(A)

Intent. The site plan review procedures and standards set forth herein provide a consistent and uniform method for review of proposed development plans, to ensure full compliance with the standards contained in this ordinance, other applicable local ordinances, standard engineering practices, and county, state, and Federal rules, and laws. The procedures set forth herein are further intended to:

(1)

Achieve efficient use of the land;

(2)

Provide a mechanism for review of new development and redevelopment or reuse of existing sites to ensure compliance with current standards;

(3)

Minimize adverse impacts on adjoining or nearby properties;

(4)

Protect natural resources; and,

(5)

Encourage cooperation and consultation between the city and the applicant to facilitate development in accordance with the city's land use objectives.

(B)

Site plan review applicability and type. A building permit shall not be issued until a site plan is approved in accordance with the procedures and standards set forth herein, compliance with the land division, subdivision and other city ordinances and all necessary review, inspection, and permit fees have been fully paid. The extent of site plan review for various types of projects is classified into three types below.

(1)

Exempt: Select projects are exempt from site plan review given their relatively low level of impact on adjacent land uses, and given that compliance with applicable building and fire codes and zoning regulations can be addressed during the building permit review process. Projects include new or expanded one-family homes on individual lots in a residential zoning district and utility improvements.

(2)

Administrative review: Select smaller scale projects and expansions or changes in use to existing sites, which are required to provide a site plan, do not require review by the planning commission; but instead shall undergo a formal review for approval by the city building department. Projects include:

(a)

Minor non-structural changes to an approved site plan;

(b)

Increase in parking or loading area up to ten percent of existing area;

(c)

Change in building height that does not add floor area;

(d)

Building additions to non-one-family uses that do not affect parking and meet all ordinance requirements.

(e)

Accessory buildings and structures for non-one-family uses;

(f)

Architectural design changes to non-residential uses;

(g)

Sidewalks or pathways;

(h)

Fences for non-one-family uses;

(i)

Modifications to multiple-family dwellings to comply with ADA or other barrier-free regulations;

(j)

Sign relocation or replacement;

(k)

Site improvements meeting ordinance standards; and,

(l)

Waste receptacle relocation or installation of screening around receptacle.

(3)

Full site plan: The most involved process for larger and more intense residential and all non-residential projects not included in the other classifications.

(4)

Planned development: Site plans for planned developments shall follow the procedure as provided in Article V, PD Planned Development District. Plats for subdivisions shall follow the procedures of the City Subdivision Regulations Ordinance Chapter 66 and the Michigan Land Division Act. Site condominiums shall be required to meet the same design standards as subdivision plats, in accordance with the City Zoning Ordinance, Subdivision and Land Division Regulations Ordinances and all other applicable city regulations.

(C)

Planning commission site plan review procedures and requirements. Site plans must be submitted in accordance with the following procedures and requirements. Plans are reviewed and approved following a process of preliminary site plan review by the planning commission and final site plan review by the building department.

(1)

Applicant attendance: The application shall be submitted by the owner of an interest in the land for which site plan approval is sought, or the designated agent of said owner. The application shall contain current written proof of ownership or current ownership option in the property. The applicant or a designated representative must be present at all scheduled review meetings or consideration of the plan shall be tabled due to lack of representation. Absence at two consecutive meetings without prior notice to the city manager shall result in denial of the application. The city manager may recommend to the planning commission chairperson that the applicant's architect and/or engineer be present at the meeting in order to address technical matters related to the application.

(2)

Pre-planning meeting: The applicant is encouraged to schedule a meeting with the city manager and building official to discuss the project, submittal requirements and review procedures. The purpose of this meeting is to discuss applicable standards and technical issues, and to determine the appropriate type of review process. If the project is determined to be eligible for administrative approval, the procedures of subsection (D) shall be followed; in other cases, the process shall proceed as described below.

(3)

Preliminary site plan submittal: The applicant shall submit 15 copies of the following items to the city building department at least four weeks prior to the planning commission meeting that the site plan is tentatively scheduled for:

(a)

A complete application form supplied by the city.

(b)

A complete site plan that includes the information listed in subsection (E).

(c)

Any additional information the planning commission finds necessary to make the determinations required herein.

(4)

Technical (staff) review: The city manager or building department shall forward the application and site plan(s) to the city's planning and engineering consultants, public safety officials and the department of public works. All reviews shall be submitted back to the city manager or building department.

