The purpose of this subchapter is to establish uniform requirements for the planning and design of developments within the city in order to achieve the following objectives:

   (A)   To determine compliance with the provisions of this chapter;

   (B)   To apply provisions of this subchapter equitably and fairly;

   (C)   To promote the orderly development of the city;

   (D)   To prevent depreciation of land values;

   (E)   To ensure a consistent level of quality throughout the community;

   (F)   To ensure a harmonious relationship between new development and the existing natural and manmade surroundings;

   (G)   To achieve the goals and recommendations of the city Master Plan; and

   (H)   To promote consultation and cooperation between applicants and the city in order that applicants may accomplish their objectives in the utilization of land, consistent with the public purposes of this chapter and the Master Plan.

(Prior Code, § 5.115) (Ord. 822, passed 10-19-2020)

   Site plan review shall be required, as applicable, under the following conditions, or under other circumstances required by the City of Charlevoix Zoning Ordinance or other applicable law, unless exempted by § 153.232.

      (1)   Any use permitted by right within any zoning district, if the proposed building is less than 2,000 square feet;

      (2)   Additions to existing buildings in any zoning district; provided, the addition is not larger than 20% of the area of the building prior to the expansion or more than 2,000 square feet in area, whichever is less;

      (3)   Changes in the use of any existing building in any zoning district; provided, the use is permitted by right in that zoning district; and

      (4)   When, in the opinion of the Zoning Administrator, a project which otherwise qualifies for level “A” site plan review may have a significant impact on surrounding properties or the city, the Zoning Administrator may, at their sole discretion, submit the site plan to the Planning Commission for review. In such cases, the Planning Commission shall follow the review procedure for level “B” site plans and may require any additional information needed to make an informed decision.

(Prior Code, § 5.116) (Ord. 791, passed 3-19-2018; Ord. 822, passed 10-19-2020)

   Site plan review shall not be required for:

   (A)   Developments, expansions, or additions to existing uses within the Charlevoix City Airport.

   (B)   Single- or two-family dwellings on a lot on which there exists no other principal building or use or for any home occupation or accessory building in a single-family residential district.

(Prior Code, § 5.117) (Ord. 822, passed 10-19-2020)

   (A)   The Charlevoix Zoning Administrator and/or planner shall have the authority to conduct a pre-application meeting with the applicant/developer to assist them in understanding the site plan review process and other subchapter requirements; and to provide insight as to what portions of their proposed development may be of special concern to the Planning Commission.

   (B)   This conference is not mandatory, but is recommended for small and large projects alike. For large projects, a pre-application conference should be held several months in advance of the desired start of construction. Such an advance conference will allow the applicant/developer time to prepare the needed information for the Planning Commission to make a proper review.

(Ord. 822, passed 10-19-2020)

   The process for reviewing the site plan shall be as follows:

   (A)   Site plan and level "A" reviews shall be performed by the Zoning Administrator as follows:

      (1)   Two copies of a complete site plan and an electronic version, in a format specified by the city, shall be submitted along with an application for that purpose and a fee, as established by the City Council.

      (2)   The Zoning Administrator shall review the site plan for completeness.

      (3)   If the site plan is found to be incomplete, the Zoning Administrator shall return the site plan to the applicant with a list of items needed to make the site plan complete.

      (4)   Once the site plan is determined to be complete, the Zoning Administrator shall notify and seek comment from other city departments as applicable. A review by all the applicable departments will be held within 14 days. A report will be drafted by the Zoning Administrator stating a synopsis of the proposal and how the proposal relates to the zoning ordinance standards.

      (5)   The Zoning Administrator shall consider the site plan, any comments received and the applicable standards of this subchapter and shall either approve the site plan, as submitted, if all applicable requirements and the standards of § 153.237 have been met; approve the site plan with conditions; or deny approval of the site plan, if applicable requirements and standards have not been met.

