Hopkins Township City Zoning Code

SPECIAL USE

PERMITS

§ 157.345 INTENT AND PURPOSE.

The provisions of this subchapter are intended to set forth the procedures and standards that are applicable to certain land uses, structures or activities classified as special uses. Due to their unique characteristics relative to other uses, special uses shall not be permitted without review and may warrant restrictions or conditions by reasons of their uniqueness or the special problems presented by the use in a particular location or in relation to neighboring properties and/or the community as a whole.

(Prior Code, Ch. XV, § 12B.01) (Ord. 2005-1, passed 5-9-2005)

§ 157.346 SPECIAL USE CLASSIFICATIONS/REVIEW AND APPROVAL AUTHORITY.

(A) Within this subchapter, individual types of special uses are categorized within one of two classes, Class I and Class II. Special uses are created for the purpose of grouping individual special uses based upon their degree of potential impacts upon adjacent property and surrounding community.

(B) Provisions applicable to each class as outlined in this subchapter shall govern each class of special use.

(1) Class I, Special Use.

(a) A Class I Special Use Review Committee shall be appointed to review and decide all requests for Class I special use permits as applied for under this subchapter. The Committee shall consist of two members of the Planning Commission and the Township Zoning Administrator. Two alternate members of the Committee shall be appointed by the Chairperson of the Planning Commission form the remaining membership of the Planning Commission. Said appointments shall be made at the first official meeting of the Planning Commission each year.

(b) The Committee shall select from its members its own Chairperson and select a Secretary for the purpose of recording minutes and keeping records of its actions. A quorum of two must be present in order to take any formal action on an application submitted for review of Class I special use permit approval. All meetings of the Committee shall conform to the provisions of the Open Meetings Act, being Act 267 of 1976, being M.C.L.A. §§ 15.261 through 15.275, as amended.

1. Home occupation;

2. Camping or the occupancy and use of tents, motor homes and campers on vacant waterfront residential lots; and

3. Youth agricultural projects.

a. Purpose. To promote youth in agricultural activities in all zoning districts within the township through organized institutions such as, but not limited to, 4-H and FFA by allowing through special use.

b. Intent. This item applies for projects involving raising animals for a limited amount of time such as for a fair or institutional auction or other sanctioned event and excludes pets or long term ownership of animals or livestock not normally permitted within the zoning district.

c. Consideration. In reviewing permit applications, the Class I SUP Committee shall consider:

i. The scope of the project the applicant seeks;

ii. The zoning district of the parcel;

iii. Lot size and shape; and

iv. Potential effect on surrounding properties.

(d) All fees will be waived if an application is requested at a previously scheduled Planning Commission meeting.

(2) Class II, Special Uses. Class II special use include the following special uses and shall be approved by the Planning Commission:

(a) Amusement enterprises in the C-2 District;

(b) Sexually-oriented business in the C-2 District;

(d) Kennels in the R-1 District;

(e) Nursing homes, senior citizen housing and similar group housing in the R-3 District;

(f) Churches, private and public schools, libraries, museums, art galleries, parks, playgrounds, community centers, government service buildings and similar uses when owned by a government agency or non-profit or non-commercial organization;

(g) Any other commercial or industrial use requiring authorization by the Planning Commission as a special use in the C-1, C-2 and I-1 Districts as indicated in §§ 157.151, 157.166 and 157.181 of this chapter;

(h) Expansion, restoration and repair of legal non-conforming buildings and structures as indicated under §§ 157.301 and 157.302 of this chapter;

(i) Removal and processing of topsoil, sand, gravel and other minerals in the AG and R-1 Districts;

(j) Cellular and other wireless communications towers;

(k) Multi-unit boat access sites and facilities, as defined herein;

(l) Type B home occupations, as defined in § 157.053 of this chapter in the AG, R-1, R-1 A, R-2 and R-3 Districts; and

(m) In home adult or child daycare for seven to 12 unrelated individuals.

(Prior Code, Ch. XV, § 12B.02) (Ord. 2005-1, passed 5-9-2005; Ord. 2012-1, passed 11-5-2012; Ord. 2-2014, passed 8-11-2014)

§ 157.347 PROCEDURES.

(A) Notification of request.

