§ 152.239 VIOLATIONS.

   A violation of the PUD plan or agreement shall be considered a violation of this chapter.

(Ord. 150, passed 10-12-2020)

SPECIAL LAND USES

§ 152.240 PURPOSE.

   (A)   The purpose of this subchapter is to provide a means for the Village of Pinckney to authorize, subject to minimum standards and appropriate conditions, certain specified uses that may be compatible with permitted uses in a district, but that may also have a greater impact on surrounding properties. This subchapter is intended to provide an opportunity for the public, and the Planning Commission to review each proposed special land use, and identify potential impacts with regard to the individual circumstances of the site and use.

   (B)   It is further intended to provide an opportunity for the Planning Commission to impose the conditions as are necessary to ensure that the special land use will be compatible with surrounding uses and consistent with the purpose of the district in which it will be located. If it is determined that one or more negative impacts will be generated by the special land use and that these impacts cannot be reasonably mitigated, the Planning Commission may deny the special land use in order to protect the health, safety, welfare and quality of life of village residents.

   (C)   Sections 152.241 and 152.242 contain general procedures and standards that apply to all special land uses. Section 152.243 contains specific standards that apply only to the specific special land uses listed in § 152.243.

(Ord. 37, passed 8-28-2005; Ord. 91, passed 10-12-2009; Ord. 134, passed 11-14-2016; Ord. 139, passed 9-11-2017)

§ 152.241 PERMIT APPLICATION AND PROCESS.

   Applications for a special land use permit shall be submitted and processed as follows:

   (A)   Application submittal. No application shall be considered by the village unless it is accompanied by the following:

      (1)   A village application form completed in full by the applicant and signed by all persons, firms or corporations having an ownership interest in the property. For the purposes of this section, OWNERSHIP INTEREST shall mean the titled owner(s) and land contract holder(s);

      (2)   A preliminary site plan containing all of the information required by § 152.389;

      (3)   A written statement by the applicant and any supporting evidence explaining how the special land use will comply with the following:

         (a)   The general criteria in § 152.242; and

         (b)   The specific criteria in § 152.243 as applicable.

      (4)   A processing fee as established by the Village Council; and

      (5)   An application for a residential open space development shall also include a parallel site plan prepared in compliance with § 152.353(A).

   (B)   Process.

      (1)   The Zoning Administrator shall transmit the full special land use permit application to the Planning Commission for review. The Planning Commission shall fix a reasonable time for a public hearing. The Zoning Administrator shall provide notice of the public hearing in accordance with the requirements of § 152.022(C).

      (2)   Upon conclusion of the public hearing, the Planning Commission shall deny or approve, with or without conditions, or table for further consideration the special land use permit; or in the case of special land use permit applications for a marihuana establishment, residential open space development, condominium project, or other planned development, shall make a recommendation to the Village Council to deny or approve, with or without conditions, the special land use permit. If no decision or recommendation is made at the advertised hearing, disposition of the case must be set to a date certain at that time, and this date must be clearly stated in the meeting minutes. If no certain date is set and duly noted in the public record, notice of the next meeting at which the case will be considered shall be provided as required in division (B)(1) above. The Planning Commission shall make a decision or recommendation upon each case within 60 days of the public hearing, unless additional time is granted by the applicant.

      (3)   For special land use permit applications for a marihuana establishment, residential open space development, condominium project, or other planned development, a summary of the Planning Commission recommendation and comments submitted at the public hearing shall be transmitted with the special land use permit application and staff report to the Village Council. The Village Council may hold additional public hearings if it considers it necessary. The Village Council shall make a decision upon each case within 60 days of the Planning Commission's recommendation or refer the proposal back to the Planning Commission for further consideration, unless additional time is granted by the applicant.

   (C)   Permit expiration. A special land use permit issued pursuant to this subchapter shall be valid for one year from the date of issuance. If construction has not commenced and proceeded meaningfully toward completion by the end of this one-year period, the Zoning Administrator shall notify the applicant in writing, no more than 30 days before the expiration date, that upon expiration, the permit will become null and void.

   (D)   Permit amendment. Changes to an approved site plan shall comply with § 152.394. Changes to other condition(s) of approval, including but not limited to performance standards, shall be processed in compliance with division (B) above.

