A.
Boarding and renting of rooms.
(1)
This use shall be considered as an accessory use; board or renting
shall not be furnished to more than two persons in addition to the
family.
(2)
In the case of renting rooms, such convenience shall not be
furnished unless there shall be provided at least 50 square feet of
floor area per boarder or renter in that part of the building directly
occupied for rooming purposes.
(3)
Boarding and the renting of rooms shall not include the operating
of what is normally termed a restaurant or similar use where meals
are served to transient guests. Board shall not be provided to other
than those rooming in the residence.
B.
Dwelling units. All newly constructed dwellings (single-family or
multiple-family) for which a building permit is required shall be
reviewed by the Building Official and shall be subject to the following
conditions:
(1)
Dwelling units shall conform to all applicable City codes and
ordinances. Any such local requirements are not intended to abridge
applicable state or federal requirements with respect to the construction
of the dwelling.
(2)
Dwelling units shall be permanently attached to a perimeter
foundation. In instances where the applicant elects to set the dwelling
on piers or other acceptable foundations which are not at the perimeter
of the dwelling, then a perimeter wall shall also be constructed.
Any such perimeter wall shall be constructed of durable materials
and shall also meet all local requirements with respect to materials,
construction and necessary foundations below the frost line. Any such
wall shall also provide an appearance which is compatible with the
dwelling and other homes in the area.
(3)
Dwelling units shall be provided with exterior finish materials
similar to the dwelling units on adjacent properties or in the surrounding
residential neighborhood.
(4)
Dwelling units shall be provided with roof designs with a minimum
pitch of 4:12. Roofing materials shall be similar to the dwelling
units on adjacent properties or in the surrounding residential neighborhood.
(5)
Dwelling units shall be provided with attached garages in areas
where 75% of the dwelling units located within 300 feet of the subject
premises have attached garages.
(6)
Dwelling units shall be provided with an exterior building wall
configuration which represents an average width-to-depth or depth-to-width
ratio which does not exceed three to one, or is in reasonable conformity
with the configuration of dwelling units on adjacent properties or
in the surrounding residential neighborhood. Each such dwelling unit
shall provide a minimum width and depth of at least 20 feet over 80%
of any such width or depth dimension.
(7)
The dwelling shall contain storage capability in a basement
located under the dwelling, in an attic area, in closet areas, or
in a separate structure of standard construction similar to or of
better quality than the principal dwelling, which storage area shall
be equal to 10% of the square footage of the dwelling or 100 square
feet, whichever shall be less.
(8)
Any such home shall be anchored by an anchoring system approved
by the City.
(10)
The Building Official or Planning Commission shall not seek
to discourage architectural variation, but shall seek to promote the
reasonable compatibility of the character of dwelling units, thereby
protecting the economic welfare and property value of surrounding
residential uses and the City at large. In reviewing any such proposed
dwelling unit, the Building Official may require the applicant to
furnish such plans, elevations, and similar documentation reasonably
necessary to permit a complete review and evaluation of the proposal.
The surrounding residential area shall mean those dwellings within
300 feet of the subject premises. If the area within 300 feet does
not contain 20 homes, then the nearest 20 similar type dwellings shall
be considered.
C.
Home occupations.
(1)
Home occupation shall not be permitted that:
(a)
Changes the outside appearance of the dwelling or is visible
from the street;
(b)
Generates traffic, parking, sewerage or water use in excess
of what is customary in the residential neighborhood;
(c)
Creates noise, vibration, glare, fumes, odors or results in
electrical interference, or becomes a nuisance;
(d)
Results in outside storage or display of anything, including
signs;
(e)
Requires the employment of anyone in the home other than the
dwelling occupant;
(f)
Requires exterior building alterations to accommodate the occupation;
(g)
Occupies more than 25% of the ground floor area of the dwelling,
or 50% of a detached garage;
(h)
Requires parking for customers that cannot be accommodated on
the site and/or not exceeding one parking space at curb side on the
street;
(i)
Requires the delivery of goods or the visit of customers before
8:00 a.m. and after 8:00 p.m.
(2)
The following are permitted home occupations, provided they
do not violate any of the provisions of the previous subsection:
(a)
Barber shop or beauty shop with no more than one chair;
(b)
Dressmaking, sewing and tailoring;
(c)
Painting, sculpturing or writing;
(d)
Telephone answering;
(e)
Home crafts, such as model-making, rug-weaving and lapidary
work;
(f)
Tutoring, limited to four students at a time;
(g)
Home cooking and preserving;
(h)
Computer programming;
(i)
Salespersons office or home office of a professional person;
(j)
Laundering and ironing;
(k)
Repair of clocks, instruments or other small appliances which
do not create a nuisance due to noise, vibration, glare, fumes, odors
or results in electrical interference;
(l)
Instruction in a fine art or craft.
(3)
The following are prohibited as home occupations:
(4)
Any proposed home occupation that is neither specifically permitted by Subsection C(2) nor specifically prohibited by Subsection C(3) shall be considered a use permitted subject to special conditions and be granted or denied upon consideration of those standards contained in Subsection C(1) above and under the procedures specified in Article XIX.
[Amended 9-26-2013]
D.
Transitional housing.
[Added 1-4-2021]
(1)
Community
need standards. Any application for transitional housing must demonstrate
that the housing is needed to take care of the homeless needs that
exist within the greater Lapeer area.
(2)
The
transitional housing must be associated with a charitable association,
such as a 501(c) organization or a governmental agency.
