City of Coldwater, MI
Branch County
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Table of Contents
Table of Contents
[Ord. No. 738, passed 2-22-2010]
Special land uses are those uses of land which are essentially compatible with uses permitted in a zoning district, but possess characteristics or locational qualities which require individual review and discretion in order to avoid incompatibility with the character of the surrounding area, public services and facilities, and adjacent uses of land. The purpose of this chapter is to establish equitable procedures and criteria, which shall be applied in the determination of requests to establish special uses. The criteria for decision and requirements provided for under the provisions of this chapter shall be in addition to those required elsewhere in this Zoning Code which are applicable to the special use under consideration.
[Ord. No. 738, passed 2-22-2010]
The Planning Commission shall have the authority to grant special use permits. The Planning Commission has the authority to impose such conditions of design and operations, safeguards and time limitations as it may determine for all special uses, specially allowed in the various district provisions of this Code and in accordance with Chapter 1265, Site Plan Review.
[Ord. No. 738, passed 2-22-2010]
An application for permission to establish a special use shall be submitted and acted upon in accordance with the following procedures:
(a) 
Application. Applications for a special use shall be submitted 14 days prior to the next scheduled Planning Commission meeting through the Zoning Administrator, who will review the application for completeness and then transmit it to the Planning Commission. Each application shall be accompanied by the payment of a fee to cover the costs of processing the application, in accordance with the schedule of fees adopted by the City Council.
(b) 
Required information. An application for a special use permit shall be accompanied by the following documents and information:
(1) 
A special use application form supplied by the Zoning Administrator, which has been completed in full by the applicant.
(2) 
A site plan, as required in Chapter 1265.03.
(3) 
A statement with regard to compliance with the general criteria required for approval as set forth in Section 1295.04, and other criteria specific to the proposed use as imposed by this chapter affecting the special use under consideration.
(c) 
Public hearing. Upon receipt of an application for a special use, the Planning Commission shall hold a public hearing in the manner described in Section 1262.08 of this Zoning Code.
(d) 
Review and approval. Within 30 days following the public hearing, the Planning Commission shall review the application for a special use, the comments received at the public hearing, the site plan and other materials submitted in relation to the application, and make a determination on the special use application in accordance with the criteria for approval stated in Section 1295.04 and such standards contained in this chapter which relate to the special uses under consideration. The Planning Commission may deny, approve, or approve with conditions, a request for a special use. The decision on a special use shall incorporate a statement containing the findings and conclusions relative to the special use under consideration which specifies the basis for the decision and any conditions recommended. Upon the approval or approval with conditions by the Planning Commission, the applicant may apply for a building permit.
[Ord. No. 738, passed 2-22-2010]
Prior to approval of a special use application, the Planning Commission shall ensure that the standards specified in this section, as well as applicable standards established elsewhere in this Zoning Code, shall be satisfied by the completion and operation of the special use under consideration.
(a) 
General standards. The Planning Commission shall review the particular circumstances of the special use application under consideration in terms of the following standards and shall approve a special use only upon a finding of compliance with each of the following standards, as well as applicable standards established elsewhere in this Zoning Code:
(1) 
The special land use shall be harmonious with and in accordance with the general objectives, intent and purposes of this Code.
(2) 
The special land use shall be designed, constructed, operated and maintained in a manner harmonious with the character of existing and future land uses on adjacent property and the surrounding area.
(3) 
The special land use shall not change the essential character of the surrounding area.
(4) 
The special land use shall not be hazardous to adjacent property or involve uses, activities, materials or equipment which, will be detrimental to the health, safety or welfare of persons or property through the excessive production of traffic, noise, smoke, fumes or glare.
(5) 
The special use shall be required to be served by public sanitary sewer and water supply systems when available or other systems approved by the Health Department, and served adequately by other essential public facilities and services; such as highways, streets, drives, sidewalks, police and fire protection, drainage structures, refuse disposal, or that the persons or agencies responsible for the establishment of the proposed special use shall be able to provide adequately all such services. Further the special use shall not place demands on public services and facilities in excess of current capacity.
(b) 
Conditions. The Planning Commission may impose conditions with the approval of a special use, which conditions are necessary to insure compliance with the standards for approval stated in this section and any other applicable standards contained in this Zoning Code. Such conditions shall be considered an integral part of the special use application and shall be enforced by the Zoning Administrator.
(c) 
Time limitations. Any property which is the subject of a special use permit which has not been used for a period of 12 months (without just cause being shown which is beyond the control of the owner and which is acceptable to the Planning Commission for the purposes for which such special use was granted) shall thereafter be required to be used for only permissible uses set forth in the particular zoning classification and the permit for such special use shall thereupon terminate. This time limitation shall not apply to second and subsequent phases of a development, which is part of a comprehensive plan, as provided for in Subsection (d) hereof.
(d) 
Project review. An applicant for a special use approval may include a comprehensive plan and specifications for a development, which is to be accomplished in phases over a specified period of months or years, and secure a review of the entire project, thereby avoiding the need for multiple special use hearings, unless modifications in any approved special use plan are subsequently necessary, wherein a special use hearing on the modification would be required.
