[Amended 6-6-1994 by Ord.
No. 94-06]
(a)
Applicability. Prior to the establishment of a new use, change of
use, addition to an existing use, or the erection of any building
in a zoning district, subject to the conditions listed in this subsection,
a site plan shall be submitted and approved, approved with conditions,
or disapproved by the City Planning Commission in accordance with
the requirements of this article.
(1)
Site plan reviews are required for all permitted principal uses
and structures in all zoning districts (except for single-family detached
and two-family dwellings and their accessory uses) and all conditional
approval uses in all zoning districts.
(2)
When the proposed new construction or remodeling constitutes
an addition to an existing building or use, site plan review procedures
may be modified, at the discretion of the building inspector, to provide
for an administrative review by the building inspector in lieu of
a more formal review by the City Planning Commission. The building
inspector may conduct an administrative review provided both of the
following are true:
(3)
For those cases requiring site plan review solely as a result
of building reoccupancy, site plan review procedures may be modified,
at the discretion of the building inspector, to provide for an administrative
review by the building inspector in lieu of a more formal review by
the City Planning Commission. The building inspector may conduct an
administrative review provided all of the following are true:
(4)
Every site plan submitted for review shall be in accordance
with the requirements of this chapter. Administrative review procedures
are not intended to modify any ordinance, regulation or development
standard.
(b)
Submission; copies. Every site plan submitted to the Planning Commission
shall be in accordance with the requirements of this chapter. Twenty
complete copies of all site plans shall be filed with the City Clerk,
who shall place the request on the next Planning Commission agenda.
(c)
Information required.
(1)
The following information shall be included on the site plan:
a.
A scale of not less than one inch equals 50 feet if the subject
property is less than three acres, and one inch equals 100 feet if
three acres or more.
b.
Date, north point and scale.
c.
The dimensions of all lot and property lines, showing the relationship
of the subject property to abutting properties and buildings within
100 feet.
d.
Legal description of the parcel.
e.
Existing and proposed topography with contours at two-foot intervals,
based on USGS datum, extending a minimum of 100 feet beyond the site
boundaries.
f.
An inventory of existing vegetation on the site and an indication
of any alterations.
g.
The location and nature of any streams, drains, swamps, marshes
or unstable soils.
h.
An indication of basic drainage patterns, existing and proposed,
including any structures, retention basins and fencing which are proposed.
The applicant shall contact the municipality and municipal engineer
to determine the adequacy of utility and stormwater proposals, slope
and sod erosion requirements to determine if any such requirements
will adversely affect the site plan.
i.
A schedule of parking needs. Separate drawings may be submitted
to indicate usable floor areas, etc., for computation of parking needs.
j.
A detailed planting plan and schedule of plant materials and
sizes.
k.
Cross section drawings of any walls, berms, etc.
l.
The location and width of all existing and proposed sidewalks
on or bordering the subject site. Where the subject site borders a
public right-of-way, a concrete sidewalk five feet in width shall
be provided within the public right-of-way one foot from the subject
site's property line. If a sidewalk in good condition exists within
the public right-of-way, this requirement may be waived by the building
inspector.
m.
The location of all existing and proposed structures of the
subject property and all existing structures within 100 feet of the
subject property. The setbacks to all existing and proposed structures
to be retained or constructed on the site shall be indicated; this
includes buildings, signs, trash storage areas, walls, fences, berms,
parking areas, etc. The height of all proposed structures shall also
be indicated.
n.
The location of all existing and proposed drives and parking
areas.
o.
The location and right-of-way widths of all abutting streets
and alleys.
p.
The names, addresses and telephone numbers of the architect,
planner, designer, engineer or person responsible for the preparation
of the site plan.
q.
The names, addresses and telephone numbers of the developers.
(2)
In addition to the information required by Subsection (1) of this subsection, the applicant shall submit a supplementary explanation as to the specific types of activities proposed. Such information shall include but not be limited to the following:
a.
