feet from the centerline of the intersection of any street or driveway.

Bus passenger waiting stations are subject to the following conditions, standards and regulations:

(1)

A vehicle waiting/drop-off area of not less than ten spaces shall be provided on site.

(2)

Passenger loading areas must be lighted. Lighting shall be shielded to prevent light from spilling onto any residential district or use.

C-2 indoor recreational facilities, excluding bowling alleys, are subject to the following conditions, standards and regulations:

(1)

An indoor recreational facility must be operated as a commercial business.

(2)

An indoor recreational facility must be open at least 40 hours per week throughout the entire year.

(3)

The activities of the indoor recreational facility must not be deemed to create a nuisance for adjacent parcels and for the public.

Cafeterias and banquet facilities for the public are subject to the following conditions, standards and regulations:

(1)

The hours of operation must be specified in the special land use permit and must be approved by the planning commission.

(2)

The total number of operating hours must not exceed 16 hours per day.

(3)

No more people than the number permitted in the occupancy permit may be seated at any one time in the cafeteria.

(4)

A parking plan must be approved for this use, and the parking needs for the use must not exceed the number of available parking spaces in the dedicated parking lots for the facility when taking into account the other users of the property. No overnight truck parking shall be permitted in any front yard.

(5)

The required landscaping must be maintained and the grounds for the facility must be policed so as to prevent paper and trash from accumulating on the site.

(6)

A dumpster area must be approved and regular dumpster service must be provided.

(7)

The facility must comply with other requirements as may be deemed to be reasonably necessary by the planning commission.

Children's day care providers, not in a church or in a school are subject to the following conditions, standards and regulations:

(1)

The hours of operation must be specified in the special land use permit and must be approved by the planning commission.

(2)

A child may not stay for day care for 24 hours a day.

(3)

Day care providers shall only provide services for children who are age 14 or younger.

(4)

A children's day care provider must be fully licensed and certified by the state and the county.

(5)

A parking plan must be approved for this use, and the parking needs for the use must not exceed the number of available parking spaces in the dedicated parking lots for the facility when taking into account the other users of the property. No overnight truck parking shall be permitted in any front yard.

(6)

The required landscaping must be maintained and the grounds for the facility must be policed so as to prevent paper and trash from accumulating on the site.

(7)

The facility must comply with other requirements as may be deemed to be reasonably necessary by the planning commission.

Commercial storage warehouses are subject to the following conditions, standards and regulations:

(1)

Minimum lot area shall be two acres.

(2)

A residence may be permitted on the premises for security personnel or on-site operator. The residence shall conform to the minimum requirements for a single-family detached dwelling in the R-3 district.

(3)

Parking and circulation.

a.

One parking space shall be provided for each ten storage cubicles, equally distributed throughout the storage area. The parking requirement may be met with the parking lanes required for the storage area.

b.

Two parking spaces shall also be required for the residence of security personnel or on-site operator employed on the premises.

c.

One parking space shall also be required for every 20 storage cubicles, up to a maximum of ten spaces, to be located adjacent the rental office, for the use of customers.

d.

The following parking lanes and access aisles shall be required. The parking lanes may be eliminated when the access aisle does not serve storage cubicles.

(4)

All driveways, parking, loading, storage, and vehicular circulation areas shall be paved.

Conference centers, not in a church or in a school are subject to the following conditions, standards and regulations:

(1)

The conference center hours for those participants who are not staying overnight shall be between 6:00 a.m. and 10:00 p.m.

(2)

A parking plan must be approved for this use, and the parking needs for the use must not exceed the number of available parking spaces in the dedicated parking lots for the facility when taking into account the other users of the property. No overnight truck parking shall be permitted in any front yard.

(3)

The required landscaping must be maintained and the grounds for the facility must be policed so as to prevent paper and trash from accumulating on the site.

(4)

The facility must comply with other requirements as may be deemed to be reasonably necessary by the planning commission.

Connector corridors between buildings of adjacent property owners are subject to the following conditions, standards and regulations:

(1)

If the connector corridors are needed for a business purpose for which there are not other practical alternatives.

(2)

If the connector will not endanger the public or any private individual or public or private property.

(3)

If the connector corridor is constructed in accordance with the state construction code, and if the buildings to which they are connected meet the state construction code and fire prevention codes requirements.

(4)

If the connector corridors are constructed of material which is of a similar nature and appearance to the buildings to which they are connected.

(5)

If the connector corridor is less than 20 feet in width.

(6)

If no more than one connector corridor will be present between the same two buildings.

(7)

If property owners for the buildings to be connected consent to the connection and agree in writing to hold the City of Zeeland harmless as the result of the existence of the connecting corridor and enter into an agreement as may be required by the planning commission. Such contract shall provide for the circumstances under which the connector corridor shall be dismantled, shall hold the city harmless and shall provide that the city shall be reimbursed for all expenses or attorney fees incurred in the enforcement of such agreement, shall provide that the connector corridor may be removed by the city in the event of default of a party or emergency at no cost to the city, and such other provisions as may be required by the city.

Exercise centers, health and fitness clubs, and indoor recreation centers, not in a church or in a school are subject to the following conditions, standards and regulations:

(1)

The hours of operation must be specified in the application and the permitted hours of operation shall only be between 6:00 a.m. and 10:00 p.m.; provided further that the hours must be approved by the planning commission.

(2)

A parking plan must be approved for this use, and the parking needs for the use must not exceed the number of available parking spaces in the dedicated parking lots for the facility when taking into account the other users of the property. No overnight truck parking shall be permitted in any front yard.

(3)

The required landscaping must be maintained and the grounds for the facility must be policed so as to prevent paper and trash from accumulating on the site.

(4)

The facility must comply with other requirements as may be deemed to be reasonably necessary by the planning commission.

Funeral homes and mortuary establishments are subject to the following conditions, standards and regulations:

(1)

Lighting for parking areas or outdoor activity areas shall be shielded to prevent light from spilling onto any residential district or use.

(2)

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

(3)

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.

(4)

No waiting lines of vehicles shall extend off site or onto any public street.

(5)

Access driveways shall be located no less than 25 feet from the centerline of the intersection of any street or any other driveway.

Garages and accessory buildings and structures in the C-2 Central Business District which are in excess of 100 square feet are subject to the following conditions, standards and regulations:

(1)

The exterior of such a building and structure must have a similar style, texture, and color, and be made of comparable materials to that of the principal building; provided, however, that for the walls which are not visible because of adjacent buildings, that alternative materials may be used.

(2)

The accessory building and structure must not be closer to the public right-of-way than is the principal building and structure.

(3)

A garage or an accessory building or structure which serves as a vehicle storage area must have a driveway which is entirely paved and the driveway must be at least five feet in length.

(4)

A garage and accessory building must be totally enclosed.

General and psychiatric hospitals are subject to the following conditions, standards and regulations:

(1)

A greenbelt around the site in the amount of 50 feet must be maintained.

(2)

A site must consist of at least 20 acres.

(3)

A parking plan must be approved for this use, and the parking needs for the use must not exceed the number of available parking spaces in the dedicated parking lots for the facility when taking into account the other users of the property. No overnight truck parking shall be permitted in any front yard.

(4)

The required landscaping must be maintained and the grounds for the facility must be policed so as to prevent paper and trash from accumulating on the site.

(5)

The facility must comply with other requirements as may be deemed to be reasonably necessary by the planning commission.