(5)

Planning commission consideration of preliminary site plan: Following technical review and comment, and compliance with administrative procedures, the site plan shall be placed on the agenda of the planning commission. The planning commission shall review the application for site plan approval, together with the reports and recommendations from staff, consultants and other reviewing agencies, as appropriate. The planning commission shall then make a determination based on the requirements and standards of this ordinance. The planning commission is authorized to postpone, grant approval, approve subject to revisions or deny as follows:

(a)

Postpone: The application may be postponed if it is determined to be incomplete, the applicant has not fully responded to deficiencies identified in the technical review, an ordinance interpretation is needed from the zoning board of appeals, or that revisions are necessary to bring the site plan into compliance with applicable standards and regulations. The planning commission shall direct the applicant to prepare additional information, revise the site plan or direct the city staff to conduct additional analysis. The applicant shall be required to prepare revised plans accompanied by a complete list of all changes, certified as such by the applicant's design professional. Full sets of plans must be resubmitted. Amended plans or other material which show a diligent effort to address all reasons for tabling shall be placed on the agenda of the planning commission for further review and action.

(b)

Approval: Upon determination that all requirements for site plan approval, as set forth herein, are met and a recommendation has been forwarded to the planning commission by all reviewing agencies of the city, approval shall be granted subject to the applicant providing copies of all required outside agency approvals. In those instances where approval authority is vested with the city council, a recommendation shall be made by the planning commission to the city council.

(c)

Approval subject to revisions: Upon determination that a site plan is in compliance except for minor revisions, said revisions shall be identified and the applicant shall be given the opportunity to correct the site plan prior to applying for final site plan approval. The applicant shall submit with the final site plan a complete list of all changes, certified by the applicant's design professional, to the city building department for final approval after said revisions have been completed. At its discretion, the planning commission may require the right to review the revised final site plan.

(d)

Denial of approval: Upon determination that a site plan does not comply with standards and regulations set forth in this ordinance, requires extensive revision in order to comply with said standards and regulations, or the applicant has not satisfactorily addressed all reasons for site plan tabling, site plan approval shall be denied. The applicant must revise the plans and resubmit if the applicant is still interested in pursuing the project. A re-submittal shall be considered a new site plan and be required to re-initiate the full site plan review process. Any person aggrieved by the decision of the planning commission in denial of a site plan shall have the right to appeal the decision to the zoning board of appeals. A site plan, by request of the applicant, needs an official denial by the planning commission in order to gain access to the zoning board of appeals.

(6)

Effect of preliminary site plan review action: Any preliminary site plan approved under this provision shall expire after one year from the date of such approval. If construction has not commenced within one year of site plan approval by the planning commission or the city building department (as applicable), approval becomes null and void and a new application for site plan review shall be required. The applicant may request a one year extension by the planning commission, provided a written request is received before the expiration date and the site plan complies with current standards (i.e. any amendments to the zoning ordinance since the site plan was approved). This limitation shall not apply to preliminary PD site plans accompanying approved PD rezoning.

(7)

Final site plans (detailed construction, landscape and engineering plans): Except where otherwise set forth in this ordinance, final site plan approval may be given administratively when all conditions set forth herein for final site plans are complied with except the planning commission may, at the time of preliminary site plan approval, require final site plan approval by the commission as well. The city building department shall grant final site plan approval where the following requirements are met:

(a)

All local, county and state requirements as may apply to the proposed use are met. The applicant shall be required to obtain all other necessary agency permits from the Michigan Department of Environmental Quality, the Macomb County Road Commission, Drain Commission and Health Department, and all applicable utility companies. Copies of applications and approvals from all applicable outside agencies shall accompany submission of the application and final site plan to the city.

(b)

All applicable engineering requirements are met. Complete engineering plans shall be submitted to the city engineer for approval.

(c)

The design shown on the final site plan shall remain unchanged from the approved preliminary site plan. Upon determination that the final site plan does not comply with the conditions of preliminary site plan approval or that required engineering plan revisions alter the site plan configuration approved by the planning commission, the applicant shall be required to revise the site plan and engineering plans and resubmit the site plan to the body that approved the site plan for review and approval as an amended site plan.

(8)

Final site plan approval, except as specifically permitted in subsections (a) and (b) below, shall not be given until all the above requirements are met. No work shall commence on any site, except as specifically permitted herein, or any buildings requiring site plan approval and no permits shall be issued until after final site plan approval is granted.

