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.
A.
Optional pre-application conference. Prior to the submission of an
application for special land use, the applicant may meet with the
Village for initial review. The purpose of this meeting is to facilitate
discussion between the applicant and Village, and to identify any
potential issues that will need to be addressed in the site development
process.
B.
Application requirements. A special land use application shall be
submitted to the Zoning Administrator at least 30 days prior to the
next regular Planning Commission meeting. An application that is incomplete
or otherwise not in compliance with this chapter shall be returned
to the applicant. All applications shall include the following:
C.
Review process.
(1)
Public hearing. Upon receipt of an application for approval of a special land use, the Zoning Administrator shall schedule a Planning Commission public hearing on the special land use request, in accordance with § 390-151.
(2)
Planning Commission decision. Following the public hearing on
the special land use request, and the Planning Commission shall approve,
approve with conditions or deny the special land use request, based
upon review and consideration of materials submitted with the application
and comments received at the public hearing.
(3)
Attachment of conditions. The Planning Commission may impose
reasonable conditions related to approval of a special land use which
are deemed necessary to:
(a)
Ensure that public services and facilities will be capable of
accommodating increased service and facility loads caused by the proposed
special land use;
(b)
Protect the natural environment and conserve natural resources
and energy;
(c)
Ensure compatibility with adjacent uses of land; and
(d)
Promote the use of land in a socially and economically desirable
manner.
(4)
Basis for decision. In arriving at their decision, the Planning
Commission shall refer to and be guided by those standards set forth
in this article. The decision of the Planning Commission or Zoning
Administrator, as applicable, shall be incorporated in a statement
of conclusions specifying the basis of the decision and any conditions
imposed. The decision and statement of conclusions, including conditions
imposed on any approval, shall be kept and made a part of the minutes
of the Planning Commission or as part of an official record.
D.
Issuance of permit and enforcement. Upon approval by the Planning
Commission, the Zoning Administrator shall issue the special land
use permit. It shall be the responsibility of the Zoning Administrator
to monitor compliance with the terms, conditions, and restrictions
of any special land use permit and take any enforcement action necessary
in the event of a violation of the special land use permit. Any violation
of the terms, conditions, or limitations of a special land use permit
shall be cause for revocation of the permit.
E.
Amendments. Amendments to special land use permits shall be handled in the same manner as the initial special land use application. Minor nonsubstantive changes to a site plan in accordance with § 390-129 may be made to an existing special land use permit with the approval of the Zoning Administrator.
F.
Appeals. No decision or condition related to a special land use application
shall be taken to the Zoning Board of Appeals.
G.
Transfers. The special land use permit, along with any and all associated
benefits, conditions, and required security may be transferred to
a new owner upon the sale or transfer of the property in question.
The prior owner, upon transferring the special land use permit, shall
advise the Zoning Administrator of said transfer in order to ensure
the continued validity of the permit and compliance with the terms
and conditions of the approved permit.
H.
Abandonment. Any permitted special land use shall be considered abandoned,
and such use shall not be resumed thereafter, if any of the following
conditions apply:
(1)
The owner declares or otherwise makes evident an intent to discontinue
the special land use.
(2)
When the special land use has been replaced by a different use.
(3)
If the special land use has been abandoned for more than one
year, and the Zoning Administrator finds that one or more of the following
conditions exist:
(a)
Utilities, such as water, gas, and electricity to the property,
have been disconnected.
(b)
The property, buildings, and grounds, have fallen into disrepair.
(c)
Signs or other indications of the existence of the special land
use have been removed.
(d)
Removal of equipment or fixtures necessary for the operation
of the special land use.
(e)
Other actions, which in the opinion of the Zoning Administrator
constitute an intention of the part of the property owner or lessee
to abandon the use.
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.
A.
A special land use approval granted pursuant to this article shall be valid for one year from the date of approval, unless approval is revoked as provided in § 390-136. If the special land use has been initiated or construction necessary for such use has been initiated and is proceeding meaningfully toward completion, approval shall remain valid indefinitely, unless the use is abandoned pursuant to § 390-132H.
B.