[Ord. No. 738, passed 2-22-2010; Ord. No. 763, passed 12-26-2012; Ord. No. 767, passed 2-11-2013]
The general standards and requirements of Section 1295.04 are basic to all uses authorized by special use approval. The following subsections identify specific requirements, which shall be complied with by individual uses, in addition to the general standards and requirements of Section 1295.04(a):
(a) 
Car wash establishments.
(1) 
For stacking capacity see Section 1296.06, Off-street stacking space for drive-through facilities.
(2) 
Vacuuming activities, if outdoors, shall be at least 100 feet from any Residential District lot line or residential use. Wash bays for self-service washes shall be located at least 50 feet from any Residential District lot line or residential use.
(3) 
Should self-service wash bays be located with openings parallel to an adjacent street, they shall be screened or buffered as required by the Planning Commission.
(b) 
Gasoline service stations and minor repair.
(1) 
All equipment and activities associated with vehicle repair operations, except those in incidental use, such as air hoses, shall be kept within an enclosed building.
(2) 
Inoperative vehicles left on the site shall be stored overnight within an enclosed building or in an area screened by an opaque fence not less than six feet in height.
(3) 
There shall be no storage of loose body parts, trash, tires, supplies or equipment outside of an enclosed building.
(4) 
If retail sales of convenience goods are conducted on the premises, parking for such uses shall be computed and provided separately for that use.
(5) 
Canopy roofs shall be permitted to encroach into any required yard, provided that a minimum setback of five feet is maintained, and provided, further, that the fascia of such canopy is a minimum of 10 feet above grade.
(6) 
Outdoor storage or display of merchandise is not allowed unless approved as part of the special use permit and site plan review.
(c) 
One-family clustering option. The intent of this division is to permit the development of one-family residential patterns, which, through design innovation, will introduce flexibility so as to provide for the sound physical handling of site planning in situations where the conventional subdivision of land would be otherwise unreasonable. To accomplish this, it is the intent of this option that development of this nature be done through site planning and not by subdividing the land in the conventional manner. The subdividing of land to contain single dwelling units on individual lots shall not be permitted under this option. The following modifications to the one-family residential standards shall be permitted subject to the conditions herein imposed.
(1) 
In those single-family Residential Districts permitted in this section, the site planning of one-family clustering may be permitted in those areas possessing at least one of the following characteristics:
A. 
An unsubdivided area which the Planning Commission finds to be of such unusual shape, or which is found to contain unsuitable or generally unbuildable soil conditions over a significant portion of the site, or which has unusually severe topographic conditions, or which is characterized by some other unusual physical or developmental factor, extending over a significant portion of the site, as would make sound physical development under the normal subdivision approach impractical.
B. 
An unsubdivided area which the Planning Commission finds to be characterized by major stands of trees or streams or other watercourses which extend across a significant portion of the site, and which, as significant natural assets, ought to be preserved, such conditions making sound development of the site under normal subdivision approaches impractical, or where the Planning Commission finds it desirable to preserve open space.
(2) 
The area in open space (meaning the site's recreation areas and open spaces, including usable on-site water impoundments) accomplished through the use of one-family clusters shall represent at least 15% of the horizontal development area of a one-family cluster development. This entire area may be used in computing density when preserved as open space.
(3) 
The overall permitted dwelling unit density within those parcels which qualify for cluster development shall not exceed the following number of dwelling units per acre by zoning district (including all residential streets):
Zoning District
Number of Dwelling Units Per Acre
A-1
5.6
A-A
1.2
(4) 
Under this section, the attaching of one-family homes in clusters shall be permitted when said homes are attached either through a common party wall or garage wall which does not have over 50% of an individual wall or more than 25% of the total exterior walls of a home in common with the wall or walls of the adjoining home, or by means of an architectural detail which does not form interior room space, or through a common party wall in only the garage portion of adjacent structures, there being no common party wall relationship permitted through any other portion of the residential unit.
(5) 
Under this section, the detaching of one-family homes in clusters shall be permitted, provided the space between individual structures within a cluster of detached homes shall be no less than six feet apart and no greater than 10 feet apart, except that where an opposing wall between two dwelling structures within a cluster contains openings, that wall shall be separated from any other opposing wall by 10 feet.
(6) 
The maximum number of homes in a cluster shall be subject to review by the Planning Commission, but in no case shall a cluster contain less than two dwelling units, nor more than four dwelling units.
(7) 
No structure shall be located closer to a street right-of-way or service drive than 20 feet.
(8) 
Each cluster of one-family homes shall be separated from any other cluster of one-family homes by a minimum distance determined by the number of homes in opposing clusters as regulated in the following scale. However, when it can be shown that compliance with the scale would create an adverse relationship between clusters or force the destruction of a natural amenity, the Planning Commission, after review, may modify the minimum distance between clusters to better fit the characteristics of the site.
Total homes in two opposing clusters-minimum distance (in feet): eight homes with 50 feet minimum, seven homes with 45 feet minimum, six homes with 40 feet minimum, five homes with 35 feet minimum, and four homes with 30 feet minimum.
(9) 
In reviewing the plans and approving the application of this section to a particular site, the Planning Commission shall require the following:
A. 
