Special uses are those uses of land which are not essentially incompatible with the uses permitted in a zoning district, but has characteristics or locational qualities which require individual review and discretion in order to avoid incompatibility with the character of the surrounding area, public services and facilities, and adjacent uses of land. The purpose of this chapter is to establish equitable procedures and criteria which shall be applied in the determination of request to establish special uses. The criteria for decision and requirements provided for under the provision of the chapter shall be in addition to those required elsewhere in this Ordinance which are applicable to the special use under consideration.

(Ord. No. 316, 5-19-2008)

An application for permission to establish a special use shall be submitted and acted upon in accordance with the following procedures:

1.

Application. Applications for a special use are requested to be submitted twenty (20) days prior to the next scheduled Village Council meeting through the Zoning Administrator who will review the application for completeness, then transmit the application to the Village Council. Each application shall be accompanied by the payment of a fee in accordance with the schedule of fees adopted by the Village Council to cover the costs of processing the application. No part of this fee shall be refundable.

2.

Required Information. An application for a Special Use Permit shall be accompanied by the following documents and information:

A.

An application form, supplied by the Zoning Administrator, which has been completed in full by applicant.

B.

A site plan, as specified in Article XXI.

3.

Public Hearings. Upon receipt of an application for a special land use which requires a decision of the Village Council, a notice that a request for special land use approval has been received and that a public hearing will be held with notice provided pursuant to Article XXIV, Section 24.02, subparagraph 3.

4.

Village Council Review and Approval. Within thirty (30) days following the public hearing, the Village Council shall review the application for a special use, comments received at the public hearing, the site plan, and other materials submitted in relation to the application, and deny application, approve the application, or approve the application with conditions. The decision on a special land use shall be incorporated in a statement of conclusions relative to the special land use under consideration. The decision shall specify the basis for the decision, and any conditions imposed. The decision of the Village Council on the special use application shall be made in accordance with the criteria for approval stated in Article XIX, Section 19.03 with conditions by the Village Council the applicant may apply for a building permit.

(Ord. No. 316, 5-19-2008)

Prior to approval of a special use application, the Village Council shall insure that standards specified in this Article, as well as applicable standards established elsewhere in this ordinance, shall be satisfied by the completion and operation of the special use under consideration.

1.

General Standards. The Village Council shall review the particular circumstances of the special use application under consideration in terms of the special use standards, and shall approve a special use only upon a finding in compliance with each of the following standards, as well as applicable standards established elsewhere in this ordinance.

A.

The special use shall be designed, constructed, operated and maintained in a manner harmonious with the character of adjacent property and the surrounding area.

B.

The special use shall not change the essential use of the surrounding area.

C.

The special use shall not be hazardous to adjacent property, or involve uses, activities, materials, or equipment which will be detrimental to the health, safety or welfare or persons or property through the excessive production of traffic, noise, smoke, fumes or glare.

D.

The special use shall not place demands on public services and facilities in excess of current capacity.

E.

The special use is in compliance with the Village of Berrien Springs Master Plan.

2.

Conditions. The Village Council may require reasonable conditions in conjunction with approval of a special land use. 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 insure the compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desired manner. Conditions imposed shall do all 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 related to the valid exercise of the police power and purposes which are affected by the purposed use or activity.

C.

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

D.

The conditions imposed with respect to the approval of a land use or activity shall be recorded in the public record of the approval action and remain unchanged except upon the mutual consent of the Village Council and the landowners.

3.

Termination. If any special use is not put into effect within six (6) months of the date of approval by the Village Council is discontinued through vacancy of the premises, lack of operation or otherwise for a continuous period of six (6) months, then the special use shall lapse and be null and void. Future use of said property shall conform in its entirety to the provisions of this Ordinance; however, the Village Council for good cause, may grant an extension for time to comply or to continue the special use if, in its judgement, such extension is necessary in order to avoid injustice or undue hardship to the owners of the property.

(Ord. No. 316, 5-19-2008)