What is a special land use in Royal Oak, and who decides it?
A special land use is a use the ordinance allows in a district only after discretionary review, not by right. In Royal Oak the Planning Commission decides special land uses after a public hearing (§ 770-11). The ordinance text sometimes calls this body the Plan Commission; the city uses Planning Commission.
Key points:
- Mailed notice goes to owners within 300 ft at least 15 days before the hearing (§ 770-13)
- Approval is at the Commission's discretion
- The permit is void if no building permit issues within 1 year, and denial brings a 1-year reapplication bar (§ 770-11D, E)
A few categories go instead to the City Commission after a Planning Commission recommendation: alcohol plans of operation (§ 770-52B), marihuana establishments (§ 770-52.1), residential accessory parking lots (§ 770-73), and PUD rezonings (§ 770-98A).
The ZBA cannot hear special land use appeals unless the Planning Commission authorizes it (§ 770-124E).
Sources
Full text: Royal Oak ordinance on eCode360. Applies to district: *.
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