The development and execution of the zoning ordinance is based upon the division of the city into districts, within any one of which the use of land and buildings and the bulk and location of buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character cannot be properly classified in any particular district or districts without consideration, in each case of the impact of those uses upon neighboring lands and upon the public need for the particular use of the particular location. Such special uses fall into two categories:

1.

Uses operated by a public agency or publicly regulated utilities, or uses traditionally affected with a public interest.

2.

Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

Special uses shall be authorized or denied by the city commission in accordance with the provisions of this ordinance applicable to amendments of this ordinance and the regulations and conditions set forth in this ordinance for special uses. No application for a special use shall be acted upon by the city commission until after:

1.

A written report is prepared and forwarded to the city commission by the planning commission.

2.

A public hearing has been held by the planning commission after due notice by publication as prescribed in section 17.05 and the findings and recommendations of the planning commission have been reported to the city commission.

An application for a special use may be made by any person, firm or corporation, or by any office, department, board, bureau or commission requesting or intending to request a building permit or occupancy certificate.

Applications for special use permits shall be submitted through the city clerk to the city commission. Each application shall be accompanied by the payment of a fee in accordance with the schedule of fees adopted by the city commission to cover the costs of processing the application. No part of any fee shall be refundable.

1.

Required information. Three copies of an application for a special use permit shall be presented to the city clerk and accompanied by the following documents and information:

a)

A special use permit application form supplied by the city clerk which has been completed in full by the applicant;

b)

A site plan in conformance with article XIX of this ordinance;

c)

A statement and other evidence or proof by the applicant of present and future compliance with the standards required for approval in section 17.03 and other standards imposed by this ordinance affecting the special use under consideration.

2.

Incomplete application. An application which is incomplete or otherwise not in compliance with this ordinance shall be returned to the applicant. No application shall be processed until properly prepared and submitted and all required fees paid in full.

3.

Copy of the application to planning commission. The city clerk shall forward a copy of the application for the special use request to the city planning commission within seven days of receiving the request. The planning commission may review the application and make recommendations within 30 days following the date of the public hearing on each application, unless it is withdrawn by the petitioner. All comments or recommendations shall be advisory and submitted in writing to the city commission. A summary of the public hearing shall also be included in the report to the city commission.

After a preliminary review of the site plan and an application for a special use permit, the city planning commission shall hold a hearing on the site plan and the special use request. Notice of the hearing shall be given by mail or personal delivery to the owners of property for which special use permit 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. Notice of the public hearing shall also be published in a newspaper of general distribution in the city. Public notice shall be given not less than five nor more than 15 days before the date of the public hearing on the application. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. Each notice given under this section shall:

1.

Describe the nature of the special use request;

2.

Indicate the property which is the subject of the special use request;

3.

State when, where and at what time the public hearing on the special use request will be considered; and

4.

Indicate when and where written comments will be received concerning the request.

The review of an application and site plan requesting a special use permit shall be made by the city commission in accord with the procedures and standards specified in this ordinance. If a submitted application and site plan do not meet the requirements of the ordinance, they may not be approved. However, if the applicant agrees to make changes to the site plan and application in order to bring them into compliance with the ordinance, such changes shall be allowed and shall be either noted on the application or site plan itself, or attached to it, or these documents shall be resubmitted incorporating said changes. A site plan and application for a special use permit shall be approved if they comply in all respects with the requirements of this ordinance and other applicable county, state or federal laws, rules or regulations. Approval and issuance of a special use permit shall signify prior approval of the application and site plan therefor, including any modification and any conditions imposed where necessary to comply with this ordinance. The site plan, as approved, and any statements of conditions and modifications shall become part of the special use permit and shall be enforceable as such. The decision to approve or deny a request for a special use permit shall be retained as a part of the record of action on the request and shall incorporate a statement of conclusions which specify the basis for the decision, any changes to the originally submitted application and site plan necessary to ensure compliance with the ordinance, and any conditions imposed with approval. Once a special use permit is issued, all site development and use of land on the property affected shall be consistent with the approved special use permit, unless a change conforming to ordinance requirements receives the mutual agreement of the landowner and the city commission and is documented as such.

Upon approval by the city commission the zoning administrator shall issue a special use permit to the applicant. It shall be the responsibility of the zoning administrator to monitor compliance with the terms, conditions and restrictions of any special use permit and take any enforcement action necessary in the event of a violation of the special use permit.

Appeal of a decision on a special use request may be taken to the board of appeals in accord with section 14.02.1. All decisions of the city commission and board of appeals relating to special use applications, including the findings supporting any decision, shall be recorded in written form and retained as permanent records on file with the zoning administrator and a copy in the office of the city clerk.

