The requirements set forth in this section relate to particular special land uses and specific requirements which must be met in addition to the standards of § 152.213.
(A) Above ground storage of flammable liquids.
(1) The minimum lot size shall be five acres.
(2) The lot shall be located so that at least one side abuts a major street (as defined by Act 51) and all access shall be from such street.
(3) The main and accessory buildings and any storage facilities shall not be located nearer than 300 feet to any adjacent residential district or use.
(4) Proper containment facilities shall be constructed to ensure that accidental spills or ruptures will not cause the contamination of any groundwater source.
(5) No advertising or other signs, other than required regulatory or warning signs, shall be permitted on any tank or other storage facility.
(B) Adult entertainment activities.
(1) Intent. It is the intent of this division to provide regulations controlling those uses which are recognized as having serious, objectionable, operational characteristics inducing a deleterious impact on adjacent uses and areas. Special regulations of these uses are necessary to insure that the anticipated adverse impacts will not contribute to the blighting or downgrading of the surrounding neighborhood. Uses subject to these controls include: adult bookstores, adult motion picture theaters, adult motels, nightclubs, and massage parlors, as herein defined.
(2) Definitions. For purposes of this division, the adult entertainment activities listed above shall have the meanings as noted in the definitions subchapter of this chapter.
(3) General requirements and restrictions. Establishments where uses subject to the control of this division are located shall not be expanded in any manner without first applying for and receiving the approval of the Village Council as provided herein. The Village Council shall only issue a special land use permit for adult entertainment activities which comply with the following requirements:
(a) Adult entertainment activities shall not be located in any zoning district except the industrial district.
(b) Adult entertainment activities shall not be allowed within 500 feet of another existing adult entertainment use, or within 500 feet of any residential zoning district, or within 500 feet of an existing church, school, park or playground.
(c) All persons massaging any client or customer must be certified as a massage therapist by the American Massage Therapy Association or be a graduate of a school of massage therapy that is certified by the State of Michigan, or have such other similar qualifications which must be submitted to and approved by the Planning Commission.
1. All massage clinics are subject to inspection from time to time by the Building Inspector and shall be required to file reports as may be required by the village, at least annually, as to the names and qualifications of each person who administers massages under the authority or supervision of the massage establishment.
2. This definition shall not be construed to include a hospital, nursing home, medical clinic, or the office of a physician, surgeon, chiropractor, osteopath, or physical therapist duly licensed by the State of Michigan, nor barber shops or beauty salons in which massages are administered only to the scalp, the face, the neck or the shoulder.
3. This definition shall not be construed to include a non-profit organization operating a community center, swimming pool, tennis court, or other educational, cultural, recreational, and athletic facilities for the welfare of the residents of the area.
(d) Any sign or signs proposed for the adult use business must comply with the requirements of this chapter, and shall not include photographs, silhouettes, drawings, or pictorial representations of any type, nor include any animated illumination or flashing illumination.
(e) No person younger than 18 years of age shall enter into or be permitted to remain on the premises of a sexually oriented business at any time the sexually oriented business is open for business.
(f) A sexually oriented business that offers live entertainment shall provide:
1. A dressing area for performers that has direct access to and from the dressing area and the performance area or stage so that the performer may enter the performance area or stage without entering the area from which the patrons view the performance. The dressing area must be separate from, and not freely accessible to, areas of the business to which patrons or customers have ready access, and must contain hot and cold running water, toilet facilities, and must also be handicap accessible to the extent required by the American with Disabilities Act, as amended.
2. A performance area or stage that is at least 12 inches above the area from which patrons view the performance.
3. Signs must be posted on both that notify patrons of the sexually oriented business that contact between the patrons and any employee, owner, independent contractor, or performer who displays specified anatomical areas or who performs specified sexual activities is prohibited. At a minimum, two such signs must be displayed on the premises of the sexually oriented business. The required sign must be situated in the area of the sexually oriented business in which patrons are admitted and in which patrons are served beverages, if any. The signs must be at least 24 inches by 36 inches in size, and contain the following notice: "NOTICE: Physical contact between patrons and performers who display specified anatomical areas or who perform specified sexual activities is prohibited by Ordinance of the Village of Fowler. Violators will be prosecuted." This notice must be printed in bold face types that is at least 24 point in lettering size.
