Village of New Haven, MI Article XX Special Land Uses

§ 515-121 Purpose established; review required.

A. Purpose. The purpose of this article shall be to:

(1) Establish the purpose of special land use review and approval;

(2) Require special land use review and approval for specified land uses in all zoning districts which are listed as special land uses in this chapter;

(3) Establish application requirements for special land use review and approval;

(4) Establish review standards for all special land uses;

(5) Establish the Planning Commission as the review and approval authority for special land uses, unless otherwise specified for a specific use; and

(6) Establish authority for the Planning Commission to impose conditions upon special land uses.

B. Requirement established. Special land use review and approval shall be required for all specified land uses in all zoning districts which are listed as special land uses in this chapter. All applications for special land use review and approval shall include a site plan prepared in conformance with the submission, content and design criteria in § 515-100, Site plan review. All special land use review and approval requests shall be subject to a public hearing by the Planning Commission prior to a final decision on the application.

§ 515-122 Application procedures and review standards.

A. Application, submittal and review procedures. All special land use review and approval requests in all districts shall be applied for and reviewed in accordance with the following: Applicant may request preapplication conference with Zoning Administrator, Planning Commission Chair or designee, and Village planning consultant to discuss the proposal, submittal and review procedures, ordinance criteria, and site plan design guidelines (optional, but strongly recommended). Application with fee for preapplication conference is to be submitted to Village Clerk on forms provided for that purpose by the Village.

(1) Applicant submits completed application, review fee, and 12 copies of the site plan to the Village Clerk. Application and fee for special land use review and approval submitted to Village Clerk on forms provided for that purpose by the Village.

(a) Special land uses may be required to submit a traffic impact study, in accordance with the Traffic Impact Study Requirements adopted by resolution of the Village Council.

(b) Special land uses that have an asterisk (*) are required to submit a community impact statement in accordance with the Community Impact Statement Outline adopted by resolution of the Village Council.

(2) The Village Clerk then transfers copies of the application and site plan to the Planning Commission and Village planning consultant for review.

(3) The Village Planning Commission conducts the first introduction of the requested special land use at its next regularly scheduled meeting. First introduction is intended to alert Planning Commission members and the public of the request and to set a date for the public hearing. Attendance by the applicant is optional.

(4) The Village Clerk, or designee, provides required public notice of the public hearing date as set by the Planning Commission. Notice shall be published and mailed in accordance with notification procedures as required by state law.

(5) The Planning Commission conducts the public hearing on the application for special land use approval. Public comment may be made prior to the meeting in writing or at the meeting either verbally or in writing.

(6) The Planning Commission approves, approves with conditions, or denies the special land use request. The Planning Commission may also postpone a request to allow verification, compilation or submission of additional or supplemental information, or to address other concerns or issues.

(7) If the Planning Commission approves or approves with conditions the special land use request, the Village Clerk prepares and mails to the applicant a special land use permit and a copy of the approved minutes of the Planning Commission meeting at which the special land use approval was granted. Said permit and approved minutes shall constitute the formal record and notification of special land use approval.

(8) The applicant then applies for site plan review and approval in accordance with § 515-100, Site plan review.

B. Review standards and criteria. The Planning Commission shall utilize the following standards and criteria in reviewing all special land use requests. The Planning Commission shall find that each standard and criteria is met prior to granting approval of any special land use request.

(1) All information, submittals, and site plan standards as required in § 515-100, Site plan review, have been met with regards to the site plan submitted for the requested special land use.

(2) All design standards, specifications or criteria imposed on specific special land uses in Article XX shall be met.

(3) The use shall conform generally with the Master Plan.

(4) The use shall be designed and located so that it is compatible with the surrounding properties. At a minimum, this shall include consideration of the following:

(a) Location of use(s) on site;

(b) Height of all improvements and structures;

(c) Adjacent land uses;

(d) Need for the proposed use in specified areas of the Village;

(e) Conformance with future land use plans for the area as adopted or maintained by the Planning Commission; and

(f) Compatibility with the permitted principal uses allowed in the zoning district where the special land use is requested.

(5) Ingress and egress to the use shall be controlled and designed to maximize vehicular and pedestrian safety and convenience and minimize traffic impact on adjacent properties, roads and drives. At a minimum, this shall include consideration of the following:

(a) Reduction in the number of ingress or egress points through elimination, minimization, and/or consolidation of drives;

(b) Proximity and relation to road and driveway intersections specifically with regard to distance between proposed drives and existing intersections;

(c) Reduction/elimination of vehicular and pedestrian traffic conflicts;

(d) Adequacy of sight distances;

(e) Location and access to off-street parking; and

(f) Location of service drives to access multiple parcels.

(6) The use shall be screened in accordance with the screening and buffering criteria detailed in § 515-91 and the specific screening and buffering requirements for individual special land uses detailed in this article.

(7) The use shall be properly served by utilities, whether public or private.

(8) The use shall not have an adverse impact on the environment beyond the impacts which would be anticipated by the permitted principal uses in the same district. The use shall not result in impairment, pollution or destruction of the air, water, soil or other natural features.

(9) The use shall be in conformance with the performance standards specified in § 515-90.

(10) The use shall be designed, located and operated to minimize negative impacts on surrounding properties or rights-of-way.

(11) The use shall not impose an unreasonable burden upon public services and utilities in relation to the burden that would be imposed by permitted principal uses in the same district.

C. Conditions. The Planning Commission may impose conditions in granting special land use approval in accordance with the following:

(1) Conditions shall be designed to protect natural resources, the health, safety and welfare, as well as the social and economic well-being of those who will use the proposed use as well as residents and landowners adjacent to the use and within the community as a whole.

(2) Conditions shall be related to the valid exercise of the police power and the purposes which are affected by the proposed use or activity.

(3) Conditions shall be necessary to meet the intent and purpose of the Zoning Ordinance and shall be based upon the standards established in this chapter for the special land use under consideration, if applicable, and shall be necessary to ensure compliance with those standards.

(4) Conditions shall provide necessary safeguards for the protection of the general welfare and individual property owners and residents.

(5) The breach of any condition of special land use approval shall constitute a violation of the provisions of this chapter and shall be subject to appropriate actions under § 515-206, Violations and penalties. In addition, failure to correct such breach within 30 days of written notification shall constitute reason for the Planning Commission to revoke the special land use permit.

(6) Conditions shall be continuing obligations and are binding on any heirs and assigns and upon any persons taking title to the affected property while such special land use permit is in effect.

(7) The discontinuance of a special land use after a specified time may be a condition to the issuance of a special land use permit. Renewal of a special land use permit shall be applied for in the manner specified in § 515-121C above.

D. General stipulations.

(1) Applications for special land use review and approval shall be made by a person or persons having an ownership interest in the land for which the special land use request is sought. All persons having ownership in the subject property shall sign the application prior to consideration by the Planning Commission.

(2) Special land use approval is valid for a period of one year. Site plan approval and commencement of construction of approved improvements shall commence within one year of the date of the Planning Commission's approval of the request, or the special land use approval and permit shall be automatically null and void. The Planning Commission may extend special land use approval and the associated special land use permit upon a finding of good cause for a period not to exceed six months from the date of expiration of the original approval. Requests for extension shall be made prior to expiration of the subject approval and permit.

(3) The record of the Planning Commission shall be the approved minutes of the Planning Commission meetings at which the special land use request was heard. Said record shall be available to the applicant and shall constitute notice of the Planning Commission's decision regarding the special approval request.

(4) The Planning Commission shall give notice of the time and place of required public hearings, as required by state law.

(5) All construction, improvement or use of a parcel of land shall be in complete conformance with a special land use approval and permit, including any conditions, and with the approved site plan.

(6) A special land use permit may be terminated by subsequent rezoning of the affected site to a district in which the special land use is a permitted principal land use, subject to any nonconforming use rights. Such termination may be initiated only after determination by the Planning Commission that the development status of the site is in accordance with the zoning standards and requirements of the district in which the site will be located after rezoning.

(7) No reapplication, reconsideration or rehearing of a special land use request which has been denied by the Planning Commission shall be considered until the expiration of one year from the date of denial, unless based upon proof of materially changed conditions or new information sufficient to warrant consideration by the Planning Commission. All reapplications shall be considered a new application and shall be reviewed in accordance with the provisions of this section.

(8) The applicant shall sign the motion of approval and conditions as acknowledgment and agreement to comply with the special land use approval and all conditions of approval. Said acknowledgment shall be received by the Village prior to issuance of any permits or authorizations to commence construction or activity under the special land use approval.

§ 515-123 Accessory apartments.

Accessory apartments may be permitted in certain districts, as specified in this chapter, in conformance with the following:

A. Single-family residential accessory apartments. One accessory apartment per single-family dwelling unit may be permitted in accordance with the following criteria:

(1) The principal dwelling unit must be in conformance with the provisions of this chapter.

(2) The principal dwelling unit or the accessory apartment shall be occupied by the owner of the lot or parcel upon which the single-family dwelling unit and accessory apartment are located.

(3) Exterior modifications to the structure shall not change the single-family character of the dwelling unit.

(4) Only one accessory apartment shall be permitted per lot or parcel and per single-family dwelling unit.

(5) One additional off-street parking space shall be provided, exclusive of the driveway, in conformance with the provisions of § 515-101.

(6) An accessory apartment shall contain a minimum of 400 square feet and shall not exceed 35% of the total floor area of the principal dwelling unit. No accessory apartment shall be permitted where the principal dwelling unit is not at least 768 square feet in total floor area.

(7) No accessory apartment shall include more than two bedrooms or exceed 650 square feet.

(8) Only one pedestrian entrance door shall face the street. Exterior stairways shall be architecturally compatible with the principal structure. The Planning Commission may require interior stairway access to second-floor accessory apartments or other architectural or design modifications to ensure compatibility of the proposed design with the building and adjacent properties.

B. Accessory apartments in the RO Residential Office and GBD General Business Downtown Districts.

(1) Accessory apartments shall only be permitted where the existing or proposed commercial building and use is in conformance with the provisions of this chapter.

(2) Accessory apartments shall be located only on the second story or, where proposed on the first floor, in the rear of the building.

(3) Off-street parking space shall be provided, exclusive of the driveway, in conformance with the provisions of § 515-101. Accessory apartments that do not have sufficient space for parking on site may seek approval of one of the following options:

(a) Parking space on nearby private property by ownership or lease arrangement, provided such property shall not be zoned for single-family residential purposes and said parking space shall be available for the exclusive use of the apartment in perpetuity or until the apartment use is terminated.

(b) Overnight permit parking in a Village-owned public parking lot.

(4) Only one pedestrian entrance door shall face the street. Exterior stairways shall be architecturally compatible with the principal structure. The Planning Commission may require interior stairway access to second-floor accessory apartments or other architectural or design modifications to ensure compatibility of the proposed design with the building and adjacent properties.

§ 515-124 Agricultural implement sales and service facilities.

Agricultural implement sales and service facilities may be permitted in the LI Light Industrial or HI Heavy Industrial District, subject to the following:

A. All such uses shall be located on a principal arterials, minor arterials and collector streets.

B. All buildings, vehicle storage areas, equipment and the like shall be set back a minimum of 50 feet from any property line, including rights-of-way.

C. One display area is permitted adjacent to the right-of-way within the fifty-foot setback in Subsection B above, not to exceed 400 square feet in area for every 250 lineal feet of lot width. Said area(s) shall be designated on the site plan.

D. Signs shall be in accordance with Article XIX.

E. Off-street parking shall be provided in accordance with § 515-101.

F. Site lighting shall be in accordance with § 515-90G.

G. Where the proposed facility abuts residentially zoned property, a landform buffer, buffer strip, or screen wall/fence and adjacent greenbelt shall be required along the property line in accordance with § 515-91. The Planning Commission may require additional screening or landscaping where the Planning Commission determines it is necessary to prevent negative impacts on adjacent properties and rights-of-way.

H. The Planning Commission shall also consider conformance with § 515-150, Outdoor sales lots, in reviewing the request and may apply conditions designed to ensure conformance with the criteria in § 515-122 where the Planning Commission finds application of the criteria to be appropriate.

