A. Purpose. The purpose of this article shall be to:
(1)
Establish the purpose of special land use review
and approval;
(2)
Require special land use review and approval
for specified land uses in all zoning districts which are listed as
special land uses in this chapter;
(3)
Establish application requirements for special
land use review and approval;
(4)
Establish review standards for all special land
uses;
(5)
Establish the Planning Commission as the review
and approval authority for special land uses, unless otherwise specified
for a specific use; and
(6)
Establish authority for the Planning Commission
to impose conditions upon special land uses.
B. Requirement established. Special land use review and approval shall be required for all specified land uses in all zoning districts which are listed as special land uses in this chapter. All applications for special land use review and approval shall include a site plan prepared in conformance with the submission, content and design criteria in §
515-100, Site plan review. All special land use review and approval requests shall be subject to a public hearing by the Planning Commission prior to a final decision on the application.
A. Application, submittal and review procedures. All
special land use review and approval requests in all districts shall
be applied for and reviewed in accordance with the following: Applicant
may request preapplication conference with Zoning Administrator, Planning
Commission Chair or designee, and Village planning consultant to discuss
the proposal, submittal and review procedures, ordinance criteria,
and site plan design guidelines (optional, but strongly recommended).
Application with fee for preapplication conference is to be submitted
to Village Clerk on forms provided for that purpose by the Village.
(1)
Applicant submits completed application, review
fee, and 12 copies of the site plan to the Village Clerk. Application
and fee for special land use review and approval submitted to Village
Clerk on forms provided for that purpose by the Village.
(a)
Special land uses may be required to submit
a traffic impact study, in accordance with the Traffic Impact Study
Requirements adopted by resolution of the Village Council.
(b)
Special land uses that have an asterisk (*)
are required to submit a community impact statement in accordance
with the Community Impact Statement Outline adopted by resolution
of the Village Council.
(2)
The Village Clerk then transfers copies of the
application and site plan to the Planning Commission and Village planning
consultant for review.
(3)
The Village Planning Commission conducts the
first introduction of the requested special land use at its next regularly
scheduled meeting. First introduction is intended to alert Planning
Commission members and the public of the request and to set a date
for the public hearing. Attendance by the applicant is optional.
(4)
The Village Clerk, or designee, provides required
public notice of the public hearing date as set by the Planning Commission.
Notice shall be published and mailed in accordance with notification
procedures as required by state law.
(5)
The Planning Commission conducts the public
hearing on the application for special land use approval. Public comment
may be made prior to the meeting in writing or at the meeting either
verbally or in writing.
(6)
The Planning Commission approves, approves with
conditions, or denies the special land use request. The Planning Commission
may also postpone a request to allow verification, compilation or
submission of additional or supplemental information, or to address
other concerns or issues.
(7)
If the Planning Commission approves or approves
with conditions the special land use request, the Village Clerk prepares
and mails to the applicant a special land use permit and a copy of
the approved minutes of the Planning Commission meeting at which the
special land use approval was granted. Said permit and approved minutes
shall constitute the formal record and notification of special land
use approval.
(8)
The applicant then applies for site plan review and approval in accordance with §
515-100, Site plan review.
B. Review standards and criteria. The Planning Commission
shall utilize the following standards and criteria in reviewing all
special land use requests. The Planning Commission shall find that
each standard and criteria is met prior to granting approval of any
special land use request.
(1)
All information, submittals, and site plan standards as required in §
515-100, Site plan review, have been met with regards to the site plan submitted for the requested special land use.
(2)
All design standards, specifications or criteria imposed on specific special land uses in Article
XX shall be met.
(3)
The use shall conform generally with the Master
Plan.
(4)
The use shall be designed and located so that
it is compatible with the surrounding properties. At a minimum, this
shall include consideration of the following:
(a)
Location of use(s) on site;
(b)
Height of all improvements and structures;
(d)
Need for the proposed use in specified areas
of the Village;
(e)
Conformance with future land use plans for the
area as adopted or maintained by the Planning Commission; and
(f)
Compatibility with the permitted principal uses
allowed in the zoning district where the special land use is requested.
(5)
Ingress and egress to the use shall be controlled
and designed to maximize vehicular and pedestrian safety and convenience
and minimize traffic impact on adjacent properties, roads and drives.
At a minimum, this shall include consideration of the following:
(a)
Reduction in the number of ingress or egress
points through elimination, minimization, and/or consolidation of
drives;
(b)
Proximity and relation to road and driveway
intersections specifically with regard to distance between proposed
drives and existing intersections;
(c)
Reduction/elimination of vehicular and pedestrian
traffic conflicts;
(d)
Adequacy of sight distances;
(e)
Location and access to off-street parking; and
(f)
Location of service drives to access multiple
parcels.
(6)
The use shall be screened in accordance with the screening and buffering criteria detailed in §
515-91 and the specific screening and buffering requirements for individual special land uses detailed in this article.
(7)
The use shall be properly served by utilities,
whether public or private.
(8)
The use shall not have an adverse impact on
the environment beyond the impacts which would be anticipated by the
permitted principal uses in the same district. The use shall not result
in impairment, pollution or destruction of the air, water, soil or
other natural features.
(9)
The use shall be in conformance with the performance standards specified in §
515-90.
(10)
The use shall be designed, located and operated
to minimize negative impacts on surrounding properties or rights-of-way.
(11)
The use shall not impose an unreasonable burden
upon public services and utilities in relation to the burden that
would be imposed by permitted principal uses in the same district.
C. Conditions. The Planning Commission may impose conditions
in granting special land use approval in accordance with the following:
(1)
Conditions shall be designed to protect natural
resources, the health, safety and welfare, as well as the social and
economic well-being of those who will use the proposed use as well
as residents and landowners adjacent to the use and within the community
as a whole.
(2)
Conditions shall be related to the valid exercise
of the police power and the purposes which are affected by the proposed
use or activity.
(3)
Conditions shall be necessary to meet the intent
and purpose of the Zoning Ordinance and shall be based upon the standards
established in this chapter for the special land use under consideration,
if applicable, and shall be necessary to ensure compliance with those
standards.
(4)
Conditions shall provide necessary safeguards
for the protection of the general welfare and individual property
owners and residents.
(5)
The breach of any condition of special land use approval shall constitute a violation of the provisions of this chapter and shall be subject to appropriate actions under §
515-206, Violations and penalties. In addition, failure to correct such breach within 30 days of written notification shall constitute reason for the Planning Commission to revoke the special land use permit.
(6)
Conditions shall be continuing obligations and
are binding on any heirs and assigns and upon any persons taking title
to the affected property while such special land use permit is in
effect.
(7)
The discontinuance of a special land use after
a specified time may be a condition to the issuance of a special land
use permit. Renewal of a special land use permit shall be applied
for in the manner specified in § 515-121C above.
D. General stipulations.
(1)
Applications for special land use review and
approval shall be made by a person or persons having an ownership
interest in the land for which the special land use request is sought.
All persons having ownership in the subject property shall sign the
application prior to consideration by the Planning Commission.
(2)
Special land use approval is valid for a period
of one year. Site plan approval and commencement of construction of
approved improvements shall commence within one year of the date of
the Planning Commission's approval of the request, or the special
land use approval and permit shall be automatically null and void.
The Planning Commission may extend special land use approval and the
associated special land use permit upon a finding of good cause for
a period not to exceed six months from the date of expiration of the
original approval. Requests for extension shall be made prior to expiration
of the subject approval and permit.
(3)
The record of the Planning Commission shall
be the approved minutes of the Planning Commission meetings at which
the special land use request was heard. Said record shall be available
to the applicant and shall constitute notice of the Planning Commission's
decision regarding the special approval request.
(4)
The Planning Commission shall give notice of
the time and place of required public hearings, as required by state
law.
(5)
All construction, improvement or use of a parcel
of land shall be in complete conformance with a special land use approval
and permit, including any conditions, and with the approved site plan.
(6)
A special land use permit may be terminated
by subsequent rezoning of the affected site to a district in which
the special land use is a permitted principal land use, subject to
any nonconforming use rights. Such termination may be initiated only
after determination by the Planning Commission that the development
status of the site is in accordance with the zoning standards and
requirements of the district in which the site will be located after
rezoning.
(7)
No reapplication, reconsideration or rehearing
of a special land use request which has been denied by the Planning
Commission shall be considered until the expiration of one year from
the date of denial, unless based upon proof of materially changed
conditions or new information sufficient to warrant consideration
by the Planning Commission. All reapplications shall be considered
a new application and shall be reviewed in accordance with the provisions
of this section.
(8)
The applicant shall sign the motion of approval
and conditions as acknowledgment and agreement to comply with the
special land use approval and all conditions of approval. Said acknowledgment
shall be received by the Village prior to issuance of any permits
or authorizations to commence construction or activity under the special
land use approval.
Accessory apartments may be permitted in certain
districts, as specified in this chapter, in conformance with the following:
A. Single-family residential accessory apartments. One
accessory apartment per single-family dwelling unit may be permitted
in accordance with the following criteria:
(1)
The principal dwelling unit must be in conformance
with the provisions of this chapter.
(2)
The principal dwelling unit or the accessory
apartment shall be occupied by the owner of the lot or parcel upon
which the single-family dwelling unit and accessory apartment are
located.
(3)
Exterior modifications to the structure shall
not change the single-family character of the dwelling unit.
(4)
Only one accessory apartment shall be permitted
per lot or parcel and per single-family dwelling unit.
(5)
One additional off-street parking space shall be provided, exclusive of the driveway, in conformance with the provisions of §
515-101.
(6)
An accessory apartment shall contain a minimum
of 400 square feet and shall not exceed 35% of the total floor area
of the principal dwelling unit. No accessory apartment shall be permitted
where the principal dwelling unit is not at least 768 square feet
in total floor area.
(7)
No accessory apartment shall include more than
two bedrooms or exceed 650 square feet.
(8)
Only one pedestrian entrance door shall face
the street. Exterior stairways shall be architecturally compatible
with the principal structure. The Planning Commission may require
interior stairway access to second-floor accessory apartments or other
architectural or design modifications to ensure compatibility of the
proposed design with the building and adjacent properties.
B. Accessory apartments in the RO Residential Office
and GBD General Business Downtown Districts.
(1)
Accessory apartments shall only be permitted
where the existing or proposed commercial building and use is in conformance
with the provisions of this chapter.
(2)
Accessory apartments shall be located only on
the second story or, where proposed on the first floor, in the rear
of the building.
(3)
Off-street parking space shall be provided, exclusive of the driveway, in conformance with the provisions of §
515-101. Accessory apartments that do not have sufficient space for parking on site may seek approval of one of the following options:
(a)
Parking space on nearby private property by
ownership or lease arrangement, provided such property shall not be
zoned for single-family residential purposes and said parking space
shall be available for the exclusive use of the apartment in perpetuity
or until the apartment use is terminated.
(b)
Overnight permit parking in a Village-owned
public parking lot.
(4)
Only one pedestrian entrance door shall face
the street. Exterior stairways shall be architecturally compatible
with the principal structure. The Planning Commission may require
interior stairway access to second-floor accessory apartments or other
architectural or design modifications to ensure compatibility of the
proposed design with the building and adjacent properties.
Agricultural implement sales and service facilities
may be permitted in the LI Light Industrial or HI Heavy Industrial
District, subject to the following:
A. All such uses shall be located on a principal arterials,
minor arterials and collector streets.
B. All buildings, vehicle storage areas, equipment and
the like shall be set back a minimum of 50 feet from any property
line, including rights-of-way.
C. One display area is permitted adjacent to the right-of-way within the fifty-foot setback in Subsection
B above, not to exceed 400 square feet in area for every 250 lineal feet of lot width. Said area(s) shall be designated on the site plan.
D. Signs shall be in accordance with Article XIX.
E. Off-street parking shall be provided in accordance with §
515-101.