Group day care homes are subject to the following conditions, standards and regulations:

(1)

A drop off/pick up area shall be provided for motorists off the public street, which permits vehicles to exit the property without backing into the street.

(2)

Fencing no less than four feet nor more than six feet in height shall be provided around all outdoor areas accessible to children.

(3)

There shall be a contiguous open space of a minimum of 1,200 square feet provided on the subject parcel. Said open space shall not be located within a required front yard setback area. This requirement may be waived by the planning commission if public open space is available within 500 feet of the subject parcel, measured from the nearest lot line of the use to the nearest lot line of the public open space.

State Law reference— Planned unit development, MCL 125.3503.

Hotels and motels are subject to the following conditions, standards and regulations:

(1)

Minimum lot area shall be four acres and minimum lot width shall be 200 feet.

(2)

Parking areas shall have a front yard setback of 20 feet and side and rear yard setback of ten feet.

(3)

Access driveways shall be located no less than 50 feet from the centerline of the intersection of any street or any other driveway.

Housing for the elderly is subject to the following conditions, standards and regulations:

(1)

All dwelling units in the building shall have a minimum of 450 square feet per unit.

(2)

Retail and service uses may be permitted on the site if such uses are accessory to the elderly housing use. All such uses shall be within the principal residential structure. No exterior signs of any type are permitted.

(3)

The allowable density of the zoning district may be increased by no more than 50 percent for all nursing care units licensed by the State of Michigan and no more than 25 percent for nonlicensed nursing care and supportive care units.

(4)

All medical waste facilities shall be secured and meet the requirements of the State of Michigan.

(5)

Walkways shall be provided from the main building entrances to the sidewalk along the adjacent public street.

(6)

The maximum height may be increased by one story for each additional 40 feet the building is set back from all required yards.

Indoor recreational facilities and indoor public assemblies in the I-1 and I-2 districts are subject to the following conditions, standards and regulations:

(1)

All of such recreational uses and public assemblies are to occur within an enclosed building, and no outdoor events shall be permitted at such sites.

(2)

Any signage for such uses must comply with the applicable district sign regulations.

(3)

Paved parking shall be provided which equals or exceeds either that which would be required for the industrial use of such property or the parking requirements for the proposed use if such use were located in any other district.

(4)

If the applicant agrees to comply with any other requirement which may be established by the planning commission, following a public hearing upon the proposed use, and which requirement is reasonably designed to protect the public health, safety, and welfare.

(5)

Upon the applicant signing an affidavit that it shall not object to any adjacent industrial use, provided that such industrial use is not in violation of any city ordinance.

Incinerators which are accessory to a permitted use as listed in Section 3.1601 are subject to the following conditions, standards and regulations:

(1)

Incinerators shall not be approved when the lot on which the permitted public facility use is located is adjacent to a residential district or use.

(2)

The incinerator shall not be located nearer than 100 feet to any lot line.

Indoor police small arms firing ranges are subject to the following conditions, standards and regulations: The principal and accessory buildings and structures shall not be located within 1,000 feet of any residential use or district.

A large vehicle repair facility is a facility which repairs vehicles which are larger than pickups, trailers, large recreational vehicles, and/or agricultural equipment. Large vehicle repair facilities are subject to the following conditions, standards and regulations:

(1)

All equipment and activities associated with vehicle repair operations, except those in incidental use, such as air hoses, shall be kept within an enclosed building or in the rear yard.

(2)

Storage of vehicle components and parts, trash, supplies, or equipment outside of a building is prohibited.

(3)

Where adjoining residentially or commercially zoned or used property, a solid wall or fence six feet in height shall be erected along parts or all of any common lot line as may be required by the planning commission. Such fence or wall shall be constructed in accordance with the requirements of Section 8.101(d) and continuously maintained in good condition.

(4)

If retail sales of convenience goods are conducted on the premises, parking for such uses shall be computed and provided separately for that use.

(5)

Canopy roofs shall be permitted to encroach into any required yard, provided that a minimum setback of five feet is maintained, and further provided that the fascia of such canopy is a minimum of ten feet above the average grade.

(6)

Only one access driveway shall be permitted on any single street. Access driveways shall be located no less than 25 feet from the centerline of the intersection of any street or any other driveway.

LED signs are subject to the following conditions, standards and regulations:

(1)

The LED sign must not create a traffic hazard.

(2)

An LED sign in the PF, Public facility zone district must be nonlooping, (its message must not change) between the hours of 10:00 p.m. and 6:00 a.m.

(3)

Compliance with such other conditions as may also be required for special land use signs as are provided for in Section 9.156.

(4)

Compliance with all other conditions and requirements as may be established by the planning commission on the basis of the location, size and surrounding environment of the sign.

(Ord. No. 963, § 2, 1-16-2017)

Editor's note— Ord. No. 963, § 2, adopted Jan. 16, 2017, changed the title of § 9.130 from "LED signs" to read as herein set out.

A light vehicle repair facility is defined as being a facility which repairs cars, vans, motor cycles, pick-ups, and/or small recreational vehicles such as snowmobiles and four-wheelers. Light vehicle repair facilities are subject to the following conditions, standards and regulations:

(1)

All equipment and activities associated with vehicle repair operations, except those in incidental use, such as air hoses, shall be kept within an enclosed building or in the rear yard.

(2)

Storage of vehicle components and parts, trash, supplies, or equipment outside of a building is prohibited.

(3)

Where adjoining residentially or commercially zoned or used property, a solid wall or fence, six feet in height shall be erected along parts or all of any common lot line as may be required by the planning commission. Such fence or wall shall be constructed in accordance with the requirements of Section 8.101(d) and continuously maintained in good condition.

(4)

If retail sales of convenience goods are conducted on the premises, parking for such uses shall be computed and provided separately for that use.

(5)

Canopy roofs shall be permitted to encroach into any required yard, provided that a minimum setback of five feet is maintained, and further provided that the fascia of such canopy is a minimum of ten feet above the average grade.

(6)

Only one access driveway shall be permitted on any single street. Access driveways shall be located no less than 25 feet from the centerline of the intersection of any street or any other driveway.

Lumber and planing mills are subject to the following conditions, standards and regulations: The principal and accessory buildings and structures shall not be located within 200 feet of any residential use or district property line.

Lumberyards are subject to the following conditions, standards and regulations:

(1)

The lot area used for parking, display, or storage shall be provided with a permanent, durable and dustless surface, and shall be graded and drained so as to dispose of all surface water.

(2)

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

(3)

Materials stored within ten feet of the property line of the use may be stacked to a height not exceeding ten feet.

(4)

Lighting for parking and outdoor storage areas shall be shielded to prevent light from spilling onto any residential district or use property line.

Manufacture, compounding, processing, packaging, or treatment of products requiring stamping or punch press operations is subject to the following conditions, standards and regulations: The principal and accessory buildings and structures shall not be located within 200 feet of any residential use or district property line.

Manufacture of corrosive acid or alkali, cement, lime, gypsum, or plaster of Paris is subject to the following conditions, standards and regulations:

(1)

Access driveways shall be located no less than 100 feet from the centerline of the intersection of any street or any other driveway.

(2)

The principal and accessory buildings and structures, shall not be located within 800 feet of any residential use or district.

Medical equipment loan and re-use suppliers, not in a church or in a school are subject to the following conditions, standards and regulations:

(1)

This business may operate for up to 24 hours per day.

