Baroda City Zoning Code
ARTICLE II
Administration and Enforcement
§ 34-21 Zoning Administrator - Designated; authority to administer chapter provisions.
[Comp. Ords. 1995, § 15.251; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
An administrative official who shall be known as the Zoning Administrator shall be designated by the Village Council to administer and enforce this chapter. He may be provided with the assistance of other such persons as the Village Council may direct.
(b)
If the Zoning Administrator shall find any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
§ 34-22 Same - Duties and limitations.
[Comp. Ords. 1995, § 15.252; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
The Zoning Administrator shall have the authority to grant zoning compliance permits, and to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter. It shall be unlawful for the Zoning Administrator to approve any plans or issue a zoning compliance permit for any excavation or construction or use until he has inspected such plans in detail and found them in compliance with this chapter.
(b)
If the proposed excavation, construction, moving or alteration or use of land as set forth in the application is in conformity with the provisions of this chapter, the Zoning Administrator shall issue a zoning compliance permit. If an application for such permit is not approved, the Zoning Administrator shall state in writing on an appropriate denial form the cause for such disapproval.
(c)
The Zoning Administrator may accept a preliminary application and a lesser number of submitted documents than those listed in this section in situations where basic clarification is desired before proceeding with further technical work; and the Zoning Administrator may, on such preliminary submittal, indicate tentative denial or tentative approval.
(d)
Issuance of a building permit shall in no case be construed as waiving any provision of this chapter. The Zoning Administrator is under no circumstance permitted to grant exceptions to the actual meaning of any clause, order, or regulation contained in this chapter to any person making application to excavate, construct, move, alter or use either buildings, structures or land. The Zoning Administrator is under no circumstance permitted to make changes to this chapter or to vary the terms of this chapter in carrying out his duties.
(e)
The Zoning Administrator shall not refuse to issue a permit when the applicant complies with conditions imposed by this chapter and all other applicable Village, county, and state regulations. Violations of contract, such as covenants or private agreements, which may result upon the granting of said permit are not cause for refusal to issue a permit.
§ 34-23 Zoning compliance.
[Comp. Ords. 1995, § 15.253; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
It shall be unlawful to commence excavation for, or construction of, any building or other structure, including an accessory building, or to commence the moving, alteration or repair of any structure, including accessory buildings, until the Zoning Administrator has issued for such work a zoning compliance permit including a certification of his opinion that plans, specifications and intended use of such structure does in all respects conform to the provisions of this chapter.
(b)
It shall be unlawful to change the type of use of land, or to change the type of use or type of occupancy of any building, or to extend any use on any lot on which there is a nonconforming use, until the Zoning Administrator has determined such change to be in compliance with applicable provisions of this chapter.
(c)
When the Zoning Administrator receives an application for a zoning compliance permit which requires Village Council special land use permit or other approval, he shall so inform the applicant.
§ 34-24 Schedule of fees established by Village Council.
[Comp. Ords. 1995, § 15.311; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
The Village Council shall, by resolution, establish a schedule of fees, charges and expenses and a collection procedure for zoning compliance permits, requests for special land use permits, variances, rezoning applications and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the Zoning Administrator and may be amended only by the Village Council.
(b)
Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
§ 34-25 Reimbursement expenses (escrow fees for zoning review).
[Ord. No. 137, 2-7-2005]
(a)
The stated fees for applications for zoning approvals and site plan review, established by resolution of the Village Council from time to time, are to be considered basic application fees which cover only consideration of the application at regularly scheduled Planning Commission, Zoning Board of Appeals, and/or Village Council meetings and publication and mailing of notice of hearing, as applicable.
(b)
In addition to the basic application fee, applicants for zoning approval or site plan review shall pay the costs of review of applications for variances, special use permits, site plans, rezoning, planned unit developments, subdivisions, site condominiums, and similar requests. Such charges shall be in addition to the basic application fee, in an amount equal to the Village's actual expenses incurred for reviewing the application, including, but not limited to, the cost of:
(1)
Planning commission subcommittee meetings;
(2)
Special meetings;
(3)
Review by Village attorney and preparation of appropriate approving resolutions or ordinances;
(4)
Review by Village planner;
(5)
Review by Village engineer;
(6)
Additional notices of public hearing;
(7)
Traffic studies;
(8)
Environmental impact studies;
(9)
Notice of additional hearings; and
(10)
Similar services and expenses.
