The purposes of development plan review are to determine compliance with this ordinance, to promote the orderly development of the city, the stability of land values and investments and the general welfare, and to help prevent the impairment or depreciation of land values and development by the erection of structures or additions thereto without proper attention to siting and appearance. It is further the intent of this article to require the gradual upgrade of existing sites that do not conform with current standards of this ordinance and ensure that the arrangement, location, design and materials within a site are consistent with the character of the city and the goals and design guidelines in the comprehensive plan.

Prior to the erection of any building or structure in any zoning district for any principal permitted use in the city, any land use requiring conditional use approval or any open space community, other than single-family detached residences and accessory buildings, structures and uses thereto, the development plan review procedures set forth in this section shall be followed unless otherwise provided for in section 19.15, administrative review, below.

The planning director may approve a development plan or sketch plan for the following uses, provided the development plan or sketch meets the application submittal requirements of sections 19.20, sketch plan review, and 19.30, application requirements, below, and complies with all other requirements standards of this ordinance:

A.

An increase in floor area of building up to 1,000 square feet or five percent of existing floor area, whichever is less, with no required increase in parking area (only if the total of expansions within the last five years, as determined by the administrator, do not exceed this amount);

B.

A new use that is a principal permitted use in a given zoning district and requires no significant changes to the building footprint, facade, parking, landscaping, lighting, signs, or vehicular access;

C.

An expansion, replacing or alteration of landscaping areas consistent with the requirements of this ordinance;

D.

Improvements or installation of walls, fences, lighting or curbing consistent with the requirements of this ordinance;

E.

Alterations to the off-street parking layout or installation of pavement or curbing improvements; provided the total number of spaces shall remain constant, and the construction plans and lot construction are approved by the city;

F.

Relocation of a waste receptacle to a more inconspicuous location, or the installation of screening, both consistent with the requirements of this ordinance;

G.

Changes to a facade, architectural features or wall signs; provided such changes are consistent with the requirements of this ordinance and do not significantly and materially change the appearance of the building. (An elevation plan showing changes and construction materials is required);

H.

A change from a nonconforming use, building or site to a more conforming situation consistent with the requirements of this ordinance;

I.

Modifications to upgrade a building to improve barrier-free design, comply with Americans with Disabilities Act or other federal, state or county regulations;

J.

Internal construction or change in the floor plan for a conforming use that does not increase gross floor area; provided the construction cost over a 12 month period does not exceed 50 percent of the building's state equalized value or affect parking requirements on a site;

K.

Repairing, resurfacing, restriping or curbing of parking lots; [and]

L.

Construction or erection of signs, retaining walls, fences, waste receptacles, sidewalks, antennae, lights, poles, cooling/heating or other mechanical equipment, telephone booths, newspaper boxes, landscaping or similar structures which conform to the requirements of this ordinance or other city standards, and where development plan review is not specifically required under other sections of this ordinance.

The planning director may require that any of the above mentioned uses shall require formal development plan approval by the planning commission as described within this section.

A.

Intent. The intent of this section is to permit submittal of a sketch plan in certain specific instances where a complete development plan is not considered essential to ensure compliance with the intent and standards of this ordinance.

B.

Procedure. The process for administrative approval stated in subparagraph (C), below, shall involve submittal of a sketch plan and required application form and fee to the planning director. The administrator shall review the sketch plan in accordance with the same procedure, requirements, and standards used by the planning commission for a formal development plan. The administrator shall make a report of administrative reviews to the planning commission.

The sketch plan shall meet the requirements for a preliminary development plan as specified in subparagraph (C), below. The administrator retains the option to require additional information or a complete development plan for review by the planning commission, particularly for sites which do not comply with previously approved development plans, sites with parking deficiencies, sites abutting residential districts or sites experiencing problems with drainage, traffic, noise, aesthetics or other general health and safety issues. If a formal development plan is required, the administrator shall inform the applicant to submit a set of plans in accordance with this article.

C.

