This article describes procedures and standards for approval
of special land uses. These uses, because of their unique characteristics,
require special consideration in relation to the welfare of adjacent
properties and the community as a whole. The regulations and standards
herein are designed to allow reasonable uses of land while maintaining
adequate provisions for the protection of the health, safety, and
welfare of the community.
The Planning Commission shall approve, or approve with conditions,
a special land use request only upon a finding that all of the following
standards for approval are satisfied:
A. That the use is designed and constructed, and will be operated and
maintained so as to be harmonious and appropriate in appearance with
the existing or intended character of the general vicinity and that
such use will not change the essential character of the area in which
it is proposed.
B. The special land use shall be consistent with the adopted Spring
Lake Village Master Plan.
C. The special land use authorized shall be compatible with adjacent
uses of land, the natural environment, and the capacities of public
services and facilities affected by the land use.
D. The use is, or will be, served adequately by public services and
facilities, including, but not limited to, streets, police and fire
protection, drainage structures, refuse disposal, water and sewer
facilities and schools.
E. The use does not involve activities, processes, materials and equipment
or conditions of operation that will be unreasonably detrimental to
any persons, property or the general welfare by reason of excessive
traffic, noise, smoke, fumes, glare, or odors.
F. That the buildings, structures, and entrances thereto proposed to
be located upon the premises are so situated and so designed as to
minimize adverse effects upon owners and occupants of adjacent properties
and the neighborhood.
G. The site plan and special land use shall comply with the applicable specific special land use requirements contained in §
390-137 of this article.
The Planning Commission may revoke any special land use approval, or take any other action allowed by law, if the applicant fails to comply with any of the applicable requirements in this article, any conditions placed on the original approval by the Planning Commission, or any other applicable provisions of this chapter. Prior to revoking a special land use approval, the Planning Commission shall conduct a public hearing and give notice of such hearing in accordance with §
390-151. The applicant shall be given a reasonable opportunity to correct the violation(s).
[Added 9-18-2023 by Ord. No. 386]
In determining whether to grant a special use permit for a residential accessory building that exceeds the maximum height requirement established in §
390-22H, the Planning Commission will determine if the proposed structure meets the following criteria:
A. The accessory building may not exceed 24 feet or two stories in height,
whichever is less.
B. The accessory building meets all standards of §
390-22 other than building height.
C. The exterior design of the accessory building shall be compatible
with the existing residence on the lot. The building form, height,
construction materials, dimensions, and landscaping shall remain consistent
with the principal structure and in harmony with the character and
scale of the surrounding neighborhood.
D. Where applicable, the accessory building shall be located and designed
to protect neighboring views of the lakeshore and scenic coastal areas.
E. The design and location of the ADU shall maintain a compatible relationship
to adjacent properties and shall not significantly impact the privacy,
light, air, or parking of adjacent properties.
[Amended 9-18-2023 by Ord. No. 386
A. An accessory dwelling shall not be used for short-term rental purposes.
B. All structures designed and/or used for the temporary or permanent
dwelling of a person or persons and not integrated into the primary
residence on a lot shall be considered an accessory dwelling unit
(ADU).
C. The ADU shall be connected to public water and wastewater systems.
D. The ADU shall include a kitchen, bathroom, and sleeping area separate
from the primary residence, and shall meet all provisions of the Building
Code and regulations.
E. The exterior design of an ADU, whether attached or detached to the
principal dwelling, including the primary dwelling unit, shall be
compatible with the existing residence on the lot. The building form,
height, construction materials, dimensions, and landscaping shall
remain consistent with the principal structure and in harmony with
the character and scale of the surrounding neighborhood.
F. The ADU shall not result in excessive traffic, parking congestion,
or noise.
(1)
Off-street parking spaces shall be provided in a quantity sufficient
to accommodate the principal dwelling and ADU.
