(1)

Prior uses permitted ("grandfather clause"). Where there exists within the districts established by this chapter and subsequent amendments, uses of land or structures that do not conform to the district uses and regulations, then such uses may be permitted to continue but will not be permitted to expand or enlarge either dimensionally or in intensity of operation.

(2)

Fifty percent reconstruction prohibited. Ordinary maintenance and repair will be permitted, but rebuilding, expansion or reconstruction of a structure that has been damaged, destroyed or deteriorated by any cause by 50 percent or more of its previous value is prohibited.

(3)

One hundred eighty-day discontinuance. If the nonconforming use of any land or structure is discontinued for any reason for a period of 180 days or longer, then, any further use of such land or structure shall be in conformance with the regulations applicable to the zoning district within which such structure and/or land is located.

(Ord. of 5-28-2002, § 8.01.00)

State Law reference— Similar provisions, MCL 125.583a.

(1)

Procedure and conditions for special land uses.

(a)

A written request and filing fee in the amount established by resolution of the village council must be filed with the village clerk by the property owner or his agent seeking the special approval.

(b)

Three copies of the site plan showing all pertinent details of the proposed development shall be filed with the village clerk, who shall retain a copy for the village records, forward one of such copies to the zoning administrator and another to the village council.

(c)

The village planning commission shall, upon receipt of the application, site plan and such other information as it may request from the applicant, schedule and publish notice of a public hearing to be held within 60 days, which notice shall:

1.

Contain 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 and where the special land use request will be considered.

2.

Be published at least once not more than 15 days nor less than five days before the hearing in a newspaper in general circulation in the Village of Deckerville.

3.

Be sent by certified mail (return receipt requested) not more than 15 days nor less than five days before the hearing to the applicant property owner(s), to all persons occupying or being assessed for property 300 feet within any point of the property being considered.

(d)

Upon completion of the public hearing or a continuation thereof, the village planning commission, shall, by majority vote of its membership, reject the request or approve it subject to such conditions as they may impose to preserve the character of the neighborhood, public, health and safety and the spirit of this chapter.

(e)

The village planning commission shall maintain a record of the hearing and prepare and file a written decision of its findings and, if such use is approved, all conditions which have been imposed as contingencies on the approval.

(f)

When deemed necessary, the village planning commission may, as a condition of approval, require filing a performance or surety bond with the village clerk to insure construction of certain site improvements or development features. The bond shall be either cash or a surety, executed by a company licensed to do business in the State of Michigan in an amount determined by the council and running to the Village of Deckerville for a period of time as established by the village planning commission.

(g)

Approved uses shall not become effective until five days following filing with the village clerk and shall be valid for a period of one year only from the date of filing with the village clerk unless a building permit has been issued and construction is actively progressing or the approved special land use is being actively pursued within the terms and conditions set out in the written decision.

(h)

Uses approved shall be subject to all provisions of this chapter and those provisions set forth as a condition of approval.

(2)

Special land use schedule and standards.

(a)

Certain types of uses in certain districts have been established as uses permitted by special land use approval throughout this chapter but by their nature these uses can cause conflicts and peculiar problems in certain districts thus, a thorough examination by the village planning commission is required before such uses can be approved.

(b)

The special land use procedure does not amount to a rezoning of property and is established only for those districts where such uses are specifically listed or are not inconsistent with the prevailing uses in the vicinity. Any use of land or structures not listed shall be the subject of a determination by the village planning commission and where the results of such determination is a finding that a proposed use is not similar in nature nor in accordance with the purpose for establishing each district, then such use can only be granted through proper rezoning of the land involved.

(c)

The village planning commission determines that a proposed use is similar to those listed in the special land uses of a given district, the matter shall then be processed in accordance with the procedures provided for special land use review.

(d)

Existing uses of land or structures that would fall under the special land use category in any district upon adoption of this chapter, shall not be considered nonconforming and shall be only regulated by the same future expansion or reconstruction regulations as are provided for permitted uses.

(e)

Special land uses granted following the effective date of this chapter shall also be governed by the same regulations plus such requirements established by the village planning commission at the time of approval.

(f)

Special land uses in existence or approved alter the effective date of this chapter will achieve the same status as the permitted uses in the districts wherein they have been provided for.

(g)

Special land uses may be granted by the village for each district in accordance with the special land uses listed for a specific district.

(3)

Special land use performance standards.

(a)

The applicable regulations governing the district in which the special land use is to be located such as: Area, height, and setback requirements, off-street parking, off-street loading and unloading requirements shall be followed, unless otherwise determined by the village planning commission.

(b)

All permit requirements set forth in section 54-101 and district regulations shall be completed with special approval uses granted.

(c)

Site plan review for all special land uses shall include evaluation of conditions and development features that would:

1.

Create hazardous vehicular or pedestrian traffic conditions caused by the location of entry and exit roadways and drives.

2.

Prevent future access of fire equipment to the site of adjoining and abutting properties.

3.

Deprive abutting or adjoining property owners of normal use of their land, block the circulation of air or light, or cause adverse effects of an economic nature to abutting or adjoining properties.

4.

Outdoor storage or display areas in all commercial and industrial areas shall be screened on all sides by an obscuring fence or wall of approved design and construction details of which shall be submitted with the site plan, and areas used for outdoor storage or display shall be paved with either asphalt or concrete.

5.

Development or operational feature shall comply with all local, state and federal requirements for air and noise pollution. All federal, state and local regulations relative to air pollution, excessive noises or location of structures in relationship to road rights-of-way shall be complied with.

6.

Where a commercial or industrial development abuts a different use district, a five-foot high obscuring wall or 30-foot wide green belt consisting of a grass strip and evergreen or deciduous tree planting, may be required. The grass strip shall be seeded and maintained using a mixture of common lawn grasses. Trees shall be planted at the innermost edge of the strip and spaced not less than three nor more than six feet apart in a continuous line the entire length of the green belt, trees shall be nursery stock, minimum two-inch trunk diameter at lime of planting and shall be maintained in a living condition, if an obscuring wall is permitted, details of design and construction shall be submitted for approval.

7.

In all cases where a development contains an existing water course on site, or where the finished grade of the site will be higher than abutting properties, a drainage plan shall be submitted for review and approval.

8.

Minimum acreage for farm approval use shall be 20 acres.

9.

Developments of a drive-in nature, such as drive-in banks, restaurants, service stations, and theaters shall be so located that entrance and exit drives shall be a minimum of 100 feet from any intersection unless otherwise approved by the board of appeals. Paved off-street waiting space shall be provided, so that no vehicles will be waiting on the public thoroughfare to gain entry to the premises.

(Ord. of 5-28-2002, § 8.02.00)

State Law reference— Similar provisions, MCL 125.584.

The Deckerville Board of Zoning Appeals may grant variances from the strict application of this chapter under the provisions of article VII.

State Law reference— Similar provisions, MCL 125.585.