(a) An application for the approval of a conditional use shall be made by an owner of an interest in the land on which the conditional use is to be located, to the City Manager's office so that the conditional use application can be reviewed interdepartmentally and/or any revisions, corrections, or information necessary can be corrected or made available by the petitioner. This does not necessarily mean that upon review by the Planning Commission any further pertinent information will not be requested.
(b) Three (3) copies of the application and eight (8) copies of the site plan shall be filed, the same to be reviewed interdepartmentally and accompanied by the necessary fees and documents as required. The applicant will be notified of any corrections and/or modifications necessary within thirty (30) days. The applicant shall submit modified site plans to the City Manager or his or her designee, until there is interdepartmental compliance. The applicant shall submit eighteen (18) copies to the City Clerk thirty (30) days prior to the Planning Commission's next regular or special meeting intended for that purpose. Plans shall be prepared by a licensed professional architect, engineer, land surveyor, or community planner. The plans shall have the signature and seal of the licensed professional affixed thereon. This requirement may be waived at the discretion of the City Manager or his or her designee only after the City Manager or his or her designee determines that the scope of the project does not warrant such services. Drawings shall be to the scale of not less than one (1) inch equals twenty (20) feet if the subject property is less than three (3) acres, or not less than one (1) inch equals sixty (60) feet if three (3) acres or more. The information shall accompany all plans submitted for review and must comply with the procedures set forth in these Codified Ordinances and/or any other State laws or statutes and shall contain the following:
(1) Statistical data, including the number of dwelling units, the size of dwelling units (e.g., one (1) bedroom, two (2) bedrooms, and three (3) bedrooms), if any, and total gross acreage involved;
(2) The location of principal and accessory buildings on the lot and the relationship of each structure to another, including setbacks;
(3) Vehicular traffic and pedestrian circulation features within the site and adjacent to the site;
(4) The location and dimensions of all off-street parking areas, including maneuvering lanes, service lanes, off-street loading and unloading spaces, and other service areas within the development;
(5) The location, dimensions, and proposed use of all on-site recreation areas, if any;
(6) The location of all proposed landscaping, fences, or walls;
(7) The height and dimensions of all structures;
(8) Front, rear, and side elevations of any typical structure proposed for development;
(9) The location, size, and capacity of all existing and proposed private or public water facilities, storm, and sanitary sewer service facilities and solid waste disposal facilities servicing the site;
(10) The location, dimensions, and lighting of all signs;
(11) The location, intensity, and orientation of all lighting;
(12) A location map at a larger scale, indicating the relationship of the site to the surrounding land area;
(13) Pavement type and cross-section;
(14) Existing and proposed grades and bench mark, including the subject property and the relationship to adjacent property;
(15) Proof of property ownership or legal capacity to use the property;
(16) A legal description of the property;
(17) Floodplain shown if applicable;
(18) Existing and proposed easements; and
(19) All State of Michigan barrier-free design requirements.
(c) The conditional use permit application may be accompanied by an application for a zone change where such a zone change is necessary for the consideration of the application, provided that all applicable provisions for a zone change application have been complied with.
(d) The application and zone change application, if any, shall be reviewed interdepartmentally and, upon finding the application complete, the City shall instruct the applicant to submit proper copies to the City Clerk thirty (30) days prior the next regular or special Planning Commission meeting intended for that purpose. The Commission shall review and communicate its recommendation on the zone change application to Council within two (2) weeks after the regular or special Planning Commission meeting at which such application was considered.
(e) The Commission shall hear any person wishing to express an opinion on the application and review the conditional use permit application at its next regular or special meeting, intended for that purpose, provided that such meeting provides adequate time to notify adjacent property owners and post a notice of public hearing, as required. Notice procedures under Section 1262.19 shall be followed.
