This Article provides a set of procedures and standards for Special Uses, which, because of their unique characteristics, require specific consideration in relation to the welfare of adjacent properties and the community as a whole.

These provisions are designed to allow practical latitude for the applicant and at the same time, maintain adequate provision for the protection of the health, safety, convenience and general welfare of the community. Among the purposes for Special Use review are to:

A.

Provide for public input on decisions involving land uses that may be more intense, less desirable, or potentially more problematic.

B.

Reduce negative impacts of potentially conflicting land uses.

C.

Provide greater flexibility to integrate land uses within the city.

D.

Permit certain land uses that might not otherwise be permitted, provided such uses comply with established standards and specific conditions that may be imposed by the Planning Commission.

(Ord. No. 600, § 1, 1-8-2018)

A.

Application. A petitioner seeking Special Use approval shall file an application with the Zoning Administrator, together with the appropriate fee and required information, not less than thirty (30) days prior to the date of the regular meeting of the Planning Commission at which the Special Use application will be considered. The application shall include the following:

(1)

A detailed description of the proposed Special Use.

(2)

The address and legal description of the property where the Special Use will be located.

(3)

The name, address, phone number and other contact information of:

(a)

The applicant (including the basis of representation).

(b)

The firm or other individuals responsible for the establishment and operation of the special land use.

(c)

The legal owner of the property.

(4)

The signature of the applicant and the date of the application.

(5)

A signed and notarized statement that the applicant is the owner of the property or a signed and notarized statement from the owner that the applicant, the firm or other individuals named in the application have authorization to establish and operate such special land use on the property.

(6)

A site plan with the required information, as set forth in Section 40-7.03.

(7)

A statement addressing compliance with the standards required for approval in Section 40-8.03, Standards for Special Use approval and any specific standards required by the Ordinance for the requested use.

B.

Review. Upon receipt of an application, the Zoning Administrator shall determine if it is complete.

C.

Public Notice and Signage. If complete, a notice of the public hearing and review shall be prepared which:

(1)

Describes the nature of the request.

(2)

Indicates the property that is the subject of the request.

(3)

States when and where the request will be considered.

(4)

Indicates when and where written comments will be received concerning the request.

D.

Public Hearing. The process for Special Use review includes a public hearing and site plan review in accordance with MCL 125.3501 and 125.3502 of the Michigan Zoning Enabling Act, Act 110 of 2006, as amended. The Planning Commission shall hold a public hearing, or hearings, upon any application for a Special Use permit, notice of which shall be in the manner required by Section 40-3.03.

E.

Planning Commission Action.

(1)

At the public hearing, the Planning Commission shall review the application for Special Use approval and shall either approve the application, approve the application with conditions, deny the application, or postpone action.

(2)

The Planning Commission 's decision shall be made a part of the public record and incorporated into a resolution.

(3)

Any conditions required by the Planning Commission for approval shall also be made a part of the public record and incorporated into the resolution.

(4)

The decision of the Planning Commission shall be final. The Zoning Board of Appeals shall have no authority to review Planning Commission decisions regarding a Special Use.

(Ord. No. 600, § 1, 1-8-2018)

A.

Standards. The Planning Commission shall review the particular circumstances and facts of each proposed use, and shall consider the following general standards and any specific standards established for a particular use:

(1)

Compatibility with Adjacent Uses. The Special Use shall be designed and constructed in a manner harmonious with the character of adjacent property and the surrounding area. A Special Use shall be harmonious and not create a significant detrimental impact, as compared to the impacts of permitted uses.

(2)

Compatibility with the Master Plan. The proposed Special Use shall be compatible and in accordance with the goals and objectives of the Master Plan and any associated subarea and corridor plans.

(3)

Traffic Impact. The proposed Special Use shall be located and designed in a manner that will minimize the impact of traffic, taking into consideration: pedestrian access and safety, vehicle trip generation (i.e., volumes), types of traffic, access location, and design, circulation, and parking design, street and bridge capacity, and traffic operations at nearby intersections and access points. Efforts shall be made to ensure that multiple transportation modes are safely and effectively accommodated to provide alternate modes of access and alleviate vehicular traffic congestion.

