Special land uses listed in this section shall satisfy the supplementary standards found in this section in addition to the general standards found in section 94-191. The following are the listed special uses subject to this section:
(1) Planned residential developments (PRD).
b. Permitted uses. Only the following uses may be permitted in a PRD:
1. All uses permitted by right in the district in which the PRD is proposed.
2. Any additional uses which can be shown to be compatible with the general objectives of the Master Plan as well as integral to the specific PRD scheme in which they are contained. For the purpose of this section, an integral use shall be defined as a use which has a specific functional relationship with other uses contained in the development, such as a day care center which serves primarily the needs of residents of the development.
c. Site development standards and deviations. All proposed individual land uses and facilities in a PRD shall be in conformance with the standards of the district in which the PRD is proposed and any other applicable sections of this code, including such standards pertaining to lot area and dimensions, density, lot coverage, setbacks, building height, parking, loading, landscaping and screening, road widths, and similar requirements, except that the planning commission may permit deviations from such standards where such deviations will result in a higher quality of development than would be possible without the deviations.
1. Any deviation from applicable standards affecting density shall not result in an increase in density in excess of 30% of the density allowed in the district in which the PRD is proposed.
2. Except where a deviation is granted, mixed uses shall comply with the regulations applicable for each individual use, including applicable standards for special uses contained in Article VI of this chapter. If regulations are inconsistent with each other, the regulations applicable to the most dominant use shall apply.
3. Deviation from development standards may be authorized only upon a finding by the planning commission that said deviation will encourage creative design including the enhancement of open space and the protection of natural features, and that there are adequate features or planning mechanisms designed into the project to achieve the objectives intended to be accomplished with respect to each of the standards from which a deviation is sought.
d. Minimum eligibility criteria. A PRD shall satisfy the minimum eligibility criteria for a PUD as provided by section 94-161(g) insofar as such criteria are consistent with this section.
e. Phasing. A PRD may be constructed in phases in the manner described for a PUD as provided by section 94-161(I) insofar as such phasing is consistent with this section.
(2) Auto service station. Location and special needs for auto service stations require careful planning to properly integrate this type of use into the pattern of other commercial and retail activities and special consideration, therefore, must be given to location, site, layout, use and storage facilities, traffic safety and compatibility with surrounding uses. The following are minimum requirements:
a. Site size of 20,000 square feet with a minimum width of 150 feet of frontage on a major street.
b. Buildings shall be set back 50 feet from all street right-of-way lines and shall not be less than 25 feet from a property line of a residentially used lot. Structures, except signs and buildings, shall be no closer than 15 feet to the street right-of-way line.
c. All activities connected with auto service, except sale of gasoline and associated products, shall be carried on within the building. Outdoor storage of wrecked or partially dismantled vehicles is prohibited.
d. No more than two driveway approaches shall be permitted directly from any major street nor more than one drive approach from any minor street, each of which shall not exceed 30 feet in width at the property line. If the property fronts on two or more streets, the driveway shall be located as far from the street intersection as practicable, but not less than 30 feet measured from the intersecting corner lot lines. All parking areas shall be constructed from hard-surface materials together with curb, gutter, and sidewalks as exist in the area.
e. An opaque fence or wall six feet in height shall be erected along all property lines abutting residentially used lots.
f. Lighting shall be deflected away from adjacent residential properties.
(3) Junk and salvage yards. Dealers in junk or salvage shall maintain such records of operation as required by the laws of the State of Michigan and satisfy the requirements of this section and any other applicable parts of this chapter.
a. No junk or salvage operation shall be located on the same lot as a residential use.
b. All junk or salvage material shall be stored in a building constructed specifically for that purpose, provided however, that junk automobiles, farm machinery, or recreational vehicles, and parts thereof, stored for the purpose of dismantling may be stored on an outdoor lot. Such a lot shall have an opaque fence or wall eight feet in height which encloses the view of said dismantled automobiles from any public road or street and from adjoining residential and commercial properties. Outdoor storage shall be completely within the enclosed area and shall not exceed the height of the fence.
c. Junk and salvage yards adjacent to a residential or agricultural zone shall be set back from the property line 100 feet with an intervening greenbelt. The planning commission may reduce the setback requirements of this provision where, by reason of natural or artificial barriers, topographic conditions, the use of natural screening, or the nature of operations, a lesser setback would substantially meet the purpose and intent of this chapter.
d. No open burning shall be permitted and all industrial processes involving the use of cutting, compression, or packaging shall be conducted within a completely enclosed building.
e. Signs are permitted only as they apply to the junk or salvage business.
f. No materials, trash, or garbage causing offensive odors or unsanitary conditions shall be stored on the premises.
