The formulation and enactment of this ordinance is based upon the division of the city into districts, in each of which are permitted specified uses which are mutually compatible. In addition to such permitted compatible uses, however, there are certain other uses which may be necessary or desirable to allow in certain locations in certain districts; but because of their actual or potential impacts on neighboring uses or public facilities, there is a need to carefully regulate them with respect to their location for the protection of the community. These uses, due to their peculiar locational need or the nature of the service offered may have to be established in a district where they cannot be reasonably allowed as a permitted use.

   A.   The City of Sterling Heights Planning Commission shall have the power to approve or disapprove all special approval land uses, except that the City Council shall be the approving authority with respect to special approval land uses which have been approved by the City Council:

      1.   As part of a Planned Center District project under Article 21;

      2.   As part of a Planned Unit Development project under Article 22, Section 22.03;

      3.   As a development pursuant to a conditional rezoning approved by the City Council under Section 32.00.C.4. and H.;

      4.   As a development pursuant to a consent judgment approved by the City Council;

      5.   As a discretionary land use in the C-1 (Local Convenience Business), C-2 (Planned Comparison Business), or C-3 (General Business) District in accordance with the provisions of Section 25.04 as authorized by Section 504(1) the Michigan Zoning Enabling Act, MCL 125.3504(1); or

      6.   As a special land use in the Van Dyke Mixed Use District for residential dwelling units on the ground floor of a multi-story building.

(Ord. No. 278-Y, § 37, 5-16-00; Ord. No. 278-EE, § 7, 10-5-04; Ord. No. 278-FF § 2, 5-3-05; Ord. No. 278-NN, § 14, 1-6-09; Ord. No. 278-SS, § 3, 7-17-12; Ord. No. 278-LLL, § 5, 10-1-24)

   A.   The proposed special approval land use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood and/or vicinity and applicable regulations of the zoning district (including but not limited to any applicable performance standards) in which it is to be located.

   B.   The proposed use shall be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular turning movements in relations to routes of traffic flow, proximity and relationship to intersections, adequacy of sight distances, location and access of off-street parking and provisions for pedestrian traffic, with particular attention to minimizing child-vehicle interfacing.

   C.   The proposed use shall be designed as to the location, size, intensity, site layout and periods of operation of any such proposed use to eliminate any possible nuisance emanating therefrom which might be noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke or lights.

   D.   The proposed use shall be such that the proposed location and height of buildings or structures and location, nature and height of walls, fences and landscaping will not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.

   E.   The proposed use shall relate harmoniously with the physical and economic aspects of adjacent land uses as regards prevailing shopping habits, convenience of access by prospective patrons, continuity of development and need for particular services and facilities in specific areas of the city.

    F.   The proposed use is so designed, located, planned and to be operated that the public health, safety and welfare will be protected.

   G.   The proposed use shall not be detrimental or injurious to the neighborhood within which it is to be located, nor shall such use operate as a deterrent to future land uses permitted within said zoning district and shall be in harmony with the general purpose and intent of the zoning ordinance.

(Ord. No. 2Z8-Y, § 38, 5-16-00; Ord. No. 278-EE, § 7, 10-5-04; Ord. No. 278-NN, § 15, 1-6-09)

   An application for the approval of a special approval land use shall be made by an owner, lessee or other person with a legal interest in the property who has the owner’s consent to file the application. Such application shall be accompanied by the necessary fees.

      1.   The Planning Commission shall investigate the circumstances of each case and hold a public hearing on each application for special approval land use in accordance with the requirements as set forth in Section 28.20 and as established by state law except in cases where City Council is the reviewing authority under the provisions of this ordinance. An application for approval of a special approval land use shall not be processed or placed on an agenda for a public hearing, if a public hearing is required for approval under the Zoning Ordinance, if the site and/or building which is the subject of the application is subject to any outstanding, unresolved Property Maintenance Code violation. Any outstanding Property Maintenance Code violation must be first resolved by correcting the violation or by having the applicant/property owner sign a written code compliance agreement with the City setting forth a written commitment by the applicant/property owner to bring the site and/or building into full compliance with all provisions of the Property Maintenance Code within a specific time period acceptable to the City Development Director.

