(a)   Administrative Official. The Building Official shall administer and enforce this Zoning Code. He or she may be provided with the assistance of such other persons as Council may direct.

   If the Building Official finds that any of the provisions of this Zoning Code is being violated, he or she shall notify, in writing, the person responsible for such violation, or the owner of record of the lot upon which such violation is taking place, indicating the nature of the violation and ordering the action necessary to correct it. He or she shall order discontinuance of the illegal use of any lot or structure, removal of illegal structures or of illegal additions, alterations or structural changes, discontinuance of any illegal work being done or any other action authorized by this Zoning Code to ensure compliance with or to prevent violation of its provisions.

   (b)   Permits Required. No structure shall be erected, moved, added to, or structurally altered without a permit therefor, issued by the Building Official, except in conformity with the provisions of the Zoning Code in the case of a written approval for a conditional use permit from the Planning Commission, or a reversal on appeal, or a variance from the Board of Zoning Appeals, in accordance with the provisions of this Zoning Code.

   (c)   Certificates of Zoning Compliance for New, Altered or Nonconforming Uses. No person shall use, occupy, or permit the use or occupancy of any structure or premises, or part thereof, hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure, until a certificate of zoning compliance has been issued therefor by the Building Official stating that the proposed use of the structure or lot conforms to the requirements of this Zoning Code.

      (1)   No nonconforming structure or use shall be maintained, renewed, changed, or extended until a certificate of zoning compliance has been issued by the Building Official. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of this Zoning Code, provided that upon enactment or amendment of this Zoning Code, owners or occupants of nonconforming uses or structures shall have three (3) months to apply for certificates of zoning compliance. Failure to make such application within three (3) months shall be presumptive evidence that the property was a conforming use at the time of enactment or amendment of this Zoning Code.

      (2)   No permit for erection, alteration, moving or repair of any structure shall be issued until an application has been made for a certificate of zoning compliance. The certificate shall be issued in conformity with the provisions of this Zoning Code upon completion of the work.

      (3)   A temporary certificate of zoning compliance may be issued by the Building Official for a period not exceeding six (6) months during alterations for partial occupancy of a structure pending completion of such alterations, provided that such temporary certificates may include such conditions and safeguards as will protect the safety of the occupants and the public.

      (4)   The Building Official shall maintain a record of all certificates of zoning compliance, and a copy shall be furnished upon request to any person.

      (5)   Failure to obtain a certificate of zoning compliance shall be a violation of this Zoning Code punishable as provided in Section 1262.99.

   (d)   Authorized Construction and Use. Permits or certificates of zoning compliance shall be issued by the Building Official on the basis of plans and applications approved, where necessary, by the Planning Commission or the Board of Zoning Appeals and shall authorize only the use, arrangement and construction set forth in such approved plans or construction. A use, arrangement or construction at variance with that authorized shall be deemed a violation of this Zoning Code punishable as provided in Section 1262.99 .

(Res. 24-95. Passed 2-13-95; Ord. 2001-4. Passed 10-8-01.)

   Conditional use permit procedures set forth in this chapter are instituted to provide an opportunity to use a lot or parcel for an activity which, under usual circumstances, would be detrimental to other permitted land uses and cannot be permitted within the same district, but which can be permitted under circumstances unique to the proposed location, subject to conditions acceptable to the community and providing protection to adjacent land uses. These procedures are adopted to provide guidelines for the Planning Commission to follow in arriving at any decision over which the City has jurisdiction and to provide for the public health, safety, morals, and general welfare, as well as to provide for the interest of the property owner and the City.

(Res. 24-95. Passed 2-13-95.)

   (a)   An application for the approval of a conditional use shall be made by an owner of an interest in the land on which the conditional use is to be located, to the City Manager's office so that the conditional use application can be reviewed interdepartmentally and/or any revisions, corrections, or information necessary can be corrected or made available by the petitioner. This does not necessarily mean that upon review by the Planning Commission any further pertinent information will not be requested.

   (b)   Three (3) copies of the application and eight (8) copies of the site plan shall be filed, the same to be reviewed interdepartmentally and accompanied by the necessary fees and documents as required. The applicant will be notified of any corrections and/or modifications necessary within thirty (30) days. The applicant shall submit modified site plans to the City Manager or his or her designee, until there is interdepartmental compliance. The applicant shall submit eighteen (18) copies to the City Clerk thirty (30) days prior to the Planning Commission's next regular or special meeting intended for that purpose. Plans shall be prepared by a licensed professional architect, engineer, land surveyor, or community planner. The plans shall have the signature and seal of the licensed professional affixed thereon. This requirement may be waived at the discretion of the City Manager or his or her designee only after the City Manager or his or her designee determines that the scope of the project does not warrant such services. Drawings shall be to the scale of not less than one (1) inch equals twenty (20) feet if the subject property is less than three (3) acres, or not less than one (1) inch equals sixty (60) feet if three (3) acres or more. The information shall accompany all plans submitted for review and must comply with the procedures set forth in these Codified Ordinances and/or any other State laws or statutes and shall contain the following:

      (1)   Statistical data, including the number of dwelling units, the size of dwelling units (e.g., one (1) bedroom, two (2) bedrooms, and three (3) bedrooms), if any, and total gross acreage involved;

      (2)   The location of principal and accessory buildings on the lot and the relationship of each structure to another, including setbacks;

      (3)   Vehicular traffic and pedestrian circulation features within the site and adjacent to the site;

      (4)   The location and dimensions of all off-street parking areas, including maneuvering lanes, service lanes, off-street loading and unloading spaces, and other service areas within the development;

      (5)   The location, dimensions, and proposed use of all on-site recreation areas, if any;

      (6)   The location of all proposed landscaping, fences, or walls;

      (7)   The height and dimensions of all structures;

      (8)   Front, rear, and side elevations of any typical structure proposed for development;

      (9)   The location, size, and capacity of all existing and proposed private or public water facilities, storm, and sanitary sewer service facilities and solid waste disposal facilities servicing the site;

      (10)   The location, dimensions, and lighting of all signs;

      (11)   The location, intensity, and orientation of all lighting;

      (12)   A location map at a larger scale, indicating the relationship of the site to the surrounding land area;

      (13)   Pavement type and cross-section;

      (14)   Existing and proposed grades and bench mark, including the subject property and the relationship to adjacent property;

      (15)   Proof of property ownership or legal capacity to use the property;

      (16)   A legal description of the property;

      (17)   Floodplain shown if applicable;

      (18)   Existing and proposed easements; and

      (19)   All State of Michigan barrier-free design requirements.

   (c)   The conditional use permit application may be accompanied by an application for a zone change where such a zone change is necessary for the consideration of the application, provided that all applicable provisions for a zone change application have been complied with.

   (d)   The application and zone change application, if any, shall be reviewed interdepartmentally and, upon finding the application complete, the City shall instruct the applicant to submit proper copies to the City Clerk thirty (30) days prior the next regular or special Planning Commission meeting intended for that purpose. The Commission shall review and communicate its recommendation on the zone change application to Council within two (2) weeks after the regular or special Planning Commission meeting at which such application was considered.

   (e)   The Commission shall hear any person wishing to express an opinion on the application and review the conditional use permit application at its next regular or special meeting, intended for that purpose, provided that such meeting provides adequate time to notify adjacent property owners and post a notice of public hearing, as required. Notice procedures under Section 1262.19 shall be followed.

   (f)   (1)   The Commission shall, within two (2) weeks after the public hearing at which the application was considered, advise the applicant, the City Manager, the Building Official, the City Clerk, and Council of its findings regarding vehicular traffic circulation, geological considerations, air, water and land pollution, waste disposal and other problems which can be anticipated from the proposed activity, and of its approval, with any condition the Commission may find necessary, or of its disapproval, with its reasons in writing. The Commission may direct the applicant to comply with any condition which it deems necessary to provide for the public health, safety, and welfare of present or prospective occupants of the conditional use and of any lands contiguous to the proposed use, or deemed necessary for the prevention of any nuisance condition.

      (2)   Standards for approval shall be as follows:

         A.   The Planning Commission shall review the particular circumstances and facts applicable to each proposed conditional use in terms of the following standards and requirements and shall make a determination as to whether the use proposed to be developed on the subject parcel meets the following standards and requirements:

            1.   It will be harmonious with, and in accordance with, the general objectives of the Future Land Use Plan.

            2.   It will be designed, constructed, operated, and maintained in harmony with the existing and intended character of the general vicinity and so that such use will not change the essential character of that area.

            3.   It will not be hazardous or disturbing to existing or future neighboring uses.

            4.   It will represent a substantial improvement to property in the immediate vicinity and to the community as a whole.

            5.   It will be served adequately by essential public services and facilities, such as highways, streets, drainage structures, police and fire protection and refuse disposal, or persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately for such services.

            6.   It will not create excessive additional requirements at public cost for public facilities and services, or be detrimental to the economic welfare of the community.

            7.   It will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any person or property or the general welfare by reason of excessive smoke, fumes, glare, noise, vibration, or odors.

            8.   It will be consistent with the intent and purposes of this Zoning Code.

         B.   If the facts regarding the conditional use being reviewed do not establish by a preponderance of the evidence that the standards and requirements set forth in this Zoning Code will be met by the proposed use, the Planning Commission shall not approve a conditional use.

         In approving a conditional use permit, the Planning Commission may impose of such reasonable conditions of use as it deems necessary to protect the best interests of the City and the general vicinity, to achieve the objectives of this Zoning Code and to assure that the health, safety, and welfare of the general public will not be infringed upon.