(g) An employee, owner, independent contractor, or performer of any kind who displays specified anatomical areas or performs specified sexual activities shall not have any physical contact with a patron of the sexually oriented business in regards to, or the receipt of, tips or gratuities. Physical contact with patron includes, but is not limited to, any contact between the employee, owner, independent contractor, or performer of the sexually oriented business and a patron in which the patron touches any part of the employee's, owner's, independent contractor's, or performer's body, or if the patron causes something in his or her direct control to touch any part of the employee's, owner's, independent contractor's, or performer's body.
(h) A sexually oriented business shall meet all local, state, and federal building code requirements. A sexually oriented business shall only be located in the village as provided for by the Village Zoning Ordinance.
(i) An operator of a sexually oriented business shall permit the Village Zoning Administrator and his/her agents, including any law enforcement official or building inspector, to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the requirements of this chapter, of any other village ordinances, or of any other law or regulation.
(j) No employee, owner, independent contractor, or performer shall engage in any act of public nudity, unless that person is in or on the performance area or stage area.
(k) No patrons shall be permitted to engage in any act of public nudity.
(l) No product for sale or gift, nor any picture or other representation of any product for sale or gift, shall be displayed so that it is visible by a person of normal visual acuity from the nearest adjoining roadway or adjoining property.
(m) No adult use shall be open for business prior to 10:00 a.m., nor after 11:00 p.m. However, employees or other agents, or contractors of the business are permitted to be on the premises at other hours for legitimate business purposes such as maintenance, clean-up, preparation, record keeping, and similar purposes.
(C) Automobile wash establishment, either self-serve or automatic.
(1) 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. Such vehicle stacking space shall be equivalent to five times the wash capacity. Wash capacity shall be determined by dividing the length of the mechanical wash/dry machinery by 25 feet. No less than 12 stacking spaces shall be provided. For self-service establishments, each stall shall have at least two stacking spaces at the entrance to the wash. At least two stacking spaces shall be provided at the exits of both self-serve and automatic car washes.
(2) Vacuuming activities, if outdoors, shall be at least 300 feet from any residential use or district property line. Wash bays for self-service establishments shall be located at least 150 feet from any residential use or district property line.
(3) Should self-service wash bays be located with openings facing an adjacent street, they shall be screened and continuously maintained in good condition.
(4) Only one access driveway shall be permitted on any single street. Access driveways shall be located no less than 100 feet from street intersections rights-of-way lines or 75 feet from any driveway throat edge.
(5) Where adjoining residentially zoned or used property, a solid wall or fence, six feet in height shall be erected along any common lot line. Such fence or wall shall be continuously maintained in good condition.
(D) Banks, credit unions and savings and loans with drive-through facilities.
(1) 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. A minimum of three stacking spaces for each outdoor service station shall be provided. Stacking spaces shall be located so as not to interfere with vehicular circulation and egress from the property by vehicles not using the drive-through portion of the facility.
(2) Parking areas shall have side and rear yard setbacks of at least ten feet.
(3) Public access to the site shall be located at least 50 feet from any intersection as measured from the nearest right-of-way line to the nearest edge of said access.
(4) Where parking and maneuvering areas directly abut a residential district or use they shall be fenced and screened from view by a decorative fence or wall, or a landscaped equivalent.
(5) Outdoor speakers for the drive through facility shall be located in a way that minimizes sound transmission toward neighboring property and uses.
(E) Bed and breakfasts.
(1) The property and residence exterior shall be maintained in a manner compatible with the surrounding neighborhood.
(2) The facility shall be in compliance with all applicable state licensing requirements.
(3) Such uses shall only be established in a detached single family dwelling.
(4) Parking shall be located to minimize negative effects on adjacent properties.
(5) The total number of guest rooms in the establishment shall not exceed five.
(6) Exterior refuse storage facilities beyond what might normally be expected for a detached single family dwelling shall be screened from view on all sides by a six foot solid, decorative fence or wall.
(7) The establishment shall contain the principal residence of the operator.
(8) Accessory retail or service uses to a bed-and-breakfast establishment shall be prohibited, including but not limited to gift shops, antique shops, restaurants, bakeries, and other similar uses.
(9) Meals prepared for commercial use may only be served to overnight guests.
(F) Building material suppliers.
(1) Minimum lot area shall be one acre.
(2) Minimum lot width shall be 200 feet.
(3) The Planning Commission may require a six foot fence or wall to be constructed along the rear and/or sides of the lot to keep trash, paper, and other debris from blowing off the premises.