(2)

A parking plan must be approved for this use, and the parking needs for the use must not exceed the number of available parking spaces in the dedicated parking lots for the facility when taking into account the other users of the property. No overnight truck parking shall be permitted in any front yard.

(3)

The required landscaping must be maintained and the grounds for the facility must be policed so as to prevent paper and trash from accumulating on the site.

(4)

The facility must comply with other requirements as may be deemed to be reasonably necessary by the planning commission.

Medical offices and buildings used for medical purposes are subject to the following conditions, standards and regulations:

(1)

All suites or rental units of the site must be used by licensed medical personnel or by another permitted use.

(2)

Any signage for the building and/or use must comply with the applicable district sign regulations.

(3)

Paved parking shall be provided which equals or exceeds either that which would be required for the industrial use of such property or the parking requirements for the proposed use if such use were located in any other district.

(4)

If the applicant agrees to comply with any other requirement which may be established by the planning commission, following a public hearing upon the proposed use, and which requirement is reasonably designed to protect the public health, safety, and welfare.

(5)

Upon the applicant signing an affidavit that it shall not object to any adjacent industrial use, provided that such industrial use is not in violation of any city ordinance.

Metal plating, buffing, and polishing are subject to the following conditions, standards and regulations: The principal and accessory buildings and structures shall not be located within 200 feet of any residential use or district property line.

Nonprofit bus and transportation companies are subject to all of the following conditions, standards and regulations:

(1)

Lighting for parking areas shall be shielded to prevent light from spilling onto any residential structure.

(2)

Unless otherwise provided in the district in which the parking lot is located, parking areas shall maintain a ten-foot setback from all property lines, which shall be landscaped.

(3)

The parking lot must be adequately screened, in accordance with Section 8.101(b), with berms, walls, fences, landscaping, or a combination thereof, to adequately screen vehicles and headlights from adjacent residential districts or uses.

(4)

All vehicles on-site must be licensed and operable.

(5)

No vehicle service or repair work, except for the washing of vehicles, may occur on-site unless it is performed inside an enclosed building.

(6)

All vehicles must be parked on a hard paved surface.

(7)

The amount of fleet vehicles on-site may not reduce the amount of available parking spaces for other uses on the premises to an amount that is less than the amount that is required for all uses(s) on the premises.

(Ord. No. 966, § 3, 6-19-2017)

Off-street parking lots are subject to the following conditions, standards and regulations:

(1)

Lighting for parking areas shall be shielded to prevent light from spilling onto any residential district or use.

(2)

Unless otherwise provided in the district in which the parking lot is located, parking areas shall maintain a ten-foot setback from all property lines, which shall be landscaped.

(3)

The parking lot must be adequately screened, in accordance with Section 8.101(b), with berms, walls, fences, landscaping, or a combination thereof, to adequately screen vehicles and headlights from adjacent residential districts or uses.

Open air businesses are subject to the following conditions, standards and regulations:

(1)

An open air business shall operate in such a manner so as to prevent trash, paper and other debris from blowing off the premises. In the event that trash, paper and other debris shall blow off the premises, the operator of the open air business shall pick up such items from any neighboring parcel.

(2)

The lot area used for parking, display, or storage shall be provided with a permanent, durable and dustless surface, and shall be graded and drained so as to dispose of all surface water.

(3)

Access driveways shall be located no less than 50 feet from the centerline of the intersection of any street or driveway.

(4)

Lighting for parking and outdoor storage areas shall be shielded to prevent light from spilling onto any residential district or use property line.

(5)

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

(6)

The operator of an open air business shall comply with any restriction which may be required by the planning commission, and shall provide screening if necessary, so as to protect an adjacent property owner or resident from any detrimental effect which may be present as the result of the operation of such an open air business.

(Ord. No. 973, § 1, 12-18-2017)

Outdoor storage, display area, and sale of farm implements and commercial construction equipment are subject to the following conditions, standards and regulations:

(1)

A six-foot fence or wall shall be constructed along the rear and sides of the lot, capable of keeping trash, paper and other debris from blowing off the premises.

(2)

The lot area used for parking, display, or storage shall be provided with a permanent, durable, and dustless surface, and shall be graded and drained so as to dispose of all surface water.

(3)

Access driveways shall be located no less than 50 feet from the centerline of the intersection of any street or any other driveway.

(4)

Lighting for parking areas or outdoor storage areas shall be shielded to prevent light from spilling onto any residential district or use.

(5)

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

Outside storage yards which are accessory to a permitted use as listed in Section 3.1601 are subject to the following conditions, standards and regulations:

(1)

Outside storage yards shall not cover an area greater than ten percent of the total lot area devoted to the public facility use.

(2)

A six-foot high, solid screen wall, landscaped berm, fence, or evergreen hedge shall be provided to screen all sides of the storage yard. Such fence or wall shall be constructed in accordance with the requirements of Section 8.101(d)(3) and continuously maintained in good condition.

Overnight lodging programs and care providers are subject to the following conditions, standards and regulations:

(1)

Any lodging program must be for:

a.

A camp or retreat which does not exceed ten days;

b.

Individuals who are age 62 years or older; or,

c.

Individuals who are developmentally and/or physically challenged.

(2)

No overnight programs with stays which are planned for more than ten days shall be permitted unless an approval for such specific event has been approved by the planning commission.

(3)

The program must provide a camp-type program and/or must be a program which is designed to accommodate and assist individuals with special physical needs or special mental needs.

(4)

The program must not be intended to serve individuals who have been convicted of criminal offenses or who are being treated for substance abuse problems.

(5)

Any outdoor programming shall be designed so as not to disturb the adjacent residential neighbors.

(6)

A plan for supervising program participants must be approved by the planning commission and supervisors and/or assistants must be present at the site at all times during the operating hours of the program.

(7)

A parking plan must be approved for this use, and the parking needs for the use must not exceed the number of available parking spaces in the dedicated parking lots for the facility when taking into account the other users of the property. No overnight truck parking shall be permitted in any front yard.

(8)

The required landscaping must be maintained and the grounds for the facility must be policed so as to prevent paper and trash from accumulating on the site.

(9)

The facility must comply with other requirements as may be deemed to be reasonably necessary by the planning commission.

(a)

Purpose. The purpose of a PIP is to permit and control the development of pre-planned, exclusive industrial areas. It is intended that a PIP afford industry reasonable protection from encroachment by retail, commercial, and residential uses, and that protection be afforded to adjacent uses.

(b)

Qualifying conditions.

(1)

The tract of land for which a PIP application is received must be either in one ownership or the subject of an application filed jointly by the owners of all properties.

(2)

The property which is the subject of a PIP application must be a minimum of 20 contiguous acres in total area.

(3)

The PIP shall have direct access to an arterial street, as designated in the Zeeland Major Thoroughfare Plan.

(4)

Utilities, roads, and other essential services shall be available at the time of purchase/leasing for the use of occupants purchasing/leasing sites in the PIP.

(c)

Review procedures.

(1)

To be considered as a PIP the applicant shall be required to first receive approval of a sketch plan in accordance with the requirements noted in Subsection (d) of this section.

(2)

After receiving approval of a sketch plan from the planning commission, the applicant shall within one year submit a final site plan to the planning commission. The final site plan may be for either the entire project or for one or more phases. Site plan approval shall be conducted in accordance with the requirements of Section 8.100. Failure to submit a site plan for approval within the one-year period shall void the previous sketch plan approval and a new application shall be required to be submitted and approved in accordance with these provisions.

