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(A) The purpose of this section is to provide regulations for uses which are essentially compatible with uses permitted by right in a given district, but which, by reason of the special nature of the uses or their particular location in relation to neighboring properties, require a stricter level of review by the township.
(B) Accordingly, special land uses should not be permitted without consideration of relevant restrictions or conditions being imposed which address their unique characteristics.
(Ord. 99, passed 11-18-1996, § 16.01)
(A) An application for a special land use permit as provided under the provisions of this chapter shall be made to the administrative official by filing a special land use permit application form; submitting required data, exhibits, and information; and depositing the required fee.
(B) The application for a special land use permit shall contain the following:
(1) Applicant’s name, address and telephone number;
(2) Address and tax description number of the subject parcel;
(3) A signed statement that the applicant is the owner of the subject parcel, or is acting as the owner’s representative;
(4) A certified survey drawing of the subject parcel;
(5) A site plan;
(7) If requested by the Planning Commission, the applicant will provide an environmental impact statement dealing with air, water, sound pollution, storm water runoff, vehicular traffic, and any other areas of concern the Planning Commission deems necessary;
(8) Payment of an application fee, which shall be non-refundable, and be established by resolution of the Township Board; and
(9) Payment of a review fee established by the Township Board to cover the cost of review by a professional engineer, architect, or planner of submitted plans. Any portion of the fee not expended shall be returned to the developer.
(Ord. 99, passed 11-18-1996, § 16.02)
The Planning Commission shall have the authority to approve special land use permits, subject to conditions of design, operation, and appropriate and reasonable safeguards as the township may require for any special land use included in the various provisions of this chapter.
(A) Upon receipt of an application for a use requiring special approval, the Planning Commission shall hold a public hearing.
(B) The Planning Commission shall comply with the requirements of § 153.427.
(C) Following the public hearing, the Planning Commission shall consider the special land use permit applications. The decision rendered by the Planning Commission on the special land use permit application shall be accompanied by a clear explanation of the reason for the action taken and shall be based on the criteria in this chapter. Any permit issued shall contain all the specified conditions under which the use is allowed. Only upon approval of the Planning Commission shall a special land use permit be issued by the administrative official.
(D) (1) A special land use permit issued under this section runs with the land.
(2) However, if construction has not commenced and proceeded meaningfully toward completion by the end of this 1-year period, the administrative official shall notify the applicant in writing of the expiration or the revocation of the permit.
(3) If an activity permitted by a special land use permit is discontinued for a period of 1 year, the permit is expired.
(E) (1) The Planning Commission may revoke any special land use permit if the structure or use does not comply with any of the conditions stated on the permit or imposed at the time of special land use approval.
(2) The Planning Commission shall consider the revocation of a special land use permit at a public hearing on the revocation following the same notice requirements as required for issuance of a special land use permit.
(3) After revocation notice has been given, the use for which the permit was granted must cease within 60 days.
(F) (1) Failure to terminate the use for which the permit was granted within 60 days is declared to be a nuisance per se and a violation of this chapter.
(2) The violation shall be reported to the Township Attorney who is hereby authorized to, and shall initiate procedures to eliminate the violations.
(G) No application for a special land use permit which has been denied wholly or in part by the Planning Commission shall be resubmitted until the expiration of 1 year or more from the date of the denial, except on the grounds of newly-discovered evidence or proof of changed conditions.
(Ord. 99, passed 11-18-1996, § 16.03; Am. Ord. 157, passed 7-17-2007
) Penalty, see § 153.999
Before making a recommendation on a special land use permit application, the Planning Commission shall establish that the following general standards, as well as the specific standards of this chapter are satisfied.
(A) General standards. The Planning Commission shall review each application for the purpose of determining that the proposed use meets the following standards:
(1) Be harmonious with and in accordance with the general objectives of the Charter Township of Montrose Community Master Plan;
(2) Be designed, constructed, operated, and maintained in harmony with the existing and intended character of the general area and that the use will not change the essential character of that area;
(3) Will not be hazardous or disturbing to existing or future neighboring uses;
(4) Be served adequately by essential public services and facilities, such as highways, streets, drainage structures, police and fire protection and refuse disposal, or persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately for those services;
(5) Will not create excessive requirements at public cost for public facilities and services, and will not be detrimental to the economic welfare of the community;
(6) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive smoke, fumes, glare, noise, vibration or odors; and
(7) Will be consistent with the intent and purposes of this chapter.
(B) Specific standards.
(1) The general standards are applicable to all special land uses.
(2) However, certain special land uses, because of their unique character and potential impact, are required to meet specific standards and regulations, which are contained in § 153.219 below with specific site and/or use standards are the following:
(a) Adult entertainment uses;
(b) Adult foster care large group home for 13 to 20 residents;
(c) Adult foster care small group home for 7 to 12 residents;
(d) Automobile service stations (convenience stores with gasoline service);
(e) Automobile repair facility (repair garage);
(f) Banks, credit unions, savings and loan and other businesses with drive-through facilities;
(g) Bed-and-breakfast inns;
(h) Car washes, automatic or self-service;
(i) Duplex (2-family residential structure);
(j) Churches, synagogues and other places of worship;
(k) Commercial outdoor recreation establishments (excluding golf related uses);
(l) Commercial outdoor storage;
(m) Family care home, day care centers, nursery schools, and day nurseries;
(n) Fast-food establishment, carry-out restaurant, drive-in or drive-through restaurant;
(o) Greenhouses and nurseries;
(p) Group day care homes;
(q) Home occupations;
(r) Junk yards;
(s) Outdoor sales, sales space for sale of new and used automobiles, farm equipment, house trailers, and travel trailers;
(t) Self storage units; and
(u) Utility and public service buildings.
(Ord. 99, passed 11-18-1996, § 16.04)
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