(3)
Transitional
housing shall comply with all applicable federal and Michigan statutory
requirements.
(4)
Transitional
housing shall comply with all applicable Building and Fire Codes,
including maximum occupancy restrictions.
(5)
If
the transitional housing organization plans to offer drug or alcohol
abuse counseling to residents of the shelter, the applicant shall
advise the City on any state licensing that may be required and demonstrate
compliance as appropriate.
(6)
Prior
to occupancy, the Lapeer Building Code and Fire Code Officials shall
approve the maximum number of beds allowed in a facility. In an emergency
situation (as declared by local emergency management officials, the
Lapeer Fire Marshal may allow a facility to add additional beds if
appropriate given the occupancy constraints of the building.
(7)
The
building shall provide 100 square feet of heated building space per
person staying overnight at the facility.
(8)
The
facility shall not be located within 1,000 feet of a prekindergarten
through grade 12 school.
(9)
Overnight
sleeping accommodations shall be offered for little or no financial
compensation, and shall be operated in a manner that encourages short-term
occupancy by residents.
(10)
Smoke alarms and carbon monoxide detectors, approved by the Lapeer
Building Code and Fire Code Officials, must be provided in all sleeping
and food preparation areas. The number of devices required will be
dependent on the layout of the facility.
(11)
Adequate management, support staff and security must be present during
the hours of operation of the facility. A minimum of one supervisory-level
staff member must be present on the site during all hours of operation.
Management staff must make best efforts to ensure that loitering does
not occur on the property at any time and must ensure that clients
are not creating a nuisance to the neighborhood.
(12)
Management policies. An applicant for transitional housing, as part
of the application process, shall prepare and file with the City its
management policies as they relate to the following:
(a)
A residential identification process.
(b)
Staffing/volunteer levels and provisions for staff and volunteer
training.
(c)
Neighborhood outreach.
(d)
Length of stay of residents.
(e)
Hours of operation and standard lights-out.
(f)
Policies regarding safety and security and to include emergencies.
(g)
Smoking policy to include identification of areas where smoking is
to be permitted on the site.
(h)
A written fire safety and emergency escape plan.
(13)
Operators shall keep a list to account for all persons staying at
the facility, and the register shall be available for inspection by
City Public Safety, Housing, Building or Health Officials at any time.
E.
Apartments
above business establishments. The minimum floor area for apartment
units shall be the same as shown in Table 7.04.3.
[Added 12-19-2022]
F.
Apartments
on the first floor:
[Added 12-19-2022]
(1)
The
minimum floor area for apartment units shall be the same as shown
in Table 7.04.3.
(2)
The
apartments shall not exceed 25% of the total gross floor area on the
first floor.
(3)
The
apartment shall be located in the rear part of the building where
apartment's entrance or unit windows shall not be visible from the
front lot line.
B.
Farms. Farms on those parcels of land separately owned outside the
boundaries of either a proprietary or assessor's plat are subject
to the health and sanitation provisions of the City of Lapeer, and
shall be further subject to the following:
(1)
Property shall be used for agriculture or horticulture for commercial,
hobby or personal purposes, including but not limited to: greenhouses,
nurseries, orchards, chicken hatcheries, poultry farms and apiaries.
(2)
Buildings, structures, or yard areas used for the keeping of
animals shall be located not less than 100 feet from a property line.
(3)
No farms shall be operated as garbage-fed piggeries, or for
the disposal of garbage, sewage, rubbish, offal or rendering plants,
or for the slaughtering of animals, except such animals as have been
raised on the premises or have been maintained on the premises for
at least a period of one year immediately prior thereto and for the
use and consumption by persons residing on the premises.
(4)
Establishments keeping or operating fur-bearing animals, public
riding, or boarding stables or commercial dog kennels, shall not be
considered a farm under this chapter unless combined with bona fide
farm operations on the same continuous tract of land.
(5)
None of the provisions of this chapter is intended to conflict
with those rights protected under the Michigan Right to Farm Act,
MCLA § 286.471 et seq.
B.
Colleges, universities and other such institutions of higher learning
(public and private, offering courses in general, technical or religious
education and not operated for profit).
C.
Places of public assembly and places of worship. Places of public
assembly and places of worship, as well as other facilities normally
incidental thereto with a seating capacity of less than 500 people
or parking for less than 250 vehicles.
(1)
Buildings of greater than the maximum height permitted in the
district may be allowed, provided front, side and rear yards are increased
above the minimum required yards by one foot for each foot of building
height that exceeds the maximum height allowed.
(2)
Adequate site space to allow for expansion shall be provided
in order to allow for growth of facilities without causing an impact
on any adjacent residential neighborhood.
(3)
The site shall have access to a paved arterial or collector
street as defined in the Master Plan.
(4)
Storage of buses, trucks and maintenance equipment shall be
entirely within a totally enclosed building.
(5)
Outdoor lighting of buildings and grounds shall be completely
shielded from abutting residential areas.
D.
Large-scale places of public assembly and places of worship. Large-scale
places of public assembly and places of worship with a seating capacity
of more than 500 people or parking for more than 250 vehicles.
(1)
The site shall have at least 150 feet of frontage on a major
thoroughfare as designated on the Master Plan.
(2)
All access to the site shall be from major thoroughfares.
(3)
All buildings shall have a setback a minimum of 50 feet from
any lot line in an abutting single-family residential district, unless
such abutting lot is occupied by an existing institutional use other
than a dwelling unit.