F. Site lighting shall be in accordance with §
515-90G.
G. Where the proposed facility abuts residentially zoned property, a landform buffer, buffer strip, or screen wall/fence and adjacent greenbelt shall be required along the property line in accordance with §
515-91. The Planning Commission may require additional screening or landscaping where the Planning Commission determines it is necessary to prevent negative impacts on adjacent properties and rights-of-way.
H. The Planning Commission shall also consider conformance with §
515-150, Outdoor sales lots, in reviewing the request and may apply conditions designed to ensure conformance with the criteria in §
515-122 where the Planning Commission finds application of the criteria to be appropriate.
A bed-and-breakfast inn may be permitted in
certain districts, as specified in this chapter, in conformance with
the following:
A. The bed-and-breakfast facility shall be clearly subordinate
to the use of the principal residence as the owner's principal residence.
Not more than 40% of the gross floor area of the dwelling unit may
be devoted to guest rooms. All bed-and-breakfast rooms shall be located
within the primary dwelling on the same site. No accessory buildings
or second dwelling unit on the same site shall in any way be used
in conjunction with a bed-and-breakfast inn.
B. All guest rooms shall be a minimum of 100 square feet.
C. All guest rooms shall be equipped with a smoke detector
alarm.
D. Lavatory and bathing facilities shall be provided
for all overnight guests.
E. The bed-and-breakfast inn shall have a minimum of
two means of exit directly to the outside. A floor plan and elevation
drawings shall be provided to demonstrate conformance with this requirement.
F. There shall be no exterior alterations to the dwelling
which are not customary to other dwellings in the Village. If guest
rooms are not part of the original structure, plans for the addition(s),
prepared and sealed by a registered architect, shall be submitted
with the application. The Planning Commission shall determine that
the proposed addition(s) are compatible in style and design with the
original structure, and that the added room(s) could be utilized for
single-family residential use should the bed-and-breakfast inn be
discontinued.
G. Off-street parking shall be provided at a ratio of
one space per bed-and-breakfast room. The parking spaces shall be
designed to maintain the residential character of the site.
H. Signs shall be in conformance with Article XIX.
I. The maximum length of stay for overnight guests shall
be 14 days.
J. The application shall include written verification
from the County Health Department that the existing or proposed sewage
disposal system is adequate for the proposed use.
K. Any change in ownership of the site shall require
written notification to the Village Clerk 30 days prior to the transfer
of title.
L. The applicant shall arrange, at the applicant's expense,
inspection of all units proposed for bed-and-breakfast units by the
Village's Zoning Administrator and Building Inspector prior to review
by the Planning Commission. These reports shall be included with the
application.
A. The site shall have direct access onto a principal
or minor arterial.
B. All equipment shall be set back a minimum of 250 feet
from any district which permits residential uses and 100 feet from
any property line.
C. The application shall include a written report which documents conformance with the performance standards in §
515-90, the groundwater protection standards and the storage of hazardous substances standards in §
515-100, Site plan review.
D. The location, size and type of all aboveground and underground storage tanks and piping shall be noted on the site plan. All tanks shall have appropriate secondary containment and leak detection which shall be noted on the site plan. All tanks shall be registered and otherwise comply with all state and local codes. (See §
515-100E.)
E. The storage area shall be screened from view from any adjoining nonindustrial zoning district or from any public street by a landform buffer or screen wall and adjacent greenbelt in conformance with §
515-91.
F. All facilities shall be approved by the Fire Department
as being in compliance with all federal, state and local regulations.
G. A hazardous materials spill contingency plan shall
be submitted for approval by the Planning Commission. The plan shall
specify response methods, cleanup methods, disposal methods and fire
containment methods.
H. Performance guarantee.
(1)
Prior to commencement of construction, the applicant shall post a performance guarantee in accordance with §
515-205 with the Village Clerk in a form approved by the Village Council and in an amount of the cost of reclamation and restoration to return the site to its original condition. The cost of the work shall be estimated by the Village Engineer, as approved by the Village Council. The Engineer's estimate shall be based upon a review of the site plan and shall be in an amount sufficient to cover the cost of restoration of the site in the event the operation is abandoned.
(2)
The performance guarantee shall be without a
date of termination and shall run indefinitely, provided that it may
contain a cancellation clause providing that the applicant may cancel
the performance guarantee by giving the Village 30 days' written notice.
The performance guarantee shall be kept in full force and effect until
the area covered by the bond has been restored (materials removed
and site restored to its original condition).
(3)
In the event that the performance guarantee
is canceled, the applicant shall provide a replacement performance
guarantee within 30 days of notice of cancellation, and in the event
no replacement is so provided, the applicant's approval shall be null
and void and all activities shall immediately terminate and the applicant
shall immediately begin reclamation or restoration. If he or she fails
to do so, the Village Council may cause the necessary work to be completed
and the necessary and reasonable costs and expenses so incurred or
expended, including also the incidental administrative and legal costs,
shall be the obligation of and paid by the applicant.
(4)
Upon satisfactory completion of reclamation
and restoration work by the applicant, the Village shall issue a certificate
of completion and the performance guarantee shall be canceled or returned
by the Village.
Campgrounds may be permitted in certain districts,
as specified in this chapter, subject to the following:
A. Minimum site area for a campground shall be 20 acres.
B. Only tents, campers, trailers, camping units, or travel
trailers shall be permitted. No mobile homes, cabins or other permanent
residential structures for use by patrons are permitted. No individual
tent or other camping unit shall occupy a site in the facility for
more than 30 days in a calendar year. No person, other than the owner/operator
or a caretaker, shall occupy any site or reside at the campground
for more than 30 days in a calendar year.
C. Accessory commercial uses, such as convenience stores, gift shops, propane sales, laundry services and the like shall be housed in a single building and designed to serve the needs of patrons at the campground. Off-street parking and screening and landscaping shall be provided in accordance with §§
515-101 and
515-91, respectively.
D. Where the campground abuts single-family residential
districts, the site shall be appropriately fenced, as determined by
the Planning Commission.
E. The active campground use areas, such as entrance
building, convenience building, recreation areas, campsites and the
like, shall be a minimum of 100 feet from any property line.
F. Where the campground is adjacent to any single-family residential district, a landform buffer, buffer strip, or screening wall/fence with adjacent greenbelt shall be provided along the property line(s) in accordance with §
515-91. The Planning Commission may require additional screening or landscaping where the Planning Commission determines it is necessary to prevent negative impacts on adjacent properties and rights-of-way.
Cemeteries may be permitted in certain districts,
as specified in this chapter, subject to the following:
A. Minimum site size shall be 20 acres with a minimum
lot width of 330 feet.
B. There shall be no burial plots within 25 feet of any
property line.
C. No service building shall be located closer than 100 feet to any property line. All service and storage yards shall be screened from view by a landform buffer strip, buffer strip, or screen wall and adjacent greenbelt in conformance with the provisions in §
515-91.
D. On all sides abutting property in a district that permits residential uses, there shall be a landscaped greenbelt at least 25 feet wide, in accordance with §
515-91.
Central dry-cleaning plants may be permitted
in certain districts, as specified in this chapter, subject to the
following:
A. The site plan submittal shall include a floor plan which details the location of all storage areas for hazardous/toxic materials and the method of secondary containment proposed in conformance with §
515-100E.
B. All truck loading/unloading areas shall be located
within a side or rear yard and shall be a minimum of 50 feet from
any property line.
Commercial broadcast and wireless communication
facilities may be permitted in certain districts, as specified in
this chapter, subject to the following:
A. Standards and conditions applicable to all commercial
broadcast and wireless communication facilities.
(1)
Facilities shall not be demonstrably injurious
or otherwise detrimental to the public safety and welfare.
(2)
Facilities shall be located and designed to
be harmonious with the surrounding areas. The use of monopole towers
shall be required unless the applicant demonstrates that monopole
towers are not feasible for the proposed use.
(3)
Wireless communication facilities shall comply
with applicable federal and state standards relative to the environmental
effects of radio frequency emissions.
(4)
Applicants shall demonstrate a justification
for the proposed height of the structures and an evaluation of alternative
designs which might result in lower height.
(5)
The following additional standards shall be
meet:
(a)
The maximum height of the support structure
and antenna shall be the minimum height demonstrated to be necessary
for reasonable communication by the applicant (and by other entities
to co-locate on the structure). Accessory buildings shall be limited
to the maximum height for accessory structures within the respective
district.
(b)
The setback of the support structure from any
property line and existing or proposed road right-of-way line shall
be at least the height of the highest point of the support structure.
Multiple towers on the same parcel or adjoining parcels shall each
meet the above criteria and be separated from any other tower for
a distance at least equal to the height of the tallest tower.
(c)
There shall be unobstructed access to the facility
for operation, maintenance, repair and inspection (may be provided
by an easement).
(d)
The division of property for the purpose of
locating a wireless communication facility is prohibited unless all
zoning requirements and conditions are met.
(e)
Rooftop wireless communication facilities shall
be architecturally compatible with the principal building.
(f)
The Village may regulate the color of the support
structure and all accessory buildings to minimize distraction, maximize
aesthetic appearance, and ensure compatibility with surroundings,
subject to regulations of the Federal Aviation Administration.
(g)
Support structures shall be constructed in accordance
with applicable building codes. A soils report from a civil or structural
engineer licensed in the State of Michigan shall be submitted. This
report shall include soil borings and confirmation of the suitability
of soils for the proposed use. Federal Aviation Administration, Federal
Communication Commission, and Michigan Aeronautics Commission requirements
shall be noted.
(h)
A maintenance plan, and any applicable maintenance
agreement, shall be presented and approved as part of the site plan
for the proposed facility.
(i)
A landform buffer, buffer strip, or screen wall and adjacent greenbelt shall be provided in accordance with §
515-91. If chain-link or similar fencing is proposed around the equipment shelter or building, it shall be dark green chain-link fencing material. The Planning Commission, after considering the type, size and height of all equipment being proposed, may require additional landscaping or screening where the Planning Commission determines it is necessary to minimize the impact on adjacent properties.
(j)
Where employees will be stationed at the facility on a permanent or intermittent basis, adequate off-street parking shall be constructed with an asphalt or concrete surface in conformance with §
515-101.
(k)
There shall be no outdoor storage of equipment
and/or materials which are not necessary for daily operations, except
those which are necessary for safety or emergency repairs at that
particular site.
(6)
The application shall include a certification
by a State of Michigan licensed professional engineer regarding the
manner in which the proposed structure will fall.
(7)
The application shall include a description
of security to be posted at the time of receiving a building permit
to ensure removal of the facility when it has been abandoned or is
no longer needed. The security shall be in the form of cash, surety
bond, letter of credit or an agreement in a form approved by the Village
Attorney and recordable at the Register of Deeds, establishing a promise
of the applicant and owner of the property to remove the facility
in a timely manner as required under this section of the chapter.
The applicant and owner shall be responsible for the payment of any
costs and attorneys' fees incurred by the Village in securing removal.
(8)
The application shall include a map showing
existing and known proposed wireless communication facilities within
the Village and areas surrounding the Village. If the information
is on file with the Village, the applicant shall update as needed.
Any such information which is a trade secret and/or other confidential
commercial information may be submitted with a request for confidentiality
in connection with the development of governmental policy. This chapter
shall serve as the promise to maintain confidentiality to the extent
permitted by law. The request for confidentiality must be made in
writing.
(9)
The applicant shall provide the name, address
and phone number of the person to contact for all engineering, maintenance
and other notice purposes. This information shall be continuously
updated while the facility is on the premises.
B. Standards and conditions applicable to special land uses. In addition to the provisions in Subsection
A above, all wireless communication facilities which are placed on new towers or other new structures and are located outside the LI, HI or the IO District shall be reviewed as special land uses. All uses which require special land use approval shall conform with the following.
