The following standards are in addition to the requirements of Section 1296.01, Site Plan Review:
Note: The requirements noted in this section are in addition to, or, where in conflicts, supersede, those general requirements by zoning districts, as indicated in Section 1296.01, Site Plan Review. For all uses permitted after special approval, see the processing requirements in Section 1262.08, Special Approvals.
A. Adult Foster Care Group Homes
1. The site shall be evaluated for the degree of potential residential and commercial use conflicts.
2. No foster care group home shall be located closer than one thousand five hundred (1,500) feet to any other foster care group home or foster care family home, measured from the nearest wall of each such structure.
3. No additional facility shall be approved which would contribute to an excessive concentration of foster care group homes within a neighborhood.
B. Automobile and Other Vehicle Wash Establishments
1. A minimum front yard setback of twenty (20) feet shall be required for all structures.
2. Required off-street parking and vehicle waiting areas shall be provided in accordance with Chapter 1290, Off-Street Parking and Loading.
C. Automotive Fueling and Service Stations
1. See Section 1294.14, Automotive Service Stations, Repair Centers and Public Garages, for detailed regulations.
D. Automotive Repair Centers
1. See Section 1294.14, Automotive Service Stations, Repair Centers and Public Garages, for detailed regulations.
E. Bed and Breakfast Inns, Boarding Houses, Rooming Houses, and Lodging Houses
1. The site shall be evaluated for the degree of potential residential and commercial use conflicts.
2. Parking areas shall be located off-street and shall not be located in any required front yard.
3. Meals or other services provided on the premises shall only be available to residents, employees and overnight guests of the establishment.
4. The dwelling unit in which the establishment is located shall be the principal residence of the operator, and such operator shall live on the premises while the establishment is active.
F. Breweries, Distilleries, Canning Factories, Chemical Plants
1. The site shall be evaluated for consideration of potential odor and pollution nuisances.
G. Cemeteries
1. Sites shall have a minimum lot area of ten (10) acres.
2. All structures must be a minimum fifty (50) feet from any lot line.
3. The site must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare.
H. Churches
1. Sites shall have a minimum lot area of one (1) acre.
2. The minimum lot width shall be one hundred fifty (150) foot, and the minimum side and rear yards shall be twenty-five (25) feet.
3. Screening meeting the requirements of Section 1294.28, Screening, shall be provided along the sides of the parking area adjacent to a residential district.
4. The site must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare.
5. No off-street parking is allowed in any required front yard.
I. Cocktail Lounges and Night Clubs
1. Uses are not permitted within five hundred (500) feet of any church or school.
J. Commercial Green-houses, Nurseries and Garden Centers Exceeding One Thousand (1,000) Square Feet
1. Sites shall have a minimum lot area of one (1) acre.
2. All structures must be a minimum of forty (40) feet from all lot lines.
3. The storage or materials display areas shall meet all the yard setback requirements applicable to any building in the district.
4. All loading activities and parking areas shall be provided on the same premises off-street.
5. The storage of any soil, fertilizer, or similar loosely packaged materials shall be sufficiently contained to prevent any adverse effect upon adjacent properties.
K. Commercial Outdoor Recreation Establishments (Excluding Golf-related Uses)
1. Sites must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare.
2. No building or spectator seating facility shall be located within fifty (50) feet of a property line.
3. The site shall be periodically cleared of debris so that litter does not accumulate on adjacent properties.
4. Provisions shall be taken to insure that excessive dust, noise, traffic, lighting glare, and trespassing are not inflicted on adjacent properties.
L. Convalescent or Nursing Homes, Housing for the Elderly
1. The site shall be evaluated for the degree of potential residential and commercial use conflicts.
2. The allowable density of the underlying zoning district may be increased by no more than 50% for all nursing care units licensed by the State of Michigan, or 25% for non-licensed nursing care and supportive care units.
3. All dwelling units shall have a minimum of four hundred fifty (450) square feet per unit.
4. Retail and service uses may be permitted on the site if such uses are accessory to the elderly housing use. All such uses shall be within the principal residential building. No exterior signs of any type are permitted for these accessory uses.
