Because the uses referred to in this section possess unique characteristics making it impractical to include them in a specific use district, they may be permitted by Council, upon recommendation by the Planning Commission. The Commission shall review any such use and make its recommendation after holding a public hearing in accordance with Section 1262.07.
In every case, the uses herein set forth shall be expressly prohibited from any Residential District, unless otherwise specifically permitted in this section.
The uses permitted herein require special consideration since they service an area beyond the City, require sizable land areas and/or create potential control problems with respect to adjacent land use and use districts, traffic, noise, appearance and general safety.
Those uses falling specifically within the intent of this section are as follows:
(a) Outdoor Theaters. Because outdoor theaters possess the unique characteristics of being used only after dark, and since they generate a concentration of vehicular traffic in terms of ingress and egress from their parking areas, they shall be permitted in the M-1 District only and shall not be adjacent to existing or planned residential areas. Outdoor theaters shall further be subject to the following conditions:
(1) The proposed internal design shall receive approval from the Director of Inspections and the City Engineer as to adequacy of drainage, lighting and other technical aspects.
(2) Outdoor theaters shall abut a major thoroughfare, and points of ingress and egress shall be available only from such major thoroughfare.
(3) All vehicles waiting or standing to enter the facility shall be provided off-street waiting space. No vehicle shall be permitted to wait or stand within a dedicated public street right of way.
(4) The area shall be so laid out as to prevent the movie screen from being viewed from residential areas or adjacent major thoroughfares. All lighting used to illuminate the area shall be so installed as to be confined within and directed onto the premises of the outdoor theater site.
(b) Communication Towers and Collocations.
(1) Any new communication towers and their attendant facilities shall be permitted in the M-1 District, provided that such towers are setback the total height of the tower measured from the base of the tower to the property line.
(2) In order to maximize the efficiency of telecommunication services, while also minimizing the impact of such facilities on the City, co-location, or the provision of more than one antenna and more than one user on a single tower at a single location, shall be strongly encouraged. Before approval is granted for a new facility, the applicant shall demonstrate that it is not feasible to co-locate at an existing site.
(3) Collocation of any communication antenna shall be a permitted accessory use when attached to any structure which constitutes the primary use, within any zoning district, provided the following:
A. That the antenna does not extend more than ten feet beyond the tallest portion of the structure.
B. That the antenna blends into the aesthetic character of the primary structure where reasonably practical.
C. Any accessory equipment shall be located on the subject parcel and shall be screened from view with either opaque landscape materials or decorative fence.
D. Collocation of communication equipment will be reviewed and approved administratively by the Building Inspections Director.
(c) Indoor Athletic Facilities. Indoor athletic facilities, including tennis courts, racquet ball courts, exercise facilities, golf driving ranges, batting facilities, skating rinks and bowling alleys, shall be permitted as follows:
(1) All such uses shall be located in the M-1 District only.
(2) All such uses shall have direct access to a major thoroughfare.
(3) All exterior lighting shall be directed away from adjacent uses.
(4) A minimum setback of 100 feet for the principal and accessory uses, including off-street parking, shall be provided when adjacent to a Residential District. Within this setback there shall be provided and maintained earth berms with extensive landscape plantings of sufficient height and intensity to effectuate a substantial landscape screen between such uses and the adjacent Residential District.
(d) Outdoor Athletic Facilities. Outdoor athletic facilities, including stadiums; amphitheaters; coliseums; arenas; golf driving ranges; golf courses; tennis courts; racquetball courts; football, baseball, softball, soccer, polo and similar athletic track and field events, including equestrian contests, but excluding any form or type of competitive motor vehicle contests; theme parks; or amusement parks, shall be permitted as follows:
(1) All such uses shall be located in the M-1 District only.
(2) All such uses shall have direct access to a major thoroughfare.
(3) All exterior lighting shall be directed inward towards the use and away from adjacent uses.
(4) Except for the green areas of golf courses and golf driving ranges (i.e. fairways) and open driving range areas, a minimum setback of 300 feet shall be provided for the principal use and all accessory uses, except off-street parking, which may be located not less than 100 feet from any Residential District. Within these two setbacks, there shall be provided and maintained earth berms and extensive landscape plantings of sufficient height and intensity so as to effectuate a substantial landscape planting screen between uses and the adjacent Residential District.
(e) Accommodations for Helicopters.
(1) Facilities for the accommodation of helicopters are considered separately under this section. For purposes of accommodating helicopters, as used in this subsection:
A. "Heliport" means an area used by helicopters or other steep- gradient aircraft, which area includes passenger and cargo facilities, maintenance and overhaul, fueling service, storage space, tie-down space, hangars and other accessory buildings and open spaces.