(1)
The applicant shall demonstrate the need for
the proposed facility to be located as proposed based upon the presence
of one or more of the following factors:
(a)
Proximity to major thoroughfares.
(b)
Population concentrations.
(f)
Other specifically identified reason(s) creating
facility need.
(2)
The proposal shall be reviewed in conformity with the co-location requirements of Subsection
D below.
C. Special requirements for wireless communication facilities proposed outside districts where they are principal permitted uses or permitted after special land use approval. Applications for facilities which are not permitted uses under §
515-112 and which are proposed to be located outside of a district where they are permitted as a special land use shall conform with the following standards, along with those in Subsections
A and
B above:
(1)
The applicant shall demonstrate that a location
within a district where the facility is permitted as a principal or
special land use cannot reasonably meet the coverage and/or capacity
needs of the applicant.
(2)
Wireless communication facilities shall be of
a design such as (without limitation) a steeple, bell tower, or other
form which is compatible with the existing character of the proposed
site, neighborhood and general area, as approved by the Village.
(3)
The applicant shall seek to locate the facility
at one of the following sites (not in any priority), subject to application
of all other standards contained in this section:
(b)
Other governmentally owned site.
(c)
Religious or other institutional site.
(d)
Public park and other large permanent open space
areas, when compatible.
(e)
Other locations if none of the above is available.
D. Requirements for co-location.
(1)
A permit for the construction and use of a new
wireless communication facility shall not be granted unless and until
the applicant demonstrates that co-location is not feasible.
(2)
All new and modified wireless communication
facilities shall be designed and constructed so as to accommodate
co-location.
(3)
The policy of the Village is for co-location.
Thus, if a party who owns or otherwise controls a wireless communication
facility shall fail or refuse to alter a structure so as to accommodate
a proposed and otherwise feasible co-location, such facility shall
be deemed to be a nonconforming structure and use.
(4)
If a party who owns or otherwise controls a
wireless communication facility shall fail or refuse to permit a feasible
co-location, and this requires the construction and/or use of a new
wireless communication facility, the party failing or refusing to
permit a feasible co-location shall be deemed to be in direct violation
and contradiction of the policy, intent and purpose of the Village
and consequently such party shall take responsibility for the violation
and shall be prohibited from receiving approval for a new wireless
communication support structure within the Village for a period of
five years from the date of the failure or refusal to permit the co-location.
Applicants to the Zoning Board of Appeals regarding this provision
must demonstrate that enforcement of the five-year prohibition would
unreasonably discriminate among providers of functionally equivalent
wireless communication services or would have the effect of prohibiting
the provision of personal wireless communication services.
(5)
Incentive. Review of an application for co-location
on an existing structure in any nonresidential district shall be a
principal permitted use and shall be reviewed and approved administratively
by the Zoning Administrator upon receiving a positive recommendation
from the Village Planner and Village Engineer.
E. Removal.
(1)
A condition of every approval of a wireless
communication facility shall be adequate provision for removal of
all or part of the facility by users and owners upon the occurrence
of one or more of the following events:
(a)
When the facility has not been used for 180
days or more. For purposes of this section, the removal of antennas
or other equipment from the facility, or the cessation of operations
(transmission and/or reception of radio signals) shall be considered
as the beginning of a period of nonuse.
(b)
Six months after new technology is available
at reasonable cost, as determined by the Planning Commission, which
permits the operation of the communication system without the requirement
of the support structure.
(2)
The situations in which removal of a facility is required, as set forth in Subsection
E(1) above, may be applied and limited to portions of a facility.
(3)
Upon the occurrence of one or more of the events
requiring removal the property owner or persons who had used the facility
shall immediately apply for any required demolition or removal permits
and immediately proceed with and complete the demolition/removal.
(4)
If the required removal of a facility or a portion
thereof has not been lawfully completed within 60 days of the applicable
deadline, and after at least 30 days' written notice, the Village
may remove or secure the removal of the facility or required portions
thereof, with its actual cost and reasonable administrative charge
to be drawn, collected and/or enforced from or under the security
posted at the time of application.
A commercial greenhouse or nursery may be permitted
in certain districts, as specified in this chapter, subject to the
following:
A. Accessory retail sales shall be limited to only those
products which are grown or which are clearly incidental and accessory
to sales of grown materials, such as, but not limited to, potting
soil, household fertilizers, planters and horticultural books.
B. All areas for customer and employee parking shall
be set back at least 75 feet from all property lines.
C. All greenhouse buildings shall be set back at least
50 feet from any property line.
D. All service and storage areas for equipment and materials shall be set back at least 50 feet from any property line and shall be screened from view by a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with §
515-91.
Commercial indoor recreation uses may be permitted
in certain districts, as specified in this chapter, subject to the
following:
A. All off-street parking shall be screened by a landform buffer, buffer strip, or screen wall/fence and adjacent greenbelt in accordance with §
515-91.
B. The site shall have direct access to a major or secondary
thoroughfare.
C. The Planning Commission may regulate the hours of
operation as a condition of the special land use approval and permit.
D. Any outdoor recreational activities shall comply with §
515-133, Commercial outdoor recreation.
Commercial outdoor recreation, such as golf
courses, golf driving ranges, miniature golf, batting practice cages,
water slide parks, tourist-oriented outdoor amusements, and similar
uses, may be permitted in certain districts, as specified in this
chapter, subject to the following:
A. No activities, parking or structures shall be located
within 100 feet of an abutting single-family residential district
or within 50 feet of any property line.
B. Use of loudspeaker or public address systems for broadcasting
music or continuous announcements shall be prohibited. Any proposed
public address system shall be described in writing as a part of the
application for special land use approval and shall be detailed on
the site plan as to location of speakers, direction of speakers, duration/frequency
of use, and time(s) of use.
C. An outdoor lighting plan shall specify the type of
fixtures to be used, light intensity, and method of shielding the
fixtures so that light does not project onto adjoining properties
or any public or private street or right-of-way. The site plan shall
detail this information.
D. Hours of operation shall be included in writing as
a part of the application for special land use approval. Hours of
operation may be restricted by the Planning Commission in order to
reduce the impact of the proposed use on abutting residential areas.
E. All protective fencing/netting locations shall be
detailed on the site plan. The Planning Commission may regulate type,
size and location of said fencing/netting for aesthetic, visibility
and safety purposes.
F. All service and storage areas for equipment and materials shall be set back at least 50 feet from any property line and shall be screened from view by a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with §
515-91.
G. All parking areas shall be screened from adjoining properties by either a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with §
515-91.
H. The Planning Commission may require additional screening in conformance with §
515-91 where the Planning Commission determines such screening is necessary to reduce the impact of the proposed use on adjacent properties or rights-of-way.
I. See §
515-138 for equestrian stables and riding academies; §
515-127 for campgrounds; §
515-157 for shooting ranges and gun clubs.
Concrete and asphalt plants may be permitted
in certain districts, as specified in this chapter, subject to the
following:
A. The applicant shall demonstrate that the plant location
is appropriate, based on the source of sand and aggregate materials
for the plant. A market study shall be included which demonstrates
the need for the specific facility proposed to serve the surrounding
area.
B. The site plan shall demonstrate, supported by a written report submitted by the applicant, strict compliance with all local, county, state and federal requirements for air, groundwater and surface water quality. In particular, the written report shall address compliance with the performance standards in §
515-90, and the groundwater protection standards and the storage of hazardous substances standards in §
515-100, Site plan review.
C. The anticipated life of the plant, in years, shall
be specific and tied to the operator's anticipated local reserves
of the sand and aggregate materials for the plant.
D. The site shall have direct access to a paved regional
or major thoroughfare.
E. All plant equipment shall be set back a minimum 1,320
feet from any district which permits residential uses and 250 feet
from any property line.
F. The plant itself shall be screened on all property lines by a fifty-foot-wide landform buffer, buffer strip, or screen wall/fence and adjacent greenbelt in conformance with §
515-91. The Planning Commission may require additional landscaping or screening where the Planning Commission determines that it is necessary to prevent negative impact on adjacent properties or rights-of-way.
G. The special land use permit for a concrete or asphalt
plant shall be reviewed by the Planning Commission every two years
at a minimum. At least 30 days prior to transferring a permit for
a concrete or an asphalt plant, the operator shall notify the purchaser
of all conditions of the permit and shall notify the Village of the
name, address and phone number of the new owner/operator.
H. Performance guarantee.
(1)
Prior to commencement of construction, the applicant shall provide a performance guarantee, in accordance with §
515-205 in a form approved by the Village Council and in an amount of the cost of reclamation and restoration to return the site to its original condition. The cost of the work shall be estimated by the Village Engineer, as approved by the Village Council. The Engineer's estimate shall be based upon a review of the site plan and shall be in an amount sufficient to cover the cost of restoration of the site in the event the operation is abandoned.
(2)
The performance guarantee shall be without a
date of termination and shall run indefinitely, provided that it may
contain a cancellation clause providing that the Village is given
30 days' written notice. The performance guarantee shall be kept in
full force and effect until the area covered has been restored (materials
removed and site restored to its original condition).
(3)
In the event that the applicant cancels the
performance guarantee, the applicant shall provide a replacement performance
guarantee within 30 days of notice of cancellation, and in the event
no replacement is so provided, the applicant's approval shall be null
and void and all activities shall immediately terminate and the applicant
shall immediately begin reclamation or restoration. If he or she fails
to do so, the Village Council may cause the necessary work to be completed,
and the necessary and reasonable costs and expenses so incurred or
expended, including also the incidental administrative and legal costs,
shall be the obligation of and paid by the applicant.
(4)
Upon satisfactory completion of reclamation
and restoration work by the applicant, the Village shall issue a certificate
of completion, and the performance guarantee shall be canceled or
returned by the Village.
I. Temporary concrete or asphalt plants which are proposed
in conjunction with a specified road improvement or other large-scale
public works project may be permitted by the Planning Commission in
conformance with this section, subject to the following:
(1)
The proposed asphalt or concrete plant shall
be clearly incidental and a required accessory use to the primary
public works activity.
(2)
The facility shall be temporary and shall be
utilized solely for production of materials used directly for the
identified project.
(3)
The facility shall be removed at the completion
of the identified project and the site shall be restored. The Planning
Commission shall, as a condition of the special land use permit, require
submission and conformance with a restoration plan for the site.
(4)
The temporary use of a site under the provisions
of this subsection shall not be construed as granting any vested right
or nonconforming status for such use on a site.
A convalescent or rest home may be permitted
in certain districts, as specified in this chapter, subject to the
following:
A. All vehicular ingress and egress shall be directly
onto a major or secondary thoroughfare.
B. The minimum site size shall be two acres.
C. All buildings shall be set back at least 50 feet from
all property lines.
D. All parking areas shall be set back a minimum of 50 feet from all property lines. All parking areas shall be screened from adjoining properties by either a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with §
515-91.
E. There shall be an outdoor recreation area for the
use of residents. Said outdoor area may be located in such areas as
gardens, patios, decks, open space, walking paths, and the like. Recreation
space must be fully accessible to residents and of barrier-free design.
F. All service and storage areas for equipment and materials shall be screened from view by a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with §
515-91.
Because of the auto-oriented character of drive-through
facilities and similar establishments, they shall be permitted in
certain districts, as specified in this chapter, provided the following
conditions are met:
A. A building setback of at least 50 feet from the existing
street right-of-way (whichever is greater) shall be maintained.
B. Ingress and egress points shall be located at least
100 feet from the intersection of any two street right-of-way lines
or any abutting residential district.
C. An outdoor lighting plan shall specify the type of
fixtures to be used, light intensity, and method of shielding the
fixtures so that light does not project onto adjoining properties
or any public or private street or public right-of-way. The site plan
shall detail this information.