5. All medical waste facilities shall be secured and meet the requirements of the Public Health Department of the State of Michigan.
6. Walkways shall be provided from the main building entrance(s) to any sidewalks along the adjacent public street.
M. Drive-in or Drive-through Establishments
1. Sites must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare.
2. See Section 1294.16, Drive-in and Drive-through Establishments, for further design standards.
N. Essential Public Service Buildings and Structures, Pubic Utility Buildings, Telephone Exchange Buildings, Electric Transformer Stations and Substations, Gas Regulator Stations
1. Screening requirements are subject to Council approval based on analysis of potential effect on surrounding properties.
2. No storage yards are permitted in residential districts.
3. Applications must provide evidence of the necessity for the proposed location.
4. Electric or gas regulator equipment and apparatus shall be set back a minimum of thirty (30) feet from all lot lines.
O. Funeral Homes
1. Sites shall have a minimum lot area one (1) acre and minimum lot width of one hundred fifty (150) feet.
2. An off-street vehicle assembly area shall be provided to be used in support of funeral processions and activities. This area shall be in addition to the required off-street parking and its related maneuvering area.
P. Golf Courses ("Par-three" Courses)
1. Minimum lot size shall be forty (40) acres.
2. The principal and accessory buildings, including maintenance sheds, shall be set back at least seventy-five feet (75) from all property and street lines.
3. Accessory buildings, structures and storage areas shall be screened on all sides from adjacent residential areas and public street rights-of-way.
4. Operational hours for maintenance vehicles, course maintenance and/or irrigation may be restricted to protect nearby residential districts.
Q. Home Based Businesses
1. See Section 1294.39, Home-based Businesses, for detailed regulations.
R. Hospitals
1. Sites shall have a minimum lot area of two (2) acres.
2. Front, side and rear yard minimum setbacks shall be fifty (50) feet.
3. The maximum height of a hospital structure shall not exceed five (5) stories or sixty (60) feet.
4. Parking setbacks shall be forty (40) feet in the front yard, and twenty (20) feet for side and rear yards.
5. All structures to be a minimum of one hundred (100) feet from any lot lines of adjacent residentially zoned districts.
6. Ambulance and delivery areas shall be obscured from all residential property view with screening meeting the requirements of Section 1294.28, Screening.
7. Site must abut a principal regional thoroughfare, with all ingress and egress directly to such thoroughfare.
8. Auxiliary uses, such as a pharmacy, gift shop, cafeteria and similar customary hospital related uses shall be allowed.
9. Parking for professional and outpatient buildings, or sections of a hospital building, shall be calculated as separated uses. Only one-half (1/2) the total number of parking spaces within gated or restricted physician parking lots shall be included in parking calculations.
10. Hospitals shall be constructed, maintained, and operated in conformance with applicable State and Federal laws, including provisions of the Michigan Hospital Survey and Construction Act, Public Act 299 of 1947, as amended.
S. Junkyards and Scrap Yards
1. Sites shall have a minimum lot area of ten (10) acres.
2. A fifty (50) foot wide buffer strip as defined in Section 1296.03, Landscaping Standards, shall adjoin all property lines.
3. A solid, ornamental masonry wall meeting the requirements of Section 1294.28, Screening, shall be required at interior boundaries of buffer strip.
4. Junk and scrap materials may not be stacked higher than the height of the screening wall.
5. Vehicles or vehicle bodies shall be stored in rows with a minimum of twenty (20) foot continuous loop drives separating each row of vehicles.
6. Vehicle parts shall not be stored, loaded, unloaded, or dismantled outside the wall enclosing the salvage yard.
7. No vehicle, vehicle bodies, or other materials shall be stored in a manner as to be visible from any residence, business, or street from a height at the top of the wall enclosing the yard.
8. All batteries shall be removed from any vehicle, and all radiator and fuel tanks shall be drained prior to the vehicle being placed in the storage yard. Salvaged batteries, oil and other such substances shall be removed by a licensed disposal company or be stored in a manner which prevents leakage of battery fluid. No fluids removed from vehicles shall be applied as a dust control method.
