The following steps shall be taken by the applicant, the zoning
official and, when considering a proposed special approval use, the
Planning Commission:
20.02:1.
All applications for special approval use permits shall be filed
with the City of Ithaca Zoning Administrator and shall include the
required site plan, fee and any other pertinent information upon which
the applicant intends to rely for a special use permit.
20.02:2.
The Zoning Administrator shall, after preliminary review, forward
the complete application for a special use permit to the Planning
Commission for review.
20.02:3.
Public hearing. At its regular meeting following the filing,
the Planning Commission shall review the site plan according to the
site development requirements in Article 22, or, if the project is
submitted as a site performance project, the requirements of Article
18 and Article 22 shall apply. In such instance, where a conflict
or discrepancy appears between the applicable standards of Article
22 and Article 18, the requirements of Article 18 shall take precedence.
(a)
Upon completion of its review, the Planning Commission shall
set a date for a public hearing to be held within 30 days. Notice
of the public hearing shall be given as required by Public Act No.
110 of 2006 (MCL § 125.3101 et seq.).
20.02:4.
Following such hearing, the commission shall either grant or
deny a permit for such special approval use and shall state its reasons
for its decision in the matter. All conditions, limitations and requirements
upon which any such permit is granted shall be specified in detail
by the commission in its decision and shall be filed with the Zoning
Administrator. In addition to the requirements for each special land
use (see Article 22, or, in the case of a site performance development,
Articles 22 and 18), any discretionary conditions, limitations or
requirements upon which approval is based shall be reasonable and
designed to protect natural resources and the health, safety and welfare
and the social and economic well-being of the owners and occupants
of the land in question, of the adjacent properties, and of the community
as a whole, in accordance with § 20.03, basis for determinations.
(a)
The commission shall have the right to limit the duration of
a special approval use where the use is of a temporary nature and
may reserve the right of annual review of compliance with the conditions
and limitations imposed upon such use. Any use failing to comply with
those conditions and limitations may be terminated by action of the
Planning Commission after a hearing upon application of any aggrieved
party.
(b)
The plot plan and specifications and all conditions, limitations
and requirements imposed by the commission shall be recorded with
the City and shall be incorporated as a part of the special land use
permit. Violations of any of these at any time shall cause revocation
of the special land use permit and the special land use shall cease
to be a lawful use.
(c)
Any property which is the subject of a special use permit which
has not been used for a period of six months (without just cause being
shown which is beyond the control of the owner and which is acceptable
to the Planning Commission) for the purposes for which the special
use was granted shall thereafter be required to be used for only permitted
uses set forth in the particular zoning classification, and the permit
for the special use shall thereupon terminate.
(d)
Compliance with this ordinance and any conditions, limitations
or requirements imposed by the Planning Commission is necessary to
protect the natural resources or the health, safety and welfare of
the residents of the City and future users or inhabitants of the proposed
project or project area. To ensure such compliance, the Planning Commission
may require a cash deposit, certified check or irrevocable bank letter
of credit or security bond covering the estimated cost of furnishing
such conditions, limitations or requirements conditioned upon the
faithful completion of the required improvement. Such security shall
be deposited with the City Clerk at the time the permit is issued,
authorizing the commencement of the construction or activity. Where
the improvement required will take more than six months to be completed,
the Planning Commission may authorize a rebate of any cash deposit
in reasonable proportion to the ratio of the work completed as the
work progresses.
Before making a recommendation on a special use permit application,
the Planning Commission shall determine that the following general
standards, as well as the specific standards outlined in Article 22,
site development requirements:
20.03:1.
General standards. The Planning Commission shall review each
application for the purpose of determining that each proposed use
meets the following standards and, in addition, shall find adequate
evidence that each use on its proposed location will:
(a)
Be harmonious with and in accordance with the general principles
and objectives of the sketch land use plan of the City of Ithaca.
(b)
Be 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 area in which it is proposed.
(c)
Not be hazardous or disturbing to existing or future uses in
the same general vicinity and will be a substantial improvement to
property in the immediate vicinity and to the community as a whole.
(d)
Be served adequately by essential public facilities and services,
such as highways, streets, police, fire protection, drainage structures,
refuse disposal water and sewage facilities and schools.
(e)
Not involve uses, activities, processes, materials, and equipment
or conditions of operating that will be detrimental to any person,
property or general welfare by reason of excessive production of traffic,
noise, smoke, fumes, glare, odors.
(f)
Be necessary to meet the intent and purpose of the zoning regulations,
be related to the standards established in the ordinance for the land
use or activities under consideration, and be necessary to ensure
compliance with these standards.
(g)
Be related to the valid exercise of police power and purpose
which are affected by the proposed use or activity.
20.03:2.
Conditions and safeguards. The Planning Commission may impose
such additional conditions and safeguards deemed necessary for the
general welfare, for the protection of individual property rights
and for ensuring that the intent and objectives of this ordinance
will be observed. 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 City Council and landowner. The City Clerk shall maintain a record
of changes granted in conditions. The breach of any conditions, safeguard,
or requirement shall automatically invalidate the permit granted.
The decision of the Planning Commission may be appealed to the
zoning Board of Appeals as permitted by Public Act No. 110 of 2006
(MCL § 125.3101 et seq.).