§ 515-125 Bed-and-breakfast facilities.

A bed-and-breakfast inn may be permitted in certain districts, as specified in this chapter, in conformance with the following:

A. The bed-and-breakfast facility shall be clearly subordinate to the use of the principal residence as the owner's principal residence. Not more than 40% of the gross floor area of the dwelling unit may be devoted to guest rooms. All bed-and-breakfast rooms shall be located within the primary dwelling on the same site. No accessory buildings or second dwelling unit on the same site shall in any way be used in conjunction with a bed-and-breakfast inn.

B. All guest rooms shall be a minimum of 100 square feet.

C. All guest rooms shall be equipped with a smoke detector alarm.

D. Lavatory and bathing facilities shall be provided for all overnight guests.

E. The bed-and-breakfast inn shall have a minimum of two means of exit directly to the outside. A floor plan and elevation drawings shall be provided to demonstrate conformance with this requirement.

F. There shall be no exterior alterations to the dwelling which are not customary to other dwellings in the Village. If guest rooms are not part of the original structure, plans for the addition(s), prepared and sealed by a registered architect, shall be submitted with the application. The Planning Commission shall determine that the proposed addition(s) are compatible in style and design with the original structure, and that the added room(s) could be utilized for single-family residential use should the bed-and-breakfast inn be discontinued.

G. Off-street parking shall be provided at a ratio of one space per bed-and-breakfast room. The parking spaces shall be designed to maintain the residential character of the site.

H. Signs shall be in conformance with Article XIX.

I. The maximum length of stay for overnight guests shall be 14 days.

J. The application shall include written verification from the County Health Department that the existing or proposed sewage disposal system is adequate for the proposed use.

K. Any change in ownership of the site shall require written notification to the Village Clerk 30 days prior to the transfer of title.

L. The applicant shall arrange, at the applicant's expense, inspection of all units proposed for bed-and-breakfast units by the Village's Zoning Administrator and Building Inspector prior to review by the Planning Commission. These reports shall be included with the application.

§ 515-126 *Bulk petroleum storage. [1]

A. The site shall have direct access onto a principal or minor arterial.

B. All equipment shall be set back a minimum of 250 feet from any district which permits residential uses and 100 feet from any property line.

C. The application shall include a written report which documents conformance with the performance standards in § 515-90, the groundwater protection standards and the storage of hazardous substances standards in § 515-100, Site plan review.

D. The location, size and type of all aboveground and underground storage tanks and piping shall be noted on the site plan. All tanks shall have appropriate secondary containment and leak detection which shall be noted on the site plan. All tanks shall be registered and otherwise comply with all state and local codes. (See § 515-100E.)

E. The storage area shall be screened from view from any adjoining nonindustrial zoning district or from any public street by a landform buffer or screen wall and adjacent greenbelt in conformance with § 515-91.

F. All facilities shall be approved by the Fire Department as being in compliance with all federal, state and local regulations.

G. A hazardous materials spill contingency plan shall be submitted for approval by the Planning Commission. The plan shall specify response methods, cleanup methods, disposal methods and fire containment methods.

H. Performance guarantee.

(1) Prior to commencement of construction, the applicant shall post a performance guarantee in accordance with § 515-205 with the Village Clerk in a form approved by the Village Council and in an amount of the cost of reclamation and restoration to return the site to its original condition. The cost of the work shall be estimated by the Village Engineer, as approved by the Village Council. The Engineer's estimate shall be based upon a review of the site plan and shall be in an amount sufficient to cover the cost of restoration of the site in the event the operation is abandoned.

(2) The performance guarantee shall be without a date of termination and shall run indefinitely, provided that it may contain a cancellation clause providing that the applicant may cancel the performance guarantee by giving the Village 30 days' written notice. The performance guarantee shall be kept in full force and effect until the area covered by the bond has been restored (materials removed and site restored to its original condition).

(3) In the event that the performance guarantee is canceled, the applicant shall provide a replacement performance guarantee within 30 days of notice of cancellation, and in the event no replacement is so provided, the applicant's approval shall be null and void and all activities shall immediately terminate and the applicant shall immediately begin reclamation or restoration. If he or she fails to do so, the Village Council may cause the necessary work to be completed and the necessary and reasonable costs and expenses so incurred or expended, including also the incidental administrative and legal costs, shall be the obligation of and paid by the applicant.

(4) Upon satisfactory completion of reclamation and restoration work by the applicant, the Village shall issue a certificate of completion and the performance guarantee shall be canceled or returned by the Village.

[1] Editor's Note: Special land uses that have an asterisk (*) are required to submit a community impact statement in accordance with the Community Impact Statement Outline adopted by resolution of the Village Council.

§ 515-127 Campgrounds.

Campgrounds may be permitted in certain districts, as specified in this chapter, subject to the following:

A. Minimum site area for a campground shall be 20 acres.

B. Only tents, campers, trailers, camping units, or travel trailers shall be permitted. No mobile homes, cabins or other permanent residential structures for use by patrons are permitted. No individual tent or other camping unit shall occupy a site in the facility for more than 30 days in a calendar year. No person, other than the owner/operator or a caretaker, shall occupy any site or reside at the campground for more than 30 days in a calendar year.

C. Accessory commercial uses, such as convenience stores, gift shops, propane sales, laundry services and the like shall be housed in a single building and designed to serve the needs of patrons at the campground. Off-street parking and screening and landscaping shall be provided in accordance with §§ 515-101 and 515-91, respectively.

D. Where the campground abuts single-family residential districts, the site shall be appropriately fenced, as determined by the Planning Commission.

E. The active campground use areas, such as entrance building, convenience building, recreation areas, campsites and the like, shall be a minimum of 100 feet from any property line.

F. Where the campground is adjacent to any single-family residential district, a landform buffer, buffer strip, or screening wall/fence with adjacent greenbelt shall be provided along the property line(s) in accordance with § 515-91. The Planning Commission may require additional screening or landscaping where the Planning Commission determines it is necessary to prevent negative impacts on adjacent properties and rights-of-way.

§ 515-128 Cemeteries.

Cemeteries may be permitted in certain districts, as specified in this chapter, subject to the following:

A. Minimum site size shall be 20 acres with a minimum lot width of 330 feet.

B. There shall be no burial plots within 25 feet of any property line.

C. No service building shall be located closer than 100 feet to any property line. All service and storage yards shall be screened from view by a landform buffer strip, buffer strip, or screen wall and adjacent greenbelt in conformance with the provisions in § 515-91.

D. On all sides abutting property in a district that permits residential uses, there shall be a landscaped greenbelt at least 25 feet wide, in accordance with § 515-91.

§ 515-129 *Central dry-cleaning plants. [1]

Central dry-cleaning plants may be permitted in certain districts, as specified in this chapter, subject to the following:

A. The site plan submittal shall include a floor plan which details the location of all storage areas for hazardous/toxic materials and the method of secondary containment proposed in conformance with § 515-100E.

B. All truck loading/unloading areas shall be located within a side or rear yard and shall be a minimum of 50 feet from any property line.

[1] Editor's Note: Special land uses that have an asterisk (*) are required to submit a community impact statement in accordance with the Community Impact Statement Outline adopted by resolution of the Village Council.

§ 515-130 Commercial broadcast and wireless communication facilities.

Commercial broadcast and wireless communication facilities may be permitted in certain districts, as specified in this chapter, subject to the following:

A. Standards and conditions applicable to all commercial broadcast and wireless communication facilities.

(1) Facilities shall not be demonstrably injurious or otherwise detrimental to the public safety and welfare.

(2) Facilities shall be located and designed to be harmonious with the surrounding areas. The use of monopole towers shall be required unless the applicant demonstrates that monopole towers are not feasible for the proposed use.

(3) Wireless communication facilities shall comply with applicable federal and state standards relative to the environmental effects of radio frequency emissions.

(4) Applicants shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs which might result in lower height.

(5) The following additional standards shall be meet:

(a) The maximum height of the support structure and antenna shall be the minimum height demonstrated to be necessary for reasonable communication by the applicant (and by other entities to co-locate on the structure). Accessory buildings shall be limited to the maximum height for accessory structures within the respective district.

(b) The setback of the support structure from any property line and existing or proposed road right-of-way line shall be at least the height of the highest point of the support structure. Multiple towers on the same parcel or adjoining parcels shall each meet the above criteria and be separated from any other tower for a distance at least equal to the height of the tallest tower.

(c) There shall be unobstructed access to the facility for operation, maintenance, repair and inspection (may be provided by an easement).

(d) The division of property for the purpose of locating a wireless communication facility is prohibited unless all zoning requirements and conditions are met.

(e) Rooftop wireless communication facilities shall be architecturally compatible with the principal building.

(f) The Village may regulate the color of the support structure and all accessory buildings to minimize distraction, maximize aesthetic appearance, and ensure compatibility with surroundings, subject to regulations of the Federal Aviation Administration.

(g) Support structures shall be constructed in accordance with applicable building codes. A soils report from a civil or structural engineer licensed in the State of Michigan shall be submitted. This report shall include soil borings and confirmation of the suitability of soils for the proposed use. Federal Aviation Administration, Federal Communication Commission, and Michigan Aeronautics Commission requirements shall be noted.

(h) A maintenance plan, and any applicable maintenance agreement, shall be presented and approved as part of the site plan for the proposed facility.

(i) A landform buffer, buffer strip, or screen wall and adjacent greenbelt shall be provided in accordance with § 515-91. If chain-link or similar fencing is proposed around the equipment shelter or building, it shall be dark green chain-link fencing material. The Planning Commission, after considering the type, size and height of all equipment being proposed, may require additional landscaping or screening where the Planning Commission determines it is necessary to minimize the impact on adjacent properties.

(j) Where employees will be stationed at the facility on a permanent or intermittent basis, adequate off-street parking shall be constructed with an asphalt or concrete surface in conformance with § 515-101.

(k) There shall be no outdoor storage of equipment and/or materials which are not necessary for daily operations, except those which are necessary for safety or emergency repairs at that particular site.

(6) The application shall include a certification by a State of Michigan licensed professional engineer regarding the manner in which the proposed structure will fall.

(7) The application shall include a description of security to be posted at the time of receiving a building permit to ensure removal of the facility when it has been abandoned or is no longer needed. The security shall be in the form of cash, surety bond, letter of credit or an agreement in a form approved by the Village Attorney and recordable at the Register of Deeds, establishing a promise of the applicant and owner of the property to remove the facility in a timely manner as required under this section of the chapter. The applicant and owner shall be responsible for the payment of any costs and attorneys' fees incurred by the Village in securing removal.

(8) The application shall include a map showing existing and known proposed wireless communication facilities within the Village and areas surrounding the Village. If the information is on file with the Village, the applicant shall update as needed. Any such information which is a trade secret and/or other confidential commercial information may be submitted with a request for confidentiality in connection with the development of governmental policy. This chapter shall serve as the promise to maintain confidentiality to the extent permitted by law. The request for confidentiality must be made in writing.

(9) The applicant shall provide the name, address and phone number of the person to contact for all engineering, maintenance and other notice purposes. This information shall be continuously updated while the facility is on the premises.

B. Standards and conditions applicable to special land uses. In addition to the provisions in Subsection A above, all wireless communication facilities which are placed on new towers or other new structures and are located outside the LI, HI or the IO District shall be reviewed as special land uses. All uses which require special land use approval shall conform with the following.

(1) The applicant shall demonstrate the need for the proposed facility to be located as proposed based upon the presence of one or more of the following factors:

(a) Proximity to major thoroughfares.

(b) Population concentrations.

(c) Business centers.

(d) Signal interference.

(e) Topography.

(f) Other specifically identified reason(s) creating facility need.

(2) The proposal shall be reviewed in conformity with the co-location requirements of Subsection D below.