Prior to approval of a special use application and required site plan, the city commission shall ensure that the standards specified in this section as well as applicable standards established elsewhere in this ordinance, shall be satisfied by the completion and operation of the special use under consideration.

1.

General standards. The city commission shall review the particular circumstances of the special use request under consideration in terms of the following standards, and shall approve a special use request only upon a finding of compliance with each of the following standards, as well as applicable standards established elsewhere in this ordinance.

a)

The special use shall be designed, constructed, operated and maintained in a manner harmonious with the character of adjacent property and the surrounding area.

b)

The special use shall not inappropriately change the essential character of the surrounding area.

c)

The special use shall not interfere with the general enjoyment of adjacent property.

d)

The special use shall represent an improvement to the use or character of the property under consideration and the surrounding area in general, yet also be in keeping with the natural environment of the site.

e)

The special use shall not be hazardous to adjacent property, or involve uses, activities, materials or equipment which will be detrimental to the health, safety, or welfare or persons or property through the excessive production of traffic, noise, smoke, odor, fumes or glare.

f)

The special use shall be adequately served by essential public facilities and services, or it shall be demonstrated that the person responsible for the proposed special use shall be able to continually provide adequately for the services and facilities deemed essential to the special use under consideration.

g)

The special use shall not place demands on public services and facilities in excess of current capacity.

h)

The special use shall be consistent with the intent and purpose of this ordinance and the objectives of any currently adopted master plan.

2.

Conditions. The city commission may impose conditions with the approval of a special use application and site plan which are necessary to ensure compliance with the standards for approval stated in this section and any other applicable standards contained in this or other applicable city ordinances and regulations. Such conditions shall be considered an integral part of the special use permit and approved site plan and shall be enforced by the zoning administrator. The conditions may include 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 environment and conserve 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.

3.

Performance guarantee. In authorizing a special use permit, the city commission may require that a cash deposit, certified check, or irrevocable bank letter of credit be furnished by the developer to ensure compliance with an approved site plan and the special use permit requirements. Such guarantee shall be deposited with the city clerk at the time of the issuance of the special use permit. In fixing the amount of such performance guarantee, the city commission shall limit it to reasonable improvements required to meet the standards of this ordinance and to protect the natural resources of the city and future users or inhabitants of the proposed project or project area including, but not limited to roadways, lighting, utilities, sidewalks, screening and drainage. The term "improvements" does not include the entire project which is the subject of zoning approval nor to improvements for which a performance guarantee has been deposited pursuant to Act No. 288 or 1967 (MCL 560.101 et seq.), as amended. The city commission and the project developer shall establish an agreeable procedure for the rebate of any cash deposits required under this section, in reasonable proportion to the ratio of the work completed on the required improvements as work progresses. Said agreement shall be written as an element of the conditions surrounding the approval of the special use permit.

The special use permit shall become effective when the application has been approved by the city commission.

1.

A building permit shall not be issued until approval of such special use permit by the city commission.

2.

Until a building permit has been granted pursuant to the special use permit, there shall be no construction or excavation of said land, nor shall use of the land be made toward the intended purposes of such special use permit.

3.

Land subject to a special use permit may not be used or occupied for purpose of such special use until after a certificate of occupancy for same has been issued pursuant to the provisions of this ordinance.

1.

Approval of a special use permit shall be valid regardless of change of ownership, provided that all terms and conditions of the permit are met by any subsequent owner.

2.

In instances where development authorized by a special use permit has not commenced within one year from the date of issuance or the last date of review authorized by this subsection, the city commission shall review the permit in relation to the applicable standards and requirements of this ordinance. Upon a finding that there has been a change in conditions on the property or the surrounding area or in provisions of this ordinance applicable to the special use permit under review, such that the permit is no longer in conformance with the requirements of this ordinance, the permit shall become null and void. Where it is determined that such permits are in conformance with the provisions of this ordinance and there has not been a change in conditions affecting the validity of the permit, the special use permit shall remain valid, subject to periodic review in accord with the provisions of this subsection.

It shall be the duty and obligation of the owner(s) and occupant(s) of land and uses subject to a special use permit and approved site plan therefor, that the continued use of such land shall at all times be in compliance with the use requirements of this ordinance. Failure thereof shall be a violation of this ordinance and subject to the penalties and remedies provided in sections 21.03 and 21.04, and the continuance thereof is declared to be a nuisance per se.

Any use for which a special use permit has been granted shall be deemed a conforming use permitted in the district in which such use is located, provided [that]:

1.

Such permit was issued in conformity with the provisions of this ordinance; and

2.

Such permit shall be deemed to effect only the lot or portion thereof and uses thereupon for which the special use permit shall have been explicitly granted; and

3.

Such permit authorizes a use which is subsequently built, operated and maintained in compliance with the ordinance, the special use permit, and all conditions established with its approval.