D. All drive-through lanes and vehicle queuing areas shall be screened from adjacent properties by a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with §
515-91.
E. All parking areas shall be screened from adjoining properties by either a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with §
515-91.
F. The Planning Commission may require additional screening in conformance with §
515-91 where the Planning Commission determines such screening is necessary to reduce the impact of the proposed drive-through use on adjacent properties or rights-of-way.
G. All vehicle maneuvering and queuing areas shall be
designed to accommodate all vehicles on site. No right-of-way may
be utilized for the stacking or maneuvering of vehicles in conjunction
with the drive-through facility.
H. All speakers and communication systems shall be described
in writing as a part of the application for special land use approval.
The site plan shall detail the location of all speakers and communication
system components. All such systems shall be designed to restrict
volume levels to the minimum necessary to service the immediate area
of intended communication and shall not permit communications to be
audible at the property line. The Planning Commission may require
limitations on hours of operation, additional buffering or redesign
of any communication system to eliminate impact on adjacent property.
Educational institutions including preschools,
elementary, middle and high schools, colleges, universities and other
such institutions of higher learning for profit and nonprofit, offering
courses in general, technical, or religious education may be permitted
in certain districts, as specified in this chapter, subject to the
following:
A. All ingress and egress from said site shall be directly
onto a principal arterial, minor arterial, or collector street.
B. No building shall be closer than 50 feet to any property
line and/or existing or proposed public right-of-way.
C. All parking, service and storage areas shall be screened from view by a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with §
515-91.
D. All areas for student and staff parking shall be set back at least 35 feet from an abutting residential district or residential use and shall be screened from view by a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with §
515-91.
E. Minimum parcel size shall be five acres.
F. The layout of all parking lots, driveways, waiting
areas and loading zones shall be designed with pedestrian safety as
the primary consideration.
G. An adequate dropoff area and waiting spaces shall
be provided so vehicles and school buses are not standing or queuing
in a public right-of-way or blocking ingress or egress to the site.
Private or commercial stables and riding academies
may be permitted in certain districts, as specified in this chapter,
subject to the following:
A. Private equestrian stables. Where the stable is utilized solely for horses and ponies belonging to the property owner, and where no boarding or other equestrian activity of any kind is offered to persons or organizations not in the immediate family of the property owner, no special approval is required. The private stable is subject to the provisions of §
515-155, Raising and keeping of animals.
B. Commercial equestrian stables and riding academies.
Commercial equestrian stables and riding academies, where permitted
by this chapter, shall conform with the following:
(1)
The minimum site size shall be 20 acres.
(2)
All buildings, corrals, and other enclosures
for animals shall be a minimum of 250 feet from any single-family
residential district and 150 feet from any other property line or
right-of-way.
(3)
All manure or other wastes produced or generated
by raising or keeping of farm animals shall be stored in a fashion
which reduces the nuisance impact of said wastes on adjacent properties.
No wastes shall be stockpiled for a period to exceed 120 days and
no wastes shall be stockpiled closer than 125 feet from any property
line. This subsection shall not be construed as preventing the spreading
of manure as fertilizer in conjunction with an agricultural operation.
(4)
All farm animals shall be adequately fenced
or corralled to prevent them from roaming off site.
(5)
There shall be no outdoor storage of customer's trailers or other vehicles for transporting horses. Storage of the owner's trailers and vehicles shall be permitted in conformance with §
515-98.
(6)
The application for special land use approval
shall include a written statement of the number of horses and ponies
which will be accommodated, the nature and duration of any equestrian
events which will be held, the planned or agreed use of any other
properties for riding or pasturing, and any agreements or arrangements
with any equestrian clubs, groups or organizations for use of the
facilities.
(7)
Off-street parking shall be provided in accordance
with a ratio of one space for each boarding stall. In addition, the
site plan shall demonstrate adequate off-street parking to accommodate
parking resulting from any approved equestrian events or activities
which will generate customer or spectator parking in excess of the
customary and incidental parking demand.
Extraction, soil removal and mining operations
may be permitted in certain districts, as specified in this chapter,
subject to the following:
A. The Planning Commission shall review the request for special land use approval in conformance with §
515-122, Application procedures and review standards. In addition, the proposed use shall comply with other standards of the Village of New Haven related to mineral extraction operations.
B. All extraction, soil removal and mining operations
shall demonstrate by the submission of a reclamation plan drawing
(minimum scale of one inch equals 100 feet) that rehabilitation of
the subject parcel, after operations are complete, will leave the
property suitable for future development with one of the permitted
uses in that particular zoning classification.
C. The Planning Commission may require additional screening,
landscaping, or setbacks to buildings or use areas where the Planning
Commission determines such conditions necessary to prevent negative
impact on adjoining properties or rights-of-way.
D. Granting of a special land use approval and permit
by the Planning Commission does not authorize the applicant to proceed
with development of the site and commencement of mining activities.
Should the Planning Commission grant special land use approval, the
applicant shall proceed with application for a license to operate
under the Village's code of ordinances regulating mineral extraction
operations.
A. The minimum site size shall be four acres with a minimum
lot width of 200 feet.
B. All operations shall be conducted within a completely
enclosed building.
C. The site shall have direct access onto a principal
or minor arterial.
D. All plant equipment shall be set back a minimum of
250 feet from any district which permits residential uses and 100
feet from any property line.
E. The application shall include a written report which documents conformance with the performance standards in §
515-90, and the groundwater protection standards and the storage of hazardous substances standards in §
515-100E.
F. The site shall be screened on all property lines by a fifty-foot-wide landform buffer, buffer strip, and screen wall/fence in conformance with §
515-91. The Planning Commission may require additional landscaping or screening where the Planning Commission determines that it is necessary to prevent negative impact on adjacent properties or rights-of-way.
Funeral homes may be permitted in certain districts,
as specified in this chapter, subject to the following:
A. The site shall have direct access to a principal arterial,
minor arterial, or collector street.
B. The minimum site size shall be two acres on a contiguous
parcel.
C. All parking areas shall be screened from adjoining properties by either a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with §
515-91.
D. The site plan shall include a floor plan of the proposed
structure(s) for use in determining required parking.
A. Group day-care homes shall be permitted in certain
districts, as specified in this chapter, subject to meeting the standards
contained in this section.
B. Location. The proposed use shall not be located closer
than 1,500 feet to any of the following facilities, as measured along
a street, road or other thoroughfare, excluding an alley:
(1)
Another licensed group day-care home.
(2)
Another adult foster care small group home or
large group home, licensed by the State of Michigan.
(3)
A facility offering substance abuse treatment
and rehabilitation service to seven or more people, whether or not
it is licensed by the State of Michigan.
(4)
A community correction center, resident home,
halfway house, or other similar facility which houses an inmate population
under the jurisdiction of the Department of Corrections or a similar
governmental authority.
C. Yard and placement requirements.
(1)
Front, rear and side yard minimums shall be
the same as the residential district in which it is located.
(2)
Maximum lot coverage: same as for the district
in which the use is located.
D. Environmental provisions and parking requirements.
Environmental provisions and parking requirements shall be as required
in this chapter.
(1)
On-site parking shall be provided for all employees,
in addition to the required off-street parking for the residence.
No off-street parking shall be permitted in the required front yard
space.
(2)
Decorative fencing shall be required next to
residential uses or districts in accordance with this chapter and
shall enclose all outdoor play areas.
E. Character of development. The requested site and building
shall be consistent with the visible characteristics of the neighborhood.
The group day-care home shall not require the modification of the
exterior of the dwelling nor the location of any equipment in the
front yard.
F. Signage. The use may have one nonilluminated sign,
not to exceed two square feet in area, and shall display only the
name and address of the group day-care home.
G. Hours of operation. Operating hours shall not exceed
16 hours during a twenty-four-hour period. Further, operating hours
shall be limited from 6:00 a.m. to 11:00 p.m. daily.
H. Inspection. The proposed use, if approved, shall be
inspected for compliance with these standards prior to occupancy and
at least once each year thereafter within 10 days of the anniversary
of the certificate of occupancy.
Hospitals may be permitted in certain districts,
as specified in this chapter, subject to the following:
A. The minimum site area shall be 10 acres.
B. The proposed site shall be located on a paved principal
or minor arterial street, with all vehicular access provided from
the principal or minor arterial.
C. All drives shall be located a minimum of 50 feet from
any adjacent property. Any drive which accommodates emergency access
shall be a minimum of 100 feet from any adjacent property.
D. All service areas and emergency vehicle access areas
shall be designed to minimize the impact on adjacent properties. The
Planning Commission may require locational, directional, landscaping
or screening modifications to ensure that these areas do not negatively
impact adjacent properties or rights-of-way.
E. All drives shall be designed to separate vehicular
and pedestrian traffic.
F. Parking and service areas shall be screened in conformance with §
515-91. The Planning Commission may require additional landscaping or screening where the Planning Commission determines it is necessary to reduce negative impacts on adjacent properties or rights-of-way.
G. A lighting and public address system plan shall be included with the site plan to ensure conformance with §
515-90, Performance standards.
Hotels and motels may be permitted in certain
districts, as specified in this chapter, subject to the following:
A. All vehicular ingress and egress shall be directly
onto a major or secondary thoroughfare. All drives shall be a minimum
of 25 feet from any district which permits residential uses.
B. The minimum site size shall be two acres.
C. All buildings shall be set back at least 50 feet from
all property lines, except within the GBD District.
D. All parking areas shall be set back a minimum of 50 feet from all property lines, except within the GBD District. All parking areas shall be screened from adjoining properties by either a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with §
515-91.
E. Any outdoor recreation area for the use of overnight
guests shall be detailed on the site plan and shall be designed to
minimize the visual or noise impacts of the outdoor activity on adjacent
property. All such areas shall be accessible to only overnight guests
and shall be of barrier-free design.
F. All service and storage areas for maintenance equipment shall be screened from view by a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with §
515-91.
G. The Planning Commission may require additional screening, buffering or landscaping along any property line where the Planning Commission determines such additional improvements would be necessary to reduce the impact on adjoining properties. Said screening, buffering or landscaping shall be in accordance with §
515-91.
Private and commercial kennels, veterinary offices
with outdoor runs or animal use areas, and animal hospitals may be
permitted in certain districts, as specified in this chapter, subject
to the following:
A. Private kennels.
(1)
All private kennels, where permitted after special land use approval, shall be considered a residential accessory use. All outdoor runs, pens and structures shall be in conformance with §
515-78, Accessory buildings and structures. For purposes of this section, "accessory building" shall include fenced pens, cages and other structures designed, intended or used for the housing or use of animals.
(2)
Private kennels shall not be located on a parcel
or lot of less than two acres.
(3)
All animal use areas shall be completely fenced
by a minimum six-foot-high fence and shall be located only in a rear
yard.
(4)
All animals shall be adequately housed, fenced
and maintained so as not to be or become a public or private nuisance.
The premises shall be maintained in such a manner so as not to be
harmful to surrounding properties or create any hazard or detriment
to public health, safety or general welfare.
(5)
No breeding, grooming, training, boarding or
veterinary activities shall be permitted in conjunction with any private
kennel.
(6)
The proposed private kennel facilities shall
be located and designed to reduce the negative impact of noise on
adjacent properties.
(7)
Any special land use approval or permit for
a private kennel granted by the Planning Commission under this section
shall terminate immediately when the lot area requirements herein
set forth are decreased in any manner or the provisions of this chapter
violated.
(8)
The Planning Commission may require screening, buffering or landscaping along any property line which abuts a single-family residential district or which contains an existing single-family house. Said screening, buffering or landscaping shall be in accordance with §
515-91.
B. Commercial kennels; veterinarian clinics with outdoor
animal use areas.
(1)
The proposed site shall abut a principal arterial,
minor arterial or collector street.