(d)

Application for sketch plan approval. Applications for sketch plan approval for PIPs shall be submitted to the zoning administrator at least 30 days prior to the date of first consideration by the planning commission.

(1)

The application materials shall include all the following information, unless the zoning administrator determines that some of the required information is not reasonably necessary:

a.

Current proof of ownership of the land to be utilized or evidence of a contractual ability to acquire such land, such as an option or purchase agreement.

b.

Written documentation that the proposal meets the standards of Subsection (h) of this section.

c.

If a phased development is proposed, identification of the areas included in each phase.

d.

A completed application form (supplied by the zoning administrator) and an application fee.

e.

15 copies of plan sheets providing the information listed below. The information required below may be provided on a single sheet if clarity can be maintained.

1.

The applicant's name;

2.

Name of the development;

3.

The preparer's name and professional seal of architect, engineer, surveyor or landscape architect indicating license in the State of Michigan;

4.

Date of preparation and any revisions;

5.

North arrow;

6.

Complete and current legal description and size of property in acres;

7.

Small scale location sketch of sufficient size and scale;

8.

Property lines and dimensions;

9.

Zoning and current land use of applicant's property and all abutting properties and of properties across any public or private street from the site;

10.

Lot lines and all structures on the property and within 100 feet of the site's property lines;

11.

Locations of significant natural features;

12.

Existing topography at a minimum of five-foot contours;

13.

General locations for all proposed structures, with the acreage allotted to each use;

14.

General location and type of landscaping proposed (evergreen, deciduous, berm, etc.);

15.

Proposed locations of utility services; and,

16.

Site circulation and access design including indication of street rights-of-way, proposed access driveways and parking areas, and existing and proposed pedestrian/bicycle paths.

(2)

Changes in the sketch plan shall be submitted to the planning commission pursuant to the above procedures applicable to the original application.

(e)

Permitted uses. The following uses shall be permitted in accordance with the applicable PIP requirements: Permitted uses in the I-1 and I-2 districts.

(f)

Site development requirements.

(1)

Minimum lot area and width.

(2)

Minimum yard requirements.

*Where parking in the front yard is provided, the first 35 feet of the setback shall be landscaped in accordance with the requirements of Section 8.101(c).

(3)

All electric and telephone transmission wires shall be placed underground.

(4)

Landscaping and screening are required in accordance with Section 8.101.

(5)

Parking is required in accordance with Section 8.104.

(6)

Signs are permitted in accordance with the requirements of Section 8.105. The least intensive district in which the use is permitted shall be used in determining sign requirements.

(g)

General requirements.

(1)

Lots within the PIP may be combined to allow larger buildings.

(2)

For any areas to be held under common ownership, a document showing the future maintenance provisions shall be submitted to the planning commission prior to the granting of final site plan approval. Such provisions shall include mandatory membership of all property owners in any association designed for maintenance of the common area.

(h)

Approval standards. The planning commission shall consider and find that the standards noted below have each been satisfied before granting approval of any PIP.

(1)

The standards of Section 8.100(f).

(2)

The provisions and requirements of Section 9.102(a).

(3)

The provisions and requirements of Section 9.145(a), (b), (f) and (g).

(a)

Purpose and intent.

(1)

The purpose of a PUD is to permit greater flexibility in development than is generally possible under standard zoning district regulations. It is further intended to promote more efficient use of land while providing a harmonious variety of housing choices, the integration of necessary commercial and community facilities and the preservation of open space.

(2)

These PUD provisions are not intended as a device for ignoring the other requirements of this ordinance. These provisions are intended to result in land development substantially consistent with the underlying zoning.

(b)

Qualifying conditions.

(1)

The tract of land for which a PUD application is received must be either in one ownership or the subject of an application filed jointly by the owners of all properties.

(2)

The property which is the subject of a PUD application must be a minimum of five contiguous acres in total area.

(3)

To be considered as a PUD the proposed development must contain two or more separate and distinct uses, for example, single-family detached homes and multiple-family dwellings, or exhibit significant natural features which will be preserved as a result of the PUD plan.

(c)

Review procedures.

(1)

To be considered as a PUD the applicant shall be required to first receive approval of a sketch plan in accordance with the requirements noted below.

(2)

After receiving approval of a sketch plan from the planning commission, the applicant shall within one year submit a final site plan to the planning commission. The final site plan may be for either the entire project or for one or more phases. Site plan approval shall be conducted in accordance with the requirements of Section 8.100. Failure to submit a site plan for approval within the one-year period shall void the previous sketch plan approval and a new application shall be required to be submitted and approved in accordance with these provisions.

(d)

Application for sketch plan approval.

(1)

Applications for sketch plan approval for PUDs shall be submitted to the zoning administrator at least 30 days prior to the date of first consideration by the planning commission.

(2)

The application materials shall include all the following information, unless the zoning administrator determines that some of the required information is not reasonably necessary:

a.

Current proof of ownership of the land to be utilized or evidence of a contractual ability to acquire such land, such as an option or purchase agreement.

b.

Written documentation that the proposal meets the standards of this Section.

c.

If a phased development is proposed, identification of the areas included in each phase. For residential uses identify the number, type, and density of proposed housing units within each phase.

d.

A completed application form (supplied by the zoning administrator) and an application fee.

e.

15 copies of plan sheets providing the information listed below. The information required below may be provided on a single sheet if clarity can be maintained:

1.

The applicant's name;

2.

Name of the development;

3.

The preparer's name and professional seal of architect, engineer, surveyor or landscape architect indicating license in the State of Michigan;

4.

Date of preparation and any revisions;

5.

North arrow;

6.

Complete and current legal description and size of property in acres;

7.

Small scale location sketch of sufficient size and scale;

8.

Property lines and dimensions;

9.

Zoning and current land use of applicant's property and all abutting properties and of properties across any public or private street from the site;

10.

Lot lines and all structures on the property and within 100 feet of the site's property lines;

11.

Locations of significant natural features;

12.

Existing topography at a minimum of five-foot contours.

13.

General locations for all proposed structures, including any residential units, with the acreage allotted to each use;

14.

General location and type of landscaping proposed (evergreen, deciduous, berm, etc.);

15.

Proposed locations of utility services;

16.

Site circulation and access design including indication of street right-of-ways, proposed access driveways and parking areas, and existing and proposed pedestrian/bicycle paths.

(3)

Changes in the sketch plan shall be submitted to the planning commission pursuant to the above procedures applicable to the original application.

(e)

Permitted uses. The following uses shall be permitted in accordance with the applicable PUD requirements.

(1)

Single-family detached dwellings.

(2)

Two-family dwellings.

(3)

Multiple-family dwellings.

(4)

Permitted uses in the C-1 and PF districts, subject to the standards noted for nonresidential uses in the PUD.

(f)

Site development requirements.

(1)

Residential uses.

a.

The maximum number of dwelling units permitted shall be determined by the designation of the master plan for the property in which the PUD is proposed. If the PUD lies in more than one land use category the number of dwelling units shall be calculated on a proportionate basis.

b.

The density permitted in a PUD shall be determined by using the net developable area. The net developable area shall be determined by taking the total site area and subtracting lands used or dedicated for public easements and road right-of-ways.

c.

The minimum lot area, width, setbacks and yard requirements for any lot designated for single-family dwellings may be established by the planning commission, subject to the following considerations:

1.

Character of the neighborhood in which the development is proposed.

2.

The proximity of other single-family districts or uses.

3.

Unique site conditions, such as the presence of drainageways, significant natural features, soil conditions, etc.

