§ 23.30. Standards and Requirements Per Conditional Use.

For the purpose of this Ordinance, these uses shall be known as conditional uses as set forth in the individual districts and shall be allowed within that particular district subject to the development requirements for the district, provided the city council finds the conditional use affirmatively meets the following criteria deemed applicable in each case, and any specific standards of approval for that use:

A.

The conditional use will promote the use of land in a socially and economically desirable manner for persons who will use the proposed land use or activity, for landowners and residents who are adjacent thereto, and for the city as a whole;

B.

The conditional use is compatible and in accordance with the goals, objectives, and policies of the city's adopted land use plan and/or master plan;

C.

The conditional use is necessary for the public convenience at that location;

D.

The conditional use is compatible with adjacent uses of land and can be constructed, operated, and maintained so as to continue to be compatible with the existing or intended character of the general vicinity and so as not to change the essential character of the area in which it is proposed;

E.

The conditional use shall be of such location, size, and character that it will be harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts;

F.

The conditional use is so designed, located, and proposed to be operated that the public health, safety, and welfare will be protected;

G.

The conditional use can be adequately served by public services and facilities without diminishing or adversely affecting public services and facilities to existing land uses in the area;

H.

The conditional use will not cause injury to the value of other property in the neighborhood in which it is to be located;

I.

The location, use, and assembly of persons in connection with the proposed conditional use will not be hazardous to the district in which the use is located, hazardous to a specific use or life and property within the district, or be incongruous therewith or in conflict with the normal traffic of the district;

J.

The conditional use will protect the natural environment, help conserve natural resources and energy, and will not involve uses, activities, processes, materials, and equipment or conditions of operation that will be detrimental to the natural environment, public health, safety, or welfare by reason of excessive production of traffic, noise, smoke, odors, or other nuisance;

K.

The vehicular circulation for the proposed conditional use will be in the best interest of the public health, safety, and welfare in relationship to egress/ingress to the site, vehicular turning movements related to street intersections and street gradient, sight distance, and potential hazards to the normal flow of traffic; and

L.

The conditional use is within the provisions of uses requiring conditional use approval as set forth in the various zoning districts herein, is in harmony with the purposes and conforms to the applicable regulations of the zoning district in which it is to be located, and the proposed site layout is in compliance with the general standards of Article XVI, regarding site development and shall insure that:

1.

The use and associated activities on the property are so located as not to hinder the projected development of the adjacent properties or to impair the existing uses of adjacent lands. This shall include all uses associated with the particular use such as parking, lighting, display signs, etc.

2.

Sufficient landscaping, fencing, walls, and other means of buffering are provided to insure that operation of the use will not be objectionable to nearby uses or dwellings by reason of noise, fumes, or flash of lights nor interfere with an adequate supply of light and air, nor increase the danger of fire or otherwise create the potential of endangering the public safety.

No conditional use approval shall be granted by the city council unless it finds the conditional use affirmatively meets the criteria listed herein which are deemed applicable in each case.

In addition to the previous standards, the following shall be adhered to:

Adult Foster Care Group Homes

1.

The site shall be evaluated for the degree of potential residential and commercial use conflicts.

2.

No foster care group homes shall be located closer than one thousand five hundred (1,500) feet to any other foster care group home or foster care family home, measured from the nearest wall of each structure.

3.

No additional facility shall be approved which would contribute to an excessive concentration of foster care group homes within a neighborhood.

Agricultural Processing Plants, Breweries, Distilleries, Canning Facilities, and Chemical Plants

1.

The site must be evaluated for consideration of potential odor and pollution nuisances.

2.

The site must abut an arterial as defined in the Eaton Rapids Comprehensive Plan, with all ingress and egress directly to such a street.

Automobile and Other Vehicle Wash Establishments

1.

A minimum front yard setback of twenty (20) feet shall be required for all structures.

2.

Required off-street parking and vehicle waiting areas shall be provided in accordance with Article XXI.

Automotive Fueling Stations, Service Stations, Repair Centers, and Public Garages

1.

All standards and requirements identified in Article XVIII shall be adhered to.

Boarding Houses, Rooming Houses, and Lodging Houses, and Bed and Breakfast Inns

1.

All standards and requirements identified in Article XVIII shall be adhered to.

Cemeteries

1.

Sites shall have a minimum lot area of five (5) acres.

2.

All structures shall be a minimum of fifty (50) feet from any lot line.

3.

The site must abut an arterial or collector as defined in the Eaton Rapids Comprehensive Plan, with all ingress and egress directly to such a street.

Churches, Temples, and Places of Worship

1.

Site shall have a minimum lot area of one (1) acre.

2.