(c)
If the Zoning Administrator determines that the application is one for which such costs for review are likely to be incurred, the Zoning Administrator shall require the applicant to pay into escrow, in advance, an amount estimated to be sufficient to cover the expected costs. The amount to be paid into escrow shall be established in increments of at least $500, commencing with an initial deposit of not less than $500. No application shall be processed prior to the required escrow fee having been deposited with the Zoning Administrator. If an applicant objects to the amount of the escrow funds required to be deposited, he may appeal that determination to the Village Council within 30 days after the initial decision by the Zoning Administrator.
(d)
If funds in the escrow account are depleted, the applicant shall make an additional deposit sufficient to cover any deficit and to re-establish a balance of at least $500. The amount of additional deposit sufficient to cover any deficit in the account shall be at least $500, or such greater amount as is determined by the Zoning Administrator to be reasonably necessary in order to cover anticipated remaining or future expenses. No further action shall be taken on an application until the escrow account has been re-established to such appropriate level, as determined by the Zoning Administrator.
(e)
The Zoning Administrator shall maintain accurate records regarding the expenditures made on behalf of each applicant from the escrow account. Such escrow funds (from one or more applicants) shall be kept in a separate bank account or band account category.
(f)
Any excess funds remaining in the escrow account after the application has been fully processed, reviewed and the final decision has been rendered regarding the project will be refunded to the applicant with no interest to be paid on those funds. If the balance of the expenses for the application for any reason exceeds the amount remaining in escrow following final action by the Village, the Village shall send the applicant a statement for such additional fees. Until the applicant pays such fees for the expenses of review, no further building permit or certificate of occupancy or other permit for the project shall be issued, and if such expenses remain unpaid for a period of 14 days, the Village Zoning Administrator or Building Official may issue appropriate stop work orders or take other action to halt work on the project. In addition, the Village may take legal action to collect unpaid fees.
(g)
The application for zoning approval or other approvals covered by this resolution shall indicate that the applicant agrees to pay the Village's expenses for review of the application and other expenses as stated in this section.
§ 34-26 Chapter provisions to be minimum requirements.
[Comp. Ords. 1995, § 15.411; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals and general welfare. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall prevail.
§ 34-27 Complaints regarding violations.
[Comp. Ords. 1995, § 15.412; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Zoning Administrator. He shall record properly such complaint, immediately investigate and take action thereon as provided by this chapter and make answer to the complainant.
§ 34-28 Violations.
[Comp. Ords. 1995, § 15.413; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979; Ord. No. 103, 10-4-1982]
(a)
Violation of the provisions of this chapter or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variances or special land use, shall constitute a misdemeanor.
(b)
The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation, may each be found guilty of a separate offense.
(c)
Nothing herein contained shall prevent the Village from taking such other lawful action as is necessary to prevent or remedy any violation of this chapter.
§ 34-60 Establishment and procedures.
[Comp. Ords. 1995, § 15.281; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979; Ord. No. 148, § II, 5-7-2007]
(a)
There is hereby created a five-member Zoning Board of Appeals, hereinafter referred to as the Zoning Board of Appeals, which shall perform its duties and exercise its powers and jurisdiction according to the provisions of this chapter to the end that the objectives of this chapter are observed, public safety and general welfare secured, and substantial justice done. The Zoning Board of Appeals shall fix rules and regulations to govern its procedures.
(b)
Members of the Zoning Board of Appeals shall be appointed by the President of the Village subject to confirmation by the Village Council. The membership shall serve at the pleasure of the Village Council for three-year terms. The Village Council may appoint two alternate members who shall serve in the absence of any member or serve in the instance that a member must be excused from any matter before the board.
(c)
The Zoning Board of Appeals shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this chapter to govern its procedure sitting as such Board of Appeals. Meetings shall be held at the call of the chairman and at such other times as the Board of Appeals may determine. All meetings shall be open to the public.
(d)
The Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the Village Clerk.
§ 34-61 Powers and duties.
[Comp. Ords. 1995, § 15.282; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
The Zoning Board of Appeals shall have the following powers and duties:
(1)
Appellate jurisdiction. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of this chapter.
a.
