All special land uses shall meet the requirements of the zoning district in which they are located, plus the following design standards. The requirements and standards upon which decisions on requests for special land use approval will be considered shall be based upon the following.
(A) Adult foster care facilities for seven persons or more. Adult foster care facilities having seven or more residents shall have 150 square feet of lawn area and one-half parking space for every two residents.
(B) Automobile repair, car washes, and auto sales facilities.
(1) All structures shall be set back 50 feet from any right-of-way or property line. Not more than one curb cut is allowed for every 75 feet of road frontage. No curb opening shall be within 75 feet of another curb opening. A raised curb or landscaped islands shall be constructed along the perimeter of all parking facilities that are adjacent to major streets.
(2) All equipment, tanks, and spare parts must be enclosed within a building. Outside storage may not exceed a size of 200 square feet and shall be contained and screened from adjoining premises and public streets by a solid fence, wall, or natural screening adequate for the purpose.
(C) Campgrounds. Campground and recreational vehicle park uses shall be permitted subject to the following procedures and conditions.
(1) Campgrounds must be a minimum total area of at least ten acres.
(2) No structures may be located closer than 100 feet to any property line. No campsite or any structure shall be located in the setback area.
(3) There shall be a greenbelt-planting strip along the property lines with a width of not less than 20 feet, which may be within the required setback. The greenbelt shall contain at least one straight or staggered row of deciduous and/or evergreen trees, spaced not more than 40 feet apart, and at least three rows of deciduous and/or evergreen shrubs spaced not more than eight feet apart and a minimum of four feet tall.
(4) There shall be recreational areas at a ratio of at least 20% of the gross area of the campground. These recreational areas may not be located within the 20-foot greenbelt.
(5) The vehicular circulation system shall consist of improved drives or roads with a right-of-way of at least 33 feet wide and shall have unrestricted access to or from a public street.
(6) No structure shall exceed three stories in height.
(7) The grounds 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 12 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 setback area, but not within the greenbelt.
(10) There shall be permitted a facility for the retail sale of groceries, sundries, and other similar commodities; provided that 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 Public Act 368 of 1978, being M.C.L.A. §§ 333.1101 et seq., 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 village, and shall have the authority to make any changes or alterations in the plans, and modify any requirements and regulations herein prescribed; provided that they are in the best public interest, and such that property may be developed in a reasonable manner, but in so doing, comply with other applicable provisions of this chapter.
(D) Child care centers. Special land uses will be issued to properly-licensed child care centers if the proposed facility meets the following specific guidelines:
(1) Has appropriate fencing for the safety of children (see walls and fencing);
(2) Maintains the property consistent with the visible characteristics of the neighborhood;
(3) Meets regulations, if any, governing signs used by the facility to identify themselves;
(4) Meets regulations, if any, requiring off-street parking accommodations for employees;
(5) The child care center shall be registered and licensed as required for a childcare facility under Public Act 116 of 1973, the Child Care Organizations Act, being M.C.L.A. §§ 722.111 through 722.128, as amended;
(6) All structures, facilities, design elements, and operational requirements of the facility shall be provided or complied with, as determined necessary by the Planning Commission; and
(7) Based on the established capacity of the facility, a minimum of 100 square feet of outdoor open space per person, with not less than 5,000 square feet of open space area per facility, shall be provided and maintained on the lot. For the purposes of this section, OPEN SPACE AREA means the area located within the side or rear yard of the facility, exclusive of any area occupied by other structures, swimming pools, or required parking facilities. The open space area shall be free from sharp gravel, glass, or cinder and shall be well-drained. The open space 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.
(E) Daycare facilities. Special land uses will be issued to properly-licensed daycare facilities if the proposed facility meets the following specific guidelines:
(1) Has appropriate fencing for the safety of children (see walls and fencing);
(2) Maintains the property consistent with the visible characteristics of the neighborhood;
(3) Meets regulations, if any, governing signs used by the daycare facility to identify themselves;
(4) Meets regulations, if any, requiring a daycare operator to provide off-street parking accommodations for his or her employees; and
(5) The daycare facility shall be registered and licensed as required for a daycare facility under Public Act 116 of 1973, the Child Care Organizations Act, being M.C.L.A. §§ 722.111 through 722.128, as amended.
(F) Health services clinics.
(1) No structures may be located closer than 25 feet to any property line. No structure shall be located in the setback area.
(2) A clinic adjacent to a residential property or residential zoning district shall comply with the screening requirements of this chapter.
(3) Vehicular circulation systems shall consist of paved drives with a width of at least 33 feet wide and shall have unrestricted access to or from a public street.