      (6)   The reasons for the Zoning Administrator's action, along with any conditions that may be attached, shall be stated in writing and provided to the applicant.

      (7)   If approved, two copies of the final site plan shall be signed and dated by the Zoning Administrator and the applicant. One copy, along with the digital version, shall be kept on file with the city and one copy shall be returned to the applicant or their designated representative. If the plan is approved with conditions, a revised plan shall be submitted reflecting those conditions and signed by the applicant and Zoning Administrator prior to the issuance of any permits.

   (B)   Site plan and level "B" reviews shall be performed by the Planning Commission as follows:

      (1)   Two copies of a complete site plan and an electronic version, in a format specified by the city, shall be submitted along with an application for that purpose and a fee, as established by the City Council.

      (2)   The Zoning Administrator shall review the site plan for completeness.

      (3)   If the site plan is found to be incomplete, the Zoning Administrator shall return the site plan to the applicant with a list of items needed to make the plot plan or site plan complete.

      (4)   Once the site plan is determined to be complete, the Zoning Administrator shall notify and seek comment from other city departments as applicable. A review by all the applicable departments will be held within 14 days. A report will be drafted by the Zoning Administrator stating a synopsis of the proposal and how the proposal relates to the zoning ordinance standards.

      (5)    The applicant will then submit 11 copies of the complete (revised) site plan; two full size, nine 11 inches by 17 inches and an electronic version, in a format specified by the city.

      (6)   The Zoning Administrator shall transmit the site plan and report to the Planning Commission for consideration at its next meeting that meets the noticing requirements. Comments, if any, from the public, city departments and consultants shall be transmitted to the Planning Commission prior to its review of the plan. Where required by the City of Charlevoix Zoning Ordinance or other applicable law, notice shall be given to all persons to whom real property is assessed within 300 feet of the property that is the subject of the request and to the occupants of all structures within 300 feet of the subject property regardless of whether the property or structure is located in the zoning jurisdiction, and a public hearing held.

      (7)   The Planning Commission shall consider the site plan and shall either approve the site plan, as submitted, if all applicable requirements and standards have been met; approve the site plan with conditions; or deny the site plan if applicable requirements and standards have not been met. The Planning Commission review shall be based on the requirements of this chapter, comments received from city departments and consultants, and, specifically, the review standards of § 153.237.

      (8)   If approved, two copies of the site plan shall be signed and dated by the Planning Commission chairperson and the applicant. One copy, plus the digital copy, shall be kept on file with the city and one copy shall be returned to the applicant or their designated representative. If the plan is approved with conditions, a revised plan shall be submitted reflecting those conditions and signed by the applicant and the Planning Commission chairperson, prior to the issuance of any permits.

(Prior Code, § 5.118) (Ord. 794, passed 9-17-2018; Ord. 822, passed 10-19-2020)

 

(Prior Code, § 5.119) (Ord. 822, passed 10-19-2020)

   (A)   The Zoning Administrator shall forward level "A" and level "B" site plans and applications to the following departments and agencies where applicable for their information and opportunity to comment:

      (1)   City of Charlevoix Fire and Rescue Department

      (2)   City of Charlevoix Public Works Department

      (3)   Charlevoix County Road Commission

      (4)   Michigan Department of Transportation

      (5)   Charlevoix District Health Department

      (6)   Charlevoix County Drain Commissioner

      (7)   City of Charlevoix Police Department

      (8)   City of Charlevoix Downtown Development Authority

      (9)   Any other agency that may be affected by the site plan

   (B)   This review does not alleviate the applicant from obtaining any and all required permits and/or approvals from the departments and agencies listed above. Any comments received from the departments and agencies within a reasonable time (14 days) will be reviewed and considered by the Planning Commission and/or the Zoning Board of Appeals (ZBA).

      (1)   The Planning Commission may approve an application conditioned on obtaining agency permits, or may, if the permit is critical to the site plan, require the permit or approval prior to issuance of their approval.

