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Fennville City Zoning Code

ARTICLE 20

Special Land Uses

§ 450-2001 Special use permit.

A. 
Special use permits are required for proposed activities which are essentially compatible with other uses or activities permitted in a zoning district, but which possess characteristics or locational qualities which require individual review. The purpose of this individual review is to ensure compatibility with the character of the surrounding area, with public services and facilities, with adjacent properties, and to ensure conformance with the standards set forth in this chapter.
B. 
Application procedures. The following steps shall be taken when considering a proposed special use:
(1) 
A special use permit application shall be filed by the applicant with the Zoning Administrator or their designee along with the required site plan, fees, statements with supporting evidence to which proposed activity meets the criteria, and any other pertinent information upon which the applicant intends to rely for approval.
(2) 
The Zoning Administrator or their designee shall review the application for completeness and forward the application, with their recommendation, to the Planning Commission for their review and consideration.
(3) 
The City Clerk shall give public notice in a newspaper of general circulation in the City of official receipt of the special use permit application which:
(a) 
Describes the nature of the special use;
(b) 
Indicates the property in question;
(c) 
States the time and place where the special use permit will be considered, provided notice is not less than 15 days before application will be considered;
(d) 
Indicates when and where written comments will be received concerning the request; and
(e) 
Indicates that a public hearing of the proposed special use application may be requested by any property owner or occupant located within 300 feet of the boundary of the property being considered before a decision is made on the application if the permit requires a decision by the Planning Commission on discretionary grounds. In such case, notices shall be mailed to all persons owning or occupying real property within 300 feet of the property in question. An affidavit of such mailing shall be maintained by the City in the special use permit application file.
(4) 
After review of the application and public hearing or written comments, if any, the Planning Commission shall approve, approve with conditions, or deny the permit based upon the standards of the special use as set forth in the appropriate use district. The decision on a special use permit application shall be incorporated in a statement of conclusion relative to the special use under consideration. The decision shall specify the basis for the decision and any conditions imposed.
C. 
Review procedures. The Planning Commission shall review the application for special land use in accordance with the procedures in this article, together with the public hearing findings and reports and recommendations from the Building Official, City Planner and/or Zoning Administrator, public safety officials, City Engineer, and other reviewers. The Planning Commission shall then make a decision regarding the proposed special land use, based on the requirements and standards of this chapter. The Planning Commission may approve, approve with conditions, or deny the special land use application as follows:
(1) 
Approval. Upon determination by the Planning Commission that the final plan for special land use complies with the standards and requirements of this chapter and other applicable ordinances and laws, the Planning Commission shall approve the special land use.
(2) 
Approval with conditions. The Planning Commission may impose reasonable conditions upon the approval of a special land use, to the extent authorized by law, for the purposes of insuring that public services and facilities affected by the proposed development will be capable of accommodating increased public service loads caused by the development, protecting the natural environment and conserving natural resources and energy, insuring compatibility with adjacent uses of land, and promoting the use of land in a socially and economically desirable manner. Conditions imposed shall be designed to protect natural resources and the public health, safety, and welfare of individuals in the development and those immediately adjacent, and the community as a whole. Conditions may be imposed if the Planning Commission deems necessary to meet the intent and purpose of this chapter.
(3) 
Denial. Upon determination by the Planning Commission that a special land use proposal does not comply with the standards and regulations set forth in this chapter, or otherwise would be injurious to the public health, safety, welfare, and orderly development of the City, the Planning Commission shall deny the special land use. An applicant may reapply for the same special land use not less than one year after the denial taking place, provided that all applicable requirements as described in this chapter are met.
(4) 
Tabling. Upon determination that a special land use is not ready for approval or rejection, or upon a request by the applicant, the Planning Commission may table consideration of a special land use until a later meeting.
D. 
Appeals. The Zoning Board of Appeals (ZBA) shall not have the authority to consider an appeal of a decision concerning a special land use proposal. The ZBA shall have the authority to consider variances associated with a special land use that relates to setbacks and dimensional requirements.
E. 
Expiration of a special land use approval. If construction has not commenced, or if the project has commenced but has not made reasonable progress within 12 months after final approval, the approval becomes null and void and a new application for special land use approval shall be required. However, the applicant may apply in writing to the Planning Commission for an extension of special land use approval. The Planning Commission may grant one or more extensions of up to 12 months, upon request from the applicant prior to expiration of the previous approval and provided that it finds that the approved special land use plan conforms to current Zoning Ordinance standards.
F. 
Special land use violation. In the event that construction or subsequent use does not comply with the approved special land use application, the Zoning Administrator or their designee shall take corrective action, unless a revised special land use application is submitted for review, following the normal special land use review procedures. If the builder, developer, or current user fails to take corrective action or pursue approval of an amended plan, the Zoning Administrator or their designee may issue a citation, after which the City may commence and pursue appropriate action in a court having jurisdiction.

