The formulation and enactment of this chapter is based upon the division of the township into districts in which certain specified uses are permitted by right. In addition to permitted uses, there are certain other conditional uses which may be necessary or desirable to allow in certain locations but, due to their actual or potential impact on neighboring uses or public facilities, need to be carefully regulated.

(Ord. No. 275, § 8.01, 10-21-2003; Ord. No. 2007-02, § 1(8.01), 6-12-2007)

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 all conditional uses specified in the various district provisions of this chapter.

(Ord. No. 275, § 8.02, 10-21-2003; Ord. No. 2007-02, § 1(8.02), 6-12-2007)

Application for a conditional use permit shall be made to the township office, along with the required information and the required fee. After receipt for filing, the clerk shall transmit a copy of the application form and the required information to the township planning commission.

(Ord. No. 275, § 8.03, 10-21-2003; Ord. No. 2007-02, § 1(8.03), 6-12-2007)

1. The following minimum information is required for all conditional use applications:
   1. The applicant's name, address, and telephone number.
   2. The names and addresses of all owners of record and other parties of interest.
   3. The applicant's interest in the property, and if the applicant is not the fee simple owner, the owner's signed authorization for the application.
   4. Recorded legal description, address, and tax parcel number of the property.
   5. A scaled and accurate survey drawing, correlated with the recorded legal description, and showing all existing buildings, drives, and other improvements.
   6. A detailed written description of the proposed use, addressing the standards set forth in section 36-224.
   7. A site plan consisting of an overall plan for the entire development. The sheet size shall be at least 24 inches by 36 inches with a maximum scale of one inch equals 50 feet.
   8. The shape, size and location of existing and proposed buildings, parking areas and service drives, loading zones, location of existing and proposed public streets serving the property, and natural features such as topography, soils, woodlands, wetland, floodplain, and drainage courses which affect the property.
   9. The location of all existing and proposed water and sewage treatment systems serving the property.
   10. Zoning classification and land use of the petitioner's property as well as all adjacent properties.
   11. Change to any interior plumbing fixtures or additions or deletions therein.
   12. Any other information deemed necessary to properly illustrate the development concept to the planning commission.
2. Conditional use with full site plan review. In those cases where a conditional use is proposed as a part of a new development, or which propose the expansion of an existing structure of over 1,000 square feet, or where a conditional land use requires the provision of new parking to accommodate the use, full site plan review pursuant to section 36-179 shall be required after the conditional use is approved by the township board of trustees. This shall be considered a second step to this process.

(Ord. No. 275, § 8.04, 10-21-2003; Ord. No. 2007-02, § 1(8.04), 6-12-2007)

1. Notification requirements.
   1. The planning commission shall hold a public hearing on all applications for a conditional use permit. A notice of the public hearing shall be published once in a newspaper which circulates in the township. A notice shall also 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 of the property regardless of whether the property or occupant is located in the zoning jurisdiction.
   2. The notice shall be given not less than 15 days before the date of the public hearing. If the name of the occupant is not known, the term "occupant" may be used in making notification.
2. Contents of notification. The notice of public hearing shall:
   1. Describe the nature of the conditional use request.
   2. Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.
   3. State the date, time and place of the public hearing.
   4. Indicate when and where written comments will be received concerning the request.

(Ord. No. 275, § 8.05, 10-21-2003; Ord. No. 2007-02, § 1(8.05), 6-12-2007)

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 may request additional information it deems necessary to make a decision. The planning commission shall recommend approval, approval with conditions or denial of the application for a conditional use permit and shall transmit its recommendations, together with a report thereon, 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 hearing.

(Ord. No. 275, § 8.06, 10-21-2003; Ord. No. 2007-02, § 1(8.06), 6-12-2007)

The township board shall review the recommendation and report of the planning commission and shall approve, approve with conditions, or deny an application for a conditional use permit. The township board's decision, the basis for the decision, and all conditions imposed shall be described in a written statement, which shall be made a part of the record of the meeting at which action is taken.

(Ord. No. 275, § 8.07, 10-21-2003; Ord. No. 2007-02, § 1(8.07), 6-12-2007)

1. The planning commission and township board shall review the particular circumstances and facts of each proposed use in terms of the following standards and required findings, and shall find and record adequate data, information and evidence showing that such a use on the proposed site, lot or parcel meets the following standards:
   1. Will be harmonious, and in accordance, with the objectives and regulations of this chapter.
   2. Will be compatible with the natural environment and existing and future land uses in the vicinity.
   3. That the proposed use will be served adequately by essential public facilities and disposal, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service.
   4. That the proposed use will not be detrimental, hazardous, or disturbing to the existing or future neighboring uses, persons, property or the public welfare.
   5. That the proposed use will not create additional requirements at public cost for public facilities and services that will be detrimental to the economic welfare of the community.
   6. Will be compatible with the township's adopted general development plan.
2. If the facts do not establish that the findings and standards set forth in this chapter will apply to the proposed use, the township board shall not grant a conditional use permit.
3. 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 the date of such denial, except on grounds of new evidence or proof of changed conditions found by the township board to be valid.

(Ord. No. 275, § 8.08, 10-21-2003; Ord. No. 2007-02, § 1(8.08), 6-12-2007)

In granting 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 considered a violation of this chapter. An approved conditional use permit, including all attached conditions, shall run with the parcel in the approval and shall be binding upon all successors and assigns.

(Ord. No. 275, § 8.09, 10-21-2003; Ord. No. 2007-02, § 1(8.09), 6-12-2007)