      (2)   No construction activity associated with an approved site plan shall be undertaken until permits and approvals from all applicable agencies have been presented to the Zoning Administrator.

      (3)   Whenever possible, site plan review by the Zoning Administrator and Planning Commission shall be coordinated and done simultaneously with other reviews by the Zoning Administrator and Planning Commission on the same application.

      (4)   When an application is dependent on the need for a dimensional variance from the ZBA, re-zoning of property, or a zoning ordinance text amendment, such action must be completed prior to final site plan approval by the Planning Commission.

(Ord. 822, passed 10-19-2020)

   A site plan shall be approved or approved with conditions, only upon a finding of compliance with the following standards:

   (A)   The site plan must comply with all standards of this section and all applicable requirements of this chapter, as well as with all other applicable city, county, state and federal laws and regulations.

   (B)   The site must be designed in a manner that is harmonious, to the greatest extent possible, with the character of the surrounding area.

   (C)   The site must be designed to minimize hazards to adjacent property and to reduce the negative effects of traffic, noise, smoke, fumes and glare to the maximum extent possible.

   (D)   The site plan does not have a negative impact on the provisions of human services, housing, transportation needs, and access to food in the community.

   (E)   The site plan protects the natural environment and conserves natural resources and energy to the extent possible in light of the proposed development.

   (F)   Unless a more specific design standard is required by the city through a different ordinance or regulation, all uses and structures subject to site plan review shall comply with the following design standards:

         (a)   The site plan shall comply with the applicable zoning district requirements for minimum floor space, height of building, lot size, yard space, density and all other requirements as set forth in the City of Charlevoix Zoning Ordinance, unless otherwise provided.

            1.   Internal pedestrian walkways shall be developed for persons who need access to the building(s) from internal parking areas and shall be designed to provide access from these areas to the entrances of the building(s)

            2.   The walkways shall be designed to separate people from moving vehicles.

            3.   These walkways shall have a minimum width of five feet with no car overhang or other obstruction.

            4.   The walkways must be designed in accordance with the Michigan Barrier Free Design Standards.

            5.   The walkways shall be distinguished from the parking and driving areas by use of any of the following materials: special pavers, bricks, raised elevation or scored concrete. Other materials may be used if they are appropriate to the overall design of the site and building and acceptable to the review authority.

(Prior Code, § 5.120) (Ord. 822, passed 10-19-2020; Ord. 842, passed 12-18-2023)

   (A)   Conditions which are designed to ensure compliance with the intent of this subchapter and other regulations of the City of Charlevoix may be imposed on site plan approval.

   (B)   Conditions imposed shall be based on the following criteria:

      (1)   Ensure that public services and facilities affected by the proposed land use and site plan will not be adversely affected.

      (2)   Ensure that the use is compatible with adjacent land uses and activities.

      (3)   Protect natural resources, the health, safety, welfare and 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.

      (4)   Ensure compatibility between the proposed use or activity and the rights of the city to perform its governmental functions.

      (5)   Meet the intent and purpose of the City of Charlevoix Zoning Ordinance, be related to the regulations and standards established in the ordinance for the land use or activity under consideration and be necessary to ensure compliance with those standards.

      (6)   Ensure compliance with the intent of other city ordinances that are applicable to the site plan.

      (7)   Ensure compatibility with other uses of land in the vicinity.

(Prior Code, § 5.121) (Ord. 822, passed 10-19-2020)

   To assure compliance with this subchapter and any conditions of approval, performance guarantees may be required. The City Manager may require that a performance guarantee be furnished to ensure compliance with the requirements and conditions imposed under the city's Zoning Ordinance. The amount of the performance guarantee shall be set forth by the City Manager, with input from Council, and shall be an amount acceptable to the city in covering the estimated cost of improvements associated with the project for which zoning approval is sought. This performance guarantee may be in the form

of a cash deposit, certified check, irrevocable bank letter of credit, or a surety bond, and shall be deposited with the treasurer of the city. The performance guarantee shall be deposited at the time of issuance of the permit authorizing the activity or project. The city shall not require the deposit of the performance guarantee before the date on which the city is prepared to issue the permit. The city shall rebate any cash deposits in reasonable proportion to the ratio of work completed on the required improvement as work on the required improvements progresses.

