Rather than permitting by right all the many and varied land use activities within each zoning district, it is the intent of this chapter to provide a set of procedures and standards for specific uses of land or structures that will allow, on one hand, practical latitude for the investor or developer, but that will, at the same time, promote the intent and purpose of this chapter, and ensure that the land use of activity authorized shall be compatible with adjacent uses of land, the natural environment, and the capacities of public services and facilities affected by the land uses. In order to provide controllable and reasonable flexibility, this chapter permits detailed review of certain specified types of land use activities which, because of its particular and unique characteristics, require special consideration in relation to the welfare of adjacent properties and to the community as a whole. Uses possessing these characteristics may be authorized within certain zoning districts by the issuance of a special use permit. The planning commission shall have the opportunity to impose conditions and safeguards upon each use which are deemed necessary for the protection of the public welfare.

(Ord. No. 2025-01, 1-13-2025)

An application for any use identified as a special use in the zoning classification of the subject property shall be submitted and processed under the following procedures:

(1)

Submission of application. Any application shall be submitted through the city clerk on a special form for that purpose. Each application shall be accompanied by the payment of a fee as adopted by the city council from time to time.

(2)

Data required. Every application shall be accompanied by the following information and data:

a.

The special use permit application form supplied by the city clerk, filled out in full by the applicant, including a statement of supporting evidence concerning information applicable to the general standards specified in section 153.703(1).

b.

A complete site plan as required in article 6 of this chapter. If the special land use does not include any new construction, a plot plan as required for a zoning permit in section 153.1203 may be submitted rather than a full site plan.

(3)

Site plan part of approved special use permit. The site plan or plot plan, as approved, shall become part of the record of approval, and subsequent actions relative to the activity authorized shall be consistent with the approved site plan. Changes to approved site plans must meet the requirements of section 153.606.

(4)

Changes to uses approved by special use permit. Changes to uses approved by special use permit shall require approval by the city planning commission, following the same procedures as if the application were new if it meets any of the following standards:

a.

The usable floor space will increase by 25 percent or more.

b.

Changes to the special land use occur that negatively affect adjacent properties, increase demand on public services, constitute an expansion of the special land use beyond the original approval, or are otherwise inconsistent with the original application and approval.

c.

The addition of an accessory building or structure to an approved special land use shall not require a new application unless the zoning administrator determines that the accessory building or structure will negatively affect adjacent properties.

(5)

Planning commission review. The application shall be transmitted to the city planning commission for their review.

(6)

Planning commission public hearing. Each special use permit application shall require one planning commission public hearing to be noticed and conducted as required by Public Act No. 110 of 2006 (MCL 125.3101 et seq.) and section 153.1208.

(7)

Planning commission decision. Following the public hearing, the planning commission shall consider the special use permit application. If it is felt additional study is necessary, it shall establish the date of an additional meeting.

a.

Following review of the proposed special use permit application plan, the planning commission shall approve, approve with conditions, postpone the decision pending additional information, or deny the special use permit application.

b.

If the planning commission approves the special land use, it will proceed with review of the proposed site plan. The planning commission shall approve, approve with conditions, postpone the decision pending additional information, or deny the site plan.

c.

The decisions rendered by the planning commission on both the special use permit application and site plan shall be accompanied by a full explanation of the reason for the action taken and shall be based on the criteria in this chapter. Any permit issued shall contain all the specified conditions under which the use is allowed.

(8)

Permit revocation. The planning commission may revoke any special use permit if the structure or use does not comply with any conditions stated on the permit or imposed at the time of special use approval. Prior to permit revocation, the planning commission shall hold a public hearing on the revocation. The public hearing shall meet the same notice requirements as required for the planning commission's original consideration. Following the public hearing, the planning commission shall make a decision regarding revocation based on whether the activities, structures and other site characteristics satisfactorily comply with the conditions stipulated in the special use permit. After a revocation notice has been given, the use for which the permit was granted must cease within 60 days.

(9)

Violation and penalties. If the special use permit is revoked, failure to terminate the use for which the permit was granted within 60 days is declared to be a nuisance per se and a violation of the city municipal civil infractions ordinance. The violation shall be reported to the city attorney who is hereby authorized to, and may initiate procedures to eliminate such violations.

(10)

Reapplication. No application for a special use permit which has been denied wholly or in part by the planning commission shall be resubmitted until the passage of one year or more from the date of such denial, except on the grounds of newly discovered evidence or proof of changed conditions.

(Ord. No. 2025-01, 1-13-2025)

Before making a recommendation on a special use permit application, the planning commission shall establish that the following general standards, as well as the specific standards outlined in other applicable sections of this chapter, shall be satisfied:

(1)

General standards. The planning commission shall review each application for the purpose of determining that each proposed use meets the following standards and, in addition, shall find adequate evidence that each use at its proposed location will:

a.

Be harmonious with and in accordance with the general principles and objectives of the city master plan.

b.

Be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character or the general vicinity and that such a use will not change the essential character of the area in which it is proposed.

c.

Not be hazardous or disturbing to existing or future uses in the same general vicinity.

d.

Be served adequately by essential public facilities and services such as highways, streets, police, fire protection, drainage structures, refuse disposal, water and sewage facilities and schools.

e.

Not involve uses, activities, processes, materials and equipment or conditions of operation that will be detrimental to any person, property or general welfare by reason of hours of operation or excessive production of traffic, noise, smoke, fumes, glare, vibrations or odors.

(Ord. No. 2025-01, 1-13-2025)

Special land use decisions are appealable to the zoning board of appeals, following the procedures outlined in section 153.1008.

(Ord. No. 2025-01, 1-13-2025)

(a)

Special land use approval shall expire with the associated site plan.

(b)

If a site plan is not required for the special land use, the use for which the special land use was requested must commence within one year of approval by the planning commission.

(c)

The zoning administrator may grant one extension for an additional one year if a use has not commenced.

(Ord. No. 2025-01, 1-13-2025)