         The Planning Commission may deny, approve, or approve with conditions, a request for conditional use approval. The decision on a conditional use shall incorporate a statement containing the findings and conclusions relative to the conditional use under consideration which specifies the basis for the decision and any conditions recommended.

         C.   Upon holding a public hearing and review of the conditional use request, the Planning Commission shall, within thirty (30) days, forward to the Building Official its finding and decision. The finding shall include a record of those conditions which are to be imposed. Any decision on such a request shall state the findings of fact and specify the conclusions drawn therefrom and any conditions imposed thereon. Any conditions imposed shall remain unchanged except upon the mutual consent of a majority of the Planning Commission and the land owner, and the Planning Commission shall maintain a record of all conditions that are changed. All records of proceedings hereunder shall be kept and made available to the public.

         A conditional use permit shall be issued by the Planning Commission upon approval. The Planning Commission shall forward a copy of the permit to the owner/applicant, the City Clerk, and the Building Official. The Building Official shall not issue a building permit until he or she has received a copy of the conditional use permit approved by the Planning Commission.

         D.   Any conditional use permit granted under this Zoning Code shall become null and void and all fees forfeited unless construction and/or use is commenced within twelve (12) months of the date of issuance of said conditional use permit, except that the Planning Commission may, at its discretion, upon application by the owner and for cause shown, provide for up to two (2) successive twelve (12) month extensions.

         A violation of any requirement, condition, or safeguard imposed hereunder shall be considered a violation of this Zoning Code and shall constitute grounds for termination of a previously granted conditional use permit.

         E.   The conditional use review and site plan review may occur concurrently with the mutual consent of the land owner and the Planning Commission; however, neither shall occur concurrently with a proposed amendment to the zoning map or text.

         F.   Any such disapproval may be appealed to the Board of Zoning Appeals under the provisions of this chapter. The Board shall consider such appeal as a petition for variance and subject to the same standards and relief.

   (g)   The Building Official shall, upon receipt of notice of approval and upon application by the applicant, accompanied by a receipt duly executed by the City Treasurer attesting to the payment of all required fees, issue a building permit for the approved conditional use, provided that he or she has found satisfactory compliance with all conditions precedent imposed by such approval.

(Res. 24-95. Passed 2-13-95; Res. 2007-02. Passed 7-11-07.)

   The purpose of this section is to specify the documentation required for administrative approval via plot plan or site plan approval for any proposed land use changes, provide an outline for the City Planning Commission and Zoning Administrator to ensure applications receive timely and consistent review, and ensure that any development within the City is consistent with this section promoting:

   (a)   Harmonious relationships of buildings, structures, and uses, both within a site and with adjacent sites.

   (b)   Safe and convenient traffic movement, both within a site and in relation or access streets.

   (c)   Conservation and protection of natural resources and proposals that are designed to be environmentally sound.

   (d)   Compliance with all applicable local, state, and federal laws.

(Res. 24-95. Passed 2-13-95; Ord. 2023-07. Passed 7-24-23; Ord. 2024-02. Passed 3-11-24; Ord. 2024-07. Passed 10-28-24.)

 

(Ord. 2023-07. Passed 7-24-23; Ord. 2024-02. Passed 3-11-24; Ord. 2024-07. Passed 10-28- 24.)

   (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. 2023-07. Passed 7-24-23; Ord. 2024-02. Passed 3-11-24; Ord. 2024-07. Passed 10-28-24.)

      (1)   Prior to review by the Planning Commission, all site plans shall be reviewed administratively by City staff to ensure compliance with the submittal requirements of this Zoning Code, and consistency with existing site zoning and the site development requirements of the zoning district in which the subject property is located.

      (2)   After administrative review of a site plan by the Site Plan Committee, the Zoning Administrator shall place the site plan on the Planning Commission agenda for review and action at the earliest available meeting. A site plan shall be approved, approved with conditions or disapproved by the City of Davison Planning Commission in accordance with the requirements of this Zoning Code.

      (3)   The Zoning Administrator or his or her designee shall notify the Planning Commission of all site plans scheduled for administrative review.

      (4)   Every site plan submitted for review shall be in accordance with the requirements of this Zoning Code. Administrative review procedures are not intended to modify any ordinance, regulation, or development standard.

      (1)   All plot plans shall be reviewed administratively by Zoning Administrator to ensure compliance with the submittal requirements of this Zoning Code, and consistency with existing site zoning and the site development requirements of the zoning district in which the subject property is located.

      (2)   After administrative review of a plot plan by the Zoning Administrator, the Zoning Administrator shall approve the plot plan, request revisions to plot plan, deny the plot plan, or recommend the plot plan be reviewed by the Planning Commission.

      (3)   Should revisions be requested to the plot plan, revisions shall be resubmitted to the Zoning Administrator in accordance with the procedure listed in Section 1262.07(b), above.

