The provisions of this chapter shall be administered and enforced by the city council, planning commission, board of appeals, zoning administrator, and deputies of same. The zoning administrator shall, among other duties, issue all permits and notices of violations provided for in this chapter.

(Code 2009, § 40-19; Ord. No. 53-A, § 23.01, 8-16-1982)

(a)

Except as may be provided for otherwise in this chapter, the city council shall, by resolution, determine and set fees to be charged for all permits and certificates and official actions required, such as appeals, insofar as this chapter provides for charges to be made in each instance. There shall be no fee for the renewal or extension of permits. The fees shall be collected by the appropriate official prior to the issuance of any permit or certificate. No permit shall be valid until the proper fee has been paid. There shall be no charge for the renewal or extension of permits.

(b)

A person applying for a permit or certificate shall reimburse the city its costs for reviewing plans or performing any inspections or testing required by the city prior to issuing the permit or certificate.

(c)

Fees, costs or expenses charged pursuant to subsections (a) and (b) of this section may include, but are not limited to:

(1)

Attorney fees;

(2)

Engineering fees and costs;

(3)

Fees for the services of outside consultants and other professionals who may assist the city;

(4)

Costs and fees for studies and reports pertaining to the matters in question;

(5)

Special meeting costs; and

(6)

Other reasonable costs and expenses.

Such costs or expenses may not include costs for the time expended by city employees (except when authorized by the appropriate provisions of the Freedom of Information Act) or for incidental costs or expenses.

(d)

The city may, in its discretion, require a person to tender to the city an amount of money determined by the city to be a reasonable estimate of the fees, expenses or costs charged pursuant to subsections (a) through (c) of this section. Such monies shall be retained by the city for reimbursement of such fees, costs and expenses. Any monies paid or deposited in accordance with this subsection which are not used or spent by the city shall be refunded.

(Code 2009, § 40-20; Ord. No. 53-A, § 23.02, 8-16-1982; Ord. No. 111, § 3, 8-9-2001)

Except as provided for elsewhere in this section, no dwelling or building shall be erected, demolished, altered, enlarged or moved upon or from any land subject to the provisions of this chapter, nor any new use created, unless and until a development permit has been properly applied for and issued by the city manager or the city manager's authorized designee, whereupon the applicant may apply for the permits required by the building inspector. A development permit shall remain valid for 12 months from the date of issuance.

(Code 2009, § 40-21; Ord. No. 53-A, § 23.03, 8-16-1982; Ord. No. 129, § 1, 6-9-2005)

Except as provided for elsewhere in this section, no dwelling or building shall be erected, demolished, altered, enlarged or moved upon or from any land subject to the provisions of this chapter, nor any new principal use created, unless and until a building permit shall have been properly applied for and issued by the building inspector. It is required that all building permit applications include a duly issued and valid development permit.

(Code 2009, § 40-22; Ord. No. 53-A, § 23.04, 8-16-1982; Ord. No. 129, § 1, 6-9-2005)

No dwelling or building or mobile home, subject to the provisions of this chapter, shall be occupied or used until the zoning administrator has issued a certificate of occupancy to the owner or applicant who made application for the building permit. At least ten days prior to being ready for use or occupancy, the owner or applicant shall notify the zoning administrator who shall, within five days, ensure that the building is in proper conformity and, if so, issue a certificate of occupancy. If a certificate or application is disapproved for cause, the owner or applicant shall be so notified in writing.

(Code 2009, § 40-23; Ord. No. 53-A, § 23.05, 8-16-1982; Ord. No. 129, § 1, 6-9-2005)

The city council is authorized and empowered to cause this chapter to be amended, supplemented or changed, pursuant to the authority and according to the procedure set forth in this chapter. Proposals for amendments may be initiated by the city council, the planning commission or by petition of one or more owners of property in the city affected by such proposed amendment.

(Code 2009, § 40-24; Ord. No. 53-A, § 23.06, 8-16-1982; Ord. No. 129, § 1, 6-9-2005; Ord. No. 147, § 1, 4-12-2007)

State Law reference— Zoning adoption and enforcement, MCL 125.3401 et seq.

The procedure for amending this chapter shall be as follows:

(1)

Each petition shall be submitted to the zoning administrator, accompanied by a fee as established by the city council, and then referred to the city clerk to set a hearing date and provide proper notification.

(2)

The planning commission shall conduct a public hearing, notice of which shall be given as provided in section 32-44.

(3)

Following the public hearing, the planning commission shall make a recommendation to the city council to approve, deny, or approve with conditions, the subject request, stating reasons for its action.

(4)

The city council shall consider the amendment request, the planning commission's recommendation, and all comments made at the public hearing, and shall make a decision to approve, deny, or approve with conditions the subject request, stating reasons for its action.

(5)

No petition for an amendment to this chapter which has been denied by the city council, shall be resubmitted for a period of one year from the date of such denial, except as may be permitted after learning of new and significant facts or conditions which might result in favorable action upon resubmittal.

(Code 2009, § 40-25; Ord. No. 53-A, § 23.07, 8-16-1982; Ord. No. 129, § 1, 6-9-2005; Ord. No. 147, § 1, 4-12-2007)

(a)

Notice. All applications for development approval, amendments, variances or other deliberations requiring a public hearing under the terms of this chapter shall comply with the Michigan Zoning Enabling Act, MCL 125.3101 et seq., and the other provisions of this section with regard to public notification.

(b)

Responsibility. When the provisions of this chapter or the state Zoning Enabling Act require that notice be published, the zoning administrator shall be responsible for preparing the content of the notice, having it published in a newspaper of general circulation in the city and mailed or delivered as provided in this section.

(c)

Contents. All mail, personal and newspaper notices for public hearings shall:

(1)

Describe the nature of the request by identifying whether the request is for a rezoning, text amendment, special land use, planned development, variance, appeal, ordinance interpretation or other purpose and describing the procedures to be followed in evaluating the request.