G. The design and location of the ADU shall maintain a compatible relationship
to adjacent properties and shall not significantly impact the privacy,
light, air, or parking of adjacent properties.
H. Where applicable, the ADU shall be located and designed to protect
neighboring views of the lakeshore and scenic coastal areas.
I. No more than one ADU shall be permitted on a single parcel.
J. Development standards.
(1)
ADUs shall count towards the maximum number of buildings and floor area for total accessory buildings established in §
390-22H.
(a)
In the case of a one-and-one-half- to two-story detached ADU,
only the portion of the building footprint devoted to the ADU shall
be counted towards the maximum building area.
(2)
Unit size. ADUs shall have a floor area no less than 400 square
feet and no greater than 1,000 square feet, and an ADU shall not be
greater than the size of the principal dwelling.
(3)
Setbacks. ADUs shall comply with all setbacks for accessory
buildings in the zoning district in which they are located. Attached
ADUs shall meet the same setbacks as required for the principal dwelling.
(4)
Occupancy. The property owner must occupy either the principal
or accessory dwelling.
(5)
Height. A single story detached ADU shall not exceed 16 feet
in height. A one and one-half- to two-story detached ADU shall not
exceed 24 feet in height. Height shall be measured to the roof peak.
If the primary dwelling unit has historic or special roof features
or ornamentation, which should be matched on the ADU, the maximum
building height may be exceeded in order to accommodate the existing
character of the lot, subject to review and approval of the zoning
administrator.
(6)
Orientation. Windows facing an adjoining residential property
must be designed to protect the privacy of neighbors, unless fencing
or landscaping is provided as screening.
(7)
Deed restrictions. Before obtaining a building permit, or when
a building permit is not required, before making an ADU available
for use, the property owner shall file with the Zoning Administrator
a declaration of restrictions containing a reference to the deed under
which the property was acquired by the present owner, which shall
state the following:
(a)
The use permit for the ADU shall be in effect only so long as
either the main residence or the ADU is occupied as the principal
residence by the applicant.
(b)
The ADU is restricted to the approved size.
(c)
The ADU shall not be sold separately.
(d)
All above declarations shall run with the land, and are binding
upon any successor in ownership.
(e)
The deed restrictions shall lapse upon the removal of the ADU.
(8)
Attached accessory dwelling units. All attached ADUs shall have
a separate entrance/exit from that of the primary dwelling unit. All
interior doors and entryways linking the primary residence to the
accessory unit shall be lockable.
Only one ingress/egress driveway shall be permitted on any single
street. A one-way-in/one-way-out access shall be counted as a single
ingress/egress driveway.
The Planning Commission may require the completion of a traffic
impact study for large places of public assembly.
[Added 5-15-2023 by Ord. No. 383]
A. The proposed assembly use shall be contingent upon the established
restaurant use. The Planning Commission may determine that the assembly
portion of the use is sufficiently large enough to be considered a
separate principal use.
B. As applicable, facilities must obtain all required county, state,
and federal approvals. Copies of all approvals must be submitted to
the Village. If an approval cannot be obtained prior to special use
approval, then that approval will be a condition of the special land
use, and a copy of the approval must be submitted prior to the issuance
of a building permit.
C. Any products used in the process may be stored in a detached building,
provided that:
(1)
Any such structure complies with the setback requirements for
the district in which it is located.
(2)
All buildings are compatible in character and materials.
(3)
No outdoor storage of materials is permitted.
(4)
Storage in tractor trailers shall be permitted for periods not
exceeding 24 hours which shall occur in the designated loading zone
or designated parking area.
D. The applicant shall demonstrate why the proposed use will not adversely
impact other uses in the vicinity and particularly those on adjacent
lots.
E. The applicant shall submit estimates regarding the amount and type
of truck traffic that can reasonably be expected to enter or leave
the site on a daily and weekly basis.
F. If the entire site is not initially being developed, the applicant
shall indicate on the required site plan any contemplated expansions
or additional development that might be expected to take place at
a future date.
