This chapter is intended to provide regulations for special land uses which may be compatible with permitted uses in a zoning district under specific locational and site criteria. This chapter provides standards for the planning commission to determine the appropriateness of a given special land use covering factors such as: compatibility with adjacent zoning, location, design, size, intensity of use, impact on traffic operations, potential impact on groundwater, demand on public facilities and services, equipment used and processes employed. Establishment or major expansion of any special land use requires a special land use permit under this chapter.

(Ord. 08-05 § 1 (part), 2008)

A.

Application. Upon submission of a special land use and site plan application meeting the requirements of Chapter 18.17, Site Plan Review Requirements and Procedures, a public hearing shall be scheduled before the planning commission. Notice of the hearing shall be given in accordance with Section 18.21.110.

B.

Public Hearing. Following the public hearing, the planning commission shall consider the public hearing input, reports from city staff, and consultants the criteria contained in Section 18.18.050, and the specific standards for the use found in the applicable zoning district.

C.

Site Plan Revisions. If the planning commission determines that revisions are necessary to bring the proposed special land use and site plan application into compliance with applicable standards and regulations, the applicant shall submit a revised application and site plan. A second hearing is not required on a revised application that addresses concerns raised through the review process unless the planning commission determines that it is necessary. Following submission of revised application materials, the proposal shall be placed on the agenda of a scheduled meeting of the planning commission for review and possible action.

D.

Impact Assessment. The planning commission may require the submittal of an impact assessment; the analysis shall be carried out by qualified individuals and shall include, but need not be limited to, the impact on: natural features, stormwater management, surrounding land uses, public facilities/services, public utilities and traffic.

E.

Planning Commission Action. After the consideration of the general and specific criteria, the planning commission can either approve, approve with conditions, or deny the special land use application.

1.

Approval. Upon determination by the planning commission that the application for a special land use is in compliance with the standards and requirements of this chapter and other applicable laws, approval shall be granted.

2.

Approval with Conditions. With an approval of a special land use application, the planning commission may impose reasonable conditions. The applicant shall submit a revised site plan or other information that demonstrates compliance with the conditions for administrative approval by the city within sixty days of the date of conditional approval and prior to issuance of a building permit or the submission shall be considered null and void.

3.

Denial. Upon determination that a special land use does not comply with standards and regulations set forth in this title, or requires excessive revisions in order to comply with the standards and regulations, the planning commission shall deny the application. Resubmittal of an application which was denied shall be considered a new application.

F.

Conditions. In considering the special land use, the planning commission may impose conditions or limitations as permitted by the Michigan Zoning Enabling Act that it deems necessary to fulfill the spirit and/or purpose of this title. 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. Conditions imposed shall do all of the following:

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 that are affected by the proposed use or activity.

3.

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

(Ord. 08-05 § 1 (part), 2008)

The zoning board of appeals may hear requests for variances to dimensional or site design requirements related to special land uses. However, the zoning board of appeals shall not have the authority to hear appeals of the planning commission's decision to approve or deny a special land use, nor to grant variances to any conditions that were attached to the special land use approval by the planning commission.

(Ord. 08-05 § 1 (part), 2008)

No application for a special land use permit which has been denied wholly or in part shall be resubmitted for a period of one year from the date of denial, except on the grounds of new evidence or proof of changed conditions relating to all of the reasons noted for the denial found to be valid by the planning commission. A resubmitted application shall be considered a new application.

(Ord. 08-05 § 1 (part), 2008)

Prior to approving a special land use application the planning commission shall require that the following general standards, in addition to the specific standards noted for individual uses in Chapters 18.03, Residential Districts, 18.05, Manufactured Home Park Districts, 18.06, Commercial Districts, 18.07, VCA District, 18.08, Office and Research Districts, 18.09, Industrial Districts and 18.10, Regulated Uses be satisfied. The proposed use or activity shall:

A.

Be compatible and in accordance with the goals, objectives and policies of the city of Wixom master plan.

B.

Promote the intent of the zoning district in which the use is proposed.

C.

Be constructed, operated and maintained so as to be compatible with the existing or intended character of the general vicinity and so as not to change the essential character of the area in which it is proposed.

D.

Be served adequately by public facilities and services, such as traffic operations along streets, police and fire protection, drainage structures, water and sewage facilities and primary and secondary schools.

E.

Not involve uses, activities, processes, materials and equipment or conditions of operation that, in comparison to permitted uses in the district, will be detrimental to the natural environment, public health, safety or welfare by reason of excessive production of traffic, noise, smoke, odors or other such nuisance.

(Ord. 08-05 § 1 (part), 2008)

Prior to approving a special land use application the planning commission shall require that the specific standards noted for individual uses in the applicable zoning district be satisfied.

(Ord. 08-05 § 1 (part), 2008)

A.

Major Amendments. Any person or agency who has been granted a special land use permit shall notify the building official of any proposed amendment to the approved site plan of the special land use permit. A major amendment to a special land use permit shall require submittal of a new application for special land use and follow the review procedures contained in this chapter. The building official shall determine whether the proposed amendment constitutes a minor or major amendment based on the following standards:

1.

Changes increase the building(s) usable floor area by more than twenty-five percent.

2.

Parking lots are expanded by more than twenty-five percent.

3.

The occupancy, capacity or membership of the use is increased by more than twenty-five percent.

4.

The use is expanded to occupy an additional twenty-five percent or more land area.

5.

The expansion will result in a twenty-five percent or more increase in traffic generation based upon the latest edition of the Institute of Transportation Engineers Trip Generation Manual.

6.

The expansion will result in a twenty-five percent or more increase in the demand for public water or sewer.

7.

Other similar types of changes deemed by the building official to be "major."

B.

Minor Amendment. Minor amendment to an approved special land use does not require submittal of a new application for a special land use, but may require submittal of a site plan or sketch plan following the requirements of Chapter 18.17, Site Plan Review Requirements and Procedures.

C.

Change in Use. Change to another special land use shall require submittal of a new application for special land use and follow the review procedures contained in this chapter.

D.

Separate Approval. A separate special land use permit shall be required for each use which requires special land use review on a lot.

(Ord. 08-05 § 1 (part), 2008)

A.

Start of Construction. Special land use approval is valid for a period of one year from the date of planning commission approval. A building permit must be issued and physical construction must commence within the one year period.

B.

Extensions. Upon written application filed prior to the termination of the one year period as provided above, the planning commission may authorize a single extension of the time limit for a further period of not more than one year. Such extension shall be granted only based on evidence from the applicant that the development has a reasonable likelihood of commencing construction within the one year extension. The planning commission may require compliance with any amendments to the zoning ordinance since the special land use was originally approved.

C.

Expiration of Special Land Use Permit. Where actual construction of a substantial nature of structures authorized by a special land use permit has not commenced within one year of issuance, and a written application for extension of the approval has not been filed as provided above, the special land use permit shall become null and void and all rights thereunder shall terminate.

(Ord. 08-05 § 1 (part), 2008)

The planning commission shall have the authority to revoke any special land use approval after the applicant has failed to comply with any of the applicable requirements of this chapter, other applicable sections of this title, or conditions of the special land use approval. Prior to any action, the planning commission shall conduct a public hearing following the notification process for the original approval. The applicant shall be provided an opportunity to present information and to answer questions. The planning commission may revoke any previous approval if it finds that a violation exists and has not been remedied.

(Ord. 08-05 § 1 (part), 2008)