C. Special requirements for wireless communication facilities proposed outside districts where they are principal permitted uses or permitted after special land use approval. Applications for facilities which are not permitted uses under § 515-112 and which are proposed to be located outside of a district where they are permitted as a special land use shall conform with the following standards, along with those in Subsections A and B above:

(1) The applicant shall demonstrate that a location within a district where the facility is permitted as a principal or special land use cannot reasonably meet the coverage and/or capacity needs of the applicant.

(2) Wireless communication facilities shall be of a design such as (without limitation) a steeple, bell tower, or other form which is compatible with the existing character of the proposed site, neighborhood and general area, as approved by the Village.

(3) The applicant shall seek to locate the facility at one of the following sites (not in any priority), subject to application of all other standards contained in this section:

(a) Municipally owned site.

(b) Other governmentally owned site.

(c) Religious or other institutional site.

(d) Public park and other large permanent open space areas, when compatible.

(e) Other locations if none of the above is available.

D. Requirements for co-location.

(1) A permit for the construction and use of a new wireless communication facility shall not be granted unless and until the applicant demonstrates that co-location is not feasible.

(2) All new and modified wireless communication facilities shall be designed and constructed so as to accommodate co-location.

(3) The policy of the Village is for co-location. Thus, if a party who owns or otherwise controls a wireless communication facility shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible co-location, such facility shall be deemed to be a nonconforming structure and use.

(4) If a party who owns or otherwise controls a wireless communication facility shall fail or refuse to permit a feasible co-location, and this requires the construction and/or use of a new wireless communication facility, the party failing or refusing to permit a feasible co-location shall be deemed to be in direct violation and contradiction of the policy, intent and purpose of the Village and consequently such party shall take responsibility for the violation and shall be prohibited from receiving approval for a new wireless communication support structure within the Village for a period of five years from the date of the failure or refusal to permit the co-location. Applicants to the Zoning Board of Appeals regarding this provision must demonstrate that enforcement of the five-year prohibition would unreasonably discriminate among providers of functionally equivalent wireless communication services or would have the effect of prohibiting the provision of personal wireless communication services.

(5) Incentive. Review of an application for co-location on an existing structure in any nonresidential district shall be a principal permitted use and shall be reviewed and approved administratively by the Zoning Administrator upon receiving a positive recommendation from the Village Planner and Village Engineer.

E. Removal.

(1) A condition of every approval of a wireless communication facility shall be adequate provision for removal of all or part of the facility by users and owners upon the occurrence of one or more of the following events:

(a) When the facility has not been used for 180 days or more. For purposes of this section, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of nonuse.

(b) Six months after new technology is available at reasonable cost, as determined by the Planning Commission, which permits the operation of the communication system without the requirement of the support structure.

(2) The situations in which removal of a facility is required, as set forth in Subsection E(1) above, may be applied and limited to portions of a facility.

(3) Upon the occurrence of one or more of the events requiring removal the property owner or persons who had used the facility shall immediately apply for any required demolition or removal permits and immediately proceed with and complete the demolition/removal.

(4) If the required removal of a facility or a portion thereof has not been lawfully completed within 60 days of the applicable deadline, and after at least 30 days' written notice, the Village may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn, collected and/or enforced from or under the security posted at the time of application.

§ 515-131 *Commercial greenhouse/nursery. [1]

A commercial greenhouse or nursery may be permitted in certain districts, as specified in this chapter, subject to the following:

A. Accessory retail sales shall be limited to only those products which are grown or which are clearly incidental and accessory to sales of grown materials, such as, but not limited to, potting soil, household fertilizers, planters and horticultural books.

B. All areas for customer and employee parking shall be set back at least 75 feet from all property lines.

C. All greenhouse buildings shall be set back at least 50 feet from any property line.

D. All service and storage areas for equipment and materials shall be set back at least 50 feet from any property line and shall be screened from view by a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with § 515-91.

[1] Editor's Note: Special land uses that have an asterisk (*) are required to submit a community impact statement in accordance with the Community Impact Statement Outline adopted by resolution of the Village Council.

§ 515-132 Commercial indoor recreation.

Commercial indoor recreation uses may be permitted in certain districts, as specified in this chapter, subject to the following:

A. All off-street parking shall be screened by a landform buffer, buffer strip, or screen wall/fence and adjacent greenbelt in accordance with § 515-91.

B. The site shall have direct access to a major or secondary thoroughfare.

C. The Planning Commission may regulate the hours of operation as a condition of the special land use approval and permit.

D. Any outdoor recreational activities shall comply with § 515-133, Commercial outdoor recreation.

§ 515-133 Commercial outdoor recreation.

Commercial outdoor recreation, such as golf courses, golf driving ranges, miniature golf, batting practice cages, water slide parks, tourist-oriented outdoor amusements, and similar uses, may be permitted in certain districts, as specified in this chapter, subject to the following:

A. No activities, parking or structures shall be located within 100 feet of an abutting single-family residential district or within 50 feet of any property line.

B. Use of loudspeaker or public address systems for broadcasting music or continuous announcements shall be prohibited. Any proposed public address system shall be described in writing as a part of the application for special land use approval and shall be detailed on the site plan as to location of speakers, direction of speakers, duration/frequency of use, and time(s) of use.

C. An outdoor lighting plan shall specify the type of fixtures to be used, light intensity, and method of shielding the fixtures so that light does not project onto adjoining properties or any public or private street or right-of-way. The site plan shall detail this information.

D. Hours of operation shall be included in writing as a part of the application for special land use approval. Hours of operation may be restricted by the Planning Commission in order to reduce the impact of the proposed use on abutting residential areas.

E. All protective fencing/netting locations shall be detailed on the site plan. The Planning Commission may regulate type, size and location of said fencing/netting for aesthetic, visibility and safety purposes.

F. All service and storage areas for equipment and materials shall be set back at least 50 feet from any property line and shall be screened from view by a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with § 515-91.

G. All parking areas shall be screened from adjoining properties by either a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with § 515-91.

H. The Planning Commission may require additional screening in conformance with § 515-91 where the Planning Commission determines such screening is necessary to reduce the impact of the proposed use on adjacent properties or rights-of-way.

I. See § 515-138 for equestrian stables and riding academies; § 515-127 for campgrounds; § 515-157 for shooting ranges and gun clubs.

§ 515-134 *Concrete and asphalt plants. [1]

Concrete and asphalt plants may be permitted in certain districts, as specified in this chapter, subject to the following:

A. The applicant shall demonstrate that the plant location is appropriate, based on the source of sand and aggregate materials for the plant. A market study shall be included which demonstrates the need for the specific facility proposed to serve the surrounding area.

B. The site plan shall demonstrate, supported by a written report submitted by the applicant, strict compliance with all local, county, state and federal requirements for air, groundwater and surface water quality. In particular, the written report shall address compliance with the performance standards in § 515-90, and the groundwater protection standards and the storage of hazardous substances standards in § 515-100, Site plan review.

C. The anticipated life of the plant, in years, shall be specific and tied to the operator's anticipated local reserves of the sand and aggregate materials for the plant.

D. The site shall have direct access to a paved regional or major thoroughfare.

E. All plant equipment shall be set back a minimum 1,320 feet from any district which permits residential uses and 250 feet from any property line.

F. The plant itself shall be screened on all property lines by a fifty-foot-wide landform buffer, buffer strip, or screen wall/fence and adjacent greenbelt in conformance with § 515-91. The Planning Commission may require additional landscaping or screening where the Planning Commission determines that it is necessary to prevent negative impact on adjacent properties or rights-of-way.

G. The special land use permit for a concrete or asphalt plant shall be reviewed by the Planning Commission every two years at a minimum. At least 30 days prior to transferring a permit for a concrete or an asphalt plant, the operator shall notify the purchaser of all conditions of the permit and shall notify the Village of the name, address and phone number of the new owner/operator.

H. Performance guarantee.

(1) Prior to commencement of construction, the applicant shall provide a performance guarantee, in accordance with § 515-205 in a form approved by the Village Council and in an amount of the cost of reclamation and restoration to return the site to its original condition. The cost of the work shall be estimated by the Village Engineer, as approved by the Village Council. The Engineer's estimate shall be based upon a review of the site plan and shall be in an amount sufficient to cover the cost of restoration of the site in the event the operation is abandoned.

(2) The performance guarantee shall be without a date of termination and shall run indefinitely, provided that it may contain a cancellation clause providing that the Village is given 30 days' written notice. The performance guarantee shall be kept in full force and effect until the area covered has been restored (materials removed and site restored to its original condition).

(3) In the event that the applicant cancels the performance guarantee, the applicant shall provide a replacement performance guarantee within 30 days of notice of cancellation, and in the event no replacement is so provided, the applicant's approval shall be null and void and all activities shall immediately terminate and the applicant shall immediately begin reclamation or restoration. If he or she fails to do so, the Village Council may cause the necessary work to be completed, and the necessary and reasonable costs and expenses so incurred or expended, including also the incidental administrative and legal costs, shall be the obligation of and paid by the applicant.

(4) Upon satisfactory completion of reclamation and restoration work by the applicant, the Village shall issue a certificate of completion, and the performance guarantee shall be canceled or returned by the Village.

I. Temporary concrete or asphalt plants which are proposed in conjunction with a specified road improvement or other large-scale public works project may be permitted by the Planning Commission in conformance with this section, subject to the following:

(1) The proposed asphalt or concrete plant shall be clearly incidental and a required accessory use to the primary public works activity.

(2) The facility shall be temporary and shall be utilized solely for production of materials used directly for the identified project.

(3) The facility shall be removed at the completion of the identified project and the site shall be restored. The Planning Commission shall, as a condition of the special land use permit, require submission and conformance with a restoration plan for the site.

(4) The temporary use of a site under the provisions of this subsection shall not be construed as granting any vested right or nonconforming status for such use on a site.

[1] Editor's Note: Special land uses that have an asterisk (*) are required to submit a community impact statement in accordance with the Community Impact Statement Outline adopted by resolution of the Village Council.

§ 515-135 Convalescent or rest home.

A convalescent or rest home may be permitted in certain districts, as specified in this chapter, subject to the following:

A. All vehicular ingress and egress shall be directly onto a major or secondary thoroughfare.

B. The minimum site size shall be two acres.

C. All buildings shall be set back at least 50 feet from all property lines.

D. All parking areas shall be set back a minimum of 50 feet from all property lines. All parking areas shall be screened from adjoining properties by either a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with § 515-91.

E. There shall be an outdoor recreation area for the use of residents. Said outdoor area may be located in such areas as gardens, patios, decks, open space, walking paths, and the like. Recreation space must be fully accessible to residents and of barrier-free design.

F. All service and storage areas for equipment and materials shall be screened from view by a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with § 515-91.

§ 515-136 Drive-through facilities.

Because of the auto-oriented character of drive-through facilities and similar establishments, they shall be permitted in certain districts, as specified in this chapter, provided the following conditions are met:

A. A building setback of at least 50 feet from the existing street right-of-way (whichever is greater) shall be maintained.

B. Ingress and egress points shall be located at least 100 feet from the intersection of any two street right-of-way lines or any abutting residential district.

C. An outdoor lighting plan shall specify the type of fixtures to be used, light intensity, and method of shielding the fixtures so that light does not project onto adjoining properties or any public or private street or public right-of-way. The site plan shall detail this information.

D. All drive-through lanes and vehicle queuing areas shall be screened from adjacent properties by a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with § 515-91.

E. All parking areas shall be screened from adjoining properties by either a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with § 515-91.

F. The Planning Commission may require additional screening in conformance with § 515-91 where the Planning Commission determines such screening is necessary to reduce the impact of the proposed drive-through use on adjacent properties or rights-of-way.

G. All vehicle maneuvering and queuing areas shall be designed to accommodate all vehicles on site. No right-of-way may be utilized for the stacking or maneuvering of vehicles in conjunction with the drive-through facility.

H. All speakers and communication systems shall be described in writing as a part of the application for special land use approval. The site plan shall detail the location of all speakers and communication system components. All such systems shall be designed to restrict volume levels to the minimum necessary to service the immediate area of intended communication and shall not permit communications to be audible at the property line. The Planning Commission may require limitations on hours of operation, additional buffering or redesign of any communication system to eliminate impact on adjacent property.