      (4)   Should the Zoning Administrator recommend review by the Planning Commission, the Zoning Administrator shall place the site plan on the Planning Commission agenda for review and action at the earliest available meeting. A plot plan shall be approved, approved with conditions or disapproved by the City of Davison Planning Commission in accordance with the requirements of this Zoning Code.

      (5)   The Zoning Administrator or his or her designee shall notify the Planning Commission of all plot plans scheduled for Planning Commission review.

      (6)   Every plot plan submitted for review shall be in accordance with the requirements of this Zoning Code. Administrative review procedures are not intended to modify any ordinance, regulation, or development standard.

         (Ord. 2023-07. Passed 7-24-23; Ord. 2024-02. Passed 3-11-24; Ord. 2024-07. Passed 10-28-24.)

 

(Ord. 2023-07. Passed 7-24-23; Ord. 2024-02. Passed 3-11-24; Ord. 2024-07. Passed 10-28-24.)

   (a)   Application for site plan review shall be made to the City Manager's office so that the application can be reviewed interdepartmentally and any revisions, corrections, or information necessary can be corrected and/or made available by the petitioner. Those uses identified in Table 1262-A as requiring a plot plan shall submit the information listed in Table 1262-B. Those uses identified in Table 1262-A as requiring a site plan shall submit the information listed below. This does not necessarily mean that upon review by the Planning Commission any further pertinent information will not be requested.

   (b)   Two (2) physical copies and an electronic copy of the application (in a readable format) shall be filed, the same to be reviewed interdepartmentally and accompanied by the necessary fees and documents as required. The applicant will be notified of any corrections and/or modifications necessary within thirty (30) days. The applicant shall submit modified site plans to the Zoning Administrator or his or her designee. Upon finding the application complete the City shall instruct the applicant to submit additional copies of application materials, upon request, to the Zoning Administrator thirty (30) days prior to the Planning Commission's next regular or special meeting intended for that purpose. Plans shall be prepared by a licensed design professional. The plans shall have the signature and seal of the licensed professional affixed thereon. Drawings shall be to the scale of not less than one (1) inch equals twenty (20) feet if the subject property is less than three (3) acres, or not less than one (1) inch equals sixty (60) feet if three (3) acres or more. The information shall accompany all plans submitted for review and must comply with the procedures set forth in these Codified Ordinances and/or in any state laws or statutes. Each site plan shall contain the following information:

         A.   Statistical data, including the number of dwelling units, the size of dwelling units (e.g., one (1) bedroom, two (2) bedrooms, and three (3) bedrooms), if any, and total gross acreage involved.

         B.   The title and date of the plan, including the date and nature of all subsequent revisions.

         C.   North arrow and scale. The scale shall be not less than one (1) inch equals twenty (20) feet for property under three (3) acres and at least one (1) inch equals sixty (60) feet for those three (3) acres or more.

         D.   A location map showing the site in relation to existing roads and developments within the City.

         E.   The dimensions of all lot and property lines, showing the relationship of the subject property to abutting properties.

         F.   The zoning classification of the petitioner's parcel and all abutting parcels.

         G.   The location and height of all existing and proposed structures on and within one hundred (100) feet of the subject property.

         H.   The location and the pavement and right-of-way width of all abutting roads and streets, and driveway locations on abutting public streets. The location of all easements of record.

         I.   The name, address, and telephone number of the property owner or petitioner.

         J.   The name, firm address, and telephone number of the professional civil engineering or architectural firms responsible for the preparation of the site plan (including an imprint of the professional seal).

         K.   Notation of City, county, or state license/permits required and/or secured.

         L.   The method of waste collection.

         M.   A statement on intended phases of the project with boundaries of other phases shown with phantom lines.

         N.   All required setbacks for front, side, and rear yards.

         A.   Existing and proposed topography with contours at two (2)-foot intervals (based on USGS datum), extending a minimum of two hundred (200) feet beyond site boundaries.

         B.   Description of soil erosion and sedimentation control measures.

         C.   The location of clusters of trees on site and all existing trees over twenty-four (24) inches in diameter.

         D.   The location of existing wetlands.

         E.   The location of floodplains, drainage courses, lakes, ponds, drains, rivers, and streams, including their water surface elevation, floodplain elevation, and normal high water elevation.

         F.   Soil characteristics of the parcel utilizing information provided by the U.S. Soil and Conservation Services "Soil Survey of Genesee County".

         G.   A grading plan showing finished contours at a maximum interval of two (2) feet, correlated with existing contours so as to indicate required cutting, filling, and grading.

         A.   A schedule of parking needs. Separate drawings may be submitted to indicate usable floor areas, etc., for computation of parking needs. Each individual parking space shall be indicated including typical parking space dimensions for regular and handicapped spaces and type of lot surfacing.