Appeals; filing. Appeals to the Board of Appeals concerning interpretation or administration of this chapter may be taken by any person aggrieved or by any officer or bureau of the Village Council affected by any decision of the Zoning Administrator. Such appeals shall be taken within a reasonable time of the aggrieved action by filing with the Zoning Administrator and with the Board of Appeals a notice of appeals specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board of Appeals all papers constituting the record upon which the action appealed from was taken.
b.
Hearings. The Board of Appeals shall fix a reasonable time for a hearing and shall give due notice as required by Public Act No. 110 of 2006 (MCL 125.3101 et seq.).
c.
Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator from whom the appeal is taken certifies to the Board of Appeals after the notice of appeals is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Appeals or by the circuit court on application, on notice to the Zoning Administrator from whom the appeal is taken and on due cause shown.
(2)
Variance applications; procedures. To authorize upon written application in specific cases such variance from the strict interpretation of this chapter as shall not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in practical difficulties or unnecessary hardship to the applicant. A variance from the terms of this chapter shall not be granted by the Board of Appeals unless and until:
a.
Written application for a variance is submitted to the Zoning Administrator demonstrating:
1.
That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district;
2.
That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;
3.
That the special conditions and circumstances do not result from the actions of the applicant;
4.
That granting the variance requested will not confer on the applicant any special privilege denied by this chapter to other lands, structures or buildings in the same district.
b.
No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.
c.
Notice of hearing shall be given in accordance with Act No. 110 of 2006 (MCL 125.3101 et seq.).
d.
The hearing shall be held within 30 days after the application is submitted. Any party may appear in person, by agent or by attorney.
e.
The Board of Appeals shall make findings that the requirements of § 34-61(2)a have been met by the applicant for a variance.
f.
The Board of Appeals shall further make a finding that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance which will make possible reasonable use of the land, building, or structure.
g.
The Board of Appeals shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
h.
In granting any variance, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable under § 34-28.
i.
Under no circumstances shall the Board of Appeals grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.
(3)
Reversing decision of Zoning Administrator.
a.
In exercising the powers mentioned in Subsections (1) and (2) of this section, the Board of Appeals may, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of Zoning Administrator from whom the appeal is taken under appellate jurisdiction.
b.
The concurring vote of two-thirds of the members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation in the application of this chapter.
§ 34-62 Appeals.
[Comp. Ords. 1995, § 15.283; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
Any person or department, board or bureau of the Village aggrieved by any decision of the Board of Appeals may seek review by a court of record of such decision, in the manner prescribed by the laws of the state.
§ 34-63 Duties of Zoning Administrator, Board of Appeals, Village Council and courts on matters of appeal.
[Comp. Ords. 1995, § 15.284; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979; Ord. No. 138, § 15.384, 2-7-2005]
(a)
Any required site plan shall be submitted in triplicate, or original quality, to the Village Clerk along with a covering letter in triplicate signed by the owner of the land and/or prospective developer providing an explanation and background information on the proposed development along with all necessary fees and documents required by this chapter, including, but not limited to, escrow fees established by the Village resolution requiring the reimbursement for all expenses incurred by the Village in connection with zoning approval and side plan review.
(b)
It is further the intent of this chapter that the duties of the Village Council in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this chapter. Under this chapter, the Village Council shall have only the duties of:
(1)
Considering and adopting or rejecting proposed amendments or the repeal of this chapter, as provided by law;
(2)
Establishing a schedule of fees and charges as stated in § 34-24;
(3)
Appointing members of the Board of Appeals and the Zoning Administrator; and
(4)
Considering the approval or rejection of special land use permits.
§ 34-85 Initiation.
[Comp. Ords. 1995, § 15.331; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
Amendments to this chapter may be initiated by the Village Council on its own motion or, in the manner and pursuant to the procedure hereinafter set forth, may be initiated by any person filing an application therefor with the Village Council. The Planning Commission may, at its discretion, also initiate amendments to this chapter and recommend the same to the Village Council for adoption.
§ 34-86 Amendment procedure.
[Comp. Ords. 1995, § 15.332; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979; Ord. No. 148, § I, 5-7-2007]
(a)
Filing of petitions. All petitions for amendments to this chapter shall be in writing, signed and filed in triplicate with the Village Clerk for presentation to the Village Council.
(b)
Required information. All petitions for amendments to this chapter, without limiting the right to file additional material, shall contain the following:
(1)
The petitioner's name, address and interest in the petition as well as the name, address and interest of every person having a legal or equitable interest in the land.