(1) Upon receipt of an application for a special use permit, notice shall be given that a request for special use approval has been received. The notice shall be published in a newspaper, which circulates in the township, and sent by mail or personal delivery to the owners of property, for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question and to the occupants of all structures within 300 feet. The notice shall be given not less than 15 days before the date of the meeting that the application will be considered. If the name of the occupant is not known, the term “occupant” may be used in making notification. Notification need not be given to more than one occupant of a structure; except that, if a structure contains more than one dwelling unit or special area owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each unit or special area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct special areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.

(2) The notice shall:

(a) Describe the nature of the special use request;

(b) Indicate the property which is the subject of the special use request;

(c) State when and where the special use request will be considered and the body that will be considering the application;

(d) Indicate when and where written comments will be received concerning the request; and

(e) State when and where the public hearing will be held.

(B) Public hearing. A public hearing shall be held by the Planning Commission prior to a final decision being made regarding any special use.

(1) A public hearing shall be held by the Planning Commission prior to a final decision being made regarding any Class II special use. A public hearing may be held by the Review Committee regarding any Class I special use. A public hearing shall be held upon request of the applicant or a property owner or the occupant of a structure located within 300 feet of the boundary of the property being considered for a Class I special use. If a request for public hearing is made by a property owner or occupant of property within 300 feet, on or prior to the date specified in the first notice, a public hearing shall be scheduled and notified with a second notice. The notice shall be published and delivered and shall contain the same indications as the notifications of a request for special use as provided in division (A) above, with the added information of the time and place for the public hearing.

(2) The public hearing, whether on the initiative of the reviewing body or upon request, shall be held before a decision is made by the approving body.

(D) Decisions. The review body shall, within a reasonable time after review or after public hearing, deny, approve or approve with conditions, the request.

(Prior Code, Ch. XV, § 12B.03) (Ord. 2005-1, passed 5-9-2005; Ord. 2-2014, passed 8-11-2014)

§ 157.348 CONTENTS OF APPLICATION.

(A) All applications for special use permits, shall be in writing, signed and filed with the Planning Commission.

(B) Such application shall include the following:

(1) The applicant’s name, address and interest in the property, and the name, address and interest of every person having a legal or equitable interest in the said property;

(2) The circumstances which the applicant believes justify the issuance of the special use permit;

(3) The names of all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and the names and addresses of all occupants of structures within 300 feet;

(4) The nature and effect of the proposed special use permit; and

(5) A written site plan shall be submitted with each application clearly designating the nature and location of the proposed use on the premises.

(Prior Code, Ch. XV, § 12B.04) (Ord. 2005-1, passed 5-9-2005; Ord. 1981-2, passed 12-14-1981)

§ 157.349 GENERAL STANDARDS.

(A) In addition to specific standards which may be applicable, the following set of standards shall serve as the basis for decisions involving the issuance of special use permits, and other discretionary decisions required to be passed under this subchapter.

(B) The proposed use shall:

(1) Be compatible with adjacent uses of land;

(2) Be consistent with and promote the intent and purposes of this chapter;

(3) Be compatible with the natural environment;

(4) Be consistent with the capacities of public services and facilities affected by the proposed use; and

(5) Protect the public health, safety and welfare.

(Prior Code, Ch. XV, § 12B.05) (Ord. 2005-1, passed 5-9-2005)

§ 157.350 SPECIAL USES ON NON-CONFORMING PARCELS.

(A) As to any parcel not in compliance with the minimum lot size of applicable zoning district, the Planning Commission may authorize as a special use the construction or placement thereon of only one single-family dwelling, or one commercial, or one industrial building and one detached accessory building; provided that:

(1) Only one non-conforming parcel is thereby created;

(2) The non-conforming parcel is at least one acre in size in an Agriculture or R-1 District or at least 75% of the minimum lot size in other districts;

(3) The non-conforming parcel is at least 150 feet wide; and

(4) The non-conforming parcel is connected to a public water and sewer service or served by water or sewer utilities approved by the County Department of Health.

(B) In considering such authorization, the Planning Commission shall consider the following standards:

(1) The size, character and nature of the principal and accessory buildings to be erected or placed on the parcel;

(2) The effect of the proposed use on the adjoining properties and the surrounding neighborhood;

(3) The extent to which the intended use would interfere with existing or foreseeable agriculture utilization of surrounding property; and

(4) The present and foreseeable ability of government units to provide necessary services to the parcel.

(Prior Code, Ch. XV, § 12B.06) (Ord. 2001-1, passed 7-17-2001)