Recognizing that some land uses have characteristics of such unique and distinct form that they may negatively impact on adjoining parcels. Careful review of the following selected special land uses will be considered in accordance with the procedure and standards in §§ 154.080 through 154.092 and the standards that follow.
   (A)   Religious facilities. Ingress and egress shall meet the requirements of this chapter and any requirements of the City Engineer, the County Road Commission and the Michigan Department of Transportation, and shall be onto the street having the least impact upon residential properties. The primary use of buildings and grounds of a religious facility is for the regular assembly of persons for religious worship or services, together with noncommercial accessory uses.
   (B)   Motels/motor courts. Units shall not be used as apartments for non-transient tenants and shall have an office or lobby.
      (1)   Each unit shall have a minimum area of 300 square feet and shall have a bath facility with shower or bath, one toilet and sink as a minimum.
      (2)   There shall be no more than one unit for each 1,000 square feet of site area. Fractions shall be rounded to the nearest whole number.
      (3)   The following accessory uses may be permitted:
         (a)   One house or apartment for the use of the manager or caretaker and his or her family;
         (b)   One restaurant and/or coffee shop or cafeteria providing food and drink; and
         (c)   Amusements and sports facilities for the exclusive use of guests, including:
            1.   Swimming pool;
            2.   Children’s playground;
            3.   Tennis and other game courts;
            4.   Game or recreation rooms; and
            5.   Meeting and/or conference rooms.
      (4)   A 20-foot landscaped buffer zone shall be provided from street right-of-way lines. A 15-foot vegetated or otherwise stabilized area shall be provided along the waterfront. A five-foot landscaped buffer zone shall be provided along the remaining property lines. Recreation facilities not to include buildings, may be permitted in the buffer zone if the Planning Commission determines that such facilities will not adversely impact traffic flows or surrounding properties and provided that impervious materials, such as asphalt, shall not be permitted in required buffer zones.
   (C)   Hotels/inns. All of the following requirements shall be met:
      (1)   There shall be open space which shall be in conformance with the district requirements in each zoning district. Screening shall be as required by the general screening requirements of § 154.142. Off-street parking in front yard areas shall not be permitted;
      (2)   In addition to the rental rooms allowed, a hotel/inn shall have a managers quarters consisting of one or more rooms, and which quarters shall have a minimum total square footage of 300 square feet; provided, however, each of the rooms making up the managers quarters shall be at least the minimum size for the particular room as required in the State Construction Code;
      (3)   Additions to a structure for the purpose of providing additional rental rooms shall not be allowed except on those parcels of property which adjoin or are contiguous to the Center Commercial Zone District. In addition to other criteria, the Planning Commission shall verify that no addition will result in providing less than 1,900 square feet of lot area for each rental room; and
      (4)   The following accessory uses may be permitted:
         (a)   One house or apartment for the use of the manager or caretaker and his or her family;
         (b)   One restaurant and/or coffee shop or cafeteria providing food and drink;
         (c)   Amusements and sports facilities for the exclusive use of guests, including:
            1.   Swimming pool;
            2.   Children’s playground;
            3.   Tennis and other game courts; and
            4.   Game or recreation rooms.
         (d)   Meeting and/or conference rooms.
   (D)   Marinas.
      (1)   Major construction.
         (a)   Pier construction shall comply with all appropriate local, state and federal regulations and §§ 154.200 through 154.207.
         (b)   Site uses may include:
            1.   Facilities for the berthing, launching, handling or servicing of recreational or commercial boats.
            2.   Retail businesses which supply products primarily and directly for persons using the facility.
            3.   Indoor storage in a permanent structure. This area may be used for off-street parking when boats are in the water.
            4.   Outdoor storage provided that no parking lot shall be occupied by stored boats during the months when boats are normally in the water.
            5.   Boat fuel stations.
            6.   Clubs, lounges, restaurants, provided that they meet applicable requirements as if they were being developed separately from a marina.
            7.   Marine construction and maintenance equipment use and storage.
         (c)   Minimum site size shall be 17,424 square feet and minimum road frontage 132 feet.
         (d)   Minimum building and fuel station setbacks shall be 20 feet from the roadway.
         (e)   Shorelines shall be stabilized with an approved suitable material to prevent erosion.
         (f)   Parking will be determined based upon the provisions of § 154.130et seq., the combination of uses, and the amount and availability of indoor and outdoor storage.