(2)
The nature and effect of the proposed amendment.
(3)
If the proposed amendment would require a change in the Zoning Map, a fully dimensioned map showing the land which would be affected by the proposed amendment, a legal description of such land, the present zoning classification of the land, the zoning classification of all abutting districts, all public and private right-of-way and easements bounding and intersecting the land under consideration shall be prepared.
(4)
If the proposed amendment would require a change in the Zoning Map, the names and addresses of the owners, according to the current tax roll, of all land within 300 feet of the perimeter of the area to be changed by the proposed amendment.
(5)
The alleged error in this chapter which would be corrected by the proposed amendment, with a detailed explanation of such alleged error and detailed reasons why the proposed amendment will correct the same.
(6)
The changed or changing conditions in the area or in the municipality which make the proposed amendment reasonably necessary to the promotion of the public health, safety and general welfare.
(7)
All other circumstances, factors and reasons which the applicant offers in support of the proposed amendment.
(c)
Referral to Planning Commission. The Village Council, upon receipt of the petition to amend, after having it examined and approved as to form and content by the Village Clerk, shall refer the same to the Village Planning Commission for study and report.
(d)
Public hearing notification. The notification of a public hearing shall be made as required by Public Act No. 110 of 2006 (MCL 125.3101 et seq.) The Village Clerk shall publish a notice in a newspaper of general circulation within the Village, according to the following:
(e)
Publication of adopted amendments. The Village Clerk shall take action to publish notice of adoption in a newspaper of general circulation in the Village within 15 days of adoption of an amendment to this chapter by the Village Council.
§ 34-87 Comprehensive review.
[Comp. Ords. 1995, § 15.333; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
The Planning Commission shall, from time to time, at intervals of not more than one year, examine the provisions of this chapter and the locations of district boundary lines and shall submit a written report to the Village Council recommending changes and amendments, if any, which are desirable in the interest of the public health, safety and general welfare.
§ 34-118 Purpose.
[Comp. Ords. 1995, § 15.351; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
Special land uses are those uses of land which are not essentially incompatible with the uses permitted in a zoning district, but possess characteristics or locational qualities which require individual review and restriction in order to avoid incompatibility with the natural environment of the site, the character of the surrounding area, public services and facilities, and adjacent uses of land. The purpose of this division is to establish equitable procedures and criteria which shall be applied in the determination of requests to establish special land uses. The standards for approval and requirements provided for under the provisions of this division shall be in addition to those required elsewhere in this chapter which are applicable to the special land use under consideration.
(b)
This division hereby authorizes the Village Council to issue special land use permits, provided that:
(1)
The proposed use is one listed as a special land use for that district in which said use is proposed to be located; and
(2)
The Village Council ensures before approving a special land use permit request that both:
a.
The standards of the district in which the special land use is to be located are fulfilled; and
b.
The standards or other requirements of this division are fully complied with.
§ 34-119 Application procedures.
[Comp. Ords. 1995, § 15.352; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979; Ord. No. 148, § I, 5-7-2007]
(a)
An application for permission to establish a special land use shall be submitted and acted upon in accordance with the following procedures:
(1)
Applicant. Any person owning or having an interest in the subject property may file an application for one or more special land use permits provided for in this chapter in the zoning district in which the land is situated.
(2)
Application submittal and fee. Applications for special land use permits shall be submitted through the Village Clerk to the Village Council. Each application shall be accompanied by the payment of a fee in accordance with the schedule of fees adopted by the Village Council to cover the costs of processing the application. No part of any fee shall be refundable.
(3)
Required information. Three copies of an application for a special land use permit shall be presented to the Village Clerk and accompanied by the following documents and information:
a.
A special land use permit application form supplied by the Village Clerk which has been completed in full by the applicant.
b.
A site plan in conformance with Division 5 of this article.
c.
A statement and other evidence or proof by the applicant of present and future compliance with the standards required for approval in this section and other standards imposed by this chapter affecting the special land use under consideration.
(4)
Incomplete application. An application which is incomplete or otherwise not in compliance with this chapter shall be returned to the applicant. No application shall be processed until properly prepared and submitted and all required fees paid in full.
