Calumet City Zoning Code
SITE PLAN
REVIEW
§ 153.205 INTENT; PURPOSE.
(A) This subchapter governs the processes and standards for all uses and structures for which site plan approval is required under other provisions of this chapter.
(B) Site plans for special land uses and planned unit developments shall receive a recommendation from the Village Planning Commission and a final decision by the Village Council.
(C) The Planning Commission shall make the final decision on-site plans that are not specifically required to be approved by Village Council.
(Ord. 160, passed 4-21-2022)
§ 153.206 SITE PLAN REQUIRED.
Site plans are required for the following use.
(A) All new uses and/or structures except residential structures with four or fewer dwelling units, and the change in the use of an existing structure to a use allowed by right in the zoning district in which it is located, provided that no modification to the site is proposed or required by the standards of this subchapter and that the site maintains full and continuing compliance with this subchapter.
(B) Development that establishes more than one principal use on a parcel, such as a single-family site condominium, mixed use building, or similar project where a single parcel is developed to include two or more uses or sites for development, excluding accessory dwelling units.
(C) Any development located within the Civic and Commercial Historic Overlay District.
(D) Development of nonresidential uses in a residential zoning district.
(E) Development or construction of any accessory uses or structures, except for uses or structures that are accessory to a residential use in the VR and FR Zoning Districts.
(F) Excavating, filling or otherwise removing soil beyond that which is customarily incidental to residential uses and residential structures with four or fewer dwelling units.
(G) Additions or expansions of existing, conforming uses that increase the amount of additional impervious surface by at least 1,500 square feet or 5%, whichever is less.
(H) Any use, construction or approval for which a site plan is required by any provision of this subchapter.
(Ord. 160, passed 4-21-2022)
§ 153.207 STANDARDS FOR SITE PLAN APPROVAL.
The following criteria shall be used as a basis upon which site plans will be reviewed and approved.
(A) Adequacy of information. The site plan shall include all required information in sufficiently complete and understandable form to provide an accurate description of the proposed uses and structures.
(B) Site design characteristics. All elements of the site shall be harmoniously designed in relation to the topography, size and type of land, and the character of the adjacent properties, existing uses and the proposed use. The site shall be developed so as not to impede the reasonable and orderly development or improvement of surrounding properties for uses permitted on such property.
(C) Site appearance. Landscaping, earth berms, fencing, signs, walls, structures and other site features shall be designed and located on the site so that the proposed development is harmonious with nearby existing or future developments.
(D) Compliance with district requirements. The site plan shall comply with the district requirements for minimum floor space, height of building, lot size, open space, density and all other requirements set forth in the §§ 153.060 through 153.067 for each district, unless otherwise provided in these regulations.
(E) Privacy. The site design shall provide reasonable visual and sound privacy. Fences, walls, barriers and landscaping shall be used, as appropriate, for the protection and enhancement of property and the safety and privacy of occupants and uses.
(F) Emergency vehicle access. All buildings or groups of buildings shall be so arranged as to permit convenient and direct emergency vehicle access.
(G) Circulation. Every structure or dwelling unit shall be provided with adequate means of ingress and egress via public streets and walkways. The site plan shall provide a pedestrian circulation system that is insulated as completely as is reasonably possible from the vehicular circulation system. The arrangement of public and common ways for vehicular and pedestrian circulation shall respect the pattern of existing or planned streets or pedestrian ways in the vicinity of the site. The width of streets and drives shall be appropriate for the volume of traffic they will carry.
(H) Parking. Any off-street parking facility shall meet all applicable design standards of this chapter.
(I) Drainage. Appropriate measures shall be taken to ensure that the removal or drainage of surface water will not adversely affect adjoining properties or the capacity of the public drainage system. Provisions shall be made for a feasible storm drainage system, the construction of storm water collection, storage and transportation facilities and the prevention of erosion. Surface water on all paved areas shall be collected at intervals so that it will not obstruct vehicular or pedestrian traffic and will not create nuisance ponding in paved areas. Final grades may be required to conform to existing and future grades of adjacent properties. Grading and drainage plans shall be subject to review and approval by the appropriate designated official.
(J) Soil erosion and sedimentation. The proposed development shall include measures to prevent soil erosion and sedimentation during and upon completion of construction, in accordance with current village and county standards.
(K) Exterior lighting. Exterior lighting shall be designed so that it is deflected away from adjoining properties, visual glare is minimized, the dark sky is preserved and does not impede vision of drivers along adjacent streets.
(L) Public services. Adequate services and utilities, including water, sewage disposal, sanitary sewer and storm water control services, shall be available or provided, and shall be designed with sufficient capacity and durability to properly serve the development.
(M) Screening.
(1) Off-street parking, loading and unloading areas, outside refuse storage areas and other storage areas that are visible from adjacent homes or from public rights-of-way shall be screened by walls, fencing or landscaping of adequate height.
