Resolved by the Commission of the City of Battle Creek:
The Planning Commission has reviewed the petition of Ms. Tracy Smith requesting a special use permit to allow a tattoo parlor at 537 W. Columbia Avenue as permitted under the Planning and Zoning Code, Chapter 1290, Sec. 1290.01(a)(28). The property is legally described as: PARK BEIDLER LOTS 89 & 90, EXC BEG NE COR OF LOT 89 – SLY ALG E LI OF LOT 89 DIST OF 10 FT – NWLY TO N LI OF LOT 89 – ELY ALG N LI OF LOT 89 DIST OF 10 FT TO POB.
The Planning Commission held a public hearing on this matter at its October 28, 2015 meeting, and after due consideration, recommended that the Battle Creek City Commission approve the petition based upon the findings and conditions as set forth in the Basis for Determination outlined in the attached Report of the Planning Commission.
The Battle Creek City Commission having given its consideration to all information presented to it relating to said petition, adopts the findings and recommendations as set out in the report and supplemented by findings set forth on the record of this date which will be attached hereto, and does by way of this resolution approve Special Use Permit S02-15 for to allow a tattoo parlor at 537 W. Columbia Avenue, finding beyond reasonable doubt that the general standards set forth in City Ordinance 1290.04 will be satisfied by the completion and operation of the proposed development with the following conditions and/or restrictions:
a. The on-site parking lot must be striped prior to its use. A parking lot striping plan for the on-site parking lot shall be submitted to the Planning Department for review and approval.
b. All necessary approvals and any required permits shall be obtained from the appropriate agencies, including but not limited to the State of Michigan, Department of Public Works, and Inspections Department prior to Certificate of Occupancy.
c. The approval of the special use permit is based upon the contents of the submitted application and this staff report. Any future proposed change must be reviewed with the Planning Department to ensure consistency with the approved special use permit, and may be subject to approval of a revision of the special use permit by the Planning Commission and City Commission.
d. Pursuant to Chapter 1232.01 (a), no change in the use or occupancy of land or in the use or occupancy of an existing building shall be made, nor shall any new building be occupied for any purpose, until a certificate of occupancy has been issued by the Zoning Administrator or his or her agent. Such a certificate shall state that the new occupancy complies with Building and Zoning Codes.
e. Pursuant to Chapter 1290.02 (e), certificates of occupancy for special uses shall be valid for a period established by the City Commission or as long as the use is established and maintained in conformity with the plans submitted and approved. Occupancy permits shall expire after one year if the use is not under construction or maintained. For good cause shown and upon written application, the Planning Commission may extend a special use permit for six months.
I, Victoria Houser, City Clerk of the City of Battle Creek, hereby certify the above and foregoing is a true and correct copy of a Resolution adopted by the Battle Creek City Commission at a Regular meeting held on November 10, 2015.
Victoria Houser
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