If after one year following approval, the special land use has not
been initiated or the construction necessary for such use has not
been initiated or, if construction has been initiated, it is not proceeding
meaningfully toward completion, then the special land use approval
shall be deemed expired and no longer valid.
C.
A special land use approval, including conditions imposed, is attached
to and shall run with the land for which the approval is granted,
and shall be binding upon subsequent owners and all occupants of the
subject land.
D.
Applications for re-approval of an expired special land use approval
shall be considered in the same manner as the original approval in
accordance with the procedures in 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).
A.
The general standards and requirements of §§ 390-134 to 390-136 apply to all special land uses. The specific and detailed requirements set forth in this section relate to particular uses and are requirements which must be met by those uses in addition to the foregoing general standards and requirements.
B.
The following requirements shall apply to any special land use approved
after the effective date of this chapter. Uses lawfully in existence
on the effective date of this chapter shall not be considered nonconforming
uses or nonconforming structures by reason of noncompliance with the
following requirements; provided, however, that the Planning Commission
may, as a condition of approval of any special land use request for
expansion or modification of such an existing use, require reasonable
measures to be taken to eliminate existing noncompliance with these
requirements.
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.
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 lake shore and scenic coastal areas.
I.
No more than one ADU shall be permitted on a single parcel.
J.
Development standards.
(1)
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.
(2)
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.
(3)
Occupancy. The property owner must occupy either the principal
or accessory dwelling.
(4)
Height. A single-story detached ADU shall not exceed 13 feet
in height. A 1 1/2- to two-story detached ADU shall not exceed
22 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.
(5)
Orientation. Windows facing an adjoining residential property
must be designed to protect the privacy of neighbors, unless fencing
or landscaping is provided as screening.
(6)
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.
(7)
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.
A.
Buildings shall conform to the yard, setback, and height standards
of the zoning district in which it is located.
B.
All required state and local licensing shall be maintained at all
times.
C.
Such facilities shall at all times be maintained in a manner consistent
with the character of the surrounding neighborhood.
D.
Hours of operation shall not exceed 16 hours during a twenty-four-hour
period. The Planning Commission shall not prohibit evening operations
completely, but may establish limitations on hours of operation and/or
activities between the hours of 10:00 p.m. and 6:00 a.m.
A.
The applicant shall demonstrate why the proposed use will not adversely
impact other uses in the vicinity and particularly those on adjacent
lots.
B.
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.
C.
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.
D.
No hazardous materials shall be stored on the site or used in any
assembly process.
E.
If the Planning Commission determines that any proposed use or activity
will create discernible 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.
A.
Minimum lot area shall be 12,000 square feet and minimum lot width
shall be 100 feet.
B.
Pump islands shall be a minimum of 15 feet from any public right-of-way
or lot line.
C.
Where adjoining a residential zoning district or use, a solid fence
or wall six feet in height shall be erected along the common lot line.
Such fence or wall shall be continuously maintained in good condition.
D.
In the event that the use of the property for sales of gasoline has
been abandoned or terminated for a period of more than one year, all
underground gasoline storage tanks shall be removed from the premises.
The Village may require a performance guarantee at the time of special
land use approval to ensure their removal.
A.
There shall be a minimum lot area of 12,000 square feet and minimum
lot width of 100 feet.
B.
Where adjoining a residential zoning district or use, a solid fence
or wall six feet in height shall be erected along the common lot line.
Such fence or wall shall be continuously maintained in good condition.
C.
All repair work shall be conducted completely within an enclosed
building.
D.
Any materials or products stored outside and not for sale shall be
completely enclosed by a solid fence, wall, or landscape screen approved
by the Planning Commission as part of the special land use approval.
Such fence, wall, or landscape shall be continuously maintained in
good condition.
E.
In the event that an automobile service station use has been abandoned
or terminated for a period of more than one year, all underground
gasoline storage tanks shall be removed from the premises in accordance
with local, state, and federal regulations.
A.
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.
B.
Sufficient stacking capacity shall be provided to ensure that traffic
does not extend into the street. Self-service car washes shall provide
a minimum of four stacking spaces (including one in the wash stall)
per each washing stall. Automatic washes shall provide a minimum of
10 stacking spaces (including two in the washing facility). Spaces
in addition to the minimum required shall be provided if determined
by the Planning Commission to be necessary to ensure that traffic
does not extend into the street. Stacking shall be planned so as to
minimize conflicts with entering and exiting traffic, pedestrians
and parking areas.
