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Zoning Ordinances › Article 5 — APPROVAL

The purpose of this Section is to permit and provide for a special review process for unique uses and activities in zoning districts where they would not otherwise be permitted, provided these uses and activities are made compatible with permitted uses in these districts by following the standards in this Section.

1. 1. Types of Procedure. Special Land Use permits (SLU) are reviewed and approved through either a Planning Commission procedure and/or an administrative procedure depending upon the potential impact the proposed use or activity may have upon the adjacent land uses and the broader community.
2. 2. Planning Commission approved Special Land Uses. Applications for Special Land Use permits for the following uses shall be reviewed by the Planning Commission according to the procedures and standards contained in this chapter: a. New Buildings 3,000 Square Feet or Larger in Gross Floor Area for Allowed Uses b. Amusement Parks, Carnivals, Fairgrounds c. Automobile Gas Station d. Auto Repair Establishment e. Bed and Breakfast/airBnB f. Commercial Parking Lot g. Communication tower h. Convention Center i. Drive-throughs j. Essential services structures k. Golf Course l. Golf Driving Range m. Hospital n. Outdoor Storage o. Residential care and treatment facilities p. Schools q. Stores, retail, over 8,000 square feet per floor r. Theaters, live, and performance art centers s. Wind energy system, Pole or Tower-mounted
3. 3. Administrative Special Land Use Permits. Applications for Special Land Use permits for the following uses shall be reviewed by the Zoning Administrator according to the procedures and standards contained in this chapter: a. Accessory Dwelling Units (ADU) b. Adult Foster Care Small Group Home c. Auto Wash (self-service or automatic) d. Bars, Taverns, Microbreweries (Accessory) and Brewpubs e. Communication Antennas f. Funeral Homes g. Group Day Care Homes, including Adult h. Kennels i. Mini-or Self Storage j. Outdoor Retail/Display and Sales k. Parking Area, private and public l. Pet Boarding Facilities m. Places of Worship n. Restaurants with Open Front Window o. Small Manufacturing Establishments p. Veterinary Clinic/Hospital

Each application for a special land use shall be reviewed for the purpose of determining that the proposed use meets all of the following standards:

1. 1. The use shall be designed, constructed, operated and maintained so as to be harmonious and compatible in appearance with the intended character of vicinity.
2. 2. The use shall not be hazardous nor disturbing to existing or planned uses in the vicinity.
3. 3. The use shall be served adequately by existing or proposed public infrastructure and services, including but not limited to, streets and highways, police and fire protection, refuse disposal; water, wastewater, and storm sewer facilities; electrical service, and schools.
4. 4. The use shall not create excessive additional requirements for infrastructure, facilities, and services provided at public expense.
5. 5. The use shall not involve any activities, processes, materials, equipment or conditions of operation that would be detrimental to any person or property or to the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, odors or water runoff.
6. 6. Where possible, the use shall preserve, renovate and restore historic buildings or landmarks affected by the development. If the historic structure must be moved from the site, the relocation shall be subject to the standards of this section.
7. 7. Elements shall relate the design characteristics of an individual structure or development to existing or planned developments in a harmonious manner, resulting in a coherent overall development pattern and streetscape.
8. 8. The use shall be consistent with the intent and purposes of the zoning district in which it is proposed.

All land for which an application for a special land use permit is made shall be owned by the applicant or by a person who has consented, in writing, to the application. The parcel must be capable of being planned and developed as one integral land use unit. Noncontiguous parcels may be considered. The application must be signed by the applicant and by the owner or a person with the owner's written consent and must contain:

1. 1. A site plan as described by this Zoning Ordinance;
2. 2. A statement of present ownership of all land which is the subject of the request;
3. 3. An application fee. This application fee shall be non-refundable.
4. 4. Upon the request of the Planning Commission, the applicant shall provide such other information pertinent to the special land use application. Failure of the applicant to provide such requested information within a reasonable time may be grounds for denial of the application.
5. 5. The Village Council will have Final Approval for all Special Land Use permits.
6. 6. If the application is approved, the applicants shall pay all Register of Deeds recording fees to record the special land use permit.

