This article is intended to provide regulations for special
land uses, which may be compatible with permitted uses in zoning district,
under specific locational and site criteria. This article provides
standards for the Planning Commission to determine the appropriateness
of a given special land use covering factors such as: compatibility
with adjacent zoning, location, design, size, intensity of use, impact
on traffic operations, potential impact on groundwater, demand on
public facilities and services, equipment used and processes employed.
Establishment or major expansion of any special land use requires
a special land use approval under this article.
The Zoning Board of Appeals shall not have the authority to
hear appeals of the Planning Commission's decision to approve or deny
a special land use, nor to grant variances to any conditions imposed
on special land use approval. The Zoning Board of Appeals may hear
requests for variances to dimensional or site design requirements.
Prior to approving a special land use application, the Planning Commission shall require that the following general standards, in addition to the specific standards noted for individual uses in Article
XIII, Use Requirements, be satisfied. The proposed use or activity shall:
A. Be compatible and in accordance with the goals, objectives and policies
of the Lapeer City Master Plan.
B. Promote the intent of this chapter and the zoning district in which
the use is proposed.
C. Be constructed, operated and maintained so as to be compatible with
the existing or intended character of the general vicinity and so
as not to change the essential character of the area in which it is
proposed.
D. Be served adequately by public facilities and services, such as traffic
operations along roads, police and fire protection, drainage structures,
water and sewage facilities and primary and secondary schools.
E. Not involve uses, activities, processes, materials and equipment
or conditions of operation that, in comparison to permitted uses in
the district, will be detrimental to the natural environment, public
health, safety or welfare by reason of excessive production of traffic,
noise, smoke, odors or other such nuisance.
No application for a special land use permit which has been
denied wholly or in part shall be resubmitted for a period of one
year from the date of denial, except on the grounds of new evidence
or proof of changed conditions relating to all of the reasons noted
for the denial found to be valid by the Planning Commission. A resubmitted
application shall be considered a new application.
The Planning Commission shall have the authority to revoke any
special land use approval after the applicant has failed to comply
with any of the applicable requirements of this article, other applicable
sections of this chapter, or conditions of the special land use approval.
Prior to any action, the Planning Commission shall conduct a public
hearing following the notification process for the original approval.
The applicant shall be provided an opportunity to present information
and to answer questions. The Planning Commission may revoke any previous
approval if it finds that a violation exists and has not been remedied.