Clinton Charter Township
City Zoning Code
City Zoning Code
CHAPTER 1297
Development and Approval Procedures
1297.01 SITE PLAN REVIEW REQUIREMENTS AND PROCEDURES.
(a) Intent. The following site plan review requirements and procedures are intended to ensure full compliance with all applicable requirements of this ordinance and all other applicable local ordinances, state and federal laws.
(b) Applicability. The table below shows requirements for Site Plan approval:
SITE PLAN REVIEW REQUIREMENTS | |
Activity/Use | Approval Responsibility |
SITE PLAN REVIEW REQUIREMENTS | |
Activity/Use | Approval Responsibility |
New Construction | |
Subdivision Development | TB |
New construction of a permitted industrial, commercial, office, mixed-use or multi-family development | TB |
Expansion/Modification to Existing Building or Use | |
An increase in area over 1,000 square feet or over 25% of existing gross floor area, whichever is less, in a Permitted or Special Land Use | PC |
An increase in area under 1,000 square feet or under 25% of existing gross floor area in a Permitted Use or Special Land Use | A |
Cell tower antenna modification | A |
Expansion, replacement or alteration of landscaping areas | A |
Activity/Use | Approval Responsibility |
Change in Use
| |
Change of Use to a Permitted Use | A |
Change of Use to a Special Land Use | PC |
Accessory Structure | |
Site plan for non-residential SES Applications (Ground or Roof-Mounted) | A |
Accessory structures in RML and RMH districts | A |
Site Improvements | |
Changes to facade features or wall signs | A |
Planned Unit Development (PUD) | |
Planned Unit Developments | TB |
Other | |
All Special Land Uses | TB |
Cell tower, essential service substation, transmission lines, utility company buildings and storage yards | PC |
Change from a nonconforming use to another nonconforming use | TB |
TB Township Board Approval PC Planning Commission Approval A Administrative Site Plan Approval | |
(c) Procedure. The site plan must be submitted in compliance with the following procedures:
(1) Applicant. The owner of an interest in land for which site plan approval is sought, or the designee of the owner, shall file the application for site plan approval with the planning director and/or designee.
(2) Pre-Application Coordination. Before an applicant submits for site plan approval, the applicant may be required, at the Planning Director's discretion, to meet with the Planning Director or designee to review the proposed project, Clinton Township Zoning Code and/or documents related to the property.
(3) Building Permit. No building permit shall be issued until the site plan has been approved according to the standards provided in this section.
(4) Occupancy Certificate. No occupancy certificate shall be issued until the site plan has been approved and installation of landscaping materials has been completed. A temporary occupancy certificate may be issued before the site plan has been completed.
(5) Planning Commission Review, Requirements and Recommendations.
A. The Planning Commission may make such requirements with respect to any matters as will assure:
1. Safety and convenience of vehicular and pedestrian traffic both within the site and in relation to access throughfares.
2. Satisfactory and harmonious relationships between the development on the site and the existing and prospective development of contiguous land and adjacent neighborhoods.
B. The Planning Commission may further recommend to the Township Board landscaping, fences, and walls in pursuance of these objectives, and the same shall be provided and maintained as a condition of the establishment and the continued maintenance of any use to which they appurtenant.
C. In those instances, wherein the Planning Commission finds that an excessive number of ingress and/or egress points may occur with relation to major or secondary thoroughfares, thereby diminishing the carrying capacity of such thoroughfares, the Commission shall recommend marginal access drives. For a narrow frontage, which will require a single outlet, the Plan Commission may recommend that money be placed in escrow with the Township so as to provide for a marginal service drive equal in length to the frontage of the property involved. Certificates of occupancy shall not be issued until the improvement is physically provided or monies have been deposited with the Township Clerk.
(6) Compliance with Improvements. In order to ensure compliance with improvements considered necessary in approving a site plan, a cash deposit, certified check or irrevocable bank letter of credit, in the amount specified in a site plan bond rate schedule as adopted by the Township Board, shall be deposited with the Treasurer of the Township.