(4)

Impact on Public Services. The proposed Special Use shall be adequately served by essential public facilities and services, such as: streets, pedestrian or bicycle facilities, police and fire protection, drainage systems, refuse disposal, water and sewage facilities and schools. Such services shall be provided and accommodated without an unreasonable public burden.

(5)

Compliance with Zoning Ordinance Standards. The proposed Special Use shall be designed, constructed, operated, and maintained to meet the stated intent of the zoning districts and shall comply with all applicable ordinance standards.

(6)

Impact on the Overall Environment. The proposed Special Use shall not unreasonably impact the quality of natural features and the environment in comparison to the impact associated with typical permitted uses.

(7)

Special Use Approval Specific Requirements. The general standards and requirements of this Section are basic to all uses authorized by Special Use Approval. The specific and detailed requirements relating to particular uses and area requirements must also be satisfied for those uses.

(8)

Additional Findings. The Planning Commission shall also consider the following factors when reviewing a Special Use request:

(a)

The nature and character of the activities, processes, materials, equipment, or conditions of operation, either specifically or typically associated with the use.

(b)

Public safety, specifically police and fire.

(c)

Vehicular circulation and parking areas.

(d)

Outdoor activity, storage, and work areas.

(e)

Hours of operation.

(f)

Production of traffic, noise, vibration, smoke, fumes, odors, dust, glare, and light.

(Ord. No. 600, § 1, 1-8-2018)

A.

Authority. The Planning Commission, in its review of a request for Special Use approval, may at its discretion impose additional conditions when it is determined that such increases in standards or additional conditions are required to achieve or assure compatibility with adjacent uses and/or structures.

B.

Scope. Conditions that are imposed by the Planning Commission shall:

(1)

Be related to and ensure that all site design standards of Article 10 and any other applicable specific regulations are met.

(2)

Be related to a valid exercise of the police power, and purposes which are affected by the proposed use or activity.

(3)

Be applicable to a property, not property owners, so long as use remains in effect under terms set forth in Section 40-8.06.

(4)

Remain unchanged unless an amendment to the Special Use approval is approved.

C.

A violation of a requirement, condition, or safeguard shall be considered a violation of this ordinance, and grounds for the Planning Commission to terminate such Special Use permit, upon notice and an opportunity to be heard by the permittee.

(Ord. No. 600, § 1, 1-8-2018)

A.

Remain in Force. Receipt of Special Use approval shall continue in force so long as the particular use or activity continues to operate as approved on the approved site, unless otherwise specified in the Planning Commission resolution of approval.

B.

Abandonment. When a use approved under the Special Use approval procedure ceases to function or is abandoned for a period of twelve (12) months, the Special Use approval shall lapse and shall no longer be in effect.

C.

Resubmittal. No application for a Special Use permit which has been denied wholly or in part by the Planning Commission shall be re-submitted for a period of three hundred and sixty-five (365) days from such denial, except on grounds of new evidence or proof of change conditions found by the Planning Commission to be valid.

(Ord. No. 600, § 1, 1-8-2018)

The following provisions apply when there is an amendment or a proposed expansion to approved Special Uses or when there is a proposed change from one Special Use to another:

A.

Amendments. Any applicant who has been granted Special Use approval shall notify the Zoning Administrator of any proposed amendment to the approved site plan. The Zoning Administrator shall determine whether a proposed amendment requires new Special Use approval. A new Special Use approval may be required when such amendment is a departure from the operation or use described in the approved application or causes external impacts such as additional traffic, hours of operation, noise, additional outdoor storage, or display.

B.

Expansions. An expansion of any use requiring a Special Use approval that results in an increase of the building, parking, paved areas, or site area shall require resubmittal in the manner described in this Article. A separate Special Use approval shall be required for each use requiring Special Use approval on a lot, or for any expansions of a Special Use approval.

C.

Change in Use. The applicant shall be responsible for informing the Zoning Administrator of any change in an approved use, operations, or activities prior to any such change. The Zoning Administrator shall determine if a new Special Use approval is required. Change in use shall mean any departure from the operation or use described in the approved application or any change that may cause external impacts such as additional traffic, hours of operation, noise, additional outdoor storage, or display.

(Ord. No. 600, § 1, 1-8-2018)