The following procedures shall be followed for special land use permits to be granted by the Planning Commission and Village Council:

1. 1. Pre-application conference. Before submitting an application, the applicant shall meet with the Zoning Administrator to review the proposed project, the Village of Mayville Code of Ordinances, and any planning documents that relate to the property.
2. 2. Application. A special land use permit application shall be submitted to the Planning Commission for review and recommendation. a. Public hearings b. The Planning Commission shall hold a public hearing with such notice as it deems advisable. After review, the Planning Commission shall submit a written recommendation to the Village Council based upon the standards of this Zoning Code. c. A public hearing shall be held by the Planning Commission on each special land use application properly filed under this Zoning Code. Notice of the public hearing shall be given not less than fifteen days before the date of the public hearing. Notice shall be published in a newspaper of general circulation in the Village and shall be mailed or personally delivered to:
   1. 1) The owners of the property for which approval is being considered;
   2. 2) All persons to whom real property is assessed within 300 feet of the boundary of the property in question; and
   3. 3) At least one occupant of each dwelling unit or spatial area owned or leased by different persons within 300 feet of the boundary of the property in question. Where a single structure contains more than four dwelling units or other distinct spatial areas, notice may be given to the President or owner of the structure with a request to post the notice at the primary entrance of the structure. The occupants of all structures within 300 feet of the boundary of the property in question. Where the name of the occupant is not known, structures within 300 feet of the boundary of the property in question. Where the name of the occupant is not known, the term "occupant" may be used in making notification. d. Notice. The notice of the Planning Commission public hearing shall contain: 1) A description of the nature of the special land use request; 2) A description of the property which is the subject of the special land use request, including a listing of all existing street addresses within the property where they exist; and 3) The time and place of consideration of and public hearing on the special land use request; and 4) When and where written comments will be received concerning the request. e. Decision. The Planning Commission may deny, approve or approve with conditions requests for special land use approval after a hearing and notification as provided herein, once Village Council Approval has been given. Its’ decision shall be in the form of an order which shall incorporate a statement of conclusions and shall specify the basis for the decision and any conditions imposed. An order denying a special land use shall state the standards which have not been met. A decision of the Planning Commission shall be final. There shall be no appeal of the Planning Commission’s decision to the Zoning Board of Appeals. f. Order. If the Planning Commission determines that the application is consistent with the intent of this Zoning Code as expressed in this chapter and with the other standards and requirements herein contained, it shall issue an order authorizing the

special land use in accordance with the application and material submitted, modified as it may consider necessary to carry out the intent and standards of this Zoning Code, and containing any lawful conditions or restrictions which it may consider necessary to carry out the purposes of this Zoning Code and to protect the public health, safety and welfare. The order shall recite the findings of fact and the reasons upon which it is based. g. Compliance. After approval of a special land use, the land to which it pertains shall be developed and used in its entirety only as authorized and described in the order approving the special land use or only as authorized by the provisions of this Zoning Code which would apply if the special land use order had not been issued.

The intent of Administratively approved Special Land Uses is to provide standards for certain land uses, which are uses with specific conditions that if met, make the use permitted by right. These conditions are intended to minimize potential negative impacts to other surrounding land uses that could arise due to operations of the particular use. This upon the site plan review requirements, to review and determine if the conditions have been met.