C.
Where adjoining a residential zoning district or use, a solid fence
or wall six feet in height shall be erected along the common lot line.
Such fence or wall shall be continuously maintained in good condition.
A.
A bed-and-breakfast establishment shall only be permitted in a single-family
detached dwelling which shall be owner occupied at all times. During
temporary absences (up to 14 days in a calendar year) the owner's
designee must be on the premises.
B.
A bed-and-breakfast establishment shall only be permitted on the
following streets in the Village: Savidge Street, West Exchange Street,
and Liberty Street.
C.
The impact of the bed-and-breakfast shall be no greater than that
of a private home with house guests.
D.
The rooms utilized for the bed-and-breakfast shall be a part of the
principal residential use and not specifically constructed for rental
purposes. Additions to the home for the sole purpose of expanding
of the bed-and-breakfast are not permitted. The residence shall not
be altered to contain more rental rooms than the number of bedrooms
which existed at the time of enactment of this article.
E.
The residential character of the dwelling shall be preserved, and
no structural alterations, construction features, or site features
of a nonresidential nature shall be permitted.
F.
No accessory building shall be used for bed-and-breakfast activities,
except that the Planning Commission may permit the use of an existing
accessory dwelling as a guest sleeping area for a bed-and-breakfast.
G.
Not more than four rooms shall be rented to guests.
H.
Meals may be served to overnight guests only and shall not be served
to the public at large. No cooking facilities are allowed in individual
rooms.
I.
Each sleeping room shall have a separate operational smoke detector
alarm that meets the requirements of the Michigan Building Code, as
amended from time to time. There shall be a fire extinguisher in proper
working order on every floor. There shall be at least two exits to
the outdoors from the dwelling.
J.
Lavatories and bathing facilities shall be provided for all registered
guests at a ratio of not less than one bathroom per two guest bedrooms.
K.
The maximum length of stay for any guests of the bed-and-breakfast
operation shall be 14 consecutive days and not more than 30 days in
any one year.
L.
All bed-and-breakfast operations shall maintain a guest register,
including name, address, phone number, and vehicle license number,
and indicating the dates of arrival and departure, which shall be
subject to inspection by the Zoning Administrator or his/her designee
during reasonable hours.
M.
Exterior refuse storage facilities beyond what might normally be
expected for a single-family detached dwelling shall be prohibited.
N.
Accessory retail and service uses, including but not limited to gift
shops, antique shops, restaurants, and bakeries shall be prohibited
unless the bed-and-breakfast establishment is located in a commercial
district where such uses are permitted. Additional parking shall be
provided for such additional uses as required by this chapter.
O.
No guest parking shall be permitted in the front yard. No parking area shall be lighted except for a residential porch light as regulated in § 390-35. A landscape buffer area shall separate the parking area from any adjacent residentially zoned or used property.
P.
A complete floor plan and site plan, including off-street parking,
must be provided for review and approval of the Planning Commission.
Q.
Rooms utilized for guest sleeping shall not exceed two occupants
per room, not including children under the age of 12. Each room for
guest sleeping shall be at least 100 square feet in area.
R.
Each dwelling utilized as a bed-and-breakfast establishment shall
comply with all applicable provisions of the State Construction Code,
Building Code, Electrical Code, Plumbing Code, Mechanical Code, Property
Maintenance Code, and Fire Prevention Code enforced by the Village.
The bed-and-breakfast establishment shall secure all applicable state
and local permits or certifications.
S.
All signs for the bed-and-breakfast establishment shall comply with the regulations in Article XV of this chapter.
T.
Any property to be used for a bed-and-breakfast establishment shall be suitable for transient lodging facilities. In this connection, a bed-and-breakfast establishment shall meet the requirements of Chapter 271, Rental Units, Registration of, of the Code of the Village of Spring Lake, and shall be subject to periodic registrations and inspections as provided in said Code.
A.