§ 515-137 *Educational institutions. [1]

Educational institutions including preschools, elementary, middle and high schools, colleges, universities and other such institutions of higher learning for profit and nonprofit, offering courses in general, technical, or religious education may be permitted in certain districts, as specified in this chapter, subject to the following:

A. All ingress and egress from said site shall be directly onto a principal arterial, minor arterial, or collector street.

B. No building shall be closer than 50 feet to any property line and/or existing or proposed public right-of-way.

C. All parking, service and storage areas shall be screened from view by a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with § 515-91.

D. All areas for student and staff parking shall be set back at least 35 feet from an abutting residential district or residential use and shall be screened from view by a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with § 515-91.

E. Minimum parcel size shall be five acres.

F. The layout of all parking lots, driveways, waiting areas and loading zones shall be designed with pedestrian safety as the primary consideration.

G. An adequate dropoff area and waiting spaces shall be provided so vehicles and school buses are not standing or queuing in a public right-of-way or blocking ingress or egress to the site.

[1] Editor's Note: Special land uses that have an asterisk (*) are required to submit a community impact statement in accordance with the Community Impact Statement Outline adopted by resolution of the Village Council.

§ 515-138 Equestrian stables and riding academies.

Private or commercial stables and riding academies may be permitted in certain districts, as specified in this chapter, subject to the following:

A. Private equestrian stables. Where the stable is utilized solely for horses and ponies belonging to the property owner, and where no boarding or other equestrian activity of any kind is offered to persons or organizations not in the immediate family of the property owner, no special approval is required. The private stable is subject to the provisions of § 515-155, Raising and keeping of animals.

B. Commercial equestrian stables and riding academies. Commercial equestrian stables and riding academies, where permitted by this chapter, shall conform with the following:

(1) The minimum site size shall be 20 acres.

(2) All buildings, corrals, and other enclosures for animals shall be a minimum of 250 feet from any single-family residential district and 150 feet from any other property line or right-of-way.

(3) All manure or other wastes produced or generated by raising or keeping of farm animals shall be stored in a fashion which reduces the nuisance impact of said wastes on adjacent properties. No wastes shall be stockpiled for a period to exceed 120 days and no wastes shall be stockpiled closer than 125 feet from any property line. This subsection shall not be construed as preventing the spreading of manure as fertilizer in conjunction with an agricultural operation.

(4) All farm animals shall be adequately fenced or corralled to prevent them from roaming off site.

(5) There shall be no outdoor storage of customer's trailers or other vehicles for transporting horses. Storage of the owner's trailers and vehicles shall be permitted in conformance with § 515-98.

(6) The application for special land use approval shall include a written statement of the number of horses and ponies which will be accommodated, the nature and duration of any equestrian events which will be held, the planned or agreed use of any other properties for riding or pasturing, and any agreements or arrangements with any equestrian clubs, groups or organizations for use of the facilities.

(7) Off-street parking shall be provided in accordance with a ratio of one space for each boarding stall. In addition, the site plan shall demonstrate adequate off-street parking to accommodate parking resulting from any approved equestrian events or activities which will generate customer or spectator parking in excess of the customary and incidental parking demand.

§ 515-139 *Extraction, soil removal and mining operations. [1]

Extraction, soil removal and mining operations may be permitted in certain districts, as specified in this chapter, subject to the following:

A. The Planning Commission shall review the request for special land use approval in conformance with § 515-122, Application procedures and review standards. In addition, the proposed use shall comply with other standards of the Village of New Haven related to mineral extraction operations.

B. All extraction, soil removal and mining operations shall demonstrate by the submission of a reclamation plan drawing (minimum scale of one inch equals 100 feet) that rehabilitation of the subject parcel, after operations are complete, will leave the property suitable for future development with one of the permitted uses in that particular zoning classification.

C. The Planning Commission may require additional screening, landscaping, or setbacks to buildings or use areas where the Planning Commission determines such conditions necessary to prevent negative impact on adjoining properties or rights-of-way.

D. Granting of a special land use approval and permit by the Planning Commission does not authorize the applicant to proceed with development of the site and commencement of mining activities. Should the Planning Commission grant special land use approval, the applicant shall proceed with application for a license to operate under the Village's code of ordinances regulating mineral extraction operations.

[1] Editor's Note: Special land uses that have an asterisk (*) are required to submit a community impact statement in accordance with the Community Impact Statement Outline adopted by resolution of the Village Council.

§ 515-140 *Foundries.

A. The minimum site size shall be four acres with a minimum lot width of 200 feet.

B. All operations shall be conducted within a completely enclosed building.

C. The site shall have direct access onto a principal or minor arterial.

D. All plant equipment shall be set back a minimum of 250 feet from any district which permits residential uses and 100 feet from any property line.

E. The application shall include a written report which documents conformance with the performance standards in § 515-90, and the groundwater protection standards and the storage of hazardous substances standards in § 515-100E.

F. The site shall be screened on all property lines by a fifty-foot-wide landform buffer, buffer strip, and screen wall/fence in conformance with § 515-91. The Planning Commission may require additional landscaping or screening where the Planning Commission determines that it is necessary to prevent negative impact on adjacent properties or rights-of-way.

§ 515-141 Funeral homes.

Funeral homes may be permitted in certain districts, as specified in this chapter, subject to the following:

A. The site shall have direct access to a principal arterial, minor arterial, or collector street.

B. The minimum site size shall be two acres on a contiguous parcel.

C. All parking areas shall be screened from adjoining properties by either a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with § 515-91.

D. The site plan shall include a floor plan of the proposed structure(s) for use in determining required parking.

§ 515-142 Group day-care homes.

A. Group day-care homes shall be permitted in certain districts, as specified in this chapter, subject to meeting the standards contained in this section.

B. Location. The proposed use shall not be located closer than 1,500 feet to any of the following facilities, as measured along a street, road or other thoroughfare, excluding an alley:

(1) Another licensed group day-care home.

(2) Another adult foster care small group home or large group home, licensed by the State of Michigan.

(3) A facility offering substance abuse treatment and rehabilitation service to seven or more people, whether or not it is licensed by the State of Michigan.

(4) A community correction center, resident home, halfway house, or other similar facility which houses an inmate population under the jurisdiction of the Department of Corrections or a similar governmental authority.

C. Yard and placement requirements.

(1) Front, rear and side yard minimums shall be the same as the residential district in which it is located.

(2) Maximum lot coverage: same as for the district in which the use is located.

D. Environmental provisions and parking requirements. Environmental provisions and parking requirements shall be as required in this chapter.

(1) On-site parking shall be provided for all employees, in addition to the required off-street parking for the residence. No off-street parking shall be permitted in the required front yard space.

(2) Decorative fencing shall be required next to residential uses or districts in accordance with this chapter and shall enclose all outdoor play areas.

E. Character of development. The requested site and building shall be consistent with the visible characteristics of the neighborhood. The group day-care home shall not require the modification of the exterior of the dwelling nor the location of any equipment in the front yard.

F. Signage. The use may have one nonilluminated sign, not to exceed two square feet in area, and shall display only the name and address of the group day-care home.

G. Hours of operation. Operating hours shall not exceed 16 hours during a twenty-four-hour period. Further, operating hours shall be limited from 6:00 a.m. to 11:00 p.m. daily.

H. Inspection. The proposed use, if approved, shall be inspected for compliance with these standards prior to occupancy and at least once each year thereafter within 10 days of the anniversary of the certificate of occupancy.

§ 515-143 *Hospitals. [1]

Hospitals may be permitted in certain districts, as specified in this chapter, subject to the following:

A. The minimum site area shall be 10 acres.

B. The proposed site shall be located on a paved principal or minor arterial street, with all vehicular access provided from the principal or minor arterial.

C. All drives shall be located a minimum of 50 feet from any adjacent property. Any drive which accommodates emergency access shall be a minimum of 100 feet from any adjacent property.

D. All service areas and emergency vehicle access areas shall be designed to minimize the impact on adjacent properties. The Planning Commission may require locational, directional, landscaping or screening modifications to ensure that these areas do not negatively impact adjacent properties or rights-of-way.

E. All drives shall be designed to separate vehicular and pedestrian traffic.

F. Parking and service areas shall be screened in conformance with § 515-91. The Planning Commission may require additional landscaping or screening where the Planning Commission determines it is necessary to reduce negative impacts on adjacent properties or rights-of-way.

G. A lighting and public address system plan shall be included with the site plan to ensure conformance with § 515-90, Performance standards.

[1] Editor's Note: Special land uses that have an asterisk (*) are required to submit a community impact statement in accordance with the Community Impact Statement Outline adopted by resolution of the Village Council.

§ 515-144 Hotels and motels.

Hotels and motels may be permitted in certain districts, as specified in this chapter, subject to the following:

A. All vehicular ingress and egress shall be directly onto a major or secondary thoroughfare. All drives shall be a minimum of 25 feet from any district which permits residential uses.

B. The minimum site size shall be two acres.

C. All buildings shall be set back at least 50 feet from all property lines, except within the GBD District.

D. All parking areas shall be set back a minimum of 50 feet from all property lines, except within the GBD District. All parking areas shall be screened from adjoining properties by either a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with § 515-91.

E. Any outdoor recreation area for the use of overnight guests shall be detailed on the site plan and shall be designed to minimize the visual or noise impacts of the outdoor activity on adjacent property. All such areas shall be accessible to only overnight guests and shall be of barrier-free design.

F. All service and storage areas for maintenance equipment shall be screened from view by a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with § 515-91.

G. The Planning Commission may require additional screening, buffering or landscaping along any property line where the Planning Commission determines such additional improvements would be necessary to reduce the impact on adjoining properties. Said screening, buffering or landscaping shall be in accordance with § 515-91.

§ 515-145 *Kennels. [1]

Private and commercial kennels, veterinary offices with outdoor runs or animal use areas, and animal hospitals may be permitted in certain districts, as specified in this chapter, subject to the following:

A. Private kennels.

(1) All private kennels, where permitted after special land use approval, shall be considered a residential accessory use. All outdoor runs, pens and structures shall be in conformance with § 515-78, Accessory buildings and structures. For purposes of this section, "accessory building" shall include fenced pens, cages and other structures designed, intended or used for the housing or use of animals.

(2) Private kennels shall not be located on a parcel or lot of less than two acres.

(3) All animal use areas shall be completely fenced by a minimum six-foot-high fence and shall be located only in a rear yard.

(4) All animals shall be adequately housed, fenced and maintained so as not to be or become a public or private nuisance. The premises shall be maintained in such a manner so as not to be harmful to surrounding properties or create any hazard or detriment to public health, safety or general welfare.

(5) No breeding, grooming, training, boarding or veterinary activities shall be permitted in conjunction with any private kennel.

(6) The proposed private kennel facilities shall be located and designed to reduce the negative impact of noise on adjacent properties.

(7) Any special land use approval or permit for a private kennel granted by the Planning Commission under this section shall terminate immediately when the lot area requirements herein set forth are decreased in any manner or the provisions of this chapter violated.

(8) The Planning Commission may require screening, buffering or landscaping along any property line which abuts a single-family residential district or which contains an existing single-family house. Said screening, buffering or landscaping shall be in accordance with § 515-91.

B. Commercial kennels; veterinarian clinics with outdoor animal use areas.

(1) The proposed site shall abut a principal arterial, minor arterial or collector street.

(2) All pens and runs shall be completely fenced by a minimum six-foot-high fence or masonry wall, located only in a rear yard, and set back a minimum 20 feet from any property line. Where the proposed commercial kennel is located in any district which abuts a single-family residential district all pens and runs shall be within a completely enclosed building.

(3) All breeding areas shall be within a completely enclosed building.

(4) All animals shall be adequately housed, fenced and maintained so as not to be or become a public or private nuisance. The premises shall be maintained in such a manner so as not to be harmful to surrounding properties or create any hazard or detriment to public health, safety or general welfare.

(5) Commercial kennels shall provide one off-street parking space for each five kennel runs in addition to the parking required for other uses in accordance with § 515-101.