All clusters that abut major thoroughfares shall have a rear yard or side yard relationship to said thoroughfares.
B. 
A landscaped berm, at least five feet high, shall be provided along the entire property line abutting the major thoroughfares. This berm may be included within a required side or rear yard. The Planning Commission shall find that the slopes on said berms are gentle enough so as not to erode when planted in grass, and it shall review the design of the berm as it relates to street intersections, finding that the horizontal view of oncoming traffic is not obscured.
The Planning Commission may permit an optional landscape treatment in lieu of a landscaped berm when a landscaped berm is not practical due to site conditions.
C. 
Street ingress and egress to the major thoroughfares shall be kept to a minimum.
D. 
Any area to be used for private park recreation or open space purposes as a result of the application of this section shall be subject to review and approval of the Planning Commission for minimum size, shape, location, access, the character of any improvements and assurance of the permanence of the open space and its continued maintenance.
(10) 
In submitting a proposed site plan layout under this section, the sponsor of the development shall include, along with the site plan, the proposed building elevations and typical floor plans, an indication of existing and proposed public easements, topography drawn at a two-foot contour interval, all computations relative to acreage and density, details relative to the proposed berm, and any other details which will assist in reviewing the proposed plan.
(11) 
Approval of a site plan under this section shall be effective for a period of one year. Development not started in this period shall be considered as abandoned and authorization shall expire, requiring that any proposed development thereafter shall be reviewed and approved by the Planning Commission. Any proposed change in the site plan or building plans, after approval has been received, shall require review and approval by the Planning Commission prior to effecting said change.
(12) 
The Planning Commission shall hold a public hearing for the purpose of reviewing the plans and approving an application for a one-family clustering option in accordance with MCLA § 125.3502.
(d) 
Adult and child group day-care homes (those caring for seven or more individuals), subject to the following provisions:
(1) 
Fencing shall be required and have a minimum height of five feet around all outdoor areas accessible to the day user.
(2) 
The property shall be maintained in a manner, which maintains compatibility with the existing character of the neighborhood.
(3) 
If a day-care operation, the hours of operation of the use shall be limited to 16 hours per twenty-four-hour day.
(4) 
If applicable, the use shall be licensed by the Department of Human Services, State of Michigan.
(5) 
If a day-care center, as defined, the minimum lot area shall be 20,000 square feet. See definition (28), 1260.07, Definitions.
(6) 
If a day-care center, as defined, a drop-off/pick-up area shall be provided for motorists off the public street.
(7) 
For each operation, there shall be a contiguous open space of a minimum of 5,000 square feet provided on the subject parcel. Said open space shall not be located within a required front setback area. This requirement may be waived if public open space is available within 500 feet of the subject parcel.
(e) 
Campgrounds.
(1) 
Campgrounds, including recreational areas incidental thereto, must contain at least five acres in area. Said five acres are not to include environmentally sensitive land such as wetland, floodplain, and/or forest.
(2) 
Campgrounds shall be located at least 300 feet from the following Residential Districts: R-2 One Family, R-3 One Family, A-1 One Family, A-2 One and Two Family, and A-3 Multi Family.
(3) 
The present and future ability of the City and county to provide adequate vehicular access, public safety and other necessary public services to the proposed campground should be considered.
(4) 
When the site is wooded or has other natural or historical features, which in the opinion of the Planning Commission, should be preserved or protected, restrictions on the alteration of these natural features may be required as a condition of approval.
(5) 
Any sale of foodstuff or merchandise shall be clearly incidental to the needs of the occupants and users of the campground and recreation areas while therein and shall consist of packaged merchandise only.
(6) 
Activities shall be adequately screened from adjoining residentially developed or residentially zoned property by an evergreen planting of at least five feet in height at the time of planting. In addition, the area must.
(7) 
Campgrounds shall comply with all applicable state licensing standards and state regulations.
(f) 
Mining and extraction operations. These regulations are designed to provide for the regulation of earth removal, quarrying, gravel processing, mining, and related mineral extraction activities and to specify the conditions and circumstances under which such a use may be developed in order to protect the health, safety, and general welfare of Coldwater residents, preserve ecologically important features, and to prohibit development which, unregulated, may have an adverse impact upon the safety, health, and welfare of the City. Prior to Planning Commission approval of a special use for earth removal, quarrying, gravel processing, mining, and related mineral extraction activities, the Planning Commission shall be satisfied that the following conditions and limitations are, or shall be strictly complied with, in addition to any other requirements contained in the Zoning Code or in any other City ordinance controlling such operations:
(1) 
Location.
A. 
All such operations shall be located on a primary road, as defined by the county, for ingress and egress there to or on a road which does not create traffic through an area developed primarily for residential purposes. Where necessary, the applicant may be required to construct and/or improve a road to accommodate the truck travel necessitated by the operations as a condition to such operation and for the purpose of routing traffic around residential areas and preventing the breaking up of existing road which are not "all-weather roads."
B. 