(2)

Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the subject property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used, such as a tax parcel identification number, identifying the nearest cross street, or, including a map showing the location of the property. No street addresses must be listed when 11 or more adjacent properties are proposed for rezoning, or when the request is for an ordinance interpretation not involving a specific property.

(3)

Indicate the date, time and place of the public hearing.

(4)

Indicate when and where written comments will be received concerning the request.

(d)

Timing of notice. Unless otherwise provided in the state Zoning Enabling Act, or this chapter where applicable, notice of a public hearing on an application for a rezoning, text amendment, special land use, planned development, variance, appeal, or ordinance interpretation publication shall be provided as follows:

(1)

Notice by publication shall occur not less than 15, nor more than 45, days before the date the application or other matter will be considered for approval.

(2)

Personal notice by mail or delivery shall occur not less than 15, nor more than 45, days before the date the application or other matter will be considered for approval.

(e)

Distribution of notice. If the public hearing involves a request for an interpretation of this chapter by the zoning board of appeals, an appeal of an administrative decision by the zoning board of appeals or consideration of a zoning map change involving ten or fewer adjacent properties, in addition to publication of the notice in a newspaper of general circulation as required, notice shall be provided by mail or personal delivery to:

(1)

The property owner for which approval is being considered or to the person requesting the interpretation or appealing the decision, as applicable;

(2)

All persons to whom real property is assessed within 300 feet of the property, regardless of whether the property is located within the city;

(3)

Occupants of all structures within 300 feet of the property, regardless of whether the occupants are located within the city. If the names of said occupants is not known, the notice may be addressed to "occupant"; and

(4)

Notice by publication shall occur not less than 15, nor more than 45, days before the date the application or other matter will be considered for approval.

(Code 2009, § 40-26)

(a)

Application. An applicant for a rezoning may voluntarily offer a conditional rezoning along with an application for rezoning before or following the public hearing for a proposed rezoning. An election to submit a conditional rezoning shall be pursuant to the Michigan Zoning Enabling Act, MCL 125.3101 et seq., and this section.

(1)

A conditional rezoning shall be a written agreement executed by the applicant and the city, shall be in recordable form and shall be recorded with the county register of deeds after execution.

(2)

An applicant may impose limitations on the use of their property, specify lower or varying density or less intensity of development and use, or may offer more restrictive measures on the location, size, height, or other measure for buildings, structures, improvements, setbacks, landscaping, buffers, design, architecture and other features as part of their offer for conditional rezoning.

(3)

A conditional rezoning may not authorize uses or developments of greater intensity or density, or which are not permitted in a proposed zoning district; nor may a conditional rezoning permit variations from height, area, setback or similar dimensional requirements that are less restrictive than a proposed zoning district.

(b)

Content of agreement. In addition to any limitations on use or development of the property or preservation of property features or improvements as described in subsection (a) of this section, an agreement for conditional rezoning shall include the following:

(1)

An acknowledgement that the conditional rezoning was proposed voluntarily by the applicant.

(2)

An agreement and understanding that the property shall not be developed or used in any manner that is not consistent with a conditional rezoning.

(3)

An agreement and understanding that the approval of a rezoning and a conditional rezoning shall be binding upon and inure to the benefit of the property owner and the city, and their respective heirs, successors, assigns, receivers or transferees.

(4)

An agreement and understanding that, if a rezoning with a conditional rezoning becomes void for any reason, including, but not limited to, the reasons identified in this section, then no further development shall take place and no permits shall be issued unless and until a new zoning district classification for the property has been established.

(5)

An agreement and understanding that no part of a conditional rezoning shall permit any activity, use, or condition that would otherwise violate any requirement or standard that is otherwise applicable in the new zoning district.

(6)

A legal description of the land to which the agreement pertains.

(7)

Any other provisions as are agreed upon by the parties.

(c)

Process. A conditional rezoning shall be reviewed concurrently with a petition for rezoning following the process in section 32-43 and the following:

(1)

A conditional rezoning may be submitted prior to or following the planning commission public hearing. If the agreement is submitted following the planning commission public hearing, it must be reviewed by the planning commission and a second public hearing shall be held prior to the planning commission making its recommendation on the rezoning and conditional rezoning to the city council. A conditional rezoning shall be reviewed by the city attorney to determine that it conforms with the requirements of this section, this chapter, and the Michigan Zoning Enabling Act, MCL 125.3101 et seq., and that the conditional rezoning is in a form acceptable for recording with the county register of deeds.

(2)

Following a public hearing for a proposed zoning amendment, the planning commission shall make a recommendation to the city council. In addition, following a public hearing to consider a conditional rezoning, the planning commission shall consider and address in written findings whether a proposed conditional rezoning:

a.

Is consistent with the intent of this article.

b.

Bears a reasonable and rational connection or benefit to the property being proposed for rezoning.

c.

Is necessary to ensure that the property develops in such a way that protects the surrounding neighborhood.

d.

Leads to a better development than would have been likely if the property had been rezoned without a conditional rezoning, or if the property were left to develop under the existing zoning classification.

e.

Is clearly in the public interest.

(3)

If a rezoning and conditional rezoning are approved, the zoning classification of the rezoned property shall be noted on the official zoning map, with reference to the conditional rezoning agreement. The city clerk shall maintain a listing of all properties subject to zoning agreements and shall provide copies of the agreements upon request.

(4)

An approved conditional rezoning shall be recorded with the county register of deeds.

(5)

All other use or development requirements of this chapter or any other city ordinances shall apply to the property to which a conditional rezoning applies.

(d)

Expiration.

(1)

Unless extended by the city council for good cause, a rezoning and conditional rezoning shall expire two years after adoption of the rezoning and conditional rezoning, unless substantial construction on the approved development of the property pursuant to building and other required permits issued by the city commences within the two-year period and proceeds diligently to completion.

