Sparta Township City Zoning Code
SPECIAL USES
§ 154.185 SPECIAL USE PERMITS.
In order that this chapter be flexible and reasonable, special uses are provided for in § 154.247 of this chapter (and at other locations in this chapter) and require special use approvals by the Planning Commission. Conformance to special use standards is required, in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and distinct form that each specific use shall be considered on an individual case. The granting of a special use approval does not negate the requirement for any other required permit(s) or approvals.
(Ord. passed 7-12-2012, § 7.1)
§ 154.186 STANDARDS FOR CONSIDERATION.
The Planning Commission shall not approve a special use unless all of the following standards are met.
(A) The special use in combination with the location proposed for such use shall not impair the general health, safety and welfare of the community-at-large. In general, there must be:
(1) Safe access to the property in question and adjacent properties to fire and police protection;
(2) No dangerous or hazardous area traffic circulation on and off the site, which either now exists or will be created by the proposed use;
(3) Transportation design proposals by the applicant, if necessary, which will be needed to mitigate any potential traffic impact by the proposed use; and
(4) An appropriate relationship, similarity and compatibility between the location and scale of the proposed use to the size and type of uses, structures and buildings currently existing in the immediate vicinity, and which collectively comprise the overall character of the area.
(B) The special use shall not decrease the market value of adjacent buildings, uses and structures that are permitted by right under current zoning, if the proposed use is granted.
(C) The special use shall be in harmony with the land use plan. This considers whether the location and size of the proposed use, the nature and intensity of the activities involved, the size of the site with respect to existing and future streets (giving access to it), parks and drainage systems will be in harmony with the land use plan and the character of land use that is intended by said township plan for the area or district in question.
(D) The applicant’s proposed use, its location and intensity and the height of its buildings, walls, fences and other structures shall not adversely impact the appropriate character of development intended for the area as deemed desirable by the land use plan.
(E) The special use shall not cause any hazards arising from storage and use of flammable fluids.
(F) The special use shall not be environmentally objectionable to nearby properties by reason of noise, fumes, pollution, vibration or lights to an extent that is more than would be the operations of any use permitted by right for that district wherein the special use is proposed.
(G) Before granting a special use approval, in addition to finding that it meets all of the previously stated requirements, the Planning Commission must also find:
(1) The proposed use will not adversely affect existing adjacent uses within 500 feet; and
(2) There will be no adverse effect upon public health, safety or general welfare and that it will not impair the intent of this chapter.
(Ord. passed 7-12-2012, § 7.2)
§ 154.187 CONDITIONS.
(A) Reasonable conditions may be attached to the approval of a special use by the Planning Commission. The conditions may include, but are not limited to, conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural resources and energy, to ensure compatibility with adjacent uses of land and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:
(1) Be designed to protect natural resources, the health, safety and welfare and the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity and the community as a whole;
(2) Be related to the valid exercise of the police power and purposes that are affected by the proposed use or activity; and
(3) Be necessary to meet the intent and purpose of this chapter, be related to the standards established in this chapter for the land use or activity under consideration and be necessary to insure compliance with those standards.
(B) The conditions imposed with respect to the approval of a special use shall be recorded in the record of the approval action, and shall remain unchanged except upon the mutual consent of the Planning Commission and the landowner. The approving Planning Commission shall maintain a record of conditions that are changed.
(Ord. passed 7-12-2012, § 7.3)
§ 154.188 COMPLIANCE WITH PERFORMANCE STANDARDS; SITE PLAN REVIEW.
(A) Compliance with the performance standards for certain uses enumerated elsewhere in this chapter is also required.
(B) Site plan approval by the Planning Commission is required for all special uses. Site plans may be initially reviewed by the Zoning Administrator for content.
(Ord. passed 7-12-2012, § 7.4)
§ 154.189 TIME LIMITATION.
A special use approval shall be deemed to authorize only one particular special use and shall expire if the special use shall cease to function for more than 12 months for any reason, or has not begun within 12 months from the date of approval.
(Ord. passed 7-12-2012, § 7.5)
§ 154.190 EXISTING VIOLATIONS.
No approval shall be considered or issued for a special use for a property where there is an existing violation of this chapter.
(Ord. passed 7-12-2012, § 7.6)
§ 154.191 BASIS FOR DECISION IN WRITING.
It is further provided that in granting or denying a special use, the Planning Commission shall specify in the written decision the particular reasons relied upon and its relation to the proposed use.