(Prior Code, § 5.122) (Ord. 794, passed 9-17-2018; Ord. 822, passed 10-29-2020)

   (A)   A person aggrieved by a decision of the Zoning Administrator or Planning Commission in granting or denying approval of a site plan, or regarding any conditions attached to an approval, may appeal the decision to the ZBA per the requirements of § 153.038. A party aggrieved by the decision of the ZBA may appeal to the Charlevoix County Circuit Court.

   (B)   Decisions on a Special Use Permit or Planned Unit Development site plan may not be appealed to the ZBA, and may be appealed directly to Circuit Court.

   (C)   Land use permits associated with an approved site plan will not be issued until permits and approvals from applicable outside agencies have been presented to the Zoning Administrator. Such permits and approvals shall include but not be limited to soil erosion and sedimentation control permits, wetland permits, floodplain permits, driveway and road permits, and Health Department permits.

(Ord. 822, passed 10-19-2020)

   Changes to an approved site plan shall be permitted only under the following circumstances:

   (A)   The holder of an approved site plan shall notify the Zoning Administrator of any proposed change to an approved site plan.

   (B)   Changes to a level "A" site plan may be approved by the Zoning Administrator.

   (C)   Minor changes to a level "B" site plan may be approved by the Zoning Administrator upon determining that the proposed revision(s) will not alter the basic design or any specified conditions imposed as part of the original approval. Minor changes shall include the following:

      (1)   Reduction in building size or increase in building size up to 5% of total approved floor area.

      (2)   Movement of buildings or other structures by no more than ten feet.

      (3)   Replacement of plant material specified in the landscape plan with comparable materials of an equal or greater size.

      (4)   Changes in building materials to a comparable or higher quality.

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

      (6)   Changes required or requested by a city, county, state or federal regulatory agency in order to conform to other laws or regulations.

   (D)   A proposed change to a level "B" site plan, determined by the Zoning Administrator to not be a minor change, shall be submitted to the Planning Commission as a site plan amendment and shall be reviewed in the same manner as the original application.

(Prior Code, § 5.123) (Ord. 822, passed 10-19-2020)

   Site plan approval shall expire 12 months after the date of approval, unless substantial construction has been commenced and is continuing. The Zoning Administrator, in the case of a level "A" site plan, or the Planning Commission, in the case of level "B" site plan, may grant one extension of up to 12 additional months; provided the applicant requests an extension in writing prior to the date of expiration of the site plan. The extension shall be approved if the applicant presents reasonable evidence that the development has encountered unforeseen difficulties beyond the control of the applicant and the project will proceed within the extension period. If the above provisions are not fulfilled or the extension has expired prior to construction, the site plan approval shall become null and void.

(Prior Code, § 5.124) (Ord. 822, passed 10-19-2020)

   (A)   For a project which requires a detailed site plan review, an as-built site plan shall be submitted to the city within 90 days of completion or occupancy, whichever comes first. This site plan shall be prepared to the same standard as the approved site plan. The Zoning Administrator shall use this as-built site plan as a comparison to the approved site plan, and the actual construction on the ground to ensure compliance with the conditions, and other requirements of the site plan, Planned Unit Development, special use permit, and requirements of this subchapter.

   (B)   If the as-built site plan does not show compliance with the conditions, and other requirements of the site plan, Planned Unit Development, special use permit, or other requirements of this subchapter, the deviation shall be considered a violation of this subchapter and shall be subject to any applicable enforcement remedy.

(Ord. 822, passed 10-19-2020)