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