Pittsfield Charter Township
City Zoning Code
City Zoning Code
ARTICLE X
Conditional Use Review
§ 40-10.01 Purpose.
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. 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.
§ 40-10.02 Authority to grant permits.
The Planning Commission 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 all conditional uses specified in the various district provisions of this chapter.
§ 40-10.03 Procedure.
A.
Application. A petitioner seeking conditional use approval shall file an application with the Township Zoning Administrator, together with the appropriate fee and required information, not less than 30 days prior to the date of the regular meeting of the Planning Commission, at which the conditional use application will be considered. The following information shall also be submitted:
(2)
A statement with regard to compliance with the criteria required for approval in § 40-10.04, Required standards and findings for making determinations, and any specific standards required by the chapter for the requested use.
(3)
Failure to provide the required information and materials as a part of the application for conditional use approval shall render the application deficient, and said application shall be held in abeyance until the petitioner submits all required items. The Township Zoning Administrator may waive the submission of a site plan where such information is not material to Planning Commission action, specifically where no physical changes to the site are proposed.
B.
Public hearing. The Planning Commission shall hold a public hearing, or hearings, upon any application for a conditional use permit, notice of which shall be in the manner required by § 40-3.05.
C.
Planning Commission action.
(1)
At the public hearing, the Planning Commission shall review the application for conditional use approval and shall either approve the application, approve the application with conditions, deny the application, or postpone action.
(2)
The Planning Commission's decision shall be made a part of the public record and incorporated into a resolution that includes a statement of findings and conclusions relative to the conditional land use which specifies the basis for the decision.
(3)
Any conditions required by the Planning Commission for approval shall also be made a part of the public record and incorporated into the resolution.
(4)
The decision of the Planning Commission shall be final. The Zoning Board of Appeals shall have no authority to review Planning Commission decisions regarding conditional land use.
§ 40-10.04 Required standards and findings for making determinations.
A.
Standards. The Planning Commission shall review the particular circumstances and facts of each proposed use, and shall consider the following general standards and any specific standards established for a particular use.
(1)
Compatibility with adjacent uses. The conditional use shall be designed and constructed in a manner harmonious with the character of adjacent property and the surrounding area. A conditional use shall be harmonious and not create a significant detrimental impact, as compared to the impacts of permitted uses.
(2)
Compatibility with the Master Plan. The proposed conditional use shall be compatible and in accordance with the goals and objectives of the Master Plan and any associated subarea and corridor plans.
(3)
Traffic impact. The proposed conditional use shall be located and designed in a manner which will minimize the impact of traffic, taking into consideration: pedestrian access and safety; vehicle trip generation (i.e., volumes); types of traffic, access location, and design, circulation, and parking design; street and bridge capacity; and traffic operations at nearby intersections and access points. Efforts shall be made to ensure that multiple transportation modes are safely and effectively accommodated in an effort to provide alternate modes of access and alleviate vehicular traffic congestion. The applicant shall comply with the Township's Complete Street Ordinance (Ch. 28, Art. I).
(4)
Impact on public services. The proposed conditional use shall be adequately served by essential public facilities and services, such as: streets; pedestrian or bicycle facilities; police and fire protection; drainage systems; refuse disposal; water and sewage facilities; and schools. Such services shall be provided and accommodated without an unreasonable public burden.
(5)
Compliance with chapter standards. The proposed conditional use shall be designed, constructed, operated, and maintained to meet the stated intent of the zoning districts and shall comply with all applicable ordinance standards.
(6)
Impact on the overall environment. The proposed conditional use shall not unreasonably impact the quality of natural features and the environment in comparison to the impacts associated with typical permitted uses.
(7)
Conditional use approval specific requirements. The general standards and requirements of this section are basic to all uses authorized by conditional use approval. The specific and detailed requirements relating to particular uses and area requirements must also be satisfied for those uses.
B.
Additional findings. The Planning Commission shall also consider the following factors when reviewing a conditional use request:
(1)
The nature and character of the activities, processes, materials, equipment, or conditions of operation, either specifically or typically associated with the use.
(2)
Public safety, specifically police and fire.
(3)
Vehicular circulation and parking areas.
(4)
Outdoor activity, storage, and work areas.
(5)
Hours of operation.
(6)
Production of traffic, noise, vibration, smoke, fumes, odors, dust, glare, and light.
§ 40-10.05 Conditions of approval.
A.
Authority. The Planning Commission, in its review of a request for conditional use approval, may at its discretion impose additional conditions when it is determined that such increases in standards or additional conditions are required to achieve or assure compatibility with adjacent uses and/or structures.
B.
Scope. Conditions that are imposed by the Planning Commission shall:
(1)
Be related to and ensure that the review considerations of § 40-10.04 and the applicable specific regulations are met.
(2)
Conditional use approval is applicable to a property, not property owners, so long as the use remains in effect under terms set forth in § 40-10.06.
(3)
Remain unchanged unless an amendment to the conditional use approval is approved.
C.
A violation of a requirement, condition, or safeguard shall be considered a violation of this chapter, and grounds for the Planning Commission to terminate and cancel such conditional use permit.
§ 40-10.06 Effectiveness.
A.
Remain in force. Upon receipt of final site plan approval, conditional use approval shall continue in force so long as the particular use or activity continues to operate as approved on the approved site, unless otherwise specified in the Planning Commission resolution of approval.
B.
Expiration. Any conditional use approval granted by the Planning Commission shall expire unless a preliminary site plan effectuating the conditional use is submitted within two years of the date of approval.
C.
Abandonment. When a use approved under the conditional use approval procedure ceases to function or is abandoned for a period of 12 months, the conditional use approval shall lapse and shall no longer be in effect.
D.
Resubmittal. No application for a conditional use permit which has been denied wholly or in part by the Planning Commission 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 Planning Commission to be valid.
§ 40-10.07 Amendments, expansions, or change in use.
The following provisions apply when there is an amendment or a proposed expansion to approved conditional use or when there is a proposed change from one conditional use to another.
A.
Amendments. Any applicant who has been granted conditional use approval shall notify the Zoning Administrator of any proposed amendment to the approved site plan. The Township Zoning Administrator shall determine whether a proposed amendment requires new conditional use approval. New conditional use approval may be required when such amendment is a departure from the operation or use described in the approved application or causes external impacts such as additional traffic, hours of operation, noise, additional outdoor storage, or display.
B.
Expansions. An expansion of any use requiring a conditional use approval that results in an increase of 10% or more of the building, parking, paved areas, or site area shall require resubmittal in the manner described in this article. A separate conditional use approval shall be required for each use requiring conditional use approval on a lot, or for any expansions of a conditional use approval.
C.
Change in use. The applicant shall be responsible for informing the Township Zoning Administrator of any significant change in an approved use, operations, or activities prior to any such change. The Township Zoning Administrator shall determine if a new conditional use approval is required. A significant change shall mean any departure from the operation or use described in the approved application or any change that may cause external impacts such as additional traffic, hours of operation, noise, additional outdoor storage, or display.