The minimum lot width shall be one hundred (100) feet and the minimum side and rear yards shall be twenty-five (25) feet.

3.

The site must abut an arterial or collector as defined in the Eaton Rapids Comprehensive Plan, with all ingress and egress directly to such a street.

Commercial Greenhouses, Plan Nurseries, and Garden Centers Exceeding 1,000 Square Feet

1.

Site shall have a minimum of one acre.

2.

All structures must be a minimum of forty (40) feet from all lot lines.

3.

The storage of materials and display areas shall meet all the yard setback requirements applicable to any building in the zoning district.

4.

The storage of any soil, fertilizer, or similar loosely packaged materials shall be sufficiently contained to prevent any adverse effect upon adjacent properties.

Commercial Outdoor Recreation Establishments (Excluding Golf Related Uses)

1.

Sites must abut an arterial as defined in the Eaton Rapids Comprehensive Plan, with all ingress and egress directly to such a street.

2.

No building or spectator seating facility shall be located within fifty (50) feet of a property line.

Convalescent or Nursing Homes, Housing for the Elderly

1.

The site shall be evaluated for the degree of potential residential and commercial use conflicts.

2.

The allowable density of the underlying zoning district may be increased by no more than fifty (50) per cent for all nursing care units licensed by the State of Michigan, or twenty-five (25) per cent for nonlicensed nursing care and supportive care units.

3.

All dwelling units shall have a minimum of four hundred fifty (450) square feet per unit.

4.

Retail and service uses may be permitted on the site, if such uses are accessory to the elderly housing use. All such uses shall be within the principal residential building. No exterior signs of any type are permitted for these accessory uses.

5.

All medical waste facilities shall be secured and meet the requirements of the Public Health Department of the State of Michigan.

6.

Paved walkways shall be provided from the main building entrance(s) to any sidewalks along the adjacent public street.

Drive-In or Drive-Through Establishments

1.

All standards and requirements identified in Article XVIII shall be adhered to.

Essential Public Service Buildings and Structures, Public Utility Buildings, Telephone Exchange Buildings, Electric Transformer Stations and Substations, Gas Regulator Stations

1.

No storage yards are permitted in residential zoning districts.

2.

Applications must provide evidence of necessity for the proposed location.

3.

Electric or gas regulator equipment and apparatus shall be set back a minimum of thirty (30) feet form all lot lines.

Funeral Homes and Mortuaries

1.

Sites shall have a minimum lot area of one (1) acre and minimum lot width of one hundred (100) feet.

2.

An off-street vehicle assembly area shall be provided in support of funeral processions and activities. This area shall be in addition to the required off-street parking and its related maneuvering area.

Golf Courses

1.

Minimum lot size shall be forty (40) acres.

2.

The principal and accessory buildings, including maintenance sheds, shall be set back at least fifty (50) feet from all property and street lines.

3.

Operational hours for maintenance vehicles, course maintenance and/or irrigation may be restricted to protect nearby residential areas.

Group Day Care Homes

1.

Sites shall have a minimum lot area of twenty thousand (20,000) square feet.

2.

An on-site drive shall be provided for drop-offs and loading. This drive shall be provided in accordance with the standards identified in Article XXI.

3.

There shall be a fenced, contiguous open space with a minimum area of five thousand (5,000) square feet provided on the same premises as the group day care home. The required open space shall not be located within a required front yard.

Home Occupations

1.

The exterior appearance of the structure shall not be altered or the occupations conducted within the residence in such a manner as would cause the premises to differ from its residential character either by the use of colors, materials, lighting, noise, or vibrations. No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.

2.

No person other than members of the immediate family occupying such dwelling shall be employed on the premises.

3.

No more than twenty-five (25) per cent of the actual floor are of said residences shall be used for such purposes. The use of accessory buildings for such purposes is prohibited.

4.

There shall be no outside storage of any kind, related to the home occupation.

5.

The use may not increase vehicular traffic flow and parking beyond that associated with the residential use.

6.

Mechanical or electrical equipment employed by the home based business shall be comparable to the machinery or equipment customarily found in the home associated with a hobby or avocations.

7.

Only one (1) nonilluminated nameplate which may display the name of the home based business, shall be allowed in accordance with Article XXII of this Ordinance.

Home Based Businesses

1.

The exterior appearance of the structure shall not be altered or the occupations conducted within the residence in such a manner as would cause the premises to differ from its residential character either by the use of colors, materials, lighting, noise, or vibrations. No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.

2.

No more than one (1) person other than members of the immediate family occupying such dwelling shall be employed on the premises.

3.

No more than twenty-five (25) per cent of the gross area of one (1) floor of said residence or fifty (50) per cent of an on-site accessory building shall be used for such purposes.

4.