(4)
All structures and parking and loading areas shall meet the
requirements for a type "B" buffer and setback required in Table 7.15.1
when the lot line abuts a single-family residential district.
(5)
Storage of buses, trucks and maintenance equipment shall be
entirely within a totally enclosed building.
(6)
Outdoor lighting of buildings and grounds shall be completely
shielded from abutting residential areas.
(7)
An analysis of the impact on existing traffic patterns in the
City must be submitted for the Planning Commission's review and consideration.
At a minimum, the traffic impact analysis should provide existing
and future traffic counts and a quantitative assessment of the impact
the proposed development will have on the level of service for the
affected thoroughfares.
A.
Commercial establishments consisting of one or more uses and a minimum
of 80,000 square feet in gross floor area.
(1)
Land considered for the B-3 Regional Business District use must
have a minimum area of 10 acres under single ownership and control,
or the mix of lots being developed as an integrated and cohesive development
must have a combined minimum area of 10 acres. At least one anchor
store with a minimum of 80,000 square feet shall be included in the
development.
(2)
Prior to the approval of any B-3 Regional Business District,
an analysis of the impact on existing traffic patterns in the City
must be submitted for the Planning Commission's review and consideration.
At a minimum, the traffic impact analysis should provide existing
and future traffic counts and a quantitative assessment of the impact
the proposed development will have on the level of service for the
affected thoroughfares.
B.
Business in the character of a drive-through.
(1)
A setback of at least 60 feet must be maintained from the right-of-way
line of any existing or proposed street and the drive-through window.
(2)
No more than three drive-through lanes are permitted per parcel
in the B-1 District.
(3)
Ingress and egress points shall be located at least 60 feet
from the intersection of any two streets.
(4)
All lighting shall be shielded from adjacent residential districts.
(5)
The drive-through lane shall be a minimum of 10 feet wide. Clear
identification and delineation between the drive-through facility
and the parking lot shall be provided.
(6)
Each drive-through facility shall provide a bypass lane to allow
other vehicles to pass those waiting to be served.
(8)
The drive-through facility shall be located on the side or rear
elevation of the building to minimize visibility from a public or
private roadway. The drive-through window and menu board speaker shall
not face an adjacent residential district.[1]
[1]
Editor's Note: Former Subsection B(9), regarding drive-through
restaurants between Tower Drive and Turrill Road, which immediately
followed, was repealed 12-5-2022 by Ord. No. 2022-04.
C.
Home centers and lumber yards.
(1)
Locations for any such establishment shall be confined to major
thoroughfares and shall have the entrance to the business and the
parking area on the major thoroughfare, except when access is more
appropriate and safe from another street that can accommodate the
projected traffic.
(2)
Lumber yard storage associated with such activities shall be
completely obscured from view from public streets and from residential
districts in a manner acceptable to the Planning Commission.
(3)
Seasonal displays (garden centers) are not required to be obscured
from view.
(4)
Outdoor display of materials or articles for sale, other than
a preapproved garden center, including accessory buildings for sale,
must undergo an annual administrative zoning review. Outdoor display
shall not be allowed in the required front yard setback or in required
parking spaces.
D.
Funeral homes and mortuary establishments.
(1)
The site plan shall provide for adequate off-street assembly
area for vehicles to be used in funeral processions, provided further
that such assembly area shall be provided in addition to any required
off-street parking area.
(2)
A caretaker's residence may be provided within the building
of mortuary establishments.
E.
Animal crematorium.
[Added 7-6-2021]
(1)
All
crematoriums shall be a minimum of 300 feet from any residential use,
school, or day-care center. The distance shall be measured from the
nearest portion of the crematorium building to the nearest portion
of the residential, school, or day-care parcel.
(2)
All
activity relating to the dead shall be handled discreetly and be screened
from public view to the maximum extent possible, including delivery
and storage of the remains.
(3)
Crematoriums
shall not be used for the disposal of any waste materials.
(4)
Animal
crematoriums shall not emit any visible air emissions nor generate
odors which are discernible beyond their lot lines.
(5)
The
applicant or applicant’s representative for a crematorium shall
make a presentation to the Planning Commission on the proposed cremation
equipment, including emission control devices and chimney stack height.
Such presentation shall include plans for ongoing emission monitoring
and performance testing and documentation that all emissions fall
within accepted industry practices and meet all applicable state or
federal air quality standards. In the case of use of an existing building,
the information shall be provided to Planning Department staff.
(6)
Crematoriums
shall be constructed, installed, operated and maintained in accordance
with all manufacturers’ specifications and all applicable federal,
state and local permits, as amended.
(7)
The
applicant shall identify and provide copies of any certifications
that will be required to operate the crematorium both from a facility
standpoint and an operator’s standpoint.
(8)
Any
additional standards or operation requirements that are needed to
protect the public health, safety and welfare or to address unique
characteristics of a particular site as defined by the City Planning
Commission shall be complied with by the landowner and/or developer
and crematorium operator and owner.
(9)
Animal
crematoriums shall be for domesticated animals only.
(10)
Animal crematoriums may provide room(s) for private viewing of the
cremation by members of the animal's family but may not be used to
conduct public or private funeral services.
(11)
Animals' remains may not be stored on the property for more than
five days. The storage container shall prevent decay and odor.
A.
Automobile service station for sale of gasoline, oil and minor accessories.