Sufficient setback shall be provided from all property lines and public highways to assure adequate lateral support for adjacent public and private property. No such excavation operations shall be permitted closer than 100 feet to interior boundary lines of the property, or such larger setback as may be required by the Planning Commission to adequately protect adjoining properties. However, if the adjoining property is also used for such mining and excavation operations then the Planning Commission may reduce, or eliminate the required setback or temporarily reduced to 50 feet if reclamation of the land is promptly affected to increase to at least 100 feet in accordance with the reclamation plan approved by the Planning Commission, and adequate lateral support as set forth is at all times maintained.
C. 
No such excavation operation shall be permitted within 50 feet of adjoining public right-of-way except for the lowering of land adjoining said rights-of-way to the grade level of said rights-of-way. Such excavation businesses shall at no time be permitted where adequate lateral support for the maintenance of adjoining lands is not maintained.
D. 
The permanent processing plant and its accessory structure shall not be located closer than 150 feet from the interior property lines and adjoining public rights-of-way and shall, where practicable, be located at a lower level than the surrounding terrain to lessen visual and noise impact. In addition, the foregoing shall apply to the digging or excavating apparatus and to the stockpiling or loading or materials and to the location of transportation equipment.
E. 
No such excavation operation shall be located within 100 feet of the banks of any stream or waterway unless previously approved, in writing, by the Michigan Water Resources Commission of such state commission having jurisdiction thereof. No such mining operations shall interfere with the natural established flow of surface waters to the detriment or damage of adjoining public or private properties.
(2) 
Sight barriers. Sight barriers shall be provided along all boundaries of the site, which lack natural screening conditions through existing contours or evergreen growth. Such barriers shall consist of one or more of the following:
A. 
Earth berms constructed to a height of six feet above the mean elevation of the center line of the adjacent public highway or six feet above the general level of terrain along interior property lines, as the case may be. Such berms shall have slopes that are not in excess of one foot vertical to three feet horizontal and shall be planted with grass, trees, or shrubs.
B. 
Plantings or evergreen trees or shrubbery in row parallel to the boundaries, of the property not less than four feet in height at the time of planting and which grow to not less than eight feet in height at maturity and sufficiently spaced to provide effective sight barriers within six feet in height.
C. 
Masonry walls or attractive solid fences made of uniform new materials constructed to a height or not less than six feet and maintained in good repair.
(3) 
Nuisance abatement.
A. 
Noise and vibration shall be minimized in their effect upon adjacent properties by the utilization of modern equipment designed to accomplish such minimization and by the proper use of berms, walls, and natural planting screens. All equipment shall be maintained and operated in such a manner so as to eliminate, as far as practicable, excessive noise and vibrations which are not necessary in the operation of such equipment.
B. 
Air pollution in the form of dust and dirt shall also be kept a minimum by the use of modern equipment and methods of operation designed to avoid any excessive dust or dirt or other air pollution injurious or substantially annoying to adjoining property owners. Interior and adjoining roads used in the operations shall have their surface treated to minimize any such nuisance.
C. 
Hours. The operation shall be restricted to the hours of 7:00 a.m. until 7:00 p.m., and no operations shall be allowed on Sundays.
D. 
Fencing. All dangerous excavations, pits, pond areas, bands of slopes shall be fenced and posted with signs around the perimeter thereof and maintained to prevent injury to children or others, and shall be eliminated as expeditiously as possible.
(4) 
Reclamation of mined areas.
A. 
Reclamation and rehabilitation of mined areas shall be accomplished as soon as practicable following the mining or excavation of an area. Rehabilitation and reclamation shall be commenced immediately upon the termination of the mining or excavation operations in any area consisting of one acre or more. Substantial completion of reclamation and rehabilitation shall be effective within one year after termination of mining or excavation activity. In activity for a twelve-month consecutive period shall constitute, for this purpose, termination of mining activity.
B. 
The following standards shall control reclamation and rehabilitation.
1. 
All excavation shall be either to a water-producing depth of not less than five below the average summer level of water in the excavation, or shall be graded or back-filled with non combustible solids to ensure:
a. 
That the excavated area shall not collect stagnant water and not permit the same to remain therein; or
b. 
That the surface of such area which is not permanently submerged is graded or back-filled as necessary to produce a gently rolling surface that will minimize wind and water erosion and which will be generally compatible with the adjoining land area.
2. 
The banks of all excavations shall be sloped to the waterline in a water-producing excavation and to the pit floor in a dry operation, at a slope which shall not be steeper than one foot vertical to three feet horizontal.
3. 
Topsoil of a quality equal to that occurring naturally in the area shall be replaced on excavated areas not covered by water except where streets, beaches, or other planned improvements area to be completed within a one-year period. Where used, topsoil shall be applied to a minimum depth of four inches sufficient to support vegetation.
4. 
Vegetation shall be restored by the appropriate seeding of grasses or the planting of trees and shrubs to establish a permanent vegetation cover on the land surface and to minimize erosion.
5. 
Upon cessation of mining operations by abandonment or otherwise, the operating company, within a reasonable period of time not to exceed 12 months thereafter, shall remove all plant structures, foundations, building(s), stockpiles and equipment, provided that building and structures which have a function under the reclamation plan and which can be lawfully used under the requirements of the zoning district in which they will be located under such plan, may be retained.
C. 
