The Planning Commission is hereby designated the commission
pursuant to Act 285, Public Acts of Michigan 1931, MCLA § 125.31
et seq., as amended, and shall perform the duties of said commission
as provided in said Act, together with such other powers and duties
as are given to the commission by the provisions of this chapter.
One member of the Planning Commission shall serve as a member of the
Board of Appeals.
Whenever in this chapter the lawful exercise or existence of
a use requires the approval of the Village Council, the Commission
is hereby authorized and directed to investigate the matter requiring
such approval, to conduct a hearing thereon, and to make a determination
and recommendation to the Board of Trustees, which shall then approve,
approve with modifications, or deny the requested use.
Upon receipt of an application for a special land use approval,
a conditional use approval, a planned development approval, a single-family
cluster approval or any other land use approval which requires a decision
on discretionary grounds, notice shall be provided pursuant to the
requirements of Public Act 110 of 2006, MCLA § 125.3101
et seq.
Where the Planning Commission is empowered to approve certain
uses of premises under the provisions of this chapter or in cases
where the Commission is required to make an investigation and recommendation
to the Village Council, the applicant shall furnish such surveys,
plans or other information as may be reasonably required by the Commission
for the proper evaluation and consideration of the matter.
A.
The Village Council shall have sole authority to approve, conditionally
approve, or reject applications for special land use permits.
B.
Application for a special land use permit shall be made by filing
the application form, required information, and required fee with
the Zoning Administrator. The fee shall be set by resolution by the
governing body, except that no fee shall be required for a special
land use permit application for the construction of a single-family
residence or of any governmental body or agency. The Zoning Administrator
shall transmit a copy of the application and submitted information
to the Planning Commission for investigation, review and recommendation
to the Village Council.
C.
An application for a special land use permit shall contain the following
information:
(1)
The applicant's name, address, and telephone number.
(2)
The names and addresses of all record owners and proof of ownership.
(3)
Legal description, address, and tax parcel number of the property.
(4)
A scaled and accurate survey drawing correlated with a legal
description and showing all existing buildings, drives, and other
improvements.
(5)
A detailed description of the proposed use.
D.
The Planning Commission shall review the particular circumstances
and facts of each proposed use in terms of the following standards
and required findings, and with respect to any additional standards
set forth in this chapter. The Planning Commission shall find and
report adequate data, information, and evidence demonstrating whether
the proposed use meets all required standards and;
(1)
Will be consistent with the intent and purpose of this chapter.
(2)
Will be compatible with the natural environment and existing
and future land uses in the vicinity.
(3)
Will be compatible with the community master plan of current
adoption.
(4)
Will be compatible with essential public facilities and services,
such as highways, streets, police and fire protection, drainageways
and structures, refuse disposal, or schools affected by the use.
(5)
Will not be hazardous, or disturbing to existing or future neighboring
uses;
(6)
Will not create additional requirements at public costs for
public facilities and services that will be detrimental to the economic
welfare of the Village.
(7)
Will not involve uses, activities, processes, materials and
equipment and conditions of operation that will be detrimental to
any person, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
(8)
The use will be consistent with the public health, safety and
welfare of the Village.
E.
The Planning Commission shall recommend approval, conditional approval,
or rejection of a special land use permit application. The Planning
Commission's recommendation, the basis for its decision, and
all conditions imposed, shall be described in a written statement
which shall be made a part of the record in a public meeting.
F.
Upon consideration of the Planning Commission's recommendation,
the Village Council shall approve, conditionally approve, or reject
a special land use permit application. The Village Council's
basis for its decision, and all conditions imposed, shall be described
in a written statement and finding of facts, which shall be made a
part of the record in a public meeting.
G.
In granting a special land use permit, the Village Council may impose
conditions it deems necessary to achieve the objective and standards
of this chapter, the standards of the Zoning Act, and the public health,
safety, and welfare of the Village. Failure to comply with such conditions
shall be considered a violation of this chapter. An approved special
land use permit, including all conditions, shall run with the land
to which the approval applies, and shall remain unchanged except upon
the mutual consent of the Village Council and the permittee. Any such
changes shall be recorded in the minutes of the Village Council meeting
at which the action occurred. The procedures required for an original
application shall be followed with respect to any proposed changes.
H.
An application for a special land use permit which has been denied
wholly or in part by the Village shall not be resubmitted for a period
of 365 days from the date of denial, except on grounds of new evidence
or proof of changed conditions found by the Planning Commission to
be valid.
I.
A special land use approval runs with the land until such time as
the use designated in the "approval" is changed by the occupant. The
land then reverts back to only the uses and conditions permitted by
right in that specific zoning district.
J.
The decision of the Village Council with respect to a special land
use permit may not be appealed to the Zoning Board of Appeals.
A.
The procedures for consideration, recommendation, and approval, conditional
approval or rejection of special land use permit applications provided
in this article apply equally to planned unit developments the one-family
cluster open space option and private roads.
Reasonable conditions may be required in conjunction with the
approval of a special land use, planned development district, single
family cluster development or other land uses or activities permitted
by discretionary decision. The conditions may include conditions necessary
to ensure that public services and facilities affected by a proposed
land use or activity will be capable of accommodating increased service
and facility loads caused by the land use or activity, to protect
the natural environment and conserve natural resources and energy,
to ensure compatibility with adjacent uses of land, and to promote
the use of land in a socially and economically desirable manner. Conditions
imposed shall do the following:
A.
Be designed to protect natural resources, the health, safety and
welfare, as well as the social and economic well-being of those who
will use the land use or activity under consideration, residents and
landowners immediately adjacent to the proposed land use or activity,
and the Village as a whole.
B.
Be reasonably compatible with the master plan for future land use.
C.
Be related to the valid exercise of the police power and purposes
which are affected by the proposed use or activity.
D.
Be necessary to meet the intent and purpose of the zoning requirements;
be related to the standards established in this chapter for the land
use or activity under consideration, and be necessary to insure compliance
with those standards.
E.
The conditions imposed with respect to the approval of a land use
or activity shall be recorded in the record of the approval action
and shall remain unchanged except upon the mutual consent of the approving
authority and the landowner. The approving authority shall maintain
a record of changes granted in conditions.
