§ 28-145. Conditional uses.
In addition to the "permitted" uses in each of the zoning districts, there are certain other compatible uses, as listed in this chapter that are "conditional" uses. Because of their actual or potential impact on natural resources, public utilities, traffic patterns and/or adjacent land use, there is a need to carefully regulate these uses. In these cases, a zoning compliance permit will not be issued until a conditional use permit is approved by the city planning commission. All conditional use permits are granted for a particular site and may not be transferred to a different location. A conditional use permit runs with the land, not with the applicant.
(a)
Conditional uses authorized by the planning commission. The city planning commission shall hear and make determinations regarding applications for conditional uses listed in the district regulations and supplemental provisions of this chapter.
(1)
Procedures. An application for a conditional use shall be submitted to the planning commission for consideration and public hearing. The application must include a site plan which meets the requirements of section 28-135. Notice of such public hearing shall be given as provided for in section 28-8.
(2)
Content of notices. In addition, notice shall be published in a newspaper of general circulation in the city within the time period required in this subsection. The notices required herein shall:
a.
Describe the nature of the conditional use request.
b.
Indicate the property which is the subject of the conditional use request.
c.
State when and where the public hearing on the conditional use request will be considered.
d.
Indicate when and where written comments will be received concerning the request.
(3)
Adjournment of hearings. Upon the day for the hearing of any application, the city planning commission may adjourn the hearing in order to permit the obtaining of additional information, or to cause such further notice as it deems proper to be served upon such other property owners. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of such hearing, unless the city planning commission so decides.
(4)
Conditions upon approval. If the planning commission determines that the proposed conditional use is appropriate, the conditional use permit shall be approved. The conditions should ensure that the proposed use meets the standards of this chapter. The conditions shall:
a.
Be designed to protect natural resources, as well as the health, safety, welfare, and social and economic well-being of those residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.
b.
Be related to the valid exercise of the police power in relation to the purposes of the proposed use or activity.
c.
Be necessary to meet the intent and purpose of this chapter; be related to the standards established in the ordinance for the land use or activity under consideration; and be necessary to ensure compliance with those standards.
d.
To the extent applicable, ensure that public services and facilities affected by the proposed land use or activity will be capable of accommodating increased facility loads caused by the land use or activity.
(5)
Status of conditions. Conditions imposed with respect to the approval of a land use or activity shall be made of record at the time of approval and shall remain unchanged except upon the mutual consent of the city planning commission and the owner of the land for which approval of a conditional use has been granted. The city planning commission shall maintain a record of any changes granted in conditions imposed.
(6)
Decisions of the city planning commission. The city planning commission shall decide on all applications within thirty (30) days after the final hearing thereon. The decision shall be incorporated in a statement of findings and conclusions relative to the conditional use which specifies the basis for the decision and shall list any conditions imposed. A copy of the city planning commission's decision shall be transmitted to the applicant, the zoning official, and planning staff. The city planning commission shall have the final decision on all conditional uses.
(7)
Rehearing on applications for conditional uses. Whenever an application for a conditional use is denied, such application shall not be resubmitted for at least one (1) year from the date of the denial, unless it is established to the satisfaction of the city planning commission that there has been a material change in circumstances.
(8)
Violation. A violation of any requirement, condition, or safeguard established in the conditional use permit shall be considered a violation of this chapter and shall be punished as prescribed in section 1-18 of this Code. In addition, any such violation shall constitute a prima facie basis for the planning commission to revoke the conditional use permit.
(b)
Standards on which decisions will be based. The city planning commission shall review the particular circumstances and facts of each proposed use in terms of the following standards:
(1)
Consistency with the intent and purposes of this chapter and with the objectives of the city's land use and/or comprehensive plan.
(2)
Compatibility with the existing and future land use patterns.
(3)
Effect on the health, safety, convenience, or general welfare of persons residing or working in the vicinity. To evaluate the use, the planning commission shall consider the following:
a.
The nature of the proposed site, including its size and shape, and the proposed size, shape and arrangement of structures.
b.
The accessibility and traffic patterns for persons and vehicles, the type and volume of such traffic, and the adequacy of proposed off-street parking and loading.
c.