9. The front obscuring wall shall be set back the same distance as a building in the General Industrial District (GID), and all such walls shall be set back a minimum of five hundred (500) feet from any residential use or district.
10. In order to protect surrounding areas, the crushing of vehicles or any part thereof shall be limited to daylight hours, provided that such activities shall not be conducted on Sundays or Federally recognized holidays.
11. The Planning Commission may impose other conditions which have a reasonable relationship to the health, safety and general welfare of the City. These conditions can include a provision for an annual inspection by the Building Superintendent to ensure continuing compliance with the above standards.
T. Kennels
1. Sites shall have a minimum lot area of two (2) acres.
2. All outdoor runs or breeding areas to be enclosed on all sides screening meeting the requirements of Section 1294.28, Screening, and located at least ten (10) feet from any property line.
3. Building wherein dogs are kept, dog runs, and/or exercise areas shall not be located nearer than one hundred (100) feet to an adjacent occupied dwelling or any adjacent building used by the public, and shall not be located in any required front, rear or side yard setback area.
4. Such facilities shall be subject to other conditions and requirements necessary to ensure against the occurrence of any possible nuisance such as fencing, soundproofing, or sanitary requirements.
U. Mechanical Amusement Device Arcades, Pinball Parlors, or Pool Halls
1. Sites are not permitted within five hundred (500) feet of any church or school.
V. Mining, Excavating or Other Removal of Sand, Earth, Minerals, Etc.
1. All structures and machinery shall be a minimum of one hundred (100) feet from all property lines and two hundred (200) feet from any residential districts.
2. Submission of a screening plan is required, except for topsoil removal.
3. The applicant shall submit a written statement describing: an indication of the proposed use of the property following the extraction; an approved reclamation plan; documentation that demonstrates to the satisfaction of the City that activities will not produce any serious consequences which will adversely affect the natural topography, drainage patterns, water bodies, floodplains, street conditions, nearby property values or use of adjacent land.
4. Creation of a lake or pond shall only be permitted where the applicant can demonstrate using engineering and hydrological studies that the water can be maintained in a non-polluted condition, and that the applicant meets any requirements of the State of Michigan.
5. Truck routing shall be restricted to those streets designed to accommodate truck traffic on a year-round basis.
6. A reclamation plan shall be provided indicating final grades which are level with surrounding grades and not in excess of 5% unless demonstrably necessary for the proposed reclamation land use. No topsoil shall be removed from the site; topsoil shall be redistributed properly upon completion of the extractive activities, or phase thereof.
7. The site shall be enclosed with a six (6) foot security fence with a locking access gate. Such fences shall be placed no closer than fifty (50) feet to the top or bottom of any slope.
8. No slope shall exceed an angle with the horizontal of forty-five (45) degrees.
9. No building or structure shall be erected on the site, except as may be permitted in that zoning district or if approved as a temporary structure for machinery or field office.
10. Proper measures shall be utilized to minimize the nuisance of noise and dust or airborne materials, as determined by the Building Superintendent, and may include requirements on stockpiling size and/or covering of stockpiles.
W. Nursery Schools, Day Nurseries, and Child Care Centers
1. An outdoor play area shall be required of one hundred (100) square feet per child cared for, with a total minimum area of one thousand five hundred (1,500) square feet.
2. An on-site drive shall be provided for drop-off/pick-ups. This drive shall be arranged to allow maneuvers without affecting traffic flow on the public street.
X. Open Air Business Uses (See definition in Section 1260.08, Rules of Construction; Definitions)
1. Sites shall be visually screened from all adjoining residential and commercial properties by screening meeting the requirements of Section 1292.28, Screening.
2. Sites shall meet any required screening standards required by this Zoning Code.
3. No exterior lighting shall cause a driving hazard on abutting street, nor be exposed to any adjacent residentially zoned property.
4. A five (5) foot fence or wall shall be constructed along the rear and sides of the lot, capable of keeping trash, paper, and other debris from blowing off the premises, except as provided otherwise in this Zoning Code.
5. 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.
Y. Open Storage Yards of Buildings and Construction Contractors, Landscaping Contractors, and Lumber Yards
1. Sites shall be visually screened from all adjoining residential and commercial properties by solid, ornamental masonry wall at least eighty (80) feet in length and six (6) feet in height.
