Dexter, MI Zoning Ordinance

§ 65-8.01 Intent.

This article is intended to regulate uses which may be compatible with uses in some, but not all, locations within a particular zoning district. Special Land Use standards in this article are intended to accomplish the following:

Provide a mechanism for public input on decisions involving more intense land uses.

Establish criteria for both new development and infill/redevelopment consistent with the City's land use goals and objectives as stated in the City Master Plan.

Regulate the use of land on the basis of impact to the City overall and adjacent properties in particular.

Promote a planned and orderly development pattern which can be served by public facilities and serviced in a cost effective manner.

Ensure uses can be accommodated by the environmental capability of specific sites.

Provide site design standards to diminish negative impacts of potentially conflicting land uses.

Provide greater flexibility to integrate land uses within the City.

The process for review of a Special Land Use involves a Public Hearing with the Planning Commission with final determination on the use and site plan by the City Council.

§ 65-8.02 Procedure.

The procedure for Special Land Use Permit application review shall be as follows:

Application. An applicant for a Special Land Use Permit shall submit an application for review to the Zoning Administrator, together with the required fee and appropriate information, no fewer than 45 days prior to the date of the regular meeting of the Planning Commission at which the special use application will be considered. The following information shall also be submitted:

A site plan with the required information as set forth in Article XXI.

A statement with regard to compliance with the criteria required for approval in § 65-8.03, Standards for Special Land Uses, and any specific standards required for the specific use in Article XIV, Specific Use Provisions.

Failure to provide the required information and materials as part of the application for Special Land Use Permit approval shall render the application deficient and said application shall be held in abeyance until the petitioner submits all required items. The Zoning Administrator may waive the submission of a site plan where such information is not material to Planning Commission action, including when no physical changes to the site are proposed. The Zoning Administrator may allow the information required for administrative review when the project meets the circumstances in § 65-21.03B.

Public hearing. The Planning Commission shall hold a public hearing, or hearings, upon any application for special land use, notice of which shall be in the manner required by § 65-22.08, Notices.

Planning Commission action.

The Planning Commission shall conduct the required public hearing. At the public hearing, the Planning commission shall review the application for special land use approval in accordance with § 65-8.03 and any specific standards in Article 14, Specific Use Previsions.

The Planning Commission shall recommend that the City Council either approve, approve with conditions, or deny the Special Land Use Permit (based on findings outlined in § 65-8.03) and the accompanying site plan.

City Council action.

The Special Land Use Permit request and other pertinent information, together with the recommendation of the Planning Commission, shall be placed on the agenda of the next City Council meeting. The City Council shall either approve, approve with conditions, or reject the request within 60 days, unless an extension has been agreed upon in writing by both the City Council and the Applicant.

The decision on a special land use required by the City Council shall be made a part of the public record and incorporated into a resolution that includes a statement of findings and conclusions relative to the special land use which specifies the basis for the decision and any condition imposed.

Zoning compliance. Upon approval of a Special Land Use by City Council, Zoning Compliance must be obtained in accordance with § 65-22.04.

§ 65-8.03 Standards for Special Land Uses.

Standards. The Planning Commission and City Council shall review: the particular circumstances and facts of each proposed use: any specific standards for the proposed or uses in Article XIV, and the following standards:

Compatibility with the Master Plan. The proposed Special Land Use shall be consistent with the goals, objectives, and future land use plan described in the City Master Plan.

Compliance with zoning standards. The proposed Special Land Use shall be designed, constructed, operated, and maintained to meet the stated intent of the zoning district, and shall comply with all applicable chapter standards.

Compatibility with adjacent uses. The proposed Special Land Use shall be designed, constructed, operated, and maintained to be compatible with, and not significantly alter, the existing or intended character of the general vicinity in consideration of environmental impacts, views, aesthetics, noise, vibration, glare, air quality, drainage, traffic, or similar impacts. The proposed use shall be such that the location and height of buildings or structures, and the location, nature and height of walls, fences, and landscaping will not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.

Impact on the overall environment. The proposed Special Land Use shall not unreasonably impact the quality of the natural features and the environment in comparison to the impacts associated with typical permitted uses.

Impact on public facilities. The proposed Special Land Use shall be served adequately by public facilities and services such as police and fire protection, schools, drainage systems, water and sewage facilities, streets, pedestrian or bicycle facilities, and refuse disposal. Such services shall be provided and accommodated without an unreasonable public burden.

Traffic impact. The proposed Special Land 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: pedestrian access and safety; vehicle trip generation (i.e., volumes); types of traffic, access location, and design, circulation, and parking design; street and bridge capacity; and traffic operations at nearby intersections and access points. Efforts shall be made to ensure that multiple transportation modes are safely and effectively accommodated in an effort to provide alternate modes of access and alleviate vehicular traffic congestion. The applicant shall comply with the City's Complete Street Ordinance.[1]

[1]

Editor's Note: See Ch. 46, Streets, Sidewalks and Certain Other Public Places, Art. IV, Complete Streets.

Public safety and welfare. The proposed Special Land Use shall be designed, located, planned, and operated to protect the public health, safety, and welfare.

Special use approval specific requirements. The general standards and requirements of this section are basic to all uses authorized by Special Land Use Permit approval. The specific and detailed requirements relating to particular uses and area requirements must also be satisfied for those uses.