The safeguards used to prevent noxious or offensive emissions such as noise, glare, dust and odor.
d.
The treatment given, as appropriate, to such aspects as landscaping, screening, open spaces, parking and loading areas, service areas, lighting and signs.
e.
Any other pertinent factors.
(4)
Ability of the use to be designed, constructed, operated, maintained, and managed so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity.
(5)
Availability of essential public facilities and services, such as: streets, police and fire protection, drainage, refuse disposal. The persons or agencies responsible for the establishment of the proposed use shall be able to adequately provide any such service.
(6)
For legal nonconformities only. When reviewing a conditional use permit application for a nonconforming building, structure, or use, the planning commission must also consider the following standards together with such relevant facts and circumstances identified during the public hearing:
a.
Whether restoration, reconstruction, substitution, and/or expansion would serve a useful purpose, or whether a useful purpose would be served by pursuing strict enforcement and application of the provisions and requirements of this article.
b.
Whether the development and/or use of property in the surrounding area has materially changed in relation to the condition which existed when the use or structure was established, with the result that a continuation of the use or structure would be offensive to the area.
c.
In considering the establishment of a condition for the approval of the substitution of a nonconforming use of lots, structures, or any combination of lots, structures, or uses of lots and structures, the planning commission must ensure that the nonconforming use of lots and structures is not expanded, and that the substituted use of lots and structures is not of greater nonconformity in terms of its impact upon the area and surrounding properties.
(c)
Voiding of conditional use permit.
(1)
Any conditional use permit granted under this chapter shall become null and void and fees forfeited unless:
a.
Construction or alteration of new or modified facilities, as the case may be, is completed within three hundred sixty-five (365) days of the date of transmittal (by mail or otherwise) of the planning commission's decision to the applicant; or
b.
The use is commenced within three hundred sixty-five (365) days of the date of transmittal (by mail or otherwise) of the planning commission's decision to the applicant, if new or modified facilities are not required.
(2)
After the passage of three hundred sixty-five (365) days during which construction has not been commenced, or during which construction has ceased, or, during which the use has not been commenced, as the case may be, the applicant must apply for a new conditional use permit following all of the procedures outlined in this chapter.
(d)
Additional development requirements for certain conditional uses. A conditional use permit shall not be granted for the uses specified in this section unless the following minimum nondiscretionary standards are met:
(1)
Automobile service station:
a.
Premises used for such purposes shall not be less than two hundred (200) feet from any place of public assembly including any hospital, sanitarium, or institution. Such measurement shall be along the usual lines of street travel. Hereafter no automotive service station shall be permitted if the location constitutes a hazard to public safety and welfare.
b.
Gasoline pumps or building used for automobile servicing or repair work shall not be nearer than fifty (50) feet from any R district.
c.
Any minor automobile servicing or repair work, as defined in this chapter, shall be done within the principal building on the premises.
d.
No overnight or weekend outside storage of trucks, trailers and/or tractors shall be permitted on the premises and no partially dismantled, wrecked or junked vehicles shall be stored for more than a total of eight (8) hours outside the buildings on the premises, unless the facility is also licensed as a towing and storage facility in conformance with this chapter.
These provisions do not pertain to trailers under sixteen (16) feet and trucks with beds under twenty-six (26) feet on the premises for rent. Trucks and trailers for rent must conform to all other provisions of this chapter.
e.
When such use abuts the side and/or rear line of a lot in any R district, a compact evergreen hedge, solid wall, painted board fence or weatherproof board fence not less than five (5) feet high shall be maintained at the property line.
(2)
Child care centers:
a.
At least two hundred (200) square feet of defined play area shall be provided per child. This area shall be effectively screened.
b.
Buildings and activity areas shall not be less than fifty (50) feet away from any lot in a residential district.
(3)
Churches, synagogues and temples:
a.
Buildings must be at least fifty (50) feet from any residential lot line.
b.
All other front, side and rear yard setback requirements of the zoning district must be met.
c.
The height limits of each district must be maintained. To exceed the maximum height, the front, side and rear yard setbacks must be increased one (1) foot for each foot of building height that exceeds the maximum height. Height limitations do not apply to church spires.
d.
