Certain land uses, structures or activities which because of unique characteristics in relation to the welfare of adjacent properties and the community as a whole may be allowed as a special approval use within a zoning district. However, such use shall not be permitted without prior review by the planning commission and approval of the city council and only if the special use is harmonious with the surrounding community and property. The provisions of this article are intended to set forth the procedure and standards applicable to such special approval use.

(Ord. No. 89-3, § 1(I)(4A.01), 9-26-1989)

(a)

Application for a special approval use shall be filed not later than 20 days prior to the next regularly scheduled meeting of the planning commission with the city on a form provided. The building inspector will review the application for completeness prior to being submitted to the planning commission. Any incomplete application shall be rejected. Each application shall be accompanied by an application fee in accordance with the schedule of fees adopted by the city council to cover the cost of processing and review of the application.

(b)

The application for special use approval shall be signed by each owner of the property being proposed for such special use, and shall be accompanied by the following information:

(1)

The complete legal description of the property.

(2)

A map indicating the gross land area of the development, the present zoning classification thereof, and the zoning classification and land use of the area surrounding the proposed development.

(3)

A vicinity map showing the location of the area in relation to surrounding properties, streets, freeways, parks, schools, school sites and other significant features of the community where appropriate.

(4)

A site plan as required in section 52-904, containing at a minimum, the following information drawn to scale:

a.

Location of each existing and each proposed structure in the development area, the use or uses to be contained therein, the number of stories, gross building areas, distances between building and between buildings and lot lines, setback lines, and location of entrances and loading points.

b.

All streets, driveways, service aisles and parking areas, including general layout and design of parking lot spaces.

c.

All pedestrian walks, malls and open areas for parks, recreation and light and air to be dedicated to the public or to be retained by an acceptable property owner's association.

d.

Architectural sketches, at an appropriate scale, showing building heights, elevations, and other features of the development.

e.

A general grading plan of the proposed development with brief narrative description.

f.

Where the use is of a temporary nature, a statement relative to the duration of the proposed use and any conditions for restoration of premises or property in which such use is to be conducted.

(c)

Public hearing. Upon receipt of an application for a special approval use, a notice that the planning commission shall hold a public hearing for the purpose of receiving comments relative to the special approval use application shall be given as required by section 103 of Public Act No. 110 of 2006 (MCL 125.3103).

(d)

Within 30 days following the public hearing, the planning commission shall review the application for a special approval use, comments received at the public hearing, the site plan and other materials submitted in relation to the application, and make a determination on the special use application in accordance with the criteria for approval stated in section 52-935. Such determination shall include findings with regard to:

(1)

Effect of the proposed use on surrounding properties.

(2)

Effect of the proposed use on traffic or pedestrian safety and traffic safety.

(3)

Environmental impacts of the proposed special use.

(4)

Effects of noise generated by the proposed use.

(5)

Whether the location, size, and other conditions regarding the proposed special approval use are in furtherance of the spirit and intent of the particular zoning district in which such proposed use is to be located.

(6)

The suggested length or duration of any proposed use if such proposed use is to be less than permanent in nature.

(e)

Upon completion of its findings and conclusions, the planning commission shall prepare and file its report with the city council. In addition to its findings and conclusions, the planning commission, where appropriate and necessary, may also recommend to the city council any conditions which should be imposed upon a proposed special approval use, or it may recommend additional information which may be necessary for consideration by the city council.

(f)

Upon receipt of the conclusions and report of the planning commission, the city council shall place upon its agenda the application for special approval use. Such application shall be considered at a regularly scheduled meeting of the city council. In the discretion of the city council, the matter of a particular special use application may be scheduled for a public hearing to be held at a designated time and date before the city council. In such event, the city clerk shall give notice to all property owners in the manner herein prescribed in subsection (c) of this section.

(g)

The city council, in considering approval or rejection of an application for special use, shall take into account the report and conclusions received from the planning commission, together with additional information which may have been received by the city council. Nothing herein shall be deemed to preclude the city council from requesting any additional information which it may deem necessary or essential or consideration of a special use application.

