ZoningVerdict

What is a conditional use in Rochester Hills, and who decides it?

A conditional use in Rochester Hills is a use the zoning table allows only with City Council approval. Table 4 marks each use P, permitted by right, C, conditional, or not permitted (§ 138-4.300, Table 4). Rochester Hills does not use the term special land use; the ordinance calls these conditional uses (§ 138-2.301).

Who decides:

  • The Planning Commission holds a public hearing and makes a recommendation (§ 138-2.301).
  • City Council makes the decision, with written findings against the standards in § 138-2.302 (§ 138-2.301).

Timing rules: a denial carries a 365 day resubmission bar absent new evidence, and an approval lapses after 365 days unless the use is established, with one 180 day extension available (§ 138-2.301). The Zoning Board of Appeals cannot hear an appeal of a Council conditional use decision (§ 138-2.301.F).

Sources

Full text: Rochester Hills ordinance on Municode. Applies to district: *.

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