All church buildings shall front on a major street as classified on the current Act 51, P.A. 251, as amended, Michigan Department of Transportation (MDOT) map for the City of Jackson. Access to church buildings shall only be provided via major streets.
e.
Off-street parking shall be provided. The parking lot shall be screened and maintained in accordance with section 28-105.
f.
All parking lots in residential zoning districts shall meet the requirements of section 28-145(d)(12) and section 28-100.
g.
A site plan shall be submitted as part of the application for a conditional use permit. The site plan shall show setbacks, access, parking lots, screening and landscaping.
(4)
Recycling collection centers in any R district:
a.
The site is associated with schools or other public facilities.
b.
The site is located on a major street with a minimum eighty (80) feet public right-of-way.
c.
The planning commission may establish the days and hours of operation.
d.
No burning, melting or other reclamation shall be permitted.
e.
A site plan shall be submitted showing how the sign, lighting, landscaping and fencing requirements of the zoning ordinance shall be met. The site plan shall also show traffic circulation on the site.
f.
No materials shall be stored or deposited on the premises in such form or manner that they may be transferred off the premises by natural causes or forces. No storage of materials shall be allowed outside of the semitrailers, bins, barrels or other appropriate container.
g.
The site shall be kept clean and free of litter and debris. Weeds shall be controlled.
h.
Rodents and other pests shall be controlled.
i.
Activity on the site shall be at least one hundred (100) feet from any residentially zoned lot.
(5)
Recycling collection centers in any C or I district:
a.
A site plan shall be submitted showing how the lighting, landscaping, and fencing requirements of this chapter shall be met. The site plan shall also show: (1) traffic circulation on the site; and (2) how the sign requirements of chapter 21.5 shall be met.
b.
No materials shall be stored or deposited on the premises in such form or manner that they may be transferred off the premises by natural causes or forces. No storage of materials shall be allowed outside of the semitrailers, bins, barrels or other appropriate container.
c.
The site shall be kept clean and free of litter and debris. Weeds shall be controlled.
d.
Rodents and other pests shall be controlled.
e.
Activity on the site shall be at least one hundred (100) feet from any residentially zoned lot.
f.
No burning, melting or other reclamation shall be permitted.
(6)
Resource centers:
a.
No activity shall be conducted between the hours of 9:00 p.m. and 8:00 a.m.
b.
Noise levels shall not exceed levels customarily experienced in the R-1 and R-2 districts.
c.
Parking in any front yard shall be prohibited.
(7)
Schools:
a.
Buildings must be at least fifty (50) feet from any residential lot line.
b.
All other front, side and rear yard setback requirements of the zoning district must be met.
c.
The height limits of each district must be maintained. To exceed the maximum height, the front, side and rear yard setbacks must be increased one (1) foot for each foot of building height that exceeds the maximum height.
d.
All school buildings shall front on a major street as defined in the current land use plan. Access to the school buildings shall be only provided via major streets.
e.
Off-street parking shall be provided. The parking lot shall be screened and maintained in accordance with section 28-105.
f.
All parking lots in residential zoning districts shall meet the requirements of section 28-145(d)(12) and section 28-100.
g.
A site plan shall be submitted as part of the application for a conditional use permit. The site plan shall show setbacks, access, parking lots, screening and landscaping.
(8)
Self-service storage facilities:
a.
Buildings, site plans and uses of the property to be used as a self-service storage facility shall be designed and operated to be compatible in appearance and in impact with the surrounding neighborhood.
b.
No facility shall be permitted within any of the city's historic districts.
c.
All storage on the property shall be kept within an enclosed building.
d.
The facility shall be used for the storage of residential goods/property. No storage for commercial or industrial uses shall be permitted.
e.
No activity other than the rental of storage space and the deposit and pick-up of stored goods shall be allowed on the premises.
f.
The repair, construction, or reconstruction of any boat, engine, motor vehicle, or appurtenances, and the storage of any propane or gasoline engine, or propane or gasoline storage tank, is prohibited on the premises.
g.
No owner, operator or lessee of any self-storage facility or portion thereof shall offer for sale, or to sell any item of personal property or to conduct any type of commercial activity of any kind whatsoever other than leasing of the storage space or permit the same to occur upon any area designated as a self-service storage facilities.
h.
