[1]
State law reference: Special land uses, MCL 125.286b, 125.286d.
[Code 1974, § 81-3.2(A)]
The Township finds that certain uses are generally compatible
in designated zoning districts, but their nature, design, or location
may have negative effects on adjacent land uses as well as the health,
safety, and general welfare of the community. These uses may be allowed
in designated zoning districts as special uses subject to the requirements
and conditions set forth in this chapter and approved in accordance
with the procedures set forth in this division.
[Code 1974, § 81-3.2(B)]
Only the uses authorized as special uses in Article IV of this chapter or as otherwise authorized in Article VI of this chapter may be issued a special use permit. Uses not expressly authorized are prohibited. The designation of a use as a special use does not constitute an assurance that a special use permit will be issued by the Planning Commission. Special uses, because of their nature, require special restrictions and some measure of attention in order to determine whether or not such uses will be compatible with uses permitted by right in the zoning district and with this chapter. Special uses are, therefore, prohibited uses unless permitted by the Township as provided in this chapter. Each request for a special use permit shall be evaluated by the Planning Commission for compliance with the criteria set forth in this division and the applicable standards specified for such special use in the zoning district where the use is to be located.
[Code 1974, § 81-3.2(C)]
The applicant may meet with the Director of Community Planning
and Development to discuss the requirements for a special use permit.
In addition to the preliminary discussions, the applicant may submit
a conceptual plan for review by the Director of Community Planning
and Development in order that preliminary technical deficiencies may
be addressed prior to submittal of an application for a special use
permit. This procedure is intended to be informational only and shall
not limit the substance of the review process.
[Code 1974, § 81-3.2(D)]
(a)
The application shall be submitted to the Director of Community Planning
and Development to be submitted to the Planning Commission and shall
include the provisions specified in this section. Only complete applications
shall be processed.
(b)
A completed special use permit application form, available in the
Department of Community Planning and Development, shall contain the
following information, if applicable:
(1)
The type of special use requested.
(2)
The address and/or parcel number of the property.
(3)
The applicant's name, address, and phone number.
(4)
The name, address, and phone number of all persons with an ownership
interest, if different from the applicant.
(5)
Name and address of the developer, if different from the applicant.
(6)
Name and address of the engineer, architect, landscape architect,
land planner and/or land surveyor aiding in preparation of the site
plan.
(7)
Project title.
(8)
The gross and net acreage of all parcels in the project.
(9)
Proposed project and development phases.
(10)
Total number of existing and proposed structures, units, bedrooms,
or offices.
(11)
Square footage and usable floor area of existing and proposed
buildings.
(12)
Number of existing and proposed parking spaces, carports, or
garages.
(13)
Approximate number of employees by shift.
(14)
Amount and type of existing and proposed recreation and open
space.
(c)
In addition, the following is required:
(1)
A nonrefundable fee in the amount established in the schedule
of fees adopted by the Township Board.
(2)
A legal description of the subject property.
(3)
Evidence of fee and/or other ownership of the property for which
the special use permit is being requested.
(4)
A site plan, drawn to a legible scale, containing the following
information where applicable:
a.
Boundaries of the subject property.
b.
Total area of the subject property.
c.
Location of all existing and proposed structures.
d.
Approximate location and distance of all structures within 100
feet of the subject property.
e.
Uses of existing and proposed buildings, on the subject site.
f.
Proposed means of vehicular and pedestrian ingress and egress
to the subject property.
g.
Public and private roads and streets, rights-of-way, and easements,
indicating names and widths, which abut or cross the site.
h.
Existing and proposed parking spaces, and vehicular and pedestrian
circulation patterns.
i.
The buildable area of the subject property indicating all required
setbacks, yards and open space.
j.
Zoning classification of the subject and adjacent properties.
k.
Existing and proposed fencing, screening, landscaping, and buffers.
l.
Location and sizes of existing utilities including power lines
and towers, both above and below the ground.
m.
Amount and location of all impervious surfaces.
n.
The verified boundaries of all natural water features and required
setback lines.
(5)
Elevations illustrating all sides of the proposed structures
and project entrance features as they will appear upon completion,
accompanied by samples of or a display board of the various exterior
materials and colors proposed to be used for the project.
(6)
A traffic assessment or a traffic impact study may be required as specified in Section 86-130.
[Amended 8-4-2022 by Ord. No. 2022-08]
(7)
Natural features assessment. A written description of the anticipated
impacts on the natural features at each phase and at project completion
in accordance with the following provisions:
a.