         B.   A note specifying maintenance of paved surfaces and other improvements as follows:

         C.   The location of all trash receptacles and the location, height, and type of fences and walls to screen receptacles.

         D.   The location of existing and proposed fire hydrants, water mains, pump houses, standpipes, and building services, and sizes, including proposed connections to public sewer or water supply systems and/or considerations for extensions to loop other public water mains in adjacent public rights-of-way.

         E.   The location and dimension of required easements for public rights-of-way, utilities, access and shared access.

         F.   The proposed finish grade of buildings, driveways, walkways, parking lots, and lawned areas.

         G.   Proposed sanitary sewer facilities and the location of all existing utilities, easements and vacations and the general placement of lines, tie-ins to buildings, pump stations, and lift stations.

         H.   A description of a feasible storm drainage system and proposed storm sewer facilities (sewers and appurtenances), including catch basins, outlets, enclosed or open ditches, and proposed swales for the retention of off-site drainage.

         I.   Storm water calculations to permit review of any proposed retention of drainage.

         J.   Front, rear, and side elevations of proposed buildings and proposed types of building materials, roof design, projections, canopies and overhangs, screen walls and accessory buildings, and any other outdoor mechanical equipment, i.e., air conditioning, heating units, etc.

         K.   Traffic and pedestrian circulation patterns, both within the site and on the public streets adjacent to the site and the proposed location and dimensions of any pedestrian sidewalks, malls, and open areas for parks and recreation either required or otherwise deemed necessary by the Planning Commission.

         L.   Entrance details including sign locations and size.

         M.   Plans and specifications (height, cross sections, materials) for greenbelts, berms, fences, walls, or other protective barriers required by this Zoning Code.

         N.   Designation of fire lanes.

         O.   A detailed landscape plan, in conformance with the requirements of Sections 1288.22 and 1288.23, indicating the location, type, and size of trees, plants, berms, etc.

         P.   A note specifying annual landscape maintenance procedures such as the following:

         Q.   A note on the location and type of outdoor lighting, proposed illumination patterns, and the method of screening to prevent glare onto adjacent streets and properties.

         R.   The location, height, and area of all signs.

         S.   The location of any outdoor storage of material(s) and the manner in which it shall be screened or covered.

         T.   Information and plans for the storage, loading, disposal and transfer of any hazardous/toxic waste (gas, oil, transmission fluid, lubricants, solvents, etc.) If any underground tank is used, the location, size, construction and use of the tank shall be specified on the site plan.

         A.   Information and special data which may be critical to the adequate review of the proposed use and its impact on the site or City. Such data requirements may include traffic studies, site investigation reports, environmental assessments (including inventory and impact data on flora, fauna, natural resources, historic sites, hazardous materials, erosion control and pollution), demands on public facilities and services and estimates of potential costs to the City due to failures as a basis for performance guarantees.

         B.   Recreation and open space areas for residential development projects which shall be provided where deemed necessary by the Planning Commission.

         C.   Other data which the City may reasonably deem necessary for adequate review.

         D.   With residential proposals, a site summary indicating the number and location of one (1) bedroom unit, two (2) bedroom units, etc.; typical floor plans with the square feet of floor areas; density computation; recreation facilities; open spaces; street names; and lot coverage. A statement as to whether the project is to be a condominium, cooperative or rental shall also be provided.

         E.   With nonresidential proposals, the number of offices, the number of employees, the number of floors, typical floor plans, and the gross and usable floor area.

         F.   With residential proposals, details of a community building, swimming pool and fencing, and carport locations, if proposed.

         A.   The site plan shall be referred, within fifteen (15) days after the Zoning Administrator has made a determination of a complete application, to the Planning Commission for its review and evaluation at its next regular or special meeting intended for that purpose.

         B.   The Commission shall review and communicate its approval or recommend site plan modifications to the applicant within not more than forty-five (45) days after receipt of the site plan. In cases where modifications have been recommended, the applicant shall resubmit a site plan incorporating those modifications to the Commission for its review. The same number of copies shall be provided as was the case for the original submission.

            1.   The Commission shall approve a site plan only upon a finding that the proposed use will not, upon the facts known at the time of submission of the site plan, cause undue hardship, or create unsafe or hazardous health or safety conditions, or create a nuisance condition to the detriment of adjoining land users or the general public.

            2.   Any required modification shall be directed to the specific elimination of unsafe or hazardous health or safety conditions or the prevention of nuisance conditions, and shall be so noted.

         C.   Upon receipt of the modified site plan, the Planning Commission shall evaluate the changes that have been made and, if deemed acceptable, shall communicate its approval of the site plan to the applicant within not more than forty-five (45) days after receipt of the modified site plan.

            1.   Such modified site plan may be disapproved for any inadequacy found to be detrimental to the public health, safety, and general welfare.

            2.   The Planning Commission retains the right to waive specific site plan requirements noted within Section 1292.09(b) upon request of the applicant, in the event that a waiver is issued, the Planning Commission shall document specific reasons why a waiver is granted.

