A. Intent.
Special land uses are uses that have unique characteristics that require special consideration by the Planning Commission in relation to the welfare of adjacent properties and the community as a whole. The intent of this section is to specify which review standards shall be considered by the Planning Commission in making its determination.
B. Special land use types.
There are two types of special land uses:
C. Planning Commission review process.
Special land uses shall be required to follow the:
D. Basic special land use standards.
The Planning Commission shall review these standards in making a special land use application determination:
1. UDO. The proposed use and the site plan are consistent with the intent and standards of UDO.
2. Master Plan. The proposed use and site plan meet the goals, objectives, action steps, and the intent of the City of Holland's Master Plan.
3. Adjacent use compatibility. The proposed use shall be designed, constructed, operated, and maintained to be compatible with adjacent uses. The site design of the proposed use shall minimize the impact of site activity in relationship to adjacent properties by considering the following:
a. The location and
screening of traffic circulation and parking areas.
b. The location and
screening of
outdoor storage, outdoor activity, outdoor work areas, and mechanical equipment.
c. Structure massing, placement, and construction materials of construction of the proposed use.
d. Enhanced landscaping and other site amenities. Additional
landscaping over and above the requirements of
Article 39-6: Landscaping and Green Infrastructure may be required as a condition of approval for a special land use.
e. Hours of operation. Approval of a special land use may be conditioned upon operation within specified hours to help mitigate any potential impacts on surrounding properties.
4. Impact on traffic.
The proposed arrangement of streets, driveways, sidewalks, and nonmotorized pathways respects the existing
development pattern, limits access points, meets the requirements in
Article 39-10: Streets, Driveways and Sidewalks, and the special land use will not impose a significant amount of additional traffic. A traffic study shall be required, unless waived by the City Engineer.
5. Detrimental effects.
The special land use shall not create excessive traffic, noise, vibration, smoke, fumes, odors, dust,
glare or light that may be detrimental to adjoining properties or create a public nuisance.
6. Public services.
The special land use shall be adequately served by public infrastructure and utilities.
E. Effect of special land use approval.
Upon approval, the property of the special land use shall be deemed a conforming use permitted in the zone district in which it is proposed, subject to conditions imposed and the final determination of the site plan. Such approval shall affect only the property or portion thereof where the proposed use is located and shall remain valid regardless of change of property ownership.
F. Special land use variances and appeals.
The Board of Appeals shall have the authority to consider variances to UDO standards associated with a special land use application, but shall not have authority to impose conditions of approval. Appeals of special land uses shall go to the Circuit Court.
G. Special land use amendment.
The Planning Commission may approve a special land use amendment when a new application, a revised site plan, and additional items (as requested), are provided to the Community and Neighborhood Services Department.
1. Planning Commission review processes.
CNS staff shall determine which of the following Review Processes shall be used for the Special Land Use Amendment review based on the nature of the proposed amendment.
