[Comp. Ords. 1995, § 15.351; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
Special land uses are those uses of land which are not essentially
incompatible with the uses permitted in a zoning district, but possess
characteristics or locational qualities which require individual review
and restriction in order to avoid incompatibility with the natural
environment of the site, the character of the surrounding area, public
services and facilities, and adjacent uses of land. The purpose of
this division is to establish equitable procedures and criteria which
shall be applied in the determination of requests to establish special
land uses. The standards for approval and requirements provided for
under the provisions of this division shall be in addition to those
required elsewhere in this chapter which are applicable to the special
land use under consideration.
[Comp. Ords. 1995, § 15.352; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979; Ord. No. 148, § I, 5-7-2007]
(a)
An application for permission to establish a special land use shall
be submitted and acted upon in accordance with the following procedures:
(1)
Applicant. Any person owning or having an interest in the subject
property may file an application for one or more special land use
permits provided for in this chapter in the zoning district in which
the land is situated.
(2)
Application submittal and fee. Applications for special land
use permits shall be submitted through the Village Clerk to the Village
Council. Each application shall be accompanied by the payment of a
fee in accordance with the schedule of fees adopted by the Village
Council to cover the costs of processing the application. No part
of any fee shall be refundable.
(3)
Required information. Three copies of an application for a special
land use permit shall be presented to the Village Clerk and accompanied
by the following documents and information:
a.
A special land use permit application form supplied by the Village
Clerk which has been completed in full by the applicant.
b.
A site plan in conformance with Division 5 of this article.
c.
A statement and other evidence or proof by the applicant of
present and future compliance with the standards required for approval
in this section and other standards imposed by this chapter affecting
the special land use under consideration.
(4)
Incomplete application. An application which is incomplete or
otherwise not in compliance with this chapter shall be returned to
the applicant. No application shall be processed until properly prepared
and submitted and all required fees paid in full.
(5)
Copy of application to Village. The Village Clerk shall forward
a copy of the application for the special land use request to the
Village Planning Commission within seven days of receiving the request.
The Planning Commission may review the application and make recommendations
within 30 days after receipt thereof, to the Village Council for consideration
thereby. All comments or recommendations shall be advisory and be
submitted in writing to the Village Council.
(7)
Review and approval. The review of an application and site plan
requesting a special land use permit shall be made by the Village
Council in accord with the procedures and standards specified in this
chapter. If a submitted application and site plan do not meet the
requirements of this chapter, they may not be approved. However, if
the applicant agrees to make changes to the site plan and application
in order to bring them into compliance with the chapter, such changes
shall be allowed and shall be either noted on the application or site
plan itself, or attached to it, or these documents shall be resubmitted
incorporating said changes. A site plan and application for a special
land use permit shall be approved if they comply in all respects with
the requirements of this chapter and other applicable county, state
or federal laws, rules or regulations. Approval and issuance of a
special land use permit shall signify prior approval of the application
and site plan, therefore including any modification and any conditions
imposed where necessary to comply with this chapter. The site plan,
as approved, and any statements of conditions and modifications shall
become part of the special land use permit and shall be enforceable
as such. The decision to approve or deny a request for a special land
use permit shall be retained as a part of the record of action on
the request and shall incorporate a statement of conclusions which
specify; the basis for the decision, any changes to the originally
submitted application and site plan necessary to ensure compliance
with the chapter, and any conditions imposed with approval. Once a
special land use permit is issued, all site development and use of
land on the property affected shall be consistent with the approved
special land use permit, unless a change conforming to chapter requirements
receives the mutual agreement of the landowner and the Village Council
and is documented as such.
(8)
Issuance of a special land use permit. Upon approval by the
Village Council, the Zoning Administrator shall issue a special land
use permit to the applicant. It shall be the responsibility of the
Zoning Administrator to monitor compliance with the terms, conditions
and restrictions of any special land use permit and take any enforcement
action necessary in the event of a violation of the special land use
permit.
[Comp. Ords. 1995, § 15.353; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
Prior to approval of a special land use application and required
site plan, the Village Council shall ensure that the standards specified
in this section as well as applicable standards established elsewhere
in this chapter, shall be satisfied by the completion and operation
of the special land use under consideration.
(1)
General standards. The Village Council shall review the particular
circumstances of the special land use request under consideration
in terms of the following standards, and shall approve a special land
use request only upon a finding of compliance with each of the following
standards, as well as applicable standards established elsewhere in
this chapter:
a.
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.
b.
The special land use shall not inappropriately change the essential
character of the surrounding area.
c.
The special land use shall not interfere with the general enjoyment
of adjacent property.
d.
