Special uses are those uses of land with characteristics requiring individual review and discretion in order to avoid incompatibility with the character of the surrounding area, public services and facilities. The purpose of this article is to establish equitable procedures and criteria which shall be applied in the determination of requests to establish special uses. The criteria for decision and requirements provided for under the provisions of the chapter shall be in addition to those required elsewhere in this chapter which are applicable to the special use under consideration.

(Ord. No. O-042682-1, § 17.01, 4-26-1982)

An application for permission to establish a special use shall be submitted and reviewed in accordance with the following procedures:

(1)

Application. Applications for a special use shall be submitted to the building inspector. The building inspector will review the application and, if complete, transmit it to the planning commission. Each application shall be accompanied by a fee and escrow amount in as specified in section 78-65 and in accordance with the schedule of fees and escrow amounts adopted by resolution of the township board to cover the costs of processing the application. No part of the application fee shall be refundable, however, funds paid or deposited into escrow which are not used or spent by the township shall be returned to the applicant.

(2)

Required information. An application for a special use shall be accompanied by the following documents and information:

a.

A completed special use application on a form supplied by the township.

b.

A site plan, containing the items specified by division 1 of article XXII.

c.

A statement regarding compliance with the criteria required for approval by section 78-493, and other criteria imposed by this chapter affecting the special use under consideration.

(3)

Public hearing. Upon receipt of a completed application for special use, the planning commission shall call and serve notice of a public hearing in accordance with the Zoning Enabling Act for the purpose of receiving comments relative to the special use.

(Ord. No. O-042682-1, § 17.02, 4-26-1982; Ord. No. O-072699-1, § 4, 7-26-1999; Ord. No. O-041403-1, § 11, 4-24-2003)

Prior to approval of a special use, the planning commission shall review the particular circumstances of the special use under consideration and shall approve a special use only upon a finding of compliance with each of the following standards, as well as applicable standards established elsewhere in this chapter:

(1)

The special use shall be designed, constructed, operated and maintained in a manner harmonious with the character of adjacent property and the surrounding area.

(2)

The special use shall not change the essential character of the surrounding area.

(3)

The special use shall not be hazardous to adjacent property, or involve uses, activities, materials or equipment which will be detrimental to the health, safety or welfare of persons or property through the excessive production of traffic, noise, smoke, fumes or glare.

(4)

The special use shall not place demands on public services and facilities in excess of capacity.

(Ord. No. O-042682-1, § 17.03, 4-26-1982)

Following its review of the application for a special use, comments received at the public hearing, the site plan and other materials submitted in relation to the application, the planning commission may deny, approve or approve with conditions the special use in accordance with the criteria for approval stated in section 78-493, and such other standards contained in this chapter which relate to the special use under consideration. Upon approval or approval with conditions by the planning commission, the applicant may apply for a building permit.

(Ord. No. O-042682-1, § 17.04, 4-26-1982)

Approval of a special use pursuant to this article shall expire one year from the date of approval unless the authorized use or activity has commenced prior to such expiration; provided, however, that the planning commission may approve the extension of such time period for up to one additional year.

(Ord. No. O-042682-1, § 17.05, 4-26-1982)