(2)

Nonresidential uses.

a.

All nonresidential uses allowed in the PUD shall occupy no more than ten percent of the PUD project's developable area. The net developable area shall be determined by taking the total site area and subtracting lands used or dedicated for public easements and road right-of-ways.

b.

All such uses shall be integrated into the design of the project with similar architectural and site development elements, such as signs, landscaping, etc.

c.

Such uses shall be permitted only if they will not materially alter the existing character of the neighborhood and/or the PUD.

d.

No merchandise for display, sale or lease shall be located in any manner outside the main building.

e.

Buildings designed for nonresidential uses shall be constructed according to the following requirements:

1.

If the PUD contains from one to 50 dwelling units, 75 percent of these dwelling units must be constructed prior to any nonresidential use construction.

2.

If the PUD contains more than 50 dwelling units, 50 percent of these dwelling units shall be constructed prior to any nonresidential use construction.

(3)

Open space.

a.

The amount of open space set aside for common use of the PUD shall be determined by the planning commission subject to the following considerations and requirements:

1.

Open space may be established to separate uses areas within the PUD.

2.

Open space areas shall be sufficient in size with adequate access from each use area.

3.

Evidence shall be given that satisfactory arrangements will be made for the maintenance of such designated land to relieve the municipality of future maintenance thereof.

4.

Open space will be provided where natural features may be preserved and/or be used for passive or active recreation.

(4)

All electric and telephone transmission wires shall be placed underground.

(5)

Landscaping and screening are required in accordance with Section 8.101.

(6)

Parking is required in accordance with Section 8.104(3).

(7)

Signs are permitted in accordance with the requirements of Section 8.105. The least intensive district in which the use is permitted shall be used in determining sign requirements.

(g)

Approval standards. The planning commission shall consider and find that the standards noted below have each been satisfied before granting approval of any PUD:

(1)

The standards of Section 8.100(f).

(2)

The provisions and requirements of Section 9.102(a).

(3)

The provisions and requirements of Section 9.144(a), (b), and (g).

(4)

The standards of Section 8.100(f).

Private and public social service agencies and counselors are subject to the following conditions, standards and regulations:

(1)

The hours of operation must not exceed 14 hours per day and shall be during the hours of 7:00 a.m. to 9:00 p.m. and must be approved by the planning commission.

(2)

No overnight lodging shall be permitted under this use except for weekend training sessions or retreats.

(3)

Group activities must not interfere with or disturb adjacent residential neighbors.

(4)

A parking plan must be approved for this use, and the parking needs for the use must not exceed the number of available parking spaces in the dedicated parking lots for the facility when taking into account the other users of the property. No overnight truck parking shall be permitted in any front yard.

(5)

The required landscaping must be maintained and the grounds for the facility must be policed so as to prevent paper and trash from accumulating on the site.

(6)

The facility must comply with other requirements as may be deemed to be reasonably necessary by the planning commission.

Private noncommercial recreation areas and institutional or community recreation centers are subject to the following conditions, standards and regulations:

(1)

The use shall be located on property with direct access to a public street.

(2)

Any outdoor activity areas shall be set back a minimum of 50 feet from any residential use or district.

(3)

Lighting for parking areas or outdoor activity areas shall be shielded to prevent light from spilling onto any residential use or district.

(4)

Access driveways shall be located no less than 50 feet from the centerline of the intersection of any street or any other driveway.

Production, refining, or storage of petroleum or other inflammable liquids is subject to the following conditions, standards and regulations:

(1)

Access driveways shall be located no less than 100 feet from the centerline of the intersection of any street or any other driveway.

(2)

The principal and accessory buildings and structures shall not be located within 800 feet of any residential use or district.

Recycling centers are subject to the following conditions, standards and regulations:

(1)

A six-foot fence, wall, or such other fencing or screening shall be constructed, as may be deemed to be necessary by the planning commission, along the rear, sides, front of the lot, or at such other locations as may be necessary to keep trash, paper, and other debris from blowing off the premises. No fencing shall be required if all of the manufacturing and/or processing operations of a facility occur inside of an enclosed building, for example, if the unloading of material which is to be recycled, the storage of unrecycled and recycled material, the loading of the recycled material, and the placing of unrecyclable waste products into dumpsters all occurs inside a building.

(2)

The principal and accessory buildings and structures shall not be located within 100 feet of any residential use.

(a)

Purpose.

(1)

There are existing buildings within the city's core area that are generally sound, may possess architectural significance, are underutilized and/or are no longer suited to the purpose for which they were originally designed and constructed.

(2)

Such buildings and structures may not conform to current zoning regulations with respect to lot size, setbacks, coverage, parking and similar provisions.

(3)

These structures are part of the city's fabric, have value and may be adaptable to other uses, but likely cannot satisfy the established zoning requirements. Therefore, some accommodation through the special use provisions of this ordinance is warranted and determined to be in the public interest.

(b)

Allowed uses.

(1)

Any use permitted by right or special land use approval in the C-2 district.

(2)

Residential dwelling units, including dwellings on the ground floor.

(3)

Any combination of uses otherwise allowed above.

(c)

Parking.

(1)

The parking requirements of Section 17.300 shall apply, except as modified below.

(2)

Parking for residential uses shall be provided at a ratio of 1.5 spaces per dwelling unit. All required parking shall be on the same site or within 300 feet of the building containing the dwellings.

(3)

The planning commission may reduce the required parking for nonresidential uses if it finds that one or more of the following factors exists and will result in a reduced parking demand:

a.

The proposed uses complement other uses in the vicinity and will potentially result in pedestrian movement between those uses;

b.

There is a high probability that bicyclists or pedestrians will be frequent patrons of the use;

c.

Sufficient on-street or off-street parking is available within 600 feet of the building; or

d.

Evidence is presented from an authoritative source that the required parking exceeds industry standards or actual experience.

(d)

Open space/outdoor activity area.

(1)

If the redeveloped building contains any residential units, provision shall be made for open space sufficient to allow for outdoor activities or gatherings for the residents.

(2)

In lieu of such areas being provided at ground level, roof top decks and patios or similar activity space open to all residents may be used to satisfy this requirement.

(e)

Residential density and floor area.

(1)

Density shall be limited to one unit per 1,150 square feet of gross floor area devoted to residential uses (including indoor parking for dwelling units).

(2)

Dwelling units shall contain a minimum floor area commensurate with the number of bedrooms, as follows:

a.

Efficiency (no bedroom)—450 square feet.

b.

One-bedroom—600 square feet.

c.

Two-bedroom—750 square feet.

d.

Three-bedroom—1,000 square feet.

e.

An additional 100 square feet shall be provided for each bedroom, den, library, office or similar room in excess of three bedrooms.

(f)

Other standards.

(1)

At least 60 percent of the gross floor area of the building to be redeveloped shall be retained in order to qualify for special use consideration.

(2)

Minimum setback requirements for any new additions or structural alterations shall conform to the C-2 district.

(3)

All applicable requirements of the C-2 district and this ordinance shall be met, unless specifically modified by these special use provisions.

(Ord. No. 933, § 3, 9-16-2013)

Restaurants, exclusive of drive-through facilities, are subject to the following conditions, standards and regulations:

(1)

Parking areas shall have a front yard setback of 20 feet and side and rear yard setbacks of ten feet.

(2)

Access driveways shall be located no less than 25 feet from the centerline of the intersection of any street or any other driveway.

