Special land uses are uses considered to be
more intense, or potentially more disruptive, compared to the various
uses in a particular zoning district which are permitted by right.
The uses classified as special land uses vary by district and are
listed in the regulations of each zoning district.
A. The procedures and standards set forth herein are
intended to:
(1)
Accommodate uses which are needed and beneficial
to the Township but need to be carefully located due to their potential
impacts;
(2)
Provide a consistent and uniform method for
review of proposed special land uses;
(3)
Provide a mechanism for public input on decisions
involving more intense land uses;
(4)
Ensure full compliance with the standards contained
in this chapter and other applicable local ordinances and state and
federal laws;
(5)
Regulate the use of land operations and site
design based on the characteristics of a particular use;
(6)
Achieve efficient use of the land;
(7)
Ensure impacts associated with a specific use
can be accommodated within the environmental capacities of the impacted
area;
(8)
Provide site design and operational standards
to minimize any negative impact on adjoining or nearby properties;
and
(9)
Establish procedures for expansion or change
in use of a special land use for both uses which have received special
land use approval and those which existed prior to the adoption of
special land use review procedures.
B. These provisions encourage cooperation and consultation
between the Township and the applicant to facilitate development in
accordance with the Township's land use objectives. An approved special
land use shall be considered a conforming use permitted in the district
at the specific site where it is located.
[Amended by Ord. No. 277, effective 9-27-1999; 11-13-2006 by Ord. No. 06-07]
The procedures and requirements listed below shall apply during the review of special land use proposals. (See flow chart,
Figure 22.1, at the end of this chapter.)
A. Applicant attendance. The applicant or a designated
representative must be present at all scheduled review meetings or
consideration of the special land use and site plan may be tabled.
Any need to readvertise a public hearing due to absence or a requested
tabling shall be funded by the applicant. Absence at two consecutive
meetings without prior notice to the Zoning Administrator shall result
in denial of the application.
B. Administrative preapplication meeting. The applicant
shall schedule a meeting with the Zoning Administrator to discuss
the project, submittal requirements and review procedures. The Zoning
Administrator may involve the Township officials, Township staff or
consultants at the meeting, as deemed appropriate.
C. Process selection. The Zoning Administrator shall determine if a conceptual review of the proposed special land use is necessary prior to a final submittal (i.e., whether the next step is Subsection
D or Subsection
G). In making such a determination, the Zoning Administrator shall consider:
(1)
The current use of the site;
(2)
The existing natural features on the site;
(3)
The size of the proposed use and the site;
(4)
The type of adjacent land uses; and
(5)
The anticipated impacts associated with the
proposed use in terms of traffic, noise, dust, odors, hours of operation,
aesthetics and need for municipal services.
D. Conceptual plan submittal. If the Zoning Administrator
determines a review of the conceptual plan is appropriate, the applicant
shall submit the following information:
(1)
Application form and review fee;
(2)
Written description of the proposed use; and
(3)
A conceptual site plan illustrating existing
site features, lot dimensions, general footprints for proposed buildings
and parking, and relationship to adjacent land uses.
E. Conceptual plan, technical (staff) review. The Zoning
Administrator shall distribute the conceptual plan submittal information
to appropriate Township staff and consultants for written technical
reviews. The Zoning Administrator shall distribute the technical reviews
to the Planning Commission and the applicant.
F. Conceptual plan, review by Planning Commission. The
applicant shall meet with the Planning Commission at a regularly scheduled
meeting. The purpose of this meeting is to allow the applicant to
present the concept, and receive comments or direction from the Planning
Commission on the site plan or the need for additional information
needed to evaluate the impacts of the use, such as a traffic or environmental
study. No formal action shall be taken.