   (E)   Permit renewal. Upon written request by the applicant, a one-year extension may be granted by the Planning Commission if it finds that the approved special land use permit and site plan still comply with the requirements of this chapter. A written request for permit renewal must be received by the village prior to the expiration date, or a new application for a special land use permit will be required. Upon expiration of the initial one-year extension on a special use permit. Planning Commission may grant, upon written request by the applicant, subsequent one-year extensions of the special land use permit, upon showing of good cause.

   (F)   Revocation. Based upon a recommendation by the Zoning Administrator, the Planning Commission shall have the authority to revoke any special land use permit after it has been proved that the holder of the permit has failed to comply with any of the applicable requirements of this chapter and/or permit approval. The Zoning Administrator shall give written notice of the violation to the holder of the permit, and correction must be made within 30 days. After a 30-day period, the Zoning Administrator shall give a second notice, and the use for which the permit was granted must cease within 60 days from the date of second notice.

   (G)   Re-application. No application for a special land use permit that has been denied wholly or in part by the Planning Commission shall be resubmitted until the expiration of one year or more from the date of denial, except on the grounds of newly discovered evidence or proof of change of conditions.

   (H)   For special land use permit applications for a residential open space development, condominium project, or other planned development, special land use permit amendments, renewals, and revocations shall also require the Village Council's approval.

(Ord. 37, passed 8-28-2005; Ord. 83, passed 10-27-2008; Ord. 91, passed 10-12-2009; Ord. 139, passed 9-11-2017; Ord. 153, passed 12-14-2020) Penalty, see § 152.999

§ 152.242 GENERAL APPROVAL CRITERIA.

   (A)   Before approving or denying a special land use permit application, the Planning Commission shall review the particular facts and circumstances of the application and establish a preponderance of the evidence.

   (B)   The Planning Commission shall approve the application only if all proposed uses and structures on the subject site comply with the general standards set forth in this section.

   (C)   These general standards apply to all uses authorized by a special land use permit.

   (D)   The specific and detailed standards set forth in § 152.243 apply to particular uses, as indicated, and must be met in addition to the general standards below, where applicable.

      (1)   Compliance with Comprehensive Plan. The special land use shall be consistent with the general goals, objectives and policies of the adopted Village of Pinckney Comprehensive Plan.

      (2)   Compliance with Zoning District.

         (a)   Special land uses permitted within any district shall be only those listed within the district.

         (b)   The special land use shall be consistent with the purpose of the zoning district in which it will be located.

         (c)   Unless otherwise specified in this chapter, the special land use shall comply with the lot, access, yard, setback and other site design requirements of the zoning district in which it is located.

      (3)   Compatibility. The special land use shall be designed, constructed, operated and maintained in a manner that is compatible with the essential character, permitted use, enjoyment and value of surrounding property and shall enhance the community as a whole.

      (4)   Infrastructure and services. The special land use shall be adequately served by essential public services and other infrastructures such as roads, emergency services, drainage structures and water and sewage facilities. The proposed use shall not create a need for additional public facilities or services at public cost.

      (5)   Traffic. The special land use shall minimize traffic impacts. In determining whether this requirement is met, consideration shall be given to anticipated traffic generation, automobile circulation, access to public roads, relationship to intersections, sight distances, access to off-street parking and pedestrian traffic. Access drives connected to roads under state and county jurisdiction shall comply with applicable road agency standards.

      (5)   Environmental performance. The special land use shall not involve uses, activities, processes, materials, equipment or conditions of operation that may be detrimental to any person or property, or to public health, safety and welfare. In determining whether this requirement is met, consideration shall be given to the production of runoff, traffic, noise, vibration, smoke, fumes, odors, dust, glare and light.

      (6)   Natural resources. The special land use shall minimize impacts on the natural environment. In determining whether this requirement is met, consideration shall be given to scenic views, floodplains, surface waters, wetlands, groundwater recharge areas, woodlands, wildlife habitat and steep slopes.

      (7)   Architecture. The architectural design of all structures, including buildings and signs, shall be compatible with the design and character of structures in the surrounding area. As part of the application, the Planning Commission may require detailed drawings of proposed signs and architectural facades, including full construction elevations and information on exterior materials, colors and detailing.

      (8)   Compliance required. Uses and structures shall comply with all other provisions of this chapter, including §§ 152.240 et seq. through §§ 152.415 et seq. and all other applicable federal, state and local codes and ordinances.

(Ord. 37, passed 8-28-2005; Ord. 139, passed 9-11-2017)