(2)
All pens and runs shall be completely fenced
by a minimum six-foot-high fence or masonry wall, located only in
a rear yard, and set back a minimum 20 feet from any property line.
Where the proposed commercial kennel is located in any district which
abuts a single-family residential district all pens and runs shall
be within a completely enclosed building.
(3)
All breeding areas shall be within a completely
enclosed building.
(4)
All animals shall be adequately housed, fenced
and maintained so as not to be or become a public or private nuisance.
The premises shall be maintained in such a manner so as not to be
harmful to surrounding properties or create any hazard or detriment
to public health, safety or general welfare.
(5)
Commercial kennels shall provide one off-street parking space for each five kennel runs in addition to the parking required for other uses in accordance with §
515-101.
(6)
The proposed commercial kennel facilities shall
be located and designed to reduce the negative impact of noise on
adjacent properties.
(7)
In addition to the screening and landscaping requirements specified in §
515-91, the Planning Commission may require additional screening where the Planning Commission determines such screening is necessary to reduce the impact of the proposed commercial kennel on adjacent properties or rights-of-way.
A. The minimum site size shall be 10 acres.
B. Farming activities shall be limited to growing crops
and raising of livestock in a manner consistent with the Village character.
Agribusinesses, chicken farms, feedlots and similar intensive agricultural
uses shall not be permitted.
C. The raising and keeping of large animals shall be in accordance with §
515-155.
D. All limited (hobby) farms shall be maintained and
operated in conformance with generally accepted farming practices
to minimize the negative impacts of an aspect of the farm operation
on adjacent properties.
Lumber and planing mills may be permitted in
certain districts, as specified in this chapter, subject to the following:
A. The use shall be completely enclosed with no activities
occurring outdoors except ancillary storage, loading and unloading
of raw materials and finished products.
B. Outdoor storage yards associated with the use(s) shall be located in conformance with §
515-152.
Motor freight and truck terminals may be permitted
in certain districts, as specified in this chapter, subject to the
following:
A. The site shall be designed to minimize negative impact
on adjacent properties with regard to noise, glare, dust or fumes.
B. All loading/truck service areas shall be located in
compliance with the following:
(1)
Truck bays shall be located only on the side
or rear of buildings.
(2)
All truck-loading areas shall be screened from adjacent properties and rights-of-way by a landform buffer, buffer strip, or screen wall/fence and adjacent greenbelt in accordance with §
515-91. The Planning Commission may require additional screening or landscaping where the Planning Commission finds it necessary to minimize the impact of the facility on adjacent properties and rights-of-way.
(3)
A minimum fifty-foot setback shall be maintained
between any loading area and any property line.
C. Site lighting shall be designed and regulated in accordance with §
515-90. All lighting shall be detailed on the site plan and designed to prevent glare on adjacent properties.
D. Proposed maintenance facilities, including fueling
stations, shall be noted on the site plan.
E. Loudspeakers or public address systems may be permitted,
subject to the following criteria:
(1)
Any proposed sound system shall be detailed
on the site plan.
(2)
The facility and proposed sound system shall
be designed so as to minimize the level of noise generated and the
impact on adjacent properties. Such design alternatives include, but
are not limited to, time/volume limitations on the use of sound systems,
directional/locational speaker limitations, sound-deadening construction
materials and landscaping.
(3)
The Planning Commission shall review the special approval after one year to determine if there are any noise-related problems regarding the approved sound system. In reviewing the special approval, the Planning Commission shall consult the Zoning Administrator, whose report, along with any public comments at the review hearing, shall form the basis for any subsequent decisions by the Planning Commission. If the Planning Commission finds a noise-related problem, the Planning Commission may require that additional measures be taken by the owner to reduce or eliminate the problem(s) in accordance with Subsection
E(2) above.
A. All such uses shall be licensed by the State of Michigan.
B. All such uses shall provide adequate dropoff and waiting
spaces so that vehicles are not standing or queuing in a public right-of-way
or blocking ingress to the site.
C. The site layout shall be designed to ensure pedestrian
safety by separating play and recreation areas and dropoff/pickup
points from parking and driveways.
D. A minimum of 100 square feet of outdoor play area
shall be provided for each child, with a minimum of 1,200 square feet.
E. Outdoor play areas shall be located to minimize the
impact of noise on adjacent residential property. The Planning Commission
may require screening, buffering, and locational modifications to
the proposed site plan to minimize impacts on adjacent residential
property.
F. All outdoor recreation or play areas shall be enclosed
by a minimum four-foot-high chain-link or other fence enclosure.
Outdoor cafes, when incidental to a permitted
use in the GBD General Business Downtown District, may be permitted,
provided the following conditions are met:
A. Outdoor dining areas shall be separated from parking
areas, public rights-of-way and other common areas by an ornamental
fence, landscaping or other material acceptable to the Planning Commission.
When adjacent to a pedestrian walk, a six-foot sidewalk width shall
be maintained for pedestrian flow.
B. Lighting for outdoor dining areas shall be noted on a site plan and shielded downward and away from adjacent properties and rights-of-way. All lighting shall be designed to prevent glare from negatively impacting adjacent properties or rights-of-way. See §
515-90 for specific requirements for site lighting.
C. Parking for an outdoor cafe shall be determined by
the Planning Commission, based upon the size of the outdoor dining
area in relation to the permanent seating in the principal use as
follows. In determining whether a restaurant must provide additional
parking for its outdoor cafe, the Planning Commission shall use the
following guidelines:
(1)
If the outdoor seating is 25% or less of the
seating capacity indoors, no additional parking is necessary.
(2)
If the outdoor seating is 26% to 50% of the
seating capacity indoors, additional parking shall be required up
to 125% of the parking required for the indoor space, as determined
by the Planning Commission.
(3)
If the outdoor seating is over 50% of the seating
capacity indoors, additional parking shall be required up to 150%
of the parking required for the indoor space, as determined by the
Planning Commission.
Outdoor sales lots for automobiles, trucks,
trailers, boats, mobile homes, and similar uses may be permitted in
certain districts specified in this chapter, subject to the following:
A. An outdoor lighting plan shall specify the type of
fixtures to be used, light intensity and method of shielding the fixtures
so that light does not project onto adjoining properties or on any
public or private street or right-of-way. The site plan shall detail
this information.
B. There shall be no festoon signs or bare light bulbs
permitted.
C. No vehicles or merchandise for sale shall be displayed
within any required greenbelts, landform buffers, buffer strips, or
other landscaped or open space area.
D. Loudspeakers or public address systems may be permitted,
subject to the following criteria:
(1)
Any proposed sound system shall be clearly detailed
on the site plan.
(2)
The facility and proposed sound system shall
be designed so as to minimize the level of noise generated. Such design
alternatives include, but are not limited to, sound-deadening construction
materials, time/volume limitations on use of sound systems, directional/locational
limitations on speaker/public address system locations, and landscaping.
(3)
The Planning Commission shall review the special
approval in one year to determine if there are any noise-related problems
regarding the approved sound system. In reviewing the special approval,
the Planning Commission shall consult the Zoning Administrator. A
report from the Zoning Administrator, along with any public comment
at the review hearing, shall be the basis for any subsequent decision(s)
by the Planning Commission.
(4)
If the Planning Commission finds a noise-related problem(s), based upon the Zoning Administrator's and public's comments as noted above, the Planning Commission may require that additional measures be taken by the owner to reduce or eliminate the noise-related problem in accord with Subsection
D(2) above as a condition of continuing the special land use approval and permit.
E. A landform buffer, buffer strip, or screen wall and
adjacent greenbelt shall be located on all property lines which abut
any district which permits residential uses.
F. The Planning Commission may require additional screening, buffering or landscaping along any property line where the Planning Commission determines such additional improvements would be necessary to reduce the impact of the proposed outdoor sales lot on adjoining properties. Said screening, buffering or landscaping shall be in accordance with §
515-91.
Outdoor storage yards may be permitted in certain
districts, as specified in this chapter, subject to the following:
A. The site plan shall detail the location and type of
equipment or materials proposed to be stored in the outdoor storage
yards. Anticipated duration of storage of specified materials, height,
and extent of area covered by materials shall also be indicated on
the site plan.
B. Storage yards shall have either direct access to a
regional or major arterial roadway or access to a regional or major
arterial roadway via an internal industrial service road or industrial
collector road. Access shall be at least 500 feet from any single-family,
multifamily or mobile home residential area.
C. All vehicular use areas shall be paved with asphalt or concrete. Areas used exclusively for storage may be gravel or crushed stone surface, as approved by the Planning Commission. All proposed surface areas shall be detailed on the site plan and shall be in conformance with §
515-90.
D. All lighting shall be shielded downward and away from adjacent properties and rights-of-way. All lighting locations shall be noted on the site plan and shall be in conformance with §
515-90.
E. A minimum twenty-foot-wide landform buffer or buffer strip shall be provided along all property lines within 100 feet of a public or private road right-of-way or residentially zoned property in accordance with §
515-91. In addition, a minimum six-foot-high screen wall or obscuring decorative, pressure-treated or cedar wood fence shall be provided behind the required landform buffer or buffer strip wherever the site abuts a district which permits residential uses or any public or private right-of-way. The Planning Commission may require said screening wall/fence to be increased in height to a maximum of eight feet where necessary to adequately screen stored materials. The Planning Commission may require additional landscaping and screening where the Planning Commission finds that it is necessary to minimize the impact on adjacent properties. Where outdoor storage yards are used to display equipment for sale, the Planning Commission shall have the discretion to waive the screening wall/fence requirement.
F. No storage area shall be located within 20 feet of
any property line. Stored material shall not exceed eight feet in
height within 50 feet of any property line.
G. The Planning Commission and Village Council may request
review and comment on the proposed outdoor storage yard from the Fire
Marshal and MDEQ where the materials proposed to be stored may pose
an environmental or safety hazard.
H. The Planning Commission shall review the site one
year from approval to ensure compliance with this section and the
special land use permit.
I. There shall be no burning on the site.
J. All industrial processes, including the use of equipment
for compressing or packaging, shall be conducted at least 200 feet
from the exterior property line; provided, however, that occasional
metal cutting shall be allowed anywhere within the wall or fence provided
that adequate measures are taken to ensure against fire and adjacent
properties are protected from glare and noise, including excessive
intermittent noise.
K. The applicant shall provide a written plan for the
control of dust on site. This plan shall address how storage piles
will be treated to minimize dust and how dust will be controlled when
materials are moved to and from piles from transport vehicles (including
trucks and railcars). This plan shall be made part of the application
package and shall be subject to approval by the Planning Commission.
L. A drainage plan addressing the impact of stored material
on the site drainage system and ensuring that stormwater runoff from
the site shall not exceed the agricultural runoff rate shall be submitted
as part of the application package.
M. Performance guarantee.
(1)
Prior to commencement of construction, the applicant shall post a performance guarantee in accordance with §
515-205 with the Village Clerk in a form approved by the Village Council and in an amount of the cost of reclamation and restoration to return the site to its original condition. The cost of the work shall be estimated by the Village Engineer, as approved by the Village Council. The Engineer's estimate shall be based upon a review of the site plan and shall be in an amount sufficient to cover that cost of restoration of the site in the event the operation is abandoned.
(2)
The performance guarantee shall be without a
date of termination and shall run indefinitely, provided that it may
contain a cancellation clause providing that the applicant may cancel
the performance guarantee by giving the Village 30 days' written notice.
The performance guarantee shall be kept in full force and effect until
the area covered by the bond has been restored (materials removed
and site restored to its original condition).
(3)
In the event that the performance guarantee
is canceled, the applicant shall provide a replacement performance
guarantee within 30 days of notice of cancellation, and in the event
no replacement is so provided, the applicant's approval shall be null
and void and all activities shall immediately terminate and the applicant
shall immediately begin reclamation or restoration. If he or she fails
to do so, the Village Council may cause the necessary work to be completed,
and the necessary and reasonable costs and expenses so incurred or
expended, including also the incidental administrative and legal costs,
shall be the obligation of and paid by the applicant.