      2.   If the City Council is the reviewing authority for a special approval land use under consideration that is proposed:

         a.   As part of a Planned Center District project under Article 21,

         b.   As part of a Planned Unit Development project under Article 22, Section 22.03;

         c.   Within a development proposed to be developed pursuant to a conditional rezoning approved by the City Council under Section 32.00 C.4. and Section 32.04 H.; or

         d.   Within or as part of a development proposed to be developed pursuant to a consent judgment (or amendment) approved by City Council, the City Council shall investigate the circumstances of the case prior to approving or denying the request.

      3.   The City Council shall hold a public hearing on the request in accordance with the requirements as set forth in Section 28.20 and as established by state law unless:

         a.   The Planning Commission has previously held a public hearing on the request and the applicable provisions of the Zoning Ordinance do not require a separate public hearing to be held by the City Council; or

         b.   The special approval land use proposed to be approved is within a development proposed to be developed pursuant to a consent judgment that is approved by the City Council to resolve pending litigation with the city.

      1.   If the particular special approval land use(s) is in compliance with the standards set forth in Section 25.02, the requirements specific to the particular zoning district in which the special approval land use is proposed, the conditions imposed under Section 25.03(D), other applicable ordinances, and state and federal statutes, it shall be approved. The decision shall be incorporated in a statement of findings and conclusions which specifies the basis for the decision and any conditions imposed. Upon approval of a special approval land use, the applicant shall submit a site plan to the Planning Department for administrative review as per the requirements of Section 26.02 (site plan review) unless this ordinance provides for review and approval of the site plan by the Planning Commission or City Council. Subsequent amendments to an approved site plan for a special approval land use shall not require Planning Commission approval (or City Council if City Council was the approving authority) unless: (a) the amendments significantly impact factors considered by the Planning Commission or City Council in approving the special approval land use, as determined by the Office of the City Planner, or (b) the prior approval required such subsequent approval by the reviewing authority. Thereafter, the enforcing officer may issue a building permit in conformity with the particular special approval land use so approved. If the Planning Commission approves a special approval land use, the special approval land use shall remain in effect only so long as the facts and circumstances as presented to the Planning Commission and upon which the approval was based continue to exist and the conditions attached to the approval are satisfied and maintained.

      2.   The special approval land use shall lapse unless application for a building permit, site plan approval, zoning compliance or other required permits utilizing the approved special approval land use is made and received by the city not later than one year of the date written notice of the Planning Commission’s decision is sent to or delivered to the applicant, or the date the minutes of the Commission are approved relating to the Planning Commission’s final decision on the special approval land use request, whichever occurs first, unless the Planning Commission establishes a different time period, or unless an extension is obtained as authorized in this paragraph. If a written request for a time extension based upon good cause is received prior to the expiration of the specified time period, the City Planner may grant one extension under such terms and conditions and for such period of time not exceeding six months as it shall determine to be necessary and appropriate.

      3.   If the special approval land use has lapsed and the applicant desires to proceed with establishing the special approval land use on the property, the applicant must reapply for the special approval land use and demonstrate that all of the requirements for approval of the special approval land use have been met, based upon the facts and circumstances in existence at the time the new request is submitted. The Planning Commission shall have the right to deny a special approval land use if the facts and circumstances pertaining to the request have changed, if the applicant is not willing to satisfy the conditions attached to the original approval, or if the applicant has not affirmatively demonstrated that all of the substantive requirements for the approval of the special approval land use have been satisfied as of the time the new application for special approval land use is considered. No special approval land use shall be effective until a notice of such approval, including all applicable conditions, are filed with the Macomb County Register of Deeds. Any subsequent changes to a special land use shall also be filed with the Macomb County Register of Deeds.

