(A) Conditions. The Commission, before approving a special land use request, shall determine that the conditions set for the special land use have been satisfied unless the Board has granted a variance for such conditions. The Commission may deny, approve, or approve with conditions, requests for a special land use. The Commission may impose such conditions or limitations in granting approval as may be permitted by state law and this chapter if the Commission deems conditions necessary to fulfill the spirit or purpose of this chapter. 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 Commission and the landowner. The Commission shall maintain a record of changes granted in conditions. The conditions may include, conditions necessary to ensure that public services and facilities affected by a proposed land use or activity shall be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment, to conserve natural resources and energy, to ensure 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 the following:
(1) Be designed to protect natural resources, the health, safety, and welfare, as well as the social and economic well-being of those who shall 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) Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity;
(3) 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 ensure compliance with those standards.
(B) Decision.
(1) General. The Commission shall deny, approve, or approve with conditions requests for a special land use. The Commission shall approve the any special land use request when the applicant demonstrates that all of the standards contained in this chapter have been met. The basis of a decision for a special land use shall be incorporated in a statement of conclusions relative to the special land use under consideration. The decision shall specify the basis of the decision, and any condition imposed. Any changes in the conditions shall be filed with the Wayne County Register of Deeds as provided herein.
(2) Approval. If the particular special land use is in compliance with the standards set forth in this chapter, the requirements specific to the particular zoning district in which the special land use is proposed, and the conditions imposed under this chapter, the special land use request shall be approved. Upon approval of a special land use, the applicant shall submit a site plan under this chapter. Subsequent amendments to an approved site plan for a special land use shall not require Commission approval unless the amendments significantly impact factors considered by the Commission in approving the special land use, as determined by the Building Code Official. Thereafter, the Building Code Official shall issue a building permit in conformity with the particular special land use so approved. In all cases where a particular special land use has been granted as provided herein, application for a building permit in pursuance thereof shall be made and received by the city not later than one year thereafter or such approval shall automatically be revoked. The Building Code Official may grant an extension thereof for good cause shown under such terms and conditions and for such period of time not exceeding six months as he or she shall determine to be necessary and appropriate. Any special land use that is discontinued or abandoned for a period exceeding one year shall have its approval revoked. No special land use approval shall be effective until a notice of such approval, including all applicable conditions, are filed with the Wayne County Register of Deeds. Any subsequent changes to a special land use shall also be filed with the Wayne County Register of Deeds.
(3) Denial. If the Commission shall determine that the particular special land use(s) requested does not meet the standards of this chapter or otherwise shall tend to be injurious to the public health, safety, welfare or orderly development of the city, the Commission shall deny the application in writing which clearly sets forth the reason(s) for such denial in its minutes.
(4) Appeal. Any person who is denied a special land use request by the Commission may appeal the decision to the Board. In hearing the appeal, the Board shall examine the record of the Commission and determine if the Commission properly applied the conditions established by this chapter. If the Board determines that the Commission properly applied the conditions established by this chapter, then the Board shall uphold the decision of the Commission. If the Board determines that the Commission failed to properly apply the conditions established by this chapter, then the Board shall so state the perceived deficiency and remand the request to the Commission for further examination.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021)