Estimated number of employees, resident shoppers, etc.
b.
Hours of operation.
c.
Any changes anticipated in terms of dust, odor, smoke, fumes,
noise, lights, etc.
d.
Modifications to vegetative cover, drainage patterns, earthwork
and problem areas.
e.
Any ancillary improvements that the applicant proposes to remedy
or prevent problems created by the development.
f.
Estimated costs of proposed landscaping berms, walls, acceleration/deceleration
lanes or bypass lanes or any other required site improvement not covered
in the building permit cost estimates.
(d)
Contents of site plan file. The site plan, and all supplementary
data, together with minutes of any meeting and hearings related to
the proposed site plan, shall become part of the official site plan
file.
(e)
Standards for approval. In the process of reviewing the site plan,
the Planning Commission shall consider:
(1)
Specific development requirements set forth in this chapter.
(2)
The location and design of driveways providing vehicular ingress
to and egress from the site, in relation to streets giving access
to the site, and in relation to pedestrian traffic.
(3)
The traffic circulation features within the site and location
of automobile parking areas, and may make such requirements with respect
to any matters as will ensure:
a.
Safety and convenience of both vehicular and pedestrian traffic,
both within the site and in relation to access streets.
b.
Satisfactory and harmonious relationships between the development
on the site and the existing and prospective development of contiguous
land and adjacent neighborhoods.
c.
Accessibility afforded to emergency vehicles.
(4)
The arrangement of use areas on the site in relation to functional,
efficient and compatible arrangements within the site and also in
relation to adjacent uses.
(5)
The Planning Commission may further require landscaping, fences
and walls in pursuance of these objectives, and such landscaping,
fences and walls shall be provided and maintained as a condition of
the establishment and the continued maintenance of any use to which
they are appurtenant.
(6)
In those instances wherein the Planning Commission finds that
an excessive number of ingress or egress points may occur with relation
to major or secondary thoroughfares, thereby diminishing the carrying
capacity of the thoroughfare, the Planning Commission may recommend
marginal access drives. For a narrow frontage, which will require
a single outlet, the Planning Commission may recommend that money
be placed in escrow with the municipality so as to provide for a marginal
service drive equal in length to the frontage of the property involved.
Occupancy permits shall not be issued until the improvement is physically
provided, or monies have been deposited with the Clerk.
(7)
The cost estimates, as required in this section, shall be reviewed
by the appropriate municipal official (i.e., building inspector, engineer
or planner) for their compliance with current cost estimates. These
reviews and recommendations shall be forwarded to the Planning Commission
for inclusion in any approved site plan.
(8)
The Planning Commission may waive site plan information for
topography, vegetation, problem soils, landscaping, employment data,
environmental considerations, etc., when such concerns are obviously
not pertinent to the proposed development.
(9)
The Planning Commission, or building inspector as part of administrative
review procedures, shall seek input from local public safety officials
as part of the site plan review process, prior to approving, disapproving,
or approving with conditions the site plan.
(f)
Action by Planning Commission. The Planning Commission, upon reviewing
a site plan, shall take one of the following actions:
(1)
Approval. If the site plan meets all the requirements of this
chapter and related development requirements and standards, the Planning
Commission shall record such approval and the chairman shall sign
three copies of the site plan, filing one in the official site plan
file, forwarding one to the building inspector, and returning one
to the applicant.
(2)
Disapproval. If the site plan does not meet the requirements
of this chapter and related development requirements and standards,
the Planning Commission shall record the reasons for denial. The applicant
may subsequently refile a corrected site plan under the same procedures
followed for the initial submission.
(3)
Conditional approval. If minor corrections to the site are necessary,
which can be clearly noted, then the Planning Commission shall so
note such conditions and the chairman shall sign three site plans
as conditionally approved and stating the necessary conditions. One
copy shall be retained in the official site plan file, one forwarded
to the building inspector, and one returned to the applicant.