(2) All walls and fencing must be solid and constructed of durable material and shall be subject to the approval of the Planning Commission.
(N) Danger from fire and hazards.
(1) The level of vulnerability to injury or loss from incidents involving fire and hazardous materials, or processes, shall not exceed the capability of the village to an evaluation, the village shall consider the location, type, characteristics, quantities and use of materials or processes in relation to the personnel, training, equipment and materials and emergency response plans and capabilities of the village.
(2) Sites that include significant storage of flammable or hazardous materials or waste, fuels, salt or chemicals shall be designed to prevent spills and discharges of polluting materials to the surface of the ground, groundwater and public sewer system.
(O) Health and safety concerns. Any use in any zoning district shall comply with applicable federal, state, county and local health and pollution laws and regulations with respect to noise, dust, smoke and other air pollutants, vibration, glare and heat, fire and explosive hazards, gases, electromagnetic radiation, radioactive materials and toxic and hazardous materials.
(P) Phases. All development phases shall be designed in logical sequence to ensure that each phase will independently function in a safe, convenient and efficient manner without being dependent upon subsequent improvements in a later phase or on other sites.
(Ord. 160, passed 4-21-2022)
§ 153.208 SITE PLAN APPLICATION.
(A) Site plan application requirements. An application for site plan review shall be submitted on a form provided by the village with the required items presented in the table below. Required items shall be demonstrated on the site plan drawings, written narrative/submitted documentation, or both as indicated in the table.
(1) Upon the recommendation of the Zoning Administrator, the Planning Commission may waive any of the above required items based upon a finding that it is not applicable.
(2) The Planning Commission, Zoning Administrator or other party authorized by the village may request any additional information it deems necessary in the review of submitted site plan.
(3) (a) Evidence the plan has been submitted for review to all affected jurisdictions, including but not limited to the County Road Commission, the Village Department of Public Works, Michigan Department of Transportation (MDOT) and Michigan Department of Energy, Great Lakes, and Environment (MDEGLE).
(b) If an applicable review is not submitted, statement of a date certain for submission or the reason why their review is not applicable must be provided.
(4) A certificate of appropriateness from the Historic District Commission shall be submitted as part of any site plan review application for properties within the Civic and Commercial Historic Overlay District.
(5) All site plan drawings shall be submitted on one set of sheets 24 inches by 36 inches and in digital PDF format.
(B) Site plan application review procedures.
(1) Pre-application conceptual review. An applicant may request a pre-application conceptual review with the Zoning Administrator or Planning Commission to discuss in general the substantive requirements for the application prior to formal submittal of a site plan review application. The purpose is to gather feedback on the proposed land use and potential requirements by the village. Feedback provided by the Zoning Administrator or Planning Commission under a pre-application conceptual review is non-binding, subject to change and is not to be construed as a guarantee for approval. A pre-application conceptual review does not include a completeness or technical review by the Zoning Administrator.
(2) Completeness review. All required application materials shall be presented to the Zoning Administrator’s office by the property owner or their designated agent at least 21 days prior to the Planning Commission meeting where the site plan will be considered. The Zoning Administrator shall review the application for completeness to determine if the application has been properly submitted and the applicant has corrected all deficiencies. Completeness reviews are solely for the purpose of determining whether the preliminary information required for submission of the application is sufficient to allow further processing and shall not constitute a decision as to whether an application complies with the provisions of this subchapter. Once deemed complete, the Zoning Administrator will begin the technical review.
(3) Technical review. An application determined to be complete will undergo a technical review by the Zoning Administrator or village designee to determine compliance with applicable standards. This review may include distributing the plan to other local agencies or departments with jurisdiction for comment on any problems the plans might pose and shall result in a report submitted to the Planning Commission with the site plan review application. Once the technical review is complete, the application will be placed on the next regularly scheduled Planning Commission meeting.
(4) Administrative review. The Zoning Administrator may review and make a determination on a site plan review application that meets all the standards for administrative review eligibility. Nothing in this section shall prohibit the applicant or Zoning Administrator from requesting the site plan review application be submitted to the Planning Commission for determination. The standards for administrative review eligibility shall be:
(a) The use is permitted by right in the established zoning district;
(b) Will result in less than 1,500 square feet of new building and/or impervious area; and
(c) Will generate less than 500 trip ends per day as determined by the proposed land use activity based on the most recent edition of the Trip Generation Manual published by the Institute of Transportation Engineers.
(5) Planning Commission review. All other uses requiring a site plan shall be reviewed by the Planning Commission for a determination.
(C) Site plan application determinations. The Zoning Administrator or Planning Commission shall review the application and make a determination to approve the application, require any conditions it may find necessary or deny the application.
(1) Approval. The site plan shall be approved upon determination that it is in compliance with the standards of this subchapter, other village planning documents, other applicable ordinances and state and federal statutes.
