A.
Because the uses hereinafter referred to in this section possess unique characteristics making it impractical to include them in a specific use district, they may be permitted upon approval by the reviewing authority specified herein. The specified reviewing authority shall conduct its review and shall act on the request for a special use permit at a duly advertised public hearing in the manner set forth and regulated in § 370-140, Public hearings, in this chapter.
B.
In every case, the uses herein set forth shall be expressly prohibited
from any residential district, unless otherwise specifically permitted
in this article.
C.
The uses permitted herein require special consideration since they
service an area beyond the City and/or require sizable land areas
and/or create potential control problems with respect to adjacent
land use and use districts, traffic, noise, appearance, and general
safety.
D.
Those uses falling specifically within the intent of this article
are set forth and regulated in the following sections:
Because outdoor theaters possess the unique characteristics
of being used only after darkness and since they develop a concentration
of vehicular traffic in terms of ingress and egress from their parking
area, they shall be permitted in the I-2 District only and shall not
be adjacent to existing or proposed residential areas. Outdoor theaters
shall further be subject to the following conditions:
A.
An application for an outdoor movie theater shall be subject to review and approval by the Planning Commission. A site plan shall be submitted for review and shall be prepared in accordance with the applicable requirements of Article XXI, Site Plan Review, in this chapter. In conducting its review, the Planning Commission shall consider the following:
(1)
The internal design has been reviewed and approved by the City Engineer
regarding adequacy of drainage and other site engineering aspects
of the development.
(2)
Outdoor theaters shall abut a major thoroughfare, and points of ingress
and egress shall be available only from such major thoroughfare.
(3)
All vehicles, waiting or standing to enter the facility, shall be
provided off-street waiting space. No vehicle shall be permitted to
wait or stand within a dedicated right-of-way.
(4)
The area shall be so laid out as to prevent the movie screen from
being viewed from residential areas or from adjacent major thoroughfares.
All lighting used to illuminate the area shall be so installed as
to be confined within, and directed only onto, the premises of the
outdoor theater site.
Radio and television towers, public utility microwave towers,
public utility television transmitting towers and their attendant
facilities shall be permitted in I-1 and I-2 Districts, subject to
review and approval by the Planning Commission, provided that:
A.
Application to establish a use permitted in this section shall be subject to review and approval by the Planning Commission. A site plan shall be submitted for review and shall be prepared in accordance with the applicable requirements of Article XXI, Site Plan Review, in this chapter. In conducting its review, the Planning Commission shall consider the following:
(1)
Any such communication tower or towers shall be located centrally
on a continuous parcel of not less than one times the height of the
tower, measured from the base of the tower to all points on each property
line.
(2)
All accessory buildings erected in conjunction with the tower or
towers shall observe the minimum building setback requirements of
the district.
[Amended 4-23-2013 by Ord. No. 1260]
Nonessential wireless telecommunications antenna arrays, and,
where permitted, related support structures, shall be permitted, subject
to the following requirements.
As used in this section, the following words shall have the
meanings indicated:
To place or install wireless communications equipment on
an existing wireless communications support structure or in an existing
equipment compound. "Co-location" has a corresponding meaning.
An area surrounding or adjacent to the base of a wireless
communications support structure and within which wireless communications
equipment is located.
The set of equipment and network components used in the provision
of wireless communications services, including, but not limited to,
antennas, transmitters, receivers, base stations, equipment shelters,
cabinets, emergency generators, power supply cables, and coaxial and
fiber optic cables, but excluding wireless communications support
structures.
A.
Approval.
(1)
The
Planning Commission shall approve or deny the application not more
than 60 days after the application is considered to be administratively
complete. If the Planning Commission fails to timely approve or deny
the application, the application shall be considered approved and
the Planning Commission shall be considered to have made any determination
required for approval.
(2)
After an application for a special land use approval is filed with the Building Department, the Department shall determine whether the application is administratively complete. Unless the Building Department proceeds as provided under Subsection A(3), the application shall be considered to be administratively complete when the Building Department makes that determination or 14 business days after the Building Department receives the application, whichever is first.
(3)
If, before the expiration of the fourteen-day period under Subsection A(2), the Building Department notifies the applicant that the application is not administratively complete, specifying the information necessary to make the application administratively complete, or notifies the applicant that a fee required to accompany the application has not been paid, specifying the amount due, the running of the fourteen-day period under Subsection A(2) is tolled until the applicant submits to the body or official the specified information or fee amount due. The notice shall be given in writing or by electronic notification. A fee required to accompany any application shall not exceed the actual, reasonable costs to review and process the application or $1,000, whichever is less.
B.
Authorization. The City of Roseville shall authorize the establishment
of a nonessential wireless telecommunications antenna array, and,
where permitted in this section, a support structure and its ancillary
equipment, only when such facility is fully in compliance with the
applicable requirements and guidelines of this section and only in
a manner that will preserve the integrity, character, property values
and aesthetic quality of the site, the area around it and the City
at large.
C.
