Bellevue City Zoning Code
ARTICLE XXV
Planning Commission
§ 155-25.01 Powers and duties.
The Planning Commission is hereby designated the commission pursuant to Act 285, Public Acts of Michigan 1931, MCLA § 125.31 et seq., as amended, and shall perform the duties of said commission as provided in said Act, together with such other powers and duties as are given to the commission by the provisions of this chapter. One member of the Planning Commission shall serve as a member of the Board of Appeals.
§ 155-25.02 Authority to approve uses.
Whenever in this chapter the lawful exercise or existence of a use requires the approval of the Village Council, the Commission is hereby authorized and directed to investigate the matter requiring such approval, to conduct a hearing thereon, and to make a determination and recommendation to the Board of Trustees, which shall then approve, approve with modifications, or deny the requested use.
§ 155-25.03 Hearing; notice.
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, notice shall be provided pursuant to the requirements of Public Act 110 of 2006, MCLA § 125.3101 et seq.
§ 155-25.04 Surveys and plans.
Where the Planning Commission is empowered to approve certain uses of premises under the provisions of this chapter or in cases where the Commission is required to make an investigation and recommendation to the Village Council, the applicant shall furnish such surveys, plans or other information as may be reasonably required by the Commission for the proper evaluation and consideration of the matter.
§ 155-25.05 Special land uses.
A.
The Village Council shall have sole authority to approve, conditionally approve, or reject applications for special land use permits.
B.
Application for a special land use permit shall be made by filing the application form, required information, and required fee with the Zoning Administrator. The fee shall be set by resolution by the governing body, 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. The Zoning Administrator shall transmit a copy of the application and submitted information to the Planning Commission for investigation, review and recommendation to the Village Council.
C.
An application for a special land use permit shall contain the following information:
(1)
The applicant's name, address, and telephone number.
(2)
The names and addresses of all record owners and proof of ownership.
(3)
Legal description, address, and tax parcel number of the property.
(4)
A scaled and accurate survey drawing correlated with a legal description and showing all existing buildings, drives, and other improvements.
(5)
A detailed description of the proposed use.
(6)
A site plan, if requested by the Planning Commission, which plan shall meet all the requirements of Article XXII.
(7)
Any other information required by Articles XIV, XVI, XVII and XXII of this chapter.
D.
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 chapter. The Planning Commission shall find and report adequate data, information, and evidence demonstrating whether the proposed use meets all required standards and;
(1)
Will be consistent with the intent and purpose of this chapter.
(2)
Will be compatible with the natural environment and existing and future land uses in the vicinity.
(3)
Will be compatible with the community master plan of current adoption.
(4)
Will be compatible with essential public facilities and services, such as highways, streets, police and fire protection, drainageways and structures, refuse disposal, or schools affected by the use.
(5)
Will not be hazardous, or disturbing to existing or future neighboring uses;
(6)
Will not create additional requirements at public costs for public facilities and services that will be detrimental to the economic welfare of the Village.
(7)
Will not involve uses, activities, processes, materials and equipment and conditions of operation that will be detrimental to any person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
(8)
The use will be consistent with the public health, safety and welfare of the Village.
E.
The Planning Commission shall recommend approval, conditional approval, or rejection of a special land use permit application. The Planning Commission's recommendation, the basis for its decision, and all conditions imposed, shall be described in a written statement which shall be made a part of the record in a public meeting.
F.
Upon consideration of the Planning Commission's recommendation, the Village Council shall approve, conditionally approve, or reject a special land use permit application. The Village Council's basis for its decision, and all conditions imposed, shall be described in a written statement and finding of facts, which shall be made a part of the record in a public meeting.
G.
In granting a special land use permit, the Village Council may impose conditions it deems necessary to achieve the objective and standards of this chapter, the standards of the Zoning Act, and the public health, safety, and welfare of the Village. Failure to comply with such conditions shall be considered a violation of this chapter. An approved special land use permit, including all conditions, shall run with the land to which the approval applies, and shall remain unchanged except upon the mutual consent of the Village Council and the permittee. Any such changes shall be recorded in the minutes of the Village Council 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 Village shall not be resubmitted for a period of 365 days from the date of denial, except on grounds of new evidence or proof of changed conditions found by the Planning Commission to be valid.
I.
A special land 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 and conditions permitted by right in that specific zoning district.
J.
The decision of the Village Council with respect to a special land use permit may not be appealed to the Zoning Board of Appeals.
§ 155-25.06 Application of procedures to planned unit developments, cluster, open space options and private roads.
A.
The procedures for consideration, recommendation, and approval, conditional approval or rejection of special land use permit applications provided in this article apply equally to planned unit developments the one-family cluster open space option and private roads.
§ 155-25.07 Conditions for approval.
Reasonable conditions may be required in conjunction with the approval of a special land 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 ensure 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. 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 Village as a whole.
B.
Be reasonably compatible with the master plan for future land use.
C.
Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity.
D.
Be necessary to meet the intent and purpose of the zoning requirements; be related to the standards established in this chapter for the land use or activity under consideration, and be necessary to insure compliance with those standards.
E.
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.