All special land uses shall be subject to the following design standards in addition to the requirements of the districts in which they are located:
(a) Bed and Breakfasts. Bed and breakfast uses shall be permitted subject to the following procedures and conditions:
(1) Such uses shall be established only in single-family dwellings.
(2) One parking space per room to be rented shall be provided onsite 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.
(3) Kitchen facilities are allowed, as approved by the appropriate City, County, and State agencies.
(4) Additions to a structure for the purpose of accommodating additional guests shall be prohibited. Physical modifications to the structure may be permitted, including, but not limited to, the provision of barrier-free access in order to meet Building Code requirements.
(5) Exterior solid waste facilities beyond what might normally be expected for a single-family dwelling shall be prohibited.
(6) Only one sign shall be allowed for identification purposes, with approval of the Planning Commission. Such sign shall be mounted flat against the wall of the principal building, and shall not exceed four square feet in area.
(7) The dwelling unit in which the bed and breakfast operation takes place shall be the principal residence of the homeowner, who shall live on the premises while the operation is active.
(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, and bakeries.
(9) Meals may be served only to residents, employees, family members, and overnight guests.
(b) Campgrounds and Recreational Vehicle Parks. Campground and recreational vehicle park uses shall be permitted subject to the following procedures and conditions:
(1) The total area of the campground shall be at least ten acres.
(2) There shall be a required yard of not less than fifty feet along all property lines. No campsite or any structure shall be located in this required yard.
(3) There shall be a greenbelt planting strip with a width of not less than twenty feet along the property lines and may be within the fifty-foot yard as required in this Zoning Code. Such greenbelt shall contain at least one straight or staggered row of deciduous and/or evergreen trees, spaced not more than forty feet apart, and at least three rows of deciduous and/or evergreen shrubs spaced not more than eight feet apart and which grow to an ultimate height of twelve feet.
(4) There shall be recreational areas at a ratio of at least twenty percent of the gross area of the campground. These recreational areas may be located within the fifty-foot required yard but not within the fifty-foot greenbelt.
(5) There shall be a vehicular circulation system which shall consist of improved drives or roads with a right-of-way at least thirty-three feet wide, and it shall have unrestricted access to or from a public street.
(6) No structure shall exceed fifteen feet in height.
(7) The grounds of the campground shall be sloped to drain properly and to satisfactorily meet the approval of local engineering standards.
(8) Each site shall be arranged to satisfactorily and safely accommodate a travel trailer, camper, or other similar camping apparatus.
(9) There shall be a maximum of one sign which shall bear only the name of the campground, shall have a maximum area of twelve square feet, may be lighted provided the source of light is not visible and not the flashing or intermittent type, and may be located within the required yard but not within the greenbelt.
(10) There shall be permitted a facility for the retail sale of groceries, sundries, and other similar commodities, provided this facility is centrally located and has hours of operation coincidental with hours of operation of the campground.
(11) There shall be no sales or display of camping vehicles.
(12) There shall be located, within the campground, approved sanitary dumping facilities.
(13) All requirements, as regulated by Act 368 of the Public Acts of 1978, as amended, shall be complied with.
(14) The Planning Commission may impose any other regulations which it deems necessary to protect the safety, health, and general welfare of the people of the City of Reed City and shall have the authority to make any change or alterations in such plans and modify any requirements and regulations herein prescribed, provided they are in the best public interest and such that property may be developed in a reasonable manner, but in so doing, complying with other applicable provisions of this Zoning Code.
(c) Child Care Centers. Child care center uses shall be permitted subject to the following procedures and conditions:
(1) If the child care center is located on a major arterial street, an off-street drop-off/pick-up area must be provided, including an onsite vehicle turnaround or separate entrance and exit points. Other facilities, design elements, and operational requirements shall be provided or complied with, as determined necessary by the Planning Commission, for the safety of the children attending the child care center.
(2) Based upon the established capacity of the child-care center, a minimum of 150 square feet of outdoor play area per child, with not less than 5,000 square feet of outdoor play area per facility, shall be provided and maintained on the lot. For purposes of this section, "outdoor play area" means the area located on the lot behind the established front yard setback of the facility that is available or devoted to outdoor activities, exclusive of any area occupied by a swimming pool or required parking areas. The outdoor play area shall be free from sharp gravel, glass, or cinder and shall be well-drained. The outdoor play area shall be completely enclosed by a chain-link or solid fence of at least four feet in height and shall be screened from any abutting residential use by vegetation having a height, when planted, of at least five feet.