There shall be no outside storage of any kind, related to the home based business.

5.

The use may not increase vehicular traffic flow and parking by more than one (1) additional vehicle at a time, unless off-street parking, as per Article XXI of this Ordinance, is provided.

6.

Mechanical or electrical equipment employed by the home based business shall be comparable to the machinery or equipment customarily found in the home associated with a hobby or avocations.

7.

Only one (1) nonilluminated nameplate which may display the name of the home based business, shall be allowed in accordance with Article XXII of this Ordinance.

Hospitals

1.

Sites shall have a minimum lot area of two (2) acres.

2.

Front, side, and rear yard minimum setbacks shall be fifty (50) feet.

3.

Parking setbacks shall be forty (40) feet in the front yard and twenty (20) feet for side and rear yards.

4.

All structures shall be a minimum of one hundred (100) feet from any lot lines of adjacent residential zoning districts.

5.

Ambulance and delivery areas shall be obscured from all adjoining residential properties in accordance with the standards identified in Article XX.

6.

Sites must abut an arterial as defined in the Eaton Rapids Comprehensive Plan, with all ingress and egress directly to such a street.

7.

Accessory uses, such as a pharmacy, gift shop, cafeteria, and similar customary hospital uses shall be allowed, provided they are located within the principal building.

Junkyards, Scrap Yards, Salvage Yards, and Resource Recovery Centers

1.

Sites shall have a minimum lot area of five (5) acres.

2.

A fifty (50) foot wide greenbelt as defined in Article XX shall adjoin all property lines.

3.

A decorative masonry wall six (6) feet in height shall be required at the interior boundaries of the greenbelt.

4.

Junk and scrap materials shall not be stacked higher than the height of the screening wall.

5.

Vehicle parts shall not be stored, loaded, unloaded, or dismantled outside the wall enclosing the salvage yard.

6.

No vehicle, vehicle bodies, or other materials shall be stored in a manner as to be visible from any residences, business, or street from a height at the top of the wall enclosing the yard.

7.

All batteries shall be removed from any vehicle and all radiator and fuel tanks shall be drained prior to the vehicle being placed in the storage yard. Salvaged batteries, oil, and other such substances shall be removed by a licensed disposal company or be stored in a manner which prevents leakage of battery fluid.

8.

The front screening wall shall be set back the same distance as a building in the General Industrial Zoning District (GID), and all such walls shall be setback a minimum of five hundred (500) feet from any residential use or district.

9.

The crushing of vehicles or any part thereof shall be limited to daylight hours, provided that such activities shall not be conducted on Sundays or federal holidays.

Kennels, Commercial

1.

Site shall have a minimum lot area of two (2) acres.

2.

All outdoor runs or breeding areas are to be enclosed on all sides by either a decorative masonry wall, six (6) feet in height, a greenbelt, a berm, or a buffer strip, constructed per standards identified in Article XX.

3.

Buildings wherein dogs are keep, dog runs, and/or exercise areas shall not be located nearer than one hundred (100) feet to an adjacent dwelling or any adjacent building used by the public and shall not be located in any required front, rear, or side yard setback.

Mechanical Amusement Device Arcades, Pinball Parlors, or Pool Halls

1.

Sites are not permitted within three hundred (300) feet of any church or school.

Mining, Excavating, or Other Removal of Sand, Earth, Minerals, Etc.

1.

All structures and machinery shall be a minimum of one hundred (100) feet from all property lines and two hundred (200) feet from any residential districts.

2.

The applicant shall submit a written statement describing:

a.

An indication of the proposed use of the property following the extraction.

b.

An approved reclamation plan.

c.

Documentation that demonstrates to the satisfaction of the city that activities will not produce any serious consequences which will adversely affect the natural topography, drainage patterns, water bodies, floodplains, street conditions, nearby property values, or the use of adjacent land.

3.

Creation of a lake or pond shall only be permitted where the applicant can demonstrate using engineering and hydrological studies that the water can be maintained in a nonpolluted condition and that the applicant meets any requirements of the State of Michigan.

4.

Truck routing shall be restricted to those streets designated to accommodate truck traffic on a year-round basis.

5.

A reclamation plan shall be provided indicating final grades which are level with surrounding grades and not in excess of five (5) per cent unless demonstrably necessary for the proposed reclamation land use. No topsoil shall be removed form the site, rather topsoil shall be redistributed properly upon completion of the extractive activities or the phases thereof.

6.

The site shall be enclosed with a six (6) foot security fence with a locking access gate. Such fences shall be placed no closer than fifty (50) feet to the top or bottom of any slope.

7.

No slope shall exceed an angle with the horizontal of forty-five (45) degrees.

8.

