§ 154.107  USES NOT OTHERWISE INCLUDED WITHIN A SPECIFIED USE DISTRICT.
   Because the uses hereinafter referred to possess unique characteristics making it impractical to include them in a specific use district classification, they may be permitted by the City Council under the conditions specified, and after public hearing. These uses require special consideration since they service an area larger than the city and require sizeable land use areas, creating problems of control with reference to abutting use districts. Reference to those uses falling specifically within the intent of this section is as follows:
   (A)   Soil excavation and filling. The removal of topsoil, subsoil, gravel, sand, rock, aggregates, earth and other similar materials and the depositing and dumping of sand, gravel, earth, rock, stone, concrete, minerals, and other similar materials shall be subject to the following:
      (1)   The City Council shall first seek the findings and recommendations, pro or con, of the Planning Commission clearly demonstrating that the removal, depositing or dumping of the above materials will not permanently impair the intended land use potential of the property in question.
      (2)   The City Council may issue a permit only after a proper notice shall have been made and only after a public hearing shall have been held and upon finding that such excavation or filling will not impair the uses of abutting property as zoned nor create a nuisance to abutting property or the neighborhood.
      (3)   The City Council may establish standards, operating requirements, applications and review procedures, bonds and other such conditions, restrictions, and safeguards as may be deemed necessary in the interest of the public health, safety and welfare.
   (B)   Outdoor theaters. Because outdoor theaters possess the unique characteristic 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 within an I Industrial District and only when the site in question is surrounded by an I District. Outdoor theaters shall further be subject to the following conditions:
      (1)   The proposed internal design shall receive approval from the Building Inspector and the City Engineer as to adequacy of drainage, lighting, screening and other technical aspects.
      (2)   Outdoor theaters shall abut directly upon a major thoroughfare and points of ingress and egress shall be available to the outdoor theater only from said major thoroughfares and shall not be available from any residential street.
      (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 laid out so as to prevent the movie screen from being viewed from residential areas or adjacent major thoroughfares. All lighting used to illuminate the area shall be so installed as to be confined within, and directed onto, the premises of the outdoor theater site.
      (5)   The proposed outdoor theater shall be subject further to the review and approval of the Planning Commission.
   (C)   Television and radio towers. Television and radio towers and their attendant facilities shall be permitted in any P District, subject further to the following conditions:
      (1)   The use shall be located centrally on a continuous parcel having a dimension at least equal to the height of the tower measured from the base of said tower to all points on each property line.
      (2)   The proposed site plan shall receive approval from the City Engineer as to adequacy of drainage, lighting, general safety, and other technical aspects.
      (3)   The proposed use shall be subject further to the review and approval of the Planning Commission.
   (D)   Trailer courts. Trailer courts shall only be permitted within an R-M Multiple Family Residential District. Trailer courts shall further be subject to the following requirements and conditions:
      (1)   The trailer court shall provide a 50-foot greenbelt on all sides abutting a One-Family Residential District and shall further provide for a 20-foot greenbelt between itself and any other abutting district. The greenbelt shall be located within the trailer court site and shall provide a continuous year around obscuring screen.
      (2)   An open area shall be provided on each trailer coach lot, to insure privacy, and adequate natural light and ventilation to each trailer and to provide sufficient area for outdoor uses essential to the trailer coach. All lots shall contain a minimum area of at least 3,000 square feet. All such trailer lot areas shall be computed exclusive of service drives, facilities and recreation space.
      (3)   The sum of the yards at the entry side and non-entry side of a trailer coach stand shall be not less than 20 feet provided, however, there shall be a side yard of not less than 15 feet at the entry side of the trailer coach stand and a side yard of not less than five feet at the non-entry side of the trailer coach stand. There shall be a rear yard of not less than five feet at the rear end of the stand and a front yard of not less than ten feet at the front end of the trailer coach stand. For irregularly shaped side yards, the sum is determined as the sum of the average width of each side yard provided that the required minimums above are maintained at all points in the side yard.
      (4)   No trailer coach shall be located closer than 50 feet to the right-of-way line of a public thoroughfare, or to the trailer court property line.
      (5)   The trailer court shall have access only to a major thoroughfare by directly abutting thereon and shall not have access available from any residential street.
      (6)   Prior to public hearings on the proposed trailer court, notification shall be given by the applicant by registered mail, return receipt requested, of the proposal for the trailer court and the date, time and place of public hearing to all owners of property located within 1,000 feet of the proposed trailer court.
      (7)   All trailer court developments shall further comply with Public Act 243 of 1959, being M.C.L.A. §§ 125.1035 to 125.1043, as amended and any codes or ordinances of the city.
      (8)   No building or structure hereafter erected or altered in a trailer court shall exceed one story or 14 feet.
      (9)   The proposed trailer court shall be subject further to the review and approval of the Planning Commission.
   (E)   Airports and related uses. Airports, landing fields and platforms, hangers, masts and other facilities for the operation of aircraft, shall be permitted in I Industrial Districts, and shall be subject to the following conditions:
      (1)   The plans for such facility shall be given approval by the Federal Aviation Administration prior to submittal to the Board of Appeals for review and action.
      (2)   The area of the clear zone (see FAA definition) shall be provided for within the land area under airport ownership.
      (3)   To enable the Board of Appeals to determine that the above conditions have been satisfactorily complied with, all applications for such uses shall submit detailed site plans showing the location of the site, clear zones and proof of ownership of the land designated as the clear zone.
      (4)   The proposed airport or related use shall be subject further to the review and approval of the Planning Commission.
(`73 Code, 15.320, § 5.117)  (Ord. eff. 8-1-67; Am. Ord. passed 1973; Am. Ord. eff. 6-6-08)