(3) The child care center shall be registered and licensed as required for child care centers or day care centers under the Child Care Organizations Act, Act 116 of the Public Acts of 1973, as amended.
(d) Communications Towers. Communications tower uses shall be permitted subject to the following procedures and conditions:
(1) Safe zones. Communications towers are exempt from zoning district height limitations. In the unlikely event of structural failure required safe zones shall be established. Safe zones also ensure protection against falling ice.
(2) Guyed towers. The setback line for the tower itself must be equal to seventy-five percent of the height of the tower. Guy anchors must be located on the same parcel as the tower and must maintain a twenty-five foot required setback.
(3) Self-supporting towers: Fifty percent of the tower height. Tower facilities must meet the following standards:
A. Be located no closer than 500 feet to the nearest residence, school, or public park.
B. Be designed, built, and finished to blend as unobtrusively as possible with the natural surrounding and be compatible with adjacent uses.
C. Screened and landscaped in accordance with this Zoning Code.
Each ground mounted structure must be protected by a secure fence enclosure in accordance with the fencing provisions of this Zoning Code. Cellular telephone facilities must, where possible, co-locate on existing structures which may include another cellular telephone tower. Sharing of facilities is mandatory where feasible. The following information must be included in the submittal for site plan review:
1. Design load.
2. Ice load.
3. Foundation design.
4. Site layout drawing.
5. Permit tower drawing packages.
All foundation and tower structure drawings must bear the seal of a registered professional.
(e) Drive-Through or Drive-In Restaurants. Drive-through or drive-in restaurant uses shall be permitted subject to the following procedures and conditions:
(1) A minimum of three off-street parking spaces shall be provided for drive-through service.
(2) Service windows shall be set back at least 100 feet from any lot line adjacent to a Residential District.
(f) Educational Services. Educational service uses shall be permitted subject to the following procedures and conditions:
(1) A minimum of three off-street, parking spaces shall be provided.
(2) Buildings shall be set back at least 100 feet from any lot line adjacent to a Residential District.
(g) Hersey River Overlay District Uses. Hersey River Overlay District uses shall be permitted subject to the procedures and conditions provided in this Zoning Code.
(h) Funeral Homes. Funeral home uses shall be permitted subject to the following procedures and conditions:
(1) All activities shall be set back a minimum of fifty feet from any lot line in a Residential District.
(2) The Planning Commission may require a fence, wall, or planted material to screen the use from adjacent Residential Districts.
(i) Fueling service stations. Fueling service station uses shall be permitted subject to the following procedures and conditions:
(1) All activities shall be set back a minimum of fifty feet from any lot line in a Residential District.
(2) The Planning Commission may require a fence, wall, or planted material to screen the use from adjacent Residential Districts.
(j) Golf Courses and Country Clubs. Golf courses and country club uses shall be permitted subject to the following procedures and conditions:
(1) Such use shall be in conformance with the character of the adjacent neighborhood and shall be essential to service the neighborhood or community.
(2) The Planning Commission shall establish requirements for setback, lot size, side yard, parking, screening, and other conditions necessary for the use to conform with the character of the adjacent neighborhood and to protect adjacent property owners.
(k) Individual and Family Social Services. Individual and family service uses shall be permitted subject to the following procedures and conditions:
(1) All activities shall be set back a minimum of fifty feet from any lot line in a Residential District.
(2) The Planning Commission may require a fence, wall, or planted material to screen the use from adjacent Residential Districts.
(l) Membership Organizations and Fraternal Associations. Membership organization and fraternal association uses shall be permitted subject to the following procedures and conditions:
(1) All activities shall be set back a minimum of fifty feet from any lot line in a Residential District.
(2) The Planning Commission may require a fence, wall, or planted material to screen the use from adjacent Residential Districts.
(m) Mini-Storage Self-Storage Warehouses. Mini-storage and self-storage warehouse uses shall be permitted subject to the following procedures and conditions: The applicant must demonstrate that the site requested for a special land use permit is not well suited for traditional commercial purposes and has marginal commercial value relative to other vacant sites. Sites considered prime commercial land would not be favorably received.
(n) Motels or Hotels. Motel or hotel uses shall be permitted subject to the following procedures and conditions:
(1) Traffic circulation shall not conflict with neighboring business uses.
(2) The centerline of all ingress and egress areas (curb cuts) shall be at least fifty feet from the right-of-way of any intersecting street.
(o) Motor Vehicle Repair. Motor vehicle repair uses shall be permitted subject to the following procedures and conditions:
(1) Minimum lot size shall be 20,000 square feet to provide adequate space for vehicle storage.
