This article provides the review procedures and standards instituted to provide an opportunity to use a lot or parcel for an activity which, under certain circumstances, might be detrimental to other permitted land uses, or which contain unique features. The procedures and standards apply to those special land uses which are specifically designated as such in this ordinance.

A.

For all special land uses, a site plan and application on a form created by the city shall be submitted to the building department.

B.

Applications shall conform to the requirements and procedures of site plan review in article 8 as well as the standards for special land uses in this article.

C.

The planning commission shall have the sole power to approve or disapprove all special land uses, except for the planned unit development option.

D.

If the plans meet the required standards of this ordinance and indicate no adverse effect, which in the opinion of the planning commission could jeopardize the health, safety and welfare to the residents, users of adjoining property, or the city as a whole, the planning commission shall approve the use.

E.

In all other instances, the planning commission may approve, approve with conditions, or deny requests for special land uses.

F.

In considering all applications for special land uses, the planning commission shall review each case on an individual basis as to its conformity and compliance with standards in this ordinance.

G.

Upon approval, a special land use shall be deemed a conforming use permitted in the district in which it is proposed, subject to any conditions imposed on the use. Such approval shall affect only the lot or area thereof upon which the use is located.

An application for special land use approval shall include a complete site plan review satisfying all the standards in section 8.3.

The procedures for application submittal for a special land use permit shall follow those outlined is section 8.4.

Each application shall be reviewed on an individual basis for conformity and compliance with the standards of this ordinance, including those for site plan review in article 8 and the specific standards below:

A.

Will be in accordance with the general objectives, intent and purposes of this ordinance.

B.

Will be designed, constructed, operated, maintained and managed so as to be appropriate in appearance with the existing or intended character of the general vicinity.

C.

Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, of drainage structures, refuse disposal, or those persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service.

D.

Will not be hazardous or disturbing to existing or future neighboring uses.

E.

Will not create excessive additional requirements at public expense for public facilities and services.

F.

Will be in accordance with all required conditions of the district in which it will be located.

G.

Will not cause substantial injury to the value of other property in the neighborhood in which it is to be located, and will not be detrimental to existing and/or other permitted land uses in the applicable zoning district.

The planning commission shall:

A.

Review the application to determine if it satisfies the standards for special land uses, and all other applicable standards of this ordinance.

B.

Hold a public hearing to consider the proposed special land use consistent with the procedures for a public hearing in article 12.

C.

Make a determination to approve, approve with conditions, or deny the application consistent with the procedures and standards in section 8.6. Any decision made shall include the adoption of a finding of facts to support the planning commission's decision.

All decisions on a special land use shall be recorded consistent with the requirements of section 8.7 with the addition that the development agreement and final site plans for an approved special land use be recorded at the Wayne County Register of Deeds Office and evidence of the record by submitted to the city clerk within forty-five (45) days.

The standards and procedures for expiration and revocation of an approved special land use permit, or the reapplication for a special land use that has been denied either wholly or in part shall be the same as those for site plan review in section 8.8.

The standards and procedures for amendments or modifications of an approved special land use permit shall be the same as those for site plan review in section 8.9, with the exception that a major amendment to an approved special land use permit will require a new public hearing following the standards and process in section 8.9.

Fees and performance guarantees associated with the review and approval of a special land use application shall be consistent with the requirements in article 12.