(4)
Tabling. If the site plan is found to be in violation of the
requirements or incomplete with respect to necessary information,
the Planning Commission may table action on the site plan until ordinance
compliance is shown or required additional information is provided.
(g)
Performance guarantees. To ensure compliance with this chapter and
any condition imposed thereunder, the Planning Commission may require
that cash, a certified check, an irrevocable bank letter of credit,
or a surety bond acceptable to the City, covering the estimated cost
of improvements associated with a project for which site plan approval
is sought, be deposited with the City to ensure faithful completion
of the improvements, which shall also be subject to the following:
(1)
The performance guarantee shall be deposited prior to the issuance
of a temporary certificate of occupancy. The City shall establish
procedures whereby a rebate of any cash deposits in reasonable proportion
to the ratio of work completed on the required improvements will be
made as work progresses. Any partial release of funds shall be less
than 10% which shall be retained by the municipality until all work
has been completed and subsequently inspected and approved by the
building inspector. This does not relieve the applicant from satisfying
all applicable maintenance warranties and guarantees necessary to
ensure the proper functioning of the public improvements.
(2)
This section shall not be applicable to improvements for which
a cash deposit, certified check, irrevocable bank letter of credit,
or surety bond has been deposited pursuant to Act No. 288 of the Public
Acts of Michigan of 1967 (MCL 560.101 et seq., MSA 26.430(101) et
seq.), as amended (the state Subdivision Control Act).
(3)
As used in this section, the term "improvements" means those
features and actions associated with a project which are considered
necessary by the body or official granting zoning approval to protect
natural resources or the health, safety and welfare of the residents
of the City and future users or inhabitants of the proposed project
or project area, including roadways, lighting, utilities, sidewalks,
screening, landscaping and surface drainage. Improvements do not include
the entire project which is the subject of zoning approval.
(h)
Completion of improvements. An approved site plan shall remain valid
for a period of one year from the date of approval. If all improvements
are not installed, then any such remaining improvements shall be completed
no later than July 1 of the following construction season, except
that the Planning Commission may, at its discretion, upon application
by the owner and for cause shown, provide for up to two successive
twelve-month extensions.
[Amended 6-6-1994 by Ord.
No. 94-06; 9-16-2002 by Ord. No. 02-12]
The following regulations shall apply to all condominium developments
within the City:
(1)
Initial information. Concurrently with notice required to be given
the City pursuant to § 71 of Act No. 59 of the Public Acts
of Michigan of 1978 (MCL 559.101 et seq., MSA 26.50(101) et seq.),
as amended (the Condominium Act), a person intending to develop a
condominium development shall provide the following information:
a.
The name, address and telephone number of:
1.
All persons, firms or corporations with an ownership interest
in the land on which the condominium development will be located,
together with a description of the nature of each entity's interest
(for example, fee owner, optionee or land contract vendee).
2.
All engineers, attorneys, architects or registered land surveyors
associated with the project.
3.
The developer or proprietor of the condominium development.
b.
The legal description of the land on which the condominium development
will be developed, together with appropriate tax identification numbers.
c.
The acreage content of the land on which the condominium development
will be developed.
d.
The purpose of the development (for example, residential, commercial,
industrial, etc.).
e.
The approximate number of condominium units to be developed on the
subject parcel.
f.
Whether or not a community water system is contemplated.
g.
Whether or not a community septic system is contemplated.
(2)
Information to be kept current. The information shall be furnished to the building inspector and shall be kept updated until such time as a certificate of occupancy has been issued pursuant to § 86-495.
(3)
Site plans for new projects. Prior to recording of the master deed required by § 72 of Act No. 59 of the Public Acts of Michigan of 1978 (MCL 559.101 et seq., MSA 26.50(101) et seq.), as amended, the condominium development shall undergo site plan review and approval pursuant to § 86-391. In addition, the City shall require appropriate engineering plans and inspections prior to the issuance of any certifications of occupancy.