(4) The lot area used for parking, display or storage shall be a paved surface and shall be properly graded and drained so as to dispose of all surface water.
(G) Cemeteries.
(1) A cemetery is a privately or publicly owned property which provides perpetual care of grounds used solely for the interment of human beings or customary household pets.
(2) Cemeteries shall be established in compliance with Public Act 368 of 1978, as amended, M.C.L.A. 333.1101 et seq., Public Act 88 of 1875, as amended M.C.L.A. 128.111 et seq., and other applicable state laws.
(3) Minimum property size shall be ten acres.
(H) Churches, synagogues and other similar places of worship.
(1) Minimum lot width shall be 150 feet.
(2) For every foot of height by which the building, exclusive of spire, exceeds the maximum height limitation for the district, an additional (to the minimum setback) foot of front, side and rear yard setback shall be provided.
(3) Lighting shall be prevented from spilling onto adjacent residential uses.
(I) Commercial storage warehouses.
(1) Minimum lot area shall be two acres.
(2) An office for security personnel or operator may be permitted on the premises.
(3) Parking and circulation:
(a) One parking space shall be provided for each ten storage cubicles, and shall be equally distributed throughout the site. One additional parking space per 20 storage cubicles, up to a maximum of ten spaces, shall be located adjacent to the rental office for the use of customers.
(b) Two parking spaces shall also be required for the security or operator's office located on the premises.
(c) All driveways, parking, loading, storage, and vehicular circulation areas shall be paved.
(J) Composting centers.
(1) The applicant shall submit an impact assessment describing the expected odors, aesthetics, environmental impacts, vehicular and truck traffic impacts associated with the use, and any mitigation measures to be employed.
(2) The site plan shall clearly illustrate the layout of the composting operation, including: buildings, staging area, parking, on-site truck maneuvering (truck turning radii shall be illustrated), curing area, landscape buffers, sales area and fencing.
(3) Commercial composting operations shall be at least 500 feet from any residential district.
(4) The applicant shall describe procedures for managing stormwater runoff and preventing pollution of surface water bodies or groundwater.
(5) The applicant shall use acceptable methods for control of odors.
(6) A landscaped major buffer, as described in §§ 152.225 through 152.230 shall be provided on all sides adjacent to a residential district. A landscaped minor buffer zone shall be provided on all other sides unless specifically exempted by the Planning Commission in consideration of adjacent uses and topographic features.
(7) Access shall be provided solely on Class A truck routes.
(8) Any materials stored or used on the premises that are not being composted shall meet the standards of the outdoor storage yards in division (U) of this section.
(K) Day care, group homes.
(1) Off-street parking shall be provided for employees of the facility. Client pickup and drop off areas shall be located in a manner that vehicles do not stop in the travel lane of the adjacent roadway and vehicles are not required to back into the roadway.
(2) The property and residence exterior shall be maintained in a manner compatible with the surrounding neighborhood.
(3) There shall be provided, equipped and maintained, on the premises, a minimum of 150 square feet of usable outdoor recreation area for each client making up the licensed capacity of the facility.
(4) The outdoor recreation area shall be fenced and screened from any abutting residential district or use by a decorative fence or wall, or a landscaped equivalent.
(5) The applicant shall provide evidence of the ability to comply with all applicable state licensing requirements.
(L) Funeral home or mortuary.
(1) Minimum lot area shall be one acre with a minimum width of 150 feet.
(2) A well designed and landscaped off-street vehicle assembly area shall be provided to be used in support of funeral procession activity. This area shall not obstruct internal circulation within the required off-street parking area or its related maneuvering space.
(3) A caretaker's residence may be provided within the principal building.
(M) Government and community service facilities, emergency services, postal services, museums and libraries.
(1) Minimum lot size shall be one acre. The lot shall provide direct vehicular access to a public street.
(2) Ingress and egress shall be at least 50 feet from an intersection.
(3) Parking areas shall have a minimum front yard setback of 20 feet and side and rear yard setbacks of at least ten feet.
(4) All principal buildings or outdoor activity areas shall be set back at least 50 feet from any property line.
(N) Hospitals.
(1) The minimum lot area shall be at least two acres and have direct access to a collector street as defined by this chapter.
(2) The emergency entrance, delivery area, and the refuse disposal container area shall be obscured from the general view.