Restaurants with drive-through facilities are subject to the following conditions, standards and regulations:

(1)

Sufficient stacking capacity for the drive-through portion of the operation shall be provided to ensure that traffic does not extend into the public right-of-way. A minimum of ten stacking spaces for the service-ordering station shall be provided. Stacking spaces shall be located so as not to interfere with vehicular circulation and egress from the property by vehicles not using the drive-through portion of the facility.

(2)

In addition to parking space requirements, at least three parking spaces shall be provided, in close proximity to the exit of the drive-through portion of the operation, to allow for customers waiting for delivery of orders.

(3)

Parking areas shall have a front yard setback of 20 feet and side and rear yard setbacks of ten feet.

(4)

Access driveways shall be located no less than 25 feet from the centerline of the intersection of any street or any other driveway.

Retail sales incidental to construction contractor's establishments which require a workshop and retail outlet or showroom are subject to the following conditions, standards and regulations:

(1)

Any area used for outside storage of display materials or equipment shall be paved and graded and drained so as to prevent collection of water.

(2)

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

(3)

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

(4)

The area within an enclosed building devoted to the retail outlet or showroom shall not exceed 25 percent of the gross floor area.

All of the zoning ordinance requirements and regulations for a residential development in the R-3 residential district shall be applicable to a roominghouse.

Salvage yards, junkyards are subject to the following conditions, standards and regulations:

(1)

Requests for a special land use approval for establishment of a salvage or junkyard shall also require submission of a detailed proposal identifying the predominant type of salvage or junk to be received, the methods of separation and/or recycling, and ultimate destination of waste materials. The applicant shall be required to submit written materials outlining measures taken to comply with all necessary state, county, and local laws.

(2)

The site shall be provided with suitable access to a collector or arterial road to ensure safe, direct transport of salvage to and from the site.

(3)

No portion of the storage area shall be located within 1,000 feet of any residential use or district.

(4)

Any outdoor storage area shall be completely enclosed by a fence or wall at least six feet in height constructed of a sturdy, durable material and sufficiently opaque to ensure that salvage is not visible from outside the storage area. The fence or wall shall have a minimum of two nontransparent gates not exceeding 48 feet in width providing access to the storage area for vehicles but shall not allow direct view of the storage area from adjacent properties or streets. Said fence or wall shall be continuously maintained in good condition and shall contain only approved signs.

(5)

Stored materials shall not be stacked higher than ten feet high and shall be stored in a manner so as not to be visible from adjoining properties or right-of-ways. In no case shall salvage or junk be stored at a height exceeding the height of the storage area fence or wall.

(6)

The fence or wall enclosing the storage area shall meet the applicable building setback requirements.

(7)

A management office shall be provided on site. A residence may be permitted for security personnel or on-site operator.

(8)

Conditions within the storage area shall be controlled to minimize the hazards of fire and other threats to health and safety.

(9)

All portions of the storage area shall be accessible to emergency vehicles.

(10)

Vehicles or vehicle bodies shall be stored in rows with a minimum of 20-foot continuous loop drives separating each row of vehicles.

(11)

All batteries shall be removed from any vehicle, and all radiator and fuel tanks shall be drained prior to the vehicle being placed in the storage yard. Salvaged batteries, oil and other such substances shall be removed by a licensed disposal company or be stored in a manner which prevents leakage of battery fluid. No fluids removed from vehicles shall be applied as a dust control method.

(12)

Vehicle parts shall not be stored, loaded, unloaded, or dismantled outside the fence enclosing the salvage yard.

(13)

The property shall include at least six acres.

(14)

All fences shall be setback a minimum of 500 feet from any residential use or district.

(15)

In order to protect surrounding areas, the crushing of vehicles or any part thereof shall be limited to daylight hours.

(16)

The planning commission may impose other conditions which have a reasonable relationship to the health, safety and general welfare of the City of Zeeland. These conditions can include a provision for an annual inspection by the zoning administrator to ensure continuing compliance with the above standards.

Senior citizen centers, not in a church or a school, are subject to the following conditions, standards and regulations:

(1)

The hours of operation must be specified in the special land use permit and must be approved by the planning commission.

(2)

The total number of operating hours must not exceed 18 hours per day.

(3)

A parking plan must be approved for this use, and the parking needs for the use must not exceed the number of available parking spaces in the dedicated parking lots for the facility when taking into account the other users of the property. No overnight truck parking shall be permitted in any front yard.

(4)

The required landscaping must be maintained and the grounds for the facility must be policed so as to prevent paper and trash from accumulating on the site.

(5)

The facility must comply with other requirements as may be deemed to be reasonably necessary by the planning commission.

Signs not otherwise permitted in districts other than the R-1 and R-2 districts are subject to the following conditions, standards and regulations:

(1)

The size of a sign shall not exceed the permitted size of signs by more than 50 percent;

(2)

The number of signs on a parcel shall not exceed the permitted number of signs times the number of street frontages for a parcel;

(3)

The height of any sign shall not exceed the height limitations of the zoning ordinance;

(4)

A necessity such as, but not limited to, the location of buildings, shrubbery, or traffic patterns shall be demonstrated before any increase in the number of signs shall be permitted;

(5)

The setback of a sign may be varied from the required setback if it does not create any traffic or safety hazard, or hardship for any adjacent property owner;

(6)

The sign shall not have any adverse effect on any adjacent property owner or occupant, provided that if a competitor is an adjacent property owner or occupant, that business competition shall not be a reason for which to deny permission for the installation of a sign; and,

(7)

In considering a special land use for signs, the planning commission shall also consider the following factors:

a.

The balancing of the right of individuals to identify their businesses and convey their messages and the right of the public to be protected against the unrestricted proliferation of signs;

b.

The furtherance of the objectives of the master plan;

c.

Protection of the public health, safety, and welfare;

d.

Traffic hazards;

e.

The facilitation of the creation of an attractive and harmonious community;

f.

The protection of property values;

g.

The promotion of economic development;

h.

The preservation of the right of free speech exercised through the use of signs containing noncommercial messages; and,

i.

Such other standards as are provided in the zoning ordinance for the granting of a special condition land use.

Site plan condominiums are subject to the following conditions, standards and regulations:

(1)

The minimum lot size is 7,200 square feet for a site plan condominium site. The minimum lot width is 60 feet at the required front setback line of a lot.

(2)

Site plan condominium lots shall have a similar size, shape, and layout with adjacent uses and lots, and shall be compatible with and have standards for development which are consistent with adjacent developed lots. In determining compatibility with adjacent lots, the character of the neighborhood and of the adjacent developed lots shall be considered. In addition, safety, traffic, detrimental effects on adjacent property owners and on the community, and any other relevant factors may be considered in determining whether or not to approve site plan condominium developments.

(3)

The maximum height of structures is the lesser of 2½ stories or 35 feet.

(4)

The minimum front yard setback is 30 feet. The minimum side yard setback is ten feet. The minimum rear yard setback is 25 feet. For purposes of determining a front yard or rear yard setback, a common private drive shall be deemed to be a public street, and the edge of the required 66 foot easement shall be the line from which a setback is measured.

(5)

For all nonresidential principal uses and all buildings associated with the use, the setbacks on all sides shall be the same as for residential buildings or equal to height of main buildings, whichever is greater.

(6)

The minimum floor area per unit is 1,000 square feet, and the minimum floor area for the ground floor is 600 square feet.

(7)

The maximum site coverage per lot by all buildings is 35 percent.