The facility shall comply with all landscaping and screening requirements of the zoning ordinance.
(9)
Radio and television broadcasting studios. To mitigate the appearance of multiple satellite dishes and antennas in the vicinity of residential neighborhoods, the following conditions are required:
a.
Ground-mounted satellite dish antennas shall not exceed twelve (12) feet in diameter.
b.
All ground-mounted installations shall include screening treatment located along the antenna's non-reception window axes and low-level ornamental landscape treatments along the reception window axes of the antenna's base. Such treatments shall completely enclose the antenna and consist of landscape elements.
c.
All installations shall employ, to the extent possible, materials and colors that blend with the surroundings.
d.
All ground-mounted antennas shall be considered accessory structures to the principal use of the radio or television station and shall comply with the requirements of section 28-120 (accessory structures) except that ground-mounted antennas shall be permitted to locate closer than ten (10) feet to the principal structure or any other building or structure.
e.
Satellite dishes mounted on any building shall not exceed ten (10) feet in diameter. Roof-mounted dishes and antenna shall not exceed twenty (20) feet in height as measured from the roof.
(10)
Home occupation. A home occupation is an incidental and secondary use of a dwelling unit for business purposes. The intent of this section is to ensure compatibility of home occupations with other permitted uses of residential districts and with the residential character of the neighborhood involved. It is further the intent of this provision to ensure that home occupations are clearly secondary and incidental uses of residential buildings. The following guidelines will be considered:
a.
A home occupation must be conducted in its entirety within a dwelling unit that is the primary residence of the person conducting the business.
b.
Only persons residing at the residence may conduct a home occupation.
c.
All business activity and storage must take place within the interior of the dwelling.
d.
There can be no alteration to or activity at the exterior of the residential dwelling, accessory building, or yard that alters the residential character of the premises.
e.
The home occupation must not generate a volume or character of pedestrian or vehicular traffic beyond that normally generated by homes in the residential neighborhood.
f.
Only off-street parking facilities that are normal for residential use and located on the premises may be used.
g.
No vehicles used in the conduct of the occupation may be parked, or otherwise kept at the premises, other than as are normal for use for domestic or household purposes.
h.
One (1) non-illuminated nameplate no larger than two (2) square feet may be permitted to identify the home occupation. The nameplate must be attached to the building. No other identification is permitted.
i.
The sale, rental, or repair of goods is permitted to the extent that it is incidental to a service profession.
j.
Internet based home occupations involving the sale, rental, or repair of goods is permitted, so long as there are no on-site person-to-person exchanges.
k.
No highly explosive or combustible material can be used or stored on the premises.
l.
No activity that interferes with radio or television transmission is permitted.
m.
No offensive noise, vibration, smoke, dust, odor, heat, or glare noticeable at or beyond the property line is permitted.
n.
Not more than twenty (20) percent of the gross floor area, (or three hundred (300) square feet), whichever is greater, can be used for a home occupation.
o.
The conduct of the home occupation must not violate any of the city's ordinances concerning nuisance, fire or health, or any other city, county, state or other applicable laws or regulations.
(11)
Auto washing station. To mitigate the environmental impacts of traffic, wastewater, and noise, the following conditions are required:
a.
All operations shall be within an enclosed building not less than fifty (50) feet from any Residential (R) district.
b.
All cars waiting for service shall be provided with off-street waiting lanes.
c.
The requirements of section 17-82 shall be met for any blowers installed in the auto washing station.
d.
The doors of a stall which face residentially zoned property must close automatically whenever the blower in that stall is engaged.
e.
Any fencing used for screening must meet the requirements of section 28-105.
f.
None of the wastewater generated by the auto washing station is allowed to flow into the city's stormwater sewer system or directly into a lake, stream, wetland, or other body of water.
g.
The wastewater generated by the auto washing station must be connected to the city's sanitary sewer to the satisfaction of the city engineer, the city's plumbing inspector, and in accordance with all sections of the City Code pertaining to the disposal of wastewater.
h.
If the proposal is limited to hand-washing, the CUP (Conditional Use Permit) will only allow the hand-washing of vehicles.