G. The Planning Commission reserves the right to require buffering,
screening, setbacks and other elements that are greater than those
otherwise required by this section in keeping with the spirit and
intent of this section to protect the public health, safety and welfare.
H. Federal, state and local agency requirements for storage, spill prevention,
recordkeeping, emergency response, transport and disposal of hazardous
substances and polluting materials shall be met. No discharge to groundwater,
including direct and indirect discharges, shall be allowed without
appropriate state, county and Village permits and approvals.
I. If any hazardous materials are to be stored on the site or used in
any process, a detailed listing of each substance and the approximate
quantity to be located on site shall be submitted. A detailed plan
of substance storage, hazard control and prevention, and emergency
response shall be submitted and reviewed by the Fire Chief and a report
made to the Planning Commission.
J. Any storage facilities shall provide adequate security and signage
to notify the public of any hazardous materials and to prevent trespass.
K. If the Planning Commission determines that any proposed use or activity
will create discernable noise, dust, vibration, odor, glare, or heat
beyond any property line, a detailed statement shall be provided which
addresses and quantifies each concern and addresses how each concern
will be minimized to the satisfaction of the Planning Commission.
[Amended 6-14-2021 by Ord. No. 368; 2-21-2022 by Ord. No. 375]
A. If the subject lot does not meet the district minimum lot area, has
other dimensional nonconformities, or has an existing nonconforming
use, the Planning Commission may deny approval, or it may condition
approval on measures that mitigate potential adverse effects of operating
a short-term rental on the lot.
B. Parking shall be located on site and comply with these requirements
in addition to any other requirements for the applicable zoning district
in question.
(1)
The applicant shall provide parking location information on
the site plan. This shall be considered the designated parking area
and include the following information:
(a)
A minimum of two off-street parking spaces located on the subject
property shall be provided per unit (up to six occupants), plus one
space for every three occupants over six, based on approved occupancy
for the dwelling unit.
(b)
Any proposed expanded parking area must be shown on the site
plan and will be subject to review by the Planning Commission and
Zoning Administrator. Parking on the grass is prohibited.
(2)
All guest parking must occur in the approved designated parking
area.
(3)
Parking and driveway materials shall be compliant with §
390-117A.
C. Outdoor areas intended for the congregating of guests (e.g., porches,
decks, pools and pool decks, gazebos, fire pits, etc) must meet the
following requirements, in addition to other requirements established
by this chapter.
(1)
Fire pits shall meet the requirements of the fire code and any
other applicable codes.
(2)
Patios and decks must be a minimum of three feet from any property
line.
(3)
The Planning Commission may require an outdoor congregating
area to be fenced in or landscaped in order to help buffer the short-term
rental from neighboring properties. The Village shall consider lot
sizes in the area and of the short-term rental, surrounding land uses,
topography, and other considerations deemed relevant by the Village.
D. The number of overnight guests in a short-term rental shall be based
on occupancy limits established by the International Property Maintenance
Code. No guest may sleep on couches, the floor, in tents, or in trailers
on the lot.
E. The applicant shall submit a floorplan of the dwelling unit and a
site plan of the property drawn to a scale of not less than 1/8 inch
equals one foot.
F. No separate cooking facilities shall be allowed in sleeping rooms.
G. If the conditions of approval for a short-term rental permit are not satisfied, the Village shall send written notification to the owner, explaining the alleged violations. If the alleged violations are not promptly resolved, the Village may schedule a public hearing before the Planning Commission pursuant to §
390-136.
H. The following site modifications must be reviewed by the Planning
Commission as an amendment to the special land use or shall void the
approval of the existing special land use:
(1)
Any structural expansion of the dwelling that increases the
square footage of the dwelling, including the addition of a new decks
and patios.
(2)
Alteration of the interior of the dwelling in a manner that
results in an increased number of sleeping rooms.