Application requirements. The sketch plan for administrative approval shall contain the following information found under section 19.30, application requirements, below, unless the planning director determines that some of the required information is not reasonably necessary. However, the information requested in subparagraphs (A), (B), (E), (F) (1 through 5), (I), (L), and (N), shall be contained in all sketch plan applications.

D.

Eligibility. A sketch plan, rather than a complete development plan package, may be submitted for minor modifications to a legally existing and conforming use and building which is permitted in the zoning district (i.e., conditional uses are not eligible) including alterations to a building or site that do not result in expansion or substantially affect the character or intensity of the use, vehicular or pedestrian circulation, drainage patterns, the demand for public infrastructure or services, significant environmental impacts or increased potential for hazards.

E.

Planning commission review. The sketch plan may be referred to the planning commission for review when deemed necessary by the planning director.

Eighteen copies of the development plan, at a scale of not less than one inch equals 100 feet, including all items required therewith, shall be submitted to the planning director not less than 30 days prior to the next regular or special planning commission meeting in order to be placed on the agenda for that particular meeting. The commission may prepare forms and require the use of such forms in development plan preparation.

The following information shall accompany all plans submitted for formal development plan review, unless the planning director determines that some of the required information is not reasonably necessary:

A.

A completed application form, supplied by the city, and an application fee. A separate escrow deposit may be required for administrative charges to review the development plan submittal;

B.

Current proof of ownership of the land to be utilized or evidence of a contractual ability to acquire such land, such as an option or purchase agreement, and a title search or other evidence of any applicable easements or deed restrictions;

C.

A narrative indicating the period of time within which the project will be completed;

D.

Sheet size of submitted drawings shall be at least 24 inches by 36 inches, with graphics at an engineers scale of at least one inch equals 20 feet for sites of 20 acres or less. The remaining 15 sets may be 11 inches by 17 inches, at an appropriate and correct scale;

E.

A cover sheet providing:

1.

The applicant's name;

2.

The name of the development;

3.

The preparer's name and the professional seal of architect, engineer, surveyor or landscape architect indicating license in the State of Michigan, when necessary;

4.

The date of preparation and any revisions;

5.

A north arrow;

6.

Property lines and dimensions;

7.

A complete and current legal description and size of property in acres and square feet, and complete tax I.D. number; [and]

8.

A small location sketch of sufficient size and scale (within one-half mile is suggested) showing the location of the area in relation to surrounding properties, streets, freeways, schools, school sites and other significant features of the city, where appropriate;

F.

Plan sheet(s) indicating:

1.

The zoning and current land use of the applicant's property and all abutting properties and of properties across any public or private street from the site;

2.

Lot lines and all structures on the property and within 100 feet of the site's property lines;

3.

The location of any access points on both sides of the street within 100 feet of the site along streets where access to the site is proposed;

4.

Existing buildings and any public or private easements, noting those which will remain and which are to be removed;

5.

The layout and typical dimensions of the proposed lots, building footprints and dimensions of proposed buildings and structures, the uses contained therein, the number of stories, gross building areas, distances between structures and lot lines, and setback lines, with the acreage or area in square feet allotted to each use. For residential developments, the number, type, and density of proposed housing units shall be included; if a multiple-phase development is proposed, identification of the areas included in each phase shall be included;

6.

Elevations showing height, materials and colors for all proposed structures, including any residential units, shall be provided and considered part of the approved development plan. The building elevations must show all rooftop mechanical units along with the proposed method of screening;

7.

Setbacks, typical floor plans and a sketch of any ground-mounted equipment to scale along with required screening;

8.

Existing and proposed locations of utility services (with sizes and materials as specified in the city's municipal standards), including storm drainage, retention or detention ponds, fire hydrants, and any public or private easements; notes shall be provided clearly indicating which existing services will remain and which will be removed;

9.

Locations of significant natural, historical, and architectural features, including landmark trees, that will be designated "to remain" and protected by a fence or a barrier installed prior to site preparation, and/or as "areas not to be disturbed" and secured through installation of a snow fence, other fencing, or police line during development of the site, and including acreage of designated areas;

10.