A performance bond or cash shall be furnished the Clerk insuring the proper rehabilitation and reclamation of the mined and excavated areas prior to start of any such mining or excavating operations. The amount of the guarantee shall be not less than $5,000 per acre proposed to be mined or excavated in the following twelve-month period and which has previously been mined or excavated during any preceding period and not reclaimed and rehabilitated in accordance with this Zoning Code and the applicant's filed plan. Mined areas resulting in a water depth of five feet or more shall be deemed to be reclaimed areas to within 15 feet of any vertical shoreline thereof and to the extent of the shoreline where the same has been sloped to a grade of not more than one vertical to three horizontal for the purpose of this financial guarantee. The Zoning Administrator shall review such financial guarantee annually, on or about the anniversary date of the excavation permit, for adjustment and compliance with the foregoing requirements. In no event shall such financial guarantee be less than $5,000 in amount.
(5) 
Submission of operational and reclamation plans.
A. 
No earth removal, quarrying, gravel processing, mining and related mineral extraction businesses shall be allowed or commenced until a plan has been submitted to the Planning Commission disclosing compliance with all of the provisions of the within Zoning Code or the manner in compliance will be secured by the applicants. Such plans shall include, among other things, the following:
1. 
A contour map of the tract of land involved in the operations, including dimensions of the same, and "all-weather" roads, additional road, if any, to be constructed and the location and nature of abutting improvements on adjoining property.
2. 
The number of acres and the location of the same proposed to be operated upon within the following twelve-month period after commencement of operations.
3. 
The type of mining, extraction, or related activity proposed to be conducted and the nature of the equipment to be used.
4. 
The location of the principal processing plant and the distance of any proposed excavation or mining from the boundaries of the site.
5. 
Soil boring test shall be made around the perimeter of the excavation site in the event excavation or activities are to be conducted closer than 150 feet from the boundaries of the site. Said soil boring tests shall disclose conditions satisfactory for lateral support of adjacent premises as determined by the City Engineer. The written consent the owners of adjoining premises and of the Planning Commission shall be required if mining operations shall be closer than specified in the within Zoning Code to the boundaries of the site.
6. 
A map or plan disclosing the final grades and elevations to be established following the completion of the mining operations including the proposed uses then contemplated for the land, future lakes, and roads and such other matters as may evidence the bona fide nature of the reclamation and rehabilitation plans devastated and the fact that the land will not be devastated and rendered unusable by the proposed mining activities.
(6) 
Hearing.
A. 
After receiving the special use application for an earth removal, quarrying, gravel processing, mining and related mineral extraction operation accompanied by the required plans and specifications and permit fee, the Planning Commission shall hold a public hearing upon such application.
B. 
Opportunity shall be given to all present to be heard at such hearing.
C. 
Following such hearing, said Planning Commission shall grant or deny the application and set forth its reasons for its decision. Such decision shall be based upon the criteria set forth in the within Zoning Code and shall be based, in addition, on a consideration of the following:
1. 
The most advantageous use of the land, resources and property.
2. 
The character of the area in question and its peculiar suitability, if any, for particular uses.
3. 
Conservation of property, as well as natural resources and the general and appropriate trend and character of development in the subject area.
4. 
The protection and preservation of the general health and safety and welfare of the City.
5. 
The scarcity or value of the minerals sought to be mined as compared with the effect upon the adjacent community of the proposed operations.
6. 
Whether or not the operations were previously in existence prior to the adoption of the text provision concerning the same and the extent and character of such pervious operations.
7. 
In making any decisions, the Planning Commission shall have the right and authority to impose such additional conditions and safeguards as it deems necessary for the protection of the health, safety and general welfare of the neighborhood and of the adjoining residents and property owners.
8. 
The Planning Commission may also limit the length of times its special use permit is to be effective and may provide for a periodic review of the proposed operations to ascertain compliance with the conditions and limitations imposed upon the same. It shall be empowered to renew or extend a special use permit where all standards and conditions are compiled with and may revoke or refuse to renew the same where non-compliance exists. No revocation or failure to renew or extend a permit shall release the applicant from the duty of rehabilitation and reclamation of said mined or disturbed area. No permit shall be revoked or not renewed until the operator has been given written notice of any violation forming the basis of such revocation or denial renewal and not less than 30 days have elapsed to correct the said violation. All permits shall be reviewed by the Planning Commission annually.
9. 
The operator shall be required to pay an annual fee to cover the cost of the inspectors and additional meetings of the Planning Commission as may be established by the City Council.
(7) 
Liability insurance. All operators shall be required to carry personal injury and property damage insurance while any unreclaimed or unrehabilitated area exists in the amount of not less than $100,000 for each person or property injured or damaged and not less than $300,000 for injury or damage to more than one person or one persons' property arising out of one occurrence. Such insurance shall cover injury or damage occurring upon the site of the operations as well as upon the properties adjoining thereto as a result of conditions or activities existing upon the site. A copy of the policy shall be filed with the Clerk.
(g) 
Two-family residences in A-2 District. Two-family residences must comply with all of the other applicable regulations, including those regulations in Chapter 1278.04, and the following conditions:
(1) 
Lot area. Two-family residences may be erected at a ratio of 4,300 square feet per family. For all two-family residences, the required lot area must be measured within 132 feet of the front street line.