(4) Removal and disposal of soil, sand, gravel, and other materials. To minimize and avoid open and dangerous excavations, accumulations of stagnant water, erosion of land and conditions unfit for growing of turf and other land uses, harmful and dangerous landfills and potential pollution of the city water supply, the removal of soil, sand, stone, gravel or the dumping of such material or other refuse on any lands in the city, except in the excavation for a structure pursuant to a building permit, is prohibited unless by a special use permit issued by the planning commission. In permitting such use, the commission shall condition the permit on the following requirements:
a. A fence, adequate to protect trespassing children, and at least six feet in height shall be placed around the entire periphery of the property and no closer than 50 feet to the top of any slope.
b. No slope shall exceed an angle with the horizontal of 45 degrees.
c. The planning commission shall establish truck traffic haul routes where necessary to minimize traffic hazards and road damage to and from the site.
d. Depleted or abandoned areas shall be rehabilitated progressively to a condition entirely lacking in hazards, inconspicuous and blended with the surrounding ground topography. A site reclamation plan must be submitted and approved by the planning commission prior to the granting of a special use permit.
e. All slopes, banks, pits and denuded areas shall be reasonably graded, filled and treated to prevent erosion.
f. All material used for landfill shall be reasonably leveled, covered and graded and no refuse shall be dumped at any location, which might imperil the city water supply or endanger persons or property.
g. A performance guarantee in accordance with section 94-100 of this chapter may be required to assure compliance with these requirements.
(5) Community commercial center. The unique and changing characteristics of this type of business activity requires standards and procedures specifically designed to provide for the flexible application of protective regulations to insure that a safe, efficient, attractive and pleasing shopping environment can be created and maintained.
a. Area, height, bulk and placement requirements. Except as herein specified, the district regulations shall apply to area, height, bulk and placement requirements.
1. Lot size. Not less than five acres.
2. Lot frontage. Not less than 300 feet.
3. Minimum yard setbacks. Where side or rear yard setbacks, or vehicular parking abuts a residential area, a minimum yard setback of 25 feet shall be provided with an intervening fence or wall and greenbelt adjacent to the residential area. No parking shall be permitted within the front yard setback.
4. Minimum floor area. Not less than 800 square feet per business unit.
b. Parking areas and circulation.
1. All areas accessible to vehicles or pedestrians shall be clearly illuminated, adequately graded and paved, clearly marked and maintained, and adequately drained.
2. Automobile circulation design shall provide access to and from the parking areas without backing-up or interfering with traffic onto or from an external street under normal anticipated traffic conditions and, where deemed necessary, the front yard setback requirement may be increased to insure against such congestion and/or to provide for safe ingress and egress. A determination shall be made by the planning commission that the external access street to the shopping center shall be fully capable of absorbing the maximum hourly traffic generated by the center without undue interference to other traffic and pedestrians in the area.
3. All ingress and egress approaches from the external street shall have adequate acceleration and deceleration lanes.
4. Design of the site shall consider pedestrian protection by providing site access sidewalks and internal walkways separated from the traffic circulation and parking bays. Such pedestrian walkways shall be a minimum of five-feet wide.
(6) Temporary outdoor use. Temporary and seasonal uses on private property in all districts may be permitted by the planning commission when such uses do not impede pedestrian and vehicular traffic. Such uses may include sale of Christmas trees, shrubbery, flowers, fruits and vegetables in season, sidewalk or garage sales or short term promotional activities. The licensee shall be required to indemnify the city against the cost of removing and cleaning up any waste or debris, or replacing or repairing any damage to public facilities. If approved, a license shall be issued specifying the terms, conditions and time limitations of the activity in accordance with the applicable city ordinance.
a. Any temporary use of public streets or public property shall be permitted only by the prior approval of the city council, and the council shall, where deemed necessary for the protection of the public interest, require an adequate personal injury and property damage liability policy indemnifying the city against any claim, suit or loss occasioned by the use of city streets or public property.
b. Any license issued shall be carried by the owner in charge of the activities or posted on the property by the licensee and shall be available for inspection by a police officer at all times.