(2) Conditional approval. The Planning Commission may approve a site plan, subject to any conditions to address necessary modifications, obtain variances or approvals from other agencies. Conditions imposed shall meet each of the following objectives:
(a) Be designed to protect natural resources, the health, safety and welfare, as well as the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole;
(b) Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity; and
(c) Be necessary to meet the intent and purpose of the zoning requirements, be related to the standards established in the chapter for the land use or activity under consideration and be necessary to ensure compliance with those standards.
(3) Denial. If the Planning Commission determines that a proposed site plan does not meet the standards of this subchapter, or otherwise will tend to be injurious to the public health, safety, welfare or orderly development of the village, it shall deny the application by a written endorsement which clearly sets forth the reason for such denial.
(Ord. 160, passed 4-21-2022)
§ 153.209 RECORD OF ACTIONS.
The village shall keep a record of decisions on all site plans on file in the Village Clerk’s office. The record shall include the following information.
(A) Minutes. All minutes from any meeting where the site plan was considered.
(B) Findings of fact. The decision on a site plan review shall be incorporated in a finding of fact relative to the land use under consideration and shall specify the basis for the decision and any conditions imposed.
(C) Final site plans. An electronic PDF version and two full size print sets (24 inches by 36 inches) of the final site plans stamped by a licensed architect, landscape architect or civil engineer.
(1) (a) Approved site plans shall include any required revisions and the date of the revisions.
(b) 1. The print sets shall be marked “Approved” and signed and dated by the Applicant and Planning Commission Chair if approved by the Planning Commission, or the Zoning Administrator if administratively approved.
2. One signed set of site plans will be retained by the village as part of the permanent record, while the other signed set will be returned to the applicant.
(2) Denied site plans shall be marked “Denied” and signed and dated by Planning Commission Chair if denied by the Planning Commission, or the Zoning Administrator if administratively denied.
(D) Development agreement.
(1) An approved site plan shall include a site plan development agreement outlining the approved use, any applicable conditions and procedural process.
(2) The development agreement shall be signed and notarized by the applicant and Planning Commission Chair.
(Ord. 160, passed 4-21-2022)
§ 153.210 EXPIRATION, REVOCATION.
(A) Expiration.
(1) A site plan review approved under this subchapter shall be valid for a period of one year from the date of approval. If the applicant fails to submit an application for a zoning permit to the village for the approved site plan review in that time period, then the site plan review approval shall automatically expire.
(2) The applicant may request an extension of the permit by submitting a written request for consideration to the Planning Commission before the expiration date.
(3) The Planning Commission may grant one extension for a period of up to one year.
(B) Revocation.
(1) If a violation of any of the conditions or standards imposed on an approved site plan review is found to exist following inspection, the Zoning Administrator shall notify the owner of the premises, the applicant of the site plan review and the Planning Commission that such violation exists and that the site plan review approval will be revoked within 15 days of such notification.
(2) If said violation is not corrected within 15 days, the Planning Commission may revoke the permit.
(3) Furthermore, such a violation is hereby declared a violation of this subchapter, subject to all the remedies and penalties provided for within this subchapter.
(Ord. 160, passed 4-21-2022)
§ 153.211 AMENDMENTS, MODIFICATIONS.
A previously approved site plan may be modified subject to the following procedures.
(A) Insignificant deviations.
(1) The Zoning Administrator may authorize insignificant deviations in an approved site plan if the resulting use will still meet all applicable standards and requirements of this subchapter, and any conditions imposed.
(2) A deviation is insignificant if the Zoning Administrator determines it will result in no discernible changes to or impact on neighboring properties, the general public or those intended to occupy or use the proposed development and will not noticeably change or relocate the proposed improvements to the property.
(B) Minor amendments.
(1) The Planning Commission may permit minor amendments to an approved site plan if the resulting use will still meet all applicable standards and requirements of this subchapter, and any conditions imposed unless otherwise requested to be modified, and do not substantially affect the character or intensity of the use, vehicular or pedestrian circulation, drainage patterns, demand for public services or vulnerability to hazards.
(2) The Planning Commission may make a decision on minor amendments upon receipt of an application. MINOR AMENDMENTS are those modifications the Zoning Administrator determines will have no substantial impact on neighboring properties, the general public or those intended to occupy or use the proposed development, but exceed the extent to which can be approved as an insignificant deviation.
(C) Major amendments.
(1) All other requests for amendments to an approved site plan shall be processed in the same manner as a new application.
(2) The Planning Commission may impose new conditions on the approval of an amendment request if such conditions are warranted as described in this subchapter.
(3) The holder of the original site plan approval may reject such additional conditions by withdrawing the request for an amendment and proceeding under the existing site plan approval.
(Ord. 160, passed 4-21-2022)