The natural features assessment shall, at a minimum, contain
the following information:
1.
An inventory of natural features proposed to be retained, removed,
or modified. Natural features shall include, but are not limited to,
wetlands, significant stands of trees or individual trees greater
than 12 inches dbh, floodways, floodplains, waterbodies, identified
groundwater vulnerable areas, slopes greater than 20%, ravines, and
vegetative cover types with potential to sustain significant or endangered
wildlife.
2.
Description of the impacts on natural features.
3.
Description of any proposed efforts to mitigate any negative
impacts.
b.
The requirement for preparing a natural features assessment
may be waived by the Director of Community Planning and Development
in the following instances:
1.
The Director of Community Planning and Development determines
that no natural features will be significantly impacted by the proposed
project including impacts to adjacent properties.
2.
A similar environmental study was previously prepared for the
subject site and the Director of Community Planning and Development
has determined that no substantive change in conditions has occurred.
(8)
Other information specified by the Director of Community Planning
and Development which is reasonably deemed necessary to evaluate the
application.
[Code 1974, § 81-3.2(E); Ord. No. 2007-12, 10-28-2007]
(a)
Upon determination that the application is complete, the Director
of Community Planning and Development shall initiate the following
review processes:
(1)
Notice of public hearing. A notice shall comply with the provisions outlined in Subsection 86-65(b) of the Code of Ordinances. The applicant shall post a notice of the public hearing on the subject site per the requirements of Subsection 86-65(b)(5).
(2)
Conduct of public hearing. The Planning Commission shall hold
a public hearing on the request for a special use permit.
a.
Any person may appear at the public hearing and submit comments,
either individually or as a representative of a person or an organization.
b.
The Planning Commission may continue the public hearing to a
fixed time, date, and place. Additional notices of continued public
hearings shall not be required unless the hearing is adjourned for
more than 36 hours. If the hearing has been adjourned for over 36
hours, notice shall be provided in the same manner as the original
hearing.
(3)
Additional information. The Planning Commission may request
that additional information be submitted by the applicant to evaluate
the special use permit application.
(4)
Decision. The Planning Commission may deny, approve, or approve
with conditions an application for a special use permit. The decision
shall be incorporated in a statement containing the conclusions relative
to the special use under consideration which specifies the basis for
the decision, and any conditions imposed.
(5)
Notice of decision. The Director of Community Planning and Development
shall notify the applicant in writing of the Planning Commission's
decision and the reasons therefor.
[Code 1974, § 81-3.2(F)]
Applications for special use permits shall be reviewed for compliance
with the following standards and requirements, where applicable. An
application for a special use permit that complies with all the following
standards and requirements in this chapter may be approved. The applicant
shall assure that:
(1)
The project is consistent with the intent and purposes of this chapter.
(2)
The project is consistent with applicable land use policies contained
in the Township's comprehensive development plan of current adoption.
(3)
The project is 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 that such a use
will not change the essential character of the same area.
(4)
The project will not adversely affect or be hazardous to existing
neighboring uses.
(5)
The project will not be detrimental to the economic welfare of surrounding
properties or the community.
(6)
The project is adequately served by public facilities, such as existing
roads, schools, stormwater drainage, public safety, public transportation,
and public recreation, or that the persons or agencies responsible
for the establishment of the proposed use shall be able to provide
any such service.
(7)
The project is adequately served by public sanitation facilities
if so designed. If on-site sanitation facilities for sewage disposal,
potable water supply, and stormwater are proposed, they shall be properly
designed and capable of handling the longterm needs of the proposed
project.
(8)
The project will not involve uses, activities, processes, materials,
and equipment and conditions of operation that will be detrimental
to any persons, property, or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare, or odors.
(9)
The project will not directly or indirectly have a substantial adverse
impact on the natural resources of the Township, including, but not
limited to, prime agricultural soils, water recharge areas, lakes,
rivers, streams, major forests, wetlands, and wildlife areas.
[Code 1974, § 81-3.2(G); Ord. No. 2007-12, 10-28-2007]
The Planning Commission may require additional conditions, beyond
those specified for the particular special use in this chapter, necessary
to accomplish the purposes and intent of this chapter as follows:
(1)
Site conditions including, but not limited to, the following:
a.
Special yards, open spaces, or buffers.
b.
Fences, walls, or installation and maintenance of landscaping.
c.