1. 1. Standards for Approval a. Prior to approving a conditional land use, the Zoning Administrator shall require that the proposed use meets all requirements and standards. If all requirements and standards are met, a conditional use permit is granted. b. Properties for which application for conditional land use approval is made shall also be concurrent with, and subject to, site plan review in accordance with the requirements of Article 5, Division 1, Site Plan Review. Failure to obtain site plan approval will constitute denial of the approved Special Land Use.
2. 2. Requirements and Standards of Approval a. The requirements to permit the Administrative Special Land Use approval shall remain unchanged. b. The Zoning Administrator shall make periodic investigations of the Special Land Use to ensure continued compliance with all requirements and standards imposed by this Article. Noncompliance with the requirements for the conditional land use shall constitute grounds for the Zoning Administrator to terminate the approval.
3. 3. Validity of Administrative Special Land Use Approval a. In cases where actual physical construction of a substantial nature of the structures authorized by a conditional land use and site plan approval has not commenced within eighteen (18) months, and a written application for extension of the approval has not been filed as provided below, the approval shall automatically become null and void and all rights thereunder shall terminate. b. Upon written application filed prior to the termination of the eighteen (18) month period, the Zoning Administrator may authorize a single extension of the time limit for a further period of not more than eighteen (18) months. Such extension shall only be granted based on evidence from the applicant that the development has a reasonable likelihood of commencing construction within the eighteen (18) month extension. c. The granting of a Special Land Use shall allow that particular use to be conforming in the zoning district, as long as the standards of this Article are maintained.
4. 4. Zoning Administrator referral to Planning Commission. At the discretion of the Zoning Administrator, a special land use requiring administrative approval of the Planning Commission may be submitted to the Planning Commission.

A special land use may be amended as follows:

1. 1. Minor amendment. Minor amendments are those which will have no foreseeable effect beyond the property boundary, such as minor changes in the siting of buildings, the alignment of utilities and the alignment of interior roadways and parking areas. Minor amendments for good cause may be authorized by the Zoning Administrator without notice or hearing, provided no such changes shall significantly increase the size or height of structures, significantly reduce the efficiency or number of public facilities serving the site, significantly reduce the usable open space or significantly encroach on natural features proposed by the plan to be protected.
2. 2. Major amendment. Any amendment not qualifying as a minor amendment is considered to be a major amendment and must be approved by the authority granting the SLU to be amended according to the procedures authorized by this chapter for approval of a SLU.
3. 3. Unless otherwise provided by this chapter or the granting order, an order approving a special land use may be amended by the granting authority according to the procedures authorized by this chapter for approval of a special land use.

A special land use order shall expire two years from the date of final approval if the applicant has not commenced substantial construction and is not diligently proceeding to completion or, where no construction is necessary, if the use authorized has not been commenced. Upon written request stating the reasons therefor, the granting authority may extend the order for one additional year. An order may be terminated upon application by

the owners of record of the land subject to a granting order. It shall be submitted and considered under the same process as is then established for granting or amending such order. The applicant shall demonstrate that if the order is terminated the property shall comply with all current requirements for the zoning district(s) of that property. The order may be rescinded at any time by the granting authority for a violation of the order by the applicant, its successors, agents or assigns after notice to the current owners and occupiers of the property and after a hearing on the violation. Upon termination of an order, the zoning requirements shall be the current requirements for the zoning district designated for the property. Any use authorized by a special land use order shall be continuously maintained once the same is commenced, and if not so continuously maintained, the special land use permit shall expire.

The Planning Commission may grant a special land use permit for the following uses in any district, except as herein qualified:

1. 1. Amusement Parks, Carnivals, Fairgrounds, Fairs, and Other Types of Outdoor Entertainment Facilities a. Minimum lot size shall be ten (10) acres. b. Activity areas using fences, buildings, walkways, or other suitable barriers shall be clearly defined on the site plan. c. All buildings, structures, and parking shall be at least three hundred (300) feet from any dwelling unit, excluding any dwelling unit on the site. d. Access shall be provided onto a primary road. e. Vehicle access shall be controlled, with capability to accommodate at least three (3) lanes of ingress traffic. At least three hundred (300) feet of stacking (queuing) area shall be provided on-site for parking fee collection. f. The Planning Commission shall determine the sufficient amount of on-site parking. g. Maximum lot coverage by buildings and structures shall be twenty percent (20%). h. The Planning Commission may require posting of a financial performance guarantee, in an amount determined necessary by the Village, to cover any potential damage or clean-up on the site or adjacent properties. i. The Planning Commission may establish limits on hours of operation, time limits on the validity of the special land use approval, or any other measures deemed necessary to minimize negative impacts on nearby uses and traffic operations along public streets. j. Prior to issuance of a special land use approval, the applicant shall provide evidence of public liability insurance and property damage insurance to cover potential liability for death or injury to persons or damage to property, which may result from the conduct of the activity.
2. 2. Automobile Gasoline Stations a. There shall be a minimum lot area of one
   1. (1) acre and minimum lot width of two hundred fifty
   250. (250) feet. b. Pump islands shall be a minimum of forty (40) feet from any public right-of-way or lot line. Tanks, propane, and petroleum products shall be set back at least fifteen (15) feet from any lot line. c. Overhead canopies shall be setback at least twenty (20) feet from the right-of-way and constructed of materials consistent with the principal building. The proposed clearance of any canopy shall be noted on the site plan. Any signs, logo, or identifying paint scheme shall be in accordance with Article 4, Division 4: Signs. The canopy shall be no higher than the principal building. Lighting in the canopy shall be recessed, fully shielded, and directed downward to prevent off-site glare. d. Only one (1) driveway shall be permitted from each street unless the Planning Commission determines additional driveways will be necessary to ensure safe and efficient access to the site. e. The intensity of lighting within a site shall meet the requirements of Article 4, f. There shall be no outdoor storage or display of vehicle components and parts, supplies, or equipment except within an area defined on the site plan approved by the Planning Commission and which extends no more than ten (10) feet beyond the building. g. The applicant shall submit a Pollution Incidence Protection Plan (PIPP). The PIPP shall describe measures to prevent groundwater contamination caused by accidental gasoline spills or leakage, such as special check valves, drain back catch basins, and automatic shut off valves, as approved by the Village of Mayville Fire Department. h. Any use involving maintenance, service, or repair shall also meet the standards for automobile service establishments. i. In the event that an automobile service station use has been abandoned or terminated for a period of more than one (1) year, all underground gasoline storage tanks shall be removed from the premises, in accordance with State requirements.
3. 3. Automobile Repair Establishments (Major Repair) and Automobile Service Establishments (Routine Maintenance and Minor Repair) a. All principal and accessory structures shall be set back a minimum of five hundred (500) feet from a Single-Family Residential District. b. There shall be a minimum lot frontage on a paved road of two hundred (200) feet. c. All maintenance and repair work shall be conducted completely within an enclosed building. d. There shall be no outdoor storage or display of vehicle components and parts, materials, commodities for sale, supplies, or equipment. e. Storage of wrecked, partially dismantled, or other derelict vehicles, or overnight parking of any vehicle except a tow truck shall be permitted in a designated area. Such area shall be appropriately screened from public view as determined by the Planning Commission. f. The applicant shall submit a Pollution Incidence Protection Plan (PIPP). The PIPP shall describe measures to prevent groundwater contamination caused by accidental gasoline spills or leakage, such as special check valves, drain back catch basins, and automatic shut off valves, as approved by the Village of Mayville Fire Department. g. Any use with gasoline sales shall also meet the standards for automobile gasoline stations.
4. 4. Bed and Breakfast Inns/Airbnb a. Parking areas shall be located off-street and shall not be located in any required front yard. b. No bed and breakfast inn shall be located closer than three hundred (300) feet to another bed and breakfast inn. c. Meals or other services provided on the premises shall only be available to residents, employees, and overnight guests of the inn. d. The dwelling unit in which the bed and breakfast establishment is located shall be the principal residence of the operator, and such operator shall live on the premises while the establishment is active. In the case of multiple ownership, at least one owner shall occupy the premises while the establishment is active. e. No guest of the bed and breakfast inn shall be permitted to reside on the premises for more than thirty (30) consecutive days. f. Any dwelling or structure proposed as a bed and breakfast inn must possesses some historical or architectural significance that makes it a unique location for such an establishment. The exterior appearance of the bed and breakfast shall not be changed from its single-family or historic character. g. No more than five (5) rooms shall be available for rent at any time.