(2) All activities and storage related to this use shall be set back a minimum of fifty feet from all side and rear lot lines.
(3) All tires, parts, and bodies must be kept within a fully enclosed building or fenced on all sides with a screening fence that is six feet in height.
(4) No outdoor storage or use shall be permitted within the required front yard.
(5) Appropriate screening in accordance with Chapter 1280 may be required by the Planning Commission to protect adjoining parcels.
(p) Municipally Operated Sanitary Landfill. Municipally operated sanitary landfill uses shall be permitted subject to the following procedures and conditions:
(1) All activities shall be set back a minimum of fifty feet from any lot line in a Residential District.
(2) The Planning Commission may require a fence, wall, or planted material to screen the use from adjacent Residential Districts.
(3) There is no burning of waste products.
(q) Landscape Nurseries and Landscaping Contractors. Uses shall be permitted subject to the following procedures and conditions:
(1) All activities shall be set back a minimum of fifty feet from any lot line in a Residential District.
(2) The Planning Commission may require a fence, wall, or planted material to screen the use from adjacent Residential Districts.
(r) Nursing and Personal Care Facilities. Uses shall be permitted subject to the following procedures and conditions:
(1) The facility shall not alter the character of the neighborhood in which it is located.
(2) The facility shall be located along major roads and entrance ways to the residential developments or shall act as buffers between residential and higher-intensity uses whenever practical.
(3) All off-street parking requirements shall be met.
(4) All off-street parking areas and refuge disposal containers shall be screened from adjacent Residential Districts.
(s) Professional Offices. Uses shall be permitted subject to the following procedures and conditions:
(1) All activities shall be set back a minimum of fifty feet from any lot line in a Residential District.
(2) The Planning Commission may require a fence, wall, or planted material to screen the use from adjacent Residential Districts.
(t) Outdoor Commercial Recreation. Uses shall be permitted subject to the following procedures and conditions:
(1) All activities shall be set back a minimum of fifty feet from any lot line in a Residential District.
(2) The Planning Commission may require a fence, wall, or planted material to screen the use from adjacent Residential Districts.
(u) Outdoor Sales. Uses shall be permitted subject to the following procedures and conditions:
(1) No merchandise shall be located in the road right-of-way or within five feet of any adjacent lot line.
(2) All structures shall be set back a minimum of thirty feet from any lot line in a Residential District.
(3) The Planning Commission may require a fence, wall, or planted material to screen the use from adjacent Residential Districts.
(v) Public and Institutional Uses. Uses shall be permitted subject to the following procedures and conditions:
(1) Such use shall be in conformance with the character of the adjacent neighborhood and shall be essential to service the neighborhood or community.
(2) The Planning Commission shall establish requirements for setback, lot size, side yard, parking, screening, and other conditions necessary for the use to conform with the character of the adjacent neighborhood and to protect adjacent property owners.
(w) Public Utility Facilities. Uses shall be permitted subject to the following procedures and conditions:
(1) All activities shall be set back a minimum of fifty feet from any lot line in a Residential District.
(2) The Planning Commission may require a fence, wall, or planted material to screen the use from adjacent Residential Districts.
(x) Salvage/Junk Yards. Uses shall be permitted subject to the following procedures and conditions:
(1) The use shall be surrounded by a solid fence or wall with a height equal to items stored thereon but in no case less than ten feet high.
(2) Minimum lot size shall be three acres.
(3) All salvage materials must be screened from outside view by a solid fence or wall in accordance with the provisions of this Zoning Code.
(4) All uses shall be established and maintained in accordance with all applicable State and County laws.
(5) All storage areas shall be set back at least seventy-five feet from any street right-of-way or property line and 500 feet from any Residential District. Such setbacks shall be landscaped to minimize the appearance and impact of the operation. The spacing and type of plant materials shall be approved by the Planning Commission (see Chapter 1280 for required screening).
(6) No open burning shall be permitted.
(7) All industrial processes involving the use of equipment for cutting, compressing, or packaging shall be conducted within a completely enclosed building.
(8) All performance standards in Chapter 1260 shall be met.
(y) Sexually Oriented Businesses. Uses shall be permitted subject to the following procedures and conditions:
(1) The use is located within a C-2 District.
(2) The use is located outside a 300-foot radius of a Residential District, a church, school or day care center and outside a 200-foot radius of an officially dedicated City park. All measurements under this section shall be made in a straight line, without regard to intervening structures or objects, from the property line of the use to the property line containing a church, school, day care center, or park. The Planning Commission may waive this minimum distance restriction pursuant to the standards provided in paragraph (y)(3) hereof of this section and pursuant to the following procedures:
A. The Zoning Administrator will serve notice on all owners and occupiers of all property within 300 feet of the proposed use.