(1)
The curb cuts for ingress and egress to a service station shall
not be permitted at such locations that will tend to create traffic
hazards in the streets immediately adjacent thereto. Entrances shall
be no less than 25 feet from a street intersection (measured from
the road right-of-way) or from adjacent residential districts.
(2)
The minimum lot area shall be 10,000 square feet and so arranged
that ample space is available for motor vehicles which are required
to wait.
(3)
Overhead canopies shall be set back at least 20 feet from the
right-of-way with materials consistent with the principal building.
The proposed clearance of the canopy shall be noted on the site plan.
Lighting within the canopy shall be fully recessed.
(4)
All lighting shall be shielded from adjacent residential districts.
(5)
All rest room doors shall be shielded from adjacent streets
and residential districts.
B.
Automobile service station for sale of gasoline, oil and minor accessories,
when developed in conjunction with a convenience market and accessory
services such as fast-food facilities and automated automobile washes.
(1)
The site shall be at the intersection of major thoroughfares
as defined by the Master Plan.
(2)
The site must abut on a minimum of one side property that is
zoned or planned for commercial use.
(3)
There shall be a limit of a single facility for any single platted
industrial park in the City.
(4)
Automobile repair work shall be prohibited.
(5)
Curb cuts for ingress and egress to a service station shall
not be permitted at such locations what will tend to create traffic
hazards in the streets immediately adjacent thereto. Entrance shall
be no less than 25 feet from a street intersection (measured from
the road right-of-way) or from adjacent residential districts.
(6)
The minimum lot area shall be 10,000 square feet, and so arranged
that ample space is available for motor vehicles which are required
to wait.
(7)
Overhead canopies shall be set back at least 20 feet from the
right-of-way with materials consistent with the principal building.
The proposed clearance of the canopy shall be noted on the site plan.
Lighting within the canopy shall be fully recessed.
(8)
All rest room doors shall be shielded from adjacent streets
and residential districts.
C.
Minor automobile repair shops.
(1)
The site shall have access to a paved arterial or collector
street as defined in the Master Plan.
(2)
Access to and from such use shall not be cause for traffic to
utilize local streets.
(3)
Outdoor storage of parts or materials shall be prohibited unless
such storage is within a fenced and obscured area which meets all
setback requirements.
(4)
Vehicles shall not be allowed to be stored outside the building
for more than 48 hours unless awaiting repair for which a "work order,"
signed by the owner of the vehicle, is posted in the vehicle so as
to be visible from outside the vehicle.
(5)
Areas for off-street parking required for customer use shall
not be utilized for the storage of vehicles awaiting repair.
(6)
All vehicle servicing or repair, except minor repairs, such
as, but not limited to: tire changing and headlight changing, shall
be conducted within a building.
(7)
Suitable containers shall be provided and utilized for the disposal
of used parts and such containers shall be screened from public view.
D.
Major automotive repair. Major automotive repair businesses such
as engine rebuilding, paint and body shops, rebuilding or reconditioning
of motor vehicles and collision service shall be subject to the following:
(1)
Outdoor storage of parts or materials shall be prohibited.
(2)
Vehicles shall not be allowed to be stored outside the building
for more than 48 hours unless awaiting repair for which a work order,
signed by the owner of the vehicle, is posted in the vehicle so as
to be visible from outside the vehicle. The area to be used for vehicle
storage shall be shown on the site plan.
(3)
Areas for off-street parking required for customer use shall
not be utilized for the storage of vehicles awaiting repair.
(4)
All vehicle servicing or repair shall be conducted within an
enclosed building.
(5)
Suitable containers shall be provided and utilized for the disposal
of used parts, and such containers shall be screened from public view.
Used tire storage shall be limited to 25 tires and all tires shall
be stored inside a building.
E.
Outdoor sales space for exclusive sale of secondhand automobiles.
(1)
Outdoor storage of automobiles or vehicles for sale shall not
be permitted in any required front or required side yard.
(2)
All lighting shall be shielded from adjacent residential districts.
(3)
Ingress and egress to the outdoor sales area shall be at least
60 feet from the intersection of any two streets.
(4)
Any use involving the maintenance, service or repair of vehicles
shall also meet the standards for automobile repair businesses.
(5)
The entire area of the sales space shall be provided with asphaltic
or concrete surfacing.
F.
Automobile car wash, including self-service car wash.
(1)
Only one ingress/egress driveway shall be permitted on any single
street.
(2)
Vacuuming and drying may be located outside the building, but
shall not be in the required front yard and shall be set back at least
50 feet from any residential district. Such areas shall be screened
with obscuring landscaping as determined by the Planning Commission.
A.
Motels and hotels.
(1)
Ingress and egress must not conflict with adjacent business
uses.
(2)
Kitchen or cooking facilities shall not be provided within individual
units, with the exception of units for the use of the manager or caretaker.
This does not prohibit refrigerators, microwaves and coffee makers
within individual units.
(3)
Each unit shall contain not less than 250 square feet of floor
area.
A.
Adult entertainment uses.
(1)
Purpose.
(a)
It is recognized that there are some uses which, because of
their nature, are recognized as having objectionable, operations characteristics,
particularly when several of them are concentrated in an area, thereby
having deleterious effect upon adjacent areas. Special regulations
of these uses are necessary to insure that these adverse effects will
not contribute to the blighting, deteriorating, and/or downgrading
of the area and the adjacent areas. The City believes control or regulation
is for the purpose of preventing the overcrowding of such uses into
a particular location and thereby minimize their adverse impact on
any specific neighborhood.