5. 5. Commercial Parking Lots a. A commercial parking lot may be permitted as an expansion of an existing parking lot or new construction that is abutting a principal permitted or special land use. b. The applicant must demonstrate that there is an on-site parking shortage that cannot be economically resolved without expanding onto an abutting lot. c. All access to the lot shall be provided from the commercial property and/or the street on which the commercial use fronts; not onto a residential (local) street.
6. 6. Communication Towers The intent of this section is to ensure communication towers are constructed and placed in a manner which will protect the public health, safety and welfare and where visual impact will be minimized. Communication towers are permitted if all of the following requirements are met: a. The communication tower is located in an appropriate district and properties owned by governmental agencies. b. The communication tower complies with all applicable FCC and FAA regulations and all applicable building codes. c. The tower is no higher than 20 feet above the height restrictions of the district in which it is located unless it can be demonstrated that additional height is necessary for the tower’s intended purpose, but in no case shall the tower exceed 50 feet above the height restrictions of the district. Height is measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna. d. Communication towers must be set back a distance equal to at least 75 percent of the height of the tower from any adjoining lot line. Guidewires and accessory buildings must satisfy the minimum zoning district setback requirements. The Planning Commission may reduce the standard setback requirements if the goals of this chapter would be better served thereby. e. The design of the buildings and structures related to communication towers shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings. f. The tower shall not use blinking or flashing lights, unless required by the FAA or other applicable authority. If lighting is required, the lighting and design chosen must cause the least disturbance to the surrounding views. g. Cabinets housing operating equipment shall be architecturally screened from adjacent properties and street level views. h. Existing mature trees and natural landforms on the site are preserved to the maximum extent possible. i. The communications tower and operating equipment shall comply with the general standards for approval contained in this section. Any tower that is not in operation for a continuous period of 12 months is considered abandoned, and the owner shall remove the same within 90 days of receipt of notice from the Village of Mayville. Failure to remove an abandoned tower within said 90 days may be removed by the Village of Mayville at the owner’s expense.
7. 7. Convention Centers a. The building is limited to 30,000 square feet; b. Thirty five percent (35%) of the building facade shall be windows or other street level activity; c. A traffic and economic impact analysis to assess impacts on neighboring streets is provided by the applicant.
8. 8. Drive-through Window Facilities for Banks, Restaurants or Other Permitted Uses a. Sufficient stacking capacity in accordance with Article 4, Division 1: Off-Street Parking and Loading Standards, for the drive-through portion of the operation shall be provided to ensure that traffic does not extend into the public right-of-way. b. A bypass lane shall be provided around the stacking spaces. c. In addition to parking space requirements, at least three (3) parking spaces shall be provided in close proximity to the exit of the drive-through portion of the operation to allow for customers waiting for delivery of orders. d. Only one (1) ingress/egress driveway shall be permitted on any single street. If the use is located on a corner lot access to the drive-through facility shall be only from the street which carries the least amount of daily traffic at the time the application is approved, except that such access from any other street may be shared with an adjoining property. e. The Planning Commission may require direct vehicular access connections with adjacent commercial developments where feasible. f. Access driveways shall be located no less than one hundred (100) feet from the centerline of the intersection of any street or seventy-five (75) feet from the centerline of any other driveway. g. Overhead canopies shall be setback at least twenty (20) feet from the right-of-way and constructed of materials consistent with the principal building. The proposed clearance of any canopy shall be noted on the site plan. The canopy shall be no higher than the principal building. h. Outdoor speakers for the drive through facility shall be located in a way that minimizes sound transmission toward neighboring property and uses. i. The drive-through shall be accessed from an alley, not a street. However, a single lane driveway may exit onto a street if such driveway existed and was utilized prior to July 1, 2017, and it can be clearly demonstrated that alley egress for the drive-through is not practical. j. The drive-through shall be limited to two service lanes. k. The building associated with the drive-through shall be streetward of the approach lanes to screen the vehicle service lanes.