(4)
Upon satisfactory completion of reclamation
and restoration work by the applicant, the Village shall issue a certificate
of completion and the performance guarantee shall be canceled or returned
by the Village.
Churches, synagogues and other places of worship
may be permitted in certain districts specified in this chapter, subject
to the following:
A. The site shall have direct access to a principal arterial,
minor arterial, or collector street.
B. The minimum site size shall be two acres on a contiguous
parcel.
C. All parking areas shall be screened from adjoining properties by either a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with §
515-91.
D. The principal building shall comply with all setback
requirements of the district in which it is located. In no case shall
the principal building be located closer than a distance equal to
its height to any property line.
E. The site plan shall include a floor plan of the proposed
structure(s) for use in determining required parking.
F. The site plan shall detail any proposed outdoor use
areas (playgrounds, shrines, etc.), including means of pedestrian
and vehicular access, if applicable. All lighting shall be noted on
the site plan and shielded downward and away from adjacent properties
and rights-of-way. All lighting shall be designed to prevent glare
from negatively impacting adjacent properties or rights-of-way.
Public buildings and uses with outdoor storage
yards may be permitted in certain districts specified in this chapter,
subject to the following:
A. The site shall have all access from a principal arterial
or minor arterial street.
B. Outdoor storage yards shall be accessory to the principal
public building or use on the same site.
C. Compliance with all provisions of §
515-152, Outdoor storage yards, shall be required.
D. All parking areas, drives and structures shall be screened from view from adjacent residentially zoned properties by a seventy-five-foot-wide buffer area with a berm that meets the standards of §
515-91.
E. No overhead doors shall face any residentially zoned property; provided, however, that said overhead doors may face residentially zoned properties if the berm required in Subsection
D above is increased to a minimum of eight feet in height.
F. In order to minimize noise and visual impacts, truck
parking areas and fueling stations shall be placed so they are screened
from any residentially zoned property by a principal or accessory
building, and such site features shall be placed at least 200 feet
from any residentially zoned property. The Planning Commission may
permit the applicant to substitute or augment the requirement to screen
truck parking and fueling stations by the placement of an eight-foot
landscape berm constructed according to the truck parking areas/fueling
stations shall also be provided.
G. The maximum height for structures may be increased
to 35 feet if set back from all residentially zoned property by a
minimum of 200 feet.
The raising or keeping of large animals, as defined in §
515-3, on lots at least two acres in size in an SF District may be permitted, as specified in this chapter, in conformance with the following:
A. Minimum lot area shall be two acres.
B. The maximum number of large animals which may be permitted
by the Planning Commission shall be in accordance with the following:
|
Lot Area
(acres)
|
Number of Large Animals Permitted
|
---|
|
2
|
1
|
|
3
|
2
|
|
4
|
3
|
|
5
|
4
|
|
6 or more
|
4 plus one for each additional acre
|
C. All manure or other wastes produced or generated by
raising or keeping of farm animals shall be stored in a fashion which
reduces the nuisance impact of said wastes on adjacent properties.
No wastes shall be stockpiled for a period to exceed 120 days, and
no wastes shall be stockpiled closer than 100 feet from any property
line. This subsection shall not be construed as preventing the spreading
of manure as fertilizer in conjunction with an agricultural operation.
D. All accessory buildings, structures or use areas for farm animals shall be set back a minimum of 50 feet from any property line. Accessory buildings and structures shall be constructed and maintained in accordance with §
515-78.
E. All farm animals shall be adequately fenced or corralled
to prevent them from roaming off site.
F. The raising of a single farm animal for a 4-H or similar educational program shall be exempt from this section but shall conform with all provisions of §
515-102.
Salvage/recycling yards (junkyards) may be permitted
in certain districts, as specified in this chapter, subject to the
following:
A. The site shall be designed in conformance with the performance standards in §
515-90 to minimize negative impact on the site and adjacent properties.
B. Outdoor trash storage areas shall be screened from view in conformance with §
515-91K(1). All trash and refuse shall be stored within said enclosure. Compactors which are solely accessed directly from the interior of a building and which have no exterior access points do not require screening.
C. All loading/truck service areas shall be located entirely
within the boundaries of the proposed site and shall be designed to
minimize negative impact on adjoining properties and rights-of-way.
No stacking, queuing, or maneuvering of delivery or service vehicles
shall occur within a right-of-way or road. All service, loading, and
vehicular use areas shall be paved with asphalt or concrete.
D. The site plan shall detail the location of all outdoor
storage areas, storage rack locations, type of material or vehicle
stored, and height of materials or vehicles stored.
E. A minimum forty-foot-wide landform buffer or buffer strip shall be provided along all property lines in accordance with §
515-91. In addition, a minimum six-foot-high screen wall or fence shall be provided behind the required landform buffer or buffer strip wherever the site abuts a district which permits single-family residential uses or any public or private right-of-way. The Planning Commission may require said screening wall/fence to be increased in height to a maximum of eight feet where necessary to adequately screen stored materials. The Planning Commission may require additional landscaping and screening where the Planning Commission finds that it is necessary to minimize the impact on adjacent properties.
F. No storage area shall be located within 20 feet of
any property line. Stored material shall not exceed eight feet in
height within 50 feet of any property line.
G. Where the activity involves any hazardous substances or polluting materials, all use areas shall be designed to prevent any release of the materials into the environment. At a minimum, this shall include full conformance with the groundwater protection standards detailed in §
515-90.
H. To protect groundwater resources, all areas for dismantling
of automotive and truck parts and vehicles shall be fully enclosed
and situated on a paved surface that includes a system for collecting
spills of automotive and automotive-type fluids. These fluids and
any and all other types of hazardous materials shall be contained
in approved storage units and disposed of in accordance with state
and federal laws.
I. A drainage plan addressing the impact of stored material
on the site drainage system and ensuring that stormwater runoff from
the site shall not exceed the agricultural runoff rate shall be submitted
as part of the application package.
J. The Planning Commission shall review the special approval
one year from the date of Planning Commission approval to review the
facility operation. In reviewing the special approval, the Planning
Commission shall consult the Zoning Administrator, along with any
public comment at the review hearing, which shall form the basis for
any subsequent decision(s) by the Planning Commission. The Planning
Commission may require that additional measures be taken by the owner
to address any operational problems which do not comply with the standards
of this chapter or conditions of the Planning Commission's special
land use approval and permit.
K. Salvage/recycling yards shall have either direct access
to a regional or major arterial roadway or access to a regional or
major arterial roadway via an internal industrial service road or
industrial collector road. Access shall be at least 500 feet from
any single-family, multifamily or mobile home residential area.
L. All vehicular use areas shall be paved with asphalt
or concrete. Areas used exclusively for storage may be gravel or crushed
stone surface, as approved by the Planning Commission. All proposed
surface areas shall be detailed on the site plan.
M. All lighting shall be shielded downward and away from
adjacent properties and right-of-way. All lighting locations shall
be noted on the site plan.
N. The Planning Commission and Village Council may request
review and comment on the proposed outdoor storage yard from the Fire
Marshal and MDEQ where the materials proposed to be stored may pose
an environmental or safety hazard.
O. There shall be no burning on the site.
P. All industrial processes, including the use of equipment
for compressing or packaging, shall be conducted at least 200 feet
from the exterior property line; provided, however, that occasional
metal cutting shall be allowed anywhere within the wall or fence provided
that adequate measures are taken to ensure against fire and adjacent
properties are protected from glare and noise, including excessive
intermittent noise.
Q. The applicant shall provide a written plan for the
control of dust on site. This plan shall address how storage piles
will be treated to minimize dust and how dust will be controlled when
materials are moved to and from piles from transport vehicles (including
trucks and rail cars). This plan shall be made part of the application
package and shall be subject to approval by the Planning Commission.
R. Performance guarantee.
(1)
Prior to commencement of construction, the applicant shall post a performance guarantee in accordance with §
515-205 with the Village Clerk in a form approved by the Village Council and in an amount of the cost of reclamation and restoration to return the site to its original condition. The cost of the work shall be estimated by the Village Engineer, as approved by the Village Council. The Engineer's estimate shall be based upon a review of the site plan and shall be in an amount sufficient to cover the cost of restoration of the site in the event the operation is abandoned.
(2)
The performance guarantee shall be without a
date of termination and shall run indefinitely, provided that it may
contain a cancellation clause providing that the applicant may cancel
the performance guarantee by giving the Village 30 days' written notice.
The performance guarantee shall be kept in full force and effect until
the area covered by the bond has been restored (materials removed
and site restored to its original condition).
(3)
In the event that the performance guarantee
is canceled, the applicant shall provide a replacement performance
guarantee within 30 days of notice of cancellation, and in the event
no replacement is so provided, the applicant's approval shall be null
and void and all activities shall immediately terminate and the applicant
shall immediately begin reclamation or restoration. If he or she fails
to do so, the Village Council may cause the necessary work to be completed,
and the necessary and reasonable costs and expenses so incurred or
expended, including also the incidental administrative and legal costs,
shall be the obligation of and paid by the applicant.
(4)
Upon satisfactory completion of reclamation
and restoration work by the applicant, the Village shall issue a certificate
of completion and the performance guarantee shall be canceled or returned
by the Village.
Shooting ranges and gun clubs may be permitted
in certain districts, as specified in this chapter, subject to the
following:
A. The minimum site area shall be 80 acres with a minimum
lot width of 1,320 feet.
B. Off-street parking shall be provided in accordance with §
515-101. Parking spaces shall be provided at a ratio of one space for each two range shooting spaces.
C. All parking areas shall be screened from view in accordance with §
515-91. The Planning Commission may require additional screening or landscaping where the Planning Commission determines it is necessary to prevent negative impacts on adjacent properties.
D. Hours of operation shall be limited to 9:00 a.m. to
7:00 p.m. Monday through Saturday and 12:00 noon through 6:00 p.m.
on Sundays. The Planning Commission may restrict hours further in
order to reduce the impact of the facility on adjacent residential
uses.
E. The facility shall be designed to reduce the negative
impact on adjacent properties from noise. Site layout, berming, setbacks,
and building placement shall be considered in the Planning Commission's
determination that this criteria has been met by the applicant.
F. The design of the facility shall demonstrate that
the safety of all persons on and off the site has been assured. This
shall be interpreted to mean that the site has been designed to prevent
projectiles of any sort from leaving the site. The application shall
include a written report specifying in detail conformance of the proposed
facility with the design, safety and operations recommendations and
guidelines of the National Rifle Association's The Range Manual. The
Planning Commission shall not consider an application until this information
has been submitted for review.
G. All firing range areas shall be completely fenced,
except at the firing line, by a minimum eight-foot-high chain-link
fence or appropriate alternative construction.
H. The firing line or other area from which firearms
are discharged shall be located no closer than 150 feet from any property
line or right-of-way. This setback shall be increased to 500 feet
from any residential structure.
I. The application shall include a written statement
which specifies any activities on the site which will include any
firearm, air-gun, bow or other projectile activities outside of a
designated shooting range. This shall include skeet, survival games,
hunting reserves and the like. The site plan shall also detail these
areas. Conformance with The Range Manual, where applicable, shall
be demonstrated.
J. The application shall include a written statement
which specifies any activities on the site which will include any
parking, spectator or participant demands or uses on the site in excess
of what would be normal and customary for the primary uses at the
site. This shall include special events, competitions, gun shows and
the like. The Planning Commission shall have the authority to limit
or prevent use of the facility for these types of activities where
the Planning Commission determines such activities are not compatible
with adjoining land uses.
