This article describes procedures and standards for approval
of special land uses. These uses, because of their unique characteristics,
require special consideration in relation to the welfare of adjacent
properties and the community as a whole. The regulations and standards
herein are designed to allow reasonable uses of land while maintaining
adequate provisions for the protection of the health, safety, and
welfare of the community.
The Planning Commission shall approve, or approve with conditions,
a special land use request only upon a finding that all of the following
standards for approval are satisfied:
A. That the use is designed and constructed, and will be operated and
maintained so as to be harmonious and appropriate in appearance with
the existing or intended character of the general vicinity and that
such use will not change the essential character of the area in which
it is proposed.
B. The special land use shall be consistent with the adopted Spring
Lake Village Master Plan.
C. The special land use authorized shall be compatible with adjacent
uses of land, the natural environment, and the capacities of public
services and facilities affected by the land use.
D. The use is, or will be, served adequately by public services and
facilities, including, but not limited to, streets, police and fire
protection, drainage structures, refuse disposal, water and sewer
facilities and schools.
E. The use does not involve activities, processes, materials and equipment
or conditions of operation that will be unreasonably detrimental to
any persons, property or the general welfare by reason of excessive
traffic, noise, smoke, fumes, glare, or odors.
F. That the buildings, structures, and entrances thereto proposed to
be located upon the premises are so situated and so designed as to
minimize adverse effects upon owners and occupants of adjacent properties
and the neighborhood.
G. The site plan and special land use shall comply with the applicable specific special land use requirements contained in §
390-137 of this article.
The Planning Commission may revoke any special land use approval, or take any other action allowed by law, if the applicant fails to comply with any of the applicable requirements in this article, any conditions placed on the original approval by the Planning Commission, or any other applicable provisions of this chapter. Prior to revoking a special land use approval, the Planning Commission shall conduct a public hearing and give notice of such hearing in accordance with §
390-151. The applicant shall be given a reasonable opportunity to correct the violation(s).
Only one ingress/egress driveway shall be permitted on any single
street. A one-way-in/one-way-out access shall be counted as a single
ingress/egress driveway.
The Planning Commission may require the completion of a traffic
impact study for large places of public assembly.
[Amended 6-14-2021 by Ord. No. 368; 2-21-2022 by Ord. No. 375]
A. If the subject lot does not meet the district minimum lot area, has
other dimensional nonconformities, or has an existing nonconforming
use, the Planning Commission may deny approval, or it may condition
approval on measures that mitigate potential adverse effects of operating
a short-term rental on the lot.
B. Parking shall be located on site and comply with these requirements
in addition to any other requirements for the applicable zoning district
in question.
(1)
The applicant shall provide parking location information on
the site plan. This shall be considered the designated parking area
and include the following information:
(a)
A minimum of two off-street parking spaces located on the subject
property shall be provided per unit (up to six occupants), plus one
space for every three occupants over six, based on approved occupancy
for the dwelling unit.
(b)
Any proposed expanded parking area must be shown on the site
plan and will be subject to review by the Planning Commission and
Zoning Administrator. Parking on the grass is prohibited.
(2)
All guest parking must occur in the approved designated parking
area.
(3)
Parking and driveway materials shall be compliant with §
390-117A.
C. Outdoor areas intended for the congregating of guests (e.g., porches,
decks, pools and pool decks, gazebos, fire pits, etc) must meet the
following requirements, in addition to other requirements established
by this chapter.
(1)
Fire pits shall meet the requirements of the fire code and any
other applicable codes.
(2)
Patios and decks must be a minimum of three feet from any property
line.
(3)
The Planning Commission may require an outdoor congregating
area to be fenced in or landscaped in order to help buffer the short
term rental from neighboring properties. The Village shall consider
lot sizes in the area and of the short-term rental, surrounding land
uses, topography, and other considerations deemed relevant by the
Village.
D. The number of overnight guests in a short-term rental shall be based
on occupancy limits established by the International Property Maintenance
Code. No guest may sleep on couches, the floor, in tents, or in trailers
on the lot.
E. The applicant shall submit a floorplan of the dwelling unit and a
site plan of the property drawn to a scale of not less than 1/8 inch
equals one foot.
F. No separate cooking facilities shall be allowed in sleeping rooms.
G. If the conditions of approval for a short-term rental permit are not satisfied, the Village shall send written notification to the owner, explaining the alleged violations. If the alleged violations are not promptly resolved, the Village may schedule a public hearing before the Planning Commission pursuant to §
390-136.
H. The following site modifications must be reviewed by the Planning
Commission as an amendment to the special land use or shall void the
approval of the existing special land use:
(1)
Any structural expansion of the dwelling that increases the
square footage of the dwelling, including the addition of a new decks
and patios.
(2)
Alteration of the interior of the dwelling in a manner that
results in an increased number of sleeping rooms.