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Prior to approval of a special land use application, the Planning Commission shall ensure that the standards specified in this section, as well as other applicable standards of this chapter, are satisfied by the completion and operation of the special land use under consideration.
(A) The Planning Commission shall review the particular circumstances of the application under consideration in terms of the following standards, and shall approve a special land use only upon a finding of compliance with each of the following standards.
(1) The special land use shall be designed, constructed, operated, and maintained in a manner harmonious with the character of adjacent property and the surrounding area.
(2) The special land use shall not change the essential character of the surrounding area.
(3) The special land use shall not be hazardous to adjacent property, or involve uses, activities, materials, or equipment which will be detrimental to the health, safety, or welfare of persons or property through the creation of hazardous or potentially hazardous situations or the excessive production of traffic, noise, smoke, fumes, or glare.
(4) The special land use shall not place demands on public services and facilities in excess of current capacity.
(B) The Planning Commission and/or Township Board may require the submission of a reasonable review fee which the township may use to pay for the services of a qualified attorney, engineer, planner, inspector, or other individual which the Planning Commission and/or Township Board deems necessary. Said fees shall only be used for the review of any proposal covered under the terms of this chapter. All such fees shall be held in escrow and any unused fees shall be returned to the applicant.
(C) The Planning Commission may impose conditions with the approval of a special land use which are necessary to ensure compliance with the standards for approval stated in this section and any other applicable standards contained in this chapter. Such conditions shall be considered an integral part of the special land use application and shall be enforced by the Zoning Administrator.
(D) If, after the establishment of the special land use, the approved use is found not to be in compliance with the approval granted by the Planning Commission, said use shall have 60 days to correct any problems as determined by the Planning Commission. If infractions are not corrected within the 60 days, the provisions of § 155.134 shall be initiated.
(Ord. passed 7-30-2015)
(A) A special land use approval shall be valid for one year from the date of approval, unless approval is revoked as provided in § 155.134, or the special land use has been initiated, or construction necessary for such use has been initiated and is proceeding meaningfully toward completion, in which case the approval shall remain valid indefinitely, unless the use is abandoned or discontinued for six consecutive months.
(B) If, by the end of this one-year period, the special land use has not been initiated or construction necessary for such use has not been initiated or, if construction has been initiated but is not proceeding meaningfully toward completion, then the special land use shall be deemed expired and no longer valid.
(C) A special land use approval, including conditions imposed, is attached to and shall run with the land for which the approval is granted, and shall be binding upon subsequent owners and all occupants of the subject land.
(D) Application for approval of an expired special land use approval shall be considered as a new application.
(Ord. passed 7-30-2015)
The Planning Commission may revoke any special land use approval, or take any other action allowed by law, if the applicant fails to comply with any of the applicable requirements in this chapter, any conditions placed on the approval by the Planning Commission, or any other applicable provisions of this chapter. Prior to revoking a special land use approval, the Planning Commission shall conduct a public hearing and give notice of such hearing in accordance with the Zoning Act, being M.C.L.A. §§ 125.3101 et seq.
(Ord. passed 7-30-2015)
Uses of land and/or development projects granted special exception status by the township prior to the adoption of this chapter may continue this status provided the rules, regulations, requirements, and conditions of the special exception are met.
(Ord. passed 7-30-2015)
(A) No special land use request, or substantially similar request, which has been decided by the Planning Commission shall be submitted for reconsideration within a one-year period from the date of the original application.
(B) After the one-year period, the application will only be considered if the applicant first demonstrated the following:
(1) The conditions involving all of the reasons for the original denial have been significantly altered; or
(2) New conditions or circumstances exist which change the nature of the original request.
(Ord. passed 7-30-2015)
SPECIFIC SPECIAL LAND USE STANDARDS
(A) The following special land uses shall be subject to the requirements of the district in which it is located, in addition to all the applicable conditions, standards, and regulations as are cited in this section.
(B) The following uses have such conditions, standards, or regulations:
(1) Country clubs, golf courses, riding stables, gun clubs, and publicly owned athletic grounds and parks including related uses, such as snack bars, small retail shops selling goods directly related to the primary use, and other similar uses integral to the main use;
(2) Removal and processing of topsoil, stone, rock, sand, gravel, lime, or other soil or mineral resource;
(3) Public or private campgrounds;
(4) Two-family dwellings;
(5) Multiple-family dwellings;
(6) Planned unit developments;
(7) Funeral homes and mortuary establishments;
(8) Group and commercial day care homes and facilities;
(9) Hotels and motels;
(10) Theaters, or similar places of public assembly, as determined by the Zoning Administrator;
(11) Restaurants with drive-through facilities;
(12) Vehicle service stations, with or without mechanical repair;
(13) Vehicle wash establishments, either self-serve or automatic;
(14) Open air businesses and food truck park;
(15) Veterinary hospitals, animal clinics, and commercial kennels;
(16) Utility and public service buildings without storage yards, but not including essential public services such as poles, wires, and underground utility systems;
(17) Body shops;
(18) Lumber and plane mills;
(19) Metal plating, buffing, and polishing;
(20) Commercial storage warehouses;
(21) The manufacture, compounding, processing, packaging, or treatment of products requiring stamping or punch press operations;
(22) Junk yard, salvage yards and impound yards;
(23) Public or private boat launches;
(24) Marinas;
(25) Sexually oriented businesses;
(26) Bed and breakfast establishments;
(27) Private schools, churches, libraries, parks, playgrounds, and community center buildings;
(28) Intensive livestock operations;
(29) Open space developments;
(30) Vehicle sales;
(31) Private hunting facilities;
(32) Private docks accessory to non-residential uses;
(33) Private dock on vacant residential parcel; and
(34) Rental halls.
(Ord. passed 7-30-2015; amended 6- -2005; amended 3- -2013; Ord. 17-06, passed 9-13-2017; Ord. 19-20, passed 8-6-2019)
Country clubs, golf courses, riding stables, and publicly owned athletic grounds and parks including related uses, such as snack bars, small retail shops selling goods directly related to the primary use, and other similar uses integral to the main use.
(A) The use shall be located on property with direct access to a public street.
(B) Any outdoor activity areas shall be set back a minimum of 50 feet from any residential district or use property line.
(C) Lighting for parking areas or outdoor activity areas shall be shielded to prevent light from spilling onto any residential district or use property line.
(D) Access driveways shall be located no less than 50 feet from the centerline of the intersection of any street or any other driveway.
(Ord. passed 7-30-2015)
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