         (g)   There shall be no above ground storage of gasoline, fuel oil, or other inflammable liquids or gases.
      (2)   Minor construction.
         (a)   Pier construction shall comply with all appropriate local, state and federal regulations and §§ 154.200 through 154.207 of this chapter.
         (b)   Site uses may include:
            1.   Facilities for the berthing, launching, and handling of recreational boats and commercial boats.
            2.   Accessory structures for storage, shower and lavatory facilities and refuse containers. Screening of latter from the roadway shall be required pursuant to the requirements of § 154.142.
            3.   Parking in compliance with § 154.130et seq.
            4.   Recreation facilities such as picnic areas, playgrounds, intended for use by the boating public only.
         (c)   Maximum site size shall be 17,423 square feet with a maximum 131 feet of road frontage.
         (d)   Buildings shall be set back at least 20 feet from the roadway and ten feet from property lines.
         (e)   Shorelines shall be stabilized with an approved suitable material to prevent erosion.
         (f)   This district shall not include retail or commercial uses other than the berthing of boats.
   (E)   Commercial boats.
      (1)   Commercial boat operations shall meet the requirements of the business license ordinance which require that all transactions are to occur in a structure. A structure is defined as anything constructed or erected, the use of which requires a location on the ground or attached to something having a permanent location on the ground.
      (2)   Off-street parking shall be provided based on one space per two crew members or deckhand and one space per two passenger capacity.
      (3)   Signage shall be controlled by the sign provisions of this chapter.
      (4)   Restroom facilities shall be provided based on one for each three through 20 people and County Health Department regulations.
   (F)   Changes in grade.
      (1)   A special land use permit shall be required for all alterations to the original natural grade in excess of two feet at any point. This shall include the use of any fill materials, removal of any materials other than those resulting from basement excavations and rearrangement of material on the described property.
      (2)   Prior to the removal, importation or rearrangement of material, the applicant shall submit a survey (topographic) showing existing grades and elevations. A second survey shall show all grades and elevations after the excavation or fill is completed. The final survey shall clearly indicate the direction of storm water movement and the final sources of dispersion or disposal.
      (3)   All excavation permits shall include the name, address and legal description of the property where the material will be disposed of. All permits for fill shall identify the type of material brought in and its source including owner’s name, address and property legal description.
   (G)   Dwelling, multi-family (more than two attached) including multiple principal structures as an exception to § 154.022(C)(5).
      (1)   Site requirements. For multiple family developments with more than two units per structure, the allowed density shall be no greater than one unit for every 6,200 square feet of lot area not to exceed seven units per acre when averaged across the entire lot.
      (2)   Special use requirements.
         (a)   For all structures:
            1.   Front setback: 50 feet.
            2.   Side setback: 50 feet.
            3.   Rear setback: 50 feet.
            4.   Outdoor storage of trash or rubbish shall be screened from neighboring uses.
         (b)   For driveways and parking lots:
            1.   Front setback: ten feet.
            2.   Side setback: 20 feet.
            3.   Rear setback: 20 feet.
            4.   There shall be a ten feet wide screen in accordance with § 154.144.
      (3)   Performance standards.
         (a)   All multi-family developments shall have direct access to a major street (per Public Act 51) or an approved paved city street.
         (b)   Provision shall be made for safe and efficient egress and ingress to public streets and highways which shall be designed to minimize congestion and interference with normal traffic flow. The proposal shall not be calculated to reduce the traffic service level of any street nor to access any street functioning below level of service “C” as calculated by MDOT.
         (c)   All streets within a development shall be constructed as public streets and maintained with an all-weather road surface.
         (d)   No dwelling unit shall have its principal access more than 150 feet from either an access drive or a public street, and the required off-street parking area.
         (e)   The distance between any two residential structures which occupy the same lot shall not be less than 30 feet, if both walls facing each other contain windows or other openings, and not less than 20 feet for all other situations.
         (f)   All developments shall be located only where adequate public sewer and water facilities already exist.
         (g)   All storm water drainage shall meet or exceed federal Phase II storm water regulations and shall be so constructed as to cause 0% increase to existing storm water systems unless excess capacity is available.
         (h)   Open space shall be provided which is easily accessible and useable. Such open space shall cover at least 10% of the parcel area or 2,000 square feet per dwelling unit, whichever is greater.
         (i)   All off-street parking shall be adequately lighted during hours of darkness. Such lighting shall be screened from all neighboring uses and streets.