B. Said notice will give a minimum of thirty days from the mailing of the notice until the Planning Commission hearing on the matter.
C. Said notice will include a postcard addressed to the City, containing spaces for stating approval or disapproval of the proposed sexually oriented business and including space for commentary.
D. The total number of postcards or other written responses returned prior to the hearing will be tallied. The votes yea and nay will also be tallied.
E. These votes will be considered as evidence, in the Planning Commission's decision, as to whether to waive the minimum requirement between the sexually oriented business and a residential zone church, school, day care center, and park.
(3) The sexually oriented business is not located within a 1,000 foot radius of another sexually oriented business. The Planning Commission may waive this spacing requirement, if the following findings are made:
A. That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this chapter will be observed.
B. That the proposed use will not enlarge or encourage the development of a blighted or deteriorating area in its immediate surrounds.
C. That the establishment of a sexually oriented business, or an additional sexually oriented business, in the area will not be contrary to any neighborhood conservation, nor will it interfere with any urban renewal.
D. That all applicable State laws and local ordinances will be observed.
(4) Persons operating a sexually oriented business shall not permit any person under the age of eighteen to be on the premises of said sexually oriented business either as an employee or as a customer.
(5) Hours of operation of the sexually oriented business shall be limited to 8:00 a.m. to 10:00 p.m.
(6) Adult products or services, or any picture or other representation thereof, shall not be displayed so as to be visible from the street or neighboring property.
(7) Off-street parking shall be provided the same as for non-sexually oriented businesses of the same nature (e.g., movie theaters, retail sales, and eating and drinking establishments); except that all areas of the parking lot shall be illuminated from dusk until one hour after business closes.
(8) No application for a special use which has been denied wholly or in part by the City Council shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the Planning Commission and the City Council.
(9) Once established, a sexually oriented business shall not be expanded in any manner without first applying for and receiving the approval of the Planning Commission.
(10) If a sexually oriented business is discontinued and events cause the area to not be available for the location of a sexually oriented business, the use may not be reestablished without applying for and receiving the approval of the Planning Commission.
(11) Approval of the Planning Commission required by this section shall be pursuant to the following procedures:
A. The Zoning Administrator will serve notice on all owners and occupiers of all property within 300 feet of the proposed use.
B. Said notice will give a minimum of thirty days from the mailing of the notice until the Planning Commission hearing on the matter.
C. Said notice will include a postcard addressed to the City, containing spaces for stating approval or disapproval of the proposed sexually oriented business and including space for commentary.
D. The total number of postcards or other written responses returned prior to the hearing will be tallied. The votes yea and nay will also be tallied. The votes will be considered as evidence in the Planning Commission decision.
(12) Approval of the Planning Commission required by this section shall be pursuant to the following standards:
A. That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this chapter will be observed.
B. That the proposed use will not enlarge or encourage the development of a blighted area in its immediate surrounds.
C. That the establishment of a sexually oriented business, or an additional sexually oriented business, in the area will not be contrary to any neighborhood conservation, nor will it interfere with any urban renewal.
D. That all applicable State laws and local ordinances will be observed.
(z) State Licensed Residential Facilities (For Seven Persons or More). Uses shall be permitted subject to the following procedures and conditions:
(1) The proposed facility shall be consistent with and shall promote the intent and purpose of this Zoning Code and shall be compatible with adjacent uses of land, the natural environment, and the capacities of public services and facilities affected by the proposed facility. In making its determination regarding a proposed facility, the Planning Commission shall consider the following factors:
A. The design and location of the proposed facility; the density of population; the adequacy of educational, recreational, and other public support facilities; traffic volumes and circulation; compatibility with existing development; adequate provision for light and air; adequate provision of parking; and accessibility of fire and police protection.
B. The density of similar uses in the area; the cumulative effects of allowing the proposed facility (including effects upon the capacities of existing community recreation, social service, and other support facilities); and whether the proposed facility will alter the character of the neighborhood. In order to prevent an excessive concentration of facilities and consequent alteration of a neighborhood's character and protect existing facilities from overdevelopment that could result in an undesirable atmosphere, no facility shall be located within a 1,500-foot radius of any other facility unless the Planning Commission finds that a lesser distance is compatible with the goals of this Zoning Code and that the facility would not contribute to an excessive concentration of such facilities within a particular neighborhood.