9. 9. Essential Services Structures a. The structure and use are reasonably necessary for the public convenience or welfare and, where applicable, a certificate of public convenience and necessity has been obtained from the appropriate regulating agency. b. Noise, lights, glare and odor will not disturb the surrounding land uses or members of the public. c. Fencing or other adequate security is constructed to adequately protect the public. d. If potential adverse effects have been identified, alternative sites have been examined and the proposed site is reasonably necessary to provide the essential service to residents and visitors of the Village. e. Evidence of the appropriate franchise, license or other required governmental permission is demonstrated. f. Setbacks of the district shall apply unless varied by the Planning Commission for good cause.
10. 10. Golf Courses a. Minimum size for properties involved for the use shall be forty (40) acres. b. The principal and accessory buildings, including maintenance sheds, shall be set back at least seventy-five (75) feet from all property and street lines. c. Accessory buildings, structures, and storage areas shall be screened on all sides from adjacent residential areas and public street rights-of-way as determined by the Planning Commission. d. Operational hours for maintenance vehicles, course maintenance, and/or irrigation may be restricted by the Planning Commission to protect nearby Residential Districts.
11. 11. Golf Driving Ranges and Miniature Golf Courses a. All traffic ingress and egress shall be from a major traffic route in the Village of Mayville Master Plan, or as a local or collector street on the Village’s Act 51 map. b. Whenever any such use abuts a Residential District, a transition buffer area at least one hundred (100) feet in width shall be provided between all operations, buildings, and structures, including fences, and the residential property. Landscaping, berms, and structural screens of a type approved by the Planning Commission may be placed within the buffer strip. c. All buildings, uses, operations, and structures, including fences, shall be located a minimum of one hundred (100) feet from any public right-of-way. This yard shall be landscaped as determined by the Planning Commission.
12. 12. Hospitals a. Minimum site area shall be ten (10) acres. b. The proposed site shall have at least one (1) property line abutting a “major street” or identified as a major traffic route in the Village of Mayville Master Plan. c. The front, side, and rear yard minimum setbacks shall be fifty (50) feet. d. Parking setbacks shall be forty (40) feet in the front yard, twenty (20) feet for side and rear yards. e. Whenever any such use abuts a Residential District, a transition buffer area of at least one hundred (100) feet in width shall be provided. Walls, fences, or landscaping may be required as part of this buffer area as determined by the Planning Commission. f. Emergency room, ambulance and delivery areas shall be screened from public view with an obscuring wall and/or landscaping with a minimum height of six (6) feet. g. Auxiliary uses, such as a pharmacy, gift shop, cafeteria, day care, and similar customary hospital related uses shall be allowed. h. Parking for professional and outpatient buildings, or sections of a hospital building, shall be calculated as separate uses as noted in Article 4, Division 1, Off-Street Parking and Loading Requirements. Only one-half (1/2) of the total number of parking spaces within gated or restricted physician parking lots shall be included for required parking calculations.
13. 13. Outdoor Storage a. A special land use approval may be granted for outdoor display, sales, or storage on the same property as an approved mini-storage use, marina, or other principal use deemed compatible by the Planning Commission. b. Stored vehicles or goods on a site without a building, shall meet the setback requirements of the zoning district. If a building is located on the site, no outdoor storage shall be permitted in any required yard of buildings for the district in which the commercial outdoor storage use is located. c. If retail activity is associated with the use, an enclosed building of at least five hundred (500) square feet of gross floor area for office and sales use is required. d. 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. e. All stored materials including loosely packaged materials shall not be piled or stacked higher than the height of the obscuring screen. Vehicles, implements, and recreational vehicles may exceed the height of the screen provided that they are set back from the screen a distance equal to their height. f. 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. g. All loading and truck maneuvering shall be accommodated on-site or on a dedicated easement. h. Fencing and lighting for security purposes may be required as determined by the Planning Commission. All lighting shall be shielded from adjacent residential areas in accordance with Article 4, Division 5: Lighting Standards.