Locations of any wetlands regulated by the Michigan Department of Environmental Quality, submission of a wetland delineation by a qualified wetland consultant, and indication of the status of application for a wetland permit from the Michigan Department of Environmental Quality or copy of a permit received including description of any wetland mitigation required; and location of other significant nonregulated wetland areas over two contiguous acres;

11.

Location and method of screening for all waste receptacles meeting the requirements of this ordinance;

12.

Location and dimensions of parking lots and spaces, and loading/unloading areas, and calculations to meet the requirements of this ordinance;

13.

Details of exterior lighting meeting the requirements of this ordinance including locations, height, and method of shielding;

14.

A photometric grid overlaid on the proposed development plan indicating the overall light intensity throughout the site (in footcandles);

15.

Locations of all signs including:

a.

Location, type, height and method of lighting for identification signs; [and]

b.

Location and type of any directional or regulatory/traffic control signs, with details for any sign not conforming to the Michigan Manual of Uniform Traffic Control Devices;

16.

Details of site circulation and access design and which meet the city's municipal standards, including:

a.

Dimensions of existing and proposed right-of-way lines, including those abutting the site, and names of abutting public streets;

b.

Indication of street, parking lot, and other surfaced areas pavement widths, pavement type, and curbing meeting the requirements of this ordinance, and the city's municipal standards;

c.

Street horizontal and vertical dimensions, including curve radii;

d.

Locations and dimensions of access points, including deceleration or passing lanes, distance from adjacent driveways or intersection streets, including those across a street;

e.

Parking areas, including the general layout and design of parking lot spaces; [and]

f.

The location of existing sidewalks and the location and dimensions for proposed sidewalks;

G.

A landscape plan meeting the requirements of this ordinance, indicating proposed plant locations with common plant name, number, and size in caliper at installation. Berms, retaining walls, screening walls, screening landscaping, or fences shall be shown with elevations from the surrounding average grade;

H.

A site grading plan for all developments where grading will occur, with existing and proposed topography at a minimum of two-foot-contour levels and with topography extending a minimum of 50 feet beyond the site in all directions and a general description of grades within 100 feet, and further, where required, to indicate stormwater runoff into an approved drain or detention/retention pond;

I.

A general description and location of stormwater management system shall be shown on the grading plan, including pre- and post-site development runoff calculations used for determination of stormwater management, and location and design (slope) of any retention/detention ponds. All plans must comply with the Charlevoix County Stormwater Ordinance. Stormwater outfall structures or basins constructed in a wetland regulated by the Michigan Department of Environmental Quality may require a wetland permit from the department; and, if constructed below the ordinary high-water mark of an inland lake or stream, will require a permit under the Inland Lakes and Streams Act, PA 346 of 1972, as amended. Status of permit application to the department or copy of permit with attached conditions shall be provided as applicable;

J.

Written verification of access easements or agreements, if applicable;

K.

A note of each plan sheet stating "Not to be used as construction drawings";

L.

Any additional graphics or written materials requested by the planning director or planning commission to assist the city in determining the compliance with the final development plan standards, such as aerial photography, photographs, conceptual as-built renderings, traffic impacts using trip generation rates recognized by the Institute of Transportation Engineers (ITE) for an average day and peak hour of the affected roadways, and impact on significant natural features and drainage;

M.

The following information shall be submitted as a part of an application for permission to commence any type of development within the flood hazard district (FHD):

1.

The elevation in relation to mean sea level of the floor, including basement, of all structures according to International Great Lakes Datum (I.G.L.D.);

2.

A description of the extent to which any watercourse will be altered or relocated as a result of proposed development;

3.

Proof of development permission from appropriate local, state, and federal agencies as required by this ordinance, including a floodplain permit, approval, or letter of no authority from the Michigan Department of Environmental Quality under authority of Act 245 of the Public Acts of 1929, as amended by Act 167 of the Public Acts of 1968, the Flood Plain Regulatory authority;

4.