C. The accessibility of the proposed facility to convenience services, such as shopping, banking, health care, and public transportation; to employment opportunities; and to community resources and agencies, including medical and social services, that might be used by the facility's residents.
(2) The Planning Commission shall establish requirements for setback, lot size, side yard, parking, screening, and other conditions as necessary for the facility to conform to the character of the adjacent neighborhood and to protect adjacent property from adverse impacts.
(3) If the State licensed residential facility is an adult foster care facility it shall:
A. Be located on a major arterial street, and an off-street drop-off/pick-up area must be provided, including an onsite vehicle turnaround or separate entrance and exit points. Other facilities, design elements, and operational requirements shall be provided or complied with, as determined necessary by the Planning Commission.
B. Be a minimum of 150 square feet of rear yard area per person, and not less than 5,000 square feet of rear yard area per facility shall be provided and maintained on the lot. For purposes of this section, "rear yard area" means an area that is available or devoted to outdoor activities, exclusive of any area occupied by a swimming pool or required parking areas. The rear yard area shall be free from sharp gravel, glass, or cinder and shall be well-drained. The rear yard area shall be completely enclosed by a chain-link or solid fence of at least four feet in height and shall be screened from any abutting residential use by vegetation having a height, when planted, of at least five feet.
C. Be registered and licensed as required under the appropriate State act (Act 116 of the Public Acts of 1973, as amended).
(4) If the State licensed residential facility is a licensed day care facility it shall:
A. Have child drop-off and pickup areas and other facilities, design elements, and operational requirements, provided or complied with, as determined necessary by the Planning Commission, for the safety of the children attending the State licensed residential facility.
B. Have a minimum of 150 square feet of outdoor play area per child, with not less than 5,000 square feet of outdoor play area per facility, provided and maintained on the lot. For purposes of this section, "outdoor play area" means the area located on the lot behind the established front yard setback of the facility that is available or devoted to outdoor activities, exclusive of any area occupied by a swimming pool or required parking areas. The outdoor play area shall be free from sharp gravel, glass, or cinder, and shall be well-drained. The outdoor play area shall be completely enclosed by a chain-link or solid fence of at least four feet in height and shall be screened from any abutting residential use by vegetation having a height, when planted, of at least five feet.
C. Not be located closer than 1,500 feet (measured along a road, street, or other public thoroughfare) to any other State licensed residential facility; to any facility offering substance abuse treatment and rehabilitation service to seven or more people, licensed by the State of Michigan; or to any community correctional center, resident home, halfway house, or other similar facility that houses an inmate population under the jurisdiction of the State Department of Corrections.
D. Not exceed sixteen hours during any twenty-four hour period and, unless specifically approved by the Planning Commission based upon a finding under the particular circumstances of it being of no detriment to the surrounding area, shall be limited from 6:00 a.m. to 10:00 p.m. daily.
E. Be maintained consistent with the visible characteristics of the neighborhood.
F. Be registered and licensed as required for a State licensed residential facility under the Child Care Organizations Act, Act 116 of the Public Acts of 1973, as amended.
(aa) Upper Floor Dwellings. Uses shall be permitted subject to the following procedures and conditions:
(1) All off-street parking requirements shall be met.
(2) All off-street parking areas and refuse disposal containers shall be screened from adjacent Residential Districts in accordance with this Zoning Code.
(3) All upper floor dwellings shall have their own access independent of the first floor business.
(4) All applicable City ordinances designed to protect the public health, safety, and welfare, such as, but not limited to, building codes and health codes, shall be met.
(ab) Single Family dwelling conversions to Multiple Family dwelling units. Uses shall be permitted subject to the following procedures and conditions:
(1) Conversions of single family homes into multiple family dwelling units, as defined in 1240.07(14) Dwelling or Dwelling Unit, is allowed by special use permit only in the R-3 District.
(2) Each dwelling unit shall have minimum square footage in accordance with Section 1254.05(f).
Dwelling Size:
One Bedroom – 600 square feet
Two Bedrooms – 700 square feet
Three Bedrooms – 800 square feet
Four Bedrooms – 900 square feet
Five Bedrooms – 1,000 square feet
(3) Each single family conversion lot shall demonstrate they have provided a combined off street parking equal to 2 parking spaces per dwelling unit.
(4) Each special use permit granted shall have an inspection, paid by the owner, to verify the standards have been complied with.
(5) All refuse disposal containers shall be screened from adjacent Residential properties.
(Ord. 52. Passed 6-16-97; Ord. 04-2018. Passed 2-20-18.)