§ 38-453. Basis for determination.

Before making a recommendation on a special use permit application, the planning commission shall establish beyond a reasonable doubt that the following general standards, as well as the special standards outlined in each applicable section of this article, shall be satisfied:

(1)

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:

a.

Be harmonious with and in accordance with the general principals and objectives of the mid-county land use plan and other approved planning documents of the city;

b.

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;

c.

Not be hazardous or disturbing to existing or future uses in the same general vicinity and will be a substantial improvement to property in the immediate vicinity and to the community as a whole;

d.

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;

e.

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;

f.

Be necessary to 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 be necessary to insure compliance with these standards;

g.

Be related to the valid exercise of police power and purposes which are affected by the proposed use or activity.

(2)

Conditions and safeguards. The planning commission may impose such additional conditions and safeguards deemed necessary for the general welfare, for the protection of individual property rights and for insuring that the intent and objectives of this article will be observed. 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 except upon the mutual consent of the council and the landowner. The city clerk shall maintain a record of changes granted in conditions. The breach of any condition, safeguard, or requirement shall automatically invalidate the permit granted.

(3)

Performance guarantee. In authorizing a special land use permit, the city planning commission may require that a cash deposit, certified check, irrevocable bank letter of credit, or surety bond be furnished by the developer to insure compliance with an approved site plan and the special land use permit requirements. Such guarantee shall be deposited with the city clerk at the time of the issuance of the special land use permit. In fixing the amount of such performance guarantee, the city planning commission shall limit it to reasonable improvements required to meet the standards of this article 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, lighting, utilities, sidewalks, screening and draining. 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 Act No. 288 of the Public Acts of Michigan of 1967 (MCL 560.101 et seq., MSA 26.430(101) et seq.), as amended. The city planning commission and the project developer shall establish an agreeable procedure for the rebate of any cash deposits required under this section in reasonable proportion to the ratio of work completed on the required improvements as work progresses. The agreement shall be written as an element of the conditions surrounding the approval of the special land use permit.

(4)

Specified requirements. The general standards and requirements of this section are basic to all uses authorized by special use permit. The specific and detailed requirements set forth in the following sections relate to particular uses and are requirements which must be met by those uses in addition to the foregoing general standards and requirements where applicable.

(Ord. No. 424, § 19A1.3, 6-18-84)