Typically, various land use activities are provided for in one or more zoning districts. The criteria for such allocations are based upon similarities in the nature of the uses and their relationship to other uses and thoroughfares. Essentially, the zoning districts are established to coordinate with and provide for effectuation of the city's master land use plan in a logical and desirable manner. There are, however, various specialized uses whose operational characteristics and influences require special consideration if they are to be effectively and reasonably permitted in the city. It is, therefore, the intent of this section to set forth the basic and specialized review process and requirements necessary to evaluate and control these uses within the city and further determine any other reasonable requirements which will provide for their development and operation without adversely affecting the public health, safety, and welfare of the city as a whole.

(Ord. of 11-13-2023)

Special land uses are required when the zoning table in article 2 designates a use as a special land use. Additionally, SLUs are required when there is not a record of special land uses on file and the ordinance designates the desired use as a special land use. In this case, when there is not an SLU record on file, the applicant must go through the special land use process, including submitting a site plan. If the proposed use is re-occupying a building, the zoning administrator may recommend waivers in site plan submittal requirements. It is up to planning commission to grant official site plan submittal waivers.

(Ord. of 11-13-2023)

Prior to the planning commission making a recommendation and the city council approving any application for a special land use approval, the planning commission and city council shall find adequate evidence that the proposed use:

A)

Compatible with adjacent uses and an improvement to community. The proposed use must be compatible to the adjacent uses and an improvement to the community. In determining whether this requirement has been met, consideration shall be given to location and screening of vehicular circulation and parking; location and screening or outdoor storage; hours of operation, bulk and placement of proposed structures in relation to surrounding uses, proposed landscaping and other site amenities.

B)

Consistent with master plan. The proposed use must be consistent with the goals and vision of the master plan and any other strategic plans relevant to the area. How is this special land use consistent with the polices of the master plan and other relevant strategic plans?

C)

Adequately served by essential public facilities. The proposed use must be in a place that is served by essential public facilities and services. Is this special land use located so as to be adequately served by essential public facilities, such as highways, streets, police, water and sewage, etc.? Explain.

D)

Impact on pedestrian and vehicle traffic. The proposed use must minimize the impact of the traffic generated by the proposed use on surroundings uses. Does the location of the proposed special land use within the zoning district minimize the impact of the traffic generated by the proposed use? Consider, proximity and access to major thoroughfares, estimated traffic generated by proposed use, proximity and relation to intersection, adequacy of driver sight distances, location of and access to off-street parking, required vehicular turning movements and provision for pedestrian traffic.

E)

Protect health, safety and welfare of community from nuisances. The proposed use must not generate activities that are detrimental to the public health, safety, and welfare. Are there any detrimental effects or nuisances involved in the special land use and how are these nuisances mitigated? Consider production of traffic, noise, vibration, smoke, fumes, odor, dust, glare, light, etc.

F)

Consistent with zoning ordinance. The use must be consistent and promote the intent and purpose of the zoning ordinance. Explain how this application for special land use approval meets all specific criteria and design standards for the specific use outlined in the zoning ordinance.

(Ord. of 11-13-2023)

A)

Application submittal. An application for special land use review shall be filed with the building department on a form provided by the city along with the required application fee and any necessary escrow payment. The completed application shall be signed by the property owner. Applications will not be processed unless they are complete and unless all fees are paid in accordance with the schedule of fees adopted by the city council.

B)

Required information. An application for special land use shall be accompanied by a detailed description of the operations and characteristics of the proposed use sufficient for the planning commission to make an informed decision. A sketch plan or site plan that meets the requirements of this article can also be submitted with an application. The applicant can decide to wait and submit a formal site plan until after receiving approval.

C)

Technical review. Special land use applications may be forwarded to the planner, engineer, and city department heads for review to determine compliance with applicable city, county and state ordinances and standards. For special land use applications determined not to be in substantial compliance by any technical reviewer, the applicant may be required to complete revisions and re-submit the application for further review prior to final action.

(Ord. of 11-13-2023)

A)

Public hearing required. Prior to making a recommendation and as a part of completing a review and study of a special land use application, the planning commission shall hold a public hearing in accordance with the procedures set forth in the Michigan Zoning Enabling Act, PA 110 of 2006 (as amended).

B)

Planning commission recommendation. The planning commission shall review the application for special use, together with the public hearing findings and reports and recommendations from the building official, city planner, city engineer, and other departments. The planning commission shall then make a determination on the special land use application. The planning commission may recommend approval, approval with conditions, or denial of a special land use request to the city council as follows.