(2) 
Lot width. No lot with an average width of less than 66 feet may be utilized.
(3) 
Conversions of existing buildings. The maximum ratio for converted units shall be one dwelling unit for each 3,000 square feet of lot area to a total of not more than two units.
(4) 
Minimum number of off-street parking spaces. There shall be a minimum of four off-street parking spaces.
(h) 
Adult use marihuana establishments.
[Added 6-22-2020 by Ord. No. 832]
(1) 
Purpose and intent. The purpose of this section is to protect the public health, safety, and welfare, and neighborhood character, minimize negative community impacts, and enact effective regulatory and enforcement controls through minimum land use requirements for City-permitted marihuana establishments in the City of Coldwater. Marihuana establishments permitted as a special land use use under this section shall be only those whose applicants have previously obtained a municipal marihuana license as authorized in Chapter 880, marihuana establishments, of Part Eight, Business Regulation and Taxation Code, of the Code of Ordinances of the City of Coldwater. Marihuana retail businesses have demonstrated a strong demand for storefront spaces; and without separation distances, they will concentrate in clusters. The purposes of the additional separation distances required for marihuana retailers and marihuana microbusinesses in the C-2 Central Business District and the C-4 General Business District are to avoid the concentration of any one particular use within a district, which can be burdensome for reasons of excessive parking needs and/or traffic congestion, to avoid limiting the type and variety of businesses that might otherwise exist if there is an oversaturation of one type of business, and to preserve commercial retail viability and variety in the C-2 Central Business District and the C-4 General Business District, among other purposes. The purpose for allowing a marihuana retailer only as an accessory use to a marihuana processor or marihuana grower in the D-2 Heavy Industrial District is to preserve the industrial and agricultural character of the D-2 Heavy Industrial District. This section is to be construed to protect the public over marihuana establishments and licensee interests. Operation of a marihuana establishment is a revocable privilege and not a right in the City. There is no property right for a person or entity to engage in or obtain a license to engage in any marihuana commercial enterprise within the boundaries and jurisdiction of the City.
(2) 
Marihuana special land use approval required.
A. 
It shall be unlawful for any person to operate an adult use marihuana establishment in the City without obtaining marihuana establishment special land use approval pursuant to the requirements of this section, together with a municipal marihuana license as required in Chapter 880, marihuana establishments, of the City of Coldwater Code of Ordinances, and any other licenses or permits required by any other federal, state, or local agency having jurisdiction.
B. 
The issuance of marihuana establishment special land use approval pursuant to this section does not create an exception, defense, or immunity to any person in regard to any potential civil or criminal liability.
C. 
Marihuana establishment special land use approval shall be required for each separate marihuana establishment licensed or to be licensed to operate by the MRA pursuant to the MRTMA and for each location of any permitted marihuana establishment.
(3) 
Application requirements. An application for marihuana establishment special land use approval shall be accompanied by a site plan if required pursuant to Chapter 1265, Site Plan Review, together with any additional information necessary to describe the proposed establishment. At the time of submitting the application for marihuana establishment special land use approval, the applicant must have submitted a completed application for a municipal marihuana license as set forth in Chapter 880 and received a municipal marihuana license issued provisionally under that chapter. At a minimum, the following materials shall be submitted as part of a marihuana establishment special land use approval application, in addition to the site plan review application requirements of Chapter 1265:
A. 
Verification. A signed statement by the applicant indicating the proposed marihuana establishment type or types.
B. 
Consent. A notarized statement by the property owner that acknowledges use of the property for the specified marihuana establishment and an agreement to indemnify, defend and hold harmless the City, its officers, elected officials, employees, and insurers, against all liability, claims or demands arising out of, or in connection to, the operation of a marihuana establishment. Written consent shall also include approval by the owner and the operator of the marihuana establishment for the City to inspect the establishment at any time during normal business hours to ensure compliance with applicable laws and regulations.
C. 
State license documents. A copy of official paperwork issued by MRA as follows:
1. 
For marihuana grower, processor, retailer, and microbusiness special land use applications, all paperwork indicating that the applicant has successfully completed the prequalification step of the application for the state operating license associated with the proposed land use.
2. 
For marihuana secure transporter and safety compliance establishment applications, all paperwork indicating that the applicant has successfully completed the prequalification step of the application for the state operating license associated with the proposed land use, or proof that the applicant has filed such application for the prequalification step with MRA, including all necessary application fees.
3. 
For all marihuana establishment applications, MRA-required marihuana facility plans and security plans shall be submitted. Copies of all documents submitted to MRA in connection with the initial license application, subsequent renewal applications, or investigations conducted by MRA shall be made available upon request when such information is necessary and reasonably related to the application review.
D. 
Proof of insurance. Evidence of a valid and effective policy for general liability insurance within minimum limits of $1,000,000 per occurrence and a $2,000,000 aggregate limit issued from a company licensed to do business in Michigan having an AM Best rating of at least B++ shall be produced that includes the name/s of the insured, effective and expiration dates, and policy number. The City of Coldwater and its officials and employees shall be named as additional insureds. The City shall be notified of any cancellation, expiration, reduction in coverage, or other policy changes within five business days of the event.
