[Ord. No. 220, effective 8-27-1995]
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;
(2) 
Township review fee;
(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;
(4) 
Hours of operation;
(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.
A. 
Major amendments. Any person or agency shall notify the Zoning Administrator of any change in an existing special land use. Any major amendment to an approved special land use shall require submittal of a new application for special land use and follow the review procedures contained in this article. Amendments to the site plan shall bring the site into compliance with all requirements of this chapter determined to be reasonable by the Planning Commission in proportion to the extent of the change at the site and in consideration of the physical constraints of the site. The Zoning Administrator shall determine whether the proposed amendment constitutes a minor or major amendment, based on the standards below:
(1) 
Changes increase the building's usable floor area by more than 25% or 2,500 square feet, whichever is less; or
(2) 
Parking lots are expanded by more than 25% or 6,000 square feet of pavement, whichever is less.
B. 
Minor amendment. Minor amendment to an approved special land use does not require submittal of a new application for a special land use.
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. 
Required site plan. Any change, whether it is deemed minor or major, shall require submittal of a site plan in accordance with Article 21, Site Plan Review.
E. 
Multiple uses. For a use or building which involves more than one activity classified as a special land use, a separate special land use permit shall be required for each use requiring special land use review on a lot, or for any expansion of a special land use which has not previously received a special land use permit.
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.
A. 
Any reference to planned unit development is hereby eliminated throughout or in any portion of this chapter.
B. 
Existing planned unit developments. Projects which were approved under the prior planned unit development standards shall be considered conforming, provided that such projects conform to the site plan and conditions upon which they were approved and the projects have either been completed or work is diligently being carried on. Any expansion shall conform to the regulations of the particular zoning district; no expansion in area beyond the area approved as a PUD shall be considered. A change in uses approved as part of the PUD shall be prohibited unless the Planning Commission determines the change is to a less intensive land use; such a change shall be reviewed as a special land use according to the procedures and standards of this article. Any modifications to the previously approved site plans shall be reviewed under the standards of this chapter and the other applicable ordinances.