(A) The Planning Commission shall review the particular circumstances and facts applicable to each proposed special condition use in terms of the following standards and requirements and shall make a determination as to whether the use proposed to be developed on the subject parcel meets the following standards and requirements:
(1) Will be harmonious with and in accordance with the general objectives of the Future Land Use Plan;
(2) Will be designed, constructed, operated and maintained, in harmony with existing and intended character of the general vicinity and so that the use will not change the essential character of that area;
(3) Will not be hazardous or disturbing to existing or future neighboring uses;
(4) Will represent a substantial improvement to property in the immediate vicinity and to the community as a whole;
(5) Will be served adequately by essential public services and facilities, such as highways, streets, drainage structures, police and fire protection and refuse disposal, or persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately for these services;
(6) Will not create excessive additional requirements at public cost for public facilities and services, and will not be detrimental to the economic welfare of the community;
(7) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive smoke, fumes, glare, noise, vibration or odors; and
(8) Will be consistent with the intent and purposes of this chapter.
(B) If the facts regarding the special condition use being reviewed do not establish by a preponderance of the evidence that the standards and requirements set forth in this chapter will be met by the proposed use, the Planning Commission shall not recommend special condition approval to the Township Board.
(1) In recommending approval of a special condition use permit to the Township Board, the Planning Commission shall recommend imposition of such reasonable conditions of use as it deems necessary to protect the best interests of the township and the general vicinity, to achieve the objectives of this chapter and to assure that the general public health, safety and welfare will not be infringed upon.
(2) The Planning Commission may recommend denial, approval or approval with conditions of a request for special condition use approval. The recommendation on a special condition use shall be incorporated in a statement containing the conclusions relative to the special condition use under consideration which specifies the basis for the decision and any conditions recommended.
(C) (1) Upon holding a public hearing and review of the special condition use request, the Planning Commission shall within 30 days forward to the Township Board its finding and recommendation. The finding shall include a record of those conditions which are recommended to be imposed. The Township Board, upon receipt of the finding and recommendation, may deny, approve or approve with conditions any request for a special condition use approval. Any decision on such a request shall state the findings of fact and specify the conclusions drawn therefrom and any conditions imposed thereon. Any conditions imposed shall remain unchanged except upon the mutual consent of a majority of the Township Board and the landowner, and the Township Board shall maintain a record of all conditions that are changed. All records of proceedings hereunder shall be kept and made available to the public.
(2) A special condition use permit shall be issued by the Township Board upon approval. The Township Board shall forward a copy of the permit to the owner/applicant, Clerk and Building Official. The Building Official shall not issue a building permit until he or she has received a copy of the special condition use permit approved by the Township Board.
(D) Any special condition use permit granted under this chapter shall become null and void and all fees forfeited unless construction and/or use is commenced within 12 months of the date of issuance of the special condition use permit, except that the Township Board may at its discretion, upon application by the owner and for cause shown, provide for up to 2 successive 12-month extensions.
(E) A violation of any requirement, condition or safeguard imposed hereunder shall be considered a violation of this chapter and constitute grounds for termination of a previously granted special condition use permit.
(F) The special condition use review and site plan review may occur concurrently with the mutual consent of the landowner and the Planning Commission.
(Ord. § 24.03, passed 5-22-1997)