(4) 
Additional requirements. In addition to the site plan requirements as set forth in Chapter 1265 of this Part and as otherwise specified in this section, the following information shall also be submitted as part of the application for marihuana establishment special land use approval:
A. 
A map, drawn to scale, showing all then-existing K-12 public or private schools near the proposed marihuana establishment location and a 500-foot isolation radius drawn around the proposed location to show the required separation distance.
B. 
For a marihuana retailer seeking marihuana establishment special land use approval in the C-2 Central Business District and for a marihuana retailer or marihuana microbusiness seeking marihuana establishment special land use approval in the C-4 General Business District, the map shall show all City-approved special land use marihuana retailers and marihuana microbusinesses in the district and a 1,000-foot isolation radius drawn around the proposed location to show the required separation distance.
C. 
A narrative describing how the enclosed areas with marihuana have been secured and how approved individuals will be given access.
D. 
A detailed security plan that addresses security measures at the marihuana establishment, such as surveillance methods, access control strategies, maintenance, the applicant's closing procedures after the cessation of business each day, and safety for customers, employees, and neighbors.
E. 
A lighting plan showing the lighting outside of the marihuana establishment for security purposes and compliance with Section 1296.03 and any and all other applicable City requirements.
F. 
A floor plan of the marihuana establishment detailing the locations of the following:
1. 
All entrances and exits to the establishment;
2. 
The location of any windows, skylights, and roof hatches;
3. 
The location of all cameras, and their field of view;
4. 
The location of all alarm inputs (door contacts, motion detectors, duress/holdup devices) and alarm sirens;
5. 
The location of the digital video recorder and alarm control panel, including the location of the off-site storage or network service provider for storage of the required copies of surveillance recordings; and
6. 
Restricted and public areas.
G. 
The applicant's procedures for accepting delivery of marihuana at the establishment, including procedures for how and where it is received, where it is stored, and how the transaction is recorded.
H. 
A plan for facility inspection by the City, which shall include no less than an annual comprehensive fire and security inspection.
(5) 
General provisions. Marihuana establishments shall be subject to the following requirements:
A. 
Building required. Marihuana establishments must be within an enclosed, secured building.
B. 
Separation distances. The distances described in this subsection shall be computed by measuring a straight line from the closest point on the closest property line of the land proposed to be used as a marihuana establishment to the closest point on the closest property line of the parcel of an existing public or private K-12 school, property within the AA, A-1, A-2 or A-3 District, or specified marihuana establishments.
1. 
The following minimum-distancing regulations shall apply to all marihuana establishments. A marihuana establishment shall not be located within:
a. 
Five hundred feet of an existing public or private K-12 school; and
b. 
Five hundred feet of any property within the AA, A-1, A-2 or A-3 Districts.
2. 
In addition to the minimum-distancing regulations set forth above, the following minimum-distancing regulations shall apply:
a. 
In the C-2 Central Business District, no marihuana retailer shall be permitted within 1,000 feet of any other permitted marihuana retailer.
b. 
In the C-4 General Business District, no marihuana retailer or marihuana microbusiness shall be permitted within 1,000 feet of any other permitted marihuana retailer or marihuana microbusiness.
3. 
The filing of an application for marihuana establishment special land use approval at a location shall not prohibit the filing or consideration of another application seeking marihuana establishment special land use approval for another location within a minimum separation distance requirement outlined in this section. However, once a marihuana establishment special land use approval has been granted for a marihuana retailer in the C-2 Central Business District, or for a marihuana retailer or marihuana microbusiness in the C-4 General Business District, no other application within the 1,000-foot minimum isolation radius shall be further considered.
C. 
Restriction on marihuana retailers in the D-2 Heavy Industrial District. No marihuana retailer shall be allowed in the D-2 Heavy Industrial District except as an accessory use to a marihuana grower or a marihuana processor at the same location.
D. 
Odors. A marihuana establishment shall be designed to provide sufficient odor-absorbing ventilation and exhaust systems so that any odor generated inside the establishment or on the premises is not detected by a person with a normal sense of smell outside the building in which it operates, at the exterior of the marihuana establishment property line, at any adjoining use or property, on adjacent public rights-of-way, private road easements, or within other units located within the same building as the marihuana establishment if it occupies only a portion of the building. Odors must be controlled and eliminated by the following methods:
1. 
The building must be equipped with an activated air-scrubbing and carbon filtration system that eliminates all odors prior to leaving the building. Fan(s) must be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the applicable CFM.
2. 
Air-scrubbing and filtration systems must be maintained in working order and must be in use at all times. Filters must be changed per manufacturers' recommendation to ensure optimal performance.
3. 
Negative air pressure must be maintained inside the building:
a. 
At a ratio of 1:4 between the air intake (CFM) and exhaust fan (CFM), or a similar ratio as approved by the Planning Commission.
b. 
A minimum negative pressure of 0.01 inch water column relative to the building exterior and to adjacent spaces without product.
c. 
A minimum exhaust rate of 0.2 CFM per square foot of floor area or greater.
4. 
Doors and windows must remain closed, except for the minimum time length needed to allow people to ingress or egress the building.
5. 