(12)
Off-street lots in residential districts. The planning commission may authorize the establishment and operation of accessory off-street parking lots in any R-3 or R-4 district as a conditional use, provided:
a.
The required number of parking spaces cannot be provided on the lot on which the principal building is located.
b.
The parking lot shall be accessory to, and for use only in connection with one (1) or more residential, business, industrial, public assembly or institutional buildings. The lot shall be adjacent to the principal use. No charge for parking shall be made.
c.
No sign of any kind, other than one designating entrances, exits and ownership and conditions of use, shall be maintained on such parking lot.
d.
Such accessory parking lot shall be subject to all the requirements of section 28-100.
e.
No parking space or spaces shall be closer to the street than the front building line of the adjoining dwellings or structures, or the established setback line and in any case not less than ten (10) feet from the street right-of-way line.
(13)
Billboards. Billboard structures or signs, are permitted on properties which are not otherwise used or occupied for the uses or purposes described in this chapter subject to the following restrictions:
a.
Location. A billboard is permitted only on property that is located on major streets and which is located in only in the I-2 district.
b.
Size. The billboard may be double-faced and cannot exceed a surface area of three hundred (300) square feet per face, nor thirty-five (35) feet in height. The distance between faces shall be determined by the planning commission.
c.
Illumination. The billboard shall not be back-lit but may be front-lit only if the illumination does not obscure or interfere with an official traffic control device.
d.
Setbacks. The billboard must be set back not less than twenty-five (25) feet from the edge of pavement or the minimum setback for buildings and structures for the sign district within which it is located, whichever is greater; provided, however, that where it is located within one hundred (100) feet of a building, the billboard need only be set back a distance equal to the set back of the front line of the building.
e.
Distance from other billboards. Each billboard must be located at least five hundred (500) feet (measured along the nearest common side of the adjacent major street) from another billboard.
f.
Conformance to state statutes. An billboard must conform to all of the requirements of the Highway Advertising Act of 1972 (PA 106 of 1972, MCL 252.301 et seq.) except where a more restrictive standard is required by this chapter, in which case such billboard must conform to the provisions of this chapter.
g.
Impairment of adjacent property rights. A billboard is not permitted where its size, height, location, or illumination would unreasonably impair visibility, light, or air otherwise enjoyed by adjacent property.
h.
City-wide limited faces of billboards. The total number of billboards with the city may not be increased from that number in existence on the effective date of this chapter. No person may construct a billboard without first removing a billboard equal in the number of faces to the number of faces to be installed. To administer this provision, the neighborhood and economic operations department will issue a replacement permit to any person who permanently removes a lawful existing billboard face. The zoning administrator will note the number of faces for every sign being removed. Replacement permits may be transferred. No billboard construction permit may be issued unless the applicant for the permit tenders a replacement permit for cancellation that has a total number of faces noted on it that equals at least the number of faces of the sign or signs to be constructed. Any billboard constructed must also comply with all other provisions of this chapter.
(e)
Conditional use for functional equivalent family; additional persons. The limit upon the number of persons who may reside as a functional equivalent of the domestic family may be increased or enlarged from six (6) persons upon a demonstration by the applicant of all of the following:
(1)
There are adequate provisions on the subject property for off-street parking for each adult proposed to reside on the premises, and adequate storage for each person proposed to reside on the premises.
(2)
The extent of increase or enlargement of the limit upon the number of persons shall not, considered cumulatively with existing and reasonably projected population concentration in the area, place an unreasonable burden upon public services, facilities and/or schools.
(3)
There shall be a minimum of one hundred twenty-five (125) square feet of usable floor space per person on the premises.
(4)
If the property in question is not serviced with public water and/or sewer facilities, an approval under this subsection shall be conditioned upon approval by the county health department of the number of persons on the premises in relation to sanitary sewage and water facilities.
(5)
If the planning commission grants an application under this provision, the determination shall include the specific maximum number of persons authorized to reside on the property, and any minimum parking or storage requirements to be maintained.
(Ord. No. 2012.16, § 5, 7-17-12; Ord. No. 2016.07, § 2, 3-29-16)