Points of vehicular ingress and egress.
d.
Traffic circulation systems.
e.
Extent of signage.
f.
Limited hours of operation and methods of operation.
g.
Controls for potential nuisances.
h.
Standards for maintenance of buildings and grounds.
(2)
Development schedules and standards.
(3)
For uses of a temporary nature, review, evaluation, or expiration
of a use after a specified time period may be required.
(4)
Where a variance or other agency approval is required for the establishment
of the proposed special use, the Planning Commission shall condition
the special use permit on obtaining the required variance or approval.
(5)
Performance guarantee. To guarantee compliance with this chapter
and any conditions imposed by this chapter, at the time a certificate
of occupancy is issued, the Director of Community Planning and Development
may require that a cash deposit, certified check, or irrevocable bank
letter of credit in a form acceptable to the Township Treasurer, covering
the estimated cost of incomplete improvements associated with the
approved site plan, be deposited with the Township Treasurer to insure
faithful completion of the improvements. As required improvements
are completed, portions of a cash deposit of certified check may be
rebated. In the case a letter of credit is on file with the Township
Treasurer, as work progresses, a new letter of credit may replace
the letter of credit on file.
(6)
Any condition imposed upon a special use permit shall be part of
the record and remain unchanged, unaltered, and not expanded upon
except with the mutual consent of the Township and the landowner.
[Code 1974, § 81-3.2(H); Ord. No. 2007-08, 9-30-2007; Ord. No. 2010-05, 3-28-2010; Ord.
No. 2011-06, 5-5-2011]
(a)
Limitation. Issuance of a special use permit shall authorize only
the particular use for which it is issued and shall be deemed to affect
only the lot or portion thereof for which such permit shall have been
granted.
(b)
Effective date. The effective date of a special use permit shall
be 10 days from the date of the Planning Commission's approval. In
the event an appeal of the Planning Commission's decision is filed
within this ten-day period, the effective date of the special use
permit shall be the date the appeal is decided in favor of the applicant
or otherwise dismissed or disposed of.
(c)
When permit becomes void. If the special use, or construction related
to the special use, has not commenced within 24 months after the effective
date of the special use permit, such permit shall be void.
(d)
Time for completion. All construction related to the special use
must be completed within 36 months from the effective date of the
special use permit, unless specifically approved as a phased development.
If an extension is granted, all construction related to the special
use permit shall be completed within 48 months from the effective
date of the special use permit, unless specifically approved as a
phased development.
(e)
Reestablishment. An approved special use shall not be reestablished
without obtaining new approval from the Planning Commission in accordance
with this division unless the site has been converted to a use permitted
by right or a subsequent use received a new special use permit.
(f)
Extension request. If the special use, or construction related to
the special use, has not commenced within 24 months from the effective
date of the special use permit, an extension may be requested in writing
prior to the expiration date. An extension shall be reviewed and approved
or denied in writing by the same person or body that made the original
decision.
(1)
Notice of extension request.
a.
A notice shall be delivered personally or by mail to the parties
making the request, owner(s) of the property if different than the
applicant, and to all persons to whom real property is assessed located
within 300 feet of the boundary of the property in question at the
address listed on the most recent assessment roll, and to the occupants
of all structures within 300 feet of the boundary of the property
in question. If the name of the occupant is not known, the term "occupant"
may be used.
b.
The notice of extension request shall be given not less than
15 days before the date of the meeting. The notice shall contain all
of the following information:
1.
Indicate the date, time and place of the meeting.
2.
Describe the nature of the request.
3.
Indicate the property which is the subject of the request, including
any existing street address for the site.
4.
State when and where the request may be examined.
5.
Indicate when and where written comments will be received concerning
the request.
(2)
The extension shall be granted if all three of the following
criteria are met:
a.
The applicant failed to begin construction within the required
time period due to their inability to obtain financing or their inability
to acquire the necessary permits, due to circumstances outside of
the applicant's control.
b.
The project continues to be consistent with the special use permit review criteria listed in § 86-126 of the Township Code of Ordinances as originally applied.
c.
The project remains conforming to all requirements of the previously
approved special use permit.
(3)
One extension may be granted for a period not to exceed 12 months
from the expiration date of the special use permit. In approving an
extension, the person or body making the decision may impose new conditions
to ensure the special use remains conforming to the previously approved
special use. The special use shall meet all applicable codes in effect
as of the date of issuance of a building permit unless otherwise specifically
exempted from the code in the special use permit approval.
