§ 19.03. Basis of Determination

Prior to approval of a special use application, the Village Council shall insure that standards specified in this Article, as well as applicable standards established elsewhere in this ordinance, shall be satisfied by the completion and operation of the special use under consideration.

1.

General Standards. The Village Council shall review the particular circumstances of the special use application under consideration in terms of the special use standards, and shall approve a special use only upon a finding in compliance with each of the following standards, as well as applicable standards established elsewhere in this ordinance.

A.

The special use shall be designed, constructed, operated and maintained in a manner harmonious with the character of adjacent property and the surrounding area.

B.

The special use shall not change the essential use of the surrounding area.

C.

The special use shall not be hazardous to adjacent property, or involve uses, activities, materials, or equipment which will be detrimental to the health, safety or welfare or persons or property through the excessive production of traffic, noise, smoke, fumes or glare.

D.

The special use shall not place demands on public services and facilities in excess of current capacity.

E.

The special use is in compliance with the Village of Berrien Springs Master Plan.

2.

Conditions. The Village Council may require reasonable conditions in conjunction with approval of a special land use. The conditions may include conditions necessary to insure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to insure the compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desired manner. Conditions imposed shall do all the following:

A.

Be designed to protect natural resources, the health, safety and welfare, as well as 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.

B.

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

C.

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 those standards.

D.

The conditions imposed with respect to the approval of a land use or activity shall be recorded in the public record of the approval action and remain unchanged except upon the mutual consent of the Village Council and the landowners.

3.

Termination. If any special use is not put into effect within six (6) months of the date of approval by the Village Council is discontinued through vacancy of the premises, lack of operation or otherwise for a continuous period of six (6) months, then the special use shall lapse and be null and void. Future use of said property shall conform in its entirety to the provisions of this Ordinance; however, the Village Council for good cause, may grant an extension for time to comply or to continue the special use if, in its judgement, such extension is necessary in order to avoid injustice or undue hardship to the owners of the property.

(Ord. No. 316, 5-19-2008)