            3.   Any site plan approval granted under this Zoning Code shall become null and void and all fees forfeited unless construction and/or use is commenced within twelve (12) months of the date of issuance of said site plan approval, except that the Planning Commission may, at its discretion, upon application by the owner and for cause shown, provide for up to two (2) successive twelve (12) month extensions.

            4.   Any such disapproval may be appealed to the Board of Zoning Appeals under the provisions of this chapter. The Board shall consider such appeal as a petition for a variance and subject to the same standards and relief.

(Res. 24-95. Passed 2-13-95; Ord. 2023-07. Passed 7-24-23; Ord. 2024- 02. Passed 3-11-24; Ord. 2024-07. Passed 10-28-24.)

   It is the intent of this section to insure that the purpose and intent of this Zoning Code is fulfilled through the submittal of a site investigation report which contains the information as provided in this section.

      (1)   All uses referenced in division (b), above, shall be evaluated by the Planning Commission to determine whether the use presents a heightened risk to adversely impact surrounding property owners and the larger community. If one (1) or more of the following standards presented in divisions (b)(1)A. to C. below, is found to be true, the Planning Commission shall require the applicant to prepare a site investigation report:

         A.   The proposed use has the potential to involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any person or property or the general welfare by reason of excessive smoke, fumes, glare, noise, vibration, or odors.

         B.   The proposed use has the potential to create excessive additional requirements at public cost for public facilities and services, or be detrimental to the economic welfare of the community.

         C.   The proposed use has the potential to be hazardous or disturbing to existing or future neighboring uses.

      (1)   A description of the proposed project, including the location, purpose, and extent of the project.

      (2)   The existing zoning and building requirements for the proposed project.

      (3)   Whether any local, state, and federal permits are required for the project and, if so, a designation of those required local, state, and federal permits.

      (4)   A description of the natural and cultural features of the project, including, but not necessarily limited to:

         A.   A description of the topography of the land and soil.

         B.   The existing water resources, including surface water, groundwater, drainage, floodplains and wetlands, water quality, and the effect of the project on any aquifer and neighboring wells.

         C.   A description of the existing vegetation, habitat, and wildlife.

         D.   A description of the proposed land use, water use, economic, and social conditions, any archaeological and historical resources and community facilities and services which are in existence.

      (5)   A statement describing the environmental impact of the proposed project, which shall include the following:

         A.   A description of the impact on the topography and soils, including any disruption, erosion, etc.

         B.   A description of the impact on water resources, including:

            1.   Potential for surface water contamination and efforts to protect surface water bodies;

            2.   Potential for groundwater contamination and efforts to protect groundwater;

            3.   The effect of any water discharges, increased storm water runoff, or alteration of natural drainage;

            4.   A description of the water quality of both surface and groundwater;

            5.   A description of the susceptibility of the project to flooding;

            6.   A description of any wetlands impact; and

            7.   An analysis of prevailing winds, including impacts of odors and efforts to mitigate odor, control of fugitive dust emissions, road dust, etc.

      (6)   The site investigation report shall summarize the impact on terrestrial ecosystems (the relationship between the land resources and the organisms which depend upon them), including a description of the impact on the following:

         A.   The vegetation and habitat, describing in particular whether there would be any alteration and/or loss to said vegetation and habitat.

         B.   The impact on wildlife, including any disruption of habitat and whether the project would affect any endangered or rare species of wildlife, wetland inventories, and migratory bird habitats.

      (7)   The site investigation report shall summarize the environmental impact on aquatic ecosystems (the relationship between the water resources and the organisms which depend on them), which shall include a summary of the impact on the following:

         A.   The fish species, including the impact on the type and number of fish species.

         B.   The effect on the habitat, including whether said habitat will be altered or disrupted.

      (8)   The site investigation report shall summarize the environmental, impact on the actual cultural environment, which shall include a summary of the following:

         A.   The effect on neighboring land and water uses.

         B.   The impact on economic and social conditions, including the economy, lifestyles, changes in property values, and alterations in potential development options of the surrounding neighborhoods.

         C.   Social impact analysis, including changes and impacts on individuals in the community affected by the activity, which may include aesthetic and psychological impact.

         D.   The effect on the habitat, including whether said habitat will be altered or disrupted.

         E.   The impact on community facilities and services, including, but not limited to, schools, roads, police and fire services, etc. An impact analysis of local roads and traffic patterns surrounding and including the site before, during and after construction shall be provided.

(Res. 24-95. Passed 2-13-95; Ord. 2023-07. Passed 7-24-23; Ord. 2024-02. Passed 3-11-24; Ord. 2024-07. Passed 10-28-24.)