(6) The proposed commercial kennel facilities shall be located and designed to reduce the negative impact of noise on adjacent properties.

(7) In addition to the screening and landscaping requirements specified in § 515-91, the Planning Commission may require additional screening where the Planning Commission determines such screening is necessary to reduce the impact of the proposed commercial kennel on adjacent properties or rights-of-way.

[1] Editor's Note: Special land uses that have an asterisk (*) are required to submit a community impact statement in accordance with the Community Impact Statement Outline adopted by resolution of the Village Council.

§ 515-146 Limited (hobby) farms.

A. The minimum site size shall be 10 acres.

B. Farming activities shall be limited to growing crops and raising of livestock in a manner consistent with the Village character. Agribusinesses, chicken farms, feedlots and similar intensive agricultural uses shall not be permitted.

C. The raising and keeping of large animals shall be in accordance with § 515-155.

D. All limited (hobby) farms shall be maintained and operated in conformance with generally accepted farming practices to minimize the negative impacts of an aspect of the farm operation on adjacent properties.

§ 515-147 Lumber and planing mills.

Lumber and planing mills may be permitted in certain districts, as specified in this chapter, subject to the following:

A. The use shall be completely enclosed with no activities occurring outdoors except ancillary storage, loading and unloading of raw materials and finished products.

B. Outdoor storage yards associated with the use(s) shall be located in conformance with § 515-152.

§ 515-148 *Motor freight and truck terminals. [1]

Motor freight and truck terminals may be permitted in certain districts, as specified in this chapter, subject to the following:

A. The site shall be designed to minimize negative impact on adjacent properties with regard to noise, glare, dust or fumes.

B. All loading/truck service areas shall be located in compliance with the following:

(1) Truck bays shall be located only on the side or rear of buildings.

(2) All truck-loading areas shall be screened from adjacent properties and rights-of-way by a landform buffer, buffer strip, or screen wall/fence and adjacent greenbelt in accordance with § 515-91. The Planning Commission may require additional screening or landscaping where the Planning Commission finds it necessary to minimize the impact of the facility on adjacent properties and rights-of-way.

(3) A minimum fifty-foot setback shall be maintained between any loading area and any property line.

C. Site lighting shall be designed and regulated in accordance with § 515-90. All lighting shall be detailed on the site plan and designed to prevent glare on adjacent properties.

D. Proposed maintenance facilities, including fueling stations, shall be noted on the site plan.

E. Loudspeakers or public address systems may be permitted, subject to the following criteria:

(1) Any proposed sound system shall be detailed on the site plan.

(2) The facility and proposed sound system shall be designed so as to minimize the level of noise generated and the impact on adjacent properties. Such design alternatives include, but are not limited to, time/volume limitations on the use of sound systems, directional/locational speaker limitations, sound-deadening construction materials and landscaping.

(3) The Planning Commission shall review the special approval after one year to determine if there are any noise-related problems regarding the approved sound system. In reviewing the special approval, the Planning Commission shall consult the Zoning Administrator, whose report, along with any public comments at the review hearing, shall form the basis for any subsequent decisions by the Planning Commission. If the Planning Commission finds a noise-related problem, the Planning Commission may require that additional measures be taken by the owner to reduce or eliminate the problem(s) in accordance with Subsection E(2) above.

[1] Editor's Note: Special land uses that have an asterisk (*) are required to submit a community impact statement in accordance with the Community Impact Statement Outline adopted by resolution of the Village Council.

§ 515-149 Nursery schools/child-care centers and group day-care facilities.

A. All such uses shall be licensed by the State of Michigan.

B. All such uses shall provide adequate dropoff and waiting spaces so that vehicles are not standing or queuing in a public right-of-way or blocking ingress to the site.

C. The site layout shall be designed to ensure pedestrian safety by separating play and recreation areas and dropoff/pickup points from parking and driveways.

D. A minimum of 100 square feet of outdoor play area shall be provided for each child, with a minimum of 1,200 square feet.

E. Outdoor play areas shall be located to minimize the impact of noise on adjacent residential property. The Planning Commission may require screening, buffering, and locational modifications to the proposed site plan to minimize impacts on adjacent residential property.

F. All outdoor recreation or play areas shall be enclosed by a minimum four-foot-high chain-link or other fence enclosure.

§ 515-150 Outdoor cafes.

Outdoor cafes, when incidental to a permitted use in the GBD General Business Downtown District, may be permitted, provided the following conditions are met:

A. Outdoor dining areas shall be separated from parking areas, public rights-of-way and other common areas by an ornamental fence, landscaping or other material acceptable to the Planning Commission. When adjacent to a pedestrian walk, a six-foot sidewalk width shall be maintained for pedestrian flow.

B. Lighting for outdoor dining areas shall be noted on a site plan and shielded downward and away from adjacent properties and rights-of-way. All lighting shall be designed to prevent glare from negatively impacting adjacent properties or rights-of-way. See § 515-90 for specific requirements for site lighting.

C. Parking for an outdoor cafe shall be determined by the Planning Commission, based upon the size of the outdoor dining area in relation to the permanent seating in the principal use as follows. In determining whether a restaurant must provide additional parking for its outdoor cafe, the Planning Commission shall use the following guidelines:

(1) If the outdoor seating is 25% or less of the seating capacity indoors, no additional parking is necessary.

(2) If the outdoor seating is 26% to 50% of the seating capacity indoors, additional parking shall be required up to 125% of the parking required for the indoor space, as determined by the Planning Commission.

(3) If the outdoor seating is over 50% of the seating capacity indoors, additional parking shall be required up to 150% of the parking required for the indoor space, as determined by the Planning Commission.

§ 515-151 Outdoor sales lots.

Outdoor sales lots for automobiles, trucks, trailers, boats, mobile homes, and similar uses may be permitted in certain districts specified in this chapter, subject to the following:

A. An outdoor lighting plan shall specify the type of fixtures to be used, light intensity and method of shielding the fixtures so that light does not project onto adjoining properties or on any public or private street or right-of-way. The site plan shall detail this information.

B. There shall be no festoon signs or bare light bulbs permitted.

C. No vehicles or merchandise for sale shall be displayed within any required greenbelts, landform buffers, buffer strips, or other landscaped or open space area.

D. Loudspeakers or public address systems may be permitted, subject to the following criteria:

(1) Any proposed sound system shall be clearly detailed on the site plan.

(2) The facility and proposed sound system shall be designed so as to minimize the level of noise generated. Such design alternatives include, but are not limited to, sound-deadening construction materials, time/volume limitations on use of sound systems, directional/locational limitations on speaker/public address system locations, and landscaping.

(3) The Planning Commission shall review the special approval in one year to determine if there are any noise-related problems regarding the approved sound system. In reviewing the special approval, the Planning Commission shall consult the Zoning Administrator. A report from the Zoning Administrator, along with any public comment at the review hearing, shall be the basis for any subsequent decision(s) by the Planning Commission.

(4) If the Planning Commission finds a noise-related problem(s), based upon the Zoning Administrator's and public's comments as noted above, the Planning Commission may require that additional measures be taken by the owner to reduce or eliminate the noise-related problem in accord with Subsection D(2) above as a condition of continuing the special land use approval and permit.

E. A landform buffer, buffer strip, or screen wall and adjacent greenbelt shall be located on all property lines which abut any district which permits residential uses.

F. The Planning Commission may require additional screening, buffering or landscaping along any property line where the Planning Commission determines such additional improvements would be necessary to reduce the impact of the proposed outdoor sales lot on adjoining properties. Said screening, buffering or landscaping shall be in accordance with § 515-91.

§ 515-152 Outdoor storage yards.

Outdoor storage yards may be permitted in certain districts, as specified in this chapter, subject to the following:

A. The site plan shall detail the location and type of equipment or materials proposed to be stored in the outdoor storage yards. Anticipated duration of storage of specified materials, height, and extent of area covered by materials shall also be indicated on the site plan.

B. Storage yards shall have either direct access to a regional or major arterial roadway or access to a regional or major arterial roadway via an internal industrial service road or industrial collector road. Access shall be at least 500 feet from any single-family, multifamily or mobile home residential area.

C. All vehicular use areas shall be paved with asphalt or concrete. Areas used exclusively for storage may be gravel or crushed stone surface, as approved by the Planning Commission. All proposed surface areas shall be detailed on the site plan and shall be in conformance with § 515-90.

D. All lighting shall be shielded downward and away from adjacent properties and rights-of-way. All lighting locations shall be noted on the site plan and shall be in conformance with § 515-90.

E. A minimum twenty-foot-wide landform buffer or buffer strip shall be provided along all property lines within 100 feet of a public or private road right-of-way or residentially zoned property in accordance with § 515-91. In addition, a minimum six-foot-high screen wall or obscuring decorative, pressure-treated or cedar wood fence shall be provided behind the required landform buffer or buffer strip wherever the site abuts a district which permits residential uses or any public or private right-of-way. The Planning Commission may require said screening wall/fence to be increased in height to a maximum of eight feet where necessary to adequately screen stored materials. The Planning Commission may require additional landscaping and screening where the Planning Commission finds that it is necessary to minimize the impact on adjacent properties. Where outdoor storage yards are used to display equipment for sale, the Planning Commission shall have the discretion to waive the screening wall/fence requirement.

F. No storage area shall be located within 20 feet of any property line. Stored material shall not exceed eight feet in height within 50 feet of any property line.

G. The Planning Commission and Village Council may request review and comment on the proposed outdoor storage yard from the Fire Marshal and MDEQ where the materials proposed to be stored may pose an environmental or safety hazard.

H. The Planning Commission shall review the site one year from approval to ensure compliance with this section and the special land use permit.

I. There shall be no burning on the site.

J. All industrial processes, including the use of equipment for compressing or packaging, shall be conducted at least 200 feet from the exterior property line; provided, however, that occasional metal cutting shall be allowed anywhere within the wall or fence provided that adequate measures are taken to ensure against fire and adjacent properties are protected from glare and noise, including excessive intermittent noise.

K. The applicant shall provide a written plan for the control of dust on site. This plan shall address how storage piles will be treated to minimize dust and how dust will be controlled when materials are moved to and from piles from transport vehicles (including trucks and railcars). This plan shall be made part of the application package and shall be subject to approval by the Planning Commission.

L. A drainage plan addressing the impact of stored material on the site drainage system and ensuring that stormwater runoff from the site shall not exceed the agricultural runoff rate shall be submitted as part of the application package.

M. Performance guarantee.

(1) Prior to commencement of construction, the applicant shall post a performance guarantee in accordance with § 515-205 with the Village Clerk in a form approved by the Village Council and in an amount of the cost of reclamation and restoration to return the site to its original condition. The cost of the work shall be estimated by the Village Engineer, as approved by the Village Council. The Engineer's estimate shall be based upon a review of the site plan and shall be in an amount sufficient to cover that cost of restoration of the site in the event the operation is abandoned.

(2) The performance guarantee shall be without a date of termination and shall run indefinitely, provided that it may contain a cancellation clause providing that the applicant may cancel the performance guarantee by giving the Village 30 days' written notice. The performance guarantee shall be kept in full force and effect until the area covered by the bond has been restored (materials removed and site restored to its original condition).

(3) In the event that the performance guarantee is canceled, the applicant shall provide a replacement performance guarantee within 30 days of notice of cancellation, and in the event no replacement is so provided, the applicant's approval shall be null and void and all activities shall immediately terminate and the applicant shall immediately begin reclamation or restoration. If he or she fails to do so, the Village Council may cause the necessary work to be completed, and the necessary and reasonable costs and expenses so incurred or expended, including also the incidental administrative and legal costs, shall be the obligation of and paid by the applicant.

(4) Upon satisfactory completion of reclamation and restoration work by the applicant, the Village shall issue a certificate of completion and the performance guarantee shall be canceled or returned by the Village.

§ 515-153 Places of worship.

Churches, synagogues and other places of worship may be permitted in certain districts specified in this chapter, subject to the following:

A. The site shall have direct access to a principal arterial, minor arterial, or collector street.

B. The minimum site size shall be two acres on a contiguous parcel.

C. All parking areas shall be screened from adjoining properties by either a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with § 515-91.

