(A) Powers and duties. The Planning Commission is designated the Commission, as specified in Public Act 285 of 1931, § 3, being M.C.L.A. § 125.33, as amended, and in Public Act 110 of 2006, § 4, being M.C.L.A. § 125.3101, and shall perform the duties of such Commission as provided in these acts, as amended, together with such other powers and duties as are given to such Commission by the provisions of this chapter, including authority to act on all matters requiring approval or recommendation of such Commission.
(B) Authority to approve uses. Whenever in this chapter the lawful exercise or existence of a use requires the approval of the Planning Commission, such Commission is hereby authorized and directed to investigate the matter requiring such approval, to conduct a hearing thereon, to make a determination, to either grant or refuse the approval and to do all things reasonably necessary to the making of such investigation and determination, subject to the provisions of subsections (B) through (G) of this section, inclusive. With respect to the authority granted Planning Commission members in this chapter, a members in this chapter, a member of the Planning Commission may be removed for misfeasance, malfeasance, or nonfeasance in office by the City Council upon written charges after a public hearing.
(C) Hearing; notice.
(1) The Planning Commission shall hold a minimum of 2 regular meetings annually, giving notice of the time and place by publication in a newspaper of general circulation in the city. Notice shall be given not less than 15 days before the meeting. The Planning Commission is subject to the Open Meetings Act, 1976 PA 267, M.C.L.A. §§ 15.261 to 15.275.
(2) Upon receipt of an application for a special land use approval, a conditional use approval, a planned residential development approval, a site plan approval of a Class A nonconforming use approval or any other land use approval which requires a decision on discretionary grounds, 1 notice that a request has been received shall be given as provided in § 82-33(A). Notification need not be given to more than 1 occupant of a structure, except that if a structure contains more than 1 dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, 1 occupant of each unit or spatial areas shall receive notice. In the case of a single structure containing more than 4 dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice ma 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.
(D) Surveys and plans. Where the Planning Commission is empowered to approve certain uses of premises under the provisions of this chapter or in cases where the Commission is required to make an investigation, the applicant shall furnish such surveys, plans or other information as may be reasonably required by the Commission for the proper evaluation and consideration of the matter.
(E) Hearings; matters to be considered. In making any recommendations or approvals on special land uses, conditional uses, planned residential districts, site plans or other matters authorized by law, the Planning Commission and the City Council, where its approval is also required, shall consider and apply the following standards.
(1) Whether or not the use involved is consistent with and promotes the intent and purpose of this chapter.
(2) Whether or not the use involved is compatible with adjacent uses of land, the natural environment, and the capacities of public services and facilities affected by the land use.
(3) Whether or not the use involved is consistent with the public health, safety and welfare of the city.
(F) Conditions for approval.
(1) Reasonable conditions may be required in conjunction with the approval of a special land use, conditional use, planned residential district or other land uses or activities permitted by discretionary decision. The conditions may include conditions necessary to insure 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 insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall do all of the following:
(a) Be designed to protect natural resources, and 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;
(b) Be related to the valid exercise of the policy, power and purposes which are affected by the proposed use or activity;
(c) Be necessary to meet the intent and purpose of the zoning regulations; be related to the standards established in this chapter for the land use or activity under consideration; and be necessary to insure compliance with those standards.
(2) 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 except upon the mutual consent of the approving authority and the landowner. The approving authority shall maintain a record of changes granted in conditions.
(1993 Code, § 82-34) (Ord. passed 10-12-1992; Ord. passed 3-12-2007)