   Any site plan approval shall be revoked when construction of said development is not in conformance with the approved plans, in which case the Planning Commission and/or Zoning Administrator shall give the applicant notice of intention to revoke such approved plans at least ten (10) days prior to review of the violation by the Planning Commission and/or Zoning Administrator. After conclusion of such review, the Planning Commission and/or Zoning Administrator shall revoke its approval of the development if the Commission and/or Zoning Administrator determines that a violation in fact exists and has not been remedied prior to such hearing. The approval by the Planning Commission and/or Zoning Administrator of any site plan under the provisions of this Zoning Code shall expire and be considered automatically revoked one (1) year after the date of such approval unless actual construction has commenced and is proceeding in accordance with the issuance of a valid building permit. If such construction activity ceases for any reason for a period of more than one (1) year, any subsequent use of said land shall be subject to review and approval of a new site plan for said property in conformance with the provisions of this Zoning Code, except that the Planning Commission may, at its discretion, upon application by the owner and for cause shown, provide for up to two (2) successive twelve (12)-month extensions.

(Res. 24-95. Passed 2-13-95; Ord. 2023-07. Passed 7-24-23; Ord. 2024-02. Passed 3-11-24; Ord. 2024-07. Passed 10-28-24.)

    Fees for the review of site plans shall be established by resolution of the City Council.

(Res. 24-95. Passed 2-13-95; Ord. 2023-07. Passed 7-24-23; Ord. 2024-02. Passed 3-11-24; Ord. 2024-07. Passed 10-28-24.)

   (a)   In the process of reviewing the site plan, the Planning Commission and/or Zoning

Administrator shall consider:

      (1)   Single-family subdivision and site condominium development.

      (2)   The location and design of driveways providing vehicular ingress to, and egress from, the site in relation to streets giving access to the site and in relation to pedestrian traffic.

      (3)   The traffic circulation features within the site and the location of automobile parking areas, and may make such requirements with respect to any matters as will assure:

         A.   Safety and convenience of both vehicular and pedestrian traffic both within the site and in relation to access streets; and

         B.   Satisfactory and harmonious relations between the development of the site and the existing and prospective development of contiguous land and adjacent neighborhoods.

   (b)   The Planning Commission and/or Zoning Administrator may further require 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 are appurtenant.

   (c)   In approving the site plan/plot plan, the Planning Commission and/or Zoning Administrator may recommend marginal access drives. For a narrow frontage, which will require a single outlet, the Planning Commission may recommend that money be placed in escrow, pursuant to Section 1262.14, with the City so as to provide for a marginal service drive equal in length to the frontage of the property involved. Occupancy permits shall not be issued until the improvement is physically provided or monies have been deposited with the City Treasurer.

   (d)   The Planning Commission and/or Zoning Administrator shall consider the installation, erection and construction of transmission systems for essential services.

   (e)   The Planning Commission and/or Zoning Administrator shall require marginal access drives for all residential developments having residential lots or sites facing onto major thoroughfares. Where practical, the Planning Commission and/or Zoning Administrator shall require a rear lot relationship to major thoroughfares.

   (f)   Where the City has adopted specific area or neighborhood improvement or redevelopment plans and recommendations involving, but not limited to, public rights-of-way, utilities and storm drainage, parking facilities, building placement, access drives, floor space density allocations, building facade and architectural treatment, no site plan and/or building permit shall be approved unless there is general compliance with such City plan.

(Res. 24-95. Passed 2-13-95; Ord. 2023-07. Passed 7-24-23; Ord. 2024-02. Passed 3-11-24; Ord. 2024-07. Passed 10-28-24.)

   To ensure compliance with this Zoning Code with the conditions imposed hereunder, by all residential and commercial builders and any individual owner who shall submit a plan for the construction of a building or buildings valued in excess of ten thousand dollars ($10,000), the Planning Commission may require a surety bond or a cash deposit of the full amount of the estimated cost of the incomplete improvements as determined by the Building Official. In the event of a surety bond, such bond shall name the City of Davison as the oblige. In the event of a cash deposit, such cash deposit is to be deposited with the City Treasurer to ensure faithful completion of the improvements and is subject to the following:

   (a)   The performance guarantee shall be deposited at the time of the application for a certificate of occupancy is requested. The City shall return the performance guarantee on deposit upon verification by the Building Official that all work and improvements have been satisfactorily completed. The return of the performance guarantee does not relieve the applicant from satisfying all applicable maintenance warranties and/or guarantees necessary to ensure the proper functioning of said projects.

   (b)   As used in this section, "improvements" means those features and actions associated with a project which are considered necessary by the body or official granting approval, to protect natural resources, or the health, safety, and welfare of the residents of the City and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening, landscaping, and surface drainage.

(Res. 24-95. Passed 2-13-95; Ord. 2023-07. Passed 7-24-23; Ord. 2024-02. Passed 3-11-24; Ord. 2024-07. Passed 10-28-24.)

