(a)

The following requirements, and procedures shall apply to the special exception uses; wherever any other provisions of this ordinance are in conflict with this section, the provisions of this section shall prevail. The review and approval of special exception uses shall be performed by the city planning commission, provided however that the conformance of plans, construction, and use to the requirements of this ordinance and the city planning commission's approval shall be reviewed and approved by the administrative official.

(a)

A special exception use is a use that would not be appropriate generally throughout a district without restriction, but which, if controlled as to number, area, location or relationship to environs, and/or conditions, would be appropriate to a particular location. "Special exception uses" are synonymous with "special land uses" as used in the MZEA Act, Act 110, Public Acts of 2006, as amended.

(Ord. No. 2009-07, pt. 2, 3-9-2009)

The application for a special exception use shall cite the provisions of this ordinance under which the special exception is sought and shall include a site plan pursuant to article 27. Upon receipt of an application for a special exception use, after the application has been approved by the city manager as to completeness and form, including the site plan requirements of article 27, a public hearing shall be held by the city planning commission before a decision on the application is made by the city planning commission. The notice of public hearing shall be published in a newspaper of general circulation in the city and shall be sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet regardless of whether the property or occupant is located in the City of Rochester. The notice shall be given not less than 15 days before the application will be considered. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, business or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas or organization, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. The notice shall:

(1)

Describe the nature of the special exception use request.

(2)

Indicate the property, which is the subject of the request. The notice shall include a listing of all existing street addresses within the property.

(3)

State when and where the request will be considered.

(4)

Indicate when and where written comments will be received concerning the request.

(Ord. No. 2009-07, pt. 2, 3-9-2009)

(a)

The city planning commission may deny, approve or approve with conditions, requests for special exception use approval. The decision shall be incorporated in a statement of conclusions and findings relative to the special exception use under consideration and shall specify the basis for the decision, and any conditions imposed.

(Ord. No. 2009-07, pt. 2, 3-9-2009)

(a)

The conditions imposed with respect to the approval shall be recorded in the statement of findings and conclusions and maintained as part of the record of the approval action and shall remain unchanged except upon the mutual consent of the city planning commission and the landowner. The city planning commission shall maintain a record of changes granted in conditions.

(Ord. No. 2009-07, pt. 2, 3-9-2009)

The planning commission shall have the following specific powers and duties concerning uses that are not otherwise listed in the Zoning Ordinance:

(1)

Statement of intent. In some instances, the administration may determine a particular proposed use not specified may be a use inconsistent with the overall planning philosophy and considerations set forth in the Master Plan or Zoning Ordinance that substantiate or enhance the type of residential and commercial growth contemplated for this community. The procedures and standards in this section are intended to provide a consistent and uniform method for review of uses that are not specifically listed in the Zoning Ordinance (henceforth referred to as "regulated uses"), cannot be properly classified in any particular district without consideration in each case of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location.

(2)

Application. The application for regulated uses shall be made on the existing special exception use forms and according to the guidelines provided by the city administration and its consultants. Each application shall be accompanied by the following:

a.

A detailed site plan which shall include all the information required by article 27 of the Zoning Ordinance.

b.

A description of the proposed use of the property.

c.

Other information which the planning commission may reasonably deem necessary for adequate review or is otherwise set forth in this section 2605.

(3)

Applicant. The application shall be submitted by the owner of an interest in land (i.e., a fee owner, lessee or the purchaser under an option to purchase, conditional purchase agreement or similar legal agreement) for which regulated land use approval is sought, or by the owner's designated agent. The applicant or a designated representative shall be present at all scheduled review meetings, or consideration of the proposal may be tabled due to the absence.

(4)

Notice of public hearing. Upon receipt of a complete application, site plan, and attachments, the planning commission shall schedule a public hearing on the request. No more than 15 days and not less than five days prior to the date of the public hearing, a notice of the hearing shall be published in a newspaper of general circulation in the city and shall be sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. The notice shall contain the following:

a.

A description of the nature of the request for a use to be reviewed under the specific section of this section.

b.

A legal description or address and/or an approximate sketch of the property which is the subject of the request.

c.

A statement of when and where the public hearing will be held to consider the request.

d.

A statement as to when and where comments will be received concerning the request.

(5)

Planning commission determination. Following the public hearing, the planning commission shall review the application for the regulated use proposal, together with the public hearing findings and reports and recommendations of the appropriate departments and consultants. The planning commission shall deny, approve, or approve with conditions requests for regulated use approval. Such decision shall include the standards relied upon, finding of fact, conclusions, approval or denial, and conditions, if any, attached to approval. Performance guarantees may be required by the planning commission, in accordance with section 2905, to ensure compliance with approval conditions.

