The procedures and standards in this article are intended to provide a consistent and uniform method for review of proposed plans for special land uses. Special land uses are uses which possess unique characteristics and therefore cannot be properly classified as a permitted use in a particular zoning district. This article contains standards for review for each special land use proposal individually on its own merits to determine if it is an appropriate use for the district and specific location where it is proposed.

(Ord. No. 01-20, § 18.121, 2-10-20)

The procedure for special land use review shall be as follows:

(a)

Application. An applicant for a special land use shall submit an application for review to the building department, together with the required fee and appropriate information, not less than forty-five (45) days prior to the date of the regular meeting of the planning commission, at which the special use application will be considered. The following information shall also be submitted:

(1)

A site plan with the required information as set forth in article VI.

(2)

A statement with regard to compliance with the criteria required for approval in section 18-123, standards for special land use approval and any specific standards required by the specific use as provided in article VIII, specific use standards.

(3)

Failure to provide the required information and materials as part of the application of special land use approval shall render the application deficient and said application shall be held in abeyance until the petitioner submits all required items. The zoning administrator may waive the submission of a site plan where such information is not material to planning commission action, specifically where no physical changes to the site are proposed.

(b)

Public hearing. The planning commission shall hold a public hearing, or hearings, upon any application for special land use. Notice of which shall be in the manner required by section 18-38, notices.

(c)

Planning commission action.

(1)

The planning commission shall conduct the required public hearing. At the public hearing, the planning commission shall review the application for special land use approval in accordance with section 18-123 and any specific standards in article VIII, specific use standards.

(2)

The planning commission shall approve, approve with conditions, or deny the special land use based on the findings outlined in section 18-123.

(Ord. No. 01-20, § 18.122, 2-10-20)

(a)

Standards. The planning commission shall review the particular circumstances and facts of each proposed use, and shall consider the following general standards, and any specific standards established for a particular use.

(1)

Compatibility with the master plan. The proposed special land use shall be consistent with the goals, objectives, and the future land use plan described in the Berlin Charter Township Master Plan.

(2)

Compliance with zoning standards. The proposed special land use shall be designed, constructed, operated, and maintained to meet the stated intent of the zoning districts, and shall comply with all applicable ordinance standards.

(3)

Compatibility with adjacent uses. The proposed special land use shall be designed, constructed, operated, and maintained to be compatible with and not significantly alter the existing or intended character of the general vicinity in consideration of environmental impacts, views, aesthetics, noise, vibration, glare, air quality, drainage, traffic, or similar impacts. The proposed use shall be such that the location and height of buildings or structures, and the location, nature and height of walls, fences, and landscaping will not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.

(4)

Impact of the overall environment. The proposed special land use shall not reasonably impact the quality of the natural features and the environment in comparison to the impacts associated with typical permitted uses.

(5)

Impact of public facilities. The proposed special land use shall be served adequately by public facilities and services, such as police and fire protection, schools, drainage systems, water and sewage facilities, streets, pedestrian or bicycle facilities, and refuse disposal. Such services shall be provided and accommodated without an unreasonable public burden.

(6)

Traffic impact. The proposed special land use shall be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration: pedestrian access and safety; vehicle trip generation; types of traffic, access location, and design, circulation, and parking design; street and bridge capacity; and traffic operations at nearby intersections and access points.

(7)

Public safety and welfare. The proposed use shall be designed, located, planned, and operated to protect the public health, safety, and welfare.

(8)

Special use approval specific requirements. The general standards and requirements of this section are basic to all uses authorized by special land use approval. The specific and detailed requirements relating to particular uses and area requirements must also be satisfied for those uses.

(b)

Additional findings. The planning commission shall also consider the nature and character of the activities, processes, materials, equipment, or conditions of operation, either specifically or typically associated with the use, including but not limited to: hours of operation, outdoor storage, and work areas.

(Ord. No. 01-20, § 18.123, 2-10-20)

(a)

Authority. The planning commission may at its discretion impose additional conditions of approval, when it is determined that such increases in standards or additional conditions are required to achieve or assure compatibility with adjacent uses and/or structures.

(b)

Scope. Conditions that are imposed by the planning commission shall:

(1)

Be related to and ensure the review considerations of section 18-123 and the applicable specific use regulations are met.

