The procedures and standards in this article are intended to provide a consistent and uniform method for review of proposed plans for special land uses. Special land uses are uses, either public or private, which possess unique characteristics and therefore cannot be properly classified as a permitted use in a particular zoning district (see Definitions, article 3.00). This article contains standards for review of each special land use proposal individually on its own merits to determine if it is an appropriate use for the district and specific location where it is proposed.

Special land use proposals shall be reviewed in accordance with the procedures in article 5.00 for site plan review, except as follows:

A.

Public hearing required. The township administration (supervisor or his/her designee) shall schedule a public hearing in accordance with section 4.05.

B.

Planning commission final action. The planning commission shall review the application for special land use, together with the public hearing findings and reports and recommendations from the building official, township planner, township public safety department, township engineer, and other reviewing agencies. The planning commission shall then make a recommendation to the township board, based on the requirements and standards of this Ordinance. The planning commission may recommend approval, approval with conditions, or denial as follows:

1.

Approval. Upon determination by the planning commission that the final plan for special land use is in compliance with the standards and requirements of this Ordinance and other applicable ordinances and laws, the planning commission shall recommend approval.

2.

Approval with conditions. The planning commission may recommend that the township board impose reasonable conditions upon the approval of a special land use, to the extent authorized by law, for the purposes of insuring that public services and facilities affected by the proposed development will be capable of accommodating increased public service loads caused by the development, protecting the natural environment and conserving natural resources and energy, insuring compatibility with adjacent uses of land, and promoting the use of land in a socially and economically desirable manner. Conditions imposed shall be designed to protect natural resources and the public health, safety and welfare of individuals in the development and those immediately adjacent, and the community as a whole. Conditions imposed shall also be necessary to meet the intent and purpose of this Ordinance.

3.

Denial. Upon determination by the planning commission that a special land use proposal does not comply with the standards and regulations set forth in this Ordinance, or otherwise would be injurious to the public health, safety, welfare, and orderly development of the township, the planning commission shall recommend denial.

C.

Township board action required. The planning commission shall transmit its recommendation, together with reports and public hearing findings to the township board for final action. The township board shall base its decision solely on the requirements and standards of this Ordinance. The township board is authorized to approve, approve with conditions, or deny a special land use proposal as follows:

1.

Approval. Upon determination that a special land use proposal is in compliance with the standards and requirements of this Ordinance and other applicable ordinances and laws, approval shall be granted.

2.

Approval with conditions. The township board may impose reasonable conditions with the approval of a special land use. The conditions may include provisions necessary to insure that public services and facilities affected by a proposed special land use or activity will be capable of accommodating increased service and facility loads generated by the new development, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:

a.

Conditions shall be designed to protect natural resources, the health, safety, welfare, and 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 of activity.

c.

Conditions shall be necessary to meet the intent and purpose of the Zoning Ordinance, related to the standards established in the ordinance for the land use or activity under consideration, and necessary to insure compliance with those standards.

3.

Denial. Upon determination by the township board that a special land use proposal does not comply with the standards and regulations set forth in this Ordinance, or otherwise will be injurious to the public health, safety, welfare, and/or orderly development of the township, a special land use proposal shall be denied.

(Ord. No. 03-12, pt. 2.A., 8-6-2012)

Approval of a special land use proposal shall be based on the determination that the proposed use will comply with all applicable requirements of this Ordinance, including site plan review criteria set forth in article 5.00, applicable site development standards for specific uses set forth in article 19.00, and the following standards:

A.

Compatibility with adjacent uses. The proposed special land use shall be designed, constructed, operated and maintained to be compatible with uses on surrounding land. The site design of the proposed special land use shall minimize the impact of site activity on surrounding properties. In determining whether this requirement has been met, consideration shall be given to:

1.

The location and screening of vehicular circulation and parking areas in relation to surrounding development.

2.

The location and screening of outdoor storage, outdoor activity or work areas, and mechanical equipment in relation to surrounding development.

3.

The hours of operation of the proposed use. Approval of a special land use may be conditioned upon operation within specified hours considered appropriate to ensure minimal impact on surrounding uses.

4.

The bulk, placement, and materials of construction of the proposed use in relation to surrounding uses.

5.

Proposed landscaping and other site amenities. Additional landscaping over and above the requirements of this Ordinance may be required as a condition of approval of a special land use.

B.

Compatibility with the master plan. The proposed special land use shall be consistent with the general principles and objectives of the township's master plan and shall promote the intent and purpose of this Ordinance.

C.

Public services. The proposed special land use shall be located so as to be adequately served by essential public facilities and services, such as highways, streets, police and fire protection, drainage systems, water and sewage facilities, and schools, unless the proposal contains an acceptable plan for providing necessary services or evidence that such services will be available by the time the special land use is established.

D.

Impact of traffic. The location of the proposed special land use within the zoning district shall minimize the impact of the traffic generated by the proposed use. In determining whether this requirement has been met, consideration shall be given to the following:

1.

Proximity and access to major thoroughfares.

2.

Estimated traffic generated by the proposed use.

3.

Proximity and relation to intersections.

4.

Adequacy of driver sight distances.

5.

Location of and access to off-street parking.

6.

Required vehicular turning movements.

7.

Provisions for pedestrian traffic.

E.

Detrimental effects.

1.

The proposed special land use shall not involve any activities, processes, materials, equipment, or conditions of operation, and shall not be located or designed so as to be detrimental or hazardous to public health, safety and welfare.

2.

In determining whether this requirement has been met, consideration shall be given to the level of traffic, noise, vibration, smoke, fumes, odors, dust, glare and light.

F.

Isolation of existing uses. The location of the proposed special land use shall not result in a small residential area being substantially surrounded by nonresidential development, and further, the location of the proposed special land use shall not result in a small nonresidential area being substantially surrounded by incompatible uses.

G.

Based on need. The planning commission and township board shall find that a need for the proposed use exists in the community at the time the special land use application is considered.

H.

Economic well-being of the community. The proposed special land use shall not be detrimental to the economic well-being of those who will use the land, residents, businesses, landowners, and the community as a whole.

I.

Compatibility with natural environment. The proposed special land use shall be compatible with the natural environment and conserve natural resources and energy.