Tool, die, gauge, metal plating and machine
shops may be permitted in certain districts, as specified in this
chapter, in conformance with the following:
A. The application shall include a written report which documents conformance with the performance standards in §
515-90 and the groundwater protection standards in §
515-100E.
B. Outdoor storage yards shall conform to the provisions of §
515-152.
C. Screening and landscaping shall be provided in conformance with §
515-91. The Planning Commission may require additional landscaping or screening where the Planning Commission determines it is necessary to protect adjacent properties or rights-of-way from negative impacts of the proposed use(s).
D. The site shall be designed to minimize the impact
of the proposed facility on adjacent land uses and rights-of-way.
This shall include building and outdoor use area design and location,
screening, landscaping, bulk and height of proposed structures, and
drive/parking location.
A. Local utility structures. Utility structures, such
as, but not limited to, electric transformer stations and substations,
gas regulator stations, sewer lift stations, and the like, may be
permitted in all districts, subject to the following:
(1)
Operating requirements necessitate the proposed
location in order to serve the residents of the Village.
(2)
All such uses shall be completely enclosed and
without storage yards.
(3)
No structure shall exceed the height limit of
the district in which it is to be located.
(4)
All buildings shall be designed to be compatible
in style and materials with other uses permitted in the district.
(5)
No building shall be located closer than 50
feet to any property line abutting land zoned for residential use.
(6)
A landform buffer, buffer strip or screen wall
and adjacent greenbelt shall be provided around the entire perimeter
of the utility building site. The Planning Commission may require
additional screening or landscaping where the Planning Commission
determines it is necessary to minimize the impact of the utility structure
on adjacent properties.
(7)
Adequate off-street parking shall be provided
for any service personnel and all drives and parking areas shall be
paved with asphalt or concrete.
B. Utility transmission systems. Utility transmission
systems, such as, but not limited to, high-voltage electric transmission
lines and high-pressure gas pipelines may be permitted in certain
districts, as specified in this chapter, subject to the following:
(1)
All such utility lines shall follow existing
utility corridors where feasible, as determined by the Planning Commission.
(2)
Selective clearing techniques shall be used
throughout a utility corridor or property for installation of towers,
lines, pipelines, service roads, drainage facilities and similar facilities.
Existing vegetation shall be maintained, whenever possible, throughout
the remainder of the corridor not affected by the actual installation
of approved facilities.
(3)
Any area cleared by necessity in the construction
of such approved facilities may be subject to conditions imposed by
the Planning Commission for its immediate restoration by replanting
or similar techniques.
(4)
During construction or repair of any facilities
approved hereunder, the following shall be required:
(a)
All internal roads shall be kept dust-free.
(b)
Any damage to public or private roads, fences,
structures, or facilities shall be repaired immediately.
(c)
No wastes or spoils of any kind, such as tree
stumps, construction wastes, trash and the like, shall be left after
construction or repair operations are complete.
(d)
All construction operations shall be confined
to daylight hours, Monday through Saturday, unless permitted as a
condition of approval by the Planning Commission.
(5)
The existence of one line or facility approved
hereunder does not imply permission to erect any other lines or facilities
other than those originally permitted.
C. Utility transmission structures. Utility transmission
structures, such, as but not limited to, high-voltage electric stations,
gas compressor stations, and telephone exchange buildings may be permitted
in certain districts, as specified in this chapter, subject to the
following:
(1)
The following types of utility transmission structures shall be permitted after special land use approval, only in the listed districts (See §§
515-112 and
515-130 for regulations pertaining to wireless communications facilities.):
|
Use
|
District
|
---|
|
Electric stations
|
All districts
|
|
Telephone exchange buildings
|
All districts
|
|
Gas compressor stations
|
LI, HI
|
(2)
In order to provide a compatible community appearance and to prevent noise levels, odors, dust and similar external physical effects from adversely affecting adjoining properties, all equipment shall be completely enclosed within a building, unless the setback and screening guidelines specified in Subsection
C(3) below are met.
(3)
If the equipment proposed will not be enclosed within a building, a setback of 100 feet from all property lines shall be required. In addition, a landform buffer, buffer strip, or screen wall and adjacent greenbelt shall be provided in accordance with §
515-91. The Planning Commission, after considering the type, size, height and anticipated noise levels of all equipment being proposed, may require additional landscaping or screening where the Planning Commission determines it is necessary to minimize the impact on adjacent properties.
(4)
All buildings permitted under this section shall
be set back at least 100 feet from all adjoining property lines. Expansions
of transmission facilities, which facilities existed prior to the
effective date of this section, may be placed within 100 feet of an
adjoining property line, after review and finding by the Planning
Commission that said expansion is a necessary and logical design.
(5)
Where there will be employees stationed at the
utility building on a permanent or intermittent basis, adequate off-street
parking shall be constructed with an asphalt or concrete surface.
(6)
There shall be no outdoor storage of equipment
and/or materials which are not necessary for daily operations of any
utility building site, except those which are necessary for safety
or emergency repairs at that particular utility transmission structure
site.
Vehicle convenience stations may be permitted
in certain districts, as specified in this chapter, subject to the
following:
A. Retail gasoline sales and convenience commercial facilities
(no vehicle repair).
(1)
All structures shall conform to the setback provisions in Article
XVIII, Schedule of Regulations. Canopies shall be set back a minimum of 30 feet from all
property lines.
(2)
All retail sales activity, other than gasoline
sales, shall be conducted entirely within a completely enclosed structure.
No outside storage of any product or material is permitted.
(3)
All lighting shall be noted on the site plan
and shielded downward and away from adjacent properties and rights-of-way.
All lighting shall be designed to prevent glare from negatively impacting
adjacent properties or rights-of-way.
(4)
There shall be no storage of vehicles on the
site, including wreckers or other service vehicles.
(5)
A six-foot-high masonry wall of face brick or poured concrete with brick pattern on both sides shall be located on all property lines which abut any residential zoning district. In addition, a five-foot-wide greenbelt shall be installed adjacent to the required wall. The wall and greenbelt shall be constructed in accordance with the criteria in §
515-91. Where the parcel abuts any other district, the screening and landscaping options in §
515-91 shall be applied by the Planning Commission.
(6)
There shall be no loudspeaker or public address
system other than individual intercom systems for each pump.
(7)
No vehicle wash facilities, whether roll-over, self-serve, or drive-through, are permitted unless approved by the Planning Commission under §
515-163.
(8)
Primary ingress/egress shall be off of a principal
arterial, minor arterial, or collector road. Secondary ingress/egress
on any residential street shall be designed to reduce negative impact
on adjacent residential areas. On corner sites, ingress and egress
drives shall be located at least 100 feet from the intersection or
right-of-way lines of the two roads, taking into consideration the
location of adjacent drives and uses. Drives shall be limited to one
per adjacent road unless it is clearly demonstrated by the applicant
that additional access is necessary for safety reasons.
(9)
All trash storage areas shall be screened from view in accordance with §
515-91K(1).
(10)
The location, size and type of all aboveground and underground storage tanks and piping shall be noted on the site plan. All tanks shall have appropriate secondary containment and leak detection which shall be noted on the site plan. All tanks shall be registered and otherwise comply with all state and local codes. (See §
515-100E.)
B. Retail gasoline sales with limited repair facilities.
(2)
No outdoor storage or parking of wreckers or
other service vehicles is permitted.
Vehicle repair garages may be permitted in certain
districts, as specified in this chapter, subject to the following:
A. No vehicles awaiting service shall remain on site
for more than 36 hours.
B. All repair services shall be conducted within a completely
enclosed building.
C. All trash storage areas shall be screened from view in accordance with §
515-91K(1). All discarded vehicle parts shall be kept inside the enclosure and shall not be permitted to accumulate for periods longer than one week.
D. A six-foot-high masonry wall of face brick or poured concrete with brick pattern on both sides shall be located on all property lines which abut any residential zoning district. In addition, a five-foot-wide greenbelt shall be installed adjacent to the required wall. The wall and greenbelt shall be constructed in accordance with the criteria in §
515-91. Where the parcel abuts any other district, the screening and landscaping options in §
515-91 shall be applied by the Planning Commission.
E. Management plans shall be maintained for the collection,
storage, and recycling or proper disposal of all new, used or waste
automotive fluids resulting from repair or service operations.
F. The location, size and type of all aboveground and underground storage tanks and piping shall be noted on the site plan. All tanks shall have appropriate secondary containment and leak detection which shall be noted on the site plan. All tanks shall be registered and otherwise comply with all state and local codes. (See §
515-100E.)
Vehicle service centers may be permitted in
certain districts specified in this chapter subject to the following:
A. The use shall be completely enclosed within a building.
B. No vehicles awaiting repair shall remain on site for
more than 24 hours.
C. A six-foot-high masonry wall of face brick or poured concrete with brick pattern on both sides shall be located on all property lines which abut any residential zoning district. In addition, a five-foot-wide greenbelt shall be installed adjacent to the required wall. The wall and greenbelt shall be constructed in accordance with the criteria in §
515-91. Where the parcel abuts any other district, the screening and landscaping options in §
515-91 shall be applied by the Planning Commission.
D. All trash storage areas shall be screened from view in accordance with §
515-91K(1).
E. Management plans shall be maintained for the collection,
storage and recycling or proper disposal of all new, used or waste
automotive fluids resulting from repair or service operations.
F. The location, size and type of all aboveground and underground storage tanks and piping shall be noted on the site plan. All tanks shall have appropriate secondary containment and leak detection which shall be noted on the site plan. All tanks shall be registered and otherwise comply with all state and local codes. (See §
515-100E.)
Self-service and automatic vehicle wash facilities
may be permitted in certain districts, as specified in this chapter,
subject to the following:
A. The site plan shall detail all required parking and vehicular standing areas as required in §
515-101, Off-street parking.
B. The site shall be designed to minimize the potential
for excess water from clean vehicles dripping onto adjacent roads.
In complying with this subsection, a combination of alternatives may
be used, including, but not limited to, blowers, hand drying, length
of exit drive and general site design.
C. The site plan shall demonstrate that the direction
of drainage flow for the wash facility will prevent water from flowing
outside of the wash facility structure. In addition, all water shall
flow into a floor drain that is connected to a public sewer system.
Floor drains shall not outlet to soils, groundwater or nearby drains
or rivers.
D. The site plan shall detail the location of all proposed
vacuum stations. These areas shall be located so as not to conflict
with any required parking, drive or automobile standing areas. Self-contained,
covered waste receptacles shall be provided at each proposed vacuum
station to provide convenient disposal of customer refuse.
E. The site shall be screened from abutting property in conformance with §
515-91. The Planning Commission may require additional landscaping or screening where the Planning Commission determines that it is necessary to prevent negative impacts on adjoining properties.
F. All lighting shall be noted on the site plan and shall
be shielded downward and away from adjacent properties and rights-of-way.
Self-storage or mini warehouses may be permitted
in certain districts, as specified in this chapter, subject to the
following:
A. The owner and/or operator shall not permit any use
of individual storage units other than storage.
B. The minimum spacing between self-storage buildings
shall be 30 feet where a one-way traffic pattern is used and 40 feet
for two-way movement of customer vehicles.
C. If an office and caretaker's quarters are proposed
on site, they shall occupy a single building and shall be detailed
on the site plan.
D. Where the site abuts any district which permits single-family
residential uses, a landform buffer, buffer strip, or screen wall/fence
and adjacent greenbelt shall be provided along the property line.
The Planning Commission may require additional screening or landscaping
where the Planning Commission determines it is necessary to minimize
the impact of the facility on adjacent properties.
E. There shall be no electrical or other utility service
to individual units available for use by customers.
F. There shall be no storage of hazardous, flammable,
explosive or toxic materials in any storage units at any time.