Recognition. Recognizing the increasing number of providers authorized
to establish and operate wireless telecommunications services within
a defined area, it is the intent and purpose of this section to:
(1)
Facilitate adequate and sufficient provision of sites for nonessential
wireless telecommunications facilities;
(2)
Establish predetermined locations for the placement of wireless telecommunications
antenna arrays, and, when permitted, the erection of support structures,
in accordance with the applicable requirements of this section;
(3)
Ensure that wireless telecommunications facilities are appropriately
located so as to minimize any adverse impact they may have on other
land uses on the site or on surrounding properties;
(4)
Promote the public health, safety and general welfare of the community;
(5)
Provide adequate information about plans for the location of wireless
telecommunications facilities in the City so that the City may determine
the proper location and development of wireless telecommunications
facilities in accordance with the location guidelines and applicable
site requirements of this section;
(6)
Minimize the adverse impact of technological obsolescence of such
facilities in a timely manner, including requirements to remove and
restore sites where such facilities are no longer in use, or which
have become unnecessary; and
(7)
Minimize the negative visual impact of wireless telecommunications
facilities on residential areas, office, commercial and industrial
sites, public and quasi-public sites, community landmarks, including
historic sites, natural beauty areas and in public rights-of-way.
D.
Existing facilities. Achieving this end contemplates the establishment
of as few tower types or support structures as reasonably feasible,
instead relying on the use of existing support structures, buildings
and other existing structures in the City or in adjoining communities
that can meet the applicant's service area needs.
E.
Adverse impact. The Roseville City Council believes that the presence
of numerous wireless telecommunications support structures located
throughout the City, and particularly in residential neighborhoods,
would diminish the attractiveness of the community, thereby destroying
its character. This, in turn, could have an adverse impact on property
values. Therefore, the City Council believes it is necessary to minimize
the adverse impact on the community that the presence of numerous
relatively tall wireless telecommunications support structures with
their characteristically low architectural and aesthetic appeal could
have on the City, while at the same time recognizing that the absence
of any regulation would likely result in a material impediment to
the maintenance and promotion of property values, and further recognizing
that this growing service is promoting economic gain and aiding in
maintaining the health, safety and general welfare of the City.
F.
Location by order of priority. A nonessential wireless telecommunications
antenna array shall be permitted in one of the following locations
by order of priority. The first location set forth in this subsection
shall be considered as the first or top priority location with each
location thereafter descending in the order of priority.
(1)
On an existing nonessential wireless telecommunications support structure
located on land in any zoning district in the City, subject to review
and approval by the City's Building Department.
(2)
An internal nonvisible location within an existing building or structure
in any zoning district, subject to review and approval by the City's
Building Department. All equipment customarily accessory to an antenna
array shall also be placed so as to not be visible beyond the exterior
walls of the building,
(3)
An external location on an existing building or structure in an I-Industrial
or B-Business zoning district, subject to review and approval by the
Planning Commission.
(4)
An external location on an existing building or structure in an R-Residential
zoning district, subject to review by the Planning Commission at a
duly advertised public hearing, and approval by the Planning Commission.
(5)
On a proposed new nonessential wireless telecommunications support
structure to be located in an I-Industrial District, subject to review
by the Planning Commission at a duly advertised public hearing, and
approval by the Planning Commission.
(6)
On a proposed new nonessential wireless telecommunications support
structure to be located on public property in an R-Residential District,
subject to review by the Planning Commission at a duly advertised
public hearing and approval by the Planning Commission.
(7)
On a proposed new nonessential wireless telecommunications support
structure to be located on private property in an R-Residential District,
subject to review by the Planning Commission at a duly advertised
public hearing and approval by the Planning Commission.
G.
Required conditions. The following standards shall apply, where applicable,
to all applications to locate a nonessential wireless telecommunications
antenna array or support structure in the City.
(1)
Before an applicant may locate on a site of lower priority than the site priority listed in Subsection F(1), the applicant shall prepare and submit sufficient information to clearly show why the applicant must locate at a lower priority site. For each location of lower priority than any higher priority location(s), sufficient explanation shall be provided as to why none of the higher priority locations can be used by the applicant. This information shall take into consideration any existing structure located beyond Roseville's corporate limits that could serve the applicant's needs.
(3)
For the priority site listed in Subsection F(3), plans, drawings and specifications drawn to scale and containing sufficient information for review, including exterior structural or building wall elevation drawings illustrating how the antenna array will appear on the structure or building and all other applicable information set forth in Article XXI, Site Plan Review, in this chapter, shall be submitted for review and approval by the Planning Commission. This shall include the statements mandated in Subsection F(1). During its review, the Planning Commission may request that additional information be submitted that it deems reasonably necessary in conducting its review.
