ARTICLE
XVI: SPECIAL USE PERMITS
Section
16.01 Purpose and Intent
Rather than permitting all
of the many and varied land use activities within a myriad of individual and
limited zoning districts, it is the intent of this Ordinance to provide a set
of procedures and standards for specific uses of land or structures that will
allow, on one hand, practical latitude for the investor or developer, but that
will, at the same time, promote the intent and purpose of this Zoning
Ordinance, and ensure that the land use or activity authorized shall be
compatible with adjacent uses of land, the natural environment, and the
capacities of public services and facilities affected by the land uses. In
order to provide control and reasonable flexibility, this Article permits
detailed review of certain specified types of land use activities, which,
because of their particular and unique characteristics, require special
consideration in relation to the welfare of adjacent properties and to the
community as a whole. Land and structure uses possessing these characteristics
may be authorized within certain zoning districts by the issuance of a special
use permit. By such a procedure, the Planning Commission shall have the
opportunity to impose conditions upon each use, which are deemed necessary for
the protection of the public welfare. Such conditions shall be based on
standards in this Ordinance.
Section
16.02 Procedures
An application for a special
use permit for any special land use or structure identified as such in a particular
zoning district and permitted under this Article shall be submitted and
processed under the following procedures.
A. Submission
of Application: Any application
shall be submitted to the Zoning Administrator on a special form for that
purpose. Each application shall be accompanied by the payment of a fee as
established by the Township Board to cover costs of processing the application.
B Data Required: Every application shall be accompanied by
special form supplied by the Zoning
Administrator filled out in full by the
applicant, including the information necessary for a site plan approval as
required by Article 18 and any other information that may be necessary to
demonstrate compliance with the standards set forth in Article 17 for a
specific special land use.
C. Check
for Completeness and Accuracy:
1. Within
five (5) working days of the receipt of the submission of an application, the
Zoning Administrator shall determine whether it is in proper form, contains all
required infor- mation, and appears to show compliance with all applicable
provisions of Section 16.02.
2. Upon
certification by the Zoning Administrator that the necessary site plan information
and application form are complete, one (1) complete copy of the site plan and
related information shall be forwarded to the Planning Commission and the
Zoning Administrator. The Zoning Administrator may also submit one (1) copy of
the site plan to each of the following agencies considered to be impacted or
affected by the special use permit application.
a. County Road Commission
b. County Health Department
c.
d. Fire
Department providing service to that part of the Township
e. Other agencies as relevant
Section 16.03 Planning Commission Public Hearing
The Planning Commission
shall review the site plan and application at its next scheduled meeting
following receipt from the Zoning Administrator. After adequate study and
review, incorporating information provided by reviewing agencies listed in Section
16.02.C 2, the Planning Commission shall publish a notice of public hearing for
a special land use application. The notice shall be published in a newspaper of
general circulation in the Township and shall be sent by mail or personal
delivery to the owners of property for which approval is being considered, to
all persons to whom real property is assessed within three hundred (300) feet
of the boundary of the property in question, and to the occupants of all
structures within three hundred (300) feet regardless of whether the property
or occupant is located within the Township. The notice shall be given not less
than fifteen (15) days before the application will be considered for approval.
If the name of the occupant
is not known, the term “occupant” may be used in making notification.
Notification need not be given to more than one occupant of a structure, except
that if a structure contains more than one dwelling unit or spatial area owned
or leased by different individuals, partnerships, businesses or organizations,
one occupant of each unit or spatial area shall receive notice. In the case of
a single structure containing more than four dwelling units or other distinct
spatial areas owned or leased by different individuals, partnerships, businesses
or organizations, notice may be given to the manager or owner of the structure
who shall be requested to post the notice at the primary entrance to the
structure.
The notice shall:
A. Describe
the nature of the special land use request.
B. Indicate
the property, which is the subject of the special land use request. The notice shall include a listing of all
existing street addresses within the property, if such addresses exist. If there are no street addresses, other means
of identification may be used.
C. State
when and where the special land use request will be considered.
D. Indicate
when and where written comments will be received concerning the request.
