This article establishes procedures and regulations for the review and approval of special uses.

(Ord. No. 2005-11, 11-21-05)

All special uses shall be subject to review and approval by the planning commission under the provisions of this article. A special use requiring a nonuse or dimensional variance shall first be approved by the planning commission before an application for such variance may be filed with the zoning board of appeals.

(Ord. No. 2005-11, 11-21-05)

Applicants are required to submit materials for informational and advisory review and consultation with planning department staff, other city departments and the planning commission prior to filing applications under the provisions of this article. The purpose of this pre-application consultation is to provide applicants with information pertinent to the city's development policies and regulations, and to present an overview of the procedural and material regulations of the special use approval process.

Materials presented and discussions held during such consultation shall be for informational purposes only and shall not be legally binding on either the applicant or city. There shall be no fee for this consultation process. Applicants must submit a preliminary site plan which includes the following information in order to initiate this process:

(1)

The name, address and telephone number of the applicant and property owner. The name of the proposed use, if any;

(2)

A scale and north arrow;

(3)

The exterior boundaries (with dimensions) of the property. The location and name(s) of abutting streets;

(4)

The type(s) and location of proposed land use(s), and an indication of the approximate land area to be devoted to each use;

(5)

The approximate location of lots and buildings with an indication as to the use of each;

(6)

Driveways providing ingress and egress to the property. Driveways on adjoining properties and on properties separated from the subject property by a public or private street;

(7)

Routes for vehicular and pedestrian circulation;

(8)

Parking and loading areas;

(9)

Open space, common and recreation areas; and

(10)

Natural features, including stands of trees, drainage and water courses and wetlands.

(Ord. No. 2005-11, 11-21-05)

Applications for special use shall be submitted to the planning department and shall consist of the following materials and information:

(1)

A completed application form;

(2)

An application fee;

(3)

Four sets of plans at 24 by 36 inches; 12 sets, Z-folded, at 11 by 17 inches; and if requested one digital copy in a format designated by the planning department of a site plan illustrating all of the information required by section 122-324(3) (unless any of the information is deemed unnecessary by planning department staff).

(Ord. No. 2005-11, 11-21-05)

The planning department shall distribute copies of the site plan to appropriate public utilities and city departments having review authority over the proposed special use.

(Ord. No. 2005-11, 11-21-05)

(a)

The planning commission shall review the application and site plan and any reports and findings prepared by planning department staff and other city departments. Review of the site plan shall be concurrent with review of the application. Approval of the site plan shall be subject to the site plan approval standards set forth in article XV, section 122-326.

(b)

The planning commission shall hold a public hearing on all applications. Notice of public hearings shall be given in accordance with the regulations of the Michigan Zoning Enabling Act, PA 110 of 2006 as amended.

(c)

The planning commission may approve, approve with conditions, or deny approval of the application. It may also postpone action on the application at the request of the applicant, or pending receipt of a revised site plan or supplemental information requested by the planning commission deemed necessary to an informed decision.

(d)

Establishment of the special use shall be subject to the conditions of approval, if any, the standards and regulations applicable to the special use set forth in this chapter, any standards for specific uses set forth in article XXI, and the approved site plan.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2008-17, § 19, 12-15-08)

(a)

The proposed special use will not impair the public health, safety or welfare.

(b)

The proposed special use is appropriate for its proposed location and compatible with the character of surrounding land uses, and the uses permitted in the zoning district(s) in which surrounding property is located.

(c)

The proposed special use complies with applicable zoning district regulations.

(d)

The proposed special use complies with applicable standards for specific uses set forth in article XXI.

(e)

The location and design of the proposed special use minimizes any potential adverse effects of the use on adjacent property by avoiding significant adverse impact relating to parking, loading, delivery, storage and service areas, odors, noise, glare, vibration and other potential nuisances.

(f)

The location and design of driveways are safe in relation to streets providing access to the use. Access to the use is designed to minimize conflicts between vehicles and pedestrians and with traffic using adjacent streets and driveways. Vehicular circulation is designed to be safe and convenient.

(g)

Off-street parking areas comply with the provisions of article XVII.

(h)

Greenbelts, landscaping and screening are provided in accordance with the regulations of article XVIII.

(i)

Walls and fences comply with the provisions of article XIX.

(j)

Signs comply with the provisions of article XX.

(k)

Refuse receptacles are adequately screened from view from streets and adjoining property.

(l)

All exterior lighting (building mounted and freestanding) is designed and installed so as to comply with the regulations of section 122-60 to result in minimal light trespass onto adjoining property, and to avoid interference with the vision of motorists on adjoining streets.

(m)

Access routes to all buildings, structures and uses are provided for emergency services vehicles.

(n)

Public utilities are provided in accordance with the regulations of public utility providers. Storm water management is consistent with city, state and federal regulations.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2008-17, § 20, 12-15-08)

Any conditions imposed with the approval of a special use shall be in accordance with the regulations of the Michigan Zoning Enabling Act, PA 110 of 2006 as amended.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2008-17, § 21, 12-15-08)

The planning commission may require an applicant to provide a performance guarantee in accordance with the regulations of section 122-61.

(Ord. No. 2005-11, 11-21-05)

Construction for an approved special use must commence within one year from the date of approval or such approval shall become null and void. Upon written request, an extension of one year may be granted by the planning commission for good cause shown.

In the event that construction is not necessary to establish an approved special use, said use must be established within one year from the date of approval or such approval shall become null and void. Upon written request, an extension of one year may be granted by the planning commission for good cause shown.

(Ord. No. 2005-11, 11-21-05)

If it becomes necessary to amend, extend or modify a special use, then a new application for special use must be filed.

(Ord. No. 2005-11, 11-21-05)

Decisions on applications may be appealed to the zoning board of appeals. Such appeals shall be made within 30 days of the date of the written decision on an application (i.e.- minutes of the meeting).

(Ord. No. 2005-11, 11-21-05)