D. The principal building shall comply with all setback requirements of the district in which it is located. In no case shall the principal building be located closer than a distance equal to its height to any property line.

E. The site plan shall include a floor plan of the proposed structure(s) for use in determining required parking.

F. The site plan shall detail any proposed outdoor use areas (playgrounds, shrines, etc.), including means of pedestrian and vehicular access, if applicable. All lighting shall be noted on the site plan and shielded downward and away from adjacent properties and rights-of-way. All lighting shall be designed to prevent glare from negatively impacting adjacent properties or rights-of-way.

§ 515-154 Public buildings and uses with outdoor storage yards.

Public buildings and uses with outdoor storage yards may be permitted in certain districts specified in this chapter, subject to the following:

A. The site shall have all access from a principal arterial or minor arterial street.

B. Outdoor storage yards shall be accessory to the principal public building or use on the same site.

C. Compliance with all provisions of § 515-152, Outdoor storage yards, shall be required.

D. All parking areas, drives and structures shall be screened from view from adjacent residentially zoned properties by a seventy-five-foot-wide buffer area with a berm that meets the standards of § 515-91.

E. No overhead doors shall face any residentially zoned property; provided, however, that said overhead doors may face residentially zoned properties if the berm required in Subsection D above is increased to a minimum of eight feet in height.

F. In order to minimize noise and visual impacts, truck parking areas and fueling stations shall be placed so they are screened from any residentially zoned property by a principal or accessory building, and such site features shall be placed at least 200 feet from any residentially zoned property. The Planning Commission may permit the applicant to substitute or augment the requirement to screen truck parking and fueling stations by the placement of an eight-foot landscape berm constructed according to the truck parking areas/fueling stations shall also be provided.

G. The maximum height for structures may be increased to 35 feet if set back from all residentially zoned property by a minimum of 200 feet.

§ 515-155 Raising/keeping of large animals.

The raising or keeping of large animals, as defined in § 515-3, on lots at least two acres in size in an SF District may be permitted, as specified in this chapter, in conformance with the following:

A. Minimum lot area shall be two acres.

B. The maximum number of large animals which may be permitted by the Planning Commission shall be in accordance with the following:

	Lot Area (acres)	Number of Large Animals Permitted
	2	1
	3	2
	4	3
	5	4
	6 or more	4 plus one for each additional acre

C. All manure or other wastes produced or generated by raising or keeping of farm animals shall be stored in a fashion which reduces the nuisance impact of said wastes on adjacent properties. No wastes shall be stockpiled for a period to exceed 120 days, and no wastes shall be stockpiled closer than 100 feet from any property line. This subsection shall not be construed as preventing the spreading of manure as fertilizer in conjunction with an agricultural operation.

D. All accessory buildings, structures or use areas for farm animals shall be set back a minimum of 50 feet from any property line. Accessory buildings and structures shall be constructed and maintained in accordance with § 515-78.

E. All farm animals shall be adequately fenced or corralled to prevent them from roaming off site.

F. The raising of a single farm animal for a 4-H or similar educational program shall be exempt from this section but shall conform with all provisions of § 515-102.

§ 515-156 Salvage/recycling yards.

Salvage/recycling yards (junkyards) may be permitted in certain districts, as specified in this chapter, subject to the following:

A. The site shall be designed in conformance with the performance standards in § 515-90 to minimize negative impact on the site and adjacent properties.

B. Outdoor trash storage areas shall be screened from view in conformance with § 515-91K(1). All trash and refuse shall be stored within said enclosure. Compactors which are solely accessed directly from the interior of a building and which have no exterior access points do not require screening.

C. All loading/truck service areas shall be located entirely within the boundaries of the proposed site and shall be designed to minimize negative impact on adjoining properties and rights-of-way. No stacking, queuing, or maneuvering of delivery or service vehicles shall occur within a right-of-way or road. All service, loading, and vehicular use areas shall be paved with asphalt or concrete.

D. The site plan shall detail the location of all outdoor storage areas, storage rack locations, type of material or vehicle stored, and height of materials or vehicles stored.

E. A minimum forty-foot-wide landform buffer or buffer strip shall be provided along all property lines in accordance with § 515-91. In addition, a minimum six-foot-high screen wall or fence shall be provided behind the required landform buffer or buffer strip wherever the site abuts a district which permits single-family residential uses or any public or private right-of-way. The Planning Commission may require said screening wall/fence to be increased in height to a maximum of eight feet where necessary to adequately screen stored materials. The Planning Commission may require additional landscaping and screening where the Planning Commission finds that it is necessary to minimize the impact on adjacent properties.

F. No storage area shall be located within 20 feet of any property line. Stored material shall not exceed eight feet in height within 50 feet of any property line.

G. Where the activity involves any hazardous substances or polluting materials, all use areas shall be designed to prevent any release of the materials into the environment. At a minimum, this shall include full conformance with the groundwater protection standards detailed in § 515-90.

H. To protect groundwater resources, all areas for dismantling of automotive and truck parts and vehicles shall be fully enclosed and situated on a paved surface that includes a system for collecting spills of automotive and automotive-type fluids. These fluids and any and all other types of hazardous materials shall be contained in approved storage units and disposed of in accordance with state and federal laws.

I. A drainage plan addressing the impact of stored material on the site drainage system and ensuring that stormwater runoff from the site shall not exceed the agricultural runoff rate shall be submitted as part of the application package.

J. The Planning Commission shall review the special approval one year from the date of Planning Commission approval to review the facility operation. In reviewing the special approval, the Planning Commission shall consult the Zoning Administrator, along with any public comment at the review hearing, which shall form the basis for any subsequent decision(s) by the Planning Commission. The Planning Commission may require that additional measures be taken by the owner to address any operational problems which do not comply with the standards of this chapter or conditions of the Planning Commission's special land use approval and permit.

K. Salvage/recycling yards shall have either direct access to a regional or major arterial roadway or access to a regional or major arterial roadway via an internal industrial service road or industrial collector road. Access shall be at least 500 feet from any single-family, multifamily or mobile home residential area.

L. All vehicular use areas shall be paved with asphalt or concrete. Areas used exclusively for storage may be gravel or crushed stone surface, as approved by the Planning Commission. All proposed surface areas shall be detailed on the site plan.

M. All lighting shall be shielded downward and away from adjacent properties and right-of-way. All lighting locations shall be noted on the site plan.

N. The Planning Commission and Village Council may request review and comment on the proposed outdoor storage yard from the Fire Marshal and MDEQ where the materials proposed to be stored may pose an environmental or safety hazard.

O. There shall be no burning on the site.

P. All industrial processes, including the use of equipment for compressing or packaging, shall be conducted at least 200 feet from the exterior property line; provided, however, that occasional metal cutting shall be allowed anywhere within the wall or fence provided that adequate measures are taken to ensure against fire and adjacent properties are protected from glare and noise, including excessive intermittent noise.

Q. The applicant shall provide a written plan for the control of dust on site. This plan shall address how storage piles will be treated to minimize dust and how dust will be controlled when materials are moved to and from piles from transport vehicles (including trucks and rail cars). This plan shall be made part of the application package and shall be subject to approval by the Planning Commission.

R. Performance guarantee.

(1) Prior to commencement of construction, the applicant shall post a performance guarantee in accordance with § 515-205 with the Village Clerk in a form approved by the Village Council and in an amount of the cost of reclamation and restoration to return the site to its original condition. The cost of the work shall be estimated by the Village Engineer, as approved by the Village Council. The Engineer's estimate shall be based upon a review of the site plan and shall be in an amount sufficient to cover the cost of restoration of the site in the event the operation is abandoned.

(2) The performance guarantee shall be without a date of termination and shall run indefinitely, provided that it may contain a cancellation clause providing that the applicant may cancel the performance guarantee by giving the Village 30 days' written notice. The performance guarantee shall be kept in full force and effect until the area covered by the bond has been restored (materials removed and site restored to its original condition).

(3) In the event that the performance guarantee is canceled, the applicant shall provide a replacement performance guarantee within 30 days of notice of cancellation, and in the event no replacement is so provided, the applicant's approval shall be null and void and all activities shall immediately terminate and the applicant shall immediately begin reclamation or restoration. If he or she fails to do so, the Village Council may cause the necessary work to be completed, and the necessary and reasonable costs and expenses so incurred or expended, including also the incidental administrative and legal costs, shall be the obligation of and paid by the applicant.

(4) Upon satisfactory completion of reclamation and restoration work by the applicant, the Village shall issue a certificate of completion and the performance guarantee shall be canceled or returned by the Village.

§ 515-157 *Shooting ranges and gun clubs. [1]

Shooting ranges and gun clubs may be permitted in certain districts, as specified in this chapter, subject to the following:

A. The minimum site area shall be 80 acres with a minimum lot width of 1,320 feet.

B. Off-street parking shall be provided in accordance with § 515-101. Parking spaces shall be provided at a ratio of one space for each two range shooting spaces.

C. All parking areas shall be screened from view in accordance with § 515-91. The Planning Commission may require additional screening or landscaping where the Planning Commission determines it is necessary to prevent negative impacts on adjacent properties.

D. Hours of operation shall be limited to 9:00 a.m. to 7:00 p.m. Monday through Saturday and 12:00 noon through 6:00 p.m. on Sundays. The Planning Commission may restrict hours further in order to reduce the impact of the facility on adjacent residential uses.

E. The facility shall be designed to reduce the negative impact on adjacent properties from noise. Site layout, berming, setbacks, and building placement shall be considered in the Planning Commission's determination that this criteria has been met by the applicant.

F. The design of the facility shall demonstrate that the safety of all persons on and off the site has been assured. This shall be interpreted to mean that the site has been designed to prevent projectiles of any sort from leaving the site. The application shall include a written report specifying in detail conformance of the proposed facility with the design, safety and operations recommendations and guidelines of the National Rifle Association's The Range Manual. The Planning Commission shall not consider an application until this information has been submitted for review.

G. All firing range areas shall be completely fenced, except at the firing line, by a minimum eight-foot-high chain-link fence or appropriate alternative construction.

H. The firing line or other area from which firearms are discharged shall be located no closer than 150 feet from any property line or right-of-way. This setback shall be increased to 500 feet from any residential structure.

I. The application shall include a written statement which specifies any activities on the site which will include any firearm, air-gun, bow or other projectile activities outside of a designated shooting range. This shall include skeet, survival games, hunting reserves and the like. The site plan shall also detail these areas. Conformance with The Range Manual, where applicable, shall be demonstrated.

J. The application shall include a written statement which specifies any activities on the site which will include any parking, spectator or participant demands or uses on the site in excess of what would be normal and customary for the primary uses at the site. This shall include special events, competitions, gun shows and the like. The Planning Commission shall have the authority to limit or prevent use of the facility for these types of activities where the Planning Commission determines such activities are not compatible with adjoining land uses.

[1] Editor's Note: Special land uses that have an asterisk (*) are required to submit a community impact statement in accordance with the Community Impact Statement Outline adopted by resolution of the Village Council.

§ 515-158 *Tool, die, gauge, metal plating and machine shops. [1]

Tool, die, gauge, metal plating and machine shops may be permitted in certain districts, as specified in this chapter, in conformance with the following:

A. The application shall include a written report which documents conformance with the performance standards in § 515-90 and the groundwater protection standards in § 515-100E.

B. Outdoor storage yards shall conform to the provisions of § 515-152.

C. Screening and landscaping shall be provided in conformance with § 515-91. The Planning Commission may require additional landscaping or screening where the Planning Commission determines it is necessary to protect adjacent properties or rights-of-way from negative impacts of the proposed use(s).

D. The site shall be designed to minimize the impact of the proposed facility on adjacent land uses and rights-of-way. This shall include building and outdoor use area design and location, screening, landscaping, bulk and height of proposed structures, and drive/parking location.

[1] Editor's Note: Special land uses that have an asterisk (*) are required to submit a community impact statement in accordance with the Community Impact Statement Outline adopted by resolution of the Village Council.