Section
16.04 Planning Commission Action
After
review of the application for special land use and the public hearing, the
Township Board, upon receiving a recommendation from Planning Commission, may
deny, approve, or approve with conditions the application for special land use
approval. Its decision shall be
incorporated in a statement of conclusions relative to the special land use
under consideration, and shall specify the basis for the decision and any
conditions imposed by the Planning
Commission. In arriving at its
decision, the Township Board shall refer to the Planning Commission’s recommendation
and be guided by those standards set forth in Sections 16.05 and 16.06 of this
Ordinance. A request for approval of a land use or activity which is in
compliance with those standards, other applicable ordinances, and state and
federal statutes shall be approved.
Section
16.05 Basis for Determination
The Planning Commission,
before acting on a special use permit application, shall employ and be guided
by standards which shall be consistent with and promote the intent and purpose
of this Zoning Ordinance, and ensure that the land use or activity authorized
shall be compatible with adjacent uses of land, the natural environment, and
the capacities of public services and facilities affected by the land use. The
land use or activity shall be consistent with the public health, safety, and
welfare of the Township and shall comply with the following standards:
A. 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:
1. Be
harmonious with and in accordance with the general principles and objectives of
the Comprehensive Plan of the Township.
2. 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.
3. Not
be hazardous or disturbing to existing or future uses in the same general
vicinity and will substantially improve property in the immediate vicinity and
in the community as a whole.
4. 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.
5. Not
involve uses, activities, processes, materials and equipment or conditions of
operation that will be detrimental to any person, property or general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or
odors.
6. Meet
the intent and purpose of the zoning regulations; be related to the standards
established in the Ordinance for the land use or activity under consideration;
and will be in compliance with these standards.
7. Ensure
that landscaping shall be preserved in its natural state, insofar as
practicable, by minimizing tree and soil removal, and by topographic
modifications, which result in maximum harmony with adjacent areas.
8. Ensure
that special attention shall be given to proper site surface drainage so that
removal of storm waters will not adversely affect neighboring properties.
9. Ensure
that all exterior lighting shall be so arranged that it is deflected away from
adjacent properties and so that it does not impede the vision of traffic along
adjacent streets. Flashing or intermittent lights shall not be permitted.
10. Meet
the site plan review requirements of Article XVIII.
11. Conform
to all applicable state and federal requirements for that use.
Section
16.06 Relationship to Specific Standards
The foregoing general
standards are basic to all uses authorized by special use permit. The specific
and detailed requirements set forth in Article XVII relate to particular
special land uses and are requirements, which must be met by those uses in
addition to the foregoing general standards, and requirements.
Section
16.07 Permits
A.
Validity of
Permit: A special use permit issued
under Section 16.05 shall be valid for a period of one (1) year from the date
of the issuance of said permit. If
construction has not commenced and proceeded meaningfully toward completion by
the end of this one (1) year period, the Zoning Administrator shall notify the
applicant in writing of the expiration or revocation of said permit, provided,
however, that the Township Board may waive or extend the period of time in
which the permit is to expire if it is satisfied that the owner or developer is
maintaining a food faith intention to proceed with construction.
Once the special land use is established and the
conditions of the permit fulfilled, the special use permit shall be valid until
such time that there is a change of conditions or use related to the permit.
B.
Permit
Revocation: The Township Board shall
have the authority to revoke any special use permit following a hearing, after
it has been proved that the holder of the permit has failed to comply with any
of the applicable conditions specified in the permit. After a revocation notice has been given, the
use for which permit was granted must cease within sixty (60) days.
Failure
to terminate the use for which the permit was revoked within sixty (60) days is
declared to be a nuisance per se and a violation of the Zoning Ordinance. (See
Sections 4.04 and 4.05.)
Section
16.08 Reapplication
No application for a special
use permit which has been denied wholly or in part by the Township Board shall
be resubmitted until the expiration of one (1) year or more from the date of
such denial, except on the grounds of newly-discovered evidence or proof of
changed conditions. A reapplication shall require a new fee and the process
will have to begin all over again.
Section
16.09 Changes in the Site Plan
The site plan, as approved,
shall become part of the record of approval, and subsequent actions relative to
the activity authorized shall be consistent with the approved final site plan,
unless a change conforming to the Zoning Ordinance receives the mutual agreement
of the landowner and the Planning Commission.
Section
16.10 Appeals
An appeal on a special use
permit decision may be taken to the Circuit Court.
Section
16.11 Fees
An application fee shall be
established by resolution of the Township Board. Before final approval, any
costs incurred by the Township shall be paid for by the applicant.