Charlevoix City Zoning Code
SPECIAL LAND
USE REVIEW
§ 153.250 INTENT.
Special uses are uses of land specifically permitted within a zoning district only by the approval of the Planning Commission, following a review of the use and its potential impact on its surroundings. Special uses are generally consistent with the purpose of the zoning district in which they are permitted but, due to unique operational characteristics, may not be desirable or compatible in all locations within the district. Factors such as traffic, hours of operation, noise, odor or similar potential nuisance effects require that the special use be evaluated relative to its appropriateness on a case-by-case basis. This article establishes the review procedure for special uses and the general standards that must be met for all special uses. In addition, more specific standards and requirements, as found in §§ 153.140 through 153.159 of this chapter, are established for certain individual uses to mitigate their potential negative impacts.
(Prior Code, § 5.130)
§ 153.251 PROCEDURES.
The following application and review procedures shall be followed for all special uses.
(A) Application for a special land use permit shall be made to the Zoning Administrator and shall include the following:
(2) A completed application form; and
(3) Payment of an application fee in an amount as established from time to time by resolution of the City Council.
(B) Upon receipt of an application for a special land use permit, the Zoning Administrator shall cause notice to be given of a public hearing, in accordance with the Michigan Zoning Enabling Act, as follows.
(1) The notice of public hearing 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 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. If the name of the occupant is not known, the term “occupant” may be used in making notification.
(2) The required notices shall be given not less than 15 days before the application will be considered.
(3) The notice shall:
(a) Describe the nature of the special use request;
(b) Indicate the property which is the subject of the request;
(c) State when and where the request will be considered; and
(d) Indicate when and where written comments will be received concerning the request
(C) Following notice, the Planning Commission shall hold a public hearing on the special land use application.
(D) The Planning Commission may approve, approve with conditions or deny the special land use request based upon review and consideration of materials submitted with the application, comments received at the public hearing and the applicable standards of § 153.253 of this chapter.
(E) The Planning Commission may request that any information submitted be reviewed by the city staff or consultants, with that cost of consultant review to be borne by the applicant.
(Prior Code, § 5.131)
§ 153.252 CONDITIONS OF APPROVAL.
Reasonable conditions may be imposed on the approval of a special land use in order to achieve the following:
(A) Ensure that public services and facilities affected by the proposed land use and site plan will not be adversely affected;
(B) Ensure that the use is compatible with adjacent land uses and activities;
(C) Protect natural resources, the health, safety, welfare and 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;
(D) Ensure compatibility between the proposed use or activity and the rights of the city perform its governmental functions;
(E) Meet the intent and purpose of this chapter, be related to the standards established in the ordinance for the land use or activity under consideration and be necessary to ensure compliance with those standards; and
(F) Ensure compatibility with other uses of land in the vicinity.
(Prior Code, § 5.132)
§ 153.253 REVIEW STANDARDS.
(A) The use is designed and constructed, and will be operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity; will be compatible with adjacent uses of land; and will not change the essential character of the area in which it is proposed;
(B) The use is, or as a result of the special land use approval, will be served adequately by public services and facilities, including, but not limited to, streets, police and fire protection, drainage structures, refuse disposal, water and sewer facilities and schools;
(C) The use will not involve activities, processes, materials and equipment or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of traffic, noise, smoke, fumes, glare or odors;
(D) The use will be compatible with the natural environment and will be designed to encourage conservation of natural resources and energy;
(E) The site plan proposed for the use demonstrates compliance with the special land use specific design standards and all other applicable requirements of this chapter; and
(F) The special land use will be consistent with the intent and purposes of this chapter and the most recent updates to the Master Plan.
(Prior Code, § 5.133)
§ 153.254 EXPIRATION OF PERMIT.
(A) A special land use permit shall expire one year after it is granted, unless construction is complete or commencement of the use has substantially begun. The Planning Commission may, upon written request by the applicant, extend the term of the special land use by one additional period of up to 12 months upon a finding that there have been no changed conditions in the area which would require reconsideration of the special land use application or site plan.
(B) A request for an extension of the initial permit period shall be submitted in writing prior to the expiration of the special land use permit.
(Prior Code, § 5.134)
§ 153.255 REVOCATION OF AN APPROVED SPECIAL LAND USE.
(A) If a violation of any of the conditions or standards imposed on a special land use is found to exist, the Zoning Administrator shall notify the owner of the premises and the approving body that a violation exists and that the permit will be revoked within 15 days of notification. If the violation is not corrected within 15 days, the approving body shall revoke the permit.
(B) Furthermore, the violation is hereby declared to be a violation of this chapter, subject to all of the remedies and penalties provided for in this chapter.
(Prior Code, § 5.135)
§ 153.256 APPEALS.
The Zoning Board of Appeals shall have no jurisdiction or authority to accept, or consider an appeal from, any special land use determination or decision, or any part thereof, nor shall the zoning board of appeals have authority to grant variances for, or with respect to, a special land use.
(Prior Code, § 5.136)
§ 153.257 RESTRICTIONS ON RESUBMITTAL OF A SPECIAL LAND USE REQUEST.
A petition for special land use approval which has been denied, wholly or in part, shall not be resubmitted for a period of one year from the date of denial, except on grounds of newly discovered evidence or proof of changed conditions found to be sufficient to justify reconsideration by the Planning Commission.
(Prior Code, § 5.137)