G. Any outdoor storage yard proposed in conjunction with a self-storage facility shall be utilized only for recreation vehicles, private automobiles, and customarily manufactured noncommercial vehicles. The intent of this subsection is to prohibit use of these facilities for contractors' storage yards and bulk materials storage. All outdoor vehicle storage areas shall comply with the provisions of §
515-152, Outdoor storage yards.
A. The Village of New Haven recognizes the authority
of the State of Michigan with regard to the issuance of construction
and operating permits for sanitary landfills and similar uses. The
Village considers the requirements of Act 641 of 1978, as amended,
and all rules and regulations promulgated pursuant to authority of
said act as the minimum standards for approval of any landfill, transfer
station, or similar use.
B. All waste hauling, transfer, processing or disposal
facilities, including sanitary landfills, hazardous waste facilities,
mixed waste processing facilities, incinerators and similar uses shall
obtain special land use approval from the Planning Commission, subject
to the following:
(1)
Landfills of any classification or type shall be permitted only in HI Districts. Transfer stations, incinerators or waste-processing facilities shall be permitted only in HI Districts. Yard waste composting facilities are regulated under §
515-166.
(2)
All such uses shall be located on a paved public
road capable of carrying Class A loadings on a year-round basis.
(3)
All such uses shall conform to the performance standards of §
515-90.
(4)
All transportation of waste, including ashes,
shall occur in covered containers or covered trucks.
(5)
A minimum setback of 300 feet from all lot lines
shall be maintained from all use areas, buildings or other structures
where any phase of waste handling occurs, for all uses regulated by
this section.
(6)
Blowing trash or debris shall not be permitted
to leave the site and shall be collected daily.
(7)
The entire perimeter of the site shall be enclosed by a chain-link fence at least six feet in height. The entire perimeter of the site shall be screened by a landform buffer, buffer strip, or screen wall/fence and adjacent greenbelt in conformance with §
515-91. The Planning Commission shall determine the type of buffer or screening method which is appropriate, based on the type of adjacent land use(s), zoning, Master Plan designations, and the design and location of the proposed activities on site. The Planning Commission may require any combination of screening, landscaping or buffering techniques that the Planning Commission finds appropriate to adequately prevent negative impact on adjacent properties, rights-of-way, or the community.
(8)
All internal drives, parking areas, roadways
and the like shall be designed and paved with asphalt or concrete.
(9)
All applicable standards, findings, reports
and submittals as required under Act 641 of 1978, as amended, and
the Macomb County Solid Waste Management Plan Update have been provided,
met and addressed by the applicant.
(10)
All landfill uses shall demonstrate, by the
submission of a reuse plan drawing (minimum scale of one inch equals
100 feet), that rehabilitation of the subject parcel after operations
are complete will leave the property suitable for future development
with one of the permitted uses in that particular zoning classification.
C. The Planning Commission shall review all proposed
facilities under this section in the same manner as a special land
use and make findings that the granting of a permit as proposed would
not:
(1)
Permanently impair the intended land use potential
of the property in question;
(2)
Detrimentally affect the adjoining properties
beyond what would be expected of other permitted uses in the same
district;
(3)
Be consistent with the existing land uses, zoning
and Master Plan designations for the area where the proposed facility
is to be located.
Yard waste composting facilities are permitted
in certain districts, subject to the following standards:
A. Site location and design.
(1)
All such uses shall be located on a paved public
road capable of carrying Class A loadings on a year-round basis.
(2)
Dust shall be controlled on all internal roads
and operation areas at all times.
(3)
The site shall be level and well-drained.
(4)
If the site abuts a single-family residential
district or one which is designated for low-density residential or
moderate-density suburban residential uses on the Master Plan map,
a buffer zone shall be maintained where no composting, storage, transfer
or loading activities will take place equal to 300 feet from existing
residences and 100 feet from all adjoining property lines. All buffer
areas shall be maintained as vegetative strips to facilitate the filtration
of pollutants from stormwater runoff.
(5)
All site access roads or drives and all areas
for employee parking shall be paved with asphalt or concrete. In addition,
a paved internal material-handling area of at least 10,000 square
feet shall be provided. Internal haul roads may be unpaved.
(6)
The compost site shall be screened from adjacent
public rights-of-way and single-family districts by a landform buffer,
buffer strip, screening wall/fence and adjacent greenbelt, or a combination
thereof. The Planning Commission may require additional landscaping
or screening where the Planning Commission determines it to be necessary
to prevent negative impacts on adjacent properties.
(7)
Adequate parking shall be provided for all employees and visitors. A minimum of four paved off-street parking spaces shall be provided on site. All parking shall be designed in accordance with §
515-101.
(8)
In order to contain windblown debris, chain-link
fencing shall be installed and maintained around all areas of the
site which are utilized in any phase of the composting process in
which bags or portions of bags are present. The Planning Commission
shall determine the appropriate location and height of required fencing
during site plan review after consideration of the site characteristics,
proposed design, adjacent land uses, and prevailing wind patterns.
B. Operation.
(1)
Access to the site shall be controlled to prevent
unauthorized dumping during nonbusiness hours. The operator shall
establish a procedure and mechanism for proper disposal of nonyard
wastes at an approved sanitary landfill.
(2)
Only yard wastes shall be composted at such
facilities, typically including leaves, grass clippings, brush, and
tree or shrub trimmings. All yard wastes must be brought to the site
loose or in biodegradable bags with a cornstarch or similar base designed
to degrade rapidly under aerobic conditions. All bags brought to the
site shall be broken up and turned into compost windrows within five
days of delivery to the site. In no instance shall nondegradable plastic
bags be placed into the windrows.
(3)
The decomposition process shall be properly
managed and maintained in an aerobic condition to prevent all unnecessary
odors. Towards this end, the temperature of compost piles shall be
monitored regularly, and all compost piles shall be turned when the
internal temperature drops below 120° F.
(4)
Ponded water shall not be permitted to collect
on a yard waste composting site. An engineering plan for collection,
retention and drainage of stormwater shall be provided for review
and approval. Vegetation filtration of runoff prior to discharge off
site shall be accomplished by use of a fifty-foot-wide (minimum) perimeter
strip/swale of grass, or similar measure. Any direct discharge to
a water body may require a Michigan Department of Environmental Quality
permit.
(5)
The operator shall provide sufficient equipment
to properly manage the composting process. At a minimum this shall
include a front-end loader or similar machinery for loading and unloading;
a windrow machine for turning and aeration operations; a shredder
for reducing new material to a smaller particle size for faster decomposition;
a source of water or watering trucks for dust control and proper moisture
content in windrows; and a screen to improve the quality and marketability
of the final product.
(6)
The volume of yard wastes handled by the facility
shall not exceed 7,000 cubic yards of incoming yard wastes per acre
of active composting area on site, exclusive of access roads, service
areas, parking areas, required buffer zones, and similar areas.
(7)
The operator shall provide a name, address and
phone number of the person responsible for operation of the site and
who is also responsible for correcting all operational problems that
may result in complaints being made to the Village.
(8)
Treated yard wastes shall be actively rotated
in an aerobic condition. Wastes shall not be allowed to accumulate
for longer than three years before being finished and removed from
the site.
(9)
The operator shall provide plans showing all equipment maintenance and storage areas. Plans shall show the location of all fuel storage facilities and shall detail primary and secondary containment for all hazardous materials, including product-tight containers for primary containment. Secondary containment facilities shall be adequate to accept the full volume of the hazardous materials stored in the primary container in the event of a leak or spill, in accordance with §
515-100E.
(10)
The applicant shall provide a written plan for
the removal of unmarketable compost.
(11)
An annual inspection/permit fee for all yard
waste composting facilities, established by resolution of the Village
Council, shall be paid by the owner of the facility.
(12)
Copies of all Michigan Department of Natural
Resources applications/permits, if required, shall be provided with
the application.
(13)
The use must conform with the performance standards in §
515-90.
(14)
The operator shall provide surety in the form
of cash, irrevocable letter of credit or other surety acceptable to
the Village Council to guarantee performance as required by the Zoning
Ordinance and provide for restoration of the site upon default of
the operator. The amount of the bond shall be set from time to time
by resolution of the Village Council on a per-acre basis.
(15)
The operator understands and agrees that failure
to maintain and operate the site in a responsible manner that minimizes
the potential for adverse impacts on neighboring properties shall
constitute grounds for enforcement action by the Village.
C. Performance guarantee.
(1)
Prior to commencement of construction, the applicant shall post a performance guarantee in accordance with §
515-205 with the Village Clerk in a form approved by the Village Council and in an amount of the cost of reclamation and restoration to return the site to its original condition. The cost of the work shall be estimated by the Village Engineer, as approved by the Village Council. The Engineer's estimate shall be based upon a review of the site plan and shall be in an amount sufficient to cover that cost of restoration of the site in the event the operation is abandoned.
(2)
The performance guarantee shall be without a
date of termination and shall run indefinitely, provided that it may
contain a cancellation clause providing that the applicant may cancel
the performance guarantee by giving the Village 30 days' written notice.
The performance guarantee shall be kept in full force and effect until
the area covered by the bond has been restored (materials removed
and site restored to its original condition).
(3)
In the event that the performance guarantee
is canceled, the applicant shall provide a replacement performance
guarantee within 30 days of notice of cancellation, and in the event
no replacement is so provided, the applicant's approval shall be null
and void and all activities shall immediately terminate and the applicant
shall immediately begin reclamation or restoration. If he or she fails
to do so, the Village Council may cause the necessary work to be completed,
and the necessary and reasonable costs and expenses so incurred or
expended, including also the incidental administrative and legal costs,
shall be the obligation of and paid by the applicant.
(4)
Upon satisfactory completion of reclamation
and restoration work by the applicant, the Village shall issue a certificate
of completion and the performance guarantee shall be canceled or returned
by the Village.
A. All such uses shall be licensed by the State of Michigan.
B. The proposed use shall be at least 1,500 feet from
another group day-care home or similar facility and shall not result
in an excessive concentration of child- or adult-care facilities in
the neighborhood or the Village overall.
C. One off-street parking space for each two beds and
one off-street parking space per employee not a resident of the adult
foster care home shall be provided.
D. The exterior appearance and architectural design of
the principal and accessory building shall be consistent with the
prevailing appearance and architecture of the surrounding residential
uses.
E. When outdoor recreation areas are provided, they shall
be enclosed by a fence that is at least four feet in height but no
higher than six feet in height.
F. Code inspection may be required as necessary to determine
compliance with applicable zoning and/or Building Code regulations.
G. The Planning Commission shall find that the proposed
use shall not change the essential residential character of the surrounding
area.
A senior housing development which is for the
exclusive use of individuals 62 years of age or older, or for a couple
where at least one of the individuals is over the age of 62, or where
the resident has a disability and is required by federal or state
housing laws to be included in senior housing programs, may be permitted
in certain districts, as specified in this chapter, subject to the
following:
A. All vehicular ingress and egress shall be directly
onto a principal arterial, minor arterial, or collector road.
B. The minimum site size shall be two acres. The minimum
lot width shall be 200 feet.
C. The density shall not exceed 12 dwelling units per
acre.
D. Building setbacks, maximum building height, minimum floor area per dwelling unit, and maximum lot coverage shall comply with the requirements for the MF Multiple-Family Residential District, as provided in Article
XVII, Schedule of District Regulations, which provides height, bulk, density, area, setback and lot coverage by district.
E. The site shall be screened from adjacent single-family residential districts by a greenbelt planted in accordance with §
515-91.
F. All parking areas shall be set back a minimum of 50 feet from all property lines. All parking areas shall be screened from adjoining properties zoned for single-family residential uses by either a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with §
515-91.
G. There shall be an outdoor recreation area for the
use of residents. Said outdoor area may be located in such areas as
gardens, patios, decks, open space, walking paths and the like. Recreation
space must be fully accessible to residents and of barrier-free design.
H. All service and storage areas for equipment and materials shall be screened from view by a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with §
515-91.