(Ord. passed 7-12-2012, § 7.7)
§ 154.192 SPECIAL USE APPROVAL REQUIRED.
Special use approval by the Planning Commission is required (as well as site plan approval by the Planning Commission) for those uses specified as special uses in § 154.247 of this chapter.
(Ord. passed 7-12-2012, § 7.8)
§ 154.193 NON-AGRICULTURAL DEVELOPMENT OPTION FOR MANAGING DEVELOPMENT AND AGRICULTURAL PRESERVATION.
The Planning Commission may consider for a property in the Ag-1 Zoning District as a special use (as provided by this subchapter), a non-agricultural use that is listed in § 154.247 of this chapter (other than non-agricultural dwellings that are governed by § 154.207 of this chapter; provided, however, that:
(A) The site on which the use is to be located is not able to be used for agricultural purposes due to factors, including, but not limited to, existing soil conditions, slope or the presence of wetlands. The Planning Commission in making its determination shall consider factors such as, but not limited to, past and present use of the parcel, past productivity and the difficulty in making the parcel suitable for farming (the Planning Commission shall seek verification from either the county offices of the U.S. Soil Conservation Service or the Cooperative Extension Service-Agricultural Division, or both);
(B) A septic permit can be obtained;
(C) There will be minimal likelihood of conflicts arising between the use and the surrounding agricultural activities, based on the standards for special use and site plan review; and
(D) The precedent set by allowing the non-agricultural use in the circumstances under consideration will not adversely affect the long-term plans and development policies of the township.
(Ord. passed 7-12-2012, § 7.9)
§ 154.194 APPLICATION PROCEDURES FOR SPECIAL USE PERMITS BY PLANNING COMMISSION.
Prior to construction or physical development of a proposed special use, as specified by this chapter, an application for a special use approval must be obtained. An application for a special use approval must be made to the Zoning Administrator.
(A) Contents of application. Among the data to be supplied by the applicant and that shall constitute the application package, the following shall be included:
(1) Names and address of applicant or applicants;
(2) Location, shape, area and dimension of the lot and of the proposed structure or improvement (shown on the site plan);
(3) Description of proposed use and of the building (dwelling, structure, barn, garage and the like) or improvement;
(4) The proposed number of sleeping rooms, dwelling units, occupants, employees, customers and other users;
(5) The yard, open space and location of parking spaces (as shown on the site plan); and
(6) A required site plan that must be approved before any granting of a special use permit.
(B) Fee. A fee or fees as set by the Township Board shall accompany any plans or applications in order to defray the cost of administration and inspection.
(C) General procedural steps. Upon submission of an application for a special use approval:
(1) The Zoning Administrator.
(a) Reviews application package:
1. To make sure that it is the right application for zoning action requested;
2. To see that all required information is submitted; and
3. To make sure that the proposed use is permitted in a particular district by special use permit.
(b) Takes one or more of the following actions:
1. Requests from the applicant that any omitted or necessary information now be submitted;
2. If necessary, seeks ordinance interpretation from the Board of Appeals;
3. Make advisory comments about the site plan based on site plan review standards; and/or
4. Forwards the complete application with comments to the Planning Commission for review and approval.
(2) The Planning Commission.
(a) Reviews the site plan according to the site plan review standards, as set forth in this chapter;
(b) Reviews the proposed special use according to standards for special use permits, as set forth in this chapter;
(c) Reviews for compliance with any and all additional site facility design requirements and standards, as may be required by this chapter; and
(d) Holds a public hearing pursuant to § 154.424 of this chapter.
(D) Final approval, denial or approval with conditions to be in writing. When an application for a special use is finally approved, denied or approved subject to conditions, the decision must be incorporated into an official written statement that contains the conclusions relative to the special use permit request. The decision shall specify the basis for the decision and any conditions that may be imposed in the case of approvals.
(E) Utilization. An approved special use must be utilized within one year during which time construction of the approved special use must begin. A valid special use approval is eligible for one additional one-year extension granted by the Planning Commission as a reasonable length of time within which to begin construction.
(F) Inspection. At least two site inspections by the Zoning Administrator must be held: one during development and one before the use or structure is occupied. If development is phased or in stages, then one inspection per phase or stage shall be made.
(G) Appeals. No appeal shall be allowed to the Zoning Board of Appeals for the denial of a special use approval or for any conditions of approval.
(Ord. passed 7-12-2012, § 7.10)