Base flood elevation data where the proposed development is subject to Act 288 of the Public Acts of 1967, the Land Division Act, as amended, or greater than five acres in size; [and]

5.

Additional information which may be reasonably necessary to determine compliance with the provisions of this ordinance;

N.

Such other information as may be required by the city to assist in the consideration of the proposed development, including but not limited to an analysis of the planning implications of the proposed development including the methodology of how the planning implications were determined. The analysis shall be carried out by qualified individuals and shall include, but need not be limited to:

1.

Estimated population holding capacity of any residential land uses to be included in the proposed development and general impact on community facilities such as primary and secondary schools and parks; [and]

2.

A traffic analysis which relates the trip generation of the proposed development to existing and projected traffic capacities, volumes and patterns on surrounding streets.

The development plan approval process includes an optional review of a preliminary development plan by the planning commission. This process is at the option of the planning commission for: development plans affecting over three acres; sites containing floodplains or within the flood hazard zone; sites containing or potentially containing designated/regulated wetlands by the Michigan Department of Environmental Quality; and/or conditional uses and complex commercial development sites.

The review of a preliminary development plan allows the planning commission, planning director, other boards, commissions, staff and consultants to review and comment on the project's compliance with the standards of this ordinance prior to the preparation of all the required final development plan review materials.

A.

The application for preliminary development plan review shall be the same as those contained within this article for formal development plan review.

B.

The planning commission, planning director and consultants shall review the preliminary development plan and provide comments on its compliance with the development plan approval standards and other sections of this ordinance. The preliminary development plan may also be reviewed by other city boards and commissions.

C.

Any applicants for development plan review may elect to submit a final development plan in accordance with the requirements and procedures of this section.

D.

A conceptual review may be conducted by the downtown development authority (DDA) for all proposed projects within the boundaries of the DDA that require development plan approval before any such projects are forwarded to the planning commission for formal development plan review. Copies of a conceptual as-built rendering of the proposed project, as may be required under this article, herein, shall be forwarded to the DDA by the planning director upon receipt of an application requiring development plan review within the boundaries of the DDA.

The DDA shall be responsible for placing a conceptual review of such projects on the agenda for their next regular meeting if such meeting will occur before the next regular meeting of the planning commission. If the next regular meeting of the DDA will occur after the next regular meeting of the planning commission, the DDA shall be responsible for review of any projects prior to planning commission approval. The DDA may make recommendations regarding a project to the planning commission after conceptually reviewing such project. For all projects in the planned industrial district, the Boyne City EDC shall review the proposed development plan and shall submit a written recommendation.

In order that buildings, open space and landscaping will be in harmony with other structures and improvements in the area, and to ensure that no undesirable health, safety, noise and traffic conditions will result from the development, the planning commission shall determine whether or not the development plan meets the following criteria, unless the planning commission determines that one or more of such criteria are inapplicable:

A.

General[ly]. All elements of the development plan shall be designed to take into account the site's topography, the size and type of plot, the character of adjoining property, and the traffic operations of adjacent streets. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this ordinance. The development plan shall conform with all requirements of this ordinance, including those of the applicable zoning district(s).

B.

Building design. The building design shall relate to the surrounding environment in regard to texture, scale, mass, proportion, and color. High standards of construction and quality materials will be incorporated into the new development. In addition to following design guidelines adopted in specific district or sub-area plans, the building design shall meet the architectural and building material requirements of this ordinance.

C.

Preservation of significant natural features. Judicious effort shall be used to preserve the integrity of the land, existing topography, and natural, historical, and architectural features as defined in the ordinance from which this section was derived, in particular wetlands designated/regulated by the Michigan Department of Environmental Quality, and, to a lesser extent, wetlands which are not regulated by the department. Parcels along the city's lakefront shall be developed as to minimize disruption of visual access to the lakefront from adjacent roadways and to maintain view sheds of the lakefront.

D.

Streets. All streets shall be developed in accordance with the City of Boyne City Subdivision Control Ordinance and city municipal standards, unless developed as a private road in accordance with the requirements of the city.

E.