(4)
Site plans for expandable or convertible projects. Prior to expansion or conversion of a condominium development to additional land, the new phase of the project shall undergo site plan review and approval pursuant to § 86-391.
(5)
Master deed, restrictive covenants and as-built survey. The condominium
development developer or proprietor shall furnish the building inspector
with the following: one copy of the recorded master deed, one copy
of all restrictive covenants and two copies of an as-built survey.
The as-built survey shall be reviewed by the City engineer for compliance
with local ordinances. Fees for this review shall be established by
resolution of the City Council.
(6)
Monuments and markers. All condominium developments which consist
in whole or in part of condominium units which are building sites
shall be marked with monuments as provided in this subsection.
a.
All monuments used shall be made of solid iron or steel bars at least
one-half inch in diameter and 36 inches long and completely encased
in concrete at least four inches in diameter.
b.
Monuments shall be located in the ground at all angles in the boundaries
of the condominium development; at the intersection lines of streets
and at the intersection of the lines of streets with the boundaries
of the condominium development and at the intersection of alleys with
the boundaries of the condominium development; at all points of curvature,
points of tangency, points of compound curvature, points of reverse
curvature and angle points in the side lines of streets and alleys;
and at all angles of an intermediate traverse line. It is not intended
or required that monuments be placed within the traveled portion of
a street to mark angles in the boundary of the condominium development
if the angle points can be readily reestablished by reference to monuments
along the side lines of the streets.
c.
If the required location of a monument is in an inaccessible place,
or where the locating of a monument would be clearly impracticable,
it is sufficient to place a reference monument nearby, and the precise
location thereof shall be clearly indicated on the plans and referenced
to the true point.
d.
If a point required to be monumented is on a bedrock outcropping,
a steel rod at least one-half inch in diameter shall be drilled and
grouted into solid rock to a depth of at least eight inches.
e.
All required monuments shall be placed flush with the ground where
practicable.
f.
All unit corners and the intersection of all limited common elements
and all common elements shall be monumented in the field by iron or
steel bars or iron pipe at least 18 inches long and one-half inch
in diameter, or other approved markers.
g.
The City Council may waive the placing of any of the required monuments
and markers for a reasonable time, not to exceed one year, on the
condition that the proprietor deposits with the City cash or a certified
check, or irrevocable bank letter of credit to the City, whichever
the proprietor selects, in an amount to be established by the Council
by resolution. Such cash, certified check or irrevocable bank letter
of credit shall be returned to the proprietor upon receipt of a certificate
by a surveyor that the monuments and markers have been placed as required
within the time specified.
(7)
Compliance with applicable laws. All condominium developments shall
comply with federal and state statutes and local ordinances.
(8)
Occupancy prior to completion of improvements. The building inspector
may allow occupancy of the condominium development before all improvements
required by this chapter are installed provided that cash, a certified
check or an irrevocable bank letter of credit is submitted sufficient
in amount and type to provide for the installation of improvements
before the expiration of the temporary occupancy permit without expense
to the City.
(9)
Single-family detached condominiums.
a.
General requirements. Single-family detached condominium projects
shall be subject to all requirements and standards of the applicable
R-A one-family residential districts.
b.
Design standards. The design of a single-family detached condominium
project shall be subject to the following design, layout and engineering
standards, except as may otherwise be provided by this chapter:
1.
Location, arrangement and design
of streets.
i.
The street layout shall provide for the continuation of streets
in the adjoining subdivisions or of the proper projection of streets
when adjoining property is not subdivided, or conform to a plan for
a neighborhood unit drawn up and adopted by the Planning Commission.
ii.
The street layout shall include minor streets so laid out that
their use by through traffic shall be discouraged.
iii.