(5)
Any nonessential wireless telecommunications support structure, as permitted in the priority sites listed in Subsection F(5), (6) and (7), shall:
(a)
Be a monopole structure only;
(b)
Consist only of nonwood materials;
(c)
Not exceed 199 feet in overall height measured from the ground
at the base of the structure to the highest point of the structure
or any antenna attached to the structure;
(d)
Provide co-location capacity for not less, nor more than, three
antenna arrays;
(e)
Not require the use of any supporting guide wires; and
(f)
Not be lighted in any way unless lighting is required to meet
applicable Federal Aviation Association (FAA) guidelines, and if painted
shall be light blue or light gray in color.
(6)
A sufficient means of access shall be provided to any antenna array,
support structure and to any ancillary structures used in conjunction
with an antenna array. When the array is located in the interior of
a property and access cannot be gained via a parking lot, alley or
other driveway approach, a gravel lane shall be provided. When such
a lane is necessary, care will be taken to make certain that its point
of access to an alley, parking lot, street or other public way shall
meet all applicable state and local requirements. Sufficient area
shall be provided for the parking of a service vehicle, the location
and extent of which will be subject to review and approval by the
specified reviewing authority.
(7)
Unless the antenna array and its ancillary equipment will be housed inside a building, or completely enclosed within an addition to the building, any outdoor or detached structures housing the equipment shall be placed within a fully enclosed compound. Enclosure may be provided by a wall or a fence. The wall or fence shall be not less than eight feet high measured from the ground at the base of the structure to the top of the structure. A wall shall consist of architecturally attractive masonry material approved by the Planning Commission. If a fence, it shall be a tightly woven wire (chain link) type of fence to discourage climbing. A fenced compound shall also be screened by evergreen planting materials in the manner set forth and regulated in Article XXII, Screening Devices and Landscaping, in this chapter. The ground area of the compound will be of adequate size to house all of the necessary ancillary equipment for three antenna arrays.
(8)
When a nonessential wireless telecommunications support structure shall be permitted as outlined in Subsection F(5), (6) or (7), the compound in which the support structure is located shall observe the minimum building setback requirements of the district it is located in measured from the outside perimeter of the compound to all property lines, except when the support structure is located on property occupied by a residential dwelling or is located on a site on property next to property containing a residential dwelling, the support structure, but only the support structure, shall be separated from the residential dwelling by a distance equal to 1/2 the full height of the support structure. This distance shall be measured from the outer face of the support structure nearest the residential dwelling to the nearest wall of the residential dwelling. When the support structure will be located on property occupied by a nonresidential use in a nonresidential-oriented building, the support structure shall be set back not less than 10 feet from the nonresidential building, unless a greater setback is required by other applicable local, state or federal codes.
(9)
An applicant shall submit written assurances that the owner or operator
of any nonessential wireless telecommunications facility permitted
in this section shall at all times conduct all operations of the system
in full compliance with all applicable Federal Communications Commission
(FCC) permits and conditions, including preventing any objectionable
levels of interference.
(10)
An applicant shall submit written assurances that the owner
or the operator of any wireless telecommunications facility permitted
in this section shall at all times conduct all operations of the system
in full compliance with all current state or federal regulations pertaining
to nonionizing electromagnetic radiation, and furthermore, the owner
and/or operator agrees, in writing, that if more restrictive state
or federal regulatory standards are adopted during the operating life
of the facility, the applicant or owner shall commence efforts to
bring the facility into compliance with the new standards within 60
days of adoption of any such standards, and the owner or the operator
agrees that he or she will bear the costs of testing and verification
of compliance with such standards.
(11)
The applicant shall be responsible for maintaining the site
in a structurally safe and attractive manner and shall maintain all
landscaping and lawn areas in a living, growing condition, neat and
orderly in appearance.
H.
Co-location sharing.
(1)
The policy of the City of Roseville towards nonessential wireless
telecommunications facilities is for co-location. Therefore, the entity
that owns a wireless telecommunications support structure shall not
fail or refuse to alter its structure so as to accommodate other antenna
arrays on the support structure, particularly when such alteration
would permit the support structure to remain within the structural
guidelines of this section.
(2)
Failure or refusal of the owner of a wireless telecommunications
facility to alter its structure to accommodate co-location to the
maximum extent permitted in this section shall be deemed to be in
direct violation and contradiction of the City's co-location first
policy. Consequently, the owner shall be regarded by the City as having
taken full responsibility for the violation and contradiction and
shall be prohibited by the City from securing any additional approvals
for the location of any more of its antenna arrays or related support
structures in the City for a period of not less than seven years,
commencing on the date of failure or refusal to permit co-location
on its support structure or structures in the City of Roseville. The
entity may seek a variance and obtain relief from the Roseville Board
of Zoning Appeals (BZA), provided the owner can clearly demonstrate
entitlement to a variance. To that extent, the owner must demonstrate
to the BZA that enforcement of the seven-year prohibition would unreasonably
discriminate among providers of functionally equivalent nonessential
wireless telecommunications services, or that such enforcement would
have the effect of prohibiting the provision of any personal wireless
telecommunication services to the City.
I.
Use regulations.
The following use of property standards shall apply to all applicants
to locate a nonessential wireless telecommunications antenna array
or support structure in the City.
