(a)

Special land uses are those uses of land which are not essentially incompatible with the uses permitted in a zoning district, but which possess characteristics or locational qualities which require individual review and restriction in order to avoid incompatibility with the natural environment of the site, the character of the surrounding area, public services and facilities, and adjacent uses of land. The purpose of this article is to establish equitable procedures and criteria which shall be applied in the determination of requests to establish special land uses. The standards for approval and requirements provided for under the provisions of this article shall be in addition to those required elsewhere in this chapter which are applicable to the special land use under consideration.

(b)

This article requires the township board to issue special land use permits, provided that:

(1)

The proposed use is one listed as a special land use for that district in which the use is proposed to be located; and

(2)

The township board ensures, before approving a special land use permit request, that both:

a.

The standards of the district in which the special land use is to be located are fulfilled; and

b.

The standards or other requirements of this article are fully complied with.

(Ord. No. 90, § 25.01, 12-24-2016)

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

(1)

Application. Any person owning or having a legal interest in the subject property may file an application for one or more special land use permits provided for in this chapter in the zoning district in which the land is situated.

(2)

Need determination by zoning administrator. When the zoning administrator receives an application for a building permit which requires a township board special land use permit, or other approval, he shall so inform the applicant.

(3)

Application filing with clerk. Applications for special land use permits shall be submitted to the township clerk addressed to the township board. Each application shall be accompanied by the payment of a fee in accordance with the schedule of fees adopted by the township board to cover the costs of processing the application.

(4)

Application contents. Three copies of an application for a special land use permit shall be presented to the township clerk and accompanied by, but not limited to, the following documents and information:

a.

A special land use permit application form, supplied by the township clerk, which has been completed in full by the applicant.

b.

A site plan in conformance with article XII of this chapter.

c.

A statement and other evidence or proof by the applicant of present and future compliance with the standards required for approval in section 40-703 and other standards imposed by this chapter affecting the special land use under consideration.

(5)

Incomplete application. An application which is incomplete or otherwise not in compliance with this article shall not be accepted and be returned to the applicant. No application shall be processed until properly prepared and submitted and all required fees paid in full.

(6)

Planning commission review. The township clerk shall forward a copy of the application for the special land use request to the township planning commission within seven days of receiving the request. The planning commission shall review the application in compliance with section 40-703 and shall refer comments and recommendations to the township board for consideration. All comments or recommendations shall be advisory and be submitted in writing to the township board.

(7)

Public hearing and notice requirements. After a preliminary review of the site plan and an application for a special land use permit, the township planning commission shall hold a hearing on the site plan and special land use request. Notice of the hearing shall be given in accordance with applicable statutory requirements. The public hearing and notice requirements are the following:

a.

Describe the nature of the special land use request;

b.

Indicate the property, which is the subject of the special land use request;

c.

State when, where, and at what time the public hearing on the special land use request will be considered; and

d.

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

(8)

Township board review and approval/denial. The review of an application and site plan requesting a special land use permit shall be made by the township board in accordance with the procedures and standards specified in section 40-703. If a submitted application and site plan do not meet the requirements of this article, they may not be approved. However, if the applicant agrees to make changes to the site plan and application in order to bring them into compliance with this article, such changes shall be allowed and shall be either noted on the application or site plan itself, or attached to it, or these documents shall be resubmitted incorporating the changes. A site plan and application for a special land use permit shall be approved by the township board if they comply in all respects with the requirements of this article and other applicable county, state, or federal laws, rules, or regulations. Approval and issuance of a special land use permit shall signify prior approval of the application and site plan therefore, where necessary to comply with this article. The site plan, as approved, and any statements of conditions and modifications shall become part of the special land use permit and shall be enforceable as such. The decision to approve or deny a request for a special land use permit shall be retained as a part of the record of action on the request and shall incorporate a statement of conclusions which specify the basis for the decision, any changes to the originally submitted applications and site plan necessary to ensure compliance with this article, and any conditions imposed with approval. Once a special land use permit is issued, all site development and use of land on the property affected shall be consistent with the approved special land use permit, unless a change conforming to article requirements receives the mutual agreement of the landowner and the township board and is documented as such.

(9)

Issuance of a special land use permit by zoning administrator. Upon approval by the township board, the zoning administrator shall issue a special land use permit to the applicant. It shall be the responsibility of the zoning administrator to monitor compliance with the terms, conditions, and restrictions of any special land use permit and take any enforcement action necessary in the event of a violation of the special land use permit.

(Ord. No. 90, § 25.02, 12-24-2016)

Prior to approval of a special land use application and required site plan, the township board shall ensure that the standards specified in this section, as well as applicable standards established elsewhere in this article, shall be satisfied by the completion and operation of the special land use under consideration.

(1)

General standards. The township planning commission shall review the particular circumstances of the special land use request under consideration in terms of the following standards, and shall recommend for approval by the township board a special land use request only upon a finding of compliance with each of the following standards, as well as applicable standards established elsewhere in this article that the special land use shall:

a.