(2)

In the event that substantial construction on the approved development has not commenced within the aforementioned two years, or if construction and development does not proceed diligently to completion thereafter, a conditional rezoning and rezoning shall be void and of no effect.

(3)

Should a conditional rezoning become void, all development on the subject property shall cease, and no further development shall be permitted. Until action satisfactory to the city is taken to bring the property into compliance with this chapter, the city may withhold or, following notice to the applicant and being given an opportunity to be heard, revoke permits and certificates, in addition to or in lieu of any other lawful action to achieve compliance.

(4)

Notwithstanding subsections (d)(1) through (3) of this section, if the property owner applies in writing for an extension of a rezoning and a conditional rezoning at least 30 days prior to the expiration date, the city council may, in its sole discretion, grant an extension of up to one year. Future extensions may be granted, although the number of previous extensions granted to a particular rezoning and conditional rezoning shall be considered by the city council.

(e)

Reversion of zoning. If a rezoning and conditional rezoning become void as outlined in subsection (d) of this section, then the zoning classification of the property shall revert back to its previous zoning classification. The reversion process shall be initiated by the city council by requesting that the planning commission proceed with consideration of rezoning of the land to its former zoning classification. The procedure for considering and making this reversionary rezoning shall be the same as applies to all other rezoning requests, including the notice and hearing as required by the Michigan Zoning Enabling Act, MCL 125.3101 et seq., and this chapter. No building or other permit shall be issued or valid during the process described in this subsection.

(f)

Continuation. Provided that all development or use of the property in question is in compliance with a conditional rezoning, a use or development authorized thereunder may continue indefinitely, provided that all terms of a conditional rezoning continue to be adhered to.

(g)

Amendment.

(1)

During an initial two-year period, or during any extension granted by the city as permitted in subsection (d) of this section, the city shall not add to or alter a conditional rezoning, even with the landowner's consent.

(2)

A conditional rezoning may be amended after the expiration of an initial two-year period and any extensions, in the same manner as was prescribed for the original rezoning and conditional rezoning.

(h)

Violation of agreement. The failure to comply with a conditional rezoning at any time after approval will constitute a breach of the agreement and also a violation of this chapter and further use of the property may be subject to legal remedies available to the city. Any violation of a conditional rezoning that is not cured within 30 days after written notice of the violation is given shall permit the city council, in its sole discretion, to declare a conditional rezoning void ab initio and of no effect.

(i)

Subsequent rezoning of land. Nothing in a conditional rezoning, nor any statement or other provision, shall prohibit the city from later rezoning all or any portion of the property that is the subject of a conditional rezoning to another zoning classification. Any rezoning shall be conducted in compliance with this chapter and the Michigan Zoning Enabling Act, MCL 125.3101 et seq.

(j)

Failure to offer conditions. The city shall not require an owner to offer conditions as a requirement for rezoning. The lack of an offer of conditions shall not affect the owner's rights under this chapter.

(Code 2009, § 40-27; Ord. No. 53-A, § 23.08, 8-16-1982; Ord. No. 156, § 1(23.08), 7-9-2009)

The purposes of site plan review are to:

(1)

Determine compliance with the provisions of this chapter;

(2)

Promote the orderly development of the city;

(3)

Prevent the depreciation of land value through uses or structures which do not give proper attention to siting or area protection;

(4)

Provide consultation and cooperation between the applicant and the city planning commission and city staff in order that applicants may accomplish their objectives in the utilization of their land within the regulations of this zoning chapter; and

(5)

Achieve the purposes of the city master plan.

(Code 2009, § 40-47; Ord. No. 205, § 1, 4-12-2018)

A site plan shall be submitted for review and approval by the planning commission prior to the issuance of a building permit as follows:

(1)

Planning commission review is required for the following:

a.

New construction of permitted nonresidential or multiple family uses.

b.

Special land uses. See also section 32-692.

c.

Planned unit developments.

d.

Mobile home parks.

e.

Site condominiums.

f.

A change in the use of a building or property or an expansion of a building which results in the need for more parking spaces.

g.

All other uses requiring site plan approval by the planning commission as required by this division.

(2)

Site plans subject to review by the planning commission shall comply with the application and submittal requirements of sections 32-67 and 32-68.

(Code 2009, § 40-48; Ord. No. 205, § 1, 4-12-2018)

(a)

All developments not described in section 32-65 and for which a development permit is required according to section 32-39 shall be subject to sketch plan review by the zoning administrator. The zoning administrator, however, may refer any sketch plan to the planning commission to be reviewed in accordance with the requirements for planning commission review required herein.

(b)

Projects which require sketch plan review include, but are not limited to, the following:

(1)

Accessory buildings.

(2)

Enlargements or modifications of existing nonresidential buildings or multiple-family buildings which do not increase the need for additional parking as required by this division.

(3)

Single- and two-family dwellings.

(4)

Grading, excavation, filling, soil removal, creation of a swimming pool, creation of a pond or tree clearing over 100 square feet.

(5)

Temporary uses.

(6)

Outdoor dining areas for businesses which serve food as the principal permitted use.

(7)

Co-location of a wireless communication antenna upon an existing tower.

(c)

Sketch plan requirements. An application for a sketch plan shall include the following:

(1)

An application form providing the information set forth in section 32-67(b).

(2)

An accurate scaled drawing containing the following information unless such items are not required by the zoning administrator. The zoning administrator may also require additional items in order to conduct an accurate review.

a.

North arrow.

b.

Date of site plan preparation.

c.

The actual shape, location and dimensions of the lot. A survey of the property is acceptable.

d.

The dimensions of all existing buildings and structures and any alterations or expansions proposed.

e.

Square footage of existing buildings and proposed additions.

f.

The existing and intended use of the lot and buildings.

g.

Existing and proposed front, rear and side yard setbacks.

h.

Adjacent streets.

i.

Location and width of existing and proposed driveways.

j.

Existing parking areas and type of parking lot surface.

k.

Existing parking spaces and barrier free spaces, including their length and width and number.

l.