[Code 1974, § 81-3.2(I); Ord. No. 2009-04, 6-28-2009]
(a)
Generally. Any applicant who has been granted a special use permit
may apply for an amendment in writing to the Director of Community
Planning and Development. The director shall make a determination
as to whether a proposed amendment constitutes a major or minor amendment
to the original special use permit.
(b)
Major amendments. A major amendment shall be evidenced by having
a significant impact on the permit and the conditions of its approval,
which shall include, but not be limited to:
(1)
Additions to buildings in excess of 2,000 square feet for buildings
under 20,000 square feet in gross floor area or 10% of an existing
building over 20,000 square feet in gross floor area.
(2)
Expansion or increase in the intensity of a use that anticipates
an increase in 100 or more vehicle trip ends during the peak hour.
(3)
The addition of site area equal to or more than 20,000 square
feet for existing sites less than 40,000 square feet in area or two
times the original site size for sites over 40,000 square feet.
(4)
Expansion of a use that anticipates a 10% or greater increase
in required off-street parking spaces.
(5)
The addition of a drive-through window.
(6)
Adjacent to residentially zoned property.
(7)
Any addition to a legal nonconforming site.
(c)
Minor amendments. All projects not defined as major amendments shall
be considered minor amendments.
(d)
Procedure for processing amendments to existing special use permits
determined to be major amendments by the Director of Community Planning
and Development. Major amendments to approved special use permits
may only be granted by the body issuing the original special use permit
in accordance with the procedures and criteria set forth in this section.
(1)
Amendments of special use permits granted by the Planning Commission. Amendments to approved special use permits may only be granted by the Planning Commission in accordance with the procedures and criteria set forth in this division, subject to appeal in accordance with § 86-189.
(2)
Amendments of special use permits granted by the Township Board.
Special use permit applications approved by the Township Board subsequent
to an appeal of the Planning Commission's granting or denial of such
special use permit application shall only be modified, removed, or
replaced through a decision by the Township Board in accordance with
the following procedures:
a.
Application. An application for an amended special use permit
shall be submitted to the Director of Community Planning and Development.
b.
Fee. A fee shall be paid at the time of filing the application
in the amount established in the schedule of fees adopted by the Township
Board.
c.
Public hearing. The application for an amended special use permit shall be subject to the same notices and hearings and all other procedures required for the initial application reviewed and decided by the Planning Commission as set forth in § 86-121 et seq.; however, the term "Township Board" shall be substituted for the term "Planning Commission."
d.
Decision. Prior to deciding the application, the Township Board
may refer the application to the Planning Commission for a recommendation.
(e)
Procedures for processing amendments to existing special use permits
determined to be minor amendments by the Director of Community Planning
and Development. Upon determination that the request is a minor amendment,
the Director of Community Planning and Development shall initiate
the following review process:
(1)
Application. An application for an amended special use permit
shall be submitted to the Director of Community Planning and Development.
(2)
Fee. A fee shall be paid at the time of filing the application
in the amount established in the schedule of fees adopted by the Township
Board.
(3)
Public hearing. The application for an amended special use permit shall be subject to the same notices and hearings and all other procedures required for the initial application reviewed and decided by the Planning Commission as set forth in § 86-121 et seq.; however, the term "Director of Community Planning and Development" shall be substituted for the term "Planning Commission."
[Added 8-4-2022 by Ord. No. 2022-08]
(a)
A traffic
assessment prepared by a certified traffic engineer based, in whole
or in part, on the most current edition of the handbook entitled "Evaluating
Traffic Impact Studies: a Recommended Practice for Michigan Communities,"
shall be required for an overall development (all phases included)
which is expected to generate between 50 and 249 directional trips
during a peak hour of traffic.
(b)
A traffic
impact study prepared by a certified traffic engineer based, in whole
or in part, on the most current edition of the handbook entitled "Evaluating
Traffic Impact Studies: a Recommended Practice for Michigan Communities,"
shall be required for an overall development (all phases included)
or for an individual phase of a development which would generate 250
or more directional trips during a peak hour or over 750 trips on
an average day. Should a development be submitted in phases, the cumulative
effect of each additional phase on those previously reviewed and approved
shall be accounted for and documented within the traffic assessment
or traffic impact study.
(c)
The
requirement for a traffic assessment or traffic impact study may be
waived by the Director of Community Planning and Development in the
following instances:
