(A) General standards. The following general standards shall be applied by the Commission to all special land use requests:
(1) The proposed special land use shall be of such location, size, and character that it shall be in harmony with the appropriate and orderly development of the surrounding neighborhood and vicinity and applicable regulations of the zoning district (including but not limited to any applicable performance standards) in which it is to be located.
(2) The proposed use shall be of a nature that shall make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular turning movements in relations to routes of traffic flow, proximity and relationship to intersections, adequacy of sight distances, location and access of off-street parking, and provisions for pedestrian traffic, with particular attention to minimizing child-vehicle interfacing.
(3) The proposed use shall be designed as to the location, size, intensity, site layout, and periods of operation of any such proposed use to eliminate any possible nuisance emanating therefrom which might be noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke, or lights.
(4) The proposed use shall be such that the proposed location and height of buildings or structures and location, nature, and height of walls, fences, and landscaping shall not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.
(5) The proposed use shall relate harmoniously with the physical and economic aspects of adjacent land uses.
(6) The proposed use offers a service or benefit for the public convenience at the proposed location.
(7) The proposed use is so designed, located, planned, and to be operated that the public health, safety, and welfare shall be protected.
(8) The proposed use shall not be detrimental or injurious to the neighborhood within which it is to be located, nor shall such use operate as a deterrent to future land uses permitted within the zoning district, and shall be in harmony with the general purpose and intent of this chapter.
(9) Consideration will be given to the hours of operation of the proposed use. Approval of a special land use may be conditioned upon operation within specified hours considered appropriate to ensure minimal impact on surrounding uses.
(10) Consideration will be given to compatibility with the Master Plan. The proposed special land use shall be consistent with the general principles and objectives of the adopted Hamtramck Master Plan.
(11) Consideration will be given to public services. The proposed use shall not exceed the capacity of existing and available public services, including, but not limited to, utilities, public roads, and police and fire services. Provision of stormwater management or green infrastructure on-site over and above the specific requirements of this chapter may be required as a condition of a special use approval.
(B) Eligible uses and activities. The following additional standards shall be applied by the Commission to uses if authorized as a special land use in a district:
(1) Commercial zones. Light manufacturing uses shall not be directly adjacent to a residential use in a C2 District.
(2) Industrial Zone. Towers in the I District shall be setback from the nearest building not associated with the tower directly, one foot for every one foot in height of the tower.
(3) Residential zones (R and/or RM).
(a) Bars with a Class C liquor license without a dance/entertainment permit shall be permitted in the R District if such bar is not less than 800 feet away from public owned and operated parks; recreation centers; swimming pools; playgrounds; public governmental services such as administrative facilities; police and fire stations; libraries; schools and colleges; parochial, private, or charter elementary, junior high, and high schools; religious, cultural, and fraternal activities; congregate residences; and state licensed residential facilities, and any other establishment holding Class C liquor licenses.
(b) Boarding houses in R Districts shall be permitted if there is one on-site parking location per each rented unit and that a boarding house shall have no more than four rented units.
(c) “Commercial, light” in the R District shall exclude overnight stay, 24-hour emergency and 24-hour urgent care facilities.
(d) Commercial uses in R may be permitted if the gross floor area does not exceed 3,000 square feet.
(e) “Commercial retail sales establishment, food” in R shall not sell liquor or have a SDM liquor license.
(f) Family and group day care centers and state licensed residential facilities shall be permitted if there are no dormitory facilities on the premises, the outdoor play area is fenced in or screened by a heavily planted greenbelt from any abutting residential use, and that for each child cared for, there shall be provided, equipped, and maintained on the premises a minimum of 150 square feet of useable outdoor play area with a minimum total area of 1,500 square feet per facility; such facility shall be no closer than 1,000 feet from a similar facility.
(g) Mortuary and funeral homes in the R District shall be permitted if it is within 500 feet of a religious institution.
(h) “Motels, hotels” in R shall be limited to eight rooms.
(i) Townhouses in a residential district shall not be required to have front or side yard setbacks, and townhouses shall not be bordered on each end by single- or two-family dwellings.
(4) Other/general.
(a) Automotive self-service stations shall be permitted if the combined number of automotive self-service stations and automotive service stations within the city does not exceed five, and the use shall be on a lot that had a legal automotive self-service or service station within the year previous to its future use. Automotive self-service stations shall not abut a residential use.
(b) Automotive service stations shall be permitted if the combined number of automotive- self service stations and automotive service stations within the city does not exceed five, and the use shall be on a lot that had a legal automotive self-service or service station within the year previous to its future use. Automotive service stations shall not abut a residential use.
(c) Open storage yards of construction contractor’s equipment and supplies, building materials, sand, gravel, or lumber shall be permitted, if such use is located not less than 200 feet from any R or RM District.
(d) Parking lots cannot abut more than one residential use; cannot be greater than 64 feet wide, and no two parking lots may abut each other. Parking lots shall manage the first inch of stormwater on site.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021; Am. Ord. —, passed 3-8-2022)