The Planning Commission may grant an alternative odor control system if a mechanical engineer licensed in the State of Michigan submits a report that sufficiently demonstrates the alternative system will be equal or superior to the air-scrubbing and carbon filtration system otherwise required.
E. 
Hours of operation. Hours of operation for a marihuana retailer and marihuana microbusiness shall be limited to no earlier than 9:00 a.m. and no later than 9:00 p.m., Monday through Sunday.
F. 
Waste. A marihuana establishment shall be operated and maintained at all times so that any by-products or waste of any kind shall be properly and lawfully kept and disposed of so as to preclude any risk of harm to the public health, safety, or welfare.
G. 
A marihuana establishment shall not be operated out of a residence or any building used wholly or partially for residential purposes.
H. 
Any portion of the marihuana establishment structure where energy usage and heat exceed typical residential use, such as a grow room, and the storage of any chemicals such as herbicides, pesticides, and fertilizers shall be subject to inspection and approval by the Fire Department to ensure compliance with applicable fire codes. Any fuel, fertilizer, pesticide, fungicide, rodenticide, herbicide, or other substance toxic to wildlife, children, or pets shall be stored in a secured and locked area and be in compliance with state pesticide laws and regulations.
I. 
A marihuana establishment shall not be operated from a business which also sells alcoholic beverages or tobacco products.
J. 
No drive-through facilities shall be approved.
K. 
A marihuana establishment shall comply at all times and in all circumstances with the MRTMA and the Administrative Rules promulgated by the MRA and Michigan Department of Licensing and Regulatory Affairs.
L. 
All necessary building, electrical, plumbing, and mechanical permits shall be obtained for any portion of the structure which contains electrical wiring, lighting, and/or watering devices that support the cultivation, growing or harvesting of marihuana.
M. 
Strict compliance with any applicable state law, rule, or regulation, this Title, and Chapter 880, are required conditions of any special use permit issued under this section.
N. 
In the event of any conflict between this Title and state law, the terms of this Title are preempted, and the controlling authority shall be the state law and the statutory regulations set forth by the MRTMA or the rules adopted by the Michigan Department of Licensing and Regulatory Affairs ("LARA" or "Department") to implement, administer, or enforce the MRTMA.
(6) 
Effect of special land use approval.
A. 
Special land use approval for an adult use marihuana establishment is valid only for the location identified on the application and shall not be transferred to another location within the City.
B. 
Special land use approval will not prohibit prosecution by the federal government of its laws or prosecution by state authorities for violations of the Act or other violations not protected by the Michigan Regulation and Taxation of Marihuana Act.
C. 
Compliance with City ordinances and state statutes and all rules promulgated thereunder is a condition of continuance of marihuana establishment special land use approval. Marihuana establishment special land use approval may be suspended or revoked pursuant to Subsection (h)(8) if such ordinances and/or statutes and/or regulations are violated.
D. 
Nothing contained herein is intended to limit the City's ability to prosecute code violations that may have been the cause of the suspension or any other code violations not protected by the Michigan Regulation and Taxation of Marihuana Act.
(7) 
Denial of special land use application.
A. 
Applications for marihuana establishment special land use approval that are denied shall not be refunded the $5,000 municipal marihuana license application fee required in Chapter 880, marihuana establishments, of Part Eight, Business Regulation and Taxation Code, of the Code of Ordinances of the City of Coldwater.
B. 
Upon denial of marihuana establishment special land use approval by the Planning Commission, the applicant's proposed location shall not be used to establish separation distances for subsequent marihuana establishment special land use applications.
C. 
If the applicant chooses to resubmit an application, the resubmission shall be considered a new application.
D. 
Denial of marihuana establishment special land use approval may be appealed to the Zoning Board of Appeals in accordance with the provisions of this Zoning Code. Such appeal shall be filed within 10 days of the date of a final decision made by the Planning Commission. Review by the Zoning Board of Appeals shall be limited to site plan conditions and shall not include review of the Planning Commission's determinations as to the basis of determination as set forth in Section 1295.04.
(8) 
Violations. Failure to strictly comply with the requirements of this Subsection 1295.05(h), the MRTMA, the Marihuana Tracking Act, and all applicable rules promulgated by the State of Michigan regarding marihuana shall be considered a violation of the Zoning Ordinance.
A. 
Request for revocation of state operating license. If at any time an adult use marihuana establishment authorized pursuant to this section violates this chapter or any other applicable City ordinance, the City may request that LARA revoke or refrain from renewing the establishment's state operating license.
B. 
Revocation of special land use approval. Any approval granted for a marihuana establishment as a special land use may be revoked or suspended automatically for any of the following reasons:
1. 
Revocation or suspension of the licensee's authorization to operate by the state.
2. 
A finding by LARA that a rule or regulation has been violated by the licensee. After an automatic revocation of special land use approval, a new special land use application shall be required for an establishment to commence operation at the same location.
3. 
Other violations of the Zoning Ordinance, special land use approval, or conditions imposed thereon by the Planning Commission.
C. 
Warnings. All special use permit holders under this subsection, and their employees and agents, are presumed to be fully aware of the applicable law; the City shall not be required to issue warnings before issuing citations or other enforcement measures for violations of the special use permit or any applicable City ordinance, or state law or rule.