The purpose of this chapter is to provide regulations for uses that are not necessarily incompatible with uses permitted by right in a given district but which should not be permitted without restrictions or conditions being imposed because of unique problems presented by the use itself or its particular location to neighboring properties. The special use permit procedure established herein is designed to allow the Planning Commission to review and act upon any application for a special use permit.

(Ord. 390. Passed 3-6-01; Ord. 588. Passed 7-2-24.)

   The Planning Commission shall have the power to hear and decide such questions as are involved in determining whether special use permit applications should be granted, to approve special use permit applications with such conditions and safeguards as are appropriate under this chapter, or to deny special use permit applications where not in harmony with the purpose and intent of this chapter.

(Ord. 390. Passed 3-6-01; Ord. 588. Passed 7-2-24.)

   Application for a special land use shall be submitted and processed under the following procedures:

   (a)   An application shall be submitted to the Planning Commission on a form for that purpose. Each application shall be accompanied by the payment of a fee and escrow as determined by resolution of the City Council.

   (b)   Applications for a special land use permit shall also accompany a site plan containing the information for final site plans required by Chapter 1276.

   (c)   The Planning Commission may also require that the applicant provide additional information about the proposed use. Such information may include, but shall not be limited to, traffic analysis, environmental impact analysis, an economic analysis justifying the need for a proposed commercial use or uses, impact on public utilities and services, and effect on the public school system.

   (d)   A public hearing shall be held upon receipt of an application for a special land use. The public hearing shall comply with the Michigan Zoning Enabling Act, PA 110 of 2006, as amended, and the other provisions of this section concerning public notification.

            1.   The owner of the property for which approval is being considered and the applicant, if different than the property owner.

            2.   Except for rezoning requests that are proposed for eleven (11) or more adjacent parcels, the notice shall be sent to all persons to whom property is assessed within three hundred (300) feet of the boundary of the property subject to the request, regardless of whether the property or occupant is located within the municipal boundaries of the City. If the name of the occupant is not known, the term "occupant" may be used to make the notification. In the case of a single structure containing more than four (4) dwelling units or other distinct spatial 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. In structures containing four (4) or fewer dwelling units, only one (1) occupant of each unit must be given notice of the public hearing.

            3.   All neighborhood organizations, public utility companies, airports, railroads, and other persons who have requested to receive notice pursuant to this section.

         A.   Describe the nature of the request.

         B.   Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the subject property. Street addresses do not need to be created and listed if no such addresses currently exist for the property. If there are no street addresses, other means of identification may be used, such as a tax parcel identification number, identifying the nearest cross streets, or including a map showing the property's location.

         C.   Indicate the public hearing date, time, and place.

         D.   Include a statement describing when and where written comments will be received concerning the request and a statement that the public may appear at the public hearing in person or by counsel.

   (e)   Following the public hearing or within a reasonable time thereafter, the Planning Commission shall deny, approve, or approve, with conditions, the request for a special land use. The decision shall be incorporated in a statement containing the findings relative to the special land use under consideration, which specifies the basis for the decision and any conditions imposed.

         The decision of the Planning Commission rendered pursuant to the request shall be final unless such decision is reversed or modified by a court of competent jurisdiction. The Board of Zoning Appeals is without jurisdiction to accept appeals or grant variances from the decision of the Planning Commission.

(Ord. 390. Passed 3-6-01; Ord. 443. Passed 1-2-07; Ord. 469. Passed 10-6-09; Ord. 588. Passed 7-2-24.)

   The following general standards shall serve as the basis for decisions by the Planning Commission involving special land use permits. The Commission shall find that, in addition to specific standards for a particular use, the proposed use shall:

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

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

   (c)   Not create excessive additional requirements for public facilities and services at public cost.

   (d)   Not involve uses, activities, processes, materials, equipment, or conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors.

   (e)   Be consistent with the intent and purpose of the zoning district where such use will be located.

(Ord. 390. Passed 3-6-01; Ord. 588. Passed 7-2-24.)

