§ 1286.03. APPLICATION PROCEDURE.  


Latest version.
  • The following procedure for consideration of a special land use permit application shall be followed:

    (a)

    The applicant shall discuss the proposed project with the Planning Director. If the Planning Director determines that a special land use permit is the appropriate action, the applicant shall be given a special land use permit application. The application for a special land use permit shall be submitted at least thirty days prior to the next regular Planning Commission [meeting]. The application shall be submitted by all owners of interest in the land for which site plan approval is sought, or the designated agent of the owner. The applicant or a designated representative must be present at all scheduled meetings/hearings, or consideration of the application shall be tabled due to lack of representation.

    (b)

    The applicant shall complete the application and submit it to the City Clerk along with the application fee. The application shall not be processed unless the application fee is paid in full. The fee shall be determined by City Council as part of an overall zoning administration fee schedule, and shall be established at an amount to cover the costs of the review process.

    (c)

    Upon receipt of the completed application and fee, the City Clerk shall verify the property's parcel number(s) and legal description(s).

    (d)

    The City Clerk shall contact the Planning Commission Chairperson to determine a date for public hearing, if a public hearing is required to be held.

    (e)

    The City Clerk shall mail a notice of public hearing by first class mail to the applicant and all persons to whom real property is assessed within 300 feet of the subject property, and the occupants of all structures within 300 feet of the subject property. Such notice shall not be given less than fifteen days before the date of the hearing. The City Clerk shall also notify the Planning Director, Planning Commission members, City Assessor, and the Board of Zoning Appeals Chairperson.

    (f)

    The City Clerk shall publish a notice of public hearing in one newspaper of general circulation in the City, not less than fifteen days or more than thirty days before the date of the hearing.

    (g)

    The notice shall contain the following information:

    (1)

    Name of applicant;

    (2)

    Legal and general description of property;

    (3)

    A description of the requested special land use; and

    (4)

    The date, time and place of the public hearing; and the place and time period within which written comments may be submitted.

    (h)

    At the public hearing, the Planning Commission shall allow the public to present oral and written comments about special land use application. Public comments received shall be considered and evaluated.

    (i)

    Following the public hearing the Planning Commission shall make a decision regarding the special land use application within thirty days, unless additional time is needed to gather further information regarding the request. The Planning Commission shall either approve, approve with conditions, or deny the special land use application. The Planning Commission motion must be passed by majority vote.

    (j)

    For planned unit developments, the Planning Commission, by motion, shall make a recommendation to City Council to approve, approve with conditions, or deny the special land use application.

    (k)

    The pertinent facts considered and the reasons for the Planning Commission motion made shall be put in writing in a summary report, which for planned unit developments shall be provided to City Council. The summary report shall include the recommendation; a summary of comments made at the public hearing; and detailed findings concerning the special land use application based on conformance with the review standards in Section 1285.06 of this Zoning Code; consistency with the City of Coopersville Master Plan; and compatibility with adjacent uses of land, the natural environment, and the capacities of public services and facilities.

    (l)

    For planned unit developments, at the next regularly scheduled City Council meeting, the City Council shall review the Planning Commission recommendation and make a motion to approve, approve with conditions, or deny the special land use application. The pertinent facts considered and reasons for the action taken shall be put in writing. The special land use application must be passed by majority vote.

    (m)

    After the special land use permit has been granted, two copies of the granted permit and site plan shall be signed and dated by the City Clerk, one for the record and one to be submitted to the applicant. The City Clerk shall also notify the Planning Commission Chairperson, Board of Zoning Appeals Chairperson, Planning Director, Building Inspector, City Engineer and City Assessor.

    (n)

    Applications for special land use permits that have been denied by the Planning Commission, and for planned unit developments, the City Council, may not be appealed to the Board of Zoning Appeals as provided by the City or Village Zoning Act, Act 207 of the Public Acts of 1921, as amended.

    (o)

    No authorization for a special land use shall be valid for longer than two years, unless an extension is obtained from the Planning Commission or unless a building permit for construction or alteration is obtained within such period and such construction or alteration is started and proceeds to completion in accordance with the terms of such permit.

    No special land use permitting a use of a building or premises shall be valid for longer than two years, unless an extension is obtained from the Planning Commission or unless such use is established within such period.

(Ord. 195. Passed 4-9-90; Ord. 234. Passed 5-23-94; Ord. 454. Passed 1-13-14.)