(8)

The common use private drives and access roads to private drives shall be a minimum of 24 feet from pavement edge to pavement edge. Any collector drive, as such term is defined in the City Street Construction Details for Right-of-Ways, shall be required and constructed in accordance with such standards. All common use drives shall be paved with concrete or asphalt. Standing or valley curbs shall be required for all private drives.

(9)

Any cul-de-sac or turnaround loop shall be adequate to serve public utility and public safety equipment, and shall be constructed in accordance with the City Street Construction Details for Right-of-Ways.

(10)

All common use private drives shall be located within a 66-foot right-of-way for which a written easement has been granted to the city. In addition, such written easement shall permit the location of city utilities within such an easement area and shall permit city personnel and public safety officials to utilize the easement area for inspection and public safety purposes. Such easement shall be in a form which is satisfactory to the city council. The developer shall reimburse the city for all legal costs which are incurred in the preparation, review, and recording of such easement by the city attorney.

(11)

All developed sites shall be required to use city utilities.

(12)

Site condominium lots shall comply with all site development requirements which would otherwise be applicable to R-1 single-family lots as required in Article VIII of this zoning ordinance.

(13)

Sidewalks shall be constructed on all sides of site plan condominium lots abutting a public street or a common use private drive, in accordance with city standards. The planning commission may waive the requirement for a sidewalk when, in the opinion of the commission, no good purpose would be served by the sidewalk for site plan condominium projects of four or more sites. The zoning administrator may waive the requirements for a sidewalk when, in the opinion of the zoning administrator, no good purpose would be served by the sidewalk for site plan condominium projects of three or less sites.

Skill coaches, teachers, and personal trainers, not in a church or in a school, are subject to the following conditions, standards and regulations:

(1)

The hours of operation must be specified in the special land use permit and must be approved by the planning commission.

(2)

No overnight lodging shall be permitted under this use, except for weekend training sessions or retreats.

(3)

All employees must have a background check in accordance with state or federal requirements. All expenses shall be the responsibility of the applicant or employing agency.

(4)

A parking plan must be approved for this use, and the parking needs for the use must not exceed the number of available parking spaces in the dedicated parking lots for the facility when taking into account the other users of the property. No overnight truck parking shall be permitted in any front yard.

(5)

The required landscaping must be maintained and the grounds for the facility must be policed so as to prevent paper and trash from accumulating on the site.

(6)

The facility must comply with other requirements as may be deemed to be reasonably necessary by the planning commission.

Theaters and concert halls (not in the PF district) are subject to the following conditions, standards and regulations:

(1)

Lighting for parking areas or outdoor activity areas shall be shielded to prevent light from spilling onto any residential district or use.

(2)

Main buildings shall be set back a minimum of 100 feet from any residential property line.

(3)

For uses exceeding a seating capacity of 250 persons, a traffic impact study shall be required to be submitted by the applicant which describes internal circulation and projected impacts on traffic operations, capacity, and access on adjacent and nearby streets which are likely to provide access to the site.

(4)

Access driveways shall be located no less than 50 feet from the centerline of the intersection of any street or any other driveway.

Theaters, concert halls, and other places for public assemblies, not in a church or in a school in the PF Public Facilities District, are subject to the following conditions, standards and regulations:

(1)

The application must propose the designated days and hours of operation.

(2)

Noise and or sound from the site must be at appropriate noise levels for residential neighborhoods and adjacent uses.

(3)

An adequate security plan must be provided.

(4)

Permanent restroom facilities must be located on the site.

(5)

A parking plan must be approved for this use, and the parking needs for the use must not exceed the number of available parking spaces in the dedicated parking lots for the facility when taking into account the other users of the property. No overnight truck parking shall be permitted in any front yard.

(6)

The required landscaping must be maintained and the grounds for the facility must be policed so as to prevent paper and trash from accumulating on the site.

(7)

The facility must comply with other requirements as may be deemed to be reasonably necessary by the planning commission.

Therapy clinics are subject to the following conditions, standards and regulations:

(1)

The hours of operation must be specified in the special land use permit and must be approved by the planning commission.

(2)

An adequate security plan must be provided.

(3)

No overnight stays shall be permitted for clients or patients.

(4)

A parking plan must be approved for this use, and the parking needs for the use must not exceed the number of available parking spaces in the dedicated parking lots for the facility when taking into account the other users of the property. No overnight truck parking shall be permitted in any front yard.

(5)

The required landscaping must be maintained and the grounds for the facility must be policed so as to prevent paper and trash from accumulating on the site.

(6)

The facility must comply with other requirements as may be deemed to be reasonably necessary by the planning commission.

Thrift stores and distribution centers for the needy are subject to the following conditions, standards and regulations:

(1)

This business may operate for up to 12 hours per day. The hours of operation must be specified in the special land use permit and must be approved by the planning commission.

(2)

Collection sites must be screened and no accumulation of collections or outside storage shall be permitted; provided that a totally enclosed donation container shall be permitted to be on the site. Collections may be obtained only during the hours approved by the planning commission.

(3)

Collection and distribution areas and donation containers must not be located within 35 feet from any lot line. The drop-off box's base must not exceed 20 square feet and four feet in height, must have solid screening around it, and must be placed in a location which is approved by the planning commission.

(4)

The area set aside for distribution must be kept clean and must either be in doors or must be located within a screened area.

(5)

A parking plan must be approved for this use, and the parking needs for the use must not exceed the number of available parking spaces in the dedicated parking lots for the facility when taking into account the other users of the property. No overnight truck parking shall be permitted in any front yard.

(6)

The required landscaping must be maintained and the grounds for the facility must be policed so as to prevent paper and trash from accumulating on the site.

(7)

The facility must comply with other requirements as may be deemed to be reasonably necessary by the planning commission.

Truck terminals are subject to the following conditions, standards and regulations:

(1)

Access driveways shall be located no less than 100 feet from the centerline of the intersection of any street or any other driveway.

(2)

Trucks and trailers parked overnight shall be set back from the front lot line a minimum of 100 feet.

(3)

The principal and accessory buildings and structures shall not be located within 200 feet of any residential use or district.

(4)

The lot area used for parking, display, or storage shall be provided with a permanent, durable, and dustless surface, and shall be graded and drained so as to dispose of all surface water.

(5)

Lighting for parking areas or outdoor storage areas shall be shielded to prevent light from spilling onto any residential district or use.

(6)

Any vehicle or equipment stored outside of an enclosed building shall not extend into any required yard.

Utility and public service buildings, without storage yards, but not including essential public services such as poles, wires, and underground utility systems, are subject to the following conditions, standards and regulations:

(1)

Any such buildings shall be generally compatible, with respect to materials and color, with the surrounding neighborhood.

(2)

Any such building shall comply with the yard setback requirements of the district in which it is located.

Vehicle service stations, excluding body shops, are subject to the following conditions, standards and regulations:

(1)

Minimum lot area shall be one acre and minimum lot width shall be 250 feet.

(2)

Pump islands shall be a minimum of 15 feet from any public right-of-way or lot line.

(3)

All equipment and activities associated with vehicle repair operations, except those in incidental use, such as air hoses, shall be kept within an enclosed building.

(4)

Storage of vehicle components and parts, trash, supplies, or equipment outside of a building is prohibited.

(5)

If retail sales of convenience goods are conducted on the premises, parking for such uses shall be computed and provided separately for that use.