(1)
Wireless
communications equipment is a permitted use of property and is not
subject to special land use approval or any other approval under this
chapter if all of the following requirements are met:
(a)
The wireless communications equipment will be co-located on an existing
wireless communications support structure or in an existing equipment
compound.
(b)
The existing wireless communications support structure or existing
equipment compound is in compliance with this chapter or was approved
by the Planning Commission or Building Official.
(c)
The proposed co-location will not do any of the following:
[1]
Increase the overall height of the wireless communications support
structure by more than 20 feet or 10% of its original height, whichever
is greater.
[2]
Increase the width of the wireless communications support structure
by more than the minimum necessary to permit collocation.
[3]
Increase the area of the existing equipment compound to greater than
2,500 square feet.
(d)
The proposed co-location complies with the terms and conditions of
any previous final approval of the wireless communications support
structure or equipment compound by the Planning Commission or Building
Official.
(3)
An application for special land use approval of wireless communications equipment described in Subsection I(2) shall include all of the following:
(a)
A site plan as required under Section 501 of Public Act 110 of 2006,
including a map of the property and existing and proposed buildings
and other facilities.
(b)
Any additional relevant information that is specifically required
by a zoning ordinance provision described in Section 502(1) or Section
504 of Public Act 110 of 2006.
(4)
Special land use approval of wireless communications equipment described in Subsection I(2) may be made expressly conditional only on the wireless communications equipment’s meeting the requirements of all local ordinances and of federal and state laws before the wireless communications equipment begins operations.
J.
Surety. Sufficient surety acceptable to the City shall be provided
by the applicant to adequately cover the cost of removing the facility,
along with any accessory equipment, including compound walls or fencing,
and restoring the site when its usefulness as a wireless telecommunications
facility is concluded. Estimates to remove the entire facility and
carrying out restoration of the site shall be prepared and submitted
to the City for review and acceptance by the City.
K.
Permits. A use permit shall be issued by the City for an approved
nonessential wireless telecommunications antenna array, and, where
permitted, for a support structure and related equipment cabinets,
but only after review and approval of an application, in the manner
set forth in this section, has been approved by the City or by the
Planning Commission.
Outdoor athletic and entertainment facilities, including stadiums,
amphitheaters, coliseums, arenas, golf driving ranges, golf courses,
tennis courts, racquetball courts, football, baseball, softball, soccer,
polo and similar athletic track and field events, including equestrian
contests, but excluding any form or type of competitive motor vehicle
contests, theme parks, or amusement parks, provided:
A.
An application to establish any use permitted in this section shall be subject to review and approval by the Planning Commission. A site plan shall be submitted for review and shall be prepared in accordance with the applicable requirements of Article XXI, Site Plan Review, in this chapter. In conducting its review, the Planning Commission shall consider the following:
(1)
All such permitted uses shall be located in an I-1 or I-2 District
only.
(2)
All such permitted uses shall have direct access to a major thoroughfare.
(3)
All exterior lighting shall be directed inward towards the use and
away from adjacent uses.
(4)
Except for the green areas of golf courses and golf driving ranges,
i.e., fairways and open driving range areas, a minimum setback of
150 feet shall be provided for the principal use, together with all
accessory uses, except off-street parking which may be located no
less than 50 feet from any residential district. Within these two
setbacks, there shall be provided and maintained earth berms and extensive
landscape plantings of sufficient height and intensity so as to effectuate
a substantial landscape planting screen between uses and the adjacent
residential district.
A.
HELIPAD
HELIPORT
HELISTOP
Facilities for the accommodation of helicopters are considered separately
under this section. For purposes of accommodating helicopters, the
facilities are herein defined as the following:
An area on a roof or on the ground used by helicopters or
steep-gradient aircraft for the purpose of picking up and discharging
passengers or cargo, but not including fuel service, maintenance or
overhaul or tie-down space.
An area used by helicopters or by other steep-gradient aircraft,
which area includes passenger and cargo facilities, maintenance and
overhaul, fueling service, storage space, tie-down space, hangars
and other accessory buildings and open spaces.
An area on a roof or on the ground used by helicopters or
steep-gradient aircraft for the purpose of picking up or discharging
passengers or cargo, including fuel service and tie-down space.
B.
An application to establish any use permitted in this section shall be subject to review and approval by the Planning Commission. A site plan shall be submitted for review and shall be prepared in accordance with the applicable requirements of Article XXI, Site Plan Review, in this chapter. In conducting its review, the Planning Commission shall apply the following conditions.
(1)
Heliports shall be permitted in the I Industrial Districts only.
Helistops and helipads shall be permitted in all districts except
the residential districts.
(2)
When reviewing an application for a heliport, helistop or helipad,
the Planning Commission shall require contemporary standards recommended
by the Federal Aviation Agency and Michigan Aviation Commission for
the proper operation of such facilities.
(3)
Adequate provision is made to control access to the facility.