(b)
The prohibition against the establishment of more than one adult
regulated use, within 500 feet of each other and other incompatible
uses, serves to avoid the clustering of such uses, avoids the deleterious
effects of blight and downgrading of both business and residential
property values, and prevents the deleterious effect of blight and
devaluation of recreation, educational and/or religious uses.
(c)
Distance limitations shall be measured along a straight line
forming the shortest distance between any portion of the subject parcel
and parcels zoned residential or occupied by uses specified herein.
(d)
Concern for, and pride in, the orderly planning and development
of the neighborhood and area should be encouraged and fostered in
those persons who comprise the business and residential segments of
that neighborhood and area.
(2)
Requirements.
(a)
Unless and until approval is obtained, it shall be unlawful
to hereafter establish any adult regulated use as defined herein.
(c)
Any adult regulated use/building offering material described
in this chapter shall comply with the following performance standards:
[1]
That any display of adult-oriented material be shielded from
public view either placed behind a counter, or by providing a separately
established room which would have restricted access controlled by
the owner or employees;
[2]
That all access to adult-oriented material be restricted to
person 18 years of age or older;
[3]
That signage be posted regarding the restrictions to this type
of material; and
[4]
That the location of the counter or room be limited to an area
away from the main entry.
(d)
Site and building requirements:
[1]
Building size shall not exceed 5,000 square feet of gross floor
area.
[2]
The building and site shall be designed, constructed and maintained
so material such as a display, decoration or sign depicting, describing,
or relating to specific sexual activities or specified anatomical
areas, as defined in this chapter, cannot be observed by pedestrians
or motorists on a public right-of-way or from an adjacent land use.
No exterior door or window on the premises shall be kept open at any
time while the business is in operation.
[3]
The building shall provide sufficient sound-absorbing insulation
so noise generated inside said premises shall not be audible anywhere
on any adjacent property or public right-of-way.
[4]
The hours of operation shall be approved by the City Commission.
[5]
Access shall be from a major thoroughfare.
[6]
Any adult regulated use, which allows customers to remain on
the premises while viewing live, filmed or recorded entertainment
or while using or consuming the products or services supplied on the
premises, shall provide at least one security guard on duty outside
the premises. Security guard provided will patrol the grounds and
parking areas at all times while the business is in operation.
[7]
A license is required.
(e)
Prior to granting a permit for any adult regulated use, the
City Commission may impose any such conditions or limitations authorized
by law in connection with the grant of special uses.
(f)
An adult regulated use granted pursuant to the terms of this
chapter may not be reestablished after discontinuance for a period
of 90 consecutive days without a new grant of approval by the City.
B.
Amusement arcades.
(1)
Locations for any such establishment shall be confined to arterial
streets and shall have the entrance to both the business and parking
area for such establishment on an arterial or collector street. Access
from a minor street shall be prohibited.
(2)
Locations for any such facility shall be no closer than 500
feet to the property line of any elementary, intermediate or high
school.
(3)
Businesses shall not be located within 500 feet of the property
line of a similar business.
(4)
Business buildings shall not be located within 150 feet of any
front, rear or side yard line of any residential lot in a residential
district.
C.
Commercially used outdoor recreational space for children's amusement
parks, miniature golf courses.
(1)
Children's amusement park must be fenced on all sides with a
four-foot wall or fence.
D.
Golf courses and other outdoor commercial or institutional recreation
areas (which may or may not be operated for profit).
[Amended 5-17-2012]
(1)
The site shall have access to a paved arterial or collector
street as defined in the Master Plan.
(2)
All principal or accessory buildings shall be not less than
200 feet from any property line abutting residentially zoned lands;
provided that where topographic conditions are such that buildings
would be screened from view, the Planning Commission may recommend
to the Board of Appeals the modification of this requirement.
(3)
Whenever a swimming pool is to be provided, said pool shall
be provided with a protective fence in accordance with the Michigan
Building Code.
E.
F.
Private noncommercial recreational areas, institutional or community
recreation centers; nonprofit swimming pool clubs.
(1)
The site shall have access to a paved arterial or collector
street as defined in the Master Plan.
(2)
Front, side and rear yards shall be at least 50 feet wide, and
shall be landscaped in trees, shrubs and grass. All such landscaping
shall be maintained in a healthy condition.
(3)
Off-street parking shall be provided so as to accommodate not
less than 1/2 of the member families and/or individual members. The
Planning Commission may modify the off-street parking requirements
in those instances wherein it is specifically determined that the
users will originate from the immediately adjacent areas, and will,
therefore, be pedestrian. Prior to the issuance of a building permit
or zoning compliance permit, bylaws of the organization shall be provided
in order to establish the membership involved for computing the off
street parking requirements. In those cases wherein the proposed use
or organization does not have bylaws or formal membership, the off-street
parking requirement shall be determined by the Planning Commission
on the basis of usage.
A.
Storage facilities for building materials, sand, gravel, stone, lumber,
open storage of contractor's equipment and supplies.
(1)
Commercial outdoor display, sales, or storage may be allowed
on the same property as an approved mini-storage use or other principal
use deemed compatible by the Planning Commission, but such commercial
outdoor display, sales or storage in all instances requires a special
land use approval.
(2)
No outdoor display, sales, or storage shall be permitted in
the required front, side or rear yards.