1)

Recommendation of approval. Upon determination by the planning commission that the final plan for special use is in compliance with the standards and requirements of this article and other applicable ordinances and laws, approval shall be granted.

2)

Recommendation of approval with conditions. The planning commission may impose reasonable conditions with the approval of a special use proposal, to the extent authorized by law. Conditions imposed shall meet all of the following requirements.

a)

Conditions shall 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.

b)

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

c)

Conditions shall be necessary to meet the intent and purpose of this article, related to the standards established in this article for the land use or activity under consideration, and necessary to ensure compliance with those standards.

3)

Recommendation of denial. Upon determination by the planning commission that a special use proposal does not comply with the standards and regulations set forth in this article, or otherwise would be injurious to the public health, safety, welfare, and orderly development of the city, the special use proposal shall be denied. Planning commission must provide its reasoning for recommending denial of the project.

C)

The planning commission shall prepare and transmit a report to the city council stating its conclusions and recommendation, the basis for its decision, and any conditions relating to an affirmative decision.

(Ord. of 11-13-2023)

The city council shall make a determination based on review of the application and site plan, together with the findings and recommendation of the planning commission, the reports from the building official, city planner, city engineer, and other departments. Following completion of its review, the city council shall approve, approve with conditions, or deny a special land use. If the city council denies the special land use request, then they must provide findings of fact and reasoning for the denial.

(Ord. of 11-13-2023)

A)

Site plan requirement. All special use applications shall require site plan approval in addition to special use approval. In order for the site plan to be approved, the site must be brought up to all relevant standards of this ordinance, including, but not limited to, lighting, signage, dumpster enclosures, landscaping, and parking. The planning commission may refer the required site plan approval to the zoning administrator for administrative site plan review, upon determining that the physical site changes proposed or required are minor in nature.

B)

Performance guarantee. The planning commission may recommend, and the city council may require that a performance guarantee be deposited with the city to ensure faithful completion of the improvements. Improvements that shall be covered by the performance guarantee include, but are not necessarily limited to landscaping, open-space improvements, streets, lighting, and sidewalks.

C)

Recording and continued compliance with conditions of approval. Approval by the city council may require additional conditions and safeguards as deemed necessary for the protection of the health, safety, and general welfare and individual property rights as well as ensuring that the intent and objectives of this article are observed. The breach of any condition, safeguard or requirement and the failure to correct such breach within 30 days after an order to correct is issued by the city shall be reason for immediate revocation of the permit. Additional time for correction of the cited violation may be allowed by the city upon submission of proof of good and sufficient cause. Conditions and requirements stated as a part of special land use approval authorizations shall be continuing obligations of the holders of such permits and are binding upon their heirs and assigns and upon any persons taking title to the affected property while such special use permit is in effect. Accordingly, the special land use approval and any conditions shall be recorded with the Macomb County Register of Deeds.

D)

Approval effective date. Special land use approval is effective for a period of one year. If after a period of one year from the date of city council approval, site plans have not been submitted for review and approved, special land use approval shall automatically be revoked. The planning commission may however, upon written request of the applicant, prior to the expiration period, grant one extension up to 12 months.

E)

Amendments to approved special land uses. When an application is received to expand or change the use, traffic pattern, or other elements of a special land use, the application is subject to the same procedures followed for an original special approval of land use.

F)

Resubmission. No application for a special use permit which has been denied by the city council can be resubmitted until the expiration of one year from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions sufficient to justify reconsideration by the planning commission. Each reapplication will be treated as a new application.

G)

Revocation of special land use approval. Approval of a special land use proposal and site plan may be revoked by the city council if construction has not commenced or if the use is operating contrary to the conditions of approval. In such a case, the zoning administrator shall place the special use proposal be placed on the agenda of the city council. Written notice shall be provided to the applicant at least five days prior to the meeting at which the case will be considered. The applicant shall be given the opportunity to present information and to answer questions. The city council, as appropriate, may revoke approval if it finds that a violation exists and has not been remedied prior to the hearing.

H)

Discontinuance of a special land use. The discontinuance of a special land use approval for 12 months or more after a specified time may be grounds for the termination of the permit. Renewal of a special use permit may be granted after a new application, review, and determination by the city council, after recommendation of the planning commission. The special land use approval may also require that a specified percentage of authorized construction be completed within a stated time as a condition of the issuance of the permit.

(Ord. of 11-13-2023)