B. "Helistop" means an area on a roof or on the ground used by helicopters or steep-gradient aircraft for the purpose of picking up or discharging passengers or cargo, and includes fuel service and tie-down space.
C. "Helipad" means an area on a roof or on the ground used by helicopters or steep-gradient aircraft for the purpose of picking up and discharging passengers or cargo, but does not include fuel service, maintenance, overhaul or tie-down space.
(2) These facilities shall be subject to the review procedures and applicable criteria for airports and the following:
A. Heliports shall be permitted in Industrial Districts only. Helistops shall be permitted in all districts except Residential Districts. Helipads may be established in any zoning district.
B. When reviewing an application for a heliport, helistop or helipad, the City shall require contemporary standards recommended by the Federal Aviation Agency and the Michigan Aviation Commission for the proper operation of such facility.
C. Particular attention shall be given to the following:
1. That adequate provision is made to control access to the facility;
2. That the surface of the facility is such that dust, dirt or other matter will not be blown onto adjacent property by helicopter operations;
3. That all applicable provisions of building, fire and health codes are met, including special provisions applicable in the case of rooftop heliports; and
4. That appropriate provision is made for off-street parking.
(f) Adult Businesses.
(1) Location. In the preparation and enactment of this subsection, it is recognized that adult businesses, because of their very nature, have serious operational characteristics, which characteristics have a deleterious effect upon Residential Districts, schools, libraries, parks, playgrounds, day-care centers, places of worship, business offices and commercial districts. The regulation of the location of adult businesses is necessary to insure that the adverse effects of such uses will not cause or contribute to increased crime in or near such uses and to the blighting or downgrading of such areas. It is the intent of this section to provide reasonable regulations for the establishment of these uses in viable, accessible locations where the adverse impact of their operations may be minimized.
A. No adult business shall be permitted under any circumstances, within a 1000-foot radius of an existing adult business. Measurement of the 1000-foot radius shall be made from the outermost boundaries of the lot or parcel upon which the proposed adult use will be situated to the nearest lot line of the existing adult business.
B. No adult business, as defined in Section 1260.07(b), shall be permitted within a 1000-foot radius of a Residential District, residence, school, library, park, playground, licensed day-care center, as defined in Act 116 of the Public Acts of 1973, as amended (M.C.L.A. 722.111 et seq.), and/or a church, convent, monastery, synagogue or similar place of worship. Measurement of the 1000-foot radius shall be made from the outermost boundaries of the lot or parcel upon which the proposed adult use will be situated to the nearest lot line of the Residential District, residence, school, library, park, playground, day-care center and/or place of worship.
C. The provisions of this subsection shall not apply to hospitals, sanitariums, nursing homes, medical clinics or the offices of a physician, surgeon, chiropractor, osteopath, psychologist, clinical social worker or family counselor who is licensed to practice his or her respective profession in the State, or who is permitted to practice temporarily under the auspices of an associate or an establishment duly licensed in the State, or to certified members of the American Massage and Therapy Association and certified members of the International Myomassethics Federation, or to persons who meet the requirements of M.C.L.A. 339.1701 through 339.1707, as amended from time to time.
(2) Residency. No person shall reside in or permit any person to reside in the premises of an adult business as a caretaker or live-in custodian.
(3) Additional requirements.
A. Adult businesses may be established in a Light Industrial- Research District (M-1). The conditional use of such a business may be permitted subject to applicable site design standards in Section 1284.02 and 1284.03 and subject, further, to the approval of Council after an affirmative recommendation from the Planning Commission, in accordance with the processing procedures set forth in Section 1262.08 and subject to the regulations set forth in this section and in Section 1298.07.
B. Adult businesses, such as adult bookstores, adult movie theaters, adult cabarets (Group A and Group D), adult personal service businesses, massage parlors and nude modeling studios, subject to the requirements of this section, shall also meet the following requirements:
1. The proposed use will not be contrary to the public interest or interfere with the use and enjoyment of nearby properties, and the spirit and intent of this subsection will be observed.
2. The proposed use will not enlarge or encourage the development of a "skid row" area.
3. The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation, nor will it interfere with any program of urban renewal.
4. All applicable regulations of this subsection will be observed.
(Ord. 458. Passed 1-4-89; Ord. 579. Passed 8-9-95; Ord. 606. Passed 3-5-97; Ord. 667. Passed 7-22-98; Ord. 839. Passed 2-7-07.)