      (1)   Any proposal for an amendment to this Zoning Code text or map may be initiated by any qualified voter, resident in the City, upon filing with the City Clerk a petition containing the proposed text or map change and endorsed by City electors numbering not less than five (5) percent of the number of City electors voting for the office of Governor at the last election at which a Governor was elected, accompanied by any necessary documents.

      (2)   Any proposal for an amendment to the Zoning Map may be initiated by any owner of an interest in the lot as to the rezoning of such lot, upon filing with the City Clerk a petition proposing the zone change, accompanied by a map at a scale of not less than one (1) inch equals fifty (50) feet, showing the subject parcel in relation to adjoining parcels of land, and the necessary fees for such zone change.

      (3)   Any proposal for an amendment to the Zoning Code text or map may be initiated by Council or the Planning Commission, upon filing with the City Clerk a resolution, duly adopted, proposing an amendment.

      (1)   The Planning Commission shall conduct at least one (1) public hearing with notice given in accordance with Section 1262.19.

      (2)   Following such hearing, the Commission shall process the proposed Zoning Code amendments in accordance with the procedures outlined in Act No. 110 of the Public Acts of 2006, as amended.

(Res. 24-95. Passed 2-13-95; Res. 2007-02. Passed 7-11-07; Ord. 2023-07. Passed 7-24-23.)

   (a)   Fees, charges and expenses shall be assessed as part of the applications for conditional use permits, variances, appeals, certificates of zoning compliance, inspections, and amendments, to defray expenses incurred in processing such applications.

   (b)   Council shall establish a schedule of fees, charges and expenses and a procedure for their collection. The schedule of fees, charges and expenses shall be conspicuously posted in the Municipal Building. The schedule of fees, charges and expenses may be altered or amended by resolution duly adopted by Council.

   (c)   No action shall be taken on any application or appeal until all applicable fees, charges and expenses have been paid in full.

(Res. 24-95. Passed 2-13-95; Ord. 2023-07. Passed 7-24-23.)

   The holder of every permit for the construction, erection, alteration, repair, or moving of any building, structure, or part thereof, shall notify the Building Official immediately upon the completion of the work authorized by such permit for a final inspection.

(Res. 24-95. Passed 2-13-95; Ord. 2001-4. Passed 10-8-01; Ord. 2023-07. Passed 7-24-23.)

   This Zoning Code and the various parts, sections, subsections, provisions, sentences and clauses thereof are hereby declared to be separable. If any part, section, subsection, provision, sentence or clause is adjudged unconstitutional or invalid, it is hereby declared that the remainder of this Zoning Code shall not be affected thereby.

(Res. 24-95. Passed 2-13-95; Ord. 2023-07. Passed 7-24-23.)

         A.   Describe nature of the request: Identify whether the request is for a rezoning, text amendment, conditional use, planned unit development, variance, appeal, ordinance interpretation, or other purpose.

         B.   Location: 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 eleven (11) or more adjacent properties are proposed for rezoning, or when the request is for an ordinance interpretation not involving a specific property.

         C.   When and where the request will be considered: Indicate the date, time and place of the public hearing(s).

         D.   Written comments: Include a statement describing when and where written comments will be received concerning the request. Include a statement that the public may appear at the public hearing in person or by counsel.

         E.   Handicap access: Information concerning how handicap access will be accommodated if the meeting facility is not handicap accessible.

         A.   General. When the provision of this Zoning Code or State law require that personal or mailed notice be provided, notice shall be provided to:

            1.   The owners of property for which approval is being considered, and the applicant, if different than the owner(s) of the property.

            2.   Except for rezoning requests involving eleven (11) or more adjacent properties or an ordinance interpretation request that does not involve a specific property; to all persons to whom real property is assessed within 300 feet of the boundary of the property subject to the request, regardless of whether the property or occupant is located within the boundaries of the City. If the name of the occupant is not known, the term “occupant” may be used in making notification. Notification need not be given to more than one (1) occupant of a structure, except that if a structure contains more than one (1) dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one (1) occupant of each unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one (1) occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four (4) dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. The applicant shall provide the Building Official with a list of such persons along with the application.

            3.   All neighborhood organizations, public utility companies, railroads and other persons which have requested to receive notice pursuant to subsection (b) hereof, registration to receive notice by mail.

            4.   Other governmental units or infrastructure agencies within one (1) mile of the property involved in the application.

         B.   Notice by mail/affidavit. Notice shall be deemed mailed by its deposit during normal business hours for delivery with the United States postal service or other public or private delivery service. The Building Official shall prepare a list of property owners and registrants to whom notice was mailed, as well as anyone to whom personal notice was delivered.

(Res. 2007-02. Passed 7-11-07; Ord. 2009-03. Passed 6-22-09; Ord. 2023-07. Passed 7-24-23.)

      (1)   The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation, may each be found guilty of a separate offense and suffer the penalties herein provided.

      (2)   A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

(Res. 24-95. Passed 2-13-95.)