Michiana City Zoning Code
ARTICLE XII
Special Land Uses
§ 360-92 Purpose.
It is the purpose of this article to provide a set of procedures and standards for specific uses of land or structures that will allow, on one hand, practical latitude for the landowner, investor or developer, but that will, at the same time, promote the purpose of this chapter and ensure that the land use or activity authorized shall be compatible with adjacent uses of land, the natural environment, and the capacities of public services and facilities affected by the land uses. In order to provide control and reasonable flexibility, this article permits detailed review of certain specified types of land use activities, referred to as "special land uses," which, because of their particular and unique characteristics, require special consideration in relation to the welfare of adjacent properties and to the community as a whole. Land uses and structures possessing these characteristics may be authorized within certain zoning districts as specified in Article IV, Zoning Districts; District Regulations; Zoning Map, by the issuance of a compliance certificate for a special land use. This article establishes a review process that requires the application material to final action by the Village Council.
§ 360-93 Review procedure.
The review procedures for an application for a special land use shall be identical to the review and approval procedures for site plans according to Article XI, including the information to be submitted, the determination of application completeness, the Village Council taking final action on the preliminary site plan/special land use application, the time period for which a preliminary application approval is valid prior to a final application submittal, except as otherwise provided or clarified below:
A.
An application for a zoning compliance certificate for a special land use shall require Village Council action on a preliminary application and final application.
B.
An application for a compliance certificate for a special land use shall consist of the following:
(1)
An application form available from the Zoning Administrator.
(2)
A site plan prepared according to § 360-86B or, in the case of a preliminary site plan, according to § 360-86A.
(3)
A detailed description of the proposed project, in narrative form.
C.
Upon finding that the application materials are complete, the Village Council shall hold a public hearing on such application. Notice of the hearing shall comply with § 360-16. A recommendation on a special land use shall be incorporated in a statement of findings and conclusions relative to the special land use which specifies the basis for the decision and any conditions imposed.
D.
The Village Council shall deny, approve or approve with conditions the application for special land use/site plan approval. The decision on the application shall be incorporated in a statement of findings and conclusions relative to the special land use which specifies the basis for the decision and any conditions imposed. In arriving at its decision, the Village Council shall refer to the approval standards set forth in § 360-97 in addition to those specified for site plan approval (§ 360-87).
§ 360-94 Appeals.
A person aggrieved in association with a special land use decision may appeal the special land use application decision to the Circuit Court only.
§ 360-95 Reapplication.
No application for a compliance certificate for a special land use which has been denied wholly or in part by the Village Council shall be resubmitted until the expiration of one year from the date of such denial, except on the grounds of newly discovered evidence or proof of changed conditions having bearing on the basis for the original action, as determined by the Village Council. A reapplication shall require a new fee, and the process will follow all provisions of § 360-93.
§ 360-96 Changes.
A.
Site plan. Changes to the approved site plan shall comply with the application and review procedures of § 360-89. In the case where a proposed site plan change constitutes a major change according to § 360-89, the Village Council shall hold a public hearing on such site plan change according to the notice requirements of § 360-93C. If the Village Council determines that such major change would alter the essential character of the site plan, the proposed change shall not occur until such change is applied for and approved according to the application and review procedures of § 360-93.
B.
Use or activity. A change in the character of the use or activity from what the originally approved compliance certificate for special land use authorized shall not occur until such change is applied for and approved according to the application and review procedures of § 360-93. Examples requiring a new application and review procedure include the addition of land to the legal description of the original compliance certificate for the special land use; the establishment of another special land use; an expansion or increase in intensity of use, including but not necessarily limited to additional floor area and building additions.
§ 360-97 Approval standards.
A.
General standards. No special land use application shall be approved except where the proposed use and development complies with the following standards:
(1)
Be harmonious with and in accordance with the Master Plan of the Village.
(2)
Be harmonious with and in accordance with the general objectives, intent and purposes of this chapter.
(3)
Be of such character to be compatible with adjacent conforming uses of land.
(4)
Be designed, constructed, operated and maintained so as to be appropriate in appearance and harmonious with the existing or intended character of the general vicinity. In determining whether this requirement has been met, consideration shall be given to:
(a)
The bulk, placement and materials of construction of proposed structures.
(b)
Pedestrian and vehicular circulation.
(c)
The location of vehicular use and parking areas.
(d)
The requirements for on-street parking.
(5)
Not be hazardous or disturbing to existing or future uses in the same general vicinity.
(6)
Be served adequately by essential public facilities and services such as roads, police, fire protection, drainage structures, refuse disposal, water and sewage facilities, and schools; and minimize the impact of traffic generated by the proposed development on adjacent properties.
(7)
Not involve uses, activities, processes, materials and equipment or conditions of operation that will be detrimental to any person, property or general welfare by reason of excessive production of traffic, noise, glare and odors.
(8)
Not involve uses, activities, processes, materials and equipment or conditions of operation that will be detrimental to the natural environment, including air, soil, surface water and groundwater resources.
(9)
Not create excessive additional requirements at public cost for public facilities and services.
(10)
Comply with the site plan approval standards of § 360-87.
B.
Specific standards. In addition to compliance with the above standards in Subsection A, special land uses shall comply with the standards and regulations applicable to each specific special use as identified in Article IV.