(h)

Upon conclusion of deliberations and consideration by the city council, the city council, by a majority of the members then present and constituting a quorum, shall by resolution approve, deny or approve with conditions the request. Such denial, approval or approval with conditions shall be incorporated in a resolution that contains the findings relative to the special approval use under consideration and which further specifies the basis for the decision and any conditions imposed. The city council may, in its conclusions and resolution, adopt some or all of the findings and recommendations of the planning commission, and/or modify any of the conclusions or recommendations of the planning commission, or may make its own findings.

(Ord. No. 89-3, § 1(I)(4A.02), 9-26-1989)

In formulating recommendations or approving any special approval use, the planning commission and city council shall require that the following standards be satisfied:

(1)

Upon review of each application there shall be a determination as to whether each use on the proposed site will:

a.

Be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the area and zoning district in which the use is proposed.

b.

Be adequately served by essential facilities and services such as highways, streets, police and fire protection, drainage, refuse disposal, water and sewer facilities and schools.

c.

Not create excessive additional requirements at public cost for public facilities and services.

d.

Not cause traffic congestion, conflict or movement in greater proportion to that normally prevailing for the use in the particular zoning district.

e.

Not involve uses, activities, processes, materials, equipment or conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of noxious or offensive production of noise, smoke, fumes, glare, vibration, odor or traffic.

(2)

All applicable federal, state and local licensing regulations shall be complied with. Initial and annual proof of such compliance shall be a condition of special use approval and the continuance thereof.

(3)

As a minimum the dimensional standards and landscape, buffering and parking regulations otherwise applicable to the use and/or zoning district shall be maintained as outlined within the other various applicable articles of this chapter. For uses permitted by right in one district, but which require special use approval in another district, the standards relating to the district in which the use is permitted by right shall serve as the minimum standards to which the site shall be designed. In such cases where there are conflicting standards, the most restrictive shall apply.

(Ord. No. 89-3, § 1(I)(4A.03), 9-26-1989)

(a)

After review, the planning commission may recommend, and the city council may impose as appropriate, such additional conditions and safeguards deemed necessary for the protection of individual property rights and values, the general welfare and for ensuring that the intent and objectives of this article are observed.

(b)

Upon finding that any condition, safeguard requirement has been breached, the city council may automatically invalidate the special approval use approval.

(c)

If stipulated as part of the conditions of approval, special approval use approval may provide for certain specific seasonal, fund raising, charitable, or other events of a defined and limited nature. In addition nothing herein shall preclude the city council, on application made in writing, and for good cause shown, to permit other specific events as part of such proposed special use, provided such event is not of a regularly recurring nature, is consistent with the special use approval, is harmonious with surrounding land uses, and is of a defined and specific nature. The city council may impose requirements on such additional events as will ensure compliance with this article. No approval of any such event or activity shall be deemed to assure approval of any additional events or activities, nor shall any such permit in any way expand or enlarge the approved special use.

(d)

In the event of rejection by the city council of an application for special approval use, no application for the same special use shall be filed for the same property within a period of 24 months from the date of action by the city council.

(Ord. No. 89-3, § 1(I)(4A.04), 9-26-1989)

State Law reference— Special land use regulations and standards, MCL 125.3504.

Any property which is the subject of a special approval use permit which has not been used for a period of 12 months (without just cause being shown which is beyond the control of the owner and which is acceptable to the city council for the purposes for which such special approval use was granted) shall thereafter be required to be used for only permissible uses set forth in the particular zoning classification and the permit for such special approval use shall thereupon terminate. In addition, upon the expiration of any time period established as a condition for the approval of a special approval use of a temporary nature, the use shall immediately cease and may not continue unless such time period is extended by re-application consistent with the provisions of section 52-934.

(Ord. No. 89-3, § 1(I)(4A.05), 9-26-1989)

Coordination with development plan review. Where a special approval use is also a use for which development plan review is required in accordance with section 52-904, then in such event the applicant may elect at the time of application for special use approval to file a joint application for special use approval and development plan approval. In such event, the requirements of this section for special use approval, as well as each and every requirement for development plan approval, shall be applicable in accordance with this section, as well as section 52-904. In the event of a joint application for special use approval and development plan approval, no special use shall be approved unless it shall meet each and every requirement for development plan approval, and no site plan approval shall be granted unless such proposed use shall meet each and every requirement for special use approval.

(Ord. No. 89-3, § 1(I)(4A.06), 9-26-1989)