The city planning commission is hereby designated the commission as specified in the Michigan zoning enabling act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.) and shall perform the duties of said commission as provided in these acts, as amended, together with such other powers and duties as are given to such commission by the provisions of this article, including authority to act on all matters requiring approval or recommendation of such commission. One member of the planning commission shall serve as a member of the board of appeals.

(Ord. No. 96-5, § 1900, 3-5-1996; Ord. No. 2014-05, § 1(1800), 11-4-2014)

Whenever in this article the lawful exercise or existence of a use requires the approval of the city planning commission, such commission is hereby authorized and directed to investigate the matter requiring such approval, to conduct a hearing thereon, to make a determination, to either grant or refuse the approval and to do all things reasonably necessary to the making of such investigation and determination, subject to the provisions of this article.

(Ord. No. 96-5, § 1801, 3-5-1996)

Upon receipt of an application for a special land use approval, a conditional use approval, a planned development approval, a single-family cluster approval or any other land use approval which requires a decision on discretionary grounds, one notice that a request has been received shall be published in a newspaper of general circulation in the city and shall be sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet of the boundary of the property in question. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each unit or spatial area shall receive notice. All notice requirements shall comply with the provisions of the Michigan zoning enabling act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.) and section 50-516.

(Ord. No. 96-5, § 1802, 3-5-1996; Ord. No. 2014-05, § 1(1802), 11-4-2014)

Where the planning commission is empowered to approve certain uses of premises under the provisions of this article or in cases where the commission is required to make an investigation, the applicant shall furnish such surveys, plans or other information as may be reasonably required by said commission for the proper evaluation and consideration of the matter.

(Ord. No. 96-5, § 1803, 3-5-1996)

(a)

Whenever a special land use, namely, uses subject to special conditions, is requested pursuant to sections 50-82, 50-112, 50-142, 50-172, 50-230, 50-284 and 50-453, then the provisions and conditions of this section shall apply in addition to the provisions and conditions of the other aforesaid sections and the following sections.

(b)

The planning commission shall have the authority to grant special land use permits and to attach conditions to a permit. Only those uses listed in sections 50-82, 50-112, 50-142, 50-172, 50-230, 50-258, 50-284 and 50-453 shall be considered for special land use permit review and approval.

(c)

Application for a special land use permit shall be made by filing the application form, required information, and required fee with the building inspector. The fee shall be set by resolution by the city council, except that no fee shall be required for a special land use permit application for the construction of a single-family residence or of any governmental body or agency. No part of the fee shall be returnable to the applicant. The building inspector shall transmit a copy of the application and submitted information to the planning commission.

(d)

An application for a special land use permit shall contain the following information:

(1)

The applicant's name, address, e-mail address and telephone number.

(2)

The names, and addresses of all record owners and proof of ownership.

(3)

The applicant's interest in the property and if the applicant is not the fee-simple owner, the owner's signed authorization for the application.

(4)

Legal description, address, and tax parcel number of the property.

(5)

A scaled and accurate survey drawing correlated with a legal description and showing all existing buildings, drives, and other improvements.

(6)

A detailed description of the proposed use.

(7)

A site plan, if requested by the planning commission, which plan shall meet all the requirements of section 50-462.

(e)

The planning commission shall review the particular circumstances and facts of each proposed use in terms of the following standards and required findings, and with respect to any additional standards set forth in this article. The planning commission shall find and report adequate data, information, and evidence showing that the proposed use meets all required standards:

(1)

Will be harmonious, and in accordance with the objectives, intent, and purpose of this article.

(2)

Will be compatible with a natural environment and existing and future land uses in the vicinity.

(3)

Will be compatible with the city master plans.

(4)

Will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage ways and structures, refuse disposal, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately for such services.

(5)

Will not be detrimental, hazardous, or disturbing to existing or future neighboring uses, persons, property, or the public welfare.

(6)

Will not create additional requirements at public costs for public facilities and services that will be detrimental to the economic welfare of the community.

(f)

The planning commission shall approve, approve with conditions, or deny special land use permit application. The planning commission's decision, the basis for their decisions, and all conditions imposed, shall be described in a written statement which shall be made a part of the record of the meeting.

(g)

In granting a special land use permit, the planning commission shall impose any conditions it deems necessary to achieve the objective and standards of this chapter, the standards of the Michigan zoning enabling act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.), and the public health, safety, and welfare of the city. Failure to comply with such conditions shall be considered a violation of this article. An approved special land use permit, including all conditions, shall run with the parcel in the approval and shall remain unchanged except upon the consent of the planning commission. Any such changes shall be entered into city records and recorded in the minutes of the planning commission meeting at which the action occurred. The procedures required for an original application shall be followed with respect to any proposed changes.

(h)

An application for a special land use permit which has been denied wholly or in part by the planning commission shall not be resubmitted for a period of 365 days from the date of denial, except upon the consent of the planning commission to be valid.

(i)

A special conditional use approval runs with the land until such time as the use designated in the "approval" is changed by the occupant. The land then reverts back to only the uses permitted in that specific zoning district.

(j)

The decision of the planning commission with respect to a special land use permit shall not be appealable to the board of appeals.

(Ord. No. 96-5, § 1804, 3-5-1996)

State Law reference— Special land uses, MCL 125.3502 et seq.

In making any recommendations or approvals on special land uses, conditional uses, planned development districts, single family cluster developments or other matters authorized by law, the planning commission and the city council, where its approval is also required, shall consider and apply the following standards:

(1)

Whether or not the use involved is consistent with and promotes the intent and purpose of this article.

(2)

Whether or not the use involved is compatible with adjacent uses of land, the natural environment, and the capacities of public services and facilities affected by the land use.

(3)

Whether or not the use involved is consistent with the public health, safety and welfare of the city.

(Ord. No. 96-5, § 1805, 3-5-1996)

Reasonable conditions may be required in conjunction with the approval of a special land use, conditional use, planned development district, single family cluster development or other land uses or activities permitted by discretionary decision. The conditions may include conditions necessary to insure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner.

(1)

Conditions imposed shall do the following:

a.

Be designed to protect natural resources, the health, safety and welfare, as well as the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

b.

Be reasonably compatible with the city's master plan for future land use.

c.

Be related to the valid exercise of the policy power and purposes which are affected by the proposed use or activity.

d.

Be necessary to meet the intent and purpose of the zoning regulations, be related to the standards established in this article for the land use or activity under consideration, and be necessary to insure compliance with those standards.

(2)

The conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the approving authority and the landowner. The approving authority shall maintain a record of changes granted in conditions.

(Ord. No. 96-5, § 1806, 3-5-1996)