Existing and proposed exterior building and parking lot lights and type of fixture.

m.

Existing and proposed landscaping: Type, location and general size.

n.

Note if the building is served by public water and sanitary sewer or private well and septic system.

o.

Location and screening of existing or proposed waste containers.

p.

Adjacent or on-site drainage ways, wetlands or creeks.

(Code 2009, § 40-49; Ord. No. 205, § 1, 4-12-2018)

(a)

Before submitting a formal application for site plan review an applicant is encouraged to meet with the city zoning administrator to review procedures and ask questions.

(b)

An application for planning commission site plan review along with five sets of the site plan and a high-resolution electronic copy shall be submitted to the zoning administrator in accordance with the submittal schedule established by the planning commission along with the fee as set by the city council. The application shall, at a minimum, contain the following information:

(1)

The applicant's name, address of residence, phone number and email address.

(2)

Proof that the applicant is the owner of the property or has a legal or financial interest in the property, such as a purchase agreement.

(3)

The name, address and phone number of the owners of record if different than the applicant.

(4)

The address of the property.

(5)

Legal description of the property, including the permanent parcel number.

(6)

Current zoning.

(7)

Project description.

(8)

Size of the parcel in acres.

(9)

Current and proposed use of the property.

(10)

Signature of the applicant and owner of the property.

(11)

An electronic version of the site plan and all other items submitted in a form acceptable to the city.

(c)

Site plans shall be drawn at a scale of not more than one inch to 50 feet for a site of less than three acres and one inch to 100 feet for a site of three or more acres and shall contain the following information unless specifically waived by the planning commission or zoning administrator:

(1)

A title block. The title block shall contain the following:

a.

The project name, if any.

b.

The name, address and telephone number of the applicant.

c.

The name, address, telephone number and seal of the professional individual who prepared the site plan.

d.

The dates of submission and any revisions to the site plan.

(2)

Property information.

a.

Scale and north arrow.

b.

A locational diagram of the site drawn to scale.

c.

A legal description of the subject property.

d.

The net acreage (minus right-of-way) and total acreage.

e.

The land uses and zoning classifications of adjoining parcels and parcels located across the street.

f.

The location and dimensions of proposed or existing lot lines.

g.

All required building setbacks.

h.

Existing contour lines at five-foot intervals on-site and for a distance of 50 feet on adjacent parcels.

i.

The location and elevations of existing water courses and water bodies, including county drains and manmade surface drainage ways, 100-year floodplains and all wetlands and other unbuildable areas.

j.

The location and type of significant vegetation, including woodlots and individual trees of six inches in diameter or greater.

(3)

Building and land use information.

a.

The location and setbacks of all on-site existing and proposed buildings, as well as the length, width, height, total square footage and use of each building and distances between structures and lot lines.

b.

The location and use of all off-site buildings or structures within 100 feet of the subject property.

c.

Building facade elevations for all sides of all proposed buildings, drawn at an appropriate scale and descriptions of exterior building materials and colors (samples may be required.) See section 32-552.

d.

The proposed location of accessory structures, buildings and uses and of the method of screening, where applicable.

(4)

Streets, vehicle and pedestrian circulation, and parking.

a.

The name, location, dimensions and associated right-of-way of all existing and proposed on-site and adjoining off-site streets (public or private,) and typical cross section of same (cross section shall show location and typical details of curbs; location, dimensions, tapers of lanes; the location, width, surface elevations, radii and grade of all access points to the site; and, for proposed streets, the surface, base and sub-base materials.

b.

All driveways within 200 feet of the site on both sides of the street.

c.

The information necessary to demonstrate that the driveway spacing standards of section 32-623 will be met.

d.

The location, design and number of all parking spaces and unloading areas, including information on proposed curbing, barrier-free access design and dimensions for parking spaces, circulation aisles and unloading spaces. Calculations to demonstrate compliance with the required number of parking spaces shall be provided. See section 32-614.

e.

The location and design of all existing and proposed sidewalks, walkways, bicycle paths and areas for public use. See section 32-553.

(5)

Lighting.

a.

The location, height and type of fixture of all exterior lights, including building lights. Lights fixtures shall be fully shielded and placed to avoid light spillover onto adjacent properties and roadways. See section 32-616(c).

b.

A photometric plan showing areas of illumination at all property lines measured in footcandles and complying with the illumination requirements of the city.

(6)

Utilities, grading, stormwater management.

a.

The location, design, sizing and easements related to all existing and proposed utility systems to be located on the site, above and below ground, including, but not limited to:

1.

Electric;

2.

Telephone and gas distribution lines;

3.

Water mains;

4.

Fire hydrants and well sites;

5.

Storm sewer lines;

6.

Sanitary sewer lines;

7.

Septic systems, if applicable;

8.

Retention and detention areas (inverts, hydrants, drainage flow patterns, locations of manholes and catch basins, calculations for size of storm drainage facilities, underground tanks and transportation pipelines.

b.

The grading plan showing finished contours at a minimum interval of five feet and correlated with existing contours so as to clearly indicate cut and fill required.

c.

The description of measures to be taken to control soil erosion and sedimentation during and after completion of grading and construction operations.

(7)

Landscaping. See section 32-536.

a.

Number of plants, type, size, location and spacing for:

1.

Greenbelts;

2.

Front yard along all streets abutting property;

3.

Parking lots, including landscaping within islands and on perimeter;

b.

Computations for all required landscaping;

c.

Berms, walls and fences.

(8)

Waste disposal. The location, size and specifications for screening of all trash receptacles and other solid waste disposal facilities. See section 32-551.

(9)

Residential developments. See section 32-474.

a.

The total number of residential units proposed by type (e.g., one-bedroom units, two-bedroom units, etc.).

b.

Floor area per unit for each type of unit.

c.

Proposed density calculations for the completed project (dwelling units per acre).

d.

Location, use, dimensions and elevations of all common or community buildings.

e.

