This article is intended to provide regulations for special
land uses, which may be compatible with permitted uses in zoning district,
under specific locational and site criteria. This article provides
standards for the Planning Commission to determine the appropriateness
of a given special land use covering factors such as: compatibility
with adjacent zoning, location, design, size, intensity of use, impact
on traffic operations, potential impact on groundwater, demand on
public facilities and services, equipment used and processes employed.
Establishment or major expansion of any special land use requires
a special land use approval under this article.
A.
Application. A public hearing shall be scheduled before the Planning Commission upon submission and review of a special land use application and either a site plan meeting the requirements of Article XVIII, Site Plan Review, or if a full site plan is determined to be unnecessary by the Planning Department, a plot plan with all information needed to determine compliance with ordinance requirements.
B.
Optional preliminary review. At the option of the applicant, a preliminary
sketch plan may be submitted to the Planning Department for circulation
to Planning Commission for review prior to final special land use
and site plan review. This option is recommended for special land
uses that are anticipated to be controversial, on large sites, on
sites that are adjacent to residential uses, and complex mixed-use
or commercial developments. The purpose of this meeting is to allow
the applicant to introduce the plan concept, and receive comments
or direction from the Planning Commission on the sketch plan and special
land use or the need for additional material to evaluate the impacts
of the use, such as a traffic or environmental study. No formal action
shall be taken.
C.
Impact assessment. An impact assessment may be required by the City;
the analysis shall be carried out by qualified individuals and may
include, but need not be limited to, the impact on: natural features,
stormwater management, surrounding land uses, public facilities/services,
public utilities and traffic.
D.
Planning Commission review.
(2)
Public hearing. The Planning Commission shall hold a public
hearing on the special land use application in accordance with the
Michigan Zoning Enabling Act (Public Act 110 of 2006).[1] Notice of public hearing shall be provided for in accordance with § 7-21.07, Public hearings.
[1]
Editor's Note: See MCLA § 125.3101 et seq.
(3)
Decision.
(a)
The Planning Commission shall approve, approve with conditions
or deny the special land use request and site plan. If the application
is determined to be incomplete or more information is required, then
the Planning Commission may either:
(b)
If the plan revisions are determined to be significant by the
Planning Commission, they may elect to conduct another public hearing.
E.
Conditions.
(1)
In considering the special land use, the Planning Commission
may impose conditions or limitations that it deems necessary to fulfill
the spirit and/or purpose of this chapter. 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 unless
the original process is followed. Conditions imposed shall do all
the following:
(a)
Be designed to protect natural resources, the health, safety,
and welfare as well as the social and economic well-being of those
who will use the land use or activity under consideration, residents
and landowners immediately adjacent to the proposed land use or activity,
and the community as a whole.
(b)
Be related to the valid exercise of the police power and purposes
that are affected by the proposed use or activity.
(c)
Be necessary to meet the intent and purpose of the Zoning Ordinance;
be related to the standards established in this chapter for the land
use or activity under consideration; and be necessary to ensure compliance
with those standards.
(2)
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.
The Zoning Board of Appeals shall not have the authority to
hear appeals of the Planning Commission's decision to approve or deny
a special land use, nor to grant variances to any conditions imposed
on special land use approval. The Zoning Board of Appeals may hear
requests for variances to dimensional or site design requirements.
Prior to approving a special land use application, the Planning Commission shall require that the following general standards, in addition to the specific standards noted for individual uses in Article XIII, Use Requirements, be satisfied. The proposed use or activity shall:
A.
Be compatible and in accordance with the goals, objectives and policies
of the Lapeer City Master Plan.
B.
Promote the intent of this chapter and the zoning district in which
the use is proposed.
C.
Be constructed, operated and maintained so as to be compatible with
the existing or intended character of the general vicinity and so
as not to change the essential character of the area in which it is
proposed.
D.
Be served adequately by public facilities and services, such as traffic
operations along roads, police and fire protection, drainage structures,
water and sewage facilities and primary and secondary schools.
E.
Not involve uses, activities, processes, materials and equipment
or conditions of operation that, in comparison to permitted uses in
the district, will be detrimental to the natural environment, public
health, safety or welfare by reason of excessive production of traffic,
noise, smoke, odors or other such nuisance.
A.
Major amendments. Any person or agency who has been granted a special
land use permit shall notify the Planning Department of any proposed
amendment to the approved site plan of the special land use permit.
A major amendment to a special land use permit shall require submittal
of a new application for special land use and follow the review procedures
contained in this chapter. The Planning Department shall determine
whether the proposed amendment constitutes a minor or major amendment
based on the following standards:
(1)
Changes that increase the building's usable floor area, occupancy
load or capacity by more than 25%.
(2)
Parking lots are expanded by more than 25%.
(3)
The use is expanded to occupy an additional 25% or more land
area.
(4)
The change will result in a 25% or more increase in traffic
generation based upon the latest edition of the Institute of Transportation
Engineers Trip Generation Manual.
(5)
The change will result in a 25% or more increase in the demand
for public water or sewer.
(7)
Other similar types of changes deemed by the Planning Department
to be "major."
B.
Minor amendment. Minor amendment to an approved special land use does not require submittal of a new application for a special land use, but may require submittal of a site plan or sketch plan following the requirements of Article XVIII, Site Plan Review.
C.
Change in use. Change to another special land use shall require submittal
of a new application for special land use and follow the review procedures
contained in this article.
D.
Separate approval. A separate special land use permit shall be required
for each use which requires special land use review on a lot.
No application for a special land use permit which has been
denied wholly or in part shall be resubmitted for a period of one
year from the date of denial, except on the grounds of new evidence
or proof of changed conditions relating to all of the reasons noted
for the denial found to be valid by the Planning Commission. A resubmitted
application shall be considered a new application.
A.
Start of construction. Special land use approval is valid for a period
of one year from the date of Planning Commission approval. A building
permit must be issued and physical construction on structures must
commence within that period.
B.
Expiration of special land use permit. Where actual construction
of a substantial nature of structures authorized by a special land
use permit has not commenced within one year of issuance, and a written
application for extension of the approval has not been filed as provided
below, the special land use permit shall become null and void and
all rights thereunder shall terminate.
C.
Extensions. Upon written application filed prior to the termination
of the one-year period as provided above, the Planning Commission
may authorize a single extension of the time limit for a further period
of not more than one year. Such extension shall be granted only based
on evidence from the applicant that the development has a reasonable
likelihood of commencing construction within the one-year extension.
The Planning Commission may require compliance with any amendments
to the Zoning Ordinance since the special land use was originally
approved.
The Planning Commission shall have the authority to revoke any
special land use approval after the applicant has failed to comply
with any of the applicable requirements of this article, other applicable
sections of this chapter, or conditions of the special land use approval.
Prior to any action, the Planning Commission shall conduct a public
hearing following the notification process for the original approval.
The applicant shall be provided an opportunity to present information
and to answer questions. The Planning Commission may revoke any previous
approval if it finds that a violation exists and has not been remedied.