   Reasonable conditions may be imposed with approval of a special land use. The conditions may include conditions necessary to ensure that public services and facilities will be capable of accommodating increased service and facility loads caused by the proposed land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. The conditions imposed shall meet all of the following requirements:

   (a)   Be designed to protect natural resources, the health, safety, and welfare, and the social and economic well-being of those who will exercise 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)   Be related to the valid exercise of the police power, and purposes which are affected by the proposed use or activity.

   (c)   Be necessary to meet the intent and purpose of this Zoning Code, be related to any standards established in this Zoning Code for the land use or activity under consideration, and ensure compliance with those standards.

   (d)   The conditions imposed shall be recorded in the record of the approval action and shall remain unchanged except as provided by law.

(Ord. 390. Passed 3-6-01; Ord. 588. Passed 7-2-24.)

   A special land use permit shall expire one year after it is granted unless construction is complete or commencement of the use has substantially begun. The Planning Commission may, upon request by the applicant and for good cause shown, extend the term of the special land use by successive periods of up to one year each upon a finding that there have been no changed conditions in the area, which would require reconsideration of the special land use application or site plan.

(Ord. 390. Passed 3-6-01; Ord. 588. Passed 7-2-24.)

   If a violation of any of the conditions or standards imposed on a special land use is found to exist following inspection, the Zoning Administrator shall notify the owner of the premises of the special land use and the Planning Commission that such violation exists and that the permit will be revoked within fifteen days of such notification. If said violation is not corrected within fifteen days, the Planning Commission may, following a noticed hearing and reasonable opportunity to be heard by the property owner, revoke the special land use permit. Furthermore, such a violation is hereby declared to be a violation of this Zoning Code, subject to all of the remedies and penalties provided for in this Zoning Code.

(Ord. 390. Passed 3-6-01; Ord. 588. Passed 7-2-24.)

   The following provisions are standards and requirements for specific land uses that must be satisfied to qualify for a special land use, in addition to the general standards outlined in this chapter.

(Ord. 08-2002-07. Passed 9-3-02; Ord. 588. Passed 7-2-24.)

   (a)   The term "lodger" is defined as a person who rents a room in a bed and breakfast for fewer than 30 consecutive days.

   (b)   There shall be a minimum lot size of 8,000 square feet in area and a minimum street frontage of 65 linear feet.

   (c)   The minimum livable area of the building must be 2,500 square feet.

   (d)   A site plan to scale shall be submitted showing property lines, structures, driveways, parking area, and sign, along with dimension drawings showing the interior room layout or arrangement, size, entrances, and exits of the structure.

   (e)   Easily accessible off-street parking must be available in the following proportion:

      (1)   Two (2) off-street parking spaces for the owner/occupant/innkeeper; and

      (2)   One (1) off-street parking space for each bedroom available for rent.

   (f)   There shall be a minimum distance of 1,500 feet from the property line to the property line of an existing bed and breakfast facility.

   (g)   Smoke detectors shall be installed and maintained in operable condition in locations where local, county, state, or federal agencies require them to protect the lodgers reasonably.

   (h)   All present or future city, county, state, or federal laws regarding regulations for building, health, safety, and welfare as they relate to bed and breakfast shall be required to be followed.

   (i)   All present or future city, county, state, or federal inspections required of a bed and breakfast shall be completed and approved prior to occupancy, along with any other required periodic or timely inspections presently required or required in the future.

   (j)   A residential structure shall not have been or be converted to more rental rooms than the number of bedrooms existing in said structure at the time of enactment of this Section and adequate living space must be preserved for the manager's, innkeeper's or owner's quarters.

   (k)   Additions to a structure to provide additional rental rooms shall not be allowed unless made a part of said approval when granted.

   (l)   Only one identification two-faced sign not to exceed eight square feet shall be allowed if made a part of the application with approval granted.

(Ord. 08-2002-07. Passed 9-3-02; Ord. 588. Passed 7-2-24.)