Garage or carport locations and details.

f.

Location, type, size and dimensions of the recreation and open space areas.

(10)

Signs. The location, size and specifications of all signs, including signs to be placed on buildings. A separate sign permit is required. See article VII of this chapter.

(11)

Written statements. The planning commission may require written statements relative to the effects of the proposed use on the traffic capacity and safety of existing streets, and the proposed development's impact on schools, existing utilities, the environment and natural features. In addition, the commission may request additional studies, graphics or other written materials from the applicant in order to assist in determining the appropriateness of the site plan.

(Code 2009, § 40-50; Ord. No. 205, § 1, 4-12-2018)

(a)

The planning commission or zoning administrator shall review the final site plan according to the standards for site plan review as contained in this chapter and any other applicable regulations of this division. Based on these standards and regulations, the planning commission or zoning administrator shall approve, deny, or approve with conditions the final site plan.

(b)

If approved, the applicant shall revise the site plan as necessary and submit the final site plan to the zoning administrator, planner, engineer, city departments or others as necessary to ensure that all revisions as required by the planning commission have been made.

(c)

Upon approval of the final site plan, three copies of this plan shall be approved, dated, and signed by the zoning administrator. One copy of the approved plan shall be retained by the applicant, one shall be retained by the building inspector as part of the building permit review process, and one copy shall be kept by the zoning administrator.

(Code 2009, § 40-51; Ord. No. 205, § 1, 4-12-2018)

The following standards shall be utilized by the planning commission in reviewing all site plans and by the zoning administrator in reviewing all minor site plans. Site plan approval shall be granted only if the site plan meets all applicable standards set forth by law, in this article and in the general criteria outlined in subsections (1) through (17) of this section. The planning commission and the zoning administrator may each adopt procedures to encourage preliminary informal review of proposed site plans with the applicant. The preliminary review shall not, however, affect the applicability of the standards and requirements for formal approval of site plans as required by this article.

(1)

Organization of elements. All elements of the site plans shall be harmoniously and efficiently organized in relation to topography, the size and type of the lot, the character of adjoining property, and the type and size of buildings. The site shall be so developed as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this chapter.

(2)

Relation of buildings to environment. Buildings shall be sited to protect natural features, such as natural grade, trees, vegetation, water bodies, and others. Proposed structures shall be related harmoniously to the terrain and to the existing buildings in the vicinity that have a visual relationship to proposed buildings. The achievement of such relationship may include the enclosure of space in conjunction with other existing buildings or other proposed buildings and the creation of focal points with respect to avenues of approach, terrain features, or other buildings.

(3)

Architecture. With the exception of single-family and two-family dwellings, all proposed development subject to site plan approval shall comply with the design and architectural standards of section 32-552.

(4)

Landscape preservation. The landscape shall be preserved in its natural state, insofar as practical, by minimizing tree and soil removal, and by topographic modifications which result in maximum harmony with adjacent areas. Use of existing, prime nature features (woodlots, wetlands, attractive vegetation, etc.) shall be preserved and allocated for required open space areas where feasible.

(5)

Surface water drainage. Special attention shall be given to proper site drainage so that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. If practical, stormwater shall be removed from all roofs, canopies, and paved areas and carried away in an underground drainage system. Temporary on-site storage to reduce rapid runoff from the site is encouraged. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic and will not create puddles in the paved areas.

(6)

Soil preservation. Proposed development or uses shall not result in soil erosion or sedimentation problems.

(7)

Utility services. Electric and telephone distribution lines shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relationship to neighboring properties and to the site. Mechanical equipment and service areas shall be visually screened from adjacent properties, public roadways, or other public areas. Architectural designs for buildings shall include design features to contain and conceal all heating, ventilation, air conditioning units, trash enclosures, dumpsters, loading docks and service yards.

(8)

Privacy provisions. The site plan shall provide reasonable, visual and sound privacy for all dwelling units located therein. Fences, walks, barriers and landscaping shall be used, as appropriate, for the protection and enhancement of the subject property and for the privacy of its occupants.

(9)

Emergency vehicle accessibility. All buildings or groups of buildings shall be so arranged as to permit emergency vehicle accesses, by some practical means, to all sides.

(10)

Connective access to public streets. Every structure or dwelling unit shall have connective access to a public street by some form of pedestrian sidewalk or pathway.

(11)

Pedestrian circulation system. There shall be provided a pedestrian circulation system which is insulated as completely as reasonably possible from the vehicular circulation system.

(12)

Compatibility with existing or planned streets and pathways. The arrangement of public or common ways for vehicular and pedestrian circulation shall respect the pattern of existing or planned streets and pedestrian or bicycle pathways in the area. Streets and drives which are part of an existing or planned street pattern shall be of a width appropriate to the traffic volume they will carry and shall have a dedicated right-of-way equal to that specified in any formally adopted street plan or platted right-of-way.

(13)

Efficient and safe traffic systems. Vehicular and pedestrian traffic ways within the site, as well as to and from the site, shall be designed in a manner which is both efficient and safe.

(14)

Advertising features. The size, location and lighting of all permanent signs and outdoor advertising structures shall be located so as to have a harmonious relationship to neighboring properties and the site.

(15)

Compliance with all applicable statutes. Site plans shall conform to all applicable requirements of state and federal statutes. Site plan approval and an occupancy permit may be conditioned on the applicant receiving necessary state and federal permits.

(16)

External effects generally. Noise, odor, light, dust, dirt, smoke, or other external effects from any aspect of the proposed structures or uses shall not adversely affect adjacent and neighboring properties or uses.

(17)

Special features.

a.

Storage areas, mechanical areas, service areas, truck loading areas, utility buildings and structures, and similar features shall be located, buffered, or screened so as to be unobtrusive and not interfere with access to, or circulation within, the site. Said areas, buildings, structures, and features shall not detract from the visual impression of the site.

b.