(G) Institutional care facilities. Institutional care facilities shall be permitted subject to the following procedures and conditions:
(1) An off-street drop-off/pick-up area must be provided, including an on-site vehicle turnaround or separate entrance and exit points. All access points and vehicular and pedestrian circulation must be designed to accommodate elderly and disabled persons. All structures, facilities, design elements, and operational requirements shall be provided or complied with as determined necessary by the Planning Commission;
(2) Based on the established capacity of the institutional care facility, a minimum of 150 square feet of open space area per person, with not less than 5,000 square feet of open space area per facility, shall be provided and maintained. For the purposes of this section, OPEN SPACE AREA means an area available or devoted to outdoor activities, exclusive of any area occupied by a swimming pool or required parking facilities in the side or rear yard of the facility. The open space area shall be free from sharp gravel, glass, or cinder, and shall be well-drained. The open space area shall be designed in a park-like setting completely screened from any abutting use by vegetation;
(3) All structures must be set back 75 feet from all property lines; and
(4) The institutional care facility shall be registered and licensed as required under the Public Health Code, Public Act 368 of 1978, being M.C.L.A. §§ 333.1101 et seq., as amended.
(H) Multiple uses of buildings. Multiple uses of buildings may be permitted in commercial and industrial zoning districts; provided that the Planning Commission finds that all of the following conditions are met:
(1) All of the uses must be allowed in the zoning district in which the multiple uses are proposed;
(2) Every principal entry shall be visible from a public street;
(3) No entrance shall be located further than 150 feet from an off-street parking facility;
(4) Where more than one building is located on a lot, the following requirements apply.
(a) A front yard of 35 feet shall be required.
(b) Each building shall have a greenbelt of at least 30 feet unobstructed by any accessory structure.
(c) No building shall be located closer than a distance equal to its total height to any other building.
(5) Each building shall contain sanitary facilities as the County Health Department may require.
(I) Outdoor recreation facilities. Outdoor recreation and entertainment facilities may be permitted if the Planning Commission finds that the following conditions exist.
(1) The proposed use will be harmonious with, and not harmful, injurious, or objectionable to, existing and projected future uses in the area.
(2) The proposed use is adequately served by necessary improvements, including, but not limited to: water; sewer; electricity; roads; drainage; and parking.
(3) The proposed use is in accordance with the development policies of the village.
(J) Public and institutional uses. Public and institutional uses may be permitted in any zoning district if the Planning Commission finds that the following conditions are met.
(1) The proposed use will be harmonious with, and not harmful, injurious, or objectionable to, existing and projected future uses in the area.
(2) The proposed use is adequately served by necessary improvements, including, but not limited to: water; sewer; electricity; roads; drainage; and parking.
(3) The proposed use is in accordance with the development policies of the village.
(K) Public utility facilities. Public utility facilities must comply with the setback provisions of the zoning district in which they are located plus 50%. Buildings shall be constructed of materials compatible with structures in the surrounding neighborhood. Other than vehicles, there shall be no outside storage of materials or equipment. The facility must be screened from the view of adjacent residential properties.
(L) Telecommunication towers. Telecommunication towers are permitted in the IND Zoning District, according to the following standards:
(1) Each applicant shall submit a detailed site justification report, including a description of the process that eliminated other potential sites and a map showing the extent of planned coverage, approved locations of all other telecommunication sites, or adjoining municipalities that provide coverage, including the applicant’s location and the location and service area of the proposed telecommunication site;
(2) Using technological evidence, the applicant must demonstrate that the proposed location is necessary to satisfy its function in the company’s grid system. Specific locations will be evaluated using the following analysis and criteria (not listed in any order of priority):
(a) Capacity and propagation analyses;
(b) Tower height visibility analyses;
(c) Antenna separation analyses based on wavelength;
(d) Analyses of signal strength and signal thresholds necessary for cell hand-off;
(e) Environmental analysis of the proposed access road and structures when new construction is necessary (determined by the Commission);
(f) Modeling consistent with FCC criteria to document that a prepared facility would be in compliance with federal radio frequency health standards;
(g) Availability of suitable structures for antenna mounting;
(h) Topography as it relates to line-of-sight transmission for optimum service efficiency;
(i) Leasable lands and willing landlords;
(j) Screening potential of existing vegetation, structures, and topographic features;
(k) Compatibility with adjacent land uses, and preservation of historic views, vistas, buildings, and areas;
(l) Least number of sites to cover desired area;
(m) Greatest coverage consistent with physical requirements;
(n) Opportunities to mitigate possible visual impact;
(o) Availability of sites not within an established single-family community;
(p) Preservation of view corridors and vistas;
(q) Potential for preservation of preexisting character of site;
(r) Impact on surrounding residential areas;
(s) Selection of sites that lend themselves to visual mitigation;
(t) Availability of road access;
(u) Availability of electric power; and
(v) Availability of land-based telephone lines or microwave link capability.
