The formulation and enactment of the Zoning Ordinance is based upon the division of the City into zoning districts, in each of which are permitted specified uses which are considered to be mutually compatible. In addition to permitted compatible uses there are certain other uses which may be necessary or desirable to allow in certain locations within certain districts; but because of their actual or potential impacts on neighboring uses or public facilities, there is a need to carefully regulate them with respect to their location, site design, and operations. These uses, due to their peculiar locational needs or the nature of the service offered, may be established in a district where they cannot be reasonably allowed as a permitted use, but may be allowed on a case-by-case basis as special land uses upon a finding that the standards of this Article are met.

A.

Special land uses are uses considered to be more intense, or potentially more disruptive, compared to the various uses permitted by right in a particular zoning district. The uses classified as special land uses vary by district and are listed in the regulations of each zoning district. The special land use procedures and standards are intended to provide a procedure by which special land uses can be evaluated to determine their potential impacts; ensure impacts can be accommodated within the environmental, infrastructure, and public services capacities of the area; provide site design and operational standards to minimize any negative impact on adjoining or nearby properties; and provide for public input through a public hearing.

(ord. eff. April 24, 2021)

In all cases, the power to grant special land use approval is vested in the Planning Commission. All applications for special land use approval shall first be forwarded by the Community Development Department to the Planning Commission for review and processing. The application shall be submitted in the number of copies required and accompanied by the same number of site plans, all prepared and filed to meet the requirements of Article 11.

The Planning Commission shall review the application after proper notice has been given as required by the Michigan Zoning Enabling Act and approve or deny the application. Approval may require conditions the Commission may find necessary; disapproval of the application will be accompanied by reasons in writing. If a public hearing is to be held as provided by State law, then the Planning Commission, after proper notice, shall hear any person wishing to express an opinion on the application.

(ord. eff. April 24, 2021)

The Planning Commission shall review each case individually as to its applicability and must find affirmatively to each of the following standards of the proposed land use if it is to be approved.

1.

The proposed use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood and applicable regulations of the zoning district in which it is to be located.

2.

The proposed use shall be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular turning movements in relation to routes of traffic flow, proximity and relationship to intersections, adequacy of sight distances, location and access of off-street parking and provisions for pedestrian traffic, with particular attention to minimizing pedestrian-vehicle conflicts.

3.

The proposed use shall be designed as to the location, size, intensity, site layout and periods of operation of any such proposed use to eliminate any possible nuisance emanating therefrom which might be noxious to the occupants of any other nearby uses permitted, whether by reason of dust, noise, fumes, vibration, smoke or lights.

4.

The proposed use shall be such that the proposed location and height of buildings or structures and location, nature and height of walls, fences and landscaping will not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.

5.

The proposed use shall relate harmoniously with the physical and economic aspects of adjacent land uses as regards prevailing shopping habits, convenience of access by prospective patrons, continuity of development, and need for particular services and facilities in specific areas of the City.

6.

The proposed use is necessary for the public convenience at the proposed location.

7.

The proposed use is so designated, located, planned and operated so that the public health, safety and welfare will be protected.

8.

The proposed use shall not cause substantial injury to the value of other property in the vicinity in which it is to be located and will not be detrimental to existing and/or other permitted land uses in the zoning district.

(ord. eff. April 24, 2021)

1.

Approval. If the Planning Commission determines that the particular special land use(s) should be allowed, it shall endorse its approval thereof on the written application and clearly set forth in writing thereon the particular use(s) which shall be allowed. Thereafter, the enforcing officer may issue a building permit in conformity with the particular special land use(s) so approved. In all cases where a particular special land use has been granted as provided herein, application for a building permit in pursuance thereof must be made and received by the City not later than one year thereafter, or such approval shall automatically be revoked. The Planning Commission may grant an extension thereof for good cause shown under such terms and conditions and for such period of time not exceeding one year as it shall determine to be necessary and appropriate.

2.

Denial. If the Planning Commission shall determine that the particular special land use(s) requested does not meet the standards of this Ordinance, it shall deny the application by a written endorsement thereon which clearly sets forth the reason for such denial.

3.

Record. The decision on a special land use shall be incorporated in a statement of conclusions relative to the special land use under consideration. The decision shall specify the basis for the decision and any conditions imposed.

4.

Hearings. The Planning Commission shall investigate the circumstances of each such case and give notice of the time and place of any hearing, meeting or review which may be held relative thereto as required by State law and/or its rules or procedure.

5.

Conditions. The Planning Commission may impose such conditions or limitations in granting approval as may be permitted by State law and this Ordinance which it deems necessary to fulfill the spirit and purpose of this Ordinance. The conditions may include conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the 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. Conditions imposed shall do all of the following:

a.

Be designed to protect natural resources, the health, safety and welfare, as well as the 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.

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 the zoning regulations; be related to the standards established in this Ordinance for the land use or activity under consideration; and be necessary to insure compliance with those standards.

6.

Once a Special Land Use has been approved, no Zoning Board of Appeals requests shall be permitted. Any changes in the development plans must be made in accordance with revision procedures contained herein.

(ord. eff. April 24, 2021)

1.

Major Amendments: Any person or agency who has been granted a special land use shall notify the Community Development Department of any proposed amendment. A major amendment to a special land use shall require submittal of a new application for special land use and follow the review procedures contained in this Article. The Community Development Director shall determine whether the proposed amendment constitutes a minor or major amendment based on the following standards:

a.

Changes increase the buildings usable floor area by more than twenty five percent (25%);

b.

Parking lots are expanded by more than twenty five percent (25%);

c.

The occupancy, capacity or membership of the use is increased by more than twenty five percent (25%);

d.

The use is expanded to occupy an additional twenty five percent (25%) or more land area;

e.

The expansion will result in a twenty five percent (25%) or more increase in traffic generation;

f.

The expansion will result in a twenty five percent (25%) or more increase in the demand for public water or sewer; or,

g.

Other similar types of changes deemed by the Community Development Department to be "major".

2.

Minor Amendment: Minor amendment to an approved special land use does not require submittal of a new application for a special land use, but may require submittal of a site plan following the requirements of Article 11.

3.

Change in Use: Change to another special land use shall require submittal of a new application for special land use and follow the review procedures contained in this Article.

4.

Separate Approval. A separate special land use approval shall be required for each use requiring such on a lot.

(ord. eff. April 24, 2021)

No application for a special land use which has been denied wholly or in part shall be resubmitted for a period of one (1) year from the date of denial, except on the grounds of new evidence or proof of changed conditions relating to all of the reasons noted for the denial found to be valid by the Planning Commission. A resubmitted application shall be considered a new application.

(ord. eff. April 24, 2021)