§ 154.076 RETAIL AND SERVICES.
   (A)   Drive-in or drive-through businesses shall be designed in a manner which promotes pedestrian and vehicular safety and subject to the following conditions.
      (1)   The minimum lot area shall be 15,000 square feet.
      (2)   The lot shall be located on a major street.
      (3)   A use with an accessory drive-through window shall not be located within 300 feet of another use with a drive-through window or an auto service use. This requirement does not apply to automobile service stations or a drive-through service accessory to a bank, loan or financial office in the Union Street Gateway District.
      (4)   Access to the site shall be provided as follows.
         (a)   Ingress and egress shall be provided from a major street, and all local traffic movement shall be accommodated within the site so that entering and exiting vehicles will make normal and uncomplicated movements into or out of the public thoroughfare.
         (b)   All ingress and egress points shall be located not closer than 150 feet from the intersection of any two streets or highways.
         (c)   No driveway shall be located nearer than 30 feet, as measured along the property line, to any other driveway providing access to or from the drive-in business.
         (d)   All driveways providing ingress or egress to a drive-in business shall be not more than 30 feet wide at the property line.
         (e)   No ingress or egress shall be so arranged that vehicles can enter or leave the area only by backing on or across any sidewalk or back into any street.
      (5)   Drive-through stacking space shall be provided as follows.
         (a)   Each stacking lane shall be one-way, and each stacking lane space shall be a minimum of ten feet in width and 20 feet in length.
         (b)   There shall be a minimum of four stacking spaces per drive-through lane.
         (c)   If proposed, an escape lane shall be a minimum of 12 feet in width to allow other vehicles to pass those waiting to be served. In no case shall stacking lanes block access to the parking lot or a driveway exit.
         (d)   All stacking lanes must be clearly delineated through the use of striping, landscaping, curbing and/or signage.
      (6)   The parking and traffic circulation plan for the lot shall be submitted to the Village Street Administrator for review, and sufficient measures shall be taken to provide for one-way traffic flow where recommended.
      (7)   Where the lot abuts a residential district, a buffer strip shall be provided in accordance with the applicable district in the form-based code regulations.
      (8)   All waste disposal areas, including containers, shall be screened with an obscuring wood or masonry wall from abutting residential properties and public streets.
      (9)   All such uses must be shown to have received appropriate approvals by the County Health Department.
      (10)   Drive-in theaters shall be enclosed for their full periphery with a solid screen fence at least six feet in height. Fences shall be of sound construction, painted or otherwise finished neatly and inconspicuously.
      (11)   All fenced-in areas shall be set back at least 100 feet from any front street or property line.
   (B)   Building supplies sales, lumber yards, garden and lawn supply stores and other similar retail uses with outdoor storage, machinery sales, farm or industrial and feed and fertilizer sales and storage shall be subject to the following conditions.
      (1)   A five-foot tall ornamental fence or wall shall be constructed along the rear and sides of the lot, capable of keeping debris from blowing off the premises.
      (2)   Storage areas shall be hard-surfaced or constructed of a substitute acceptable to the Planning Commission, except the Planning Commission may allow a gravel surface where dust control measures are utilized.
      (3)   Storage or materials display areas shall meet all the yard setback requirements applicable to buildings in the district.
      (4)   No banners, pennants, flags, streamers or other attention-getting devices shall be permitted.
      (5)   Outdoor speakers shall be prohibited.
   (C)   Kennels shall be subject to the following conditions.
      (1)   The applicant will demonstrate that the kennel complies with the Animal Control and Protection Ordinance, County of Jackson, Michigan, Ord. No. 1.
      (2)   The applicant will submit a signed statement acknowledging receipt, and understanding of, a copy of Ch. 90 (Animals) and Ch. 91 (General Nuisances) of this code.
(Ord. passed 7-17-2018 , § 4.7.2) Penalty, see § 154.999