There are three types of uses within a zoning district: permitted, not permitted and special land uses. Special land uses are uses that are more intense than permitted uses and therefore require more discretion when allowed to operate by the City. A special land use review process involves a public hearing in front of Planning Commission and Planning Commission approval. All special land uses must be accompanied by site plans and information demonstrating compliance with current zoning requirements and special land use criteria. The review criteria are meant to review the special land use request and ensure that it can operate without adversely affecting the public health, safety, and welfare of the city as a whole.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

Special land uses (or "SLUs") are required when the zoning table in Article 2, Zoning Districts, and zoning map 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 appendix 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. Planning Commission grants final approval of special land uses. If the proposed use is re-occupying a building, the Department of Public Services (DPS) Director may provide waivers in site plan submittal requirements.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

Prior to the Planning Commission approving any application for a special land use approval, the Planning Commission shall find adequate evidence that the proposed use:

A)

Compatible with adjacent uses and improvement to the community. The proposed use must be compatible with 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.

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

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

A)

Application submittal. An application for special land use review shall be filed with the Department of Public Services 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 site plan that meets the requirements of this appendix must be submitted with an application, however, the applicant can decide to wait and submit a formal site plan until after receiving SLU 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. No. 244 meeting, § 3(Exh. A), 12-9-2024)

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 decision. The Planning Commission shall review the application for special use, together with the public hearing findings and reports and recommendations from the Director of Public Services, 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 approve, approve with conditions, or deny a special land use request.

1)

Approve. 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)

Approve 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)

Deny. 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 denying the project.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

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 appendix, including, but not limited to, lighting, signage, dumpster enclosures, landscaping, and parking. The Planning Commission may refer the required site plan approval to the Director of Public Services 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 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 Planning Commission 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 Wayne 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 Planning Commission 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 Planning Commission 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 Planning Commission if construction has not commenced or if the use is operating contrary to the conditions of approval. In such a case, the Director of Public Services shall place the special use proposal be placed on the agenda of the Planning Commission. 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 Planning Commission, as appropriate, may revoke approval if it finds that a violation exists and has not been remedied prior to the hearing.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)