The special land use shall represent an improvement to the use
or character of the property under consideration and the surrounding
area in general, yet also be in keeping with the natural environment
of the site.
e.
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 excessive production of traffic, noise, smoke, odor, fumes
or glare.
f.
The special land use shall be adequately served by essential
public facilities and services, or it shall be demonstrated that the
person responsible for the proposed special land use shall be able
to continually provide adequately for the services and facilities
deemed essential to the special land use under consideration.
g.
The special land use shall not place demands on public services
and facilities in excess of current capacity.
h.
The special land use shall be consistent with the intent and
purpose of this chapter, and the objectives of any currently adopted
Village development plan.
(2)
Conditions.
a.
The Village Council may impose conditions with the approval
of a special land use application and site plan which are necessary
to ensure compliance with the standards for approval stated in this
section and any other applicable standards contained in this or other
applicable Village ordinances and regulations. Such conditions shall
be considered an integral part of the special land use permit and
approved site plan and shall be enforced by the Zoning Administrator.
b.
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.
(3)
Performance guarantee. In authorizing a special land use permit,
the Village Council may require that a cash deposit, certified check,
or irrevocable bank letter of credit be furnished by the developer
to ensure compliance with an approved site plan and the special land
use permit requirements. Such guarantee shall be deposited with the
Village Clerk at the time of the issuance of the special land use
permit. In fixing the amount of such performance guarantee, the Village
Council shall limit it to reasonable improvements required to meet
the standards of this chapter and to protect the natural resources
or the health, safety and welfare of the residents of the Village
and future users or inhabitants of the proposed project or project
area including, but not limited to, roadways, lighting, utilities,
sidewalks, screening and drainage. The term "improvements" does not
include the entire project which is the subject of zoning approval
nor to improvements for which a performance guarantee has been deposited
pursuant to Public Act No. 288 of 1967 (MCL 560.101 et seq.). The
Village Council and the project developer shall establish an agreeable
procedure for the rebate of any cash deposits required under this
section, in reasonable proportion to the ratio of the work completed
on the required improvements as work progresses. Said agreement shall
be written as an element of the conditions surrounding the approval
of the special land use permit.
[Comp. Ords. 1995, § 15.354; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
The special land use permit shall become effective when the application
has been approved by the Village Council.
(1)
A building permit shall not be issued until approval of such
special land use permit by the Village Council.
(2)
Until a building permit has been granted pursuant to the special
land use permit, there shall be no construction or excavation of said
land, nor shall use of the land be made toward the intended purposes
of such special land use permit.
(3)
Land subject to a special land use permit may not be used or
occupied for purposes of such special land use until after a certificate
of occupancy for same has been issued pursuant to the provisions of
this chapter.
[Comp. Ords. 1995, § 15.355; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
Approval of a special land use permit shall be valid regardless of
change of ownership, provided that all terms and conditions of the
permit are met by any subsequent owner.
(b)
In instances where development authorized by a special land use permit
has not commenced within one year from the date of issuance or the
last date of review authorized by this subsection, the Village Council
shall review the permit in relation to the applicable standards and
requirements of this chapter. Upon a finding that there has been a
change in conditions on the property or the surrounding area or in
provisions of this chapter applicable to the special land use permit
under review, such that the permit is no longer in conformance with
the requirements of this chapter, the permit shall become null and
void. Where it is determined that such permits are in conformance
with the provisions of this chapter and there has not been a change
in conditions affecting the validity of the permit, the special land
use permit shall remain valid, subject to periodic review in accord
with the provisions of this subsection.
[Comp. Ords. 1995, § 15.356; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
It shall be the duty and obligation of the owner and occupant
or operator of land and uses subject to a special land use permit
and approved site plan therefor, that the continued use of such land
shall at all times be in compliance with the use requirements of this
chapter. Failure thereof shall be violation of this chapter and the
continuance thereof is declared to be a nuisance per se.
[Comp. Ords. 1995, § 15.357; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
Any use for which a special land use permit has been granted shall
be deemed a conforming use permitted in the district in which such
use is located provided:
(1)
Such permit was issued in conformity with the provisions of
this chapter;
(2)
Such permit shall be deemed to affect only the lot or portion
thereof and uses thereupon for which the special land use permit shall
have been explicitly granted; and
(3)
Such permit authorizes a use which is subsequently built, operated
and maintained in compliance with the chapter, the special land use
permit, and all conditions established with its approval.
[Comp. Ords. 1995, § 15.358; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
The foregoing general requirements are basic and apply to all special land uses. Specific requirements listed in Division 2 of Article III of this chapter relating to particular special land use are in addition to, and shall be required, in all applicable situations.