Additional findings. The Planning Commission and City Council shall also consider the nature and character of the activities, processes, materials, equipment, or conditions of operation, either specifically or typically associated with the use, including but not limited to, hours of operation, outdoor storage, and work areas.

§ 65-8.04 Conditions of approval.

Authority. The City Council may, at its discretion, impose additional conditions of approval, when it is determined that such increases in standards or additional conditions are required to achieve or assure compatibility with adjacent uses and/or structures.

Scope. Conditions that are imposed by the City Council shall:

Be related to and ensure the review considerations of § 65-8.03 and the applicable specific regulations are met.

Is applicable to a property, not property owners, so long as use remains in effect under terms set from the § 65-8.05.

Remain unchanged unless an amendment to the Special Land Use Permit is approved by the City Council.

Approval of a Special Land Use Permit, including conditions made part of the approval, is attached to the property, as described in the application, and not to the owner of such property. A record of conditions imposed shall be made a part of the City Council minutes and maintained by the Zoning Administrator.

A development agreement in accordance with § 65-22.12 shall be at the City's discretion.

A violation of a requirement, condition, or safeguard shall be considered a violation of this chapter and grounds for the City Council to revoke such Special Land Use Permit approval in accordance with § 65-8.08.

§ 65-8.05 Effectiveness.

Remain in force. Upon receipt of final site plan approval, Special Land Use Permit approval shall continue in force so long as the particular use or activity continues to operate as approved on the approved site, unless otherwise specified in the City Council resolution of approval of the Special Land Use. If final site plan approval is for only part of the site, the Special Land Use Permit approval is in force for each portion of the site as phases are given final site plan approval. For projects with administrative site plan review, the Special Land Use approval begins once administrative site plan approval is granted.

Expiration. Any Special Land Use Permit approval granted by the City Council shall expire unless a final site plan effectuating the Special Land Use is submitted within one year of the date of approval.

Extension. Upon written application filed prior to the termination of the period of one year as provided above, the City Council may authorize a single extension of the time limit for an additional period of one year. Such extension shall be granted based on evidence from the applicant that the development has a reasonable likelihood of commencing construction during the extension period of one year.

Conforming use status. Any approved Special Land Use Permit shall be deemed a use permitted in the district in which it is located and is not to be considered a nonconforming use.

Abandonment. When a Special Land Use which has not previously received a Special Land Use Permit ceases operations for more than one year, the Special Land Use Permit shall become null and void, and a new Special Land Use Permit shall be required to reopen the use. The time frame shall be extended to two years for a use which was approved as a Special Land Use under this article.

Resubmittal. No application for a Special Land Use Permit which has been denied wholly or in part shall be resubmitted for a period of one year from the date of denial, except on the grounds of new evidence or proof of changed conditions relating to all of the reasons noted for the denial found to be valid by the Planning Commission or City Council. A resubmitted application shall be considered a new application.

§ 65-8.06 Amendments, expansions, or change in use.

The following provisions apply when there is an amendment or a proposed expansion to approved Special Land Uses or when there is a proposed change from one Special Land Use to another.

Amendments. Any person or agency who has been granted a Special Land Use Permit shall notify the Zoning Administrator of any proposed amendment to the approved site plan of the Special Land Use Permit. The Zoning Administrator shall determine whether the proposed amendment requires new Special Land Use approval. New Special Land Use approval may be required when such amendment is a departure from the operation or use described in the approved application or causes external impacts such as additional traffic, hours of operation, noise, additional outdoor storage, or display.

Expansions. The expansion, change in activity, reuse or redevelopment of any use requiring a Special Land Use Permit shall require resubmittal in manner described in this article. A separate Special Land Use Permit shall be required for each use requiring Special Land Use review on a lot, or for any expansions of a Special Land Use which has not previously received a Special Land Use Permit.

Change in use. The applicant shall be responsible for informing the Zoning Administrator of any significant change in an approved use, operations, or activities prior to any such change. Zoning Administrator shall determine if a new Special Land Use approval is required. A significant change shall mean any departure from the operation or use described in the approved application or any change that may cause external impacts such as additional traffic, hours of operation, noise, additional outdoor storage, or display.

§ 65-8.07 Inspections.

The Zoning Administrator shall make periodic investigations of developments authorized by Special Land Use Permits to determine continued compliance with all requirements imposed by the City Council and this chapter. Noncompliance with the requirements and conditions approved for the Special Land Use shall constitute grounds to terminate said approval following a public hearing.

§ 65-8.08 Revocation.

The revocation of a Special Land Use Permit may occur if its recipient fails to continuously abide by its terms and conditions. The revocation procedure is as follows:

The City Council, through its designated administrators, shall notify the recipient, in writing, of any violations of City codes or provisions of the Special Land Use.

The recipient shall have 30 days to correct any deficiencies to the satisfaction of the City Council.

If, after 30 days, any deficiencies remain, the City Council may then revoke the Special Land Use, or, if the conditions warrant, allow additional time.

A repeat violation, after correction of deficiencies to the satisfaction of City Council, may cause immediate revocation of the Special Land Use.

Dexter City Zoning Code

ARTICLE VIII