§ 38-383. Uses not otherwise included within a specific use district.  


Latest version.
  • (a)

    Because the uses hereinafter referred to possess unique characteristics making it impractical to include them in a specific use district classification, they may be permitted by the council under the conditions specified, and after public hearing, and after a recommendation has been received from the planning commission. In every case, the uses hereinafter referred to shall be specifically prohibited from any R-1, R-2 and RT-1 districts.

    (b)

    These uses require special consideration since they service an area larger than the city or require sizeable land areas, creating problems of control with reference to abutting use districts. Reference to those uses falling specifically within the intent of this section is as follows:

    (1)

    Outdoor theaters. Because outdoor theaters possess the unique characteristics of being used only after darkness and since they develop a concentration of vehicular traffic in terms of ingress and egress from their parking area, they shall be permitted in I-2 districts only. Outdoor theaters shall further be subject to the following conditions:

    a.

    The proposed internal design shall receive approval from the building inspector and the city engineer as to adequacy of drainage, lighting and other technical aspects.

    b.

    Outdoor theaters shall abut a major thoroughfare and points of ingress and egress shall be available only from such major thoroughfare.

    c.

    All vehicles, waiting or standing to enter the facility, shall be provided off-street waiting space. No vehicle shall be permitted to wait or stand within a dedicated right-of-way.

    d.

    The area shall be so laid out as to prevent the movie screen from being viewed from residential areas or adjacent major thoroughfares. All lighting used to illuminate the area shall be so installed as to be confined within, and directed onto, the premises of the outdoor theater site.

    (2)

    Commercial television and radio towers and public utility microwaves, and public utility TV transmitting towers. Radio and television towers, public utility microwaves and public utility TV transmitting towers, and their attendant facilities may be permitted in I-1 and I-2 districts provided said use shall be located centrally on a continuous parcel of not less than one and one-half (1½) times the height of the tower measured from the base of said tower to all points on each property line.

    (3)

    Mobile home park. Mobile home parks possess site characteristics similar to multiple-family residential development. They are, in this chapter, used to provide for transition between nonresidential development and residential districts. Mobile home parks may, therefore, be permitted within the I-1 and RM-1 districts subject to the following conditions:

    a.

    Locational requirements:

    1.

    Mobile home parks located in an RM-1 district shall abut nonresidential districts on at least two (2) sides.

    2.

    Parcels being proposed for mobile home parks in the I-1 districts shall not be surrounded on more than three (3) sides by the I-1 districts, provided further that the mobile home site shall have one (1) entire side abutting a residential district.

    3.

    Parcels being proposed for mobile home parks in RM-1 districts may be permitted when the mobile home park generally provides a buffer between a residential district and nonresidential districts. Mobile home parks shall not, therefore, be permitted as a principal use in any RM-1 district which does not directly abut a nonresidential district.

    4.

    Access from the mobile home park to the nearest major thoroughfare shall be by means of a public right-of-way of not less than sixty (60) feet in width. No access shall be permitted through a one-family residential district.

    b.

    Height regulations. In the MH mobile home district, no structure shall exceed a height of twenty-five (25) feet or two and one-half (2½) stories.

    c.

    Area regulations. In a mobile home park, the minimum dimensions of yards and the minimum lot area per home, shall be as follows:

    1.

    The mobile home park shall be permitted only on parcels of the five (5) acres or more.

    2.

    An open area shall be provided on each mobile home lot to insure adequate natural light and ventilation to each mobile home and to provide sufficient area for outdoor uses essential to the occupants of the mobile home. Mobile home lots shall have not less than three thousand (3,000) square feet in area exclusive of drives, open space in the mobile home court or other open area not specifically for mobile home occupancy. The minimum width for mobile home lots shall be thirty-five (35) feet.

    d.

    Setback:

    1.

    No mobile home shall be located closer than twenty-five (25) feet from any building within the park or any property line bounding the park. No building or mobile home shall be located closer than twenty-five (25) feet from any public street right-of-way nor less than forty (40) feet from any major or secondary thoroughfare.

    2.

    The mobile home park site shall be enclosed by a fifteen (15) foot greenbelt adjacent to all abutting properties and public rights-of-way. The greenbelt shall be located within the mobile home park site and shall provide a continuous year-around obscuring screen.

    e.

    Yards. Each mobile home site shall have the following minimum yard requirements:

    Front yard ten (10) feet

    Side yard ten (10) feet

    Rear yard eight (8) feet

    f.

    Service drives and sidewalks:

    1.

    The mobile home park shall have direct access to a major thoroughfare by directly abutting thereon.

    2.