2. Any storage or display area shall comply with the minimum setback requirements for the district in which the facility is located and no storage or outside display shall be permitted within any front yard.
3. Any outside storage area shall be paved or surfaced with hard surface material and shall include a storm water drainage system.
4. Heavy construction equipment such as bulldozers and front-loaders shall not be stored or used on the site. The size of such equipment shall be limited to a one (1) yard bucket.
5. The storage of soil, fertilizer and similar loosely packaged materials shall be contained and covered to prevent it from blowing into adjacent properties.
6. All stored materials including loosely packaged materials shall not be piled or stacked higher than the height of the obscuring screen within an area of twenty (20) feet from the obscuring screen. Any obscuring screen shall not exceed six (6) feet in height.
Z. Outdoor Cafés, Outdoor Eating Areas, Carry-out, and Open Front Restaurants.
1. A minimum of five (5) feet of sidewalk along the curb and leading to the entrance to the establishment must be maintained free of tables and other encumbrances. If the sidewalk is not wide enough to allow for a five (5) foot wide clearance for circulation, the outdoor café should not be permitted. Planters, posts with ropes, or other removable enclosures should be encouraged and should be used to define the area occupied by the outdoor café.
2. Pedestrian circulation and access to building entrances should not be impaired. A boundary (maximum encroachment width and length) into the public sidewalk should be established with an accessible aisle being maintained between this line and the curb, in accordance with the provisions of all State and Federal regulations.
3. The outdoor café must be kept clean, litter-free, and with a well-kept appearance within and immediately adjacent to the area of the tables and chairs. Additional outdoor waste receptacles may be required. Written procedures for cleaning and waste containment and removal responsibilities must be included with all applications and approved by the Planning Commission.
4. Tables, chairs, planters, waste receptacles, and other elements of street furniture should be compatible with the architectural character of the adjacent buildings. If table umbrellas will be used, they should compliment building colors.
5. Additional signs are not permitted beyond those permitted for the existing restaurant.
6. The hours of operation for the outdoor café should be established and noted with the application.
7. Preparation of food and beverages may be prohibited in the outdoor café.
8. Liability issues for use of the public sidewalk should be addressed and reviewed by the City Attorney.
AA. Outdoor Theaters
1. All sites to have a minimum lot area of ten (10) acres and all structures shall be a minimum of one hundred (100) feet from all lot lines.
2. Screens may not face a principal or regional thoroughfare.
3. Entire sites shall be fenced.
4. Sites must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare.
5. No viewing areas shall be located closer than forty (40) feet to any lot line.
BB. Private Parks, Country Clubs, Golf Courses and Golf Driving Ranges
1. Sites shall a minimum lot area of five (5) acres.
2. All structures shall be a minimum of one hundred (100) feet from adjacent residentially zoned districts.
3. Sites must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare.
4. Whenever any such use abuts a residential district, a transition strip at least one hundred (100) feet in width shall be provided between all operations, buildings and structures, including fences, and the residential property. Grass, plant materials, and structural screens of a type in accordance with Section 1296.03, Landscaping Standards, shall be placed within the transition strip.
5. A minimum yard of one hundred (100) feet shall separate all buildings, uses, operations, and structures permitted herein, including fences, from any public street or highway used for access or exit purposes. This yard shall be landscaped in accordance with Section 1296.03, Landscaping Standards.
CC. Radio and Television Towers
1. Sites shall have a minimum lot area of ten thousand (10,000) square feet.
2. Towers shall be located at a distance from each lot line equivalent to or greater than the height of the tower.
DD. Recreation Vehicle Storage Yards
1. Sites shall have a minimum lot area of one (1) acre.
2. Storage areas to be enclosed by a cyclone fence five (5) feet in height. Additional height may be permitted for barb wire cradling.
EE. Regional Shopping Centers
1. Sites must abut a principal or regional thoroughfare, with all ingress and egress directly to such thoroughfare.
2. The design shall ensure that vehicular circulation patterns are appropriately designed and regulated to eliminate potential conflicts between traffic generated by the center, and traffic on adjacent streets and thoroughfares.