A. The performance guarantee shall be required to be deposited prior to the issuance of any building permits.
B. Refund of such cash bonds will be made only when all site plan improvements have been made in compliance with the approved site plan.
C. Request for refund is made in writing by the individual or entity that posted such bond and after all site improvements have been made in compliance with the approved site plan.
D. Request for refund may be made by an assignee of the individual or entity that posted the bond if adequate written verification of the assignment is timely furnished and timely application for refund is made pursuant to the requirements of this section.
E. Failure to request refund of a cash bond within 36 months of posting will result in forfeiture of bond.
(7) Site Plan Changes. Existing or proposed developments, which have had site plan review and approval as herein required, shall not be changed unless the proposed revisions are approved by Planning Commission or follow the requirements of site plan amendments as described in this section.
(d) Application Requirements. The Planning Director or Designee may request additional information or waive any site plan requirements at their discretion, as informed by the site proposed use or site plan. The following shall be included, but not limited to, as part of the site plan review submission:
(1) Site Plan Description and Data.
A. Site Plan shall include the overall plan for the entire development at an adequate scale as determined by the planning director, and an adequate scale to determine compliance with the requirements of this ordinance and provide those reviewing with any other information needed to evaluate the overall site plan on the basis of the criteria set in this section.
B. Written Project Description, including proposed site/building improvements and use.
C. Scale, North Arrow and Date.
D. Legal Description of parcel(s).
E. Submitted drawings must be accurate.
F. Title Block with Sheet Number and Title.
G. Identification of Architect, Engineering or Design Professional who prepared the drawing(s).
(2) Site Analysis and Plan.
A. An area map or vicinity sketch showing general location of the site in relation to section lines or throughfare intersections.
B. Survey of existing site features, but not limited to, existing lot lines, building lines, structures, parking areas, trees, drains and all other improvements immediately adjacent to the site.
C. All existing easements.
D. Existing Roadways and Driveways immediately adjacent to the site.
E. Existing Sidewalks and pathways immediately adjacent to the site.
F. Zoning classification of parcel.
G. Proposed lines, lot dimensions, property lines and setback dimensions.
H. Proposed structures and other improvements.
I. Proposed and vacated easements and/or right-of-way.
J. Location of exterior lighting.
K. Location of refuse collections, receptacles, and screening.
L. Location, Dimensions, and lighting of existing/proposed signage.
(3) Access and Circulation Plan.
A. Dimensions and centerlines of existing and proposed access points, roads and rights-of-way or access easements.
1. All such points shall meet the requirements of the Macomb County Road Commission or, if applicable, the Michigan Department of Transportation.
2. Where a site plan proposes access to a major or secondary thoroughfare, as contained in the Township Major Thoroughfare Plan, the following regulations shall be included:
a. The full projected right-of-way and the centerline of the thoroughfare as proposed in the Township Major Thoroughfare Plan.
b. A full paved lane width along the entire site frontage with acceleration and deceleration tapers and by-pass lanes designed in accordance with Macomb County Road Commission standards and provided at all points of access from site to the thoroughfare unless waived by the Planning Commission and the Township Board.
B. Parking Spaces and Parking Layout Dimensions.
C. Required and Proposed Parking Spaces to include calculations for parking, stacking, and loading.
D. Location of existing and proposed sidewalks/pathways within the site or adjacent right-of-way.
1. A five-foot wide concrete sidewalk or, at the discretion of the Planning Commission or the Township Board, a ten-foot minimum wide asphalt bicycle/pedestrian path, shall be located one foot from the property line on the side or sides of the roadway on all public streets, with the exception of the interior industrial subdivision streets.
2. In all private residential developments, a five-foot wide sidewalk adjacent to all main service drives in order to provide interior pedestrian circulation.