Should a proposed development border on or contain an existing
or proposed major thoroughfare, the Planning Commission may require
marginal access streets, reverse frontage or such other treatment
as may be necessary for adequate protection of residential properties
and to afford separation and reduction of traffic hazards.
iv.
Should a proposed development border on or contain a railroad,
expressway or other limited access highway right-of-way, the Planning
Commission may require the location of a street approximately parallel
to and on each side of such right-of-way at a distance suitable for
the development of an appropriate use of the intervening land, such
as for parks, in residential districts. Such distances shall be determined
with due consideration of the minimum distance required for approach
grades to future grade separation.
v.
The minimum street grade shall not be less than 0.5%. The maximum
street grade shall be 5.0%, except that the Planning Commission may
modify this standard on the recommendation of the City engineer.
vi.
Streets shall be laid out so as to intersect as nearly as possible
at 90°.
vii.
Street jogs with centerline offsets of less than 125 feet shall
be avoided.
viii.
Sight distances on horizontal or vertical curves
and at intersecting roads shall be a minimum of 200 feet. Sight distance
for intersecting streets shall be measured 10 feet from the edge of
the traveled portion of the road and from an eye height of 3.5 feet
to an object height of 3.5 feet.
ix.
Construction standards shall conform to at least the following
minimum requirements:
|
Street Type
|
Right-of-Way Width
|
Pavement Width
| |
|---|---|---|---|
|
All types of streets
|
60 feet
|
24 feet
| |
|
Cul-de-sac
|
60-foot radius
|
45-foot radius
|
x.
The maximum length for residential cul-de-sac streets shall
generally be 500 feet; however, the Planning Commission may approve
a distance of up to 1,000 feet.
xi.
All pavements shall be asphalt or concrete pavement with concrete
curb and gutter on each side in accordance with the standards prescribed
by the City engineer.
3.
Natural features. The natural features and character of lands
must be preserved wherever possible. Due regard must be shown for
all natural features such as large trees, natural groves, watercourses
and similar community assets that will add attractiveness and value
to the property if preserved. The preservation of drainage and natural
stream channels must be considered by the proprietor, and the dedication
and provision of adequate barriers, where appropriate, shall be required.
4.
Walkways. Walkways shall be installed in all single-family detached
condominium developments. Such walkways shall be a minimum of five
feet in width and shall be constructed of concrete four inches thick.
In addition, walkways shall be located on both sides of all interior
roadways and so located as to provide access to all general common
areas. Upon review of the site plan, the Planning Commission may approve
alternative locations for the walkways or may waive the walkway requirement
if it would not serve the purpose of providing adequate pedestrian
circulation.
5.
Utilities.
i.
An adequate storm drainage system, including necessary storm
sewers, catchbasins, manholes, culverts, bridges and other appurtenances,
shall be required in all developments.
ii.
A public sanitary sewer system shall be required.
iii.
A public water supply system shall be required.
iv.
The proprietor shall make arrangements for all lines for telephone,
electric, television and other similar services distributed by wire
or cable to be placed underground entirely throughout the development
area, and such conduits or cables shall be placed within private easements
provided to such service companies by the developer or within dedicated
public ways, provided only that overhead lines may be permitted upon
written recommendation of the City engineer and the approval of the
Planning Commission at the time of site plan approval where it is
determined that overhead lines will not constitute a detriment to
the health, safety, general welfare, design and character of the development.
All such facilities placed in dedicated public ways shall be planned
so as not to conflict with other underground utilities. All such facilities
shall be constructed in accordance with standards of construction
approved by the state public service commission. All drainage and
underground utility installations which traverse privately held property
shall be protected by easements granted by the proprietor.
(10)
Final documents to be provided. After submittal of the condominium
plan and bylaws as part of the master deed, the proprietor shall furnish
to the City a copy of the site plan on a mylar sheet of at least 13
by 16 inches with an image not to exceed 10 1/2 by 14 inches.
[Amended 6-6-1994 by Ord.