(3) No building shall be any closer than 75 feet to any property line or street right-of-way.
(4) Safe pedestrian movement shall be provided within the site and onto adjacent street sidewalks, including street crossings.
(O) Hotels and motels.
(1) Minimum floor area of each guest unit shall contain not less than 250 square feet.
(2) The minimum lot area shall be 25,000 square feet with a minimum width of 100 feet, provided that there shall be at least 500 square feet of lot for each lodging unit.
(3) The maximum lot coverage of all buildings, including accessory buildings shall not exceed more than 35% of the lot.
(4) All parking areas shall have direct access to a major street as defined by Public Act 51.
(P) Metal and wood stripping establishment.
(1) Minimum lot size shall be two acres.
(2) The lot location shall be such that at least one property line abuts a major street. The ingress and egress for all vehicles shall be directly from said thoroughfare.
(3) The main and accessory buildings shall be set back at least 75 feet from all property lines.
(4) Truck parking and staging areas shall be fenced and screened from the view of any abutting residential district or use by a decorative fence or wall, or a landscaped equivalent.
(Q) New and used vehicle or farm implement sales including incidental servicing and minor repair.
(1) Minimum lot area shall be one acre.
(2) Minimum lot width shall be 200 feet.
(3) The lot area used for parking shall be paved and the display or storage areas shall be provided with a permanent, durable, and dust controlled surface, and shall be graded and drained so as to dispose of all surface water.
(4) Ingress and egress shall be provided as far as practicable from two intersecting streets and shall be at least 100 feet from an intersection.
(R) Nurseries and greenhouses.
(1) The storage or materials display areas shall meet all the yard setback requirements applicable to any building in the district.
(2) All loading activities and parking areas shall be provided on the same premises (off-street).
(3) The storage of any soil, fertilizer, or similar loosely packaged materials shall be sufficiently contained to prevent any adverse effect upon adjacent properties.
(4) The lot area used for parking shall be hard-surfaced and the display or storage areas shall be provided with a permanent, durable, and dustless surface, and shall be graded and drained so as to dispose of all surface water.
(S) Open air businesses.
(1) The lot area used for parking, display, or storage shall be paved, graded and drained so as to dispose of all surface water.
(2) Access driveways shall be located no less than 100 feet from street intersections rights-of-way lines or 75 feet from any driveway throat edge.
(3) Lighting for parking and outdoor storage areas shall be shielded to prevent light from spilling onto any residential district or use property line.
(4) Any display materials or equipment stored or displayed outside of an enclosed building shall not extend into any required yard or occupy any required parking or maneuvering areas for vehicles.
(T) Outdoor storage yards.
(1) All outdoor storage shall only be located in the rear or side yard. If located in the side yard, landscape screening at least six feet tall shall be provided to obscure vision from the front yard. All outdoor storage areas shall be fenced with a six foot high chain link fence, screen wall, or equivalent per the requirements of § 152.226(F)(3) through (F)(8).
(2) All outdoor storage yards shall be provided with a hard surface. Asphalt or concrete is recommended, however, where practical other suitable materials, such as compacted limestone may be approved conditionally by the Planning Commission.
(3) Screening of outdoor storage yards shall be provided along all property lines in accordance with the requirements of the Landscape subchapter.
(4) Outdoor storage yards shall only be permitted in conjunction with a principal use on the property.
(5) All flammable or explosive liquids, solids, or gases shall be stored in a manner as required by law.
(6) All outdoor storage shall be maintained in a safe manner.
(U) Private clubs and lodges.
(1) No building shall be closer than 40 feet to any property line or street right-of-way.
(2) No commercial, for profit enterprise shall be permitted to operate on the premises, except that vending machines shall be permitted.
(V) Residential dwelling units, in the same building with commercial uses.
(1) No commercial uses, including storage, shall be located on the same floor of the building as the dwelling unit.
(2) Two on-site parking spaces shall be required for each dwelling unit.
(3) Principal access to dwelling units shall be from outside of the building.
(4) No dwelling unit shall be located on the ground floor of the building.
(W) Restaurants with drive through service.
(1) 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. A minimum of ten stacking spaces for the service ordering station shall be provided. Stacking spaces shall be located so as not to interfere with vehicular circulation and egress from the property by vehicles not using the drive-through portion of the facility.