(6)

Standards for granting regulated land use approval. Notwithstanding the applicability of the following standards (general and specific) to the initial application, the planning commission may add conditions as to any particular use to preserve the public health, safety and welfare, except to the extent that the city is preempted from regulating a particular use due to the use being specifically regulated by state or federal regulations:

i.

The submission of a detailed plan of operation/business plan that is sufficiently detailed to the satisfaction of the city attorney or administration.

ii.

The location, scale, and intensity of the proposed use shall be compatible with adjacent uses and zoning of land.

iii.

The proposed 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 to public health, safety, and welfare. Site layout shall be such that operations will not be objectionable to dwellings by reason of noise, fumes, glare or flashing lights.

iv.

[Reserved.]

v.

The proposed special land use shall be compatible and in accordance with the general principles and future land use configuration of the city's master plan and shall promote the intent and purpose of the Zoning Ordinance.

vi.

The proposed use shall promote the use of land in a socially and economically desirable manner. The proposed use shall not adversely impact the social and economic well-being of those who will use the proposed land use or activity; residents and businesses; and landowners immediately adjacent; or the city as a whole.

vii.

The proposed use must not be within 500 feet of a religious institution or building, a school, a nursery, or public library, another similar use or a single or multiple residential properties unless there is a finding that such condition has no adverse impact to the particular use under consideration.

viii.

The proposed use is compatible with the surrounding properties or meets the current zoning regulations of the district or corridor in which it is proposed.

ix.

The proposed use is located in a structure that is in substantial compliance with current zoning and building regulations. If the proposed use is to be located in a building which is not compliant with the current zoning regulations, the building shall be modified to meet the ordinance standards to the extent feasible and shall be required to comply with all building regulations.

x.

The proposed use is not likely to create a nuisance or disturbance to surrounding properties and also will not likely create a greater police presence.

xi.

Where applicable the applicant has outlined a verification procedure which will be in place and will uniformly apply to all patrons/customers (i.e., a business must uniformly and consistently verify age or criminal records where those items are regulated and/or necessary).

xii.

Where applicable, a security system is in place to monitor customer activity both inside and outside the business premises.

xiii.

No owner or investor in the business has been convicted of a felony in the past seven years nor convicted of a misdemeanor involving moral turpitude, fraud, embezzlement, or the providing of false information.

xiv.

Where applicable, the inventory or stock is sufficiently secured from intrusion by outsiders.

Depending upon the specifics or applicability of the request, additional conditions or requirements may be imposed by the planning commission.

(7)

Recording of planning commission action. Each action taken with reference to a regulated land use proposal shall be duly recorded in the minutes of the planning commission. The minutes shall record the findings of fact relative to each special land use proposal, the grounds for action taken, and any conditions imposed in conjunction with approval. All records of proceedings shall be kept on file and made available to the public.

(8)

Effective duration of regulated land use approval. Regulated land use approvals shall be granted to an individual applying for approval. Change in ownership or tenancy of the use will necessitate a review of the proposal by the administration and consultants and if deemed necessary, forwarded to the planning commission for re-review.

(9)

Amendments to regulated land uses. When an application is received to expand or change the use, traffic pattern, or other elements of a regulated land use, the application shall be subject to the same procedures followed for an original approval of the land use.

(10)

Revocation of regulated land use approval. Approval of a regulated land use proposal may be revoked by the planning commission if construction is not in conformance with the approved plans; there is a violation of any conditions on the approval; there is a deviation from the detail of the plan of operation/business plan submitted by the applicant or there is a substantial violation of any law, statute or ordinance applicable to the proposed use. In such a case, the administration shall place the previously approved regulated land use proposal on the agenda of the planning commission for consideration show cause hearing, and give written notice to the applicant at least 30 days prior to the hearing. The applicant shall be given the opportunity to present information to the planning commission. At the conclusion of the hearing, the planning commission shall render its decision with findings and determine what further action shall be taken. Should an adverse finding be made, the planning commission may impose sanctions consisting of reimbursement of expenses incurred by the city related to the hearing. No appeal shall be taken from this hearing except as allowed by law to the circuit court. In the instance of a revocation of the regulated use, such action shall thereafter be sufficient to require any additional similar use to be treated in the manner as though it were an original application for a regulated use under this section of the Zoning Ordinance.

(Ord. No. 2012-02, pt. I, 3-26-2012)