(4)
The surface of the facility is such that dust, dirt or other matter
will not be blown onto adjacent property by helicopter operations.
(5)
All applicable provisions of building, fire and health codes are
met, including special provisions applicable in the case of rooftop
heliports.
(6)
Appropriate provision is made for off-street parking.
Arcades, billiard parlors and similar uses providing facilities
and space where there are four or more pinball machines, video games
or similar gaming devices for use by their patrons or where there
are four or more pool or billiard tables or similar activities for
use by their patrons shall be permitted in the B-3 District, and subject
further to the following requirements.
A.
An application to establish any use permitted in this section shall be subject to review and approval of a site plan by the Planning Commission. A site plan shall be submitted for review and shall be prepared in accordance with the applicable requirements of Article XXI, Site Plan Review, in this chapter. In conducting its review, the Planning Commission shall apply the following conditions.
A.
It has been demonstrated that the establishment of tattoo, pawnbroker
and used good uses in business districts which are immediately adjacent
to and serve residential neighborhoods have a deleterious effect on
both business and residential segments of the neighborhood, causing
blight. Prohibition against the establishment of more than two regulated
uses within 1,000 feet of each other serves to avoid the clustering
of certain business which, when located in close proximity of each
other, tends to create a skid-row atmosphere. Such prohibition fails
to avoid the deleterious effects of blight and devaluation to both
business and residential property values resulting from the establishment
of these businesses in a business district that is immediately adjacent
to and serves residential neighborhoods. The orderly planning, development
and preservation of neighborhoods should be encouraged and fostered
by properties and persons that comprise the business and residential
segments of each neighborhood.
B.
Pawnbroker, tattoo and used goods uses, as defined in this Zoning
Code, shall only be permitted in the B-3 Zoning District, subject
to the following requirements and conditions.
(1)
An application to establish any use permitted in this section shall be subject to review and approval of a site plan by the Planning Commission. A site plan shall be submitted for review and shall be prepared in accordance with the applicable requirements of Article XXI, Site Plan Review, in this chapter. In conducting its review, the Planning Commission shall apply the following conditions.
(a)
Not more than two such uses shall be permitted within 1,000
feet of each other.
(b)
It shall be unlawful to establish any such use in a B-3 District
if any portion of the property upon which such business is situated
is within 300 feet of a residential zoning district, church or school,
unless the prohibition is waived upon presentment to the Planning
Commission of a validated petition requesting such waiver signed by
51% of those persons owning, residing, or doing business or by any
church or school within 300 feet of the proposed location.
(c)
The site shall abut a major thoroughfare right-of-way, and all
ingress and egress to and from the site shall be via that major thoroughfare.
A.
Typically, various types of land use and land use activities are
provided for in one or more zoning districts. The criteria for such
allocations are based upon similarities in the nature of the uses
and their relationship to other such uses and, in turn, their relationship
to adjacent land use and to thoroughfares. Zoning districts are not
only established to achieve a progression of order in land use distribution,
but they are also established to coordinate land use development in
a logical and valid manner in accordance with a master land use plan.
B.
There are, however, a limited number of uses and certain characteristics
of land use that may warrant special consideration for placement within
a particular zoning district that would otherwise prohibit them. The
particular characteristics of these uses are such that their influence
on adjacent land use is a positive one, or one that will not adversely
impact adjacent land use.
C.
The intent of this section is to permit a limited number of specialized
land use types to develop through a special use process that does
not require rezoning, provided that certain conditions and procedures
as herein set forth are met.
(1)
Conditions. The following conditions shall be found to exist on the
land before any application for a use permit may be approved.
(a)
The land shall be zoned in a residential district that does
not permit the proposed use as a matter of right in the district.
(b)
The proposed use is designed and intended to occupy a vacant
existing former school building on the site.
(c)
Sites containing 10 acres of land or less shall have direct
frontage on, and direct access to, a public street. Sites containing
over 10 acres of land shall have direct frontage on, and direct access
to, a major thoroughfare as designated on the City's Master Plan Map.
Access to any other street shall be prohibited, unless otherwise permitted
by the Planning Commission.
(2)
Permitted uses. No vacant existing former school building, nor any
new buildings to be erected in conjunction with the reuse of a vacant
existing former school building, shall be used except for one of the
following specified uses and shall be subject to the conditions hereinafter
assigned to each use.
(a)
Housing for the elderly (senior citizen housing), subject to the requirements of § 370-22E, except as otherwise specified herein.
[1]
The total number of dwelling units shall not exceed the number
of motor vehicles that would be generated on the land if it were developed
with single-family dwellings. The following ratios shall apply in
determining the total number of dwelling units permitted.
|
Number of single-family dwellings per acre: 6.0
| |
|
Number of single-family trip ends per day (average): 10.0
| |
|
Number of senior citizen trip ends per day (average): 3.3
| |
|
(6.0 x 10.0) x (number of site acres) / (3.3) = A
| |
|
A - Total number of dwelling units
|
[2]
The erection of new buildings on the same parcel with a vacant
existing former school building, when erected in conjunction with
the rehabilitation and reoccupation of the vacant existing former
school building, may be permitted, provided:
[a]
The new buildings shall contain the same use and
function restricted to the existing building on site.