Access, driveways and circulation. Safe, convenient, uncongested, and well-defined vehicular and pedestrian circulation within and to the site shall be provided. Drives, streets, parking and other elements shall be designed to discourage through traffic, while promoting safe and efficient traffic operations within the site and at its access points. All driveways shall meet the design and construction standards of the city. Access to the site shall be designed to minimize conflicts with traffic on adjacent streets, particularly left turns into and from the site. For uses having frontage and/or access on a major traffic route, as defined in the City of Boyne City Comprehensive Plan, the number, design, and location of access driveways and other provisions for vehicular circulation shall comply with the access management provisions of this ordinance.

F.

Emergency vehicle access. All buildings or groups of buildings shall be arranged so as to permit necessary emergency vehicle access as required by the fire department, ambulance department and police department.

G.

Sidewalks, pedestrian and bicycle circulation. The arrangement of public or common ways for vehicular and pedestrian circulation shall be connected to existing or planned streets and sidewalks/pedestrian or bicycle pathways in the area. There shall be provided a pedestrian circulation system which is separated from the vehicular circulation system. In order to ensure public safety, special pedestrian measures, such as crosswalks, crossing signals and other such facilities may be required in the vicinity of primary and secondary schools, playgrounds, local shopping areas, fast food/service restaurants and other uses which generate a considerable amount of pedestrian or bicycle traffic.

H.

Barrier-free access. The site has been designed to provide barrier-free parking and pedestrian circulation.

I.

Parking. The number and dimensions of off-street parking [spaces] shall be sufficient to meet the minimum required by this ordinance. However, where warranted by overlapping or shared parking arrangements, the planning commission may reduce the required number of parking spaces, as provided in this ordinance.

J.

Loading. All loading and unloading areas and outside storage areas, including refuse storage stations, shall be screened in accordance with this ordinance.

K.

Landscaping, screening, and open space. The landscape shall be preserved in its natural state, insofar as practical, by removing only those areas of vegetation or making those alterations to the topography which are reasonably necessary to develop the site in accordance with the requirements of this ordinance. Landscaping shall be preserved and/or provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property. Landscaping, landscape buffers, greenbelts, fencing, walls and other protective barriers shall be provided and designed in accordance with the landscaping provisions of this ordinance. Recreation and open space areas shall be provided in all multiple-family residential and educational developments.

L.

Soil erosion control. The site shall have adequate lateral support so as to ensure that there will be no erosion of soil or other material. The final determination as to adequacy of, or need for, lateral support shall be made by the planning director or city engineer, and have a valid Charlevoix County Soil Erosion permit.

M.

Utilities. Public water and sewer facilities shall be available or shall be provided for by the developer as part of the site development, where such systems are available.

N.

Stormwater management. Appropriate measures shall be taken to ensure that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Provisions shall be made to accommodate stormwater which complements the natural drainage patterns and wetlands, prevent erosion and the formation of dust. Sharing of stormwater facilities with adjacent properties shall be encouraged. The use of detention/retention ponds may be required. Surface water on all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic or create standing water. All such measures shall comply with the Charlevoix County Stormwater Ordinance.

O.

Lighting. Exterior lighting shall be arranged so that it is directed preferably downward onto the subject site and deflected away from adjacent properties. Lighting shall not impede the vision of traffic along adjacent streets. Flashing or intermittent lights shall not be permitted.

P.

Noise. The site has been designed, buildings so arranged, and activities/equipment programmed to minimize the emission of noise, particularly for sites adjacent to residential districts.

Q.

Mechanical equipment. Mechanical equipment, both roof and ground mounted, shall be screened in accordance with the requirements of this ordinance.

R.

Signs. The standards of the City of Boyne City's Sign Ordinance are met.

S.

Hazardous materials or waste. For businesses utilizing, storing or handling hazardous material such as automobile service and automobile repair stations, dry cleaning plants, metal plating industries, and other industrial uses, documentation of compliance with state and federal requirements shall be provided.

T.