E. Opposing Driveways and intersections within 100 feet of the site.
G. Emergency vehicle access locations.
H. Details of traffic signs, pavement markings and curbing.
(4) Landscape Plan.
A. Location of existing and proposed landscaped area.
B. Table or List of proposed landscaping noting quantities and materials.
C. Landscaping and screening requirements and calculations of requirements.
(5) Building Structure and Details.
A. Location, height and outside dimensions of all existing and proposed buildings or structures.
B. Building or Structure floor plans to include, whenever possible, square footage and number and type of units.
C. Building façade elevations.
D. Description of exterior building materials and colors.
(6) Lighting Plan.
A. Parking lot, building, and landscaping illumination shall be illustrated in a photometric plan. The plan shall detail the types of fixtures, shielding, height of fixtures, light wattage, and footcandles.
B. Lighting shall be shown on the site plan to determine the effects of lighting on adjacent properties and traffic.
(7) Engineering Plans.
A. Existing and Proposed Grades.
B. Preliminary engineering plan showing existing and proposed utilities.
C. Drainage and Stormwater management plan, demonstrating measures for mitigating surface waters onto adjacent property and/or public storm drainage systems.
D. Location and design of storm water retention basins.
1. When it is known that a storm water retention basin will be required on the site, the basin, when at all possible, shall be located and designed as an integral part of the overall site plan.
2. The basin shall be designed with a maximum slope ration of four to one, (four feet of horizontal distance for each one foot of vertical drop) and shall be landscaped and maintained in a clean and orderly manner.
3. When retention basins are designed in conformity with these standards, they may be included as part of the open-space requirements of residential development.
4. The Plan Commission and Township Board, after review of a proposed drain basin plan, may require the erection of a six-foot fence around the basin.
(e) Criteria for Approval of Site Plans. The following criteria shall be used by Township Board, Planning Commission, and the Planning and Community Development Department as a basis upon which site plans shall be reviewed and approved or denied. The City shall require adherence to these standards, but may allow for design flexibility in the administration of the following standards:
(1) Compatibility. All elements on the site shall be designed in relation to the character of adjacent sites and buildings. Sites shall be developed as to not to impede the normal and orderly operation, development or improvement of surrounding properties.
(2) Compliance with Dimensional Standards. The site plan shall comply with the requirements for setbacks, height, density, and all other dimensional requirements as noted in the respective zoning district's schedule of regulations.
(3) Protection of the Environment. The site shall be designed to preserve and protect environmental resources to the extent feasible.
(4) Landscaping. All landscaping and screening shall be in accordance with the standards set forth in Chapter 1294.
(5) Emergency Access. All buildings shall be arranged so as to provide emergency vehicle access.
(6) Pedestrian Safety and Access. Improvements on the site, such as sidewalks, fences, and signage shall be utilized to protect pedestrians from vehicular traffic. The site shall be designed to allow access by physically disabled persons in accordance with applicable federal and state laws.
(7) Drainage. Site drainage shall be provided to ensure that surface waters are removed from the site and will not adversely affect adjoining lots, sidewalks, pedestrian areas and streets. Provisions shall be made for a storm drainage system.
(8) Off-Street Parking and Loading. Design of off-street parking lots and loading/unloading areas shall be in accordance with Chapter 1294.
(9) Traffic and Access. Internal circulation shall promote safe and efficient travel. Access points shall be located to minimize disruption of through traffic and reduce potential conflicts.
(10) Lighting. Exterior lighting shall be arranged to direct light away from adjacent residential uses.
(11) Utilities. Utility services shall be connected to or provided with sufficient capacity and durability to adequately serve the site.
(12) Compliance with Other Regulations. Any use shall comply with all applicable federal, state, county, and township laws and regulations. This includes noise, vibration, glare and heat, noxious and odorous matter, erosion control, flood control and fire safety.