(6)

Canopy roofs shall be permitted to encroach into any required yard, provided that a minimum setback of five feet is maintained, and further provided that the fascia of such canopy is a minimum of ten feet above the average grade.

(7)

Access driveways shall be located no less than 25 feet from the centerline of the intersection of any street or any other driveway.

(8)

Where adjoining residentially zoned or used property, a solid wall or fence, six feet in height shall be erected along any common lot line. Such fence or wall shall be constructed in accordance with the requirements of Section 8.101(d)(3) and continuously maintained in good condition.

Vehicle wash establishment, either self-serve or automatic, are subject to the following conditions, standards and regulations:

(1)

Sufficient stacking capacity for the drive-through portion of the operation shall be provided to ensure that traffic does not extend into the public right-of-way. A minimum of 15 stacking spaces for an automatic wash facility shall be provided. For self-service establishments, each stall shall have at least two stacking spaces at the entrance and one space at the exit.

(2)

Vacuuming activities, if outdoors, shall be at least 100 feet from any residential use or district property line. Wash bays for self-service establishments shall be located at least 50 feet from any residential use or district property line.

(3)

Should self-service wash bays be located with openings parallel to an adjacent street, they shall be screened as required by Section 8.101(d)(3) and continuously maintained in good condition.

(4)

Only one access driveway shall be permitted on any single street. All access driveways shall be located no less than 25 feet from the centerline of the intersection of any street or driveway.

(5)

Where adjoining residentially zoned or used property, a solid wall or fence six feet in height shall be erected along any common lot line. Such fence or wall shall be constructed in accordance with the requirements of Section 8.101(d)(3) and continuously maintained in good condition.

Veterinary hospitals and veterinary clinics do not include commercial kennels. A commercial kennel is a facility which provides daily or overnight care for animals that are not receiving veterinary treatment. Veterinary hospitals and veterinary clinics are subject to the following conditions, standards and regulations:

(1)

The setbacks for buildings are as follows:

a.

Front yard setback: 35 feet;

b.

Side yard setback: 15 feet; and,

c.

Rear yard setback: 25 feet.

(2)

The setback for outdoor dog runs and/or exercise areas are as follows:

a.

Thirty feet from any residential structure; and,

b.

Fifteen feet from all other property lines.

(3)

Unless an adjacent property owner has a fence, a fence of not less than three feet in height shall be constructed and maintained on a property line between a veterinary hospital and/or a veterinary clinic and an adjacent property owner. Such fence shall also be subject to all other fencing regulations of this ordinance.

(4)

No animal shall be left unattended, caged or fenced in at any time outside of an enclosed building and a barking dog shall not be permitted to remain outside of a building.

(5)

Rooms within veterinary hospitals and veterinary clinics shall be soundproofed so that animal sounds cannot be heard inside a structure of an adjacent property owner.

(6)

Animal feces shall be picked up on a daily basis.

(7)

Grassy areas on the premises shall be maintained so as not to have dead spots.

(8)

Carcasses shall be removed from the premises so as to not cause a nuisance odor for the public or for an adjacent property owner.

(Ord. No. 975, § 1, 3-19-2018)

A commercial kennel is a facility which provides daily or overnight care for animals that are not receiving veterinary treatment. Commercial kennels are subject to the following conditions, standards and regulations:

(1)

The setbacks for buildings shall be the same as for other structures within the zone district in which a facility is located.

(2)

The setback for outdoor dog runs and/or exercise areas are as follows:

a.

One hundred feet from any residential structure; and,

b.

Thirty feet from all other property lines.

(3)

Unless an adjacent property owner has a fence, a fence of not less than three feet in height shall be constructed and maintained on a property line between a commercial kennel and an adjacent property owner. Such fence shall also be subject to all other fencing regulations of this ordinance.

(4)

No animal shall be left unattended, caged or fenced in at any time outside of an enclosed building and a barking dog shall not be permitted to remain outside of a building.

(5)

Rooms within a commercial kennel shall be sound proofed so that animal sounds cannot be heard inside a structure of an adjacent property owner.

(6)

Animal feces shall be picked up on a daily basis.

(7)

Grassy areas on the premises shall be maintained so as not to have dead spots.

(8)

Carcasses shall be removed from the premises so as to not cause a nuisance odor for the public or for an adjacent property owner.

(Ord. No. 983, § 1, 8-20-2018)

Youth centers not in a church or in a school are subject to the following conditions, standards and regulations:

(1)

The hours of operation must be specified in the special land use permit and must be approved by the planning commission. Such hours must be appropriate if it is located within a residential setting.

(2)

The total number of operating hours must not exceed 16 hours per day, except that additional hours may be permitted for special events such as for a youth lock-in.

(3)

No overnight stays shall be permitted except for a single night lock-in event.

(4)

A youth center shall only provide services to youth who are age 18 years and younger.

(5)

All youth center activities shall be supervised by adults at all times as outlined in the Safety and Security Plan.

(6)

Youth center activities shall not be planned so as to require youth to solicit residential parcels within the city for donations of goods, money, or services.

(7)

The police must be contacted and a report must be filed with a law enforcement agency in the event that any illegal activity is found to occur on the premises.

(8)

A parking plan must be approved for this use, and the parking needs for the use must not exceed the number of available parking spaces in the dedicated parking lots for the facility when taking into account the other users of the property. No overnight truck parking shall be permitted in any front yard.

(9)

The required landscaping must be maintained and the grounds for the facility must be policed so as to prevent paper and trash from accumulating on the site.

(10)

The facility must comply with other requirements as may be deemed to be reasonably necessary by the planning commission.

The following parcels and businesses are hereby found to be permitted special land uses which shall not be required to comply with the land use requirements as have been approved by this article:

(a)

The planning commission may permit, upon proper application, temporary uses not otherwise permitted in the district, not to exceed 12 months, and to provide a 12-month extension when appropriate. In no event shall a temporary use be permitted for more than 24 months from the date the original temporary use was permitted. The planning commission, in granting permits for temporary uses, shall do so under the following conditions:

(1)

The granting of the temporary use shall in no way constitute a change in the basic uses permitted in the district nor on the property where the temporary use is permitted.

(2)

The granting of the temporary use shall be issued in writing, stipulating all conditions as to time, nature of development permitted and arrangements for removing the use at the termination of the temporary permit.

(3)

All setbacks, land coverage, off-street parking, lighting and other requirements shall be made at the discretion of the planning commission.

(4)

The use shall be in harmony with the general character of the district.

(5)

No temporary use permit shall be granted without first giving notice to owners of adjacent property of the time and place of a public hearing to be held as provided for in this ordinance.

(b)

Portable booths, festival tents, craft and produce vendor tents, food tents, and circus tents may be located in parks, parking lots, vacant lots, streets which will be temporarily closed, within the public right-of-way, and in other locations on nonresidential lots for not more than ten consecutive days. The zoning administrator has jurisdiction to establish setbacks, to establish public safety requirements, to require the placement of portable toilets and garbage containers, to establish hours of use, and to approve or deny site plans and to establish conditions, including but not limited to the filing of a clean-up bond and a security bond with the city, for events which utilize portable booths and tents.

(c)

Appeal from temporary use decisions of the planning commission or zoning administrator. If there is an undue hardship resulting from strict adherence to the listed requirements set forth for a temporary special land use or from the requirements and conditions which are established by the zoning administrator pursuant to this section, and if there is not a public welfare or public safety purpose which is served by strict compliance with said conditions, the zoning board of appeals may grant a variance from such requirements.