Sec. 15A.01. Uses allowed by special land use permit only have been identified as those which, because of their nature, are not necessarily appropriate at all locations throughout a zoning district, or are appropriate only if subject to general standards and conditions of approval. The purpose of this chapter is to provide standards and procedures for reviewing requests for special land uses, and for placing conditions upon such permits.

(Ord. No. 08-16O, § 2, 9-29-2016)

Sec. 15A.02. Application for a special land use permit shall be submitted and processed under the following procedures:

(a)

An application shall be submitted to the Township offices on a form for that purpose. Each application shall be accompanied by the payment of a fee as determined by resolution of the Township Board.

(b)

Site Plan Requirement: Applications for a special land use permit shall also be accompanied by ten copies of a site plan which shall contain the information for final site plans required by Chapter 14A [XIVA, 300.640] herein. The application materials shall then be forwarded to the Planning Commission.

(c)

Additional Information: The Planning Commission may also require that the applicant provide additional information about the proposed use. Such information may include, but shall not be limited to, utility systems plan, traffic impact analysis, environmental impact statement, an economic analysis justifying the need for a proposed commercial use or uses, impact on public utilities and services and effect on the public school system.

(d)

Upon receipt of such application, one notice that a request for a special land use has been received shall be published in a newspaper which circulates within the Township, and shall be personally delivered or mailed to the applicant and to all persons to whom real property is assessed and the occupants of all structures within 300 feet of the boundaries of the subject property, and according to the procedure for public notification required by Section 19.03. Such notice must be given not less than 15 days before the date the application will be considered.

(e)

The notice shall indicate the following:

(1)

The nature of the special land use requested.

(2)

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

(3)

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

(4)

When and where written comments will be received concerning the request.

(5)

Unless the approving body has already scheduled a public hearing, the notice shall indicate that a public hearing on the special land use application may be requested by any property owner or the occupant of any structure within 300 feet of the boundary of the property being considered for a special land use.

(Ord. No. 08-16O, § 2, 9-29-2016)

Sec. 15A.03. To approve a special land use, the Planning Commission must find that all the following general standards are satisfied, in addition to any applicable standards set forth in this ordinance for specific special land uses:

(a)

The special land use shall be established, laid out and operated so as not to have a substantial adverse effect upon adjoining or nearby lands or any of the uses thereof.

(b)

The special land use must not have an adverse effect on water and sewer services, storm water drainage, road capacity and volume of traffic and traffic safety and circulation.

(c)

The special land use must not have an adverse effect on police and fire services and other public safety and emergency services.

(d)

The special land use must not have an adverse effect on the need and demand for other public services.

(e)

The special land use must not have a significant adverse effect on the natural environment of the site and nearby properties.

(f)

The special land use must be consistent with the intent and purposes of this ordinance and the Dorr Township Master Plan and protect the public health, safety and welfare.

(Amend. of 3-6-1980; Ord. of 6-20-2002; Ord. No. 08-16O, § 2, 6-29-2016)

Sec. 15A.04. The Planning Commission shall deny, approve or approve with conditions a request for a special land use. The decision shall be incorporated in a statement of findings containing the conclusions relative to the special land use under consideration specifying the basis for the decision and any conditions imposed.

(Ord. No. 08-16O, § 2, 9-29-2016)

Sec. 15A.05. The Planning Commission may impose reasonable conditions on the approval of a special land use. Said conditions shall meet the following requirements:

(a)

Be designed to insure public services and facilities affected by the proposed use or activity will be capable of accommodating increased service and facility loads caused by the proposed use.

(b)

Be designed to ensure that said use is compatible with adjacent land uses and activities.

(c)

Be designed to protect natural resources, the health, safety, and welfare and 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.

(d)

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

(e)

Be necessary to meet the intent and purpose of the Zoning Ordinance, be related to the standards established in the Ordinance for the land use or activity under consideration, and be necessary to insure compliance with those standards.

(f)

The conditions imposed with respect to the approval of a special land use shall remain unchanged except according to the regulations and procedures of Section 15A. 07.

(Ord. No. 08-16O, § 2, 6-29-2016)

Sec. 15A.06.

(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 request by the applicant, extend the term of the special land use by successive periods of up to one year each 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)

If a use authorized by a Special Land Use permit ceases for a period of two consecutive years, the Special Land Use permit shall be considered to be voided and the use shall not be re-established except in accordance with the procedures of Section 15A.02 herein. The cessation of the Special Land Use activity shall be determined by the Zoning Administrator who shall base this determination on the following factors which shall include but are not limited to: the establishment of a different use on the property; removal of any signs pertaining to the Special Land Use; removal, replacement or demolition of the building containing the Special Land Use; personal observation that the use has been vacated and other similar factors which would provide evidence of the cessation of the Special Land Use.

(Ord. No. 08-16O, § 2, 6-29-2016)

Sec. 15A.07.

(a)

Any person or agency owning or operating land for which a Special Land Use has been approved shall notify the Zoning Administrator of any proposed amendment to the approved use and site plan. Any proposed change to the conditions that were attached to the approval of the Special Land Use or any proposed change to the Special Land Use itself shall be reviewed by the Planning Commission, which shall determine if the proposed changes constitute a major or minor change.

(b)

A major change is defined as a change in the conditions of approval or the Special Land Use which would substantially alter the intensity of the use of the property so as to call into question compliance with the Special Land Use approval standards of Section 15A.05 herein.

Examples of a major change may include but are not limited to: a significant increase in the hours of operation, a significant expansion of the land area devoted to outdoor activity, a significant increase in the number of items displayed or stored outdoors, an increase in the intensity of the use which would significantly increase traffic volumes, a significant change in the number of parking spaces or major alteration of the on-site traffic circulation pattern, the addition of one or more driveways or a change in the conditions of approval which may result in a significant adverse impact on nearby residents or property.

In addition, a major change would also include expanding the land area that was approved for the existing Special Land Use or expanding the building containing the use if such expansion would increase the intensity of the use.

Any major change shall be considered in the same manner as set forth in Section 15A.02 of this Ordinance. A minor change requested for a Special Land Use may be approved by the Planning Commission without a public hearing.

(Ord. No. 08-16O, § 2, 6-29-2016)

Sec. 15A.08. If a violation of any of the conditions or standards imposed on a special land use is found to exist following inspection, the Zoning Administrator shall notify the owner of the premises of the special land use and the Planning Commission that such violation exists and that the permit will be revoked within 15 days of such notification. If said violation is not corrected within 15 days, the Planning Commission shall revoke the permit. Furthermore, such a violation is hereby declared to be a violation of the zoning ordinance, subject to all of the remedies and penalties provided for in this ordinance. (Ord. of 6-20-2002)

(Ord. No. 08-16O, § 2, 6-29-2016)