Special land uses are generally consistent with the purpose of the zoning district in which they are permitted but, due to specific operational characteristics, may not be desirable or compatible in all locations. Factors such as traffic, hours of operation, noise, odor, or similar potential effects require that the special use be evaluated relative to its appropriateness on a case-by-case basis. Therefore, special uses may be permitted within a zoning district, with Planning Commission approval, following a review of the use and its potential impact on its surroundings. This chapter establishes the review procedures for special land uses and the general standards that must be met for all special uses. Specific requirements that may be necessary to mitigate potential negative impacts for individual special land uses are found in Chapter 9.

A.

Application. Application for special land use approval shall be made to the zoning administrator on a form for that purpose, along with a site plan as required by Chapter 14, and payment of the application fee. Incomplete applications will be returned to the applicant and not processed further.

B.

Review.

1.

Upon determining that the special land use application is complete, the zoning administrator shall cause notice to be given for a public hearing, in accordance with the requirements of the Michigan Zoning Enabling Act.

2.

Following notice, the Planning Commission shall conduct a public hearing regarding the special land use application.

3.

The Planning Commission may approve, approve with conditions, or deny the special land use request, based upon review and consideration of materials submitted with the application, comments received at the public hearing, conformance with the general criteria of Section 8.3A., and compliance with the applicable special use requirements for the requested use.

A.

General Criteria. The Planning Commission shall approve, or approve with conditions, a special land use request only upon a finding that all of the following general criteria for approval are satisfied:

1.

The use is designed and constructed, and will be operated and maintained, to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, will be compatible with adjacent uses of land, and will not change the essential character of the area in which it is proposed.

2.

The use is or will be served adequately by public services and facilities, including, but not limited to streets, police and fire protection, drainage structures, refuse disposal, water and sewer facilities, and schools.

3.

The use does not involve activities, processes, materials and equipment, or conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of traffic, noise, smoke, fumes, glare, or odors.

4.

The use will be compatible with the natural environment and will be designed to encourage conservation of natural resources and energy.

5.

The site plan for the proposed use demonstrates compliance with specific design standards contained in Section 9.3 applicable to that use and with all other requirements of this ordinance.

6.

If proposed in a residential district, the use will be compatible with the surrounding residential neighborhood and the scale, density, or bulk of the use will be consistent with neighborhood character. Demolition of existing residential buildings to allow nonresidential uses is presumed to be inconsistent with maintaining the residential character of the city.

B.

Conditional Approval. The Planning Commission may impose reasonable conditions in conjunction with approval of a special land use which are deemed necessary to ensure compliance with the general criteria for approval in Section 8.3A. and the specific requirements applicable to the proposed special land use.

C.

Approval Term and Expiration. Approval of a special land use, including conditions imposed, is attached to, shall run with the land, and shall be binding upon subsequent owners and all occupants of the subject property, except under the following circumstances:

1.

Special land use approval shall only be valid for a period of 12 months from the date of approval unless substantial construction has occurred and is progressing meaningfully toward completion.

2.

The Planning Commission may grant up to one additional 12 month extension, if requested by the property owner in writing prior to the expiration of the original 12 month period, upon showing that there has been no significant change in conditions affecting the property or surrounding area that might have altered that original approval.

3.

If the above provisions are not fulfilled or the extension has expired prior to construction, the special use approval shall become null and void.