(a)

The formulation and enactment of this article is based upon the division of unincorporated portions of the township into districts in each of which certain specified, mutually compatible uses are permitted by right. In addition to such uses, however, there are certain other uses which are essential or desirable for the welfare of the community and its citizenry or substantial parts of it. Such uses are entirely appropriate and not essentially incompatible with the uses permitted by right in a zoning district, but not at every or any location therein, or without restrictions or conditions being imposed by reason of special problems presented by the use or its particular location in relation to neighboring properties.

(b)

This article, therefore, requires approval of a special use permit (SUP) of each use listed in the several zoning districts as special uses and provides in this article the procedures and standards to be followed in granting such permits. If compliance with the procedures and standards set forth in this article, the several use districts herein, and in article IX of this chapter, if applicable, is found, the right to a special use permit shall exist, subject to conditions as may be imposed therefor in accordance with this article.

(Comp. Ords. 1994, § 15.601; Ord. No. 1, § 50.01, 8-19-1974; Ord. of 5-15-1980)

The township planning commission shall have the authority to grant special use permits and to attach conditions to a permit. Only those uses listed in each zoning district as special uses shall be considered for special use permit review and approval.

(Comp. Ords. 1994, § 15.602; Ord. No. 1, § 50.02, 8-19-1974; Ord. of 5-15-1980)

Application for a special use permit shall be made by filing the application form, required information, eight copies, and the required fee with the township board. The fee shall be set by resolution of the township board, except that no fee shall be required for a special use permit application for a single-family residence or of any governmental body or agency. No part of the fee shall be returnable to the applicant. The clerk shall transmit a copy of the application and submitted information to the secretary of the township planning commission within three days of the filing date.

(Comp. Ords. 1994, § 15.603; Ord. No. 1, § 50.03, 8-19-1974; Ord. of 5-15-1980)

An application for a special use permit shall contain the following information:

(1)

The applicant's name, address, and telephone number.

(2)

The names and addresses of all record owners and proof of ownership.

(3)

The applicant's interest in the property, and, if the applicant is not the fee simple owner, the owner's authorization for the application.

(4)

Legal description, address, and tax parcel number of the property.

(5)

A scaled accurate survey drawing, correlated with the legal description, showing all existing buildings, drives and other improvements.

(6)

A detailed description of the proposed use.

(7)

A site plan meeting the requirements of a preliminary site plan, as set forth in section 30-76.

(Comp. Ords. 1994, § 15.604; Ord. No. 1, § 50.04, 8-19-1974; Ord. of 5-15-1980)

The planning commission must hold a public hearing on the application for a special use permit within 65 days of the filing date, and give notice as set forth in section 103 of Public Act No. 110 of 2006 (MCL 125.3103).

(Comp. Ords. 1994, §§ 15.605, 98.000; Ord. No. 1, § 50.05, 8-19-1974; Ord. of 5-15-1980; Ord. of 7-13-2006, § 4)

The planning commission must review the particular circumstances and facts of each proposed use in terms of the following standards and required findings, and any additional standards set forth in article IX of this chapter. To grant a special use permit (SUP), the planning commission must find and record adequate data, information, and evidence showing that the proposed use meets all required standards.

(1)

The proposed SUP will be harmonious, and in accordance with the objectives, intent, purposes, and regulations of this chapter. If it's harmonious, that favors granting the SUP.

(2)

The proposed SUP will be compatible with the natural environment and existing and future land uses in the vicinity. If it's compatible, that favors granting the SUP.

(3)

The proposed SUP will be compatible with the comprehensive plan. If it's compatible, that favors granting the SUP.

(4)

The proposed SUP will be served adequately by essential. public facilities and services, such as highways, streets, police and fire protection, drainageways and structures, refuse disposal, or the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services. If it will be adequately served, that favors granting the SUP.

(5)

The proposed SUP will not be detrimental, hazardous, or disturbing to existing or future neighboring uses, persons, property, or the public welfare. If it's not detrimental, that favors granting the SUP.

(6)

The proposed SUP will not create additional requirements at public cost for public facilities and services that will be detrimental to the economic welfare of the community. If it will not create additional requirements, that favors granting the SUP.

(7)

The proposed special use must comply with all other applicable chapters, and state and federal statutes, regulations, and laws. If it complies, then that favors granting the SUP.

(Comp. Ords. 1994, § 15.606; Ord. No. 1, § 50.06, 8-19-1974; Ord. of 5-15-1980; Ord. of 10-5-2010(01))

The planning commission shall approve, approve with conditions, or deny a special use permit application. The planning commission's decision, the basis for the decision, findings, and all conditions imposed shall be described in a written statement, which shall be made a part of the record of the meeting.

(Comp. Ords. 1994, § 15.607; Ord. No. 1, § 50.07, 8-19-1974; Ord. of 5-15-1980)

In granting a special use permit, the planning commission shall impose conditions it deems necessary to achieve the objectives and standards of this chapter, the standards of the state 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 special use permit, including all attached conditions, shall run with the parcel in the approval and shall remain unchanged except upon mutual consent of the planning commission and the landowner. Any such changes shall be entered into township records and recorded in the minutes of the planning commission meeting at which the action occurred. A public hearing shall be held on any proposed changes, as required for an original application.

(Comp. Ords. 1994, § 15.608; Ord. No. 1, § 50.08, 8-19-1974; Ord. of 5-15-1980)

No application for a special use permit which has been denied wholly or in part by the planning commission shall be resubmitted for a period of 365 days from the date of denial, except on grounds of new evidence or proof of changed conditions found by the planning commission to be valid.

(Comp. Ords. 1994, § 15.609; Ord. No. 1, § 50.09, 8-19-1974; Ord. of 5-15-1980)

An appeal to the zoning board of appeals may not be taken for a special use.

(Comp. Ords. 1994, § 15.607; Ord. of 2-1-1994)