G. Final submittal. The owner of an interest in land
for which special land use approval is sought, or the designated agent
of said owner, shall submit 15 copies of the following to the Zoning
Administrator:
(1)
A complete application form supplied by the
Township;
(3)
Written information describing the special land
use;
(4)
A written description regarding compliance with the standards of §
285-22.3, Standards for granting special land use approval;
(5)
Documentation that the applicant has submitted
one copy of the application plus two copies of the site plan to the
Wayne County Office of Public Services, the Wayne County Health Department
and all applicable public utility companies;
(6)
Any additional information the Planning Commission
finds necessary to make the determinations required herein; and
(7)
A complete site plan meeting the requirements of Article
21, Site Plan Review.
H. Technical (staff) reviews. The Zoning Administrator
shall forward the application to the Township Planner for review.
The Department of Public Works, Fire Chief, Police Chief, Township
Engineer, Building Department Manager, Road Committee and Natural
Resources Committee, if applicable, shall also review the application.
The reviews shall be submitted to the Zoning Administrator.
I. Technical review conference. The Zoning Administrator
shall schedule a conference with applicable consultants and departments
which reviewed the submittal information. The applicant may be permitted
to attend the conference. The Zoning Administrator may waive this
conference upon a finding that the various reviews are consistent.
The technical reviews may be revised and resubmitted following the
conference or submittal of a revised application. An application shall
not be forwarded to the Planning Commission until all required technical
information is provided.
J. Planning Commission public hearing. Following the
technical review process, the Planning Commission shall schedule and
conduct a public hearing to review the request in accordance with
the following procedures:
(1)
The Zoning Administrator shall publish a notice of public hearing on the request for special land use approval in accordance with §
285-24.6 and the Michigan Zoning Enabling Act, Public Act 110 of 2006.
(2)
The Planning Commission shall conduct the required
public hearing. The purpose of the public hearing is for the Planning
Commission and the applicant to receive public comment on the special
land use application. The Planning Commission shall not take action
at the same meeting when the public hearing is conducted unless there
is a specific finding that all review standards are met and no conditions
are necessary for the recommendation to the Township Board.
(3)
Following the public hearing the applicant shall
submit revised plans and a document which point- by-point addresses
each issue, as directed by the Planning Commission, within 120 days
or the application shall be considered null and void.
K. Planning Commission recommendation on special land
use.
(1)
The Planning Commission shall review the special land use application in consideration of public hearing comments, technical reviews from Township staff and consultant's correspondence from applicable review agencies, and compliance with the standards of §
285-22.3 and other applicable standards of this chapter. The Planning Commission shall make a recommendation to the Township Board to approve, approve with conditions or deny the request. If the application is determined to be incomplete or more information is required, then the Planning Commission may either:
(a)
Table the request and direct the applicant to
prepare additional information or revise the plan;
(b)
Return the request for another technical review
conference, or direct the Township staff to conduct additional analysis;
or
(c)
Recommend denial of the request.
(2)
If the revised plans are determined to be significant
by the Planning Commission, it may elect to conduct another public
hearing. If the Planning Commission recommends approval with conditions,
a list of conditions shall be sent to the applicant by certified mail,
return receipt requested. If conditions are imposed, plans or other
information illustrating compliance with the conditions shall be submitted
and approved by staff prior to the application being submitted to
the Township Board.
L. Site plan approval. The Planning Commission shall review the site plan for the special land use under the provisions of Article
21, Site Plan Review. Site plan review may be conducted simultaneously with special land use review. The Planning Commission shall take one of the following actions on the site plan:
(1)
Table the special land use if the site plan
is deficient;
(2)
Table the site plan to await action of the Township
Board on the special land use; or
(3)
Grant approval with the condition that the special
land use is approved by the Township Board.
M. Township Board action. Following receipt of the Planning
Commission's recommendation, the special land use shall be considered
by the Township Board. The Township Board shall take one of the following
actions on the request.
(1)
Table. If the application is determined to be
insufficient, does not fully respond to Planning Commission issues
or more information is required, then the request may be tabled. The
Township Board shall direct the applicant to prepare additional information,
revise the plan or direct the Township staff to conduct additional
analysis.
(2)
Reconsideration. If the Township Board believes
there is new information which might modify the recommendation of
the Planning Commission, the Board may return the application with
the new information to the Planning Commission for reconsideration.
