The Township Board shall have the following specific powers
and duties concerning special use approvals.
A.
The
procedures and standards set forth in this article are intended to
provide a consistent and uniform method for review of proposed plans
for special uses.
B.
In
hearing and deciding upon special use permit requests, the Township
Board shall base its actions on a recommendation by the Planning Commission,
provided that the development and execution of a comprehensive zoning
ordinance is founded upon the division of the Township into districts.
It is recognized that there are variations in the nature of special
uses which, because of their unique characteristics, cannot be properly
classified in any particular district(s) without consideration of
the impact of those uses upon neighboring land.
A.
The application for special use review shall be made on the forms
and according to the guidelines provided by the Zoning Administrator.
Each application shall be accompanied by the following:
(1)
The section of this chapter under which the special use is sought.
(2)
A site plan which shall include all the information required by this chapter, if appropriate. (See Article XXIII.)
(3)
A letter describing the proposed use of the property.
(4)
Other information which the Township Board may reasonably deem
necessary for adequate review.
B.
The application shall be submitted by the owner having an interest
in land for which the special use approval is sought, or by the owner's
designated agent. The applicant or a designated representative shall
be present at all scheduled review meetings or consideration of the
proposal may be tabled due to lack of representation.
Upon receipt of a complete application, site plan, and attachments, if any, the Township Planning Commission shall schedule a public hearing on the request. The notice shall be given consistent with § 300-28.02C, Publication and delivery of notice of public hearing, of this chapter.
Following the public hearing, the Planning Commission shall
review the application for the special use permit, together with the
public hearing findings and reports and recommendations of Township
staff, consultants and other reviewing agencies. The Planning Commission
shall submit its recommendation to the Township Board to deny, approve,
or approve with conditions requests for special use approval. Such
decision shall include the standards relied upon, finding of fact,
conclusions, approval or denial, and conditions, if any, attached
to any recommendation for approval.
After having reviewed the recommendation by the Planning Commission,
the Township Board shall approve, approve with conditions, or deny
the request for special use permit approval.
Approval of a special use permit shall be based on the determination
that the proposed use will comply with all requirements of this chapter.
In addition, the following standards shall be met:
A.
The location, scale, and intensity of the proposed use shall be compatible
with adjacent uses and zoning of land.
B.
The proposed use shall promote the use of land in a socially and
economically desirable manner. The proposed use shall not adversely
impact the social and economic well-being of those who will use the
proposed land use or activity; residents, businesses, and landowners
immediately adjacent; or the Township as a whole.
C.
The proposed special use shall be compatible with and in accordance
with the general principles and future land use configuration of the
Township Master Plan and shall promote the intent and purpose of this
chapter.
D.
The Township Board shall find that a need for the proposed use exists
in the community at the time the special use application is considered.
E.
The proposed use shall be designed, constructed, operated and maintained
so as to ensure long-term compatibility with surrounding land uses.
Consideration shall be given to:
(1)
The size, placement, and materials of construction of the proposed
use in relation to surrounding uses.
(2)
The location and screening of vehicular circulation and parking
areas in relation to surrounding development.
(3)
The location and height of buildings; the location, nature and
height of walls and fences; and the nature and extent of landscaping.
(4)
The location and screening of outdoor storage, outdoor activity
or work areas, and mechanical equipment in relation to surrounding
development.
(5)
The hours of operation of the proposed use. Approval of a special
use may be conditioned upon operation within specified hours considered
appropriate to ensure minimal impact on surrounding uses.
(6)
Potential environmental impact of any part of the proposed development.
F.
The proposed special use shall demonstrate the ability to comply
with all applicable requirements of local, state, and federal law.
G.
The location of the proposed special use within the zoning district
shall minimize the impact of the traffic generated by the proposed
use. Consideration shall be given to the following:
H.
The proposed special use shall be consistent with existing and future
capabilities of public services and facilities affected by the proposed
use.
I.
The proposed use shall not involve any activities, processes, materials,
equipment, or conditions of operation, and shall not be located or
designed so as to be detrimental to public health, safety, and welfare.
Site layout shall be such that operations will not be objectionable
to nearby dwellings by reason of noise, fumes, glare or flashing lights.
J.
The proposed use shall be compatible with the natural environment.
Each action taken with reference to a special use proposal shall
be duly recorded in the minutes of the Township Board. The minutes
shall record the findings of fact relative to each special use proposal,
the grounds for action taken, and any conditions imposed in conjunction
with approval. All records of proceedings shall be kept on file and
made available to the public.
When an application is received to expand or change the use,
traffic pattern, or other elements of a special use, the application
shall be subject to the same procedures followed for an original special
use. The denial of an application to amend an existing special use
permit shall not nullify or cause to prohibit the applicant from continuing
to operate in compliance/conformance within the specifications of
the original (existing) special use permit approval.
Approval of a special use permit and site plan may be revoked
by the Township Board if construction is not in conformance with the
approved plans. In such a case, the Zoning Administrator shall place
the special use on the agenda of the Township Board for consideration,
and give written notice to the applicant at least five days prior
to the meeting. The applicant shall be given the opportunity to present
information to the Township Board and answer questions. The Township
Board may revoke approval if it finds that a violation exists and
has not been remedied prior to the hearing.[1]