(f) (1) The Commission shall, within two (2) weeks after the public hearing at which the application was considered, advise the applicant, the City Manager, the Building Official, the City Clerk, and Council of its findings regarding vehicular traffic circulation, geological considerations, air, water and land pollution, waste disposal and other problems which can be anticipated from the proposed activity, and of its approval, with any condition the Commission may find necessary, or of its disapproval, with its reasons in writing. The Commission may direct the applicant to comply with any condition which it deems necessary to provide for the public health, safety, and welfare of present or prospective occupants of the conditional use and of any lands contiguous to the proposed use, or deemed necessary for the prevention of any nuisance condition.
(2) Standards for approval shall be as follows:
A. The Planning Commission shall review the particular circumstances and facts applicable to each proposed conditional 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. It will be harmonious with, and in accordance with, the general objectives of the Future Land Use Plan.
2. It will be designed, constructed, operated, and maintained in harmony with the existing and intended character of the general vicinity and so that such use will not change the essential character of that area.
3. It will not be hazardous or disturbing to existing or future neighboring uses.
4. It will represent a substantial improvement to property in the immediate vicinity and to the community as a whole.
5. It 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 such services.
6. It will not create excessive additional requirements at public cost for public facilities and services, or be detrimental to the economic welfare of the community.
7. It will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any person or property or the general welfare by reason of excessive smoke, fumes, glare, noise, vibration, or odors.
8. It will be consistent with the intent and purposes of this Zoning Code.
B. If the facts regarding the conditional use being reviewed do not establish by a preponderance of the evidence that the standards and requirements set forth in this Zoning Code will be met by the proposed use, the Planning Commission shall not approve a conditional use.
In approving a conditional use permit, the Planning Commission may impose of such reasonable conditions of use as it deems necessary to protect the best interests of the City and the general vicinity, to achieve the objectives of this Zoning Code and to assure that the health, safety, and welfare of the general public will not be infringed upon.
The Planning Commission may deny, approve, or approve with conditions, a request for conditional use approval. The decision on a conditional use shall incorporate a statement containing the findings and conclusions relative to the conditional use under consideration which specifies the basis for the decision and any conditions recommended.
C. Upon holding a public hearing and review of the conditional use request, the Planning Commission shall, within thirty (30) days, forward to the Building Official its finding and decision. The finding shall include a record of those conditions which are to be imposed. 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 Planning Commission and the land owner, and the Planning Commission shall maintain a record of all conditions that are changed. All records of proceedings hereunder shall be kept and made available to the public.
A conditional use permit shall be issued by the Planning Commission upon approval. The Planning Commission shall forward a copy of the permit to the owner/applicant, the City Clerk, and the Building Official. The Building Official shall not issue a building permit until he or she has received a copy of the conditional use permit approved by the Planning Commission.
D. Any conditional use permit granted under this Zoning Code shall become null and void and all fees forfeited unless construction and/or use is commenced within twelve (12) months of the date of issuance of said conditional use permit, except that the Planning Commission may, at its discretion, upon application by the owner and for cause shown, provide for up to two (2) successive twelve (12) month extensions.
A violation of any requirement, condition, or safeguard imposed hereunder shall be considered a violation of this Zoning Code and shall constitute grounds for termination of a previously granted conditional use permit.
E. The conditional use review and site plan review may occur concurrently with the mutual consent of the land owner and the Planning Commission; however, neither shall occur concurrently with a proposed amendment to the zoning map or text.
F. Any such disapproval may be appealed to the Board of Zoning Appeals under the provisions of this chapter. The Board shall consider such appeal as a petition for variance and subject to the same standards and relief.
(g) The Building Official shall, upon receipt of notice of approval and upon application by the applicant, accompanied by a receipt duly executed by the City Treasurer attesting to the payment of all required fees, issue a building permit for the approved conditional use, provided that he or she has found satisfactory compliance with all conditions precedent imposed by such approval.
(Res. 24-95. Passed 2-13-95; Res. 2007-02. Passed 7-11-07.)