[b]
The overall dwelling unit density for the site,
as above set forth and regulated, shall not be exceeded.
[c]
The new buildings shall meet the applicable requirements
of the RM-1 District with respect to building setbacks, distances
between buildings and percent of lot coverage of all buildings.
[d]
New buildings shall not exceed the number of stories
or the height of a majority of the single-family homes bordering the
site.
[3]
The Planning Commission, in reviewing an application to erect
additional buildings, shall determine if:
[a]
The site contains sufficient vacant land area to
properly accommodate new development, including required setbacks,
off-street parking and building coverage restrictions.
[b]
Dwelling unit density will remain within the standards
herein set forth.
[c]
The vacant land is not intended, nor proposed,
for any other use, such as, but not limited to, parkland, open space
area, future potential school use, single-family residential use.
[4]
The numerical off-street parking and off-street parking layout
standards of this chapter are met.
[5]
All applicable landscaping and screening requirements of this
chapter are met.
(3)
Submittal procedure. Applications for a use permit under this section
shall be processed in the following manner.
(a)
Applications may be obtained from the Building Department, and
upon fully completing the application form, it shall be submitted
to the Building Department.
(b)
Each application shall be accompanied by a processing fee as
established by resolution of the City Council.
(c)
The application shall be accompanied by a report or document
stating:
[1]
The type of use proposed for the site.
[2]
The anticipated impact of the proposed use on the surrounding
neighborhood with respect to traffic generated, public service demands,
including trash and garbage pickup demand and how such items will
be dealt with to minimize their impact on the surrounding neighborhood.
(4)
Review procedure. Upon receipt of a complete application for a use permit, the Planning Commission shall set a date for a public hearing in accordance with the applicable requirements of § 370-140 in this chapter.
(a)
The Planning Commission, in conducting its review, shall find
sufficient evidence that the proposed use:
[1]
Will be in harmony with and in accordance with the general objectives
of the City's adopted Master Plan;
[2]
Will be designed, constructed, operated and maintained in harmony
with the existing and intended character of the general vicinity,
so that such use will not change the essential character of that area;
[3]
Will not be hazardous or disturbing to existing or future neighboring
uses;
[4]
Will represent an improvement to property in the immediate vicinity
and to the community as a whole;
[5]
Can be served adequately by essential public services and facilities
such as highways, streets, drainage structures, police and fire protection
and refuse disposal, or that persons or agencies responsible for the
establishment of the proposed use shall be able to provide adequately
for such services.
[6]
Will not create excessive additional requirements at public
cost for public facilities and services, and will not be detrimental
to the economic welfare of the community;
[7]
Will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of excessive or noxious
smoke, fumes, glare, noise, vibration or odors;
[8]
Will be consistent with the intent and purposes of this chapter.
[1]
Editor's Note: Former § 370-73, Medical marihuana dispensaries,
added 10-13-2009 by Ord. No. 1229, was repealed 10-25-2016 by Ord.
No. 1293.
[Amended 5-12-2015 by Ord. No. 1281]
Composting facilities and composting transfer stations shall
be permitted in the I-2 District subject to review and approval by
the Planning Commission, provided that they meet the conditions and
standards set forth in this section.
A.
COMPOSTING
COMPOSTING FACILITY
COMPOSTING TRANSFER STATION
Definitions.
Processing waste in a controlled environment to produce a
stable product by microbiologically degrading organic matter under
aerobic conditions.
A facility where organic matter that is derived primarily
from off site is to be processed by composting and/or is processed
for commercial purposes. Activities of a composting facility may include
management, collection, transportation, staging, composting, curing,
storage, marketing, or use of compost.
A place for the acceptance by donation, redemption, or purchase
of plant debris for transfer to an off-site facility for composting.
B.
Conditions and standards.
(1)
The
lot or area shall be provided with a permanent, durable, and dustless
surface, and shall be graded and drained so as to dispose of all surface
water accumulated within the area.
(2)
All
access to the facility will be from a major thoroughfare as designated
on the City's Master Plan For Future Land Use Map, as amended.
(3)
Except
for trash receptacles, no outdoor storage of any kind shall be permitted
as an use accessory to the principal use.
(4)
Height
of composting shall not exceed 25% of the maximum height of buildings
in the district.
(5)
Composting shall be placed within a completely obscuring architectural masonry screen wall as required in Article XXII of this chapter.
(6)
Composting
shall be set back a minimum 75 feet from any property lines.
(7)
Total
amount of lot coverage used for composting shall not exceed 35%.
(8)
No
composing facility and/or composing transfer station shall be permitted
within 1,000 feet of another composing facility and/or composing transfer.
[Added 5-10-2016 by Ord.