(3)
The storage of soil, sand, mulch, and similar loosely packaged
materials shall be contained and covered to prevent it from blowing
into adjacent properties. The outdoor storage of fertilizers, pesticides
and other hazardous materials is prohibited.
(4)
All outdoor display, sales and storage area property lines shall
be screened from public view and from an adjacent residential district.
(5)
All stored materials including loosely packaged materials shall
not be piled or stacked higher than the height of the obscuring screen.
Vehicles and implements may exceed the height of the screen, provided
that they are set back from the screen a distance equal to their height.
(6)
All outdoor storage areas shall be paved with a permanent, durable
and dustless surface and shall be graded and drained to dispose of
all surface water.
(7)
All loading and truck maneuvering shall be accommodated on-site.
(8)
Fencing and lighting for security purposes may be required as
determined by the Planning Commission. All lighting shall be shielded
from adjacent residential areas.
B.
Outdoor storage when accessory to a principal use. Outdoor storage
of trucks, trailers, equipment, supplies, materials, finished and
semi-finished products, building materials, sand, gravel, stone, lumber,
and supplies when accessory to a principal use shall be subject to
the following:
(1)
All outdoor storage uses shall be located within the rear yard
or side yard.
(2)
Outdoor storage areas shall be located no closer than 150 feet
from any street right-of-way. Outdoor storage areas shall comply with
building setbacks of the district for all other yards.
(3)
The height of any item stored outdoors shall not exceed 12 feet.
The Planning Commission may increase this standard if the storage
area will not have a negative impact on surrounding properties and
all storage is in accordance with the Fire Code requirements.
(4)
All storage facilities shall be enclosed within a building or
within an obscuring wall or obscuring privacy fence on those sides
abutting all residential, office or business districts, and on any
yard abutting a public street. The extent of the wall or fence may
be determined by the Planning Commission on the basis of usage. The
wall or fence shall not be less than six feet in height, and may,
depending on land usage, be required to be eight feet in height.
(5)
Landscaping shall be provided around the exterior boundary of the storage area. All planting plans shall meet the requirements of § 7-15.02 and shall be subject to the approval of the Planning Commission.
(6)
All outdoor storage areas shall be paved with a permanent, durable
and dustless surface and shall be graded and drained to dispose of
stormwater without negatively impacting adjacent property; the Planning
Commission may approve a gravel surface for all or part of the storage
area for low intensity activities, such as landscape materials, upon
a finding that neighboring properties and the environment will not
be negatively impacted.
(7)
A dedicated fire lane through the storage yard shall be provided
for emergency services if determined necessary by the City Fire Department.
C.
Parking lots and structures.
(1)
The parking area shall be accessory to, and for use in connection
with one or more businesses, or industrial establishments, located
in adjoining business or industrial districts, or in connection with
one or more existing professional or institutional office buildings
or institutions.
(2)
Such parking lots shall be contiguous to an RM-1, RM-2 or nonresidential
district. Parking areas may be approved when adjacent to said districts,
or on the end of a block where such areas front on a street which
is perpendicular to that street servicing the district. There may
be a private driveway or public street or public alley between such
P-1 District and above listed districts.
(3)
Parking area shall be used solely for parking of private passenger
vehicles, for periods of less than one day and shall not be used as
an off-street loading area.
(4)
Commercial repair work or service of any kind, or sale or display
thereof, shall not be conducted in such parking area.
(5)
Signs of any kind, other than signs designating entrances, exits
and conditions of use, shall not be maintained on such parking area.
(6)
Buildings, other than those for shelter or attendants, shall
not be erected upon the premises and they shall not exceed 15 feet
in height.
D.
Mini warehouses and storage buildings for lease. Mini warehouses
and storage buildings for lease to the public, including the office
and residence of a caretaker, shall be subject to the following:
(1)
Buildings shall be spaced not less than 30 feet apart.
(2)
Exterior building walls visible from a public right-of-way or
nonindustrial district shall be finished with brick or other high-quality
masonry material.
(3)
Adequate maneuvering space for firesafety vehicles shall be
provided.
(4)
The office and dwelling of a caretaker may be included on-site.
E.
Junkyards and places for the dismantling, wrecking and disposing
of junk and/or refuse material.
(1)
Such use shall not be located closer than 300 feet from the
border of any I-1 District.
G.
Manufacture of corrosive acid or alkali, cement, lime, gypsum or
plaster of paris or any other potentially noxious materials.
A.
Child-care centers, nursery schools and day nurseries.
(2)
For each child, a minimum of 50 square feet of indoor activity
space shall be provided. Indoor activity space shall exclude hallways,
bathrooms, reception and office areas, kitchens, storage areas and
cloakrooms, areas used exclusively for resting, sleeping or eating.
(3)
A minimum of 1,200 square feet of safe outdoor play area shall
be provided in the rear yard.
(4)
All outdoor play areas shall be enclosed with a fence of no
less than four feet and no more than six feet in height capable of
containing the children within the play area.
B.
Nursing homes and child-care institutions.
(1)
There shall be provided on the site not less than 1,000 square
feet of open space for each bed in the home. The 1,000 square feet
of land area shall provide for landscape setting, off-street parking,
service drives, loading space, yard requirement and accessory uses,
but shall not include the area covered by main or accessory buildings.
(2)
Buildings shall not be closer than 40 feet to any property line.
C.
Hospitals.
(1)
All hospitals shall be developed only on sites consisting of
at least 10 acres in area.