         (j)   All drives within the development shall have a minimum pavement width of 13 feet for one-way drives, and 24 feet for two-way drives. Internal driveways shall have a minimum width of ten feet.
         (k)   Only the following accessory land and/or building uses shall be permitted:
            1.   One office space not greater than 1,000 square feet for conducting the business of the development.
            2.   Utility areas for laundry facilities and auxiliary storage for tenants.
            3.   Recreation area such as community buildings, playgrounds, swimming pools and open space for tenants.
   (H)   Private recreation camps.
      (1)   The following uses may be permitted, as long as they are an integral part of a private recreation camp:
         (a)   No more than three residences for the use of the manager or caretaker and family;
         (b)   Conference facilities, including kitchen and dining facilities (but excluding restaurants), meeting rooms, and other related accessory areas, such as outdoor seating and dining;
            (c)   Indoor and outdoor recreation facilities, including parks, nature trails, ball field, playgrounds, tennis courts, swimming pools and other similar facilities;
         (d)   Assembly buildings, churches and indoor and outdoor chapels;
         (e)   Cabins and other transient overnight lodging (except recreational vehicles);
         (f)   Gardening activities; and
         (g)   Infirmary; and
         (h)   Accessory uses and buildings necessary for the above uses.
      (2)   No trees or other vegetation, except those that are damaged and/or diseased and constitute a public hazard, shall be removed from the required setback area. No grading or changes in topography shall occur except as necessary for entrance roads, required utilities, drainage or safety improvements.
      (3)   All uses shall be integrated into the design of the project with compatible architectural and site features such as landscaping and signage.
      (4)   All uses established on the property shall provide parking as required by this chapter.
      (5)   One sign per major entrance to the camp is permitted. The sign shall be no greater than 48 square feet in total surface area and no higher than eight feet from the average grade of its base, including any berm or supporting structures.
      (6)   Lighting for parking areas or outdoor activity areas shall be shielded to prevent glare or light from spilling onto any surrounding property.
   (I)   Summer resort and park associations. Expansion of the territorial area of a summer resort and park association and building on vacant sites/lots.
Special procedure. The governing board of the summer resort and park association involved, the Michigan Department of Environmental Quality Land and Water Management Division, and the City of Saugatuck Planning Commission shall agree upon a general development plan for the association involved for any undeveloped site/lots/units/areas or expansion of the geographical area of an existing summer resort and park association. Once final approval is given by the City Council, individual units can be constructed or altered upon application by the summer resort and park association’s design review committee and approval of; any required permits from the DEQ; County Health Department or city sewer and water permits; zoning permits by the city’s Zoning Administrator; and building permit(s) from the city’s Building Inspector. After a Development Plan has been approved by the Planning Commission under this section of the Zoning Ordinance, the resulting site plan shall be administered the same as a conforming subdivision for development of individual units (lots, parcels).
      (1)   Allowed uses. Uses within the association shall only include those uses allowed in the SRP zoning district.
      (2)   Seasonal dwellings allowed. Subject to state law requirements, dwellings may be constructed to a lesser standard provided for in the State Building Code for seasonal use dwellings provided that the association's by-laws limit occupancy to no more than nine months in any calendar year.
      (3)   No ZBA authority. Authority is hereby denied to the Zoning Board of Appeals ("ZBA") TO GRANT ANY VARIANCE FROM ANY PROVISION OF A SUMMER RESORT AND PARK ASSOCIATION SPECIAL Use Permit. (See also § 154.089).
      (4)   Maximum density. The overall density of the development shall not exceed three dwelling units per acre.
      (5)   Maximum area coverage. In any critical dune area, the maximum lot coverage for the entire association shall not exceed 10% for all buildings and structures.
      (6)   Maximum share area coverage. Each member’s share area (or shares) corresponds to a lot as platted in establishing the summer resort and park association. All structures constructed for that member’s share area shall not exceed 25% of the area of the corresponding lot.
      (7)   Plat standards. All summer resort and park associations established, expanded or in which additional development is proposed, after the date of this chapter shall conform to either the state Land Division Act or the state Condominium Act, which ever is both applicable and more stringent.
      (8)   Road standards. Roads may be built to a lesser standard than might otherwise be required by city ordinance so long as emergency vehicle access is acceptable to and approved by the Fire Chief.
      (9)   State permits required. Approval procedures shall follow the procedures and requirements for approval of planned unit developments in § 154.115 of this chapter but shall include a preliminary review by Michigan Department of Environmental Quality-Land and Water Management Division (or successor) district staff with written comments supplied to the Planning Commission at least three weeks prior to the city’s public hearing.