(5)
Copy of application to Village. The Village Clerk shall forward a copy of the application for the special land use request to the Village Planning Commission within seven days of receiving the request. The Planning Commission may review the application and make recommendations within 30 days after receipt thereof, to the Village Council for consideration thereby. All comments or recommendations shall be advisory and be submitted in writing to the Village Council.
(6)
Hearing. After a preliminary review of the site plan and an application for a special land use permit, the Village Planning Commission shall hold a public hearing on the site plan and special land use request. Public notice shall be provided pursuant to § 34-86(d) and (e).
(7)
Review and approval. The review of an application and site plan requesting a special land use permit shall be made by the Village Council in accord with the procedures and standards specified in this chapter. If a submitted application and site plan do not meet the requirements of this chapter, they may not be approved. However, if the applicant agrees to make changes to the site plan and application in order to bring them into compliance with the chapter, such changes shall be allowed and shall be either noted on the application or site plan itself, or attached to it, or these documents shall be resubmitted incorporating said changes. A site plan and application for a special land use permit shall be approved if they comply in all respects with the requirements of this chapter and other applicable county, state or federal laws, rules or regulations. Approval and issuance of a special land use permit shall signify prior approval of the application and site plan, therefore including any modification and any conditions imposed where necessary to comply with this chapter. The site plan, as approved, and any statements of conditions and modifications shall become part of the special land use permit and shall be enforceable as such. The decision to approve or deny a request for a special land use permit shall be retained as a part of the record of action on the request and shall incorporate a statement of conclusions which specify; the basis for the decision, any changes to the originally submitted application and site plan necessary to ensure compliance with the chapter, and any conditions imposed with approval. Once a special land use permit is issued, all site development and use of land on the property affected shall be consistent with the approved special land use permit, unless a change conforming to chapter requirements receives the mutual agreement of the landowner and the Village Council and is documented as such.
(8)
Issuance of a special land use permit. Upon approval by the Village Council, the Zoning Administrator shall issue a special land use permit to the applicant. It shall be the responsibility of the Zoning Administrator to monitor compliance with the terms, conditions and restrictions of any special land use permit and take any enforcement action necessary in the event of a violation of the special land use permit.
§ 34-120 Basis of determinations.
[Comp. Ords. 1995, § 15.353; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
Prior to approval of a special land use application and required site plan, the Village Council shall ensure that the standards specified in this section as well as applicable standards established elsewhere in this chapter, shall be satisfied by the completion and operation of the special land use under consideration.
(1)
General standards. The Village Council shall review the particular circumstances of the special land use request under consideration in terms of the following standards, and shall approve a special land use request only upon a finding of compliance with each of the following standards, as well as applicable standards established elsewhere in this chapter:
a.
The special land use shall be designed, constructed, operated and maintained in a manner harmonious with the character of adjacent property and the surrounding area.
b.
The special land use shall not inappropriately change the essential character of the surrounding area.
c.
The special land use shall not interfere with the general enjoyment of adjacent property.
d.
The special land use shall represent an improvement to the use or character of the property under consideration and the surrounding area in general, yet also be in keeping with the natural environment of the site.
e.
The special land use shall not be hazardous to adjacent property, or involve uses, activities, materials or equipment which will be detrimental to the health, safety, or welfare of persons or property through the excessive production of traffic, noise, smoke, odor, fumes or glare.
f.
The special land use shall be adequately served by essential public facilities and services, or it shall be demonstrated that the person responsible for the proposed special land use shall be able to continually provide adequately for the services and facilities deemed essential to the special land use under consideration.
g.
The special land use shall not place demands on public services and facilities in excess of current capacity.
h.
The special land use shall be consistent with the intent and purpose of this chapter, and the objectives of any currently adopted Village development plan.
(2)
Conditions.
a.
The Village Council may impose conditions with the approval of a special land use application and site plan which are necessary to ensure compliance with the standards for approval stated in this section and any other applicable standards contained in this or other applicable Village ordinances and regulations. Such conditions shall be considered an integral part of the special land use permit and approved site plan and shall be enforced by the Zoning Administrator.
b.
The conditions may include conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner.
