(a) Review process; standards.
(1) Notwithstanding anything to the contrary contained in this chapter and to secure compliance with Act 638 of the Public Acts of 1978, being MCLA §§ 25.581 et seq., and MSA §§ 5.2931 et seq., in the chapter pertinent to “special land uses, conditional uses” and/or “planned unit developments, community development projects” or concepts in this chapter under different terminology designed to accomplish similar objectives of a reviewing process, hereafter such reviewing process is delegated to the Planning Commission. Any site plan review required pertinent to the foregoing is also hereby similarly delegated to the Planning Commission. Any site plan review required pertinent to the foregoing is also hereby similarly delegated, notwithstanding any other applicable provisions of this chapter or any other ordinance of the City to the contrary.
(2) In addition to specific standards which may be applicable, the following standards shall serve as the basis for decisions involving special land uses, planned unit developments, and other discretionary decisions contained in this chapter. The proposed use or activity shall:
a. Be compatible with adjacent uses of land;
b. Be consistent with and promote the intent and purpose of this chapter, the Master Plan and other adopted renewal plans;
c. Be compatible with the natural environment;
d. Be consistent with the capabilities of public services and facilities affected by the proposed use; and
e. Protect the public health, safety and welfare.
(b) Applications for conditional uses and community development projects.
(1) Filing of applications. Any application under the provisions of this chapter may be taken by any property owner, or option holder with the consent of the property owner, or by a tenant, or by a governmental officer, department, board or bureau. Such applications shall be filed with the Building Inspector, who shall transmit the same to the designated Planning Official.
(2) Report. The designated Planning Official shall investigate the application and submit a report thereto, together with his or her recommendation to the Commission.
(3) Hearings. The Commission shall fix a reasonable time for the hearing of the application for a conditional use permit or community development project, give 15 days’ public notice thereof in an official newspaper or paper of general circulation in the City, as well as notice to the parties in interest, and decide the same within a reasonable time. Each application shall be accompanied by a check, payable to the Treasurer of the City, or a cash payment, to cover the cost of publication, posting and hearings. The amount shall be established from time to time by resolution of the City Council, kept on file by the City Clerk, and contained in Appendix A of the City Code. At the hearings, any party may appear in person or be represented by an agent or attorney. Parties of interest shall include the applicant and all owners of record of any real property within 300 feet of the premises in question. The owners of record for the purposes hereof shall be those persons appearing on the assessment rolls of the City. The required notice shall be delivered personally or by mail addressed to the respective owners at the address given on the last assessment roll.
(4) Decision of Commission. The Commission shall decide all applications and appeals within 30 days after the final hearing thereon. A certified copy of the Commission’s decision shall be transmitted to the applicant and to the Building Inspector. Such decision shall be binding upon the Building Inspector and observed by him or her and he or she shall incorporate the terms and conditions of the same in the permit to the applicant, whenever a permit is authorized by the Commission. The decision of the Commission is appealable to the Zoning Board of Appeals by either the applicant or by 20% of the owners of real property within 300 feet of the premises in question.
(Ord. 2846, passed 7-26-1982; Ord. 3043, passed 8-24-1987; Ord. 3080, passed 10-24-1988; Ord. 3429, passed 2-8-1999)