§ 515-159 *Utility structures. [1]

A. Local utility structures. Utility structures, such as, but not limited to, electric transformer stations and substations, gas regulator stations, sewer lift stations, and the like, may be permitted in all districts, subject to the following:

(1) Operating requirements necessitate the proposed location in order to serve the residents of the Village.

(2) All such uses shall be completely enclosed and without storage yards.

(3) No structure shall exceed the height limit of the district in which it is to be located.

(4) All buildings shall be designed to be compatible in style and materials with other uses permitted in the district.

(5) No building shall be located closer than 50 feet to any property line abutting land zoned for residential use.

(6) A landform buffer, buffer strip or screen wall and adjacent greenbelt shall be provided around the entire perimeter of the utility building site. The Planning Commission may require additional screening or landscaping where the Planning Commission determines it is necessary to minimize the impact of the utility structure on adjacent properties.

(7) Adequate off-street parking shall be provided for any service personnel and all drives and parking areas shall be paved with asphalt or concrete.

B. Utility transmission systems. Utility transmission systems, such as, but not limited to, high-voltage electric transmission lines and high-pressure gas pipelines may be permitted in certain districts, as specified in this chapter, subject to the following:

(1) All such utility lines shall follow existing utility corridors where feasible, as determined by the Planning Commission.

(2) Selective clearing techniques shall be used throughout a utility corridor or property for installation of towers, lines, pipelines, service roads, drainage facilities and similar facilities. Existing vegetation shall be maintained, whenever possible, throughout the remainder of the corridor not affected by the actual installation of approved facilities.

(3) Any area cleared by necessity in the construction of such approved facilities may be subject to conditions imposed by the Planning Commission for its immediate restoration by replanting or similar techniques.

(4) During construction or repair of any facilities approved hereunder, the following shall be required:

(a) All internal roads shall be kept dust-free.

(b) Any damage to public or private roads, fences, structures, or facilities shall be repaired immediately.

(c) No wastes or spoils of any kind, such as tree stumps, construction wastes, trash and the like, shall be left after construction or repair operations are complete.

(d) All construction operations shall be confined to daylight hours, Monday through Saturday, unless permitted as a condition of approval by the Planning Commission.

(5) The existence of one line or facility approved hereunder does not imply permission to erect any other lines or facilities other than those originally permitted.

C. Utility transmission structures. Utility transmission structures, such, as but not limited to, high-voltage electric stations, gas compressor stations, and telephone exchange buildings may be permitted in certain districts, as specified in this chapter, subject to the following:

(1) The following types of utility transmission structures shall be permitted after special land use approval, only in the listed districts (See §§ 515-112 and 515-130 for regulations pertaining to wireless communications facilities.):

	Use	District
	Electric stations	All districts
	Telephone exchange buildings	All districts
	Gas compressor stations	LI, HI

(2) In order to provide a compatible community appearance and to prevent noise levels, odors, dust and similar external physical effects from adversely affecting adjoining properties, all equipment shall be completely enclosed within a building, unless the setback and screening guidelines specified in Subsection C(3) below are met.

(3) If the equipment proposed will not be enclosed within a building, a setback of 100 feet from all property lines shall be required. In addition, a landform buffer, buffer strip, or screen wall and adjacent greenbelt shall be provided in accordance with § 515-91. The Planning Commission, after considering the type, size, height and anticipated noise levels of all equipment being proposed, may require additional landscaping or screening where the Planning Commission determines it is necessary to minimize the impact on adjacent properties.

(4) All buildings permitted under this section shall be set back at least 100 feet from all adjoining property lines. Expansions of transmission facilities, which facilities existed prior to the effective date of this section, may be placed within 100 feet of an adjoining property line, after review and finding by the Planning Commission that said expansion is a necessary and logical design.

(5) Where there will be employees stationed at the utility building on a permanent or intermittent basis, adequate off-street parking shall be constructed with an asphalt or concrete surface.

(6) There shall be no outdoor storage of equipment and/or materials which are not necessary for daily operations of any utility building site, except those which are necessary for safety or emergency repairs at that particular utility transmission structure site.

[1] Editor's Note: Special land uses that have an asterisk (*) are required to submit a community impact statement in accordance with the Community Impact Statement Outline adopted by resolution of the Village Council.

§ 515-160 *Vehicle convenience stations. [1]

Vehicle convenience stations may be permitted in certain districts, as specified in this chapter, subject to the following:

A. Retail gasoline sales and convenience commercial facilities (no vehicle repair).

(1) All structures shall conform to the setback provisions in Article XVIII, Schedule of Regulations.[2] Canopies shall be set back a minimum of 30 feet from all property lines.

[2] Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

(2) All retail sales activity, other than gasoline sales, shall be conducted entirely within a completely enclosed structure. No outside storage of any product or material is permitted.

(3) All lighting shall be noted on the site plan and shielded downward and away from adjacent properties and rights-of-way. All lighting shall be designed to prevent glare from negatively impacting adjacent properties or rights-of-way.

(4) There shall be no storage of vehicles on the site, including wreckers or other service vehicles.

(5) A six-foot-high masonry wall of face brick or poured concrete with brick pattern on both sides shall be located on all property lines which abut any residential zoning district. In addition, a five-foot-wide greenbelt shall be installed adjacent to the required wall. The wall and greenbelt shall be constructed in accordance with the criteria in § 515-91. Where the parcel abuts any other district, the screening and landscaping options in § 515-91 shall be applied by the Planning Commission.

(6) There shall be no loudspeaker or public address system other than individual intercom systems for each pump.

(7) No vehicle wash facilities, whether roll-over, self-serve, or drive-through, are permitted unless approved by the Planning Commission under § 515-163.

(8) Primary ingress/egress shall be off of a principal arterial, minor arterial, or collector road. Secondary ingress/egress on any residential street shall be designed to reduce negative impact on adjacent residential areas. On corner sites, ingress and egress drives shall be located at least 100 feet from the intersection or right-of-way lines of the two roads, taking into consideration the location of adjacent drives and uses. Drives shall be limited to one per adjacent road unless it is clearly demonstrated by the applicant that additional access is necessary for safety reasons.

(9) All trash storage areas shall be screened from view in accordance with § 515-91K(1).

(10) The location, size and type of all aboveground and underground storage tanks and piping shall be noted on the site plan. All tanks shall have appropriate secondary containment and leak detection which shall be noted on the site plan. All tanks shall be registered and otherwise comply with all state and local codes. (See § 515-100E.)

B. Retail gasoline sales with limited repair facilities.

(1) Compliance with the provisions outlined in §§ 515-160A and 515-161.

(2) No outdoor storage or parking of wreckers or other service vehicles is permitted.

[1] Editor's Note: Special land uses that have an asterisk (*) are required to submit a community impact statement in accordance with the Community Impact Statement Outline adopted by resolution of the Village Council.

§ 515-161 *Vehicle repair garages. [1]

Vehicle repair garages may be permitted in certain districts, as specified in this chapter, subject to the following:

A. No vehicles awaiting service shall remain on site for more than 36 hours.

B. All repair services shall be conducted within a completely enclosed building.

C. All trash storage areas shall be screened from view in accordance with § 515-91K(1). All discarded vehicle parts shall be kept inside the enclosure and shall not be permitted to accumulate for periods longer than one week.

D. A six-foot-high masonry wall of face brick or poured concrete with brick pattern on both sides shall be located on all property lines which abut any residential zoning district. In addition, a five-foot-wide greenbelt shall be installed adjacent to the required wall. The wall and greenbelt shall be constructed in accordance with the criteria in § 515-91. Where the parcel abuts any other district, the screening and landscaping options in § 515-91 shall be applied by the Planning Commission.

E. Management plans shall be maintained for the collection, storage, and recycling or proper disposal of all new, used or waste automotive fluids resulting from repair or service operations.

F. The location, size and type of all aboveground and underground storage tanks and piping shall be noted on the site plan. All tanks shall have appropriate secondary containment and leak detection which shall be noted on the site plan. All tanks shall be registered and otherwise comply with all state and local codes. (See § 515-100E.)

[1] Editor's Note: Special land uses that have an asterisk (*) are required to submit a community impact statement in accordance with the Community Impact Statement Outline adopted by resolution of the Village Council.

§ 515-162 *Vehicle service centers. [1]

Vehicle service centers may be permitted in certain districts specified in this chapter subject to the following:

A. The use shall be completely enclosed within a building.

B. No vehicles awaiting repair shall remain on site for more than 24 hours.

C. A six-foot-high masonry wall of face brick or poured concrete with brick pattern on both sides shall be located on all property lines which abut any residential zoning district. In addition, a five-foot-wide greenbelt shall be installed adjacent to the required wall. The wall and greenbelt shall be constructed in accordance with the criteria in § 515-91. Where the parcel abuts any other district, the screening and landscaping options in § 515-91 shall be applied by the Planning Commission.

D. All trash storage areas shall be screened from view in accordance with § 515-91K(1).

E. Management plans shall be maintained for the collection, storage and recycling or proper disposal of all new, used or waste automotive fluids resulting from repair or service operations.

F. The location, size and type of all aboveground and underground storage tanks and piping shall be noted on the site plan. All tanks shall have appropriate secondary containment and leak detection which shall be noted on the site plan. All tanks shall be registered and otherwise comply with all state and local codes. (See § 515-100E.)

[1] Editor's Note: Special land uses that have an asterisk (*) are required to submit a community impact statement in accordance with the Community Impact Statement Outline adopted by resolution of the Village Council.

§ 515-163 *Vehicle wash facilities. [1]

Self-service and automatic vehicle wash facilities may be permitted in certain districts, as specified in this chapter, subject to the following:

A. The site plan shall detail all required parking and vehicular standing areas as required in § 515-101, Off-street parking.

B. The site shall be designed to minimize the potential for excess water from clean vehicles dripping onto adjacent roads. In complying with this subsection, a combination of alternatives may be used, including, but not limited to, blowers, hand drying, length of exit drive and general site design.

C. The site plan shall demonstrate that the direction of drainage flow for the wash facility will prevent water from flowing outside of the wash facility structure. In addition, all water shall flow into a floor drain that is connected to a public sewer system. Floor drains shall not outlet to soils, groundwater or nearby drains or rivers.

D. The site plan shall detail the location of all proposed vacuum stations. These areas shall be located so as not to conflict with any required parking, drive or automobile standing areas. Self-contained, covered waste receptacles shall be provided at each proposed vacuum station to provide convenient disposal of customer refuse.

E. The site shall be screened from abutting property in conformance with § 515-91. The Planning Commission may require additional landscaping or screening where the Planning Commission determines that it is necessary to prevent negative impacts on adjoining properties.

F. All lighting shall be noted on the site plan and shall be shielded downward and away from adjacent properties and rights-of-way.

[1] Editor's Note: Special land uses that have an asterisk (*) are required to submit a community impact statement in accordance with the Community Impact Statement Outline adopted by resolution of the Village Council.

§ 515-164 Warehouses, self-storage and mini.

Self-storage or mini warehouses may be permitted in certain districts, as specified in this chapter, subject to the following:

A. The owner and/or operator shall not permit any use of individual storage units other than storage.

B. The minimum spacing between self-storage buildings shall be 30 feet where a one-way traffic pattern is used and 40 feet for two-way movement of customer vehicles.

C. If an office and caretaker's quarters are proposed on site, they shall occupy a single building and shall be detailed on the site plan.

D. Where the site abuts any district which permits single-family residential uses, a landform buffer, buffer strip, or screen wall/fence and adjacent greenbelt shall be provided along the property line. The Planning Commission may require additional screening or landscaping where the Planning Commission determines it is necessary to minimize the impact of the facility on adjacent properties.

E. There shall be no electrical or other utility service to individual units available for use by customers.

F. There shall be no storage of hazardous, flammable, explosive or toxic materials in any storage units at any time.

G. Any outdoor storage yard proposed in conjunction with a self-storage facility shall be utilized only for recreation vehicles, private automobiles, and customarily manufactured noncommercial vehicles. The intent of this subsection is to prohibit use of these facilities for contractors' storage yards and bulk materials storage. All outdoor vehicle storage areas shall comply with the provisions of § 515-152, Outdoor storage yards.