Other agency reviews. The applicant has provided documentation of compliance with other appropriate agency review standards, including, but not limited to, the Michigan Department of Natural Resources, Michigan Department of Environmental Quality, Michigan Department of Transportation, Charlevoix County Drain Commissioner, Northwest Michigan Community Health Agency, Charlevoix County Building Department, and other federal and state agencies, as applicable.

U.

Approval process. The development plan shall be reviewed by the planning commission. If disapproval is recommended, the planning commission shall cite reasons for such disapproval. If the planning commission finds a development plan not in conformity with this section, it may, at its discretion, return the development plan to the applicant with a written statement of the modifications necessary to obtain approval. Upon resubmission of the modified development plan, the planning commission shall review the plan. The commission may approve, disapprove or approve subject to compliance with such modifications and conditions as may be deemed necessary to carry out the purpose of this ordinance and other ordinances and resolutions of the city. If disapproved, the planning commission shall cite reasons for such disapproval.

(Ord. of 12-16-2008, § 2)

The planning commission may grant approval for development plans with multiple phases only as a final development plan meeting the submission requirements of this section. Any future phases identified on a development plan must be reviewed again by the planning commission in the form of a final development plan submission. The commission may require that the conceptual layout for outlots be shown on development plans to ensure proper development of the overall site. When a future phase of development is identified on a development plan, however, the planning commission is not bound by any aspect of that portion of the plan. In addition, any phase of a development plan where construction has not commenced within one year from the date of approval must return to the planning commission for development plan approval.

A.

As part of an approval to any development plan, the planning commission may impose any additional conditions or limitations as in its judgment may be necessary to ensure that public services and facilities can accommodate the proposed development plan and its activities, to protect significant natural features and the environment, and to ensure compatibility with adjacent land uses. Such conditions shall be considered necessary by the planning commission to ensure compliance with the review standards of this section, and necessary to meet the intent and purpose of this ordinance.

B.

Approval of a development plan, including conditions made as part of the approval, is attached to the property described as part of the application and not to the owner of such property.

C.

A record of conditions imposed shall be recorded on the development plan and maintained. The conditions shall remain unchanged unless an amendment to the development plan is approved.

D.

A record of the decision of the planning commission, the reason for the decision reached and any conditions attached to such decision shall be kept and made a part of the minutes of the planning commission.

E.

The planning director may require that the applicant revise and resubmit a development plan in compliance with the conditions imposed by the planning commission. The administrator shall require that the applicant revise and resubmit a development plan in compliance with the conditions imposed by the planning commission. The administrator shall have authority to approve the final development plan.

Following approval of the development plan by the planning commission, the planning director shall issue a zoning permit upon submission of a revised development plan, if required, and if the applicant has met all conditions of approval imposed by the planning commission. For any approved development plan, a zoning permit must be obtained within six months of the development plan approval date, or the development plan shall be deemed null and void without any further action by the city.

Upon written application, filed prior to the termination of the six-month period, the planning commission may authorize a single extension of the time limit for approval of a final development plan for a further period of not more than one year. Such extension shall only be granted based on evidence from the applicant that the development has a likelihood of commencing construction within the extension period, the length of which shall be determined by the planning commission but which shall not exceed one year.

(Ord. of 6-24-2008)

The zoning permit may be revoked by the zoning administrator or planning director if the conditions of the development plan as approved by the planning commission have not been complied with.

The development plan, if approved, shall become part of the record of approval, and subsequent actions relating to the activity authorized shall be consistent with the approved development plan unless a change or addition conforming to this ordinance receives the mutual agreement of the landowner and the planning commission. Incidental and minor variations of the approved development plan, with written approval of the administrator, shall not invalidate prior development plan approval. Amendments to the approved final development plan may occur only under the following circumstances:

A.

An applicant or property owner who has been granted final development plan approval shall notify the planning director of any proposed amendment to such approved development plan;

B.

Minor changes may be approved by the administrator upon certification in writing to the planning commission that the proposed revision does not alter the basic design, compliance with the standards of this ordinance, nor any specified conditions of the plan as agreed upon by the planning commission. In considering such a determination, the administrator shall consider the following to be a minor change:

1.