(f) Minor Site Plan Amendments. A proposed amendment to a site plan may be approved in accordance with the same procedures at the original application. Minor changes may be approved administratively. All such approved changes shall be reported to the Township Planning Commission. The following items shall be deemed minor changes:
(1) A change in the internal floor plan which does not increase the intensity of the use or parking requirements.
(2) An increase or decrease in the number of parking spaces of 10% or less, provided the number of parking spaces meets the required minimum.
(3) Expansion, replanting or alteration of landscaping areas, consistent with the requirements of this Code.
(5) Relocation of sidewalks or pathways that improve safety and circulation on the site.
(6) Other minor modifications to comply with Township, County, State, and/or Federal regulations.
(g) Expiration of Approved Site Plan. If construction has not commenced within 18 months of site plan approval, the approval becomes null and void and a new application for site plan review shall be required. The applicant may request and the Planning Commission may grant extensions to the approved site plan for a period of 18 months, provided a written request is received prior to the expiration date.
(Ord. Passed 10-30-23.)
1297.02 SUBDIVISION OPEN SPACE PLAN.
The intent of this section is to permit one-family residential subdivisions to be planned as a comprehensive unit with an allowance for residential open space. Certain modifications to standards outlined in Chapter 1258 are permitted when the following conditions are met:
(a) Lot dimensions in R-1, R-2, R-3 and R-4 One-Family Residential Districts may be reduced in accordance with the following schedule, provided that the number of residential lots shall be no greater than if the land area to be subdivided were developed with minimum square foot lot areas as required for each district under Chapter 1258.
(1) All calculations of density shall be predicated upon the following number of dwelling units per acre, including roads:
District Dwelling Units Per Acre
R-1 2.3
R-2 2.7
R-3 3.4
R-4 3.7
(2) Lot widths and overall area reductions shall not be more than the following:
Minimum Minimum Lot
Lot Width Area
District (ft.) (sq. ft.)
R-1 90 11,700
R-2 80 10,000
R-3 70 8,400
R-4 65 8,100
(3) Rear yards may be reduced to thirty feet when bordering on land dedicated to the common use of the subdivision as indicated in subsection (b) hereof.
(b) For each square foot of land gained under the provisions of subsection (a) hereof within a residential subdivision, through the reduction of lot size below the minimum requirements as outlined in Chapter 1258 equal amounts of land shall be dedicated to the common use of the lot owners in the subdivision in a manner approved by the Township or may, if approved and accepted by the Township, be deeded to the Township. If deeded to the Township, no individual land area shall be less than four acres in size, except that said parcel may be separated from the subdivision by a road or stream.
(c) Lands zoned FW Floodway District, owned as part of lands proposed to be subdivided, may be credited as open space under this section, provided that the requirements of this section are met.
(d) The area to be dedicated or deeded, whichever the case may be, for either public park or subdivision recreation purposes, shall be in a location and of a shape approved by the Planning Commission and the Township Board in reviewing the preliminary plat. Said land shall be graded and developed so as to have natural drainage.
(e) Prior to approval of a subdivision open space plan, the Township shall conduct a public hearing and determine that the plan meets at least two of the following objectives:
(1) Provides a more desirable living environment by preserving the natural character of stands of trees, brooks, topography and similar natural assets.
(2) Provides a more creative approach in the development of residential areas.
(3) Provides a more efficient, aesthetic and desirable use of open area, allowing the developer to bypass natural obstacles in the site.
(f) Under this planned unit approach, the subdivider shall dedicate or deed, as determined by the Township, the total park area at the time of filing of the final plat on all or any portion of the plat, unless otherwise agreed to by the Township.
(g) Where the open space is dedicated to the landowners or their representative, such park area shall be maintained by the same. In the event of a default in maintenance, said open space shall, if accepted by the Township, either be deeded to the Township of Clinton or, in lieu thereof, the lots in the subdivision shall be assessed equally as a tax lien to provide for necessary maintenance.