(7) Bed and breakfast. It is the intent of this section to provide standards for the utilization of the older large residential structures located in older neighborhoods of the city as bed and breakfast accommodations for tourists while maintaining the character of the surrounding neighborhoods. Bed and breakfast accommodations are subject to the following requirements:
a. Meals shall only be served to residents, the guests of residents, employees, family members and overnight guests. There shall be no food preparation in any guest sleeping room. Restaurant type operation is prohibited.
b. Accessory retail or service uses to a bed and breakfast establishment shall be prohibited including gift shops, antique shops, restaurants, and bakeries.
c. Each premises must be occupied and operated by its owner. The dwelling unit in which the bed and breakfast operations take place shall be the principal residence of the operator, who shall live on the premises while the operation is active. The living area for the owner/operator may be separated from the guest rooms. No more than six transient/guest rooms shall be provided.
d. Only one sign shall be allowed for identification purposes only. Such sign shall be non-illuminated and unanimated, be mounted flat against the wall of the principal building or freestanding, and not exceed four square feet in area. The planning commission, in its sole discretion, shall approve the indirect lighting of any sign on the site.
e. Exterior solid waste facilities beyond what might normally be expected for a single-family dwelling shall be prohibited.
f. Additions or modifications to a structure for the purpose of accommodating additional guests shall be allowed only if such additions or modifications maintain the character of the buildings on, and within the neighborhood of, the property operating a bed and breakfast. Physical modifications to the structure may be permitted including the provision of barrier free access in order to meet building code requirements.
g. Meals for bed and breakfast patrons shall be prepared using the same kitchen facilities as are used for the residents. Kitchen facilities shall comply with all appropriate city, county and state regulations.
h. One off-street parking space per room to be rented shall be provided, in addition to the parking required for a single-family dwelling. Parking shall be arranged so as not to pose negative impacts on adjacent properties or necessitate on-street parking.
i. All sleeping rooms in the bed and breakfast shall be provided in accordance with the Michigan Residential Code promulgated pursuant to MCL 125.1504 and the additional requirements of MCL 125.1504b.
j. Every bed and breakfast bedroom shall contain a functional smoke detector, and an approved fire extinguisher shall be located on each floor on which such sleeping rooms are located.
k. Bed and breakfast bedrooms shall be a minimum of 120 square feet for the first two occupants and an additional 30 square feet for each additional occupant in that bedroom.
l. One bathroom group for every three sleeping rooms shall be provided, with a minimum of two bathrooms for the exclusive use of bed and breakfast guests.
m. The stay of bed and breakfast occupants shall be no more than 14 consecutive days and not more than 30 days in any one calendar year.
n. The operator of each facility shall keep a list of the names of all persons staying at the bed and breakfast, which list shall be available for inspection by the zoning official.
o. The bed and breakfast use shall not cause a nuisance to adjoining residences due to noise, odor, lighting, or traffic.
p. All dimensional requirements and setbacks shall be maintained for the district in which the bed and breakfast is located. No unique or special equipment or mechanical devises shall be permitted that are not common for single-family dwelling use.
(8) Institutional structures and uses. In recognition of the institutional types of nonresidential uses which may be found compatible with and useful in residential areas, and in recognition of the peculiar and unique functional requirements of certain types of institutional uses, the planning commission may authorize such uses by special use permit when in compliance with the general standards and specific requirements of this article.
a. Institutional uses include the following:
1. Institutions for human care including hospitals, sanitariums, day care, nursing or convalescent homes, homes for the aged, and philanthropic institutions, but not institutions for substance abuse patients or correctional institutions.
2. Religious uses including churches, or similar places of worship, convents, parsonages, parish houses and other houses for clergy.
