Special Use applications shall be submitted in accordance with the following procedures and requirements, which provide for review and action by the Planning Commission, followed by optional review by the City Council. Although a site plan must be submitted with a Special Use application, approval of the Special Use is required prior to site plan approval.
(A) Applicant eligibility. The application shall be submitted by the owner of an interest in land for which Special Use approval in sought, or by the owner's designated agent. The applicant or a designated representative should be present at all scheduled review meetings or consideration of the proposal may be tabled.
(B) Application forms and documentation. The application for Special Use shall be made on the forms and according to the guidelines in the city’s site plan manual, as provided by the Building or Planning Department.
(C) Application data requirements. A site plan shall be submitted with the Special Use application. In addition, the applicant shall complete any forms and supply any other data that may be required by the Planning Commission, City Council, or city staff to make the determination required, herein. The applicant shall provide all necessary written or graphic materials to document compliance with the standards set forth in section § 154.417, and other regulatory guidelines specified for particular Special Uses elsewhere in this chapter.
(D) Site plan preparation. The site plan shall be prepared in the manner specified in §§ 154.401 through 154.405, the site plan manual, and on the Special Use application form. A site plan which does not meet the stipulated requirements shall be considered incomplete and shall therefore not be subject to formal review.
(E) Submission of a completed plan. The special use application materials, required fees, and six copies of the completed site plan shall be submitted to the Building Department for review.
(F) Review by the city officials. The Zoning Administrator and other appropriate city officials shall review the site plan and application materials, and prepare a written review, which shall specify any deficiencies in the site plan and application and make recommendations as appropriate.
(G) Submission of a revised plan and special use application. The applicant shall revise the site plan and application materials, based on the recommendations set forth in the Zoning Administrator's review. The applicant shall then submit 25 copies of the revised plan for further review by staff and the Planning Commission.
(H) Planning Commission consideration. After all application materials have been received and review fees paid, the application shall be reviewed in accordance with following procedures.
(1) Acceptance for processing. The application shall be placed on the agenda of the next available scheduled Planning Commission workshop and a public hearing shall be scheduled.
(2) Public hearing. Notice of the public hearing shall be published in a newspaper which circulates in the city, and sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet. Notification shall be made in accordance with the provisions in the Michigan Zoning Enabling Act, Act 101 of 2006, as amended.
(3) Planning Commission review. Following the public hearing, the Special Use proposal and plan shall be reviewed by the Planning Commission, based on the standards and regulations in this section.
(4) Plan revision. If the Planning Commission determines that revisions are necessary to bring the Special Use proposal into compliance with applicable standards and regulations, the applicant shall be given the opportunity to submit a revised application and site plan. Following submission of revised application materials, the Special Use proposal shall be placed on the agenda of the next available scheduled meeting of the Planning Commission for further review and possible action.
(I) Planning Commission determination.
(1) The Planning Commission shall review the application for Special Use, together with the public hearing findings and reports and recommendations from the Building Official, City Planner, City Engineer, public safety officials, and other reviewing agencies. The Planning Commission shall then make a determination on the Special Use application, based on the requirements and standards of this chapter. The Planning Commission may approve, approve with conditions, or deny a Special Use request as follows.
(a) Approval. Upon determination by the Planning Commission that the final plan for Special Use is in compliance with the standards and requirements of this chapter and other applicable ordinances and laws, approval shall be granted.
(b) Approval with conditions. The Planning Commission may impose reasonable conditions with the approval of a Special Use proposal, to the extent authorized by law. Conditions imposed shall meet all of the following requirements.
1. Conditions shall be designed to protect natural resources, the health, safety and welfare, and 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. Conditions shall be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity.
3. Conditions shall be necessary to meet the intent and purpose of this chapter, related to the standards established in this chapter for the land use or activity under consideration, and necessary to ensure compliance with those standards.
(c) Denial. Upon determination by the Planning Commission that a Special Use proposal does not comply with the standards and regulations set forth in this chapter, or otherwise would be injurious to the public health, safety, welfare, and orderly development of the city, the Special Use proposal shall be denied.
(2) The Planning Commission shall prepare and transmit a report to the City Council stating its conclusions and decision, the basis for its decision, and any conditions relating to an affirmative decision.
(J) Submission of plans for City Council review. After the Planning Commission makes its determination, the Special Use application and site plan shall be submitted to the City Council for possible consideration. The City Council shall have 20 days to formally take the application under consideration in a public meeting or to formally decide that they will consider the application at a future public meeting. If the City Council decides not to take the application under consideration, the decision by the Planning Commission shall become final. If the City Council does consider and act on the application, then the Planning Commission’s decision shall be considered a recommendation and the decision by the City Council shall become final.
(K) City Council determination. If the City Council chooses to consider a Special Use application, the City Council shall make a determination based on review of the application and site plan, together with the findings of the Planning Commission, and the reports and recommendation from the Building Official, City Planner, City Engineer, Public safety officials, and other reviewing agencies. Following completion of its review, the City Council shall approve, approve with conditions, or deny a Special Use proposal in accordance with the guidelines described previously in division (I) of this section.
(M) Recording of Planning Commission and City Council action. Each action taken with respect to a Special Use shall be duly recorded in the minutes of the Planning Commission or City Council, as appropriate. The minutes shall record the findings of fact relative to each Special Use proposal, the grounds for the action taken, and any conditions imposed in conjunction with approval.
(N) Affect of approval. Upon approval, a Special Use shall be deemed a conforming use permitted in the district in which it in proposed, subject to any conditions imposed and final approval of the site plan. Approval shall affect only the lot or portion thereof on which the proposed use is located.
(O) Zoning Board of Appeals authority. The Zoning Board of Appeals shall not have the authority to consider an appeal of a decision by the City Council or Planning Commission concerning a Special Use proposal. The Zoning Board of Appeals shall have the authority to consider variances associated with a Special Use site plan which relate to setbacks and dimensional requirements.
(P) Application for a building permit. Prior to issuance of a building permit, the applicant shall submit proof of the following.
(1) Final approval of the Special Use application.
(2) Final approval of the site plan.
(3) Final approval of the engineering plans.
(4) Acquisition of all other applicable city, county, or state permits.
(Q) Expiration of Special Use approval. If construction has not commenced within 24 months of final approval, the approval becomes null and void and a new application for Special Use shall be required. Upon written request from the applicant, a 12-month extension may be granted by the body which made the final decision on the initial request, if it finds that the approved Special Use application and site plan adequately represent current conditions on and surrounding the site. The written request for extension must be received prior to the site plan expiration date or a new application for Special Use review will be required.
(R) Revocation of Special Use approval. Approval of a Special Use proposal and site plan may be revoked by the body which made the final decision if construction is not in conformance with the approved plans. In such a case, the Building Official shall ask that the Special Use proposal be placed on the agenda of the Planning Commission or City Council, as appropriate. Written notice shall be provided to the applicant at least five days prior to the meeting at which the case will be considered. The applicant shall be given the opportunity to present information and to answer questions. The Planning Commission or City Council, as appropriate, may revoke approval if it finds that a violation exists and has not been remedied prior to the hearing.
(S) Performance guarantee. The Planning Commission or City Council may require that a performance guarantee be deposited with the city to ensure faithful completion of the improvements. Improvements that shall be covered by the performance guarantee include, but are not necessarily limited to landscaping, open-space improvements, streets, lighting, and sidewalks. The performance guarantee shall comply with the requirements in § 154.036.
(Ord. 92-005, passed 2-17-92; Am. Ord. 13-014, passed 9-9-13; Am. Ord. 20-003, passed 7-6-20)
Penalty, see § 154.999