Trash containers shall be enclosed on at least three sides by a structure aesthetically compatible with the development and surrounding property. The waste storage area shall be maintained free from litter and in a sanitary condition.

(18)

Exterior lighting. Exterior lighting shall be arranged so that illumination is deflected downward and away from adjacent properties so that it does not interfere with the vision of the motorist along adjacent streets. Flashing or intermittent lights shall not be permitted. Excessive lighting of buildings or structures shall be minimized to reduce light pollution.

(19)

Maximum footcandle measurement. Maximum footcandle measurement at the property line shall not exceed 0.5 footcandle if the adjacent property is zoned or planned for residential use or 1.0 footcandle if the adjacent property is zoned or planned for nonresidential use or abuts a public right-of-way. Measurement standards of the Illuminating Engineering Society of North America (IES) shall be used.

(Code 2009, § 40-52; Ord. No. 205, § 1, 4-12-2018)

(a)

As part of an approval to any site plan, the planning commission or zoning administrator, as applicable, may impose any additional conditions or limitations as in its judgment may be necessary for protection of the public interest. Such conditions shall be related to and ensure that the review standards of section 32-69 are met. Any conditions imposed shall meet the following standards:

(1)

Will ensure that public services and facilities affected by the proposed land use or activity will be capable of accommodating increased service facility loads caused by the land use or activity;

(2)

Will protect the natural environment and conserve natural resources and energy;

(3)

Will ensure compatibility with adjacent uses of land;

(4)

Will promote the use of land in a socially and economically desirable manner.

(b)

The planning commission shall have the authority to limit the number of driveways for a site, to require that parking lots on contiguous parcels be connected, that driveways for contiguous parcels be shared, and that opposite driveways be directly aligned.

(c)

Approval of a site plan, including conditions made as part of the approval, shall apply to the property described in the application, regardless of subsequent changes in ownership or control.

(d)

A record of conditions imposed shall be maintained by the zoning administrator. The conditions shall remain unchanged unless an amendment to the site plan is approved in accordance with this division.

(e)

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

(f)

The zoning administrator may make periodic investigations of developments for which site plans have been approved.

(g)

Noncompliance with the requirements and conditions of the approved site plan shall be violations of this division.

(Code 2009, § 40-53; Ord. No. 205, § 1, 4-12-2018)

(a)

Any person who has been granted site plan approval shall notify the zoning administrator of any proposed amendment to the approved site plan.

(b)

A minor change in the site plan may be approved by the zoning administrator who shall notify the planning commission of the minor change and that such change does not substantially change the basic design or alter the conditions required for the plan by the commission. The following items shall be considered as minor changes:

(1)

Reduction of the size of any building or sign.

(2)

Movement of buildings or signs by no more than ten feet.

(3)

Plantings approved in the site plan landscape plan being replaced by similar types of landscaping.

(4)

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

(5)

Internal rearrangement of a parking lot which does not affect the number of parking spaces or alter access locations or design.

(6)

Changes required or requested by the city officials for safety reasons.

(7)

Changes which will preserve the natural features of the site without changing the basic site layout.

(8)

Other similar changes of a minor nature proposed to be made to the configuration, design, layout or topography of the site plan which are deemed by the zoning administrator to be not material or significant in relation to the entire site and which the zoning administrator determines would not have any significant adverse effect on adjacent or nearby lands or the public health.

The zoning administrator may refer any decision regarding any proposed change to an approved site plan to the planning commission for review and approval (regardless of whether the change may qualify as a minor change). In making a determination whether a change is a minor change, or whether to refer a change to the planning commission for approval, the zoning administrator may consult with the chairperson of the planning commission.

(c)

Should the zoning administrator determine that the requested modification to the approved site plan is not minor, re-submission to the planning commission for an amendment shall be required and conducted in the same manner as an original application.

(Code 2009, § 40-54; Ord. No. 205, § 1, 4-12-2018)

It is recognized that land uses, buildings, and structures are existing which do not conform to the current regulations of this division and as such do not achieve the intended purposes of this division. When these uses, buildings, and structures are proposed to be expanded, enlarged, or increased in intensity so that planning commission site plan review or zoning administrator sketch plan review is required, the following regulations shall apply:

(1)

The site development standards used in reviewing site plans shall be applied to existing uses, structures or buildings when they are affected by any expansions, enlargements or increases in intensity. These standards shall be applied if it is determined that, as a result of such expansions, enlargements or increases in intensity, any of the following situations exist:

a.

Existing stormwater drainage provisions on-site are inadequate to protect nearby lakes, streams or creeks from runoff contaminants or to prevent drainage onto adjoining properties and do not substantially comply with the Kent County Stormwater Management Ordinance.

b.

There is insufficient on-site parking to satisfy current zoning ordinance requirements or a hard surface parking area is needed to reduce dust, and to reduce gravel and soil runoff into the public stormwater drainage system.

c.

Existing driveways may result in hazardous vehicle movements.

d.

Additional plantings are needed in order to comply with the intent of the city landscape regulations or to replace trees and shrubs previously removed, or screening is needed in the form of fencing or landscaping to provide a buffer between uses, particularly to screen materials stored outside.

e.

Access to adjoining properties is inadequate and can be improved by way of parking lot connections or installation of service drives to improve traffic circulation and reduce the number of turning movements onto the public street system.

f.

Safety for pedestrians can be improved and better emergency vehicle access can be provided.

g.

Less bright lighting conditions are needed to reduce or eliminate nuisance lighting situations for drivers and nearby properties.

h.

Screening of dumpsters is needed to improve the appearance of a site and reduce the likelihood of windblown trash.

i.

Sidewalks are needed to improve pedestrian safety.

(2)

In determining how to apply the site plan review standards to address the above deficiencies found on a site, the planning commission or zoning administrator shall be guided by the following criteria:

a.

Whether or not compliance would ensure safer on-site conditions, protect the natural environment, improve traffic circulation, achieve compatibility with adjacent land uses, promote the use of the land in a socially and economically desirable manner and generally accomplish the purposes of site plan review as described in this chapter.

b.