No. 94-06]
(a)
Applicability.
(1)
The uses identified as special condition uses are recognized
as possessing characteristics of such unique and special nature, relative
to location, design, size, public utilities needs and other similar
characteristics, as necessitating individual standards and conditions
in order to safeguard the general health, safety and welfare of the
community.
(2)
The Planning Commission, as provided in this section, shall
have the authority to approve conditional use permits, subject to
such conditions of design, operation, and appropriate and reasonable
safeguards as the City may require for any special condition use included
in the various provisions of this chapter.
(b)
Data required; application; fee.
(1)
Application for any conditional use permit as provided under
the provisions of this chapter shall be made to the building inspector
by filing an official special condition use permit application form;
submitting required data, exhibits and information; and depositing
the required fee as established by resolution of the City Council,
as amended from time to time. No portion of such fee shall be reimbursable
to the applicant.
(2)
An application for a conditional use permit shall contain the
following:
a.
The applicant's name, address and telephone number.
b.
The address and tax description number of the subject parcel.
c.
A signed statement that the applicant is the owner of the subject
parcel, or is acting as the owner's representative.
d.
A certified survey drawing of the subject parcel.
e.
A complete site plan containing all of the applicable data outlined in § 86-391, pertaining to review and approval of site plans.
f.
Supporting statements, evidence, data, information and exhibits
which address those standards and requirements for assessing special
condition use permit applications outlined in Subsection (d) of this
section.
(c)
Public hearing requirements. Upon receipt of an application for a
use requiring conditional approval, the Planning Commission shall
hold a public hearing, one notice of which shall be published not
less than five and not more than 15 days prior to the public hearing
date in a newspaper of general circulation in the City and sent by
first class mail to the owners of the property for which special condition
approval is being considered, and to the owners of record of all real
property and to the occupants of all structures located within 300
feet of the boundaries of the property in question. The notice shall:
(d)
Standards for approval.
(1)
The Planning Commission shall review the particular circumstances
and facts applicable to each proposed special condition use in terms
of the following standards and requirements, and shall make a determination
as to whether the use proposed to be developed on the subject parcel
meets the following standards and requirements:
a.
The use will be harmonious with and in accordance with the general
objective of the future land use plan.
b.
The use will be designed, constructed, operated and maintained
in harmony with the existing and intended character of the general
vicinity and so that such use will not change the essential character
of that area.
c.
The use will not be hazardous or detrimental to existing or
future neighboring uses.
d.
The use will represent a general benefit to the community as
a whole.
e.
The use will be served adequately by essential public services
and facilities, such as highways, streets, drainage structures, police
and fire protection and refuse disposal; or persons or agencies responsible
for the establishment of the proposed use shall be able to provide
adequately for such services.
f.
The use will not create excessive additional requirements at
public cost for public facilities and services, and will not be detrimental
to the economic welfare of the community.
g.
The use will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to
any persons, property or the general welfare by reason of excessive
smoke, fumes, glare, noise, vibration or odors.
h.
The use will be consistent with the intent and purposes of this
chapter.
(2)
If the facts regarding the special condition use being reviewed
do not establish by a preponderance of the evidence that the standards
and requirements set forth in this chapter will be met by the proposed
use, the Planning Commission shall not approve the special condition
use application. In recommending approval of a special condition use
permit, the Planning Commission shall impose such reasonable conditions
of use as it deems necessary to protect the best interests of the
City and the general vicinity, to achieve the objectives of this chapter
and to ensure that the general public health, safety and welfare will
not be infringed upon. The Planning Commission may deny, approve,
or approve with conditions a request for special condition use approval.
The decision on a special condition use shall be incorporated in a
statement containing the conclusions relative to the special condition
use under consideration which specifies the basis for the decision
and any conditions recommended.
(3)
The conditional use review and site plan review may occur concurrently
at the discretion of the Planning Commission.