(h) The subdivision open space plan shall be acceptable only in those instances where the entire preliminary plat, after public hearing by the Planning Commission and approval by the Township Board, is carried through a final plat and is recorded in its totality. Recording of portions of a plat designed under this option shall not be acceptable.
(Ord. Passed 10-30-23.)
1297.03 SINGLE-FAMILY LAND CONDOMINIUM OPTION.
The single-family land condominium option may be used in any One-Family Residential District subject to the following conditions:
(a) All homes shall be single-family and detached.
(b) The maximum density of the development shall be regulated as follows:
R-1 2.3 100
R-2 2.7 90
R-3 3.6 80
R-4 4.1 70
R-5 4.7 65
(c) No building, including accessory buildings, shall be located closer than 40 feet in the R-1 and R-2 Districts and 35 feet in any R-3, R-4 and R-5 Districts except that an unenclosed or uncovered porch or deck (one which is not roofed over) may extend no more than eight feet beyond the building envelope.
(d) Homes shall not be located closer than 45 feet to any street in the R-1 and R-2 Districts and shall not be located closer than 40 feet to any street in the R-3, R-4 and R-5 Districts.
(e) The minimum distance between buildings shall be 20 feet in the R-1 and R-2 Districts and 16 feet in the R-3, R-4 and R-5 Districts.
(f) The minimum floor area per home shall be determined by the respective zoning district in which the development is located, as regulated by the schedule of regulations set forth in Chapter 1258.
(g) All interior streets shall have a minimum width of 27 feet.
(h) A five-foot wide concrete sidewalk shall be installed a minimum of ten feet from both sides of interior streets.
(i) A minimum of four off-street parking spaces per home shall be provided.
(j) The Township Board, upon recommendation by the Planning Commission, may impose conditions or limitations in granting approval of this option in order to assure compatibility with surrounding areas.
(Ord. Passed 10-30-23.)
1297.04 SPECIAL LAND USE APPROVAL.
(a) In all cases, the power to grant special approval is vested in the Township Board. All applications for special approval shall include a site plan in accordance with the requirements of Chapter 1293 and shall be submitted to the Department of Planning and Community Development for review and recommendation. A public hearing, in accordance with State law and after proper notice, shall be held by the Planning Commission in order to hear any comments or matters by any person on the application. The Planning Commission shall consider all comments in making recommendation to the Township Board.
In reviewing a request for special approval, the Planning Commission and Township Board shall consider each case individually and must find that, in addition to the minimum conditions as previously specified herein, each of the following conditions will also be met:
(1) The proposed use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding area and applicable regulations of the zoning district in which it is to be located.
(2) The proposed use shall be of a nature which will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular traffic flow, proximity and relationship to intersections, adequacy of sign distances and location and access to off-street parking.
(3) The proposed use shall be designed as to the location, size intensity, site layout and periods of operation of any such proposed use in order to eliminate any possible nuisance emanating therefrom, which might be noxious to the occupants of any nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke or lights.
(4) The proposed use shall be such that the proposed location or height of buildings or structures will not interfere with or discourage the appropriate development or use of adjacent land or unreasonably affect their value.
(b) The Township Board shall provide a statement of findings and conclusions relative to the special land use which specifies the basis for the decision and any conditions imposed. The Township Board may, upon recommendation from the Planning Commission, impose such conditions or limitations in granting approval which it deems necessary to fulfill the requirements set forth in subsection (a) hereof. Such conditions, imposed with respect to the approval of a special use, shall be recorded in the record of the approval action and shall remain unchanged.
(c) In all cases where a particular special use has been granted, application for a building permit must be made not later than eighteen months thereafter or such approval shall automatically be revoked.
(d) If the Township Board determines that the particular special use requested does not meet the standards of subsection (a) hereof or may be injurious to the public health, safety, welfare or orderly development of the Township, said Board shall deny the application and furnish the applicant written endorsement of the same which clearly sets forth the reasons for denial.
(Ord. Passed 10-30-23.)