(a)

Upon request, the city may permit, when justifiable conditions are found to exist, and after preliminary site plan approval has been given, the movement of soil on the site, prior to final site plan approval, provided:

(i)

A grading and soil erosion and sedimentation control plan, drawn to local specifications and when necessary to county specifications, has been reviewed and approved.

(ii)

A soil erosion permit, when required, has been secured.

(b)

Upon request, the city may permit, when justifiable conditions are found to exist, and after preliminary site plan approval has been given, the layout of footings and the construction of foundation walls prior to final site plan approval, provided:

(i)

A grading and soil erosion and sedimentation control plan, drawn to local specifications and when necessary to county specifications, has been reviewed and approved.

(ii)

A soil erosion permit, when required, has been secured.

(iii)

Detailed engineering plans for all above ground and below ground utilities have been submitted for review and approval.

(iv)

Footing and foundation design plans have been approved by all applicable state, county, local departments and consultants.

(9)

Completion of site design in accordance with approved site plan

(a)

Following approval of the site plan and final approval of the engineering plans by the city engineer and the building department, a building permit may be obtained. It shall be the responsibility of the applicant to obtain all other applicable city, utility, county, or state permits prior to issuance of a building permit.

(b)

The approval of any site plan under this provision, other than subdivisions (subdivisions shall follow the procedures of the Land Division and Subdivision Acts), shall expire one year after the date of such approval, unless actual construction and development has commenced in accordance with the site plan. If construction and development is commenced within the one year period, then the approval shall continue for a period of three years from the approval date. However, a lapse of more than one year in continuous substantial construction and development shall cause the approval to expire. The city building official shall not issue a building permit for any type of construction on the basis of the approved site plan after the approval has expired unless the plan has received an extension from the planning commission or city council. Fees for review of an expired site plan may be waived or reduced in those instances where no substantial change in conditions of the site plan nor of abutting uses has taken place. In those instances where substantial conditions have changed, the fee for review of an expired site plans shall be the same as for the initial submittal.

(c)

It shall be the responsibility of the owner of a property for which site plan approval has been granted to maintain the property in accordance with the approved site design on a continuing basis until the property is razed, or until new zoning regulations supersede the regulations upon which site approval was based, or until a new site design approval is sought. Such maintenance shall include all building and site elements depicted on the site plan including parking configuration, lighting and landscaping. Any property owner who fails to maintain a site as approved shall be deemed in violation of the applicable use provisions of this ordinance and shall be subject to penalties.

(d)

A development agreement with suitable guarantee and performance bond may be required by the city to assure compliance with an approved final site plan.

(D)

Administrative plan review. For uses and projects eligible for administrative review, as identified in Section 1000, the following procedure shall apply:

(1)

Submittal requirements: Five copies of the site plan that contains the information listed in subsection (E) shall be submitted to the city building department.

(2)

Review: The city building department shall review and either approve the site plan, approve the site plan with a condition that certain revisions be made, or deny the site plan.

(3)

Appeal: Either the city building department or applicant shall have the option to request site plan review by the planning commission.

(4)

Issuance of building permit: A building permit shall be issued following review and approval of any engineering or construction plans by the building department and city engineer, as appropriate.

(E)

Submittal requirements. The following information shall be included with and as part of a site plan submitted for review. The planning commission shall not review applications considered to be incomplete by the city building department.

(1)

Application form including written proof of property ownership or option to purchase (with specified time limit) and signed authorization designating a representative.

(2)

Site plan description and identification data:

(a)

Site plans shall consist of an overall plan for the entire development, drawn to an engineer's scale of not less than 1 inch = 50 feet for property less than 3 acres, or 1 inch = 100 feet for property three acres or more in size. Sheet size shall be at least 24 x 36 inches. If a large development is shown in sections on multiple sheets, then one overall composite sheet shall be included.

(b)

Written project description, including proposed use, building(s) and site improvements;

(c)

Title block with sheet number/title; name, address and telephone number of the applicant and firm or individual who prepared the plans; and date(s) of submission and any revisions (month, day, year);

(d)

Scale and north-point;

(e)

Location map drawn to a separate scale with north-point, showing surrounding land, water features, zoning and streets within a quarter mile;

(f)

Local and common description of property;

(g)

Identification and seal of architect, engineer, land surveyor, or

(h)

Landscape architect who prepared drawings;

(i)

Zoning classification of petitioner's parcel and all abutting parcels;

(j)

Proximity to section corner and major thoroughfares; and,

(k)

Net acreage (minus rights-of-way) and total acreage.