3. Internal circulation shall be designed such that no intersection includes more than four (4) aisles or drives.
4. Site entrances shall be restricted to three-way movements, with unrestricted inbound movements.
5. Internal drives defined by the ends of aisles shall have raised curbed islands at appropriate locations to define circulation paths and control movements through the parking lot.
6. Loading facilities which serve the commercial establishment in the principal building shall be screened from public view.
7. Any outlots shall have circulation and parking designed to complement the remainder of the site.
FF. Retail and Service Uses Located Within High-rise Multiple-family Structures
1. Uses, parking and signs shall be sized, designed and located to be in harmony with the character and quality of the multiple-family development. See Section 1270.03, Uses Permitted After Special Approval.
GG. Self-storage Warehouses
1. The minimum lot area shall be three (3) acres.
2. The minimum building and parking setback shall be fifty (50) feet from any public street right-of-way line, fifty (50) feet setback from any residential district and twenty- five (25) feet from any nonresidential zoning district.
3. The front yard and any side yards adjacent to residential districts shall include screening and landscaping in accordance with the requirements of this Zoning Code.
4. All storage shall be completely within enclosed buildings or structures.
5. A structure for a resident manager may be allowed on the site.
6. The use shall be limited to storage only.
HH. Schools, Primary and Secondary Public Schools, Commercial Schools and Colleges
1. All play areas adjacent to a residential district must be fenced.
2. Bus and automobile drop-off and pickup drives shall be separate from, and not conflict with, through travel lanes of any street.
II. Temporary Buildings for Use Incidental to Construction Work
1. Such uses are allowed for a period not to exceed one (1) year.
JJ. Veterinary Clinics and Hospitals
1. Outdoor exercising is allowed when the pet is accompanied by an employee provided no animals shall be permitted outside of the buildings between 8:00 p.m. and 7:00 a.m.
2. All boarding shall be limited to that incidental to treatment or surgery unless the use has also been approved as a kennel.
3. Outdoor enclosures or runs visible to adjacent residential districts shall be screened with screening meeting the requirements of Section 1292.28, Screening.
KK. Wireless Communication Facilities
1. See Section 1294.35, Wireless Communication Facilities; Antennae, Towers, and Satellite Dish Antennae, for detailed standards.
LL. Indoor Flea Markets.
1. The indoor flea market operator maintains a complete and accurate file of the current and valid licenses issued to each of the flea market vendors conducting business at that location.
2. The applicant shall specify the days and hours of operation.
3. The use and all vendors shall comply with the provisions of the Lincoln Park Code of Ordinances Chapter 870, Secondhand Dealers.
4. No merchandise shall be stored, displayed, or sold outside of a building.
5. Outdoor storage or parking of vehicles shall be prohibited between 10:00 p.m. and 7:00 a.m. of the following day.
(Res. 2012-259A. Passed 8-20-12, effective 9-5-12.)
MM. Antique malls.
1. The business is under the unified control and supervision of one licensed person, partnership, firm or corporation referred to as the antique mall operator.
2. The antique mall operator maintains a complete and accurate file of the current and valid licenses issued to each of the antique mall dealers conducting business at that location.
3. The applicant shall specify the days and hours of operation.
4. The use and all vendors shall comply with the provisions of the Lincoln Park Code of Ordinances.
5. No merchandise shall be stored, displayed, or sold outside of a building.
6. Outdoor storage or parking of vehicles shall be prohibited between 10:00 p.m. and 7:00 a.m. of the following day.
NN. Pawn shops.
1. A 1,000 foot separation shall be maintained at all times between pawn shop use and existing pawn shop. Measurement of the one-thousand (1,000) foot radius shall be made from the outermost boundaries of the lot or parcel upon which the proposed pawn shop use will be situated.
2. No pawn shop use shall be permitted within a five hundred (500) foot radius of a residential district.
3. The applicant shall specify the days and hours of operation.
4. No merchandise shall be stored, displayed, or sold outside of the building.
5. Pawn shops shall comply with all other applicable federal, state and local laws, regulations, and licenses.
OO. Body Art Facilities
1. No body art facility shall be permitted within one thousand (1,000) feet of another body art facility.
PP. Marihuana Establishments
1. All establishments and facilities shall operate in compliance with the Michigan Department of Community Health, the MRTMA, the MMMA, and all administrative rules and regulations in the Ordinance Chapter 853 Marihuana Licenses.