(2)
The site shall have access to a paved arterial or collector
street as defined in the Master Plan.
(3)
The minimum distance of any main or accessory building from
bounding lot lines or streets shall be at least 100 feet for front,
rear and side yards for all two-story structures. For every story
above two, the minimum yard distance shall be increased by at least
20 feet.
(4)
Whenever any such use abuts a residential district, a transition
buffer area of at least 100 feet in width shall be provided. Walls,
fences or landscaping shall be required as part of this buffer area
as determined by the Planning Commission.
(5)
Emergency room, ambulance and delivery areas shall be screened
from public view with an obscuring wall and/or landscaping a minimum
of six feet in height.
(6)
Auxiliary uses, such as a pharmacy, gift shop, cafeteria and
similar customary hospital-related uses shall be allowed.
D.
Housing for the elderly.
(1)
All dwellings shall consist of at least 350 square feet per
unit (not including kitchen and sanitary facilities).
(2)
Total coverage of all buildings (including dwelling units and
related service buildings) shall not exceed 25% of the total site,
exclusive of any dedicated public right-of-way.
(3)
Service uses such as a dry-cleaning pickup station, beauty shop,
barber shop or similar use for the exclusive service to residents
of a building or complex may be allowed in RM-2 Districts within a
building housing 50 or more residents. In no instance shall such service
use be provided with direct access to a street for the use of the
public in general, it being the purpose of this provision to allow
such use to only be provided as a convenience to occupants of the
building in which such service is located. No signs of any nature
shall be visible from outside the building in which the use is located.
A.
Garage sales.
(1)
Before any garage sale may be held, the person holding the sale
shall register the same with the City of Lapeer Police Department
at least 24 hours before holding the sale.
(2)
The registrant shall provide the following information: the
name of the person holding the sale; the name of the owner, occupant
or his personal representative; the dates and times the sale will
be held; the address of the premises where the sale will be held;
the anticipated number of people expected to attend the sale each
day; and such other information as the Chief of Police may deem important
for the protection of the public health, safety and welfare.
(3)
A garage sale may be held for not more than seven consecutive
days duration, and for not more than twice each calendar year.
B.
Tent sales and sidewalk sales.
(2)
Tents shall be anchored adequately to withstand strong winds.
(3)
A sidewalk sale located within a public right-of-way must be
approved by the City of Lapeer City Commission.
(4)
Displays for sidewalk sale must be arranged in a manner that
maintains a five-foot-wide path for through pedestrian traffic.
(5)
No tent sales or sidewalk sales shall interrupt the flow of
traffic on public streets or through parking lots.
C.
Other temporary uses. Temporary uses not otherwise listed may be
approved as follows:
(1)
Traditional temporary uses associated with permitted uses and
activities such as carnivals, tent revivals and similar activities
may be permitted by the Planning Department, provided they do not
last for more than seven consecutive days and the site is not used
more than twice a year for such temporary activity, adequate toilet
and parking facilities are provided, setback requirements are complied
with and the outdoor activities do not occur between the hours of
8:00 p.m. and 8:00 a.m.
(2)
Seasonal outdoor display of merchandise for sale, when accessory to a principal use, may be permitted in accordance with § 7-14.09.
(3)
Facilities for temporary storage and office use during construction
or similar activities may be permitted by the Planning Department,
provided the buildings and material comply with setback requirements
and are removed once construction is complete.
D.
Wireless telecommunication antenna. The installation of a wireless
telecommunication antenna on an existing structure is permitted as
an accessory use, provided:
E.
Wireless telecommunication towers.
(1)
The applicant must demonstrate that there is no existing tower
or other suitable structure available within the area for the location
of the wireless telecommunication tower.
(2)
The applicant must agree to provide access to the tower for
other wireless telecommunication providers.
(3)
The tower must be capable of supporting a minimum of four telecommunication
antenna.
(4)
The tower must be set back a minimum of the tower height from
all lot lines unless the applicant certifies that the tower is self-collapsing,
in which case, a setback of 50% of the tower height is required.
(5)
If the tower is a lattice type, then the applicant must propose
measures to prevent trespassers from climbing the tower.
(6)
The telecommunication equipment and cabinet shall be screened
from the surrounding property.
F.
Rooftop
use.
[Added 12-19-2022]
(1)
Rooftop equipment accessory to the principal use of a building or structure, shall be illustrated on the plans and shall be screened from street view and surrounding building view by parapet walls or other architectural elements that complement the overall building design and comply with the building appearance stated in § 7-15.01.
G.
Shipping
container (temporary).
[Added 12-19-2022]
(1)
The
permitted period of time shall not exceed a consecutive six-month
period of time. Not more than one permit per year shall be issued.
(2)
Shall
be placed on a paved permanent, durable and dustless surface and shall
be graded and drained to dispose of stormwater without negatively
impacting adjacent property.
(3)
The
proposed location for shipping containers shall not impact emergency
services access to the site, ability to access City infrastructure,
or general maneuverability on-site.
(4)
Placement
shall only be located in the rear yard and not in the required setback.
(5)
When
a shipping container is located in the I-1 Industrial or I-2, the
shipping containers shall be enclosed within an obscuring wall, obscuring
privacy fence, or landscaping on those sides abutting all residential,
office or business districts, and on any yard abutting a public street.
The extent of the wall or fence may be determined by the Planning
Commission or Planning Department on the basis of usage. The wall
or fence shall not be less than six feet in height.