(2) In addition to parking space requirements, at least three parking spaces shall be provided, in close proximity to the exit of the drive-through portion of the operation, to allow for customers waiting for delivery of orders.
(3) Parking areas shall have side and rear yard setbacks of at least ten feet.
(4) Public access to the site shall be located at least 50 feet from any intersection as measured from the nearest right-of-way line to the nearest edge of said access.
(5) The parking and maneuvering areas of the site shall be fenced and screened from the view of any abutting residential district or use by a decorative fence or wall, or a landscaped equivalent.
(6) Outdoor speakers for the drive through facility shall be located in a way that minimizes sound transmission toward neighboring property and uses.
(X) Shopping centers or shopping malls.
(1) The minimum lot area for a shopping center or mall shall be three acres.
(2) The site shall have a minimum of 300 feet of frontage on a collector street, as defined in this chapter.
(3) No building shall be located closer than 100 feet to a street right-of-way line.
(4) Shopping centers or malls shall be served by public sanitary sewer and water supply.
(5) Motor vehicle entrance and exit shall only be from a collector street as defined in this chapter.
(6) Pedestrian movement between buildings shall be designed without the need to cross drives or parking areas.
(7) No building within a shopping center or mall shall have a separate access to a street.
(8) Where possible, existing trees and other significant vegetation on the site shall be preserved. Greenbelts, buffer strips, and berms may be required.
(Y) State licensed residential care group facilities.
(1) The minimum lot area shall be at least one acre.
(2) The proposed site shall have direct access to a major street as defined by Act 51.
(3) No building shall be closer than 40 feet to any property line or street right-of-way.
(4) Off-street parking shall be provided for family members and employees of the facility. Client pickup and drop off areas shall be located in a manner that vehicles do not stop in the travel lane of the adjacent roadway and vehicles are not required to back into the roadway.
(5) The property and residence exterior shall be maintained in a manner compatible with the surrounding neighborhood.
(6) The facility shall be in compliance with all applicable state licensing requirements.
(Z) Truck terminals.
(1) Access driveways shall be located no less than 100 feet from the centerline of the intersection of any street or any other driveway.
(2) Trucks and trailers parked overnight shall be setback from the front lot line a minimum of 80 feet.
(3) The principal buildings and structures shall not be located within 150 feet from any residential district or use.
(4) The lot area used for parking, display, or storage shall be provided with a permanent, durable, and dustless surface, and shall be graded and drained so as to dispose of all surface water.
(5) Any vehicle or equipment stored outside of an enclosed building shall not extend into any required yard. Other than trailers, no other equipment may be stored or displayed in the front yard. (See definitions for difference between required front yard and the front yard).
(AA) Vehicle repair and service station.
(1) Parking or storage of inoperative vehicles shall be completely surrounded by an opaque fence of not less than six feet in height.
(2) A minimum lot frontage of 100 feet shall be required.
(3) In addition to the minimum lot area required by the zoning district in which the use is located, the minimum lot area shall be increased 500 square feet for each fuel pump unit in excess of four and 1,000 square feet for each service bay in excess of two, and 300 square feet for each parking space intended for the storage of inoperative vehicles.
(4) All buildings and accessory structures including gasoline pumps shall be setback at least 50 feet from any lot line or street right-of-way.
(5) All equipment including hydraulic hoist, pits, and oil lubrication, greasing and automobile washing, repairing equipment and body repair shall be entirely enclosed within a building. There shall be no outdoor storage of merchandise such as tires, lubricants and other accessory equipment.
(6) All activities, except those required to be performed at the fuel pump, shall be carried on within a building.
(7) There shall be no above ground tanks for the storage of gasoline, liquefied petroleum gas, oil or other flammable liquids or gases. In ground storage of flammable liquids shall be in non-metallic containers, pressure tested under the supervision of the Zoning Administrator or appointed designee and annually approved thereafter by the applicable state agency.
(BB) Veterinary hospital, clinic or indoor kennel.
(1) Outdoor areas in which animals are kept, such as runs, pens, and/or exercise areas shall not be located nearer than 100 feet to any residential district and shall not be located within any required yard.
(2) Outdoor runs, pens, and/or exercise areas that face residential districts shall be screened with a six foot high fence. Suitable shade, including some natural vegetation shall be provided around these outdoor areas.
(3) All indoor and outdoor hospital and clinic areas, runs, pens, and/or exercise areas shall be daily maintained, including the removal of animal waste.