(2)

Special land use approval is applicable to a property, not property owners, so long as the use remains in effect under terms set from section 18-125.

(3)

The conditions shall remain unchanged unless an amendment to the special land use is approved by the planning commission.

(c)

Approval of a special land use, including conditions made part of the approval, is attached to the property described in the application and not to the owner of such property. A record of conditions imposed shall be made a part of the planning commission minutes and maintained by the township clerk.

(d)

A violation of a requirement, condition, or safeguard shall be considered a violation of this chapter and grounds for the planning commission to revoke such special land use approval in accordance with section 18-128.

(Ord. No. 01-20, § 18.124, 2-10-20)

(a)

Remain in force. Upon receipt of site plan approval, special land use approval shall continue in force so long as the particular use or activity continues to operate as approved on the approved site, unless otherwise specified in the planning commission approval.

(b)

Expiration. Any special land use approval granted by the planning commission shall expire unless a final site plan effectuating the special land use is approved within one (1) year of the date of approval.

(c)

Extension. Upon written application filed prior to the termination of the one (1) year period as provided above, the planning commission may authorize a single extension of the time limit, as set forth in section 18-125(b), for an additional one (1) year period. Such extension shall be granted based on evidence from the applicant that the development has a reasonable likelihood of commencing construction during the one (1) year extension period.

(d)

Conforming use status. Any approved special land use shall be deemed a use permitted in the district in which it is located and is not to be considered a non-conforming use.

(e)

Abandonment. When a special land use which has not previously received a special land use approval ceases operations for more than one (1) year, the special land use shall become null and void, and a new special land use approval shall be required to re-open the use. The timeframe shall be extended to two (2) years for a use which was approved as a special land use under this article.

(f)

Resubmittal. No application for a special land use which has been denied wholly or in part shall be resubmitted for a period of one (1) year from the date of denial, except on the grounds of new evidence or proof of changed conditions relating to all of the reasons noted for the denial found to be valid by the planning commission. A resubmitted application shall be considered a new application.

(Ord. No. 01-20, § 18.125, 2-10-20)

The following provisions apply when there is an amendment or proposed expansion to approved special land uses or when there is a proposed change from one (1) special land use to another.

(a)

Amendments. Any person or agency who has been granted a special land use approval shall notify the planning commission of any proposed amendment to the approved site plan of the approved special land use. The planning commission shall determine whether the proposed amendment requires new special land use approval. New special land use approval may be required when such application or causes external impacts such as additional traffic, hours of operation, noise, additional outdoor storage, or display.

(b)

Expansions. The expansion, change in activity, reuse or redevelopment of any use requiring a special land use permit shall require resubmittal in the manner described in this article. A separate special land use approval shall be required for each use requiring special use review on a lot, or for any expansions of a special land use, which has not previously received a special land use approval.

(c)

Change in use. The applicant shall be responsible for informing the planning commission of any significant change in an approved use, operations, or activities prior to any such change. The zoning administrator shall determine if a new special land use approval is required. A significant change shall mean any departure from the operation or use described in the approved application or any change that may cause external impacts such as additional traffic, hours of operation, noise, additional outdoor storage or display.

(Ord. No. 01-20, § 18.126, 2-10-20)

The building official or designee may make periodic investigations of developments authorized by special land use approval to determine continued compliance with all requirements imposed by the planning commission and this chapter. Non-compliance with the requirements and conditions approved for the special land use may constitute grounds to terminate said approval following a public hearing.

(Ord. No. 01-20, § 18.127, 2-10-20)

The revocation of a special land use may occur if its recipient fails to continuously abide by its terms and conditions. The revocation procedure is as follows:

(a)

The planning commission shall notify the recipient, in writing, of any violations of township ordinances and provisions of the special land use.

(b)

The recipient shall have thirty (30) days to correct any deficiencies to the satisfaction of the planning commission.

(c)

If after thirty (30) days any deficiencies remain, the planning commission may then, after a public hearing, revoke the special land use, or if the conditions warrant, allow additional time for compliance.

(d)

A repeat violation may cause immediate revocation of the special use approval.

(Ord. No. 01-20, § 18.128, 2-10-20)