      4.   The concurring vote of five members of the Planning Commission shall be necessary to approve any special approval land use stated in Article 25.

      1.   If the Planning Commission (or City Council if it is the reviewing authority) shall determine that the particular special approval land use(s) requested does not meet the standards of this ordinance or otherwise will tend to be injurious to the public health, safety, welfare or orderly development of the city, it shall deny the application in writing and incorporate in a statement of findings and conclusions which are the basis for the decision.

      2.   If a petition for a Special Approval Land Use on a particular parcel has been denied by a vote of the Planning Commission (or City Council if it is the reviewing authority), no new petition for a Special Approval Land Use on that parcel shall be accepted for a period of one year after such denial unless:

         a.   Changed conditions in the surrounding neighborhood and/or vicinity are clearly evident;

         b.   The provisions of the zoning ordinance relating to the matter previously decided by City Council have been amended; or

         c.   The new application is filed by a new property owner or party with an interest in the property.

      1.   Be designed to protect natural resources, the health, safety and welfare, as well as 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 which are affected by the proposed use or activity;

      3.   Be necessary to meet the intent and purpose of the zoning regulations, be related to the standards established in this ordinance for the land use or activity under consideration and be necessary to ensure compliance with those standards.

   The conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the approving authority and the landowner. The Planning Commission shall maintain a record of changes granted in conditions. Any changes in the conditions shall be filed with the Register of Deeds as provided herein. Any failure to satisfy a condition of approval imposed by the Planning Commission shall constitute a separate violation of the Zoning Ordinance.

      1.   If the City Manager or his/her designate reasonably believes, based upon available information, that the applicant, property owner, or occupant for whom a special approval land use has been approved, has failed to satisfy the conditions of approval imposed by the Planning Commission, the city may, through the authorized official designated below, take any of the following actions in order to obtain compliance with the conditions:

         a.   The Building Official, Code Enforcement Officer, Fire Marshal, Police Officer, or other city employee authorized to issue appearance tickets or civil infractions may issue an ordinance complaint or civil infraction to be prosecuted in the District Court based upon his/her observations or investigation, or may ask the city attorney to request issuance of a warrant for an ordinance complaint based upon the information or evidence presented to him/her that there has been a violation of the City Code or Zoning Ordinance.

         b.   The City Manager or his/her designate based upon available information may request the Planning Commission to conduct a hearing in accordance with the procedures set forth in paragraph 2 below to determine whether the conditions of approval have been satisfied, and if not, whether or not the special approval land use conditions should be enforced, or the approval revoked for failing to satisfy the conditions.

         c.   After City Council authorization, the city attorney may commence litigation in the Circuit Court to require the responsible party to satisfy the conditions or abate violation of the City Code or Zoning Ordinance as authorized by law, or request revocation of the approval.

         d.   The city through the appropriate authorized official may take any other enforcement or remedial action authorized by law.

      2.   If the Planning Commission receives a request from the City Manager or his/her designate supported by credible information that the applicant, property owner, or occupant for whom a special approval land use has been approved has failed to continuously satisfy the conditions of approval, the Planning Commission may conduct a hearing in accordance with the following procedure to review whether the applicant, property owner, or occupant has satisfied the conditions of approval:

         a.   The applicant, property owner, or occupant granted the special approval land use and other persons entitled to notice of the original special approval land use hearing shall be advised in writing by the city administration of the date of the meeting at which the Planning Commission intends to review whether the conditions of approval have been continuously satisfied, which notice shall be not less than 30 days before the scheduled meeting, except in cases where the public health, safety or welfare is imminently threatened or endangered, in which case a hearing shall be held no earlier than five days after written notice of the meeting date has been given.

