(A) Application.
(1) Applications for conditional land use permits authorized in this chapter shall be submitted to the Zoning Administrator on a form provided by the village.
(2) In addition to a complete application form, the applicant is required to submit a preliminary site plan prepared in accordance with § 151.023. Incomplete submittals shall not be accepted by the Zoning Administrator.
(B) Procedures.
(1) Conditional land use permits may be granted by the Village Council at its discretion.
(2) The Zoning Administrator shall review the proposed application and preliminary site plan to determine if all required information has been supplied, and forward the completed application, preliminary site plan, and supporting data to the Planning Commission for a recommendation.
(3) (a) Upon receipt of a recommendation by the Planning Commission, 1 notice that such a request has been received shall be published in at least 1 newspaper of general circulation within the village and sent by certified mail or personal delivery to the owners of the 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. If the name of the occupant is not known, the term “occupant” may be used in making notification. Notification need not be given to more than 1 occupant of a structure, except that if a structure contains more than 1 dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, 1 occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than 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.
(b) 1. The notice shall be given in accordance with the requirements of the Michigan Zoning Enabling Act, Act 110 of the Public Acts of 2006, M.C.L.A. §§ 125.3101 et seq. not less than 15 days before the date the application will be considered. The notice shall:
a. Describe the nature of the conditional land use request;
b. Indicate the property which is the subject of the conditional land use request;
c. State when and where the conditional land use request will be considered;
d. Indicate when and where written comments will be received concerning the request; and
e.
Indicate that a public hearing on the conditional land use request may be requested by the property owner or the occupant of a structure located within 300 feet of the boundary of the property being considered for a special use.
2. At the initiative of the Village Council or upon the request of the applicant or a property owner or resident entitled to notice hereunder, a public hearing shall be held pursuant to notice as required in this paragraph before a decision is made on the request for a conditional land use.
(4) (a) After notice, and after a public hearing if requested, the Village Council may deny, approve, or approve with conditions a request for a conditional land use. The decision of the Village Council shall be incorporated in a statement of conclusions relative to the conditional land use under consideration. Any decision which denies a request or imposes conditions upon its approval shall specify the basis for the denial or the conditions imposed.
(b) The Village Council may impose additional conditions and safeguards deemed necessary for the general welfare, for the protection of individual property rights, and for ensuring that the purposes of this chapter and the general spirit and purpose of the district in which the conditional use is proposed will be observed.
(C) Basis of determinations. The Planning Commission and Village Council shall review the proposed conditional use in terms of the standards stated within this chapter and shall establish that the use and the proposed location:
(1) Will be harmonious and in accordance with the general objectives or any specific objectives of the Master Plan;
(2) Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the area;
(3) Will not be hazardous or disturbing to existing uses or uses reasonably anticipated in the future;
(4) Will be an improvement in relation to property in the immediate vicinity and to the village as a whole;
(5) Will be served adequately by essential public services and facilities or that the persons responsible for the establishment of the proposed use will provide adequately any such service or facility;
(6) Will not create excessive additional public costs and will not be detrimental to the economic welfare of the village; and
(7) Will be consistent with the intent and purposes of this chapter.
(D) Duration, voiding, and extensions of permit.
(1) Unless otherwise specified by the Village Council, any conditional land use permit granted under this section shall be null and void unless the development proposed shall have its first building inspection within 1 year from the date of the granting of the permit. The Zoning Administrator shall give notice by certified mall to the holder of a permit before voidance is actually declared. The notice shall be mailed to the permit holder at the address indicated on the permit. Within 30 days of receipt of notice of voiding of the permit, the applicant shall have the right to request an extension of the permit from the Village Council. The Village Council may grant an extension thereof for good cause for a period not to exceed 1 year.
(2) The Zoning Administrator may suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued erroneously on the basis of incorrect information supplied by the applicant or his or her agent and is in violation of any of the provisions of this chapter or of any other ordinances or regulations of the village.
(E) Reapplication. No application for a conditional use permit which has been denied wholly or in part shall be resubmitted until the expiration of 1 year or more from the date of the denial, except on grounds of newly discovered evidence or change of conditions found to be sufficient to justify reconsideration by the Village Council.
(Ord. 239, passed 3-5-2001, § 3.3; Am. Ord. 278, passed 9-19-2011)