(3)

Site analysis:

(a)

Survey of existing lot lines, building lines, structures, parking areas and other improvements on the site and within 100 feet of the site;

(b)

Surrounding land uses and zoning;

(c)

All existing easements;

(d)

Existing roadways and driveways within 100 feet of the site;

(e)

Existing sidewalks and non-motorized pathways;

(4)

Site plan:

(a)

Proposed lot lines, lot dimensions, property lines and setback dimensions;

(b)

Structures, and other improvements;

(c)

Proposed easements;

(d)

Location of exterior lighting (site and building lighting) in accordance with site lighting standards;

(e)

Location of trash receptacle(s) and transformer pad(s) and method of screening;

(f)

Extent of any outdoor sales or display area;

(5)

Access and circulation:

(a)

Dimensions, curve radii and centerlines of existing and proposed access points, roads and road rights-of-way or access easements;

(b)

Opposing driveways and intersections within 100 feet of site;

(c)

Cross section details of proposed roads, driveways, parking lots, sidewalks and non-motorized paths illustrating materials and thickness;

(d)

Dimensions of acceleration, deceleration, and passing lanes;

(e)

Dimensions of parking spaces, islands, circulation aisles and loading zones;

(f)

Dimensions and details of wall and sidewalk protection;

(g)

Calculations for required number of parking and loading spaces;

(h)

Designation of fire lanes;

(i)

Traffic regulatory signs and pavement markings;

(j)

Location of existing and proposed sidewalks/pathways within the site or right-of-way;

(k)

Location, height, and outside dimensions of all storage areas and facilities.

(6)

Landscape plans:

(a)

Description of methods to preserve existing plant materials;

(b)

The location of existing and proposed lawns and landscaped areas;

(c)

Planting plan, including location and type of all proposed shrubs, trees, and other live plant material;

(d)

Planting list for proposed landscape materials with caliper size or height of material, method of installation, botanical and common names, and quantity;

(e)

Proposed dates of plant installation;

(f)

Landscape maintenance schedule; and,

(g)

A bond held in escrow may be required for up to three years to ensure landscape health and maintenance.

(7)

Building and structure details:

(a)

Location, height, and outside dimensions of all proposed buildings or structures;

(b)

Building floor plans and total floor area;

(c)

Details on accessory structures and any screening;

(d)

Location, size, height, and lighting of all proposed site and wall signs;

(e)

Location, size, height and material of construction for all obscuring walls, berms and fences with cross-sections, where required;

(f)

Building facade elevations for all sides, drawn at an appropriate scale;

(g)

Description of exterior building materials and colors (samples may be required).

(8)

Drainage, soil erosion, sedimentation control and utilities:

(a)

Location and size of existing and proposed storm sewers;

(b)

Soil erosion and sedimentation control measures;

(c)

Location of existing and proposed sanitary sewers;

(d)

Location and size of existing and proposed water mains, well sites, water service and fire hydrants;

(e)

Location of existing and proposed gas, electric and telephone lines, above and below ground;

(f)

Location of transformers and utility boxes; and,

(g)

Assessment of potential impacts from the use, storage, processing, or movement of hazardous materials or chemicals, if applicable.

(9)

Lighting plan:

(a)

Location and height of all freestanding, building-mounted and canopy light fixtures on the site plan and building elevations;

(b)

Photometric grid overlaid on the proposed site plan indicating the overall light intensity throughout the site (in foot-candles);

(c)

Specifications and details for the type of fixture being proposed including the total lumen output, type of lamp and method of shielding; and,

(d)

Use of the fixture proposed.

(10)

Additional information required for all development as determined by the city building department, planning commission and other applicable city ordinances.

(F)

Standards for site plan approval. Site plan approval shall be granted only if the site plan meets all applicable standards set forth in this ordinance as outlined below:

(1)

Adequacy of information: The site plan shall include all required information in sufficiently complete and understandable form to provide an accurate description of the proposed use(s) and structure(s). All sheets must be consistent. The planning commission has the right to waive any of the submittal requirements if not applicable to the proposed project.

(2)

Site design characteristics: All elements of the site design shall be harmoniously and efficiently organized in relation to the size and type of lot, the character of adjoining property, and the type and size of buildings. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted by this ordinance. The site shall be designed to conform to all provisions of the zoning ordinance. Redevelopment of existing sites shall be brought into conformance with all site improvement provisions of the zoning ordinance which are relative to and proportionate to the extent of redevelopment, as determined by the planning commission.

