(a)

The formulation and enactment of this chapter is based upon the division of the unincorporated portions of the township into districts in each of which are permitted specified uses which are mutually compatible and permitted by right. In addition to such permitted compatible uses, however, it is recognized that there are certain other uses which it may be necessary or desirable to allow in certain locations in certain districts but which on account of their actual or potential impact on neighboring uses or public facilities need to be carefully regulated with respect to their location for the protection of the township. Such uses, on account of their peculiar locational need or the nature of the service offered, may have to be established in a district in which they cannot be reasonably allowed as a permitted use.

(b)

This chapter, therefore, requires approval of a conditional use permit of each use listed in the several zoning districts as conditional uses and specifies in this article the procedures and standards to be followed in granting such permits. If compliance with the procedures and standards set forth in this article and in article IV of this chapter, the schedule of district regulations, and in article XXIV of this chapter, supplemental district regulations, if applicable, are found, then the right to a conditional use permit shall exist, subject to specific safeguarding conditions as may be imposed by reason of the nature, location, and external effects of such use. No conditional use shall commence until a conditional use permit is issued therefor in accordance with this chapter.

(Ord. of 7-22-2013, § 63.01; Ord. of 6-4-2014, § 63.01)

The township board shall have the authority to grant conditional use permits, subject to such conditions of design and operation, safeguards and time limitations as it may determine for only those conditional uses specified in the various district provisions of this chapter.

(Ord. of 7-22-2013, § 63.02; Ord. of 6-4-2014, § 63.02)

Application for any conditional use permit permissible under the provisions of this chapter shall be made to the township board by filling in the official conditional use permit application form, submitting required data, exhibits and information, and depositing the required fee with the township clerk. Such application shall be accompanied by a fee as set by the township board, except that no fee shall be required of any governmental body or agency. No part of such fee shall be returnable to the applicant.

(Ord. of 7-22-2013, § 63.03; Ord. of 6-4-2014, § 63.03)

An application for a conditional use permit shall contain the following information:

(1)

The applicant's name, address, and telephone number.

(2)

The names and address of all record owners and proof of ownership.

(3)

The applicant's interest in the property, and if not the fee simple owner, a signed authorization from the owner for the application.

(4)

Legal description, address, and tax parcel number of the property.

(5)

A scaled and accurate survey drawing, correlated with the legal description, and showing all existing buildings, drives and other improvements.

(6)

A detailed description of the proposed use.

(7)

A site plan, meeting the requirements of a preliminary site plan, as set forth in section 36-865.

(8)

A written statement from the zoning administrator regarding the existing conditions of the property and its compliance with this chapter.

(Ord. of 7-22-2013, § 63.04; Ord. of 6-4-2014, § 63.04)

Upon receipt of the application and information from the township clerk, the zoning administrator shall set a date for a public hearing thereon, and shall notify the township clerk and applicant of the date. The clerk will then give notice of the public hearing as described in article XXXIII of this chapter.

(Ord. of 7-22-2013, § 63.05; Ord. of 6-4-2014, § 63.05)

The planning commission shall review the application for a conditional use permit in reference to the standards and findings required herein and in relation to the information provided at the public hearing. The planning commission shall recommend approval, approval with conditions, or denial of a conditional use permit application and shall transmit its recommendations, together with a report, to the township board. The report shall contain the planning commission's analysis of the application in relation to the required standards and findings, and shall include a summary of the findings made as a result of the public hearings.

(Ord. of 7-22-2013, § 63.06)

The planning commission and the township board shall review the particular circumstances and facts of each proposed use in terms of the following standards and required findings, and with respect to any additional standards set forth in article XXIV of this chapter, and shall find and record adequate data, information and evidence showing that such a use on the proposed site, lot or parcel:

(1)

Will be harmonious with and in accordance with the general objectives, intent and purposes of this chapter;

(2)

Will be designed, constructed, operated, maintained and managed so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity;

(3)

Will be compatible with the natural environment and existing and future land uses in the vicinity;

(4)

Will be compatible with the township land use development plan;

(5)

Will be served adequately by essential public facilities and services, such as highways, streets, police, and fire protection, drainage structures, refuse disposal or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service;

(6)

Will not be hazardous or disturbing to existing or future neighboring uses; and

(7)

Will not create excessive additional requirements at public cost for public facilities and services.

(Ord. of 7-22-2013, § 63.07)

In approving a conditional use permit, the township board may impose conditions it deems necessary to achieve the objectives and standards of this chapter, the standards of the Michigan zoning enabling act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.), and the public health, safety and welfare of the township. Failure to comply with any such conditions shall be a violation of this chapter. An approved conditional use permit, including all attached conditions, shall run with the land in the approval and shall be binding upon all successors and assigns. The conditions shall remain unchanged except upon mutual consent of the township board and the landowner. Any such changes shall be entered into township records and recorded in the minutes of the township board meeting at which the action occurred. A public hearing shall be held on any proposed changes, as required for original application.

(Ord. of 7-22-2013, § 63.08)

(a)

Continuation. Any use lawfully existing on the date of adoption of the ordinance from which this chapter is derived, or an amendment thereof, and that is permitted as a conditional use under this chapter or amendment shall be deemed a conforming use, and may continue without approvals required in this article.

(b)

Expansion of a conditional use shall require a conditional use permit.

(Ord. of 7-22-2013, § 63.09)

No application for a conditional use permit which has been denied wholly or in part by the township board shall be resubmitted for a period of 365 days from such denial, except on grounds of new evidence or proof of changed conditions found by the township board to be valid.

(Ord. of 7-22-2013, § 63.10)

The township board may, after hearing and cause shown, revoke a conditional use permit in case of false statement or misrepresentation of fact on which the permit was approved, or in case of failure to correct violations of this chapter, or in case of lack of compliance with the approved site plan or any conditions of the permit.

(Ord. of 7-22-2013, § 63.11)