The facility must be operated by a church or 501(c)(3) nonprofit
organization as a not-for-profit operation. The facility must be located
on property that has been removed from the property tax rolls prior
to the submission of the special use application. The office(s) of
the organization may be in the facility.
B.
Any temporary transitional housing shall be subject to the following:
C.
The facility shall be operated in a single-family dwelling, or a
structure built to resemble a single-family dwelling, similar in style
to a typical Village home.
D.
There may be no more than one principal structure per parcel.
E.
The home(s) and property shall be maintained in a manner consistent
with the visible characteristics of the surrounding residential neighborhood.
F.
The housing units need not be owner occupied.
G.
Food and clothing distribution and similar services may occur only
between the hours of 8:00 a.m. and 6:00 p.m., Monday through Saturday.
H.
Delivery of food, clothing, or other commodities to the facility
by semitrailer trucks is prohibited.
I.
Parking areas shall be set back five feet from all property lines
and the setback area shall be landscaped to buffer adjacent properties
from noise and headlights;
J.
The applicant shall submit a sign plan for the facility. The Planning
Commission shall review the sign plan based on the size and location
of the facility and the proximity of the facility to residentially
zoned or used properties.
K.
Site lighting shall be of a residential nature, size, scale, and
intensity, and shall be confined to the property on which the facility
is located.
L.
Unless otherwise stated in this article, all building additions,
accessory buildings, major site changes, or changes in use require
an amendment to the special use permit and site plan approval per
the requirements of this chapter.
A.
For purposes of this section "participant" is defined as the adult
who is being supervised at the facility.
B.
The facility must be operated by a church or 501(c)(3) nonprofit
organization as a not-for-profit operation.
C.
The applicant shall indicate the number of anticipated participants
and illustrate how they will be able to safely accommodate them on
site. Input or information from the Fire Chief or other relevant reviewing
agency is recommended.
D.
Hours of operation shall be limited to a period beginning at 6:00
a.m. and concluding at 11:00 p.m. seven days per week. Additional
hours may be permitted from time to time, but must be approved in
advance by the Zoning Administrator, or at their discretion, the Planning
Commission.
E.
The facility shall be operated in a single-family dwelling, or a
structure built to resemble a single-family dwelling similar in style
to a typical Village home with a homelike atmosphere for the participants.
F.
The facility does not need to be owner occupied.
G.
The facility shall meet all ADA accessibility standards.
H.
All entrances used by participants must be covered by an awning,
roof, or other building feature to protect participants from the elements.
Such awning or covering may encroach into the side or front setback
up to five feet, but no closer than 10 feet to the property line.
Installation of such awning or covering shall be subject to the approval
of the Zoning Administrator.
I.
The home and property shall be maintained in a manner consistent
with the visible characteristics of the surrounding residential neighborhood.
J.
The minimum lot area shall be 20,000 square feet.
K.
Outdoor recreation area shall be fenced.
L.
A dropoff/pickup area shall be provided for vehicles off the street.
Such area shall be arranged so as to allow entrance to the street
without backing of vehicles and so as to minimize conflicts between
pedestrians and traffic.
M.
Parking areas shall be set back five feet from all property lines,
and the setback area shall be landscaped to buffer adjacent properties
from noise and headlights.
N.
All applicants must demonstrate that there will be adequately trained
personnel to staff or manage the facility.
O.
The facility may have one nonilluminated wall sign not exceeding
20 square feet in area on the building wall facing the street. One
additional sign which meets the same requirements may be permitted
over a major building entrance facing the parking lot.
P.
Site lighting shall be of a residential nature, size, scale, or intensity,
and shall be confined to the property on which the facility is located.
Q.
Unless otherwise stated in this article, all building additions,
accessory buildings, and major site changes require an amendment to
the special use permit and site plan approval pursuant to the requirements
of this chapter.
A.
All required state and local licensing shall be maintained at all
times.
B.
All outdoor areas used for care and play area shall be located in
the rear or side yards only and shall have appropriate fencing for
the safety of the children. Such fence shall consist of a six-foot-high
opaque fence along the area adjoining another residence, and a four-foot
to six-foot-high fence in the rear yard and in the side yard up to
the front building line. Play areas abutting a public right-of-way
shall be prohibited.