(3) The Planning Commission shall consider the following factors in determining whether to approve a telecommunication tower as a special land use:
(a) Height of the proposed tower;
(b) Proximity of the tower to residential structures and residential district boundaries;
(c) Nature of uses on adjacent and nearby properties;
(d) Surrounding topography;
(e) Surrounding tree coverage and foliage;
(f) Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(g) Proposed ingress and egress;
(h) Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures;
(i) Willingness of the applicant to allow co-location of antennas at a reasonable charge on the applicant’s existing towers within the village and within one mile of the village’s boundaries; and
(j) The impact of tower lighting on the surrounding neighborhood.
(4) General requirements for all telecommunication towers:
(a) The application shall include support materials that show the location of structures in excess of 50 feet in height within a one-fourth of a mile radius of the site proposed, and that the property owners of those locations have been contacted and asked for permission to install the antenna on those structures and denied for other than economic reasons. This includes smoke stacks, water towers, tall buildings, antennas or towers of other wireless communications companies, other communication towers (fire, police, and the like), and other tall structures;
(b) Telecommunication towers shall be designed and constructed to all applicable standards of the American National Standards Institute’s ANSI/EIA-222-E manual, as amended, and shall meet all Federal Aviation Administration/Federal Communication Commission (FAA/FCC) standards;
(c) A soil report shall be submitted to verify the design specifications of the foundation for the tower and anchors for the guy wires prior to the issuance of a zoning permit;
(d) The setback is at least 100% of the height of the tower from the adjoining lot line and from the nearest public right-of-way;
(e) The guy wires and accessory building satisfy the minimum zoning district setback requirements;
(f) Separation of the tower from other uses by 200 feet, or 300% of the height of the tower, whichever is greater, from single-family residences or residentially-zoned land; and
(g) Compliance with the general requirements for all telecommunication towers.
(5) Ground landscaping shall be required to soften the appearance of a tower and screen as much of the tower as possible; a fence surrounding the tower, vegetation, berms, walls, decorative fences, or other features instead of landscaping may be allowed if the same degree of screening as the required landscaping is achieved. Existing vegetation on, and around, the site shall be preserved to the greatest extent possible;
(6) To minimize the number of antenna or wireless sites in the community in the future, the proposed support structure shall be required to accommodate other users, including other wireless communication companies and particularly local police, fire, and ambulance companies, unless it is determined to be technically unfeasible. Any tower approved hereunder shall be made available under commercially-reasonable terms to others, including competing users;
(7) (a) A telecommunication tower not in use for six months shall be removed by the facility owner. This removal shall occur within 90 days of the end of the six-month period commencing upon written notice to the property owner by the zoning enforcement officer. Upon removal, the site shall be restored to its previous appearance and, where appropriate, re-vegetated;
(b) An adequate security deposit or bond shall be required to cover the expense of dismantling the tower;
(8) Towers shall be surrounded by a chain-link fence or wall not more than eight feet in height or less than six feet in height. The chain-link fence shall be erected surrounding the tower and all supporting wire ground supports (anchors) on all sides to prevent unauthorized access. If barbed wire is included in the fence, it shall be within the eight-foot height limit;
(9) All equipment and machinery shall be stored in a fully-enclosed building, not to exceed 300 square feet in size, if only one building, shall be allowed. For each co-located antenna, one additional building shall be allowed;
(10) All parking facilities shall be set back at least 50 feet from all lot lines;
(11) Except for emergency security purposes, no overnight parking of vehicles shall be allowed;
(12) All structures located adjacent to any residential district or dwelling must be screened from view by a fence or by evergreen trees or shrubs in accordance with the screening and fencing provisions of this chapter;
(13) Towers not requiring FAA painting/marking shall either have a galvanized finish or be painted a non-contrasting blue, gray, black, or such other color as the commission may require to minimize the visibility of the tower;
(14) No advertising signs shall be allowed on any tower or antenna;
(15) No lights or illumination shall be allowed unless required by the FCC or FAA;
(16) Towers shall be set back 150 feet from any property line; and
(17) Towers shall be separated from one another according to the following table:
Existing Towers; Spacing by Type | ||||
Lattice | Guyed | Monopole 75 Feet in Height or Greater | Monopole Less than 75 feet in Height | |
Guyed | 5,000 | 5,000 | 1,500 | 750 |
Lattice | 5,000 | 5,000 | 1,500 | 750 |
Monopole Less than 75 feet in height | 750 | 750 | 750 | 750 |
Monopole 75 feet in height or greater | 1,500 | 1,500 | 1,500 | 750 |
(Prior Code, § 154.294) (Ord. 48, passed 6-21-2005) Penalty, see § 154.999