Mich. Admin. Code R. 281.158 - Special exception permits

Rule 8.

(1) Special exception permits may be granted to allow a use in the natural river district which is specifically permitted by R 281.156, if implementation of that use does not contravene the purposes of these rules as specified in R 281.152.

(2) Application for a special exception permit shall be made on a form provided by the zoning administrator.

(3) Upon reviewing an application for a special exception permit, the zoning review board, at any time before rendering a decision thereon, shall require the applicant to furnish all of the following information which the zoning review board deems necessary for determining the suitability of the particular site for the proposed use:

(a) A detailed description of the proposed activity or use.

(b) A surface view plan which gives accurate dimensions on either a scale drawing or a rough sketch and which shows all of the following:

(i) Elevations or contours of the ground, including existing earth fills.

(ii) Generalized vegetative cover.

(iii) The size, location, and spatial arrangement of all proposed and existing structures on the site.

(iv) The location and elevations of streets, access roads, and water supply and sanitary facilities.

(c) Photographs that show existing land uses and vegetation upstream and downstream from the proposed use.

(d) Valley cross sections that show the natural stream channel, streambanks, high-water marks, flood marks, if known, and locations of proposed developments.

(e) All other information which is deemed relevant by the zoning administrator and which is necessary to carry out the intent and provisions of these rules.

(4) Before considering applications, the zoning review board shall give notice, by certified mail, to all of the following:

(a) Property owners whose property is within 500 feet of the proposed use as shown on the current tax assessment rolls.

(b) The appropriate local officials and department of natural resources personnel, including all of the following:

(i) The township supervisor.

(ii) The township building inspector.

(iii) The county health officer.

(iv) The local soil erosion and sedimentation control enforcement agency.

(v) County and township planning and zoning officials.

(vi) The soil conservation service.

(vii) The regional office and natural rivers section of the department of natural resources.

(viii) The Huron river watershed council.

(c) Any other interested parties who request that they be notified of such applications in the natural river district.

(5) In reviewing an application, the zoning review board shall consider all of the following:

(a) All relevant factors specified in these rules in light of the spirit and intent of the purposes specified in R 281.152.

(b) The economic effect of the subject property weighed in light of the applicant's entire contiguous holdings and not merely the portion within the natural river district. If the subject portion is the remainder of a larger holding, this fact, together with a description of the title history, shall be included in the hearing evidence.

(c) Increases in flood levels and flood damages that may be occasioned by the proposed use at the site and upstream and downstream from the site, water quality consequences, and other relevant factors within the terms of these rules.

(d) The cumulative effect upon the natural river district from the potential development of holdings in a legal position similar to the applicant's, if the applicant's request is approved by the zoning review board.

(e) Reasonable alternatives that are available to the applicant.

(6) In weighing the applicant's request, consideration of public health, safety, and welfare shall prevail, unless private injury is proven by a preponderance of the evidence to be so great as to override the public interest.

(7) A requested use shall not be granted if the zoning review board determines that the requested use poses a substantial hazard to life or to public or private property rights.

(8) The zoning review board may require public hearings to be held regarding the application. The zoning review board shall decide on an application within 30 days after its receipt, except that if public hearings are held or if additional information is required pursuant to subrule (3) of this rule, the zoning review board shall render a decision within 30 days following the hearings or upon receipt of the last requested item of information.

(9) The zoning review board shall attach such conditions to the granting of a special exception permit as are necessary to further the purposes of these rules.

(10) A special exception use shall adhere strictly to the terms of the special exception permit. A special exception permit that does not adhere strictly to the terms of the permit may be revoked by the zoning administrator.

Notes

Mich. Admin. Code R. 281.158

1981 AACS