      (10)   Environmental impact assessment. When a summer resort and park association plan is being considered in an area of critical dunes, high risk erosion area, flood hazard area or regulated wetlands, an environmental impact assessment in conformance with M.C.L.A. § 324.35319 shall be filed with the city by the applicant and, if the Planning Commission finds that additional information is considered necessary or helpful in reaching a decision, the Commission may require an environmental impact statement in conformance with M.C.L.A. § 324.35320, as amended.
      (11)   Time limit. After a development plan has been approved, and the infrastructure has been completed, there shall be no time limit for development of individual share areas (lots). If the platted infrastructure has not been completed for any portion of an approved plat of development within one year of the date of approval, then the approval for those lots or share areas dependent upon that infrastructure shall expire per § 154.088 of this chapter.
   (J)   Rental of an accessory dwelling unit. Unless otherwise specified below, a rental accessory dwelling unit shall conform to all regulations in § 154.022(W) and the following:
      (1)   A rented accessory dwelling unit shall only be permitted on a parcel that contains an owner occupied detached single-family dwelling unit;
      (2)   An accessory dwelling unit to be rented is subject to inspection by a city official before occupancy and must meet all applicable health, fire, and safety codes; and
      (3)   Signage shall be per the regulations for short-term rentals.
   (K)   Automotive services.  As defined in § 154.005 of this chapter, automotive services shall meet the following standards:
      (1)   Vehicles about to be, or in the process of, repair shall be within a fully enclosed building at all times;
      (2)   The exterior storage of parts, partly dismantled, damaged, or inoperable vehicles shall be prohibited;
      (3)   Vehicles for sale or rent shall be stored in an enclosed structure or on a fully improved concrete or asphalt surface which meets all applicable setbacks for the district in which it is located;
      (4)   Any waste materials, parts, or fluids must be stored of and disposed of in conformance with any and all federal, state, county, or local regulations; and
      (5)   Facilities shall obtain and maintain all applicable federal, state, and local permits and licenses.
   (L)   Recreational transportation rental facilities.  As defined in § 154.005 of this chapter, recreational transportation rental facilities shall meet the following standards:
      (1)   Recreational transportation devices, other than watercraft, shall be stored on private property in a location meeting the required setbacks as set forth in the zoning district in which it is located.  Watercraft shall not be stored in the required front and side yard setbacks for the district;
      (2)   Facilities shall obtain and maintain all applicable federal, state, or local licenses; and
      (3)   Signage shall be only as permitted in § 154.141.
   (M)   Brewery, distillery, and winery.  A brewery, distillery, and winery as defined within § 154.005 shall be subject to the following conditions:
      (1)   All apparatus or equipment associated with the fermentation or distillation of grain, fruits, or other ingredients shall be completely contained within a fully enclosed principal building;
      (2)   Applicants shall not store products, ingredients, supplies, or waste outdoors;
      (3)   Products produced on site shall be sold or consumed on site as part of a retail business or restaurant and not distributed;
      (4)   Operations shall not produce any noise, odor, or other conditions deemed to be a nuisance;
      (5)   Applicants shall obtain and maintain all applicable local, state, and federal licenses.
   (N)   In-fill dwelling unit projects that exceed a floor area ratio of 0.3:1.
      (1)   Purpose. This division is intended to promote quality development and eliminate conditions of gross design incompatibility having the potential for adverse long-term impacts on adjacent properties. It is not intended to stifle individuality or compel rigid conformity but, instead, recognizes that great diversity of style, often between homes side by side, is one of the city's traditional neighborhood strengths, and is premised upon a desire to facilitate compatibility.
      (2)   Standards. Notwithstanding the other provisions of this chapter, for dwelling unit in-fill projects that exceed a floor area ratio of 0.3:1, it is essential that residential structures be compatible with the placement, height, scale, and proportion of adjacent residential properties or with the general neighborhood within 200 feet in all directions.  Such projects shall comply with the following standards.
         (a)   Front yard. The front yard setback shall be consistent with immediately adjacent residential properties or, when the immediately adjacent properties are non-residential structures, residential structures that exceed the minimum front yard setbacks by two times, vacant lots, or otherwise inadequate for a determination, then the average established setback of the frontage on the same side of the street, between two intersecting streets, shall prevail. Nothing in this division shall be construed to permit any new dwelling unit to be located closer than five feet to the front property line. 