(3)
Performance guarantee. In authorizing a special land use permit, the Village Council may require that a cash deposit, certified check, or irrevocable bank letter of credit be furnished by the developer to ensure compliance with an approved site plan and the special land use permit requirements. Such guarantee shall be deposited with the Village Clerk at the time of the issuance of the special land use permit. In fixing the amount of such performance guarantee, the Village Council shall limit it to reasonable improvements required to meet the standards of this chapter and to protect the natural resources or the health, safety and welfare of the residents of the Village and future users or inhabitants of the proposed project or project area including, but not limited to, roadways, lighting, utilities, sidewalks, screening and drainage. The term "improvements" does not include the entire project which is the subject of zoning approval nor to improvements for which a performance guarantee has been deposited pursuant to Public Act No. 288 of 1967 (MCL 560.101 et seq.). The Village Council and the project developer shall establish an agreeable procedure for the rebate of any cash deposits required under this section, in reasonable proportion to the ratio of the work completed on the required improvements as work progresses. Said agreement shall be written as an element of the conditions surrounding the approval of the special land use permit.
§ 34-121 Effective date.
[Comp. Ords. 1995, § 15.354; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
The special land use permit shall become effective when the application has been approved by the Village Council.
(1)
A building permit shall not be issued until approval of such special land use permit by the Village Council.
(2)
Until a building permit has been granted pursuant to the special land use permit, there shall be no construction or excavation of said land, nor shall use of the land be made toward the intended purposes of such special land use permit.
(3)
Land subject to a special land use permit may not be used or occupied for purposes of such special land use until after a certificate of occupancy for same has been issued pursuant to the provisions of this chapter.
§ 34-122 Permit validity.
[Comp. Ords. 1995, § 15.355; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
Approval of a special land use permit shall be valid regardless of change of ownership, provided that all terms and conditions of the permit are met by any subsequent owner.
(b)
In instances where development authorized by a special land use permit has not commenced within one year from the date of issuance or the last date of review authorized by this subsection, the Village Council shall review the permit in relation to the applicable standards and requirements of this chapter. Upon a finding that there has been a change in conditions on the property or the surrounding area or in provisions of this chapter applicable to the special land use permit under review, such that the permit is no longer in conformance with the requirements of this chapter, the permit shall become null and void. Where it is determined that such permits are in conformance with the provisions of this chapter and there has not been a change in conditions affecting the validity of the permit, the special land use permit shall remain valid, subject to periodic review in accord with the provisions of this subsection.
§ 34-123 Requirement for compliance.
[Comp. Ords. 1995, § 15.356; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
It shall be the duty and obligation of the owner and occupant or operator of land and uses subject to a special land use permit and approved site plan therefor, that the continued use of such land shall at all times be in compliance with the use requirements of this chapter. Failure thereof shall be violation of this chapter and the continuance thereof is declared to be a nuisance per se.
§ 34-124 Once granted a special land use permit, the use is a permitted use.
[Comp. Ords. 1995, § 15.357; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
Any use for which a special land use permit has been granted shall be deemed a conforming use permitted in the district in which such use is located provided:
(1)
Such permit was issued in conformity with the provisions of this chapter;
(2)
Such permit shall be deemed to affect only the lot or portion thereof and uses thereupon for which the special land use permit shall have been explicitly granted; and
(3)
Such permit authorizes a use which is subsequently built, operated and maintained in compliance with the chapter, the special land use permit, and all conditions established with its approval.
§ 34-125 Specific requirements.
[Comp. Ords. 1995, § 15.358; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
The foregoing general requirements are basic and apply to all special land uses. Specific requirements listed in Division 2 of Article III of this chapter relating to particular special land use are in addition to, and shall be required, in all applicable situations.
§ 34-149 Intent.
[Comp. Ords. 1995, § 15.381; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
The intent of requiring site plan submittal and review in certain instances specified herein is to facilitate determination of whether certain development proposals meet all applicable requirements and are in harmony with the purpose, intent and spirit of this chapter.
(b)
It is further the intent to assist Village officials in encouraging and assisting proposers of land development to design and implement land use proposals which foster orderly, efficient, compatible and aesthetic uses of land in the Village.
§ 34-150 When required.
[Comp. Ords. 1995, § 15.382; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
A site plan shall be prepared and submitted in accordance with §§ 34-151 and 34-152 with any application for a special land use permit or variance not involving a single-family, two-family or agricultural permitted principal use; with any application for rezoning, other than rezoning for the sole purpose of constructing a single-family, two-family, or agricultural permitted principal use; with any application for a zoning compliance permit or building permit, other than for the sole purpose of constructing a single-family, two-family or agricultural permitted principal use or accessory use thereto.