No building or structure shall be erected on the site, except as may be permitted in that zoning district or if approved as a temporary structure for machinery or field office.

Nursery Schools, Day Nurseries, and Child Care Centers

1.

An outdoor play area shall be required of one hundred (100) square feet per child cared for, with a total minimum area of one thousand five hundred (1,500) square feet.

2.

An on-site drive shall be provided for drop-off and loading.

Off-Site Parking Lots and Structures

1.

All such uses shall be enclosed by a decorative masonry wall, a berm, or a buffer strip, constructed in accordance with the standards identified in Article XX.

2.

No parking structure shall exceed the height limitations established for the zoning district that the conditional use is located in.

3.

Lighting for such uses shall conform with the performance measures identified in Article XVIII.

4.

Accessory structures such as toll booths, self-pay stations, etc. may be constructed, provided they are located entirely within the parking lot or structure and otherwise conform with the provisions of this Ordinance.

Open-Air Businesses

1.

Sites shall have a minimum lot area of ten thousand (10,000) square feet and a minimum lot width of one hundred (100) feet.

2.

A fence or wall shall be constructed along the rear and sides of the lot, capable of keeping trash, paper, another debris from blowing off the premises, except as provided otherwise in this Ordinance.

3.

All display or storage areas shall be provided with a permanent, durable, and dustless surface and shall be graded and drained so as to properly dispose of stormwater.

Open Storage Yards of Building and Construction Contractors, Landscaping Contractors, and Lumber Yards

1.

All display or storage areas shall comply with the minimum setback requirements for the zoning district in which the use is located, and no storage or outside display shall be permitted within any front yard.

2.

Any outside display or storage yard shall be provided with a permanent, durable, and dustless surface and shall be graded and drained so as to properly dispose of stormwater.

3.

The storage of soil, fertilizer, and similar loosely packaged material shall be contained and covered to prevent it from blowing into adjacent properties.

4.

All stored materials including loosely packaged materials shall not be piled or stacked higher than the height of the required screening or landscaping.

Outdoor Theaters

1.

All sites shall have a minimum lot area of five (5) acres and all structures shall be a minimum of one hundred (100) feet from all lot lines.

2.

Screens may not face a principal or regional thoroughfare.

3.

Sites must abut an arterial as defined in the Eaton Rapids Comprehensive Plan, with all ingress and egress directly to such a street.

4.

No viewing areas shall be located closer than forty (40) feet to any lot line.

Party Stores

1.

No such use shall be located within five hundred (500) feet of any school or church.

Private Parks, Country Clubs, and Golf Driving Ranges

1.

Sites shall have a minimum of five (5) acres.

2.

All structures shall be a minimum of fifty (50) feet from adjacent residential zoning districts

3.

Sites must abut an arterial or collector as defined in the Eaton Rapids Comprehensive Plan, with all ingress and egress directly to such a street.

4.

Where such a use abuts a residential zoning district, a decorative masonry wall, a greenbelt, a berm, or a buffer strip shall be provided in accordance with Article XX, between all operations, buildings, and structures, including fencing and the residential property.

Telecommunication Antennas and Towers

1.

Such facilities shall be located on a priority basis only on the following sites:

a.

Governmentally owned sites.

b.

Religious or other institutional sites.

c.

Public or private school sites.

Recreation Vehicle Storage Yards

1.

Sites shall have a minimum lot area of one (1) acre.

2.

Storage areas shall be enclosed by a security fence at least five (5) feet in height.

Self-Storage Warehouses

1.

The minimum lot area shall be one (1) acre.

2.

The minimum building and parking setback shall be forty (40) feet from any public street right-of-way, fifty (50) feet from any residential zoning district, and twenty (20) feet from any nonresidential zoning district.

3.

The front yard and any side yards adjacent to residential districts shall include screening and landscaping in accordance with the requirements of Article XX of this Ordinance.

4.

All storage shall be completely within enclosed buildings or structures.

5.

A structure for a resident manager may be permitted on the site.

6.

The use shall be limited to storage only.

Tattoo Parlors, Body Piercing Establishments, Etc.

1.

All such uses must be in conformance with any and all required local, county, and state requirements and standards.

2.

No such use shall be located within three hundred (300) feet of any school or church.

Veterinary Clinics and Hospitals

1.

Outdoor exercising is allowed when the pet is accompanied by an employee provided no animals shall be permitted outside of the buildings between 8:00 p.m. and 7:00 a.m.

2.

All boarding shall be limited to that incidental to treatment or surgery unless the use has also been approved as a kennel.

3.

All outdoor runs are to be enclosed on all sides by either a decorative masonry wall, six (6) feet in height, a greenbelt, a berm, or a buffer strip, constructed per standards identified in Article XX.