(3)

Buildings: Buildings and structures will meet or exceed setback standards, height and other dimensional standards, and be placed to preserve environmentally sensitive areas. Redevelopment of existing structures shall meet or exceed all standards for which a variance has not been obtained.

(4)

Architecture: All proposed development subject to site plan approval shall utilize quality architecture to ensure that buildings are compatible with surrounding uses, protects the investment of adjacent landowners, blends harmoniously into the streetscape, and maintains a positive image for the city.

(a)

Building and sign materials and colors shall relate well and be harmonious with the surrounding area. Subtle earth tone colors shall be used for building and roofing material. The planning commission or city council may require a color rendering.

(b)

Buildings shall possess architectural variety, but enhance the overall cohesive community character. Buildings shall consider the scale and proportion of existing structures in the area. Roof shape and materials shall be architecturally compatible with adjacent buildings and enhance the predominant streetscape.

(c)

Facades facing a public street or sidewalk shall include windows that equal 70 percent of the wall area measured between two feet and eight feet above grade. The bottom of any window may not be more than four feet above grade. Required window areas shall consist of clear glass windows, clear glass doors and clear glass panels, and may not be covered or blocked with the back of shelving units. Required window areas shall be either windows that allow views into retail space, working areas or lobbies, pedestrian entrances, or display windows set into the wall. Windows and doors above the first floor shall comprise between 30 percent and 70 percent of the total wall area of all upper floors. The number, shape, size, and spacing of the windows shall be compatible with the established rhythm of adjoining or nearby buildings in the downtown.

(d)

All rooftop HVAC and other mechanical equipment shall be screened.

(5)

Privacy: The site design shall provide reasonable visual and sound privacy for dwelling units located therein and adjacent thereto. Fences, walks, barriers, buffers and plantings shall be used, as appropriate, for the protection and enhancement of property and the privacy of its occupants.

(6)

Emergency vehicle access: All buildings or groups of buildings shall be arranged so as to permit emergency vehicle access by some practicable means to all vehicles.

(7)

Ingress and egress: Safe, convenient, uncongested, and well-defined vehicular and pedestrian circulation within and to the site shall be provided. Drives, streets, parking and other elements shall be designed to discourage through-traffic, while promoting safe and efficient traffic operations within the site and at its access points. Access to the site shall be designed to minimize conflicts with traffic on adjacent streets.

(8)

Non-motorized circulation: The site plan shall provide a non-motorized circulation system that is insulated as completely as is reasonably possible from the vehicular circulation system.

(9)

Vehicular, pedestrian and bicycle circulation layout: The arrangement of public or common ways for vehicular and pedestrian circulation shall respect the pattern of existing or planned streets and pedestrian or bicycle pathways in the area. The width of streets and drives shall be appropriate for the volume of traffic they will carry, on-street parking, where appropriate and the desired character of the streetscape and neighborhood.

(10)

Soil erosion: The proposed development shall include measures to prevent soil erosion and sedimentation.

(11)

Exterior lighting: Exterior lighting shall be designed so that it is deflected away from adjacent properties and so that it does not impede the vision of drivers on public streets.

(12)

Public services: The scale and design of the proposed development shall facilitate acceptable and adequate provision of services currently furnished by or that may be required of the city or other public agencies including, but not limited to, fire and police protection, stormwater and sanitary sewage removal and treatment, water supply, traffic control and administrative services.

(13)

Hazardous materials: Sites which include storage of hazardous materials or waste, fuels, salt, or chemicals shall be designed to prevent spills and discharges of polluting materials to the surface of the ground, groundwater or nearby surface water bodies.

(14)

Consistency with the city master plan and any applicable subarea or corridor plans.

(G)

Special meetings. The city can schedule special meetings per an applicant's request and availability of planning commissioners, necessary staff and professional consultants. A fee will be paid by the applicant with the application.

(H)

Fee structure. The planning and zoning commission may, from time to time, recommend by formal motion adjustments in the fee schedule for the site plan review process to city council for formal adoption.

(Ord. of 10-12-18(1))

(A)

Application. In all cases the power to grant special land use approval is vested in the planning commission, in accordance with applicable provisions of this ordinance. All applications for special land use approval shall first be forwarded by the city clerk to the planning commission for review and recommendation. The application shall be submitted in the number of copies required and accompanied by the same number of site plans, all prepared and filed to meet the requirements of section 1515

The planning commission shall review the application after proper notice has been given as required by state law and approve the application with any suggested conditions the commission may find necessary, or deny the application with its reasons in writing. A public hearing shall be held as provided by state law; and the planning commission, after proper notice, shall hear any person wishing to express an opinion on the application. A decision shall be made within a reasonable time having regard for the complexity of the case.