14. 14. Residential Care and Treatment Facilities a. The use is located in an appropriate district. b. The facility shall be located on an arterial or collector street as shown on the Zoning Map if such facility has more than 12 residents. c. Off-street parking is provided as required by this Zoning Code, except that the Planning Commission may vary the number of parking spaces required. d. The design of the structure is approved by the Fire Chief prior to the issuance of the special land use permit and at least annually thereafter to maintain the permit. e. The structure is not used as a medical clinic or for outpatient treatment. f. The structure is not used primarily for office, administrative or regular meetings if located in a multiple family dwelling district, although occasional meetings may be allowed upon approval of the Planning Commission. g. All necessary licenses are obtained and maintained. h. The operators of the facility maintain a list of all persons residing at the facility and record their length of stay. State licensed residential facilities (e.g., adult foster care homes) with under seven residents are considered by State law to be single family residences, and State law preempts this Code. MCL 125.583(b); MSA 5.2933(2).
15. 15. Schools (private and public), Colleges, Universities a. The use is located in an appropriate district.
    1. 1) A master site and facilities plan are submitted to and approved by the Planning Commission showing:Existing facilities and planned facilities for the ensuing five years.
    2. 2) Adequate street crossing facilities, pedestrian routes, and projected number of pedestrians.
    3. 3) Sufficient areas for motor vehicle and bus circulation routes, together with areas for pick up and drop off of students.
    4. 4) If childcare use is provided, the facilities for such use shall be designated in the plan, together with the childcare hours of operation.
    5. 5) The building and parking area shall not exceed 70 percent of the lot area.
    6. 6) A traffic study must be submitted to the Planning Commission.
16. 16. Stores, Retail, Over 8,000 Square Feet Per Floor a. The building is limited to 30,000 square feet. b. Thirty five percent of the building facade shall be windows or other street level activity. c. A traffic and economic impact analysis to assess impacts on neighboring streets is provided by the applicant.
17. 17. Theaters, Live, and Performance art Centers a. The use must have existed prior to 2017. b. Minor additions are allowed provided the addition is for barrier free access, fire safety or space that will not increase the seating capacity of the facility. c. Additions are architecturally compatible with the existing structure and the character of the neighborhood. d. The applicant submits a parking plan that demonstrates there is sufficient parking within 500 feet to meet the theater’s parking demand. e. On-site exterior lighting is directed to minimize impacts on adjacent residential areas. f. Performances are not allowed between the hours of 12:00 midnight and 8:00 a.m.
18. 18. Wind Energy System, Pole or Tower-Mounted Structures The intent of this section is to ensure that free-standing wind energy systems are constructed and placed in a manner which will protect the public health, safety and welfare and where visual impact is minimized. a. Free-standing wind energy systems are permitted if all the following requirements are met:
    1. 1) The free-standing wind energy system is located in an appropriate district and properties owned by governmental agencies.
    2. 2) Guide wires are only permitted to be used on a case by case basis.
    3. 3) The free-standing wind energy system complies with all applicable FCC and FAA regulations and all applicable building codes.
    4. 4) The pole or tower is no higher than 20 feet above the height restrictions of the district in which it is located unless it can be demonstrated that additional height is necessary for the wind energy system’s intended purpose, but in no case shall the wind energy system exceed 40 feet above the height restrictions of the district.
    5. 5) Wind energy systems must be set back a distance equal to at least 75 percent of the height of the tower from any adjoining lot line. The setback can be reduced by up to 50% or a minimum of 20 feet from the lot line if it can be demonstrated through a registered architect or professional engineer that the tower is designed to collapse, fall, curl or bend within a distance or zone shorter than the height of the wind turbine. Accessory buildings must satisfy the minimum zoning district setback requirements. The Planning Commission may reduce the standard setback requirements if the goals of this chapter would be better served thereby.
    6. 6) The design of the wind energy system or buildings and structures related to the wind energy systems shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.
    7. 7) The wind energy system shall not use blinking or flashing lights, unless required by the FAA or other applicable authority. If lighting is required, the lighting and design chosen must cause the least disturbance to the surrounding views.
    8. 8) Wind energy system cabinets housing operating equipment shall be architecturally screened from adjacent properties and street level views.
    9. 9) Existing mature trees and natural landforms on the site are preserved to the maximum extent possible.
    10. 10) The wind energy pole or tower-mounted system and operating equipment shall comply with the general standards for approval contained in this chapter. Any wind energy system that is not in operation for a continuous period of 12 months is considered abandoned, and the owner shall remove the same within 90 days of receipt of notice from the Village. Failure to remove an abandoned wind energy system within said 90 days may be removed by the Village at the owner’s expense.
    11. 11) The wind energy system will meet the standards set in the Village of Mayville Code of Ordinances, Noise Control. A wind energy system emits a pure tone and would be subject to a reduction of five DBA.