The Planning Commission may allow a use not specifically permitted
in a zoning district by right or as a special land use if they determine
that it is similar to other uses allowed in the district. The use
may only be allowed as a use by special land use. In making the determination,
the Planning Commission shall consider the following:
A.
The intent of the zoning district.
B.
The anticipated off-site impact of the use due to traffic, hours
of operation, and generation of noise, dust or odors in comparison
with the uses allowed in the proposed district.
C.
The similarities of the proposed use with uses allowed in other zoning
districts.
D.
No use may be classified as a use allowed in a district using this
procedures if the use is specifically permitted in another district.
[Added 2-19-2018; amended 11-19-2018; 10-5-2020]
A.
Any uses or activities found by the State of Michigan or a court
with jurisdiction to be unconstitutional or otherwise not permitted
by state law may not be permitted by the City of Lapeer. In the event
that a court with jurisdiction declares some or all of this article
invalid, then the City of Lapeer may suspend the acceptance of applications
pending the resolution of the legal issue in question.
B.
At the time of application for a permit, the marihuana facility/establishment
must be prequalified for licensure and/or licensed by the State of
Michigan and then must be at all times in compliance with the laws
of the State of Michigan, including, but not limited to, the Michigan
Medical Marihuana Act, MCLA 333.26421 et seq.; the Medical Marihuana
Facilities Licensing Act, MCLA 333.27101 et seq.; the Marihuana Tracking
Act, MCLA 333.27901 et seq.; and the Michigan Regulation and Taxation
of Marihuana Act, MCLA 333.27951; and all other applicable rules promulgated
by the State of Michigan.
C.
Facilities shall provide a security plan in compliance with the Marijuana
Regulatory Agency rules.
D.
The use, establishment, or facility must be at all times in compliance
with all other applicable state laws and ordinances of the City of
Lapeer.
E.
Marihuana and tobacco products shall not be smoked, ingested, or
otherwise consumed in the building space occupied by the marihuana
facility/establishment.
F.
All marihuana facility/establishment activity shall be conducted
in a fully enclosed building. Outdoor display, outdoor production,
outdoor sales, or outdoor storage shall not be allowed.
G.
A marihuana facility/establishment, or activities associated with
the licensed growing, processing, testing, transporting, or sales
of marihuana, may not be permitted as a home business or accessory
use, nor may they include accessory uses except as otherwise provided
in this chapter.
H.
Hours of operation.
(1)
Hours of operation of provisioning center facilities/marihuana
retailers shall be restricted to be between the hours of 7:00 a.m.
to 11:00 p.m.
(2)
Hours of operation of safety compliance facilities/establishments
shall be restricted to be between the hours of 7:00 a.m. to 11:00
p.m.
(3)
Hours of operation of secure transport facilities/establishments
shall be restricted to be between the hours of 7:00 a.m. to 11:00
p.m.
I.
Buffer requirements are considered a setback or separation area in
which a marihuana facility/establishment permitted under this chapter
must maintain a defined spacing from an existing use as stated below.
Buffers are measured from the property line as determined by the City
of Lapeer Assessing Department. A proposed marihuana facility/establishment
must be outside of designated buffer areas.
(1)
A 1,000-foot buffer is required from all public, parochial and
other private schools offering courses in general education, and consisting
of grade levels kindergarten through 12th grade. This buffer requirement
is in correlation with the State of Michigan Drug Free School Zone
(MCLA 333.7410), not including measuring procedures along a public
right-of-way.
(2)
A 500-foot buffer is required from all licensed child-care centers, child day-care centers, nursery schools and child-care institutions. All facilities listed here pertain to child-care facilities that cater to children under the age of 18 but excluding those operating out of a private home such as child-care group home and child-care family home licenses. Such facilities, centers and institutions are further defined in Subsection A ("child-care or day-care center") and Subsection B ("child care institution" of the term "child-care facilities") in § 7.24.03 of this chapter.
(3)
A 500-foot buffer is required from all federal owned, used,
or operated property. Such federal uses currently include the United
States National Guard Armory of Michigan, Telecommunication Exchange
Federal Facility, and the United States Postal Office, excluding transportation
facilities such as the railroad and Interstate I-69.
(4)
A 200-foot buffer is required from all designated public parks
within the City of Lapeer, excluding trail ways and cemeteries such
as Linear Park and Oakdale Cemetery.
J.
Buildings used for grow facilities, grower, processor facility, safety
compliance facility, provisioning center, marihuana retailer, and
secure transport shall be equipped with an activated carbon filtration
system for odor control to ensure that air leaving the building through
an exhaust vent first passes through an activated carbon filter. The
filtration system shall consist of one or more fans and activated
carbon filters. At a minimum, the fan(s) shall 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. The filtration system shall
be maintained in working order and shall be in use. The filters shall
be changed a minimum of once every 365 days or as determined by the
manufacturer's recommendations. Negative air pressure shall be maintained
inside the building. Doors and windows shall remain closed, except
for the minimum length of time needed to allow people to ingress or
egress the building.
(1)
An alternative odor control system is permitted if the applicant
submits and the City of Lapeer Planning Commission accepts a report
by a mechanical engineer licensed in the State of Michigan demonstrating
that the alternative system will control odor as well or better than
the activated carbon filtration system otherwise required. The City
of Lapeer may hire an outside expert to review the alternative system
design and advise as to its comparability and whether, in the opinion
of the expert, it should be accepted.