§ 515-165 *Waste hauling, transfer, processing or disposal facilities. [1]

A. The Village of New Haven recognizes the authority of the State of Michigan with regard to the issuance of construction and operating permits for sanitary landfills and similar uses. The Village considers the requirements of Act 641 of 1978, as amended, and all rules and regulations promulgated pursuant to authority of said act as the minimum standards for approval of any landfill, transfer station, or similar use.[2]

[2] Editor's Note: The Solid Waste Management Act.

B. All waste hauling, transfer, processing or disposal facilities, including sanitary landfills, hazardous waste facilities, mixed waste processing facilities, incinerators and similar uses shall obtain special land use approval from the Planning Commission, subject to the following:

(1) Landfills of any classification or type shall be permitted only in HI Districts. Transfer stations, incinerators or waste-processing facilities shall be permitted only in HI Districts. Yard waste composting facilities are regulated under § 515-166.

(2) All such uses shall be located on a paved public road capable of carrying Class A loadings on a year-round basis.

(3) All such uses shall conform to the performance standards of § 515-90.

(4) All transportation of waste, including ashes, shall occur in covered containers or covered trucks.

(5) A minimum setback of 300 feet from all lot lines shall be maintained from all use areas, buildings or other structures where any phase of waste handling occurs, for all uses regulated by this section.

(6) Blowing trash or debris shall not be permitted to leave the site and shall be collected daily.

(7) The entire perimeter of the site shall be enclosed by a chain-link fence at least six feet in height. The entire perimeter of the site shall be screened by a landform buffer, buffer strip, or screen wall/fence and adjacent greenbelt in conformance with § 515-91. The Planning Commission shall determine the type of buffer or screening method which is appropriate, based on the type of adjacent land use(s), zoning, Master Plan designations, and the design and location of the proposed activities on site. The Planning Commission may require any combination of screening, landscaping or buffering techniques that the Planning Commission finds appropriate to adequately prevent negative impact on adjacent properties, rights-of-way, or the community.

(8) All internal drives, parking areas, roadways and the like shall be designed and paved with asphalt or concrete.

(9) All applicable standards, findings, reports and submittals as required under Act 641 of 1978, as amended, and the Macomb County Solid Waste Management Plan Update have been provided, met and addressed by the applicant.

(10) All landfill uses shall demonstrate, by the submission of a reuse plan drawing (minimum scale of one inch equals 100 feet), that rehabilitation of the subject parcel after operations are complete will leave the property suitable for future development with one of the permitted uses in that particular zoning classification.

C. The Planning Commission shall review all proposed facilities under this section in the same manner as a special land use and make findings that the granting of a permit as proposed would not:

(1) Permanently impair the intended land use potential of the property in question;

(2) Detrimentally affect the adjoining properties beyond what would be expected of other permitted uses in the same district;

(3) Be consistent with the existing land uses, zoning and Master Plan designations for the area where the proposed facility is to be located.

[1] Editor's Note: Special land uses that have an asterisk (*) are required to submit a community impact statement in accordance with the Community Impact Statement Outline adopted by resolution of the Village Council.

§ 515-166 *Yard waste composting facilities. [1]

Yard waste composting facilities are permitted in certain districts, subject to the following standards:

A. Site location and design.

(1) All such uses shall be located on a paved public road capable of carrying Class A loadings on a year-round basis.

(2) Dust shall be controlled on all internal roads and operation areas at all times.

(3) The site shall be level and well-drained.

(4) If the site abuts a single-family residential district or one which is designated for low-density residential or moderate-density suburban residential uses on the Master Plan map, a buffer zone shall be maintained where no composting, storage, transfer or loading activities will take place equal to 300 feet from existing residences and 100 feet from all adjoining property lines. All buffer areas shall be maintained as vegetative strips to facilitate the filtration of pollutants from stormwater runoff.

(5) All site access roads or drives and all areas for employee parking shall be paved with asphalt or concrete. In addition, a paved internal material-handling area of at least 10,000 square feet shall be provided. Internal haul roads may be unpaved.

(6) The compost site shall be screened from adjacent public rights-of-way and single-family districts by a landform buffer, buffer strip, screening wall/fence and adjacent greenbelt, or a combination thereof. The Planning Commission may require additional landscaping or screening where the Planning Commission determines it to be necessary to prevent negative impacts on adjacent properties.

(7) Adequate parking shall be provided for all employees and visitors. A minimum of four paved off-street parking spaces shall be provided on site. All parking shall be designed in accordance with § 515-101.

(8) In order to contain windblown debris, chain-link fencing shall be installed and maintained around all areas of the site which are utilized in any phase of the composting process in which bags or portions of bags are present. The Planning Commission shall determine the appropriate location and height of required fencing during site plan review after consideration of the site characteristics, proposed design, adjacent land uses, and prevailing wind patterns.

B. Operation.

(1) Access to the site shall be controlled to prevent unauthorized dumping during nonbusiness hours. The operator shall establish a procedure and mechanism for proper disposal of nonyard wastes at an approved sanitary landfill.

(2) Only yard wastes shall be composted at such facilities, typically including leaves, grass clippings, brush, and tree or shrub trimmings. All yard wastes must be brought to the site loose or in biodegradable bags with a cornstarch or similar base designed to degrade rapidly under aerobic conditions. All bags brought to the site shall be broken up and turned into compost windrows within five days of delivery to the site. In no instance shall nondegradable plastic bags be placed into the windrows.

(3) The decomposition process shall be properly managed and maintained in an aerobic condition to prevent all unnecessary odors. Towards this end, the temperature of compost piles shall be monitored regularly, and all compost piles shall be turned when the internal temperature drops below 120° F.

(4) Ponded water shall not be permitted to collect on a yard waste composting site. An engineering plan for collection, retention and drainage of stormwater shall be provided for review and approval. Vegetation filtration of runoff prior to discharge off site shall be accomplished by use of a fifty-foot-wide (minimum) perimeter strip/swale of grass, or similar measure. Any direct discharge to a water body may require a Michigan Department of Environmental Quality permit.

(5) The operator shall provide sufficient equipment to properly manage the composting process. At a minimum this shall include a front-end loader or similar machinery for loading and unloading; a windrow machine for turning and aeration operations; a shredder for reducing new material to a smaller particle size for faster decomposition; a source of water or watering trucks for dust control and proper moisture content in windrows; and a screen to improve the quality and marketability of the final product.

(6) The volume of yard wastes handled by the facility shall not exceed 7,000 cubic yards of incoming yard wastes per acre of active composting area on site, exclusive of access roads, service areas, parking areas, required buffer zones, and similar areas.

(7) The operator shall provide a name, address and phone number of the person responsible for operation of the site and who is also responsible for correcting all operational problems that may result in complaints being made to the Village.

(8) Treated yard wastes shall be actively rotated in an aerobic condition. Wastes shall not be allowed to accumulate for longer than three years before being finished and removed from the site.

(9) The operator shall provide plans showing all equipment maintenance and storage areas. Plans shall show the location of all fuel storage facilities and shall detail primary and secondary containment for all hazardous materials, including product-tight containers for primary containment. Secondary containment facilities shall be adequate to accept the full volume of the hazardous materials stored in the primary container in the event of a leak or spill, in accordance with § 515-100E.

(10) The applicant shall provide a written plan for the removal of unmarketable compost.

(11) An annual inspection/permit fee for all yard waste composting facilities, established by resolution of the Village Council, shall be paid by the owner of the facility.

(12) Copies of all Michigan Department of Natural Resources applications/permits, if required, shall be provided with the application.

(13) The use must conform with the performance standards in § 515-90.

(14) The operator shall provide surety in the form of cash, irrevocable letter of credit or other surety acceptable to the Village Council to guarantee performance as required by the Zoning Ordinance and provide for restoration of the site upon default of the operator. The amount of the bond shall be set from time to time by resolution of the Village Council on a per-acre basis.

(15) The operator understands and agrees that failure to maintain and operate the site in a responsible manner that minimizes the potential for adverse impacts on neighboring properties shall constitute grounds for enforcement action by the Village.

C. Performance guarantee.

(1) Prior to commencement of construction, the applicant shall post a performance guarantee in accordance with § 515-205 with the Village Clerk in a form approved by the Village Council and in an amount of the cost of reclamation and restoration to return the site to its original condition. The cost of the work shall be estimated by the Village Engineer, as approved by the Village Council. The Engineer's estimate shall be based upon a review of the site plan and shall be in an amount sufficient to cover that cost of restoration of the site in the event the operation is abandoned.

(2) The performance guarantee shall be without a date of termination and shall run indefinitely, provided that it may contain a cancellation clause providing that the applicant may cancel the performance guarantee by giving the Village 30 days' written notice. The performance guarantee shall be kept in full force and effect until the area covered by the bond has been restored (materials removed and site restored to its original condition).

(3) In the event that the performance guarantee is canceled, the applicant shall provide a replacement performance guarantee within 30 days of notice of cancellation, and in the event no replacement is so provided, the applicant's approval shall be null and void and all activities shall immediately terminate and the applicant shall immediately begin reclamation or restoration. If he or she fails to do so, the Village Council may cause the necessary work to be completed, and the necessary and reasonable costs and expenses so incurred or expended, including also the incidental administrative and legal costs, shall be the obligation of and paid by the applicant.

(4) Upon satisfactory completion of reclamation and restoration work by the applicant, the Village shall issue a certificate of completion and the performance guarantee shall be canceled or returned by the Village.

[1] Editor's Note: Special land uses that have an asterisk (*) are required to submit a community impact statement in accordance with the Community Impact Statement Outline adopted by resolution of the Village Council.

§ 515-167 Adult foster care small group home and adult foster care large group home.

A. All such uses shall be licensed by the State of Michigan.

B. The proposed use shall be at least 1,500 feet from another group day-care home or similar facility and shall not result in an excessive concentration of child- or adult-care facilities in the neighborhood or the Village overall.

C. One off-street parking space for each two beds and one off-street parking space per employee not a resident of the adult foster care home shall be provided.

D. The exterior appearance and architectural design of the principal and accessory building shall be consistent with the prevailing appearance and architecture of the surrounding residential uses.

E. When outdoor recreation areas are provided, they shall be enclosed by a fence that is at least four feet in height but no higher than six feet in height.

F. Code inspection may be required as necessary to determine compliance with applicable zoning and/or Building Code regulations.

G. The Planning Commission shall find that the proposed use shall not change the essential residential character of the surrounding area.

§ 515-168 Independent senior housing.

A senior housing development which is for the exclusive use of individuals 62 years of age or older, or for a couple where at least one of the individuals is over the age of 62, or where the resident has a disability and is required by federal or state housing laws to be included in senior housing programs, may be permitted in certain districts, as specified in this chapter, subject to the following:

A. All vehicular ingress and egress shall be directly onto a principal arterial, minor arterial, or collector road.

B. The minimum site size shall be two acres. The minimum lot width shall be 200 feet.

C. The density shall not exceed 12 dwelling units per acre.

D. Building setbacks, maximum building height, minimum floor area per dwelling unit, and maximum lot coverage shall comply with the requirements for the MF Multiple-Family Residential District, as provided in Article XVII, Schedule of District Regulations, which provides height, bulk, density, area, setback and lot coverage by district.[1]

[1] Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

E. The site shall be screened from adjacent single-family residential districts by a greenbelt planted in accordance with § 515-91.

F. All parking areas shall be set back a minimum of 50 feet from all property lines. All parking areas shall be screened from adjoining properties zoned for single-family residential uses by either a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with § 515-91.

G. There shall be an outdoor recreation area for the use of residents. Said outdoor area may be located in such areas as gardens, patios, decks, open space, walking paths and the like. Recreation space must be fully accessible to residents and of barrier-free design.

H. All service and storage areas for equipment and materials shall be screened from view by a landform buffer, buffer strip, or screen fence/wall and adjacent greenbelt designed and planted in accordance with § 515-91.