(a) Purposes and Intent. In hearing and deciding upon special approvals, the Planning Commission shall base its actions on the theory that the development and execution of a comprehensive Zoning Ordinance is founded upon the division of the City into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are variations in the nature of special uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration in each case of the impact of such uses upon neighboring land, and of the public need for the particular use at the particular location. Such special uses fall into two categories:
(1) Uses either municipally operated or operated by publicly regulated utilities, or uses traditionally affected with a public interest; and
(2) Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
The intent of this section is to provide regulations for uses which are essentially compatible with principal permitted uses in a given district, but which, by reason of the special nature of such uses or their particular location in relation to neighboring properties, require a stricter level of review by the City. Accordingly, special land uses should not be permitted without consideration of relevant restrictions or conditions being imposed which address their unique characteristics.
(b) Authorization. The special approval of specific land uses and activities, as required under Sections 1268.03, 1270.03, 1272.03, 1274.03, 1276.03, 1278.03, 1280.03, 1282.03, 1284.03, and 1286.03, all titled uses permitted after special approval, may be authorized by the Planning Commission, provided that no application for special approval shall be acted upon by the Planning Commission until after a public hearing is held in accordance with Act 110 of the Public Acts of 2006, as amended, and a written report shall become a part of the record.
(c) Applications. An application for special approval for a land use shall be filed and processed in the manner prescribed for an application for site plan review in Section 1296.01, and shall be in accordance with the provisions of Section 1262.07, Application and Fees, and in such form and accompanied by such information as shall be established from time to time by the Planning Commission. Any application for special approval shall be filed simultaneously with an application for site plan review for the subject use.
(d) Notice of Request. Notice of a request for special approval of a land use shall be provided in accordance with the provisions of Section 1262.07(f).
(e) Hearings. The Planning Commission shall conduct a public hearing, subject to the provisions of Section 1262.07(f).
(f) Standards. No special approval shall be granted by the Planning Commission unless it finds the special use affirmatively meets the following criteria deemed applicable in each case:
(1) The special use will promote the use of land in a socially and economically desirable manner for persons who will use the proposed land use or activity, for landowners and residents who are adjacent thereto and for the City as a whole;
(2) The special use is compatible and in accordance with the goals, objectives and policies of the City's Comprehensive Development Plan;
(3) The special use is necessary for the public convenience at that location;
(4) The special use is compatible with adjacent uses of land, and can be constructed, operated and maintained so as to continue to be compatible with the existing or intended character of the general vicinity and so as not to change the essential character of the area in which it is proposed;
(5) The special use is so designed, located and proposed to be operated that the public health, safety and welfare will be protected;
(6) The special use can be adequately served by public services and facilities without diminishing or adversely affecting public services and facilities to existing land uses in the area;
(7) The special use will not cause injury to the value of other property in the neighborhood in which it is to be located;
(8) The special use will protect the natural environment, help conserve natural resources and energy, and will not involve uses, activities, processes, materials and equipment or conditions of operation that will be detrimental to the natural environment, public health, safety or welfare by reason of excessive production of traffic, noise, smoke, odors or other such nuisance;
(9) The special use is within the provisions of uses requiring special approval as set forth in the various zoning districts herein, is in harmony with the purposes and conforms to the applicable regulations of the zoning district in which it is to be located, and meets applicable site design standards for use in Section 1296.02; and
(10) The special use is related to the valid exercise of the City's police power and purposes which are affected by the proposed use or activity.
(Res. 98-529A. Passed 12-21-98.)
(g) Approval. The Planning Commission may deny, approve or approve with conditions any request for special approval of a land use. The decision on a special approval shall be incorporated in a statement of conclusions relative to the specific land use under consideration. The decision shall specify the basis for the decision and any conditions imposed.
(1) Prior to granting any special land use approval, the Planning Commission may impose any additional conditions or limitations as, in its judgment, may be necessary for protection of the public interest. Such conditions shall be related to and ensure that the review considerations and applicable regulations of this Zoning Code are met.
(2) Approval of a special land use, including conditions made as part of the approval, is attached to the property described as part of the application and not to the owner of such property.
(3) A record of the decision or the reasons for the decision reached and any conditions attached to such decision shall be kept and made a part of the minutes of the Planning Commission.
(4) The Building Official shall make periodic investigations of developments authorized by special land use approval to determine continued compliance with all requirements imposed by the Planning Commission. Noncompliance with the requirements and conditions approved for the special land use shall constitute grounds for the Planning Commission to terminate the approval following a public hearing. Such hearing shall be held in accordance with the procedures used for the original hearing as required by this section.
(h) Records. The conditions imposed with respect to the special approval of a land use or activity shall be recorded in the record of the special approval action and shall remain unchanged except upon the mutual consent of the Planning Commission and the landowner. The Planning Commission shall maintain a record of changes granted with conditions.
(i) Validity of Special Land Use Approval.
(1) In cases where actual physical construction of a substantial nature of the structures authorized by a special land use approval has not commenced within one (1) year of issuance, and a written application for extension of the approval has not been filed as provided in paragraph (2), below, the approval shall automatically become null and void and all rights there under shall terminate.
(2) Upon written application filed prior to the termination of the one (1) year period, the Building Official may authorize a single extension of the time limit for a further period of not more than one (1) year provided the Building Official or his or her designee finds that he or she approved site plan adequately represents the current conditions on and surrounding the site and provided the site plan conforms to the current Zoning Ordinance standards. Such extension shall only be granted based on evidence from the applicant that the development has a reasonable likelihood of commencing construction within the one (1) year extension.
(3) The granting of a special land use approval shall allow that particular use to be conforming on the subject property, as long as the standards of this section are maintained.
(4) Any use for which special land use approval has been granted and which ceases to continuously operate for a one (1) year period shall be considered abandoned and the special land use permit shall become null and void. The Building Superintendent may grant an extension of up to an additional twelve (12) months, upon written request from the property owner, upon finding the special land use adequately represents current conditions on and surrounding the site and provided the use will not adversely impact surrounding properties.
(Res. 2011-189A. Passed 8-15-11. Eff. 8-31-11.)
(5) No application for a special land use approval which has been denied wholly or in part shall be resubmitted for a period of one (1) year from the date of the order of denial, except on the grounds of new evidence or proof of changed conditions relating to all of the reasons noted for the denial found to be valid by the Planning Commission.
(Res. 06-283A. Passed 7-31-06; Res. 08-362A. Passed 11-17-08, Eff. 12-3-08.)