The practicality of requiring complete compliance with the applicable regulations of this division based on the existing design, layout, and operation of the existing use and size of the site or if only partial compliance would be more practical.

c.

Whether or not requiring compliance would have a negative impact on the character, safety, and welfare of the neighborhood or surrounding area.

(Code 2009, § 40-55; Ord. No. 205, § 1, 4-12-2018)

If any person shall be aggrieved by the action of the zoning administrator with regard to a minor site plan or sketch plan, that person may appeal such action in writing to the planning commission. The appeal must be filed within ten days after the date of such action. The planning commission shall consider the appeal at its next regular meeting at which time all parties in interest shall be afforded the opportunity to be heard. The planning commission shall thereafter affirm or reverse the action of the zoning administrator, stating its findings and the reasons for its action and a written copy of such findings, reasons, and action shall be given to the appellant.

(Code 2009, § 40-56; Ord. No. 205, § 1, 4-12-2018)

(a)

Expiration due to failure to initiate. Approval of a site plan shall expire and be of no effect one year following the date of planning commission approval, which is considered to be the date of approval for any administrative reviews required to ensure all conditions of approval are met, unless a zoning compliance permit and a building permit have been issued and construction has begun on the property and is diligently pursued to completion in conformance with the approved site plan.

(b)

Extensions. The expiration date for site plan approval or project completion may be extended for an additional one-year period, if applied for in advance of the expiration date by the petitioner in writing and granted by the planning commission. Failure on the part of the owner to secure the written extension shall result in a stoppage of all construction and shall require a new application and review.

(c)

Continuance requirements. If an approved site plan has expired as set forth herein, no permits for development or use of the subject property shall be issued until the site plan has been resubmitted and approved, subject to the provisions of this article.

(Code 2009, § 40-57; Ord. No. 205, § 1, 4-12-2018)

(a)

It shall be the responsibility of the owner of the property for which site 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 site plan approval was based, or until a new site design is approved. This maintenance requirement includes:

(1)

Healthy landscaping;

(2)

Walls;

(3)

Fences;

(4)

Pavement;

(5)

Pavement markings;

(6)

Signs;

(7)

Building exterior;

(8)

Drainage facilities; and

(9)

All other elements of a site.

(b)

Any property owner who fails to so maintain an approved site plan shall be deemed in violation of the provisions of this article and shall be subject to the same penalties appropriate for a violation.

(c)

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 site 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.

(Code 2009, § 40-58; Ord. No. 205, § 1, 4-12-2018)

In order that the objectives of this chapter may be more fully and equitably achieved, that there shall be provided a means of competent interpretation of this chapter, that adequate but controlled flexibility be provided in the application of this chapter, that the health, safety and welfare of the public be secured, and that justice be done, there is hereby established a city board of appeals.

(Code 2009, § 40-78; Ord. No. 53-A, § 22.01, 8-16-1982)

Sixty days following the effective date of the ordinance from which this chapter amendment is derived, or March 1, 2014, whichever is earlier, the city council shall cease to act as the zoning board of appeals for the city and will be replaced by a zoning board of appeals appointed by the city council as authorized by the Michigan Zoning Enabling Act, MCL 125.3101 et seq. The zoning board of appeals to be appointed shall be comprised of five members consistent with the following:

(1)

One of the members shall be a member of the city council, whose term of office shall coincide with that member's term on the city council.

(2)

One of the members shall be a member of the city planning commission, whose term of office shall coincide with that member's term on the planning commission.

(3)

The three remaining members appointed shall be selected from the electors of the city and representative of the population and various interests in the city and the term of office for these members shall be three years except that with respect to those members first appointed, one member shall be appointed for a term of one year, one member shall be appointed for a term of two years and one member shall be appointed for a term of three years so as to provide for staggered terms.

The member who is also a member of the city council may not serve as chairperson of the board.

(Code 2009, § 40-79; Ord. No. 53-A, § 22.02, 8-16-1982; Ord. No. 147, § 1, 4-12-2007; Ord. No. 153, § 1, 9-11-2008; Ord. No. 156, § 1(22.02), 7-9-2009; Ord. No. 185, § 1, 1-9-2014)

The final disposition of any matter of the zoning board of appeals shall require the concurring vote of the majority of all its members, except the concurring vote of two-thirds of all its members shall be necessary to grant a use variance under section 32-103(c).

(Code 2009, § 40-80; Ord. No. 53-A, § 22.03, 8-16-1982; Ord. No. 114, § 1, 7-11-2002)

A member of the zoning board of appeals who is also a member of the planning commission or the legislative body shall not participate in a public hearing on or vote on the same matter that the member voted on as a member of the planning commission or the legislative body. However, the member may consider and vote on other unrelated matters involving the same property.

(Code 2009, § 40-81; Ord. No. 53-A, § 22.02, 8-16-1982)

Meetings of the zoning board of appeals shall be held at the call of the chairperson and at such other times as the board may determine, and shall be at sufficiently frequent intervals, at the discretion of the board, for the efficient conduct of its business. All meetings shall be open to the public. A quorum shall consist of a majority of the members.

(Code 2009, § 40-82; Ord. No. 53-A, § 22.04, 8-16-1982)

Minutes of the zoning board of appeals shall be recorded of all proceedings which shall contain evidence and data relevant to every case together with votes of the members and final disposition of each case. Such minutes shall be filed in the office of the city clerk and shall become matters of public record.

(Code 2009, § 40-83; Ord. No. 53-A, § 22.05, 8-16-1982)

(a)

Filing. Appeals to the zoning board of appeals in any matter over which it may have jurisdiction may be taken by any party aggrieved by the decision or order appealed from, or by an officer, department, board or agency of the municipality affected by such decision or order.