No. 1289]
The following requirements shall apply to the location, installation,
drilling and operation of any well for the commercial extraction of
oil, gas or other hydrocarbons in the City:
A.
It may be allowed only in the I-2 General Industrial District.
B.
It shall be situated on a minimum lot size of three acres.
C.
Spacing and well setbacks. In addition to the spacing and setback
requirements of the State of Michigan and regulations of its Supervisor
of Wells, the drilling operation or operation of oil or gas wells
or well sites shall not be located within 300 feet from any road right-of-way,
500 feet of a residentially zoned or used property, or any property
used for a religious facility, public or private school, hospital,
hospital clinic or health-care facility and 100 feet from any other
property line. No installation, drilling and operation of any well
shall be located within 15 feet from another drilling operation or
operation of an oil or gas well or well site. The proponent seeking
to engage in activity shall also demonstrate to the City a legal entitlement
to drill on adjacent properties through mineral right acquisition
or other means. Measurement of setback shall be made from the edge
of the well site (in a straight line, without regard to intervening
structures or objects) to the closest exterior point of the adjacent
parcel.
D.
Height. The completed wellhead structure shall not exceed 22 feet
in height. Any temporary drilling derrick or other facility shall
not exceed 110 feet in height. Temporary drilling derricks and rigs
shall not be in place for longer than 60 days. A permit for an additional
30 days may be secured upon presentation to the City Manager of sufficient
documentation demonstrating that reasonable progress has occurred
throughout the initial sixty-day period and that operations can be
completed within an additional 30 days.
E.
Fencing, landscaping and lighting. An oil or gas well site shall
be completely enclosed with a six-foot-high fence with materials compliant
with ordinances. Staggered six-foot-tall evergreen trees shall be
placed around the perimeter of the fence with a minimum landscape
greenbelt buffer of 25 feet in depth. This landscaping buffer shall
be in place within 30 days of the removal of the temporary drilling
deck/rig. Exterior lighting shall comply with the provisions of the
City's ordinances and shall be shielded so as not to be disruptive
to adjoining parcels.
F.
Nuisance mitigation. The drilling, completion, or operation of oil
or gas wells or other wells drilled for oil and gas exploration purposes
shall comply with the additional site requirements of this chapter
and any other applicable ordinance provisions. Such standards address
potential nuisances such as noise, smoke, dust, and the like. To the
extent this section is more restrictive the provisions of this section
shall control.
G.
Dust, noise, vibration, and odors. All operations shall be conducted
in a manner so as to minimize, as far as practicable, dust, noise,
vibration or noxious odors and shall be in accordance with the best
accepted practices defined by the Michigan Department of Environmental
Quality for the production of oil, gas, or other hydrocarbon substances
in urban areas. All equipment used shall be constructed and operated
so that vibration, dust, odor or other harmful or annoying substances
or effects will be minimized by the operations carried on at any time,
or from anything incidental thereto, and to minimize the annoyance
of persons living or working in the vicinity. Additionally, the site
or structures on the property shall not be permitted to become dilapidated,
unsightly, or unsafe. The City may impose additional reasonable restrictions
upon such operations as to reduce adverse impacts upon adjacent properties.
H.
Oil and gas processing facilities. Associated processing facilities
that separate oil, gas and brine and hold said products for transport
off site for further refinement and processing are not permitted.
I.
Compliance with laws and permit issuance. The drilling, completion,
or operation of oil and gas wells or other wells drilled for the purpose
of oil or gas exploration shall be done in conformity with all state
and federal laws, statutes, rules, and regulations pertaining thereto
and particularly with the State of Michigan and regulations of its
Supervisor of Wells. This shall include obtaining the required permit
from the Supervisor of Wells, which permit shall be provided to the
City prior to the City issuing special use approval under this section.
This requirement applies to, but is not limited to, the plugging of
wells, the exploring for, producing, marketing and transportation
of petroleum products and the disposition and removal of any byproducts
utilized and associated with said activities.
J.
Associated permits and approvals. Special use approval for the drilling,
completion, or operation of oil or gas wells or other wells drilled
for oil or gas exploration purposes is in addition to and not in lieu
of any permit or plan which may be required by any other provision
of the City of Roseville Zoning Ordinance, Building and Fire Codes,
or by any other governmental agency, unless expressly outlined.
K.
Operations.
(1)
Permitted construction activity hours. Site preparation and
construction of well sites are limited to the hours of 8:00 a.m. to
8:00 p.m. Construction activities associated with establishing of
well sites may be eligible for an exception by the Building Department
if such activities are in compliance with applicable laws and permits
and it is demonstrated that noise and disturbance from such activities
will not be annoying or disturbing to surrounding uses.
(2)
The movement of drilling rigs, tanker trucks or heavy equipment
used in connection with drilling or operation of oil or gas wells
over City roads and streets shall require the approval of the City
Manager in conjunction with a review by the City Engineer. A proposed
traffic route and the axle weight, vehicle weight and description
shall be submitted in advance to the City by the Applicant.
