A. Various land uses and activities possess unique characteristics which, under certain conditions, require special limitations and controls to insure compatibility with adjacent land uses, with the natural environment, and with existing and projected capacities of public services and facilities affected by such uses or activities.
B. Such land uses, if provided for in this chapter, are special land uses, subject to review and approval by the Planning Commission after public notice and public hearing. In granting any such approval, the Planning Commission may impose reasonable terms and conditions in order to assure that public services and facilities will be capable of accommodating increased service and facilities requirements, to protect the natural environment and conserve natural resources, and to promote the use of land in a socially and economically desirable manner.
C. Only the special land uses specifically stated in this chapter are eligible for consideration and approval. This article includes provisions for applications for special land uses; required procedures; standards for approval of special land uses; and particular standards and requirements for specific special land uses which are available if included in the zone district articles or in other provisions of this chapter.
 

An applicant for a special land use shall proceed as follows:

A. An application, on a form provided by the Township, shall be completed by the applicant and submitted to the Zoning Administrator.
B. The fee established for an application for a special land use shall be paid at the time of the filing of the application. The applicant shall also deposit the required sum into an escrow account with the Township for use in reimbursing the Township for its expenses in the consideration of the matter, as specified in the Township's zoning escrow account procedures.
C. A site plan and the required number of copies covering the special land use shall be submitted with the application. The site plan shall comply with all of the required contents of a site plan as stated in § 450-22.06A, except items waived under § 450-22.06B.

Procedures for consideration and approval.

A. When an application and site plan are received for an available special land use, the Zoning Administrator shall determine whether the application and the site plan are complete. If either is incomplete, the Administrator shall return both to the applicant for correction or completion. Complete applications and site plans shall be forwarded by the Zoning Administrator to the Planning Commission for public hearing.
B. Notice of a Planning Commission public hearing on a proposed special land use shall be published and mailed in accordance with Article 32 of this chapter.
C. A special land use shall comply with all of the minimum requirements provided in this chapter and in other applicable Township ordinances for the special land use.
D. In considering a special land use, the Planning Commission may require the submission of additional reports, studies or information, including an environmental impact assessment, traffic impact study, stormwater drainage plan and other plans or studies, bearing upon the operation and effects of the special land use.
E. In its review of the application and the site plan, the Planning Commission may submit the same for review and comment by the Township's professional consultants.
F. Following the public hearing, the Planning Commission shall approve the special land use, deny the use or approve the use with conditions, subject to Subsection G of this section. If the special land use is denied, the Planning Commission shall specify the grounds for denial in a resolution or in the minutes of the public hearing.
G. In the case of a special land use that is subject to final approval by the Township Board, the Planning Commission shall, after public hearing, make a recommendation to the Board as to whether the special land use shall or shall not be approved or, if approved, upon what terms. Following such recommendation, the application, the site plan, the minutes of the Planning Commission hearing and other relevant information and materials on the matter shall be forwarded to the Township Board for consideration and decision.

Standards for approval.
The Planning Commission shall approve a special land use only if all of the following standards are satisfied, in addition to any specific requirements stated in this chapter for the special land use:

A. The use is designed and constructed, and will be operated and maintained, so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, will be compatible with adjacent uses of land, and will not change the essential character of the area in which it is proposed.
B. The use is, or will be as a result of the special land use permit, served adequately by public services and facilities, including, but not limited to, streets, police and fire protection, drainage structures, refuse disposal, water and sewer facilities and schools.
C. The use does not involve activities, processes, materials and equipment or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of traffic, noise, smoke, fumes, glare or odors.
D. The use will be compatible with the natural environment and will be designed to encourage conservation of natural resources and energy.
E. The site plan proposed for the use demonstrates compliance with the special land use specific design standards and all other applicable requirements of this chapter.
F. The special land use must be consistent with the intent and purposes of this chapter and the Master Plan.

Terms and conditions of approval.
In approving a special land use, the Planning Commission may impose terms and conditions in order to achieve the following:

A. To ensure public services and facilities affected by the proposed use or activity will be capable of accommodating increased service and facility loads necessitated by the proposed use.
B. To ensure that the use is compatible with adjacent land uses and activities.
C. To protect natural resources, the health, safety, and welfare and 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.
D. To relate to the valid exercise of the police power and purposes which are affected by the proposed use or activity.
E. To meet the intent and purpose of this chapter, be related to the standards established in this chapter for the land use or activity under consideration, and be necessary to insure compliance with those standards.

Effectiveness of approval.

A. Approval of a special land use shall be effective for a period of one year, but such effectiveness shall continue so long as the development and construction of the special land use commences within such period of one year and is diligently pursued to completion and operation thereafter.
B. Upon written application by the applicant, the Planning Commission may extend the one-year term of the special land use by an additional period of up to one year upon a finding that there have been no changed relevant conditions in the area or with respect to the use which would require reconsideration of the special land use. An application for an extension of the initial one-year period shall be submitted by the applicant, in writing, prior to the expiration of the initial one-year period; provided, however, that in the case of an untimely application for such an extension, the Planning Commission shall nevertheless have the option to consider, or not consider, the extension upon a finding that extenuating circumstances or unforeseen events have prompted the untimeliness and, further, that land use conditions in the area of the special land use have not changed to such extent that the use should be reconsidered under the same procedures that applied for original consideration.

Amendment of special land use.

A. An applicant may apply for an amendment in an approved special land use by submitting a complete application form, a site plan depicting the special land use and the requested amendment, together with payment of the applicable application fee and zoning escrow deposit.
B. The procedures whereby the Planning Commission may consider and approve an amendment shall be the same as those specified for original approval of a special land use, including public notice of and public hearing by the Planning Commission.
C. In considering any such amendment, the Planning Commission may review the existing special land use, and all operational and other aspects thereof, in order to determine whether the special land use, as amended, may properly be approved. In approving a proposed amendment, the Planning Commission may include terms and conditions.

Violation of special land use requirements; enforcement.

A. A violation of any of the terms and conditions of a special land use shall be a violation of this chapter, and all penalties specified herein for the violation of this chapter shall apply; the Township shall also have such other enforcement remedies permitted by law.
B. The Township may also take such other lawful action as may be necessary to prevent or moderate the violation, including revocation of all or part of the special land use. A decision to revoke a special land use or any part thereof shall be made by the Planning Commission at a public meeting. Prior to any Planning Commission consideration and decision as to revocation, the Zoning Administrator shall notify the applicant of the violation, in writing, and that, unless corrected, the special land use or a stated component thereof shall be subject to revocation. Such notice of violation shall be mailed to the applicant at least 15 days prior to any consideration of revocation by the Planning Commission.

Standards and requirements for particular special land uses.
The following sections of this article include standards and requirements for specific special land uses which must be satisfied in addition to compliance with the general special land use standards stated in § 450-23.04: Standards for approval.

See Forms and Applications for more information.
See Planning Commission for more information on this commission.