The Planning Commission shall provide a recommendation within 30 days.
(3)
Approval. Upon determination that a special
land use proposal is in compliance with the standards and requirements
of this chapter and other applicable ordinances and laws, the Township
Board shall approve the application.
(4)
Conditional approval. The Township Board may
impose reasonable conditions with the approval of a special land use,
in accordance with the following:
(a)
Conditions imposed shall be considered a valid
exercise of the police power to mitigate impacts associated with the
proposed use or activity to achieve the following:
[1]
Ensure that public services and facilities affected
by a proposed special land use or activity will be capable of accommodating
increased service and facility loads generated by the new development;
[2]
Protect the natural environment;
[3]
Ensure reasonable compatibility with adjacent
uses of land and the overall character of the Township, to the extent
practical for the use; or
[4]
Meet the intent and purpose of this chapter
and the particular zoning district.
(b)
Conditions of any approval are attached to the
land and will remain through subsequent owners, except an expiration
date for the special land use may be specified if the special land
use is considered to be temporary in nature.
(c)
A listing of conditions shall be sent to the
applicant by registered mail, return receipt requested. The applicant
shall submit a revised site plan or other information that demonstrates
compliance with the conditions for administrative approval by the
Zoning Administrator within 60 days of the date of conditional approval
and prior to issuance of a building permit or the submission shall
be considered null and void. The Zoning Administrator may submit the
revised site plan to the Planning Commission for comments or approval.
(5)
Denial of special land use application. Upon
determination that a special land use proposal does not comply with
standards and regulations set forth in this chapter, or requires extensive
revision in order to comply with said standards and regulations, the
Township Board shall deny the application. Resubmittal of an application
which was denied shall be considered a new application.
N. Recording of Township Board action. Each action taken
with reference to a special land use proposal shall be duly recorded
in the minutes of the Township Board. The grounds for action taken
upon each proposal shall also be recorded in the minutes. After action
has been taken, one copy of the application and site plan(s) shall
be transmitted to each of the following:
(1)
The applicant, along with a written transmittal
of the grounds for action and/or conditions of approval;
(2)
The Planning Commission's files; and
(3)
The Building Department's files.
O. Effect of approval. Any special land use approval
shall run with the land in perpetuity, unless the use is specifically
determined to be temporary in nature or the use is discontinued. The
special land use approval shall apply only to the land area contained
within the parcel, lot, condominium unit, or other legally defined
location for which the special land use approval was granted.
P. Variances. The Zoning Board of Appeals shall have
authority with regard to special land uses as follows:
(1)
The Zoning Board of Appeals shall have authority to grant dimensional or site design variances, provided that such standards are not conditions of special land use approval. If dimensional or site design variances are requested for a special land use, the request shall first be reviewed by the Planning Commission, which shall provide a recommendation to the Zoning Board of Appeals. Any variances shall be approved by the Zoning Board of Appeals prior to Planning Commission action on the site plan or special land use, as applicable. The Zoning Board of Appeals may deny a variance upon a finding, with a recommendation from the Planning Commission, that the variance would be contrary to the special land use standards in §
285-22.3.
(2)
The Zoning Board of Appeals shall not have the
authority to reverse or modify the Township Board or Planning Commission
decision to approve or deny a special land use permit.
(3)
The Zoning Board of Appeals shall not have authority
to grant variances to any special land use standards or conditions
of special land use approval.
Q. Building permits. Following final approval of the
special land use, and site plan, the applicant shall submit engineering
plans to the Township Engineer and Building Department. The applicant
shall also obtain all other applicable Township, county or state permits.
The Building Department shall issue a building permit once all required
approvals and permits are granted.