(b)

Notice; service. A notice of appeal, specifying the grounds thereof, shall be filed with the secretary of the board within 30 days after the date of the action appealed from. A copy of the notice of appeal shall promptly be served upon the officer from whom the appeal is taken, who shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.

(c)

Effect of stay. An appeal shall stay all proceedings in furtherance of the action in respect to which the decision or order appealed from was made, unless the officer from whom the appeal is taken certified to the board that by reason of the facts stated in the certificate, a stay would, in the officer's opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed except upon a restraining order granted by the board of zoning appeals or by the circuit court by application of notice to the officer from whom the appeal is taken and on due cause shown.

(Code 2009, § 40-84; Ord. No. 53-A, § 22.06, 8-16-1982)

Upon the filing of any appeal as hereinafter provided, or other application in any matter or proceedings over which the zoning board of appeals shall have jurisdiction by law or ordinance, the board shall hold a hearing on such appeal or application at its next meeting. Notice shall be given as required by section 32-44.

(Code 2009, § 40-85; Ord. No. 53-A, § 22.07, 8-16-1982; Ord. No. 147, § 1, 4-12-2007)

The board of appeals shall render its decision upon each case within 60 days of the hearing on such case, unless a further extension is agreed to by the parties concerned. The decision of the zoning board of appeals shall be final; however, any person having an interest affected by the decision shall have the right of appeal to the circuit court.

(Code 2009, § 40-86; Ord. No. 53-A, § 22.08, 8-16-1982)

(a)

Generally. Subject to the provisions of this section, and in addition to other duties and powers specified herein, the board of appeals, after public hearing, shall have the power to decide applications for variances where it is demonstrated by the applicant that there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter relating to the construction, alteration, or use of buildings, structures, or land so that the spirit of this chapter shall be observed, public safety secured and substantial justice done.

(b)

Nonuse variances. A nonuse variance may be allowed by the zoning board of appeals only in cases where there is reasonable evidence of practical difficulty in the official record of the hearing and all of the following conditions are met:

(1)

There are exceptional or extraordinary circumstances or conditions applying to the property in question that do not apply generally to other properties in the same zoning district. Exceptional or extraordinary circumstances or conditions include:

a.

Exceptional narrowness, shallowness or shape of a specific property on the effective date of the ordinance from which this chapter is derived;

b.

By reason of exceptional topographic conditions or other extraordinary situation on the land, building or structure;

c.

By reason of the use or development of the property immediately adjoining the property in question; whereby the literal enforcement of the requirements of this chapter would involve practical difficulties; or

d.

Any other physical situation on the land, building or structure deemed by the board of appeals to be extraordinary.

(2)

The condition or situation of the specific piece of property for which the variance is sought is not of so general or recurrent a nature as to make reasonably practical the formulation of a general regulation for such conditions or situations.

(3)

Such variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same zoning district and in the vicinity. The possibility of increased financial return shall not of itself be deemed sufficient to warrant a variance.

(4)

The variance will not be significantly detrimental to adjacent property and the surrounding neighborhood.

(5)

The variance will not impair the intent and purpose of this chapter.

(6)

The immediate practical difficulty causing the need for the variance request was not created by any affirmative action of the applicant.

(c)

Use variances. A use variance may be allowed by the board of appeals only in cases where there is reasonable evidence of unnecessary hardship in the official record of the hearing and all of the following conditions are met:

(1)

There is no financially viable use for the building, structure, or land if it is required to be used for a use allowed in the zone district in which it is located.

(2)

The condition or situation of the specific piece of property or the intended use of such property for which the variance is sought is unique to that properly and not commonly present in the general vicinity or in the zone district. Such unique conditions or situations may include:

a.

Exceptional narrowness, shallowness or shape of a specific property on the effective date of the ordinance from which this chapter is derived;

b.

Exceptional topographic conditions or other extraordinary situation on the land, building or structure;

c.

The use or development of the property immediately adjoining the property in question; or

d.

Any other physical situation on the land, building or structure deemed by the board of appeals to be extraordinary.

(3)

The proposed use will not alter the essential character of the neighborhood or the intent of the master plan.

(4)

The immediate unnecessary hardship causing the need for the variance request was not created by any affirmative action of the applicant.

(Code 2009, § 40-87; Ord. No. 53-A, § 22.09, 8-16-1982; Ord. No. 114, § 2, 7-11-2002)

(a)

Declared nuisance. Any person who violates this chapter shall be responsible for a municipal civil infraction. Any building which is erected, repaired, altered, moved or converted, or any use of land which is begun or changed subsequent to the effective date of the ordinance from which this chapter is derived and in violation of any of the provisions thereof is hereby declared a nuisance per se.

(b)

Abatement. Any building or structure which is erected, altered or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of this chapter and in violation of any of the provisions thereof is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.

(c)

Owner subject to fines or imprisonment. The owner of any building, structure or premises or part thereof, where any condition in violation of this chapter shall exist or shall be created, and who has assisted knowingly in the commission of such violation shall be guilty of a separate offense and upon conviction thereof shall be liable to the fines and imprisonment herein provided. A separate offense shall be deemed committed upon each day during or when a violation occurs or continues.

(Code 2009, § 40-109; Ord. No. 53-A, §§ 24.03—24.05, 8-16-1982)

The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.

(Code 2009, § 40-110; Ord. No. 53-A, § 24.06, 8-16-1982)

The city council or its duly authorized representative is hereby charged with the duty of enforcing this chapter and said council is hereby empowered, in the name of the city to commence and pursue any and all necessary and appropriate actions or proceedings in the Circuit Court of Kent County, Michigan, or any other court having jurisdiction, to restrain or prevent any noncompliance with or violation of any of the provisions of this chapter, and to correct, remedy or abate such noncompliance or violation. And it is further, provided that any person aggrieved or adversely affected by such a noncompliance or violation may institute suit or join the board in such a suit to abate the same.

(Code 2009, § 40-111; Ord. No. 53-A, § 24.08, 8-16-1982)