3. Education and social uses including public and private schools, auditoriums and other places of assembly, centers for social activities, lodges, fraternities, and sororities.
4. Public buildings and public service uses including publicly owned and operated buildings, public utility buildings and structures, transformer stations and substations, gas regulator stations, radio, television, and microwave towers.
5. Recreation uses including parks, playgrounds, ball fields, public swimming pools, stadiums, community centers, and country clubs.
b. Site location standards. In addition to any other regulations or requirements of this chapter, the following standards shall be utilized to evaluate any institutional use for approval:
1. An institutional use shall preferably be located at the edge of a residential district, or abutting a business or industrial district or public open space.
2. All means shall be utilized to face an institutional use on a major street with motor vehicle egress and ingress thereon to avoid the impact of traffic generated by the institutional use in the surrounding area.
3. An institutional use shall preferably be located on a site that offers natural or manmade barriers that will lessen the effect of the institutional use on the surrounding area.
4. A proposed institutional use shall not require costly or uneconomical extensions of public services inconsistent with the growth of the district.
(9) Racetrack, racing theater, and casino. To recognize and accommodate the unique and functional requirements of this use, the intensity of the use, the exceptional demands on transportation facilities and public services that may be generated, the potential for excessive light, noise, dust, odors and fumes, all of which require that special consideration be given to siting, location, layout, parking, storage, traffic circulation, hours of operation, and to ensure compatibility with neighboring uses, such uses shall be subject to the following additional requirements:
a. Minimum site.
1. Racetrack. Twenty acres with an aggregate minimum frontage of not less than 300 feet on at least two major streets.
2. Racing theatre. A minimum site of 10 acres with at least 200 feet of frontage on at least one major street.
3. Casino. A minimum site of 10 acres with at least 200 feet of frontage on at least one major street.
4. Adequate ingress and egress from major street approaches shall be available through appropriate deceleration and acceleration and turning lanes as determined by the city Traffic Engineer.
b. Setbacks. All buildings shall be set back 100 feet from the public street right-of-way and 50 feet from all side and rear lot lines. Parking facilities shall be set back 50 feet from the public street right-of-way and 25 feet from all side and rear lot lines.
c. Lighting. Lighting shall be contained on site, directed inward and downward and not be deflected onto adjacent properties. Except for entry drives, no lighting fixtures shall be located within the required setbacks.
d. Parking requirements. There shall be provided 0.5 paved parking spaces per seat or one space per 6 feet of bench seating in the stadium or grandstand areas of such facilities plus the following additional parking:
1 One paved parking space for each employee on the largest shift of the facility and each owner and trainer.
2. One paved parking space per 50 square feet of usable floor area in any area where food or beverage is sold.
3. One paved parking space per 100 square feet of usable floor area for all betting areas or viewing areas where seats are not provided.
4. One paved parking area suitable to accommodate parking of one truck and horse trailer for each horse entered on the daily racing card.
e. Hours of operation. Such facility shall not be opened to the public except between the hours of 8:00 a.m. and 2:00 a.m., Monday through Saturday and 12:00 p.m. and 2:00 a.m. on Sunday.
(10) Outdoor retail sales and service. Location and special needs for outdoor retail sales and service require careful planning to properly integrate this type of use into the pattern of the local commercial activities that is compatible with adjacent populations including size, site layout, screening, duration, hours of operation and compatibility of surrounding areas. The following minimum standards shall apply:
a. Sales and service shall be limited to 15% of the gross floor area of the individual business unit.
b. Outdoor retail sales and service hours shall not exceed 8 a.m. to 8 p.m. Monday through Saturday and 10 a.m. to 4 p.m. Sunday.
c. All merchandise shall be removed from the outdoor sales area and placed within a fully enclosed building during non-business hours.
d. Permanent outdoor display areas may be allowed provided they are fully screened from view on all sides at all times of year.
(11) Short term rentals for legal dwelling units are permitted in the Cl Central Business District. No more than six adults per bathroom may occupy a unit. No more than two adults per bed. One annual city parking permit per unit is required if no onsite parking is provided.
(Ord. No. 152, 5-1-2006; Ord. No. 156, 9-5-2006; Ord. No. 227, 10-7-2019)