§ 450-2002 Modifications to an approved special land use.

A. 
Special land use approval may subsequently be modified, subject to the following requirements:
(1) 
Modifications that do not change the nature of the use or that do not affect the intensity of use may be reviewed and approved following normal site plan review procedures described in Article 19. In evaluating change in intensity of use, the Planning Commission shall consider the extent of increase of vehicular or pedestrian traffic, the change in demand for public services, extent to which the total floor area occupied by the proposed use will increase, increased demand for parking, off-site impacts from noise, fumes, drainage, etc., and similar considerations.
(2) 
Modifications that change the nature of the use or that result in an increase in the intensity of the use shall be reviewed in the same manner as a new special land use proposal, following the procedures in this article.

§ 450-2003 Standards for granting special land use approval.

A. 
Approval of a proposed special land use shall be based on the determination that the proposed use will be consistent with the intent and purposes of this chapter, will comply with all applicable requirements of this chapter, including site plan review criteria set forth in Article 19, applicable site development standards for specific uses set forth in Article 14, and the following standards:
(1) 
Compatibility with adjacent uses. The proposed special land use shall be designed, constructed, operated, and maintained to be compatible with uses on surrounding land. The site design of the proposed special land use shall minimize the impact of site activity on surrounding properties. In determining whether this requirement has been met, consideration shall be given to:
(a) 
The location and screening of vehicular circulation and parking areas in relation to surrounding development.
(b) 
The location and screening of outdoor storage, outdoor activity or work areas, and mechanical equipment in relation to surrounding development.
(c) 
The hours of operation of the proposed use. Approval of a special land use may be conditioned upon operation within specified hours considered appropriate to ensure minimal impact on surrounding uses.
(d) 
The bulk, placement, and materials of construction of the proposed use in relation to surrounding uses.
(e) 
Proposed landscaping and other site amenities. Additional landscaping over and above the requirements of this chapter may be required as a condition of approval of a special land use.
(2) 
Compatibility with the Master Plan. The proposed special land use shall be consistent with the general principles and objectives of the Master Plan.
(3) 
Public services. The proposed special land use shall be located so as to be adequately served by essential public facilities and services, such as highways, roads, police and fire protection, drainage systems, water and sewage facilities, and schools, unless the proposal contains an acceptable plan for providing necessary services or evidence that such services will be available by the time the special land use is established.
(4) 
Impacts of traffic. The location of the proposed special land use within the zoning district shall minimize the impact of the traffic generated by the proposed use. In determining whether this requirement has been met, consideration shall be given to the following:
(a) 
Proximity and access to major thoroughfares.
(b) 
Estimated traffic generated by the proposed use.
(c) 
Proximity and relation to intersections.
(d) 
Adequacy of driver sight distances.
(e) 
Location of and access to off-street parking.
(f) 
Required vehicular turning movements.
(g) 
Provisions for pedestrian traffic.
(5) 
Detrimental effects. The proposed special land use shall not involve any activities, processes, materials, equipment, or conditions of operation, and shall not be located or designed so as to be detrimental or hazardous to persons or property or to public health, safety, and welfare. In determining whether this requirement has been met, consideration shall be given to the level of traffic, noise, vibration, smoke, fumes, odors, dust, glare, and light.
(6) 
Economic well-being of the community. The proposed special land use shall not be detrimental to the economic well-being of those who will use the land, residents, businesses, landowners, and the community as a whole.
(7) 
Compatibility with natural environment. The proposed special land use shall be compatible with the natural environment and conserve natural resources and energy.