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)