    Mobile home lots shall abut a service drive. All service drives shall have widths as scheduled below and shall be designed and graded for proper drainage according to standard road building practice and be approved by the city engineer prior to opening of the mobile home park. All service drives shall be constructed of black top or poured concrete within one (1) year after issuance of permit. A cash security guaranteeing monies for such work will be issued to the city in the amount of a bona fide bid from parties performing such work.

    3.

    Mobile home courts shall provide an approved hard surface entrance road not less than thirty (30) feet wide, also contingent upon city engineer approval.

    4.

    Schedule of service drive widths.

    i.

    Two-way traffic street with no parking—minimum 24 feet.

    ii.

    One-way traffic street with parallel parking one side—minimum 22 feet.

    iii.

    Two-way traffic street with parallel parking one side—minimum 32 feet.

    iv.

    One-way traffic street with parallel parking two sides—minimum 32 feet.

    v.

    Two-way traffic with parallel parking two sides—minimum 40 feet.

    5.

    Parking spaces on service drives shall be clearly marked.

    6.

    All service drives shall be provided with curbs and gutters and be properly drained.

    7.

    The mobile home park shall be designed to provide a concrete walk at least forty-eight (48) inches wide from entrance of park to all mobile home sites and all required service facilities.

    8.

    Street and yard lights sufficient to permit safe movement of vehicles and pedestrians at night shall be provided, and shall be so located and shaded as to direct the light away from adjacent properties.

    g.

    Off-street parking. Two (2) hard surface automobile parking spaces shall be required for each mobile home site. One (1) such space may be placed in the service drive provided parking is permitted on said service drive in accordance with paragraph (f)(4) above and further provided that each space so provided shall be a minimum of twenty-three (23) feet in length. Off-street spaces shall meet the minimum requirements of section 38-381 where applicable.

    h.

    Underground wiring:

    1.

    Arrangements shall be made for all local distribution lines for telephone or electric services, exclusive of main supply and perimeter feed lines when located on section or quarter section lines, to be placed entirely underground throughout the mobile home court area, provided, however, that when a mobile home park overlaps a section or quarter section line, main supply and perimeter feed lines located on such section or quarter section line shall be placed underground. The planning commission may waive or modify this requirement where, in its judgment, circumstances exist which render compliance impractical.

    2.

    Conduits or cables shall be placed within private easements provided to the service companies by the proprietor, developer or within public ways. Those telephone and electrical facilities placed in dedicated public ways shall be planned so as not to conflict with other underground utilities. All telephone and electrical facilities shall be constructed in accordance with standards of construction approved by the state public service commission.

    i.

    Required conditions.

    1.

    All mobile home park development shall further comply with Act No. 419 of the Public Acts of Michigan of 1976 (MCL 125.1101 et seq., MSA 19.885(1) et seq.), as amended.

    2.

    There shall not be less than three hundred sixty (360) square feet of floor space within each mobile home for the first two (2) occupants, and an additional one hundred (100) square feet of floor space for each occupant over two (2).

    3.

    There shall be provided for each mobile home park a recreation area equal in size to at least two hundred (200) square feet per mobile home site. Said recreation area shall be no longer than one and one-half (1½) times its width. Such area shall be graded, developed, and maintained by the management, so as to provide recreation for the residents of the mobile home park.

    4.

    The front yard, and any side yard adjacent to a street shall be landscaped within one (1) year, and the entire mobile home court shall be maintained in a good, clean, presentable condition at all times.

    5.

    No business of any kind shall be conducted in any mobile home park except for separate, permanent structures which contain facilities such as the management's office, laundry and dry cleaning facilities or similar uses which are designed to serve only the residents of the mobile home park.

    6.

    There shall be no storage of any kind under mobile homes, unless skirted.

    7.

    All fences, other than the greenbelt surrounding the park, shall be uniform in height, and shall not exceed thirty (30) inches in height, and shall be constructed in such a manner as to provide firemen access to all sides of each mobile home.

    8.

    Mobile home sites shall be provided with a concrete apron of suitable width and length to park and support a mobile home.

    j.

    Site plan review. Prior to the issuance of a permit for construction on a mobile home park site, a site plan shall be submitted to the planning commission for approval and in accordance with the following:

    1.

    Every site plan submitted to the planning commission shall be in accordance with the requirements of this chapter. No site plan shall be approved until same has been reviewed by the building department, fire department, police department and city engineer for compliance with the standards of their respective departments.

    2.

    The site plan shall be submitted in accordance with section 38-390 of this chapter.

    3.

    Actual construction of the mobile home park shall be in accordance with the site plan. Any minor deviation from said site plan shall require the approval of the city engineer. Any change which in the opinion of the city engineer constitutes a major change in the site plan shall be resubmitted to the planning commission.

(Code 1977, § 5.83)