For residential buildings, the size of structures may be reduced, or increased by up to five percent, provided that the overall density of units does not increase;

2.

Square footage of nonresidential buildings may be decreased, or increased by up to five percent or 1,000 square feet, whichever is smaller;

3.

Horizontal and/or vertical elevations may be altered by up to five percent;

4.

Movement of a building or buildings by no more than ten feet;

5.

Designated "areas not to be disturbed" may be increased;

6.

Plantings approved in the final development plan landscape plan may be replaced by similar types and sizes of landscaping which provides a similar screening effect on a one-to-one or greater basis, provided they comply with the landscaping standards of this ordinance, with approval of the planning director;

7.

Improvements to site access or circulation, such as inclusion of deceleration lanes, boulevards, curbing, pedestrian/bicycle paths, etc., which conform to the requirements of this ordinance;

8.

Changes of building materials to another of higher quality, as determined by the planning director;

9.

Changes in floor plans which do not alter the character of the use;

10.

Slight modification of sign placement or reduction of size;

11.

Relocation of sidewalks and/or waste receptacles;

12.

Internal rearrangement of parking lot which does not affect the number of parking spaces or alter access locations or design; [and]

13.

Changes required or requested by the city for safety reasons shall be considered a minor change;

C.

Should the planning director determine that the requested modification to the approved final development plan is not minor, the planning commission shall be notified in writing that the development plan has been suspended, and, if construction has initiated, a stop work order shall be issued for the section of the project deemed not to be in compliance. Thereafter, the applicant may revise the development plan and submit to the administrator for resubmission to the planning commission;

D.

Should the planning commission determine that the modifications to the final development plan significantly alter the intent of the preliminary development plan, a new submittal shall be required; [and]

E.

Any deviation from the approved final development plan, except as authorized in this section, shall be considered a violation of this ordinance and treated as a such.

In instances where specific requirements of this ordinance are not satisfied on the development plan, a request for a variance to such specific requirement(s) may be initiated by the petitioner to the zoning board of appeals, subject to planning commission recommendation on the proposed variance and prior to formal development plan approval. An appeal of a commission decision concerning a development plan shall be made to the Circuit Court of Charlevoix County.

It shall be the responsibility of the owner of the property for which development plan approval has been granted to maintain the property in accordance with the approved site design on a continuing basis until the property is razed, or until new zoning regulations supersede the regulations upon which development plan approval was based, or until a new development plan is approved. This maintenance requirement includes healthy landscaping, walls, fences, pavement, pavement markings, signs, building exterior, drainage facilities and all other elements of a site. Any property owner who fails to so maintain an approved site design shall be deemed in violation of the use provisions of this ordinance and shall be subject to the same penalties appropriate for a use violation. With respect to condominium projects, the master deed shall contain provisions describing the responsibilities of the condominium association, condominium owners, and public entities, with regard to maintenance of the property in accordance with the approved development plan on a continuing basis. The master deed shall further establish the means of permanent financing for required maintenance and improvement activities which are the responsibility of the condominium association. Failure to maintain an approved development plan shall be deemed in violation of the use provisions of this ordinance and shall be subject to the same penalties appropriate for a use violation.

A.

The planning commission may require a performance bond from the applicant to insure the completion of improvements considered necessary by the city to protect natural resources, or the health, safety and welfare of the residents of the city. The performance bond is exclusive to those site improvements as defined by the Michigan Zoning Enabling Act and as shown on an approved development plan.

B.

The performance bond shall be in an amount determined by the planning commission or the zoning administrator to be sufficient to accomplish the purposes stated above.

C.

The city may require a cash deposit, certified check, irrevocable bank letter of credit, or surety bond which shall be deposited with the city clerk prior to the zoning permit being issued.

D.

The performance bond shall be proportionally rebated based upon the type and amount of work completed.

(Ord. of 11-27-2007, § 2; Amd. of 11-27-2007, § 2)