         (b)   Separation. Side yard setbacks shall be established by considering the other side yard setbacks in the general neighborhood, but shall not be less than the required side yard setbacks for the zoning district. 
         (c)   Elevations. Finished floor elevations, the height of exposed basement walls, and front yard grade elevations shall be substantially similar to those of immediately adjacent dwellings or, when the immediately adjacent properties are non-residential structures, vacant lots, or are otherwise inadequate to make a determination, the elevations shall be determined by the average of elevations in the general neighborhood.
         (d)   Size and mass. Overall height, width, scale, footprint, and general proportions shall be similar to and compatible with the general character of the neighborhood. In determining compatibility, greater weight will be given to the overall height, width, scale, footprint, and general proportions to the immediately adjacent residential properties. 
   (O)   Restaurants with outdoor seating. The inclusion of outdoor seating shall be viewed as an expansion of a commercial business and shall meet the following standards:
      (1)    Tables, chairs, or similar features shall not have display signage or emblems representative of the restaurant;
      (2)   Outdoor seating area shall be on a fully improved surface of concrete, paver brick, or similar solid material;
      (3)    If alcohol is served, area shall meet all applicable local, state, and federal regulations; and
      (4)    Seating and service within the right-of-way shall be classified as a special land use regardless of the zoning district and shall also meet the following standards:
         (a)    Tables must be removed from the public right-of-way when restaurant is not open;
         (b)    A five-foot wide, unobstructed space must be maintained on the sidewalk at all times to prevent pedestrian traffic obstruction;
         (c)   An approved revocable usage license, issued by City Council, must be obtained before any tables, chairs, or similar features can be placed within the right-of-way;
         (d)   No accessory features, including but not limited to garbage cans, service stations, fencing, or similar features shall be permitted within the public right-of-way;
         (e)   Seating shall be arranged to not interfere with pedestrian travel or the opening of car doors; and
         (f)   No outdoor seating within the public right of way shall be permitted between November 1 and April 1.
   (P)   Service of alcoholic beverages standards.
      (1)   Any new establishment seeking a license for the sale and consumption of beer, wine, or alcoholic beverages on-premises shall require special land use approval and site plan review in accordance with this division.
      (2)   The applicant shall provide a copy of any licensing materials submitted to the Michigan Liquor Control Commission.
      (3)   The applicant shall provide a site plan illustrating the proposed location where the alcohol sales would occur, as well as all other locations where on-premises sales presently exist within a one thousand-foot radius of the closest lot lines of the subject site.
      (4)   The proposed establishment must promote the city’s economic development goals and objectives, and must be consistent with the city’s master plan and zoning ordinance.
      (5)   Given the character, location, development trends and other aspects of the area in which the proposed use or change in use is requested, the applicant shall demonstrate that the use will: rejuvenate an underutilized property or an identifiable area within the city; provide a unique business model, service, product, or function; add to the diversity of the to the city or to an identifiable area within the city; or, that the addition of the use or proposed change in use will be otherwise a benefit or asset to the city or identifiable area.
      (6)   The applicant must demonstrate that the use or change in use as constructed and operated  is compatible with the area in which it will be located, and will not have  appreciable negative secondary effects on the area, such as:
         (a)   Vehicular and pedestrian traffic, particularly during late night or early morning hours that might disturb area residents;
         (b)   Noise, odors, or lights that emanate beyond the site’s boundaries onto property in the area on which there are residential dwellings;
         (c)   Excessive numbers of persons gathering outside the establishment; or
         (d)   Peak hours of use that add to congestion or other negative effects in the neighborhood.
(Ord. passed 6-24-1996; Am. Ord. 040726, passed - -; Am. Ord. 040927, passed - -; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 060710-1, passed 7-10-2006; Am. Ord. 070108-1, passed 1-8-2007; Am. Ord. 080324-3, passed 3-24-2008; Am. Ord. 100726-1, passed 7-26-2010; Am. Ord. 101122-1, passed 11-22-2010; Am. Ord. 110214-1, passed 12-14-2011; Am. Ord. 121008-1, passed 10-8-2012; Am. Ord. 140908-1, passed 9-8-2014; Am. Ord. 150309-2, passed 3-9-2015; Am. Ord. 180529-1, passed 5-29- 2018; Am. Ord. 180813-1, passed 8-13-2018)  Penalty, see § 154.999