R. Completion of site design. If construction has not
commenced within one year of final site plan approval, the special
land use and site plan approvals become null and void and a new application
for special land use review shall be required. The applicant may apply
to the Planning Commission for a one-year extension of the special
land use and site plan one time. Such a request shall only be considered
if made in writing by the applicant prior to the expiration date of
the approval. Such an extension shall only be granted if the applicant
provides evidence that the use and site plan has a reasonable likelihood
to be established during the one-year extension period. The applicant
may be required by the Zoning Administrator to submit a new site plan
if the Planning Commission finds there have been applicable amendments
to this chapter since the special land use was approved.
S. Maintenance. The property owner shall be responsible
for maintenance of the property in accordance with the approved site
design on a continuing basis until the property is razed, or until
new zoning regulations supersede the regulations upon which approval
was based, or until a new use or site plan is approved. Any property
owner who fails to maintain an approved site design shall be deemed
in violation of the provisions of this chapter.
T. Inspections. The Zoning Administrator may make periodic
investigations of developments authorized by special land use permit
to determine continued compliance with all requirements imposed by
the Planning Commission and this chapter.
A special land use proposal shall be approved by resolution that the proposed use will comply with all applicable requirements of this chapter, including site plan review criteria set forth in Article
21, Site Plan Review, applicable standards for specific uses, and all of the following standards:
A. Compatibility with the Master Plan. The proposed special
land use shall be compatible with and in accordance with the general
principles and objectives of the Township's Master Plan and shall
promote the intent and purpose of this chapter.
B. Compatibility with adjacent uses. The proposed special
land use shall be designed, constructed, operated and maintained to
be compatible with existing or planned uses on surrounding land. In
determining whether a special land use will be compatible and not
create a significant detrimental impact, as compared to the impacts
of permitted uses, consideration shall be given to the degree of impact
the special land use may have on adjacent property, as compared with
the expected value to the community. The following types of impacts
shall be considered:
(1)
Use activities, processes, materials, equipment,
or conditions of operation;
(2)
Vehicular circulation and parking areas;
(3)
Outdoor activity, storage and work areas;
(5)
Production of traffic, noise, vibration, smoke,
fumes, odors, dust, glare, and light;
(6)
Impacts on adjacent property values; and
(7)
The relative ease by which the impacts above
will be mitigated.
C. Impact of traffic on the street system. The location
and design of the proposed special land use shall minimize the negative
impact on the street system in consideration of items such as vehicle
trip generation (i.e., volumes), types of traffic, access location
and design, circulation and parking design, street and bridge capacity,
traffic operations at proposed access points, and traffic operations
at nearby intersections and access points. The Township may require
mitigation to maintain the preexisting traffic operations. Route and
operational restrictions (such as hours, cleaning of dust or debris)
may be established for construction traffic to minimize negative impacts.
The Township may require submittal of a traffic impact study to ensure
compliance with this standard. Such a traffic study shall be in accordance
with standard practices and procedures and prepared by a qualified
traffic professional.
D. Impact on the overall environment. The proposed special land use shall not have an unacceptable significant adverse effect on the quality of the natural environment in comparison to the impacts associated with typical permitted uses. This determination shall be made in consideration with other ordinances (Chapter
282, Woodland and Tree Preservation, and Chapter
275, Wetlands and Drainageways). The Planning Commission may require a quantitative comparison of the impacts of typical permitted uses and the special use to assist in making this determination (such as an overlay of conceptual development plans, on a natural features map, illustrating other site development options to demonstrate that the impacts have been minimized to the extent practical). If the cumulative impact creates or contributes to a significant environmental problem, mitigation shall be provided to alleviate the impacts associated with the requested use (i.e., ensure the end result is at least similar to the preexisting conditions).
E. Compliance with standards of this chapter. The proposed
special land use shall be designed, constructed, operated and maintained
to meet the stated intent of the zoning district.
F. Public services. The proposed special land use shall
be located where it can be adequately served by essential public facilities
and services, such as streets, pedestrian or bicycle facilities, police
and fire protection, drainage systems, water and sewage facilities,
and schools.
For any use with a special land use permit which
ceases to operate continuously for at least a one-year period, the
special land use shall be considered discontinued and the special
land use permit shall be deemed null and void.