b. Wind energy system, building-mounted structures. The intent of this section is to ensure that building-mounted wind energy systems are constructed and placed in a manner which will protect the public health, safety and welfare and where visual impact is minimized. Building-mounted wind energy systems may exceed the 20 feet above the height limitation of the district if all of the following requirements are met:

1. 1) Height exceptions to what is allowed by right will not be allowed.
2. 2) A taller building-mounted wind energy system may be proposed and may be approved on a case by case basis.
3. 3) Guide wires are only permitted to be used on a case by case basis.
4. 4) The building-mounted wind energy system complies with all applicable FCC and FAA regulations and all applicable building codes.
5. 5) A building-mounted wind energy system is no higher than 20 feet above the height of the roof deck in which it is located unless it can be demonstrated that additional height is necessary for the wind energy system’s intended purpose, but in no case shall the wind energy system exceed 40 feet above the height of the roof.
6. 6) The setback can be reduced by up to 50% or a minimum of 20 feet from the lot line if it can be demonstrated through a registered architect or professional engineer that the tower is designed to collapse, fall, curl or bend within a distance or zone shorter than the height of the wind turbine. Accessory buildings must satisfy the minimum zoning district setback requirements. The Planning Commission may reduce the standard setback requirements if the goals of this chapter would be better served thereby.
7. 7) The design of the wind energy system or buildings and structures related to the wind energy systems shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.
8. 8) The wind energy system shall not use blinking or flashing lights, unless required by the FAA or other applicable authority. If lighting is required, the lighting and design chosen must cause the least disturbance to the surrounding views.
9. 9) Wind energy system cabinets housing operating equipment shall be architecturally screened from adjacent properties and street level views.
10. 10) Existing mature trees and natural landforms on the site are preserved to the maximum extent possible.
11. 11) The wind energy pole or tower-mounted system and operating equipment shall comply with the general standards for approval contained in this period of 12 months is considered abandoned, and the owner shall remove the same within 90 days of receipt of notice from the Village. Failure to remove an abandoned wind energy system within said 90 days may be removed by the Village of Mayville at the owner’s expense.
12. 12) The wind energy system will meet the standards set in the Village of Mayville Code of Ordinances, Noise Control. A wind energy system emits a pure tone and would be subject to a reduction of five DBA.

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