         b.   The written notice shall specify the condition(s) of the special approval land use with which the applicant, property owner, or occupant is alleged to have failed to continuously satisfy.

         c.   At the hearing, the city administration and other interested parties (or their authorized representatives) shall be given an opportunity to present evidence or information showing that the conditions of approval have not been continuously satisfied.

         d.   At the hearing, the applicant, property owner, or occupant and other interested parties (or their authorized representatives) shall be given an opportunity to present evidence or information showing whether the conditions of approval have been continuously satisfied.

         e.   After the Planning Commission concludes the hearing, the Planning Commission may make its determination as to whether the applicant, property owner, or occupant has continuously satisfied the conditions of approval, or whether the applicant, owner or occupant should be given additional time to satisfy the conditions of approval. Any conditions of approval originally imposed may be changed only with the concurrence of the applicant, property owner or occupant. The Planning Commission may determine that the applicant, property owner, or occupant has satisfied the conditions of approval, has failed to continuously satisfy the conditions, or if it deems appropriate, grant an additional time period for compliance with the concurrence of the applicant property owner or occupant. In addition, the Planning Commission may revoke the special approval land use or recommend that the City Council commence an action in Circuit Court to enforce the conditions of approval or to revoke the special approval land use if the Planning Commission determines by majority vote of those Commissioners present that the applicant, property owner, or occupant has not continuously satisfied one or more of the conditions of approval. The reasons for the Commission's action shall be recorded into the record, with a written copy furnished to the applicant, property owner, or occupant after certification of the minutes of the meeting at which such action was taken.

   F.    Appeal of Special Approval Land Use Decision. A person who is aggrieved by a final decision of the Planning Commission or City Council (if it is the approving authority), including revocation of a special approval land use, may appeal the decision of the Planning Commission or City Council to the Circuit Court within 30 days after the body making a final decision issues its written decision signed by the chairperson, or signed by the members of the body if there is no chairperson, or within 21 days after approval by the body of the minutes of such final decision if the body’s chairperson (or body’s members where there is no chairperson) do not issue a written decision. A recommendation of Circuit Court action shall not constitute a final decision.

   G.   Recovery of Costs. If the city prevails in any litigation to enforce the conditions of approval or to revoke the special approval land use, or if the Planning Commission revokes the special approval land use as a result of the applicant, property owner, or occupant failing to continuously satisfy the conditions of approval, the applicant, property owner, or occupant shall be required to reimburse the city for any costs incurred in taking such action, including attorney fees, experts fees, court costs, and other expenses incurred. The city may impose a lien against any interest the applicant, property owner, or occupant has in the property to secure payment of such reimbursement.

(Ord. No. 278-G, § 15, 9-18-90; Ord. No. 278-Y, § 39, 5-16-00; Ord. No. 278-DD, § 10, 7-6-04; Ord. No. 278-EE, §§ 1, 7, 8, 10-5-04; Ord. No. 278-NN, §§ 16 - 19, 34, 1-6-09; Ord. No. 278-RR, § 1, 10-18-11)

   A.   The Planning Commission may approve any lawful use of land or building offering retail goods or services not otherwise specifically permitted as a permitted use or special approval land use or specifically prohibited under the Zoning Ordinance which is of a nature or on a scale which could possibly create a nuisance or have an adverse impact on adjacent uses, other uses in the vicinity, or the community-at-large if located in the C-1 (Local Convenience Business), C-2 (Planned Comparison Business), or C-3 (General Business) District provided the Planning Commission determines that (1) the proposed use of land or building otherwise complies with the regulations of the applicable zoning district, and (2) that the general discretionary standards of section 25.02 have been met.

   B.   The standards and procedures applicable to Special Approval Land Uses as set forth in section 25.02 and section 25.03 of the Zoning Ordinance shall apply to consideration and approval of a discretionary land use authorized by Section 25.04. Paragraph A.

(Ord. No. 278-SS, § 4, 7-17-12)