C.
Such facilities shall be located at least 1,500 feet from any one
of the following:
(1)
A licensed or preexisting operating group or commercial day
care home.
(2)
An adult foster care facility.
(3)
A facility offering substance abuse treatment and rehabilitation
service to seven or more people.
(4)
A community correction center resident home halfway house or
similar facility under jurisdiction of the county sheriff or the department
of corrections.
D.
Such facilities shall at all times be maintained in a manner consistent
with the character of the surrounding neighborhood.
E.
The Planning Commission shall not prohibit evening operations completely,
but may establish limitations on hours of operation and/or activities
between the hours of 10:00 p.m. and 6:00 a.m.
A.
All required state and local licensing shall be maintained at all
times.
B.
All outdoor areas used for care and play area shall be located in
the rear or side yard only, and shall have appropriate fencing for
the safety of the children. Such fence shall consist of a six-foot-high
opaque fence along the area adjoining another residence, and a four-foot
to six-foot-high fence in the rear yard and in the side yard up to
the front building line. Play areas abutting a public right-of-way
shall be prohibited.
C.
Such facilities shall be located at least 1,500 feet from any one
of the following:
(1)
A licensed or preexisting operating group or commercial day
care home.
(2)
An adult foster care facility.
(3)
A facility offering substance abuse treatment and rehabilitation
service to seven or more people.
(4)
A community correction center resident home halfway house or
similar facility under jurisdiction of the department of corrections.
D.
Such facilities shall at all times be maintained in a manner consistent
with the character of the surrounding neighborhood.
E.
The Planning Commission shall not prohibit evening operations completely,
but may establish limitations on hours of operation and/or activities
between the hours of 10:00 p.m. and 6:00 a.m.
A.
Only one ingress/egress driveway shall be permitted on any single
street. A one-way-in/one-way-out driveway shall be counted as a single
ingress/egress driveway.
B.
Sufficient stacking capacity for the drive-through facility shall
be provided to ensure that traffic does not extend into the street.
A minimum of five stacking spaces (including one space at the drive-through
facility) per each drive-through facility station shall be provided
in all cases. Spaces in addition to the minimum required shall be
provided if determined by the Planning Commission to be necessary
to ensure that traffic does not extend into the street.
C.
Stacking shall be planned so as to minimize conflicts with entering
and exiting traffic, pedestrians, and parking areas.
D.
The drive-through facility shall be screened from adjacent residential
properties.
E.
The speaker system shall not be audible from the road right-of-way
or adjacent properties.
F.
Lighting of all drive-through facilities shall 100% cutoff fixtures
directed downward. All lighting shall be directed away from adjacent
properties and streets.
A.
An off-street vehicle assembly area shall be provided to be used
in support of funeral procession activities. This area shall be in
addition to the required off-street parking and its related maneuvering
area.
B.
A caretaker's residence may be provided within the main building.
C.
The use shall not be located on a local street.
A.
Minimum lot area shall be one acre and minimum lot width shall be
150 feet.
B.
Where adjoining a residential zoning district or use, a dense, evergreen
vegetative buffer not less than six feet in height at time of planting
shall be erected along the common lot line. Such buffer area shall
be continuously maintained in good condition.
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.
A.
There shall be no aboveground storage of gasoline, fuel oil, or other
flammable liquids or gasses.
B.
No building, structure, dock, or parking area which is part of a
marina shall be located closer than 35 feet to any lot in the SFR
Zoning District.
C.
Required parking facilities shall not be used for storage of boats,
racks, or trailers for periods exceeding 72 hours, from June 1 to
September 10.
A.
Any materials or products stored or displayed in the open air shall
not extend into any required yard or occupy any required parking or
maneuvering areas for vehicles.
B.
Any materials or products stored outside and not for sale shall be
completely enclosed by a decorative fence, wall, or landscaped screen
approved by the Planning Commission as part of the special land use
approval. Such fence, wall, or screen shall be continuously maintained
in good condition.
C.
Lighting of outdoor display areas shall be shielded so as to deflect
light away from any residential use or residential zoning district
and shall not be placed so as to interfere with vision of drivers
on adjoining streets.