(B)

Review. The planning commission shall review each case individually as to its applicability and must find affirmatively to each of the following standards of the proposed land use if it is to be approved.

(1)

Standards.

(a)

The proposed use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood and applicable regulations of the zoning district in which it is to be located.

(b)

The proposed 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 vehicular turning movements in relation to routes of traffic flow, proximity and relationship to intersections, adequacy of sight distances, location and access of off-street parking and provisions for pedestrian traffic, with particular attention to minimizing child-vehicle interfaces in residential districts.

(c)

The proposed use shall be designed as to the location, size, intensity, site layout and periods of operation of any such proposed use to eliminate any possible nuisance emanating therefrom which might be noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke, or lights.

(d)

The proposed use shall be such that the proposed location and height of buildings or structures and location, nature and height of walls, fences and landscaping will not interfere with or discourage land and buildings or unreasonably affect their value.

(e)

The proposed use shall relate harmoniously with the physical and economic aspects of adjacent land uses as regards prevailing shopping habits, convenience of access by prospective patrons, continuity of development, and need for particular services and facilities in specific areas of the city.

(f)

The proposed use is necessary for the public convenience at the proposed location.

(g)

The proposed use is so designed, located, planned and to be operated that the public health, safety, and welfare will be protected.

(h)

The proposed use shall not cause substantial injury to the value of other property in the neighborhood in which it is to be located and will not be detrimental to existing and/or other permitted land uses in the zoning district.

(C)

Approval. If the planning commission determines that the particular special land use(s) should be allowed, it shall endorse its approval thereof on the written application and the site plan and clearly set forth in writing thereon the particular use(s) which shall be allowed. Thereafter, the enforcing officer may issue a building permit in conformity with the particular special land use the site plan so approved. In all cases where a particular special land use has been granted as provided herein, application for a building permit in pursuance thereof must be made and received by the city not later than one year thereafter or such approval shall automatically be revoked; provided, however, the planning commission may grant an extension thereof for good cause shown under such terms and conditions and for such period of time not exceeding six months as it shall determine to be necessary and appropriate.

(D)

Denial. If the planning commission shall determine that the particular special land use(s) requested does not meet the standards of this ordinance or otherwise will tend to be injurious to the public health, safety, welfare or orderly development of the city, it shall deny the application by a written endorsement thereon which clearly sets forth the reason for such denial.

(E)

Record. The decision on a special land use shall be incorporated in a statement of conclusions relative to the special land under consideration. The decision shall specify the basis for the decision, and any conditions imposed.

(F)

Conditions. The planning commission may impose such conditions or limitations in granting approval as may be permitted by state law and this ordinance which it deems necessary to fulfill the spirit and purpose of the law. The conditions may include conditions necessary to ensure that public services and facilities affected by 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 all the following:

(1)

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.

(2)

Be related to the valid exercise of the police power and purpose which are affected by the proposed use or activity.

(3)

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

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 planning commission shall maintain a record of changes granted in conditions.

(G)

Notice. Upon receipt of an application for a special land use which requires a decision on discretionary grounds, one notice that request for special land use approval has been received shall be published in a newspaper of general circulation in the city and shall be sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet, except that the notice shall be given not less than five and not more than 15 days before the application will be considered. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure; except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure. The notice shall:

(1)

Describe the nature of the special land use request.

(2)

Indicate the property which is the subject of the special land use request.

(3)

State when and where the special land use request will be considered.

(4)

Indicate when and where written comments will be received concerning the request.

(5)

Indicate that a public hearing on the special land use request may be requested by a property owner or the occupant of a structure located within 300 feet of the boundary of the property being considered for a special use.

(6)

At the initiative of the planning commission, or upon the request of the applicant for special land use authorization, or a property owner or the occupant of structure located within 300 feet of the boundary of the property being considered for a special land use a public hearing with notification as required for a notice of a request for special land use approval as provided in subsection (B) shall be held before a decision on the special land use request which is based on discretionary grounds. If the applicant or the planning commission requests a public hearing, only notification of the public hearing need be made. A decision on a special land use request which is based on discretionary grounds shall not be made unless notification of the request for special land use approval, or notification of a public hearing on a special land use request is given as required by this section.

(Ord. of 10-12-18(1))