§ 34-151 Contents.
[Comp. Ords. 1995, § 15.383; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
A required site plan shall be drawn at a scale of one inch equals 100 feet and shall contain the following information:
(1)
The boundary lines of the area included in the site plan, including angles, dimensions and reference to a section corner, quarter corner or point on a recorded plat, an arrow pointing north, and the individual lot areas and dimensions of the land included in the site plan.
(2)
Existing and proposed topography, drainage systems, and structures, with topographic contour intervals of not more than two feet.
(3)
The shape, size and location of all structures on the lot including yard dimensions, height, floor area and ground coverage ratios and the finished ground and basement floor grades.
(4)
Natural features such as woodlots, trees of more than one foot in diameter, streams and lakes or ponds, and manmade features such as existing roads and structures, with indication as to which features are to be retained and which removed or altered. Adjacent properties and their uses shall be identified.
(5)
Proposed streets, driveways, parking spaces, curb cuts, loading spaces and sidewalks, with indication of direction of travel of one-way streets and drives and the inside radius of all curves. The width of streets, driveways and sidewalks, and the total number of layout of parking spaces shall be shown.
(6)
The size and location of all existing and proposed public and private utilities and required landscaping.
(7)
A vicinity sketch showing location of the site in relation to the surrounding street system.
(8)
A legal description of the land and lots included in the site plan.
(9)
Any other information necessary to establish compliance with this chapter and any other ordinances and the availability of adequate utility capacity.
(10)
The name, signature, title and mailing address of the person who prepared the site plan. A site plan for any development of five acres or more in land area shall be prepared by a registered architect, engineer, professional community planner or land surveyor. A site plan for a development of less than five acres may, at the discretion of the Zoning Administrator, be prepared by a qualified person who is not a registered architect, engineer, professional community planner or land surveyor.
§ 34-152 Review process and approval.
[Comp. Ords. 1995, § 15.384; Ord. No. 91, 12-5-1977; Ord. No. 95, 5-7-1979; Ord. No. 138, § 15.384, 2-7-2005]
(a)
Any required site plan shall be submitted in triplicate, or original quality, to the Village Clerk along with a covering letter in triplicate signed by the owner of the land and/or prospective developer providing an explanation and background information on the proposed development along with all necessary fees and documents required by this chapter, including but not limited to, escrow fees established by the Village resolution requiring the reimbursement for all expenses incurred by the Village in connection with zoning approval and side plan review.
(b)
If the proposed development does not require the issuance of a special land use permit or a rezoning of land by the Village Council or variance by the Board of Appeals, within 30 days after receipt the Planning Commission shall notify in writing the proposer of the development of the approval or disapproval of the site plan. If the site plan is disapproved, the reasons therefor shall be given. Such disapproval shall be limited to inadequacy or defect in form or content and/or noncompliance with identified applicable provisions of this chapter.
(c)
If the proposed development requires the issuance of a special land use permit, the Planning Commission shall transmit its findings to the Village Council along with one copy of the site plan and covering letter. The Village Council shall follow the special land use procedure as provided in Division 4 of this article. The proposer of the development shall be notified of the status of his requested site plan approval.
(d)
If the proposed development requires a rezoning of land, the Planning Commission shall transmit its findings to the Village Council along with one copy of the site plan and covering letter. The Village Council shall follow the amendment procedure as provided in Division 3 of this article. The proposer of the development shall be notified of the status of his requested site plan approval.
(e)
If the proposed development requires the issuance of a variance, the Planning Commission shall transmit its findings to the Board of Appeals along with one copy of the site plan and covering letter. The Board of Appeals shall follow the variance procedure as provided in § 34-61(2). The proposer of the development shall be notified of the status of his requested site plan approval.
(f)
The decision rejecting, approving, or conditionally approving a site plan shall be based upon the requirements contained in § 34-151.
(g)
A site plan shall be approved if it contains the information required by this chapter and is in compliance with this chapter and the conditions imposed thereunder, other applicable ordinances, and state and federal statutes.
(h)
The site plan as approved shall become part of the record of approval, and subsequent actions relating to the activity authorized shall be consistent with the approved site plan, unless a change conforming to this chapter receives the mutual agreement of the landowner and approving body.