Special land uses of land or structures, due to their unique characteristics, require special consideration in relation to the welfare of adjacent properties and the larger community. The regulations and standards of this chapter are designed to allow practical latitude for the applicant, and at the same time maintain adequate provisions for the protection of the health, safety, convenience, and general welfare of Wayne. All special land uses within the various zoning districts are subject to the conditions and standards of this chapter, as well as any other applicable requirements of this Zoning Code.

(Ord. 2023-01. Passed 2-7-23.)

   (a)   Special land use applications must be submitted to the Planning Department, for review by the Planning Commission. All special land use applications must be accompanied by a site plan, which is reviewed by the Planning Commission as described in Chapter 1224. The Planning Commission must hold a public hearing as described in the Michigan Zoning Enabling Act (PA 110 of 2006), as amended.

   (b)   The application must be accompanied by a detailed project narrative that clearly describes the nature of the activities and operational functions of the proposed special land; at a minimum this includes hours of operation, number of employees, impact on surrounding properties, etc.

(Ord. 2023-01. Passed 2-7-23.)

   For the Planning Commission to grant approval, a special land use must:

   (a)   Be consistent with, and promote, the intent and purpose of this Zoning Code.

   (b)   Be of such location, size, density, and character as to be compatible with adjacent uses of land and the orderly development of the subject zoning district and adjacent zoning districts.

   (c)   Not have a substantially detrimental effect upon neighboring property.

   (d)   Be reasonably compatible with the natural environment of the subject property and surrounding area.

   (e)   Not unduly interfere with provision of adequate light or air, nor overcrowd land, that would diminish the health, safety, and welfare of the City.

   (f)   Not interfere with, or unduly burden, the water supply facilities, sewage collection and disposal systems, park and recreational facilities, and other public services. The City cannot bear unreasonable costs to improve infrastructure to serve the proposed use.

   (g)   Be such that traffic to, from, and on the premises and the assembly of persons relating to such use will not be hazardous, considering, among other things: safe and convenient routes for pedestrian traffic, the relationship of the proposed use to streets and intersections, and the general character and intensity of the existing and potential development of the area.

(Ord. 2023-01. Passed 2-7-23.)

   (a)   The Planning Commission may deny, approve, or approve with conditions, a special land use.

   (b)   Special land use approval expires one-year from approval unless a building permit has been issued on the site in accordance with an approved site plan. The Planning Department may grant one, twelve-month extension of a special land use upon demonstration that construction is likely to commence within that period.

   (c)   Once established, an approved special land use runs with the land, unless the use is specifically determined to be temporary in nature. When approval is given for a use which is temporary in nature, a deadline must be established for the use to cease operations, and so stated in the meeting minutes.

(Ord. 2023-01. Passed 2-7-23.)

   The Commission may impose reasonable conditions in conjunction with approval of a special land use; the meeting minutes must contain a record of all conditions attached to a special land use approval.

(Ord. 2023-01. Passed 2-7-23.)

   An expansion of a use or a change in use of any approved special land use requires that a new special land use permit; the procedure is the same as for the original application.

(Ord. 2023-01. Passed 2-7-23.)