2. A minimum setback of two hundred (200) feet shall separate a marihuana establishment from all public or private schools providing education for kindergarten through 12th grade.
3. There shall be no other accessory uses permitted within the same building, other than those clearly necessary for continued operation, such as offices, employee facilities, and storage.
4. The marihuana business shall comply with all performance standards as set forth in Section 1294.31 of this Zoning Code. Such compliance shall specifically include adequate facilities for ventilation and odor control.
5. The location from which a primary caregiver manufactures, stores, and distributes medical marihuana to a qualifying patient shall not be used by another primary caregiver for any purpose whatsoever.
6. Except for marihuana retail establishments and provisioning establishments, dispensing of marihuana is prohibited.
7. Temporary outdoor marihuana special events are prohibited.
8. All activity related to marihuana businesses shall be conducted indoors.
9. No outdoor storage shall be allowed.
10. Waste receptacles that are outdoors must be enclosed, and locked at all times when not in use.
11. Loading zones for any marihuana business shall not be visible to the public. Loading zones shall be either fully or partially enclosed. Loading zones shall be any of the following: an area indoors that meets the loading zones size requirements, an area enclosed by two or more walls, a vehicle bay, or garage, or any other configuration that blocks the transfer of goods from vehicle to facility. All products shall be transferred directly from the vehicles into the establishment. Should a vehicle have to maneuver to enter the loading zone, it is subject to parking lot requirements in 1290.08.
12. A marihuana establishment may not allow cultivation, processing, sale, or display of marihuana or marihuana accessories to be visible from a public place outside of the marihuana establishment without the use of binoculars, aircraft, or other optical aids.
13. Provisioning centers and retail facilities shall be open to the public no earlier than 9:00 a.m. and shall close no later than 10:00 p.m.
14. If a building with windows is utilized as a marihuana grower facility, any lighting methods shall not exceed the foot candles permitted for the exterior of the building between the hours of 11:00 p.m. and 7:00 a.m.
15. A roof on a marihuana grower facility may consist of a sturdy transparent material, such as glass, approved by the Building Superintendent, to allow for sunlight into the growing area of the building. If such transparent material is utilized, it must be fully covered with a non-transparent material between dusk and dawn that prevents interior lighting from escaping through the roof.
16. The portion of the structure where the storage of any chemicals such as herbicides, pesticides, and fertilizers shall be subject to inspection and approval by the Lincoln Park Fire Department to ensure compliance with the Michigan Fire Protection Code.
17. Exterior lighting shall be required for security purposes, and shall be implemented in accordance with the provisions of the Zoning Ordinance.
18. If a marihuana business ceases operation for a length of time of one hundred twenty (120) days or greater, any Special Use permit shall expire. (Res. 2020-320A. Passed 10- 19-20. Eff. 11-4-20.)
QQ. E-Commerce establishments
1. Between ten (10%) and twenty-five percent (25%) of gross floor area shall be dedicated to customer facing retail. The Planning Commission shall have discretion in determining the required percentage depending on the proposed goods to be warehoused, distributed, and/or retailed.
2. A plan for shipments shall be required.
3. Pick-up and delivery trucks shall be limited to 26 feet in length.
4. No semi tractor-trailer trucks shall be permitted for pick-up and delivery. (Res. 2022-146A. Passed 5-16-22. Eff. 6-1-22.)
(Res. 98-340A. Passed 9-21-98; Res. 08-383A. Passed 12-15-08; Res. 2012-223A. Passed 7-16-12. Eff. 8-1-12; Res. 2012-259A. Passed 8-20-12. Eff. 9-5-12; Res. 2016-13A. Passed 2-1-16. Eff. 3-2-16; Res. 2018-99A. Passed 4-16-18. Eff. 5-2-18; Res. 2022-167A. Passed 6-20-22, Eff. 7-6-22.)