(3)
All brine, mud, slush, saltwater, chemicals, wastewater, chemical
fluids or waste produced or used in the drilling of production of
oil or gas shall be safely, lawfully and properly disposed of to prevent
infiltration of or damage to any freshwater well, groundwater, watercourse,
pond, lake or wetland. Such materials shall be promptly removed from
the site and shall not be continuously stored upon the site.
(4)
The oil or gas well site shall be kept in a clean and orderly
condition, free of trash and debris, with vegetation cut. Machinery
which is not expected to be used on the site within a two-week period
shall not be kept or stored at the well site.
(5)
An oil or gas well shall include measures or controls satisfactory
to the City Engineer to prevent migration, runoff or discharge of
any hazardous materials, including but not limited to chemicals, oil
or gas produced or used in the drilling or production of oil or gas,
to adjoining property, or to the sanitary sewer system, storm water
system or any natural or artificial watercourse, pond, lake, or wetland.
There shall be no off-site discharge of storm water except to an approved
drainage system in accordance with the City's engineering requirements.
L.
Inspection. The Building Official and any other designee of the City
Manager shall have the right and privilege at any time during the
construction phase and any drilling operation to enter upon the premises
subject to special land use approval for the purpose of making inspections
to determine if the requirements of this section and other applicable
ordinances are complied with.
M.
Injection wells. Injection wells used for brine disposal or other
chemicals from production of wells or from other sources are prohibited
within the City.
N.
Pipelines. No operator shall excavate or construct any lines for
the conveyance of fuel, water, oil, gas or petroleum liquids under
or through the streets, alleys or other properties owned by the City
without an easement or right-of-way issued by the City.
O.
Submittal requirements. In addition to the requirements for a site
plan and other submittal requirements under the general provisions
of special land use, the following information shall be submitted
as part of the application:
(1)
Environmental impact study. The applicant shall submit an environmental
impact statement filed with the Michigan Department of Environmental
Quality in connection with a well permit under the applicable provisions
of the Natural Resources and Environmental Protection Act, MCLA § 324.101
et seq., or as otherwise amended and administrative rules promulgated
thereunder.
(2)
Hydrogeological analysis.
(3)
Emergency response plan. Pursuant to state and federal law,
the operator shall provide any information necessary to assist the
City Emergency Services Department with an emergency response plan
and hazardous materials survey establishing written procedures to
minimize any hazard resulting from the operation. The emergency response
plan shall include emergency contact information.
(4)
Reclamation plan: a written statement describing how the land
will be returned to a stable and productive condition post drilling
operations shall be furnished. Time for completion of reclamation
shall be provided. The City shall require a bond calculated at the
estimated cost of reclamation procedures which shall be returned following
reclamation or may be drawn upon in the event reclamation is not completed
if provided in a timely fashion.
(5)
The operations plan shall include identification of site ingress
and egress, a haul route map, hours of operation, s soil erosion,
mud and dust control plan, a noise control plan, identification of
operational noise impacts, including documentation of establishing
noise levels and mitigating noise levels, shall provide topography,
shall provide an odor and fume control plan, pollution prevention
plan, impact mitigation plan, and monitoring and control plan.
[Added 4-13-2021 by Ord.
No. 1321]
Medical marihuana cultivation operations shall be permitted
in the I-1 and I-2 Districts subject to review and approval by the
Planning Commission, provided that they meet the conditions and standards
set forth in this section.
A.
The cultivation of medical marihuana can only be performed by a registered
primary caregiver in accordance with the Michigan Medical Marihuana
Act ("MMMA"),[1] or as otherwise regulated under the Medical Marihuana
Facilities Licensing Act[2] as provided in Chapter 192 and Chapter 370, § 370.114.3, of the City of Roseville Code of Ordinances. All activities conducted on-site must be in compliance with the MMMA.
B.
The subject property must be in an enclosed facility located 1,000
feet from churches, schools, parks, or substance abuse centers, and
500 feet from residential uses.
C.
Applicants for this use must submit a survey from a state-licensed
surveyor documenting that the buffering requirements have been met.
D.
A medical marihuana cultivation operation cannot exceed 700 square
feet.
E.
A medical marihuana cultivation operation shall not be located within
the same building or unit occupied by any other type of business,
unless co-located compliant with the Medical Marihuana Facilities
Licensing Act[3] and other medical marihuana facility use.
[3]
Editor's Note: See MCLA § 333.27101 et seq.
F.
Lighting utilized for cultivating medical marihuana shall not be
visible from the exterior of the building.
G.
No person under the age of 18 shall be permitted into a medical marihuana
cultivation operation at any time.
H.
Applicants for a primary caregiver must obtain a certificate of occupancy
from the Roseville Building Department.
I.
No equipment or process shall be used that creates noise, dust, vibration,
glare, fumes, odors, or electrical interference detectable to the
normal senses beyond the parcel boundary.
J.
If the MMMA is amended to eliminate or place additional restrictions
on caregivers, the use must be brought into compliance or terminated
within 30 days.