A.
The drive-through facility shall be screened from adjacent residential
properties.
B.
The speaker system shall not be audible from the road right-of-way
or adjacent properties.
C.
Sufficient stacking capacity for the drive-through portion of the
operation shall be provided to ensure that traffic does not extend
into the public right-of-way nor does it interfere with internal circulation
of vehicles. No more than three stacking spaces shall be permitted.
D.
Lighting of all drive-through facilities shall be 100% cutoff fixtures
directed downward. All lighting shall be directed away from adjacent
properties and streets.
A.
Sufficient stacking capacity for the drive-through facility shall
be provided to ensure that traffic does not extend into the street.
A minimum of 10 stacking spaces shall be provided for the drive-through
facility. Spaces in addition to the minimum required shall be provided
if determined by the Planning Commission to be necessary to ensure
that traffic does not extend into the street. Stacking shall be planned
so as to minimize conflicts with entering and exiting traffic, pedestrians,
and parking spaces.
B.
A minimum of three parking spaces shall be placed beyond the pickup
window to accommodate vehicles waiting for delivery of orders.
C.
Where adjoining a residential zoning district or use, a dense evergreen
vegetative buffer not less than six feet in height at the time of
planting shall be installed along the common lot line. The buffer
shall be continuously maintained in good condition.
D.
The speaker system shall not be audible from the street right-of-way
or adjacent properties.
A.
The use shall be established and maintained in accordance with any
and all applicable local, state, and federal laws.
B.
Parking shall comply with the parking requirement for each specific
use on the site; however, parking requirements may be reduced if the
Planning Commission finds that such requirements may be modified due
to varying hours of operation or other factors.
C.
All dwellings shall consist of at least 450 square feet of floor
area per dwelling unit.
D.
The number of efficiency dwelling units may exceed 15% of the total
number of dwelling units, provided the total number of dwelling units
shall not exceed 18 dwelling units per net usable acre of land.
E.
The owner shall file with the Village a covenant, reviewed as to
form by the Village Attorney and approved by the Village Council.
The owner shall covenant on behalf of owner and the owner's heirs,
personal representatives, successors, and assigns that occupancy of
the development shall be limited to the "aged" as defined in Section
20106 of Michigan Public Act 368 of 1978, the Public Health Code,[1] as amended or as superseded and replaced. The covenant
shall be executed and recorded with the county register of deeds prior
to issuance of a building permit.
[1]
Editor's Note: See MCLA § 333.20106.
[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.
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:
A.
The Planning Commission may establish hours of operation to protect
the character of the land uses in the vicinity. Hours of operation
shall be consistent with those of adjacent land uses.
B.
Food or beverages shall not be served at the establishment.
C.
The applicant shall demonstrate that outdoor loitering space would
not be provided for and that outdoor loitering would be prohibited.
D.
The use shall be compatible with other allowed uses in the vicinity.
The impact of the establishment shall be no greater than of other
uses allowed in the commercial districts of the Village.
E.
A proposed tattoo or piercing parlor shall be located a minimum of
1,000 feet from an existing tattoo or piercing parlor or educational
facility. The Planning Commission may waive this requirement if it
finds that physical features significantly separate the uses so as
to avoid concentration of tattoo or piercing parlors, and to avoid
the establishment of a tattoo or piercing parlor in proximity to an
educational facility.
A.
Boarding of animals shall not be permitted except for brief periods
deemed necessary for medical observation or treatment.
B.
Buildings in which animals are treated shall not be located nearer
than 50 feet to any adjacent dwelling. No outdoor animal runs shall
be permitted.
C.
Where adjoining a residential zoning district or use, a solid fence
or wall six feet in height or a dense evergreen vegetative buffer
not less than six feet in height at time of planting shall be erected
and maintained along any common lot line. The buffer area shall be
continuously maintained in good condition.
A.
The applicant shall demonstrate why the proposed use will not adversely
impact other uses in the vicinity and particularly those on adjacent
lots.
B.
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.
C.
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.
D.
If any hazardous materials are to be stored on the site or used in
any manufacturing 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.
E.
If the Planning Commission determines that any proposed use or activity
will create discernible 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.
