Egelston Township City Zoning Code
ARTICLE VI
Special Land Uses and Structures
§ 450-601 Authority for special uses.
The Planning Commission is hereby designated as the body to approve or disapprove, modify, condition or prescribe contingencies for special land uses. The Zoning Administrator shall receive applications for special land uses, review same and submit the application and its contents to the Planning Commission for the final decision. Said submission shall be made by the Zoning Administrator within 10 days from his receipt of the application.
§ 450-602 Conditions for granting special uses.
Special land uses and activities which are eligible for approval or consideration for approval by the Planning Commission shall be and are enumerated in the zoning district sections and articles of this chapter. Special land use permits shall not be granted by the Planning Commission unless a proposed special land use, if not enumerated in an article setting forth a zoning district, does present to the Planning Commission a use which is entirely compatible with the district in question and with conformity to the site plan submitted, and will have no tendency to change the character of the district or the neighborhood. However, the Planning Commission shall in exercising its discretion when such a special land use is proposed deem it presumed that an enumerated special land use will disturb the character of the district and neighborhood in which it is proposed to be located. Therefore, any approval of such a special land use shall carry with it in addition to the usual written reasons for approval, a statement in writing by the Planning Commission demonstrating why the said presumption has been overcome in reaching its decision.
§ 450-603 Application.
Application for a special land use permit shall be filed with the Zoning Administrator at the same time a site plan is filed, and shall be accompanied by the site plan fee. The application shall contain the following:
A statement by the applicant setting forth the reasons for the grant of approval of a special land use and addressing in particular any environmental effects that the special land use would have on surrounding properties and on the public in general, and including where deemed necessary by the Planning Commission or the Zoning Administrator, copies of all engineering studies, soil borings, hydrological studies and all data, if appropriate, to indicate the expected levels of noise, glare, dust, smoke, air pollution and special provisions if needed for disposal of wastes and protection of surrounding water supplies.
Evidence of compliance with all federal, state and county statutes, ordinances, rules and regulations.
§ 450-604 Application procedure statute.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
The Planning Commission shall proceed in accordance with P.A. 2006, No. 110, Section 502 (MCL 125.3502), as amended, and shall in connection with any application for special land use follow the procedure set forth in MCL 125.3502 which provides for a public hearing, and shall use the public hearing method of notification regarding its review and decision.
§ 450-605 Criteria guide.
In determining whether or not to grant, deny or approve with conditions and contingencies a special land use, the Planning Commission shall be guided by the following criteria:
It shall ensure that the special land use is compatible with adjacent uses of land, the natural environment and the capacities of public services and facilities affected by the special land use proposed.
It shall determine that the special land use is consistent with the public health, safety and welfare of the Township.
It shall require adequate setbacks, open space and buffer area in the site plan to provide the minimum of disturbance or intrusion upon adjacent lands and the neighborhood. It shall consult with such experts and use such standards and materials as may be relevant to determine effects of the proposed use on the general health, safety and welfare of the Township as well as its effects on adjacent properties.
It shall make a record of and consider the comments of persons attending the public hearing to the extent that such comments are factual and based upon reasonably ascertainable conditions and fact.
§ 450-606 Records of actions.
Special land uses which have been approved or finally approved after contingencies and conditions have been met shall be placed on permanent file and permanent notations shall be made on the Zoning Map of the Township. Special land uses will expire in the times set forth in the Planning Commission's site plan approval and be subject to the same procedural and substantive conditions therein set forth in the event substantial commencement of the use has not occurred within those time limits.
§ 450-607 Security for compliance with requirements.
To ensure compliance with this chapter and any conditions, limitations or requirements imposed by the Planning Commission as necessary to protect natural resources or the health, safety, and welfare of the residents of the Township and future users or inhabitants of the proposed project or project area, the Planning Commission may require a cash deposit, certified check or irrevocable bank letter of credit or surety bond covering the estimated cost of furnishing such condition, limitation or requirement conditioned upon the faithful completion of the required improvement. Such security shall be deposited with the Township Clerk at the time of the issuance of the permit authorizing the commencement of such construction or activity. Where the improvement required will take more than six months to be completed, the Planning Commission may authorize a rebate of any cash deposit in reasonable proportion to the ratio of the work completed as the work progresses.