Be designed, constructed, operated, and maintained in a manner reasonably harmonious with the character of adjacent property and the surrounding area;

b.

Not inappropriately change the essential character of the surrounding area;

c.

Not unreasonably interfere with the general enjoyment of adjacent property;

d.

Not be hazardous to adjacent property, or involve uses, activities, materials, or equipment which will be detrimental to health, safety, or welfare of persons or property through the excessive production of traffic, noise, smoke, odor, fumes, light, or glare;

e.

Be adequately served by essential public facilities and services, or it shall be demonstrated that the person responsible for the proposed special land use shall be able to continually provide adequately for the services and facilities deemed essential to the special land use under consideration;

f.

Not place demands on public services and facilities in excess of available capacity; and

g.

Be consistent with the intent and purpose of this chapter and the objectives of any currently adopted master plan.

(2)

Township board may add conditions to approval. The township board may impose reasonable conditions with the approval of a special land use application and site plan which are necessary to ensure compliance with the standards for approval stated in this section and any other applicable township ordinances and regulations. Such conditions shall be considered an integral part of the special land use permit and approved site plan and shall be enforced by the zoning administrator. 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.

(3)

Performance guarantee. In authorizing a special land use permit, the township board may require that a cash deposit, certified check, or irrevocable bank letter of credit, or other type of performance bond in such form as approved by the township attorney be furnished by the applicant to ensure compliance with an approved site plan and the special land use permit requirements. Such guarantee shall be deposited with the township clerk at the time of the issuance of the special land use permit. In fixing the amount of such performance guarantee, the township board shall limit it to reasonable improvements required to meet the standards of this chapter and to protect the natural resources or the health, safety, and welfare of the residents of the township and future users or inhabitants of the proposed project or project area, including, but not limited to, roadways, lighting, utilities, sidewalks, screening, and drainage. The term "improvements" does not include the entire project which is the subject of zoning approval, or the improvements for which a performance guarantee has been deposited pursuant to the Land Division Act, MCL 560.101 et seq. The township board and the applicant shall establish an agreeable procedure for the rebate of any cash deposits required under this section, in reasonable proportion to the ratio of the work completed on the required improvements as work progresses. The agreement shall be written as an element of the conditions surrounding the approval of the special land use permit.

(Ord. No. 90, § 25.03, 12-24-2016)

The special land use permit shall become effective when the application has been approved by the township board.

(1)

A building permit shall not be issued until approval of such special land use permit by the township board.

(2)

Until a building permit has been granted pursuant to the special land use permit, there shall be no construction or excavation of the land, nor shall use of the land be made toward the intended purposes of such special land use permit.

(3)

Land subject to a special land use permit may not be used or occupied for purposes of such special land use until after a certificate of occupancy for same has been issued pursuant to the provisions of this article.

(Ord. No. 90, § 25.04, 12-24-2016)

(a)

Approval of a special land use permit shall be valid regardless of change of ownership, provided that all terms and conditions of the permit are met by any subsequent owner.

(b)

In instances where development authorized by a special land use permit has not commenced within one year from the date of issuance or the last date of review authorized by this subsection, the township board shall review the permit in relation to the applicable standards and requirements of this article. Upon a finding that there has been a change in conditions on the property or to the surrounding area or in provisions of this article applicable to the special land use permit under review, such that the permit is no longer in conformance with the requirements of this article, the permit shall become null and void. Where it is determined that such permits are in conformance with the provisions of this article and there has not been a change in conditions affecting the validity of the permit, the special land use permit shall remain valid, subject to periodic review in accordance with the provisions of this subsection.

(Ord. No. 90, § 25.05, 12-24-2016)

It shall be the duty and obligation of the owners and occupants or operators of land and uses subject to a special land use permit and approved site plan therefor, that the continued use of such land shall at all times be in compliance with the use requirements of this article. Failure thereof shall be a violation of this article and subject the violators to the penalties and remedies provided in this article, and the continuance thereof is declared to be a nuisance per se.

(Ord. No. 90, § 25.06, 12-24-2016)

Any use for which a special land use permit has been granted shall be deemed a conforming use permitted in the district in which such use is located, provided that:

(1)

Such permit was issued in conformity with the provisions of this article;

(2)

Such permit shall be deemed to affect only the lot or portion thereof and uses thereupon for which the special land use permit shall have been explicitly granted; and

(3)

Such permit authorizes a use which is subsequently built, operated, and maintained in compliance with this article, the special land use permit, and all conditions established with its approval.

(Ord. No. 90, § 25.07, 12-24-2016)

The foregoing general requirements are basic and apply to all special land uses. Specific requirements listed in the schedule of district regulations or elsewhere in this chapter relating to particular special land uses are in addition to and shall be required in all applicable situations.

(Ord. No. 90, § 25.08, 12-24-2016)