Application for a special land use shall be submitted and processed under the following procedures:
(a) An application shall be submitted to the Planning Commission on a form for that purpose. Each application shall be accompanied by the payment of a fee as determined by resolution of the City Council.
(b) Applications for a special land use permit shall also be accompanied by a site plan which shall contain the information for final site plans required by Chapter 1276.
(c) The Planning Commission may also require that the applicant provide additional information about the proposed use. Such information may include, but shall not be limited to, traffic analysis, environmental impact statement, an economic analysis justifying the need for a proposed commercial use or uses, impact on public utilities and services and effect on the public school system.
(d) Upon receipt of an application for a special land use a public hearing shall be held. The public hearing shall comply with the Michigan Zoning Enabling Act, PA 110 of 2006 as amended and the other provisions of this section with regard to public notification.
(1) Responsibility for public notice. The City Clerk, or his or her designee, shall be responsible for preparing the content of the public notice, having it published and mailed or delivered as provided in this section.
(2) Notice requirements. Notice of a public hearing for a special land use shall be given not less than fifteen days before the date of the public hearing. The notice shall be given as follows:
A. Newspaper notice. The notice shall be published in a newspaper that circulates in the City.
B. Mail and personal notice. The notice shall be sent by first class mail or personal delivery to:
1. The owner of property for which approval is being considered, and the applicant, if different than the owner of the property.
2. Except for rezoning requests that are proposed for eleven (11) or more adjacent parcels, the notice shall be sent to all persons to whom property is assessed within three hundred (300) feet of the boundary of the property subject to the request, regardless of whether the property or occupant is located within the municipal boundaries of the City. If the name of the occupant is not known, the term "occupant" may be used in making notification. In the case of a single structure containing more than four (4) dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. In structures containing four (4) or fewer dwelling units, only one (1) occupant of each unit must be given notice of the public hearing.
3. All neighborhood organizations, public utility companies, airports, railroads, and other persons, which have requested to receive notice pursuant to this section.
(3) Record of Mailing. The City Clerk, or his or her designee, shall prepare an affidavit of mailing which shall include those to whom the notice was mailed and the date of mailing.
(4) Content of Notice. The public notice shall:
A. Describe the nature of the request.
B. Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the subject property. Street addresses do not need to be created and listed if no such addresses currently exist for the property. If there are no street addresses, other means of identified may be used, such as a tax parcel identification number, identifying the nearest cross streets, or including a map showing the location of the property.
C. Indicate the date, time and place of the public hearing.
D. Include a statement describing when and where written comments will be received concerning the request and a statement that the public may appear at the public hearing in person or by counsel.
(5) Registration to receive notice by mail. Any neighborhood organization, public utility company, railroad or any other person may register with the City Clerk to receive written notice of any public hearing held pursuant to Part Twelve, Planning and Zoning, of the City Code.
(e) At the public hearing or within a reasonable time thereafter, the Planning Commission shall deny, approve, or approve with conditions, the request for a special land use. The decision shall be incorporated in a statement containing the conclusions relative to the special land use under consideration which specifies the basis for the decision, and any conditions imposed.
The decision of the Planning Commission rendered pursuant to the request shall be final unless such decision is reversed or modified by a court of competent jurisdiction. The Board of Zoning Appeals is without jurisdiction to accept appeals or grant variances from the decision of the Planning Commission.
(Ord. 390. Passed 3-6-01; Ord. 443. Passed 1-2-07; Ord. 469. Passed 10-6-09.)