§ 46-746. Application procedures.

An application to establish a special land use shall be submitted and acted upon in accordance with the following procedures:

(1)

Any person owning or having an interest in the subject property may file an application for one or more special land use authorizations as provided for in this article. Applications will be available from the zoning administrator and two completed copies, along with all required materials, must be submitted to the zoning administrator, accompanied by the required fee as established by ordinance. No part of any fee shall be refundable and no incomplete application shall be processed. All incomplete applications will be returned to the applicant.

(2)

The applicant must submit and sign a checklist stating the requirements that will be met to assure the board of present and future compliance with the standards required for approval in this chapter and other standards by this chapter affecting the special land use under consideration.

(3)

It is required that a sketch plan be submitted to the zoning administrator to ensure that the zoning administrator and applicant can reach an understanding of what is being proposed and what is required. The sketch plan should be drawn to approximate scale and shall follow the guidelines set forth in section 46-29, pertaining to site plans.

(4)

A detailed site plan will be submitted through the zoning administrator to the planning commission for approval in conformance with section 46-29.

(5)

Hearing. After a preliminary review by the zoning administrator of the sketch plan, and application for a special land use authorization, the planning commission shall hold a hearing on the site plan and special land use request. Notice of the hearing shall be given as required by MCL 125.3502. Any person or individual representing a group, which may be affected by a special land use authorization may present any petition or document providing support for or opposition to the application in question.

(6)

Review and approval. The review and approval of an application and site plan requesting a special land use shall be made by the planning commission in accordance with the procedures and standards specified in this article. If an application and site plan do not meet the requirements of the article, they must be denied for a special land use. However, if the applicant agrees to make changes to the site plan and application in order to bring them into compliance with the article, such changes shall be allowed and shall be either noted on the application or site plan itself, or attached to it, or these documents shall be resubmitted incorporating said changes. A site plan and application for a special land use must be approved if they comply in all respects with the requirements of this article or other applicable county, state or federal laws, rules or regulations. The site plan, application and any statements of conditions and modifications shall become part of the special land use and shall be enforceable as such. The decision to approve or deny a special land use request shall be retained as a part of the record of action on the request and shall incorporate a statement of conclusion, which specifies:

a.

The basis for the decision;

b.

Any changes to the originally submitted application site plan necessary to ensure compliance with this chapter;

c.

Any conditions imposed with approval.

(7)

Rehearing. A rehearing of a case shall be subject to the same rules and costs as an original hearing, and must be based on new information.

(8)

If authorized by the board, the zoning administrator shall document the special land use and retain all pertinent information. It shall be the responsibility of the zoning administrator to monitor compliance with the terms, conditions and restrictions of any special land use and take any enforcement action necessary in the event of a violation of a special land use authorization.

(9)

Once a special land use is approved by the board, all site development and use of land on the property affected shall be consistent with the approved special land use unless a change conforming to chapter requirements receives the mutual agreement of the landowner and the planning commission and is documented as such.

(10)

Performance guarantee. In authorizing a special land use, the planning commission may require that a cash deposit, certified check, irrevocable bank letter of credit, or surety bond be furnished by the developer to ensure compliance with an approved site plan and the special land use requirements. Such guarantee shall be deposited with the city clerk at the time of the issuance of the special land use authorization. In fixing the amount of such performance guarantee, the board shall limit it to reasonable improvements required to meet the standards of this chapter and to protect the natural resources or the health, safety and welfare of the residents of the city and future users or inhabitants of the proposed project or project area including, but not limited to roadways, utilities, sidewalks, screening and drainage. The term "improvements" does not include the entire project which is the subject of zoning approval nor to improvements for which a performance guarantee has been deposited pursuant to Public Act No. 288 of 1967 (MCL 560.101 et seq.). The board and the project developers shall establish an agreeable procedure for the rebate of any cash deposits required under this section, in reasonable proportion to the ratio of the work completed on the required improvements as work progresses. Said agreement shall be written as an element of the conditions surrounding the approval of the special land use.

(Prior Code, § 5.280; Ord. No. 88-02, 3-12-1988; Ord. No. 95-24, 8-7-1995)

State law reference

Performance guarantee, MCL 125.3505.