[Code 1975, § 39-113; Code 1992, § 32-481; 8-13-2001 by Ord. No. 1188; 10-10-2005 by Ord. No. 1253; 10-22-2007 by Ord.
No. 1280; 5-24-2010 by Ord. No. 1311; 6-25-2012 by Ord. No. 1337]
(a) Before the issuance of a permit for the establishment, erection, reconstruction, structural alteration, enlargement, addition to or moving of any use which, as provided by the district regulations and other regulations in this chapter, shall be permitted in a certain district as a permitted use after special approval, such use shall be approved by the Planning Commission after a public hearing. Site plan review shall be required for all such special approval uses in accordance with §
52-697.
(b) Action of the Planning Commission on any such matter shall be taken
only after an application therefor in writing shall be filed with
the Chief Inspector and shall be governed by the required procedure
for an appeal pursuant to Public Act 110 of 2006 (MCL 125.3101 et
seq.), including holding a hearing.
(c) The issuance of any permit shall not be approved unless the Planning
Commission shall find, in each case, that:
(1)
All requirements set forth in this chapter will be complied
with.
(2)
The use and any proposed structures to be utilized in connection
therewith will not create any threat to the public health, safety
and welfare and will not unduly aggravate any traffic problem in the
area.
(3)
The proposed use will not be injurious to the surrounding neighborhood.
(4)
The proposed use will not be contrary to the spirit and purpose
of this chapter. The Planning Commission may recommend such conditions
as it may deem reasonably necessary to promote the spirit and intent
of this chapter.
(5)
All proposed structures, equipment or material shall be readily
accessible for fire and police protection.
(6)
The proposed use shall not cause traffic congestion or movement
out of proportion to that normally prevailing in the particular district.
(7)
The proposed use shall provide sufficient space for the off-street
parking of all vehicles attracted by its presence and shall abide
by the regulations set forth in this chapter for its particular district
or use.
(8)
Any proposed building shall not be out of harmony with the predominant
type of building in the particular district by reason of its size,
character, location, or intended use.
(d) The issuance and validity of any special use permit is contingent
upon the conditions/uses existing at the time of issuance. The permit
goes with the building and specific use of the building as authorized
on the permit, except where specifically prohibited. Transfer of property
does not affect the use permit. When property, for which a special
permit has been designated, has a change in ownership or use, another
use may occupy such property provided the proposed use and parking
requirements are similar to the former use for which the special permit
was granted. A use certificate shall be issued from the Planning Department
prior to the new use occupying such property. Change in use to a nonsimilar
activity will result in the use permit becoming null and void. A new
special permit (special approval) shall be required from the Planning
Commission if the following items prevail:
(1)
The former use has ceased for a period exceeding six months.
(2)
New additions or new structures are required.
(3)
The new use is a different character as compared to existing
use. The new use must be a "use allowed after special approval" in
such zoning district.
(4)
More parking spaces are required than were necessary for the
previous use.
(5)
Home occupations and state licensed care facilities in the home
such as family or group day care, expire upon change of ownership
and are not transferable to a new address or new property owner.
(e) A site plan shall be submitted with an application for the special approval use permit. The site plan shall show the location of all structures and parking on the property for the proposed use. Follow the requirements necessary for submitting a site plan as required in §
52-697(d) through
(h).
[Code 1975, § 39-114; Code 1992, § 32-482; 10-22-2007 by Ord. No. 1280]
Special approval use permits for parking lots for business uses
in residential areas shall be allowed to remain with the business
as long as the business is the same or similar use. A change in ownership
will not affect the validity of a special approval use permit granted
for a parking lot for a business use. Said parking lot shall be allowed
only as an expansion of an existing parking lot and adjacent to said
business property.
[Code 1992, § 32-483; 8-13-2001 by Ord. No. 1188]
(a) The Planning Commission may deny issuance of a special approval use
permit after review and public hearing. Such recommendation for denial
will be submitted as correspondence from boards and commissions to
the City Council at its next scheduled meeting.
(b) The property owner may appear at the City Council meeting to appeal
the Planning Commission's decision. The City Council may elect to
uphold the Planning Commission's recommendation or schedule its own
public hearing for further input. Further appeals shall be reviewed
by an appeal to the appropriate court.
[10-22-2007 by Ord. No.
1280]
The fee for an application for a special approval use permit
shall be adopted by resolution of the City Council and amended, as
necessary, by resolution of the City Council.