(a)

The city council may of its own motion, or shall upon petition signed by the owners of a majority of the property proposed for rezoning, prepare an ordinance amending or changing the district boundaries or the regulations herein established. The ordinance shall, upon introduction thereof, be referred to the planning commission for review and recommendation. Prior to submitting its recommendation to the city council, the commission shall hold a public hearing, following notice thereof as required by section 202 of the Michigan Zoning Enabling Act, MCL 125.3202. For applications that require the submission and review of a traffic impact study under division 4 of this article, the required study shall be submitted with the application and forwarded to the city engineer for review. The study and the city engineer's report shall be submitted to the transportation commission for review. Final action on the application shall not be taken by the planning commission until the transportation commission has had the opportunity to review and comment on the application at a regular meeting. The city council shall, on receipt of the report of the planning commission, set a date for a public hearing for consideration of such proposed amendment, supplement or change. After public hearing upon such proposed amendment, supplement or change, following notice thereof as required by section 202 of the Michigan Zoning Enabling Act, MCL 125.3202, the city council may act upon the adoption thereof, with or without amendment. Whenever a written protest against such proposed amendment, supplement or change, signed by the owners of 20 percent or more of the area of land proposed to be altered or by the owners of 20 percent of the area of land within 100 feet of any part of the boundary of the land proposed to be altered, excluding any publicly-owned land from either calculation, shall have been filed with the city council, the ordinance providing for such proposed amendment, supplement, or change shall not be passed except by a two-thirds vote of all members of the city council.

(b)

In reviewing an ordinance for the rezoning of land, whether with or without an offer of conditions, factors that should be considered by the planning commission and the city council include, but are not limited to, the following:

(1)

Whether the rezoning is consistent with the policies and uses proposed for that area in the city's comprehensive land use plan;

(2)

Whether all of the uses allowed under the proposed rezoning would be compatible with other zones and uses in the surrounding area;

(3)

Whether any public services and facilities would be significantly adversely impacted by a development or use allowed under the requested rezoning; and

(4)

Whether the uses allowed under the proposed rezoning would be equally or better suited to the area than uses allowed under the current zoning of the land.

(c)

Following adoption of an ordinance to amend, supplement or change the district boundaries or the regulations herein established, the ordinance shall be filed with the city clerk and a notice of the ordinance adoption shall be published and mailed in accordance with the requirements of section 401 of the Michigan Zoning Enabling Act, MCL 125.3401. The ordinance shall take effect upon the expiration of seven days after its publication, unless a later effective date is specified by the city council, or unless a notice of intent to file a petition seeking to submit the ordinance to the electors of the city for action is filed with the city clerk in accordance with the provisions of section 402 of the Michigan Zoning Enabling Act, MCL 125.3402.

(Code 1994, ch. 55, § 5.141; Ord. No. 1157, 11-8-2006; Ord. No. 1162, 4-17-2007; Ord. No. 1252, 3-20-2012)

Fees shall be paid upon the filing of the appropriate application and shall not be refundable unless otherwise specifically provided in this Code. A schedule of fees and costs shall be proposed by the city manager in consultation with the planning commission and zoning board of appeals and adopted by city council by resolution.

(Code 1994, ch. 55, § 5.141A)

(a)

Buildings erected, altered, razed, or converted, or uses carried on in violation of any provision of this chapter, are hereby declared to be a nuisance. The court shall order such nuisance abated, and the owner and/or agent in charge of such building or land shall be adjudged guilty of maintaining a nuisance.

(b)

For any and every violation of the provisions of this chapter, the owner, agent, architect, builder, lessee, or tenant of the land or building or part thereof where violation has been committed or exists shall be guilty of a misdemeanor; and the owner, agent, architect, builder, or any person who commits, takes part, or assists in such violation of any of the provisions of this chapter, or any person who maintains any building or land in or on which such violation exists, shall be guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction, shall be punished by a fine of not more than $100.00 for each offense, or shall be punished by imprisonment in jail for a period not to exceed 90 days, or both such fine and imprisonment at the discretion of the court. In case the owner, lessee, or tenant is an unincorporated association or a nonprofit membership corporation, every member of such association or corporation shall be deemed guilty of a misdemeanor as herein provided and subject to the penalties herein specified. Each day that a violation is permitted to exist shall constitute a separate offense.

(c)

The city or any interested party may apply to any court of competent jurisdiction to restrain any person, firm, or corporation from such disobedience or threatened violation, notwithstanding such disobedience or violation may be punishable by a fine or imprisonment above provided.

(d)

The director of planning, building and development and his/her appointed officers and inspectors, limited duty parking and property maintenance officers appointed and assigned by the chief of police, and sworn police officers shall be authorized to issue and serve appearance tickets with respect to any misdemeanor violations of this chapter pursuant to MCL 764.9c(2), and to issue and serve citations for any violation of this chapter designated as a municipal civil infraction as defined by section 113(1) of the Revised Judicature Act of 1961, as amended, in the form and manner provided by sections 8707 and 8709 of the Revised Judicature Act.

(e)

For the occupancy of a rooming and/or dwelling unit in violation of the maximum occupancy provisions of this chapter, the owner and/or agent shall be responsible for a municipal civil infraction as defined by section 113(1) of the Revised Judicature Act (MCL 600.113(1)), and upon finding of responsibility before any court of competent jurisdiction shall be punished by a civil fine of not less than $250.00 and not more than $500.00 for each offense. In case the owner or agent is an unincorporated association or a nonprofit membership corporation, every member of such association or corporation shall be deemed responsible for a municipal civil infraction as herein provided and subject to the civil penalties herein specified. Each day that a violation is permitted to exist shall constitute a separate offense. Cases commenced under this chapter as municipal civil infractions for over-occupancy shall be commenced by the issuance of a citation in the manner provided by section 8707 of the Revised Judicature Act and shall contain the information and be processed under the provisions of sections 8709 and 8711 of the Revised Judicature Act.

(1)

A person found responsible by the judge or district court magistrate for any violation of this chapter charged as a municipal civil infraction shall pay the stipulated civil fine and costs to be determined by the court or magistrate, which may include all expenses, direct and indirect, to which the city has been put in connection with the municipal civil infraction, up to the entry of the judgment. Costs of not less than $9.00 or more than $500.00 shall be ordered.

(2)

In addition to ordering the defendant to pay a civil fine, costs and expenses, the judge or district court magistrate may issue such writs or injunctive orders as necessary to abate a nuisance as provided in section 2940 of the Revised Judicature Act, or issue any judgment, writ, or order necessary to enforce the city ordinance as provided in section 8302 of the Revised Judicature Act.

(f)

The rental housing license shall be considered notice of the maximum occupancy for a dwelling, and no additional notification shall be required upon identification of any and every occupancy violation.

(Code 1994, ch. 55, § 5.142; Ord. No. 1313, 3-4-2014)

(a)

To administer and enforce regulations and restrictions hereafter set forth, there are hereby established the offices of planning and zoning official and building official to be filled by appointees of the city manager, subject to approval by the city council.

(b)

The planning and zoning official and building official may delegate clerical, filing, and recording work to the clerical employees of the city. They shall be responsible for the enforcement of all the provisions of this chapter as described hereunder; and they and their authorized assistants, where properly identified, shall have the authority to enter any premises, at any reasonable time, for the purpose of investigating or inspecting any building conditions. It shall be the duty of the planning and zoning official and/or building official to receive and examine all applications for approval and/or permits as required by this chapter and to approve or reject such applications as described hereunder. They shall collect all special fees established hereby and turn them in daily to the city treasurer. They shall make such inspections as are necessary, and they shall have authority to revoke a permit as hereinafter provided.

(c)

Authority given to any person or board under this chapter shall be construed as adding to and not taking from the authority held under any other chapter or ordinance of the city. The powers and duties contained in this chapter shall be construed as separate and distinct from authorities or duties required of any official or board under any other chapter or ordinance of the city, and shall not be construed as conflicting therewith or limiting the scope thereof.

(Code 1994, ch. 55, § 5.146)

Cross reference— Officers and employees, § 2-61 et seq.

(a)

Before proceeding with the erection, alteration, repair, moving, or removing of any building, or part thereof, an owner or his/her or its authorized agent shall obtain a permit from the building official. The applicant for a permit must file with his/her or its request a set of plans and written specifications sufficient to indicate clearly and fully the nature of the contemplated work and the kind and quality of materials to be used therein, together with an estimate of the cost. Drawings shall be made to scale not less than one-eighth inch equal to one foot, and shall indicate clearly the size of structural members, walls, and openings, the position of the building on the site with reference to property and street lines and adjacent buildings, and such other information as may be necessary to provide for the enforcement of these regulations. It shall be the duty of all lot owners to have located accurately all corners and boundaries of their properties prior to building thereon.

(1)

Permits for or including solar energy systems must also include the property's energy usage over the last 12 months, the projected energy output of the installed energy system over a 12-month period, and all other information necessary for the building official to ensure that building, electrical, and safety codes are met.

(b)

A record of such applications and plans shall be kept in the office of the building official for such period of time as the city manager deems necessary.

(c)

For applications for permits for activities which require review and approval by the planning and zoning official, the zoning board of appeals, the planning commission or the city council under the provisions of this chapter, the building official shall forward the application to the planning and zoning official for review and processing. When such review has been completed, the planning and zoning official shall advise the building official of the actions taken before any building permit may be issued.

(d)

When the plans submitted have been found to conform with the requirements of this chapter, the building official shall issue a permit and affix to the plans an official stamp of approval.

(e)

When alterations begin or when the footings of a building have been constructed and before the completion of the foundation walls and also at the time of the completion of the frame and skeleton construction, the owner, contractor, or his/her or its agent shall notify the building official in writing in order that the inspection may be made at each of those times.

(f)

The building official shall make a final inspection of all buildings after completion, before occupancy begins, upon receiving notice from the owner, contractor, or his/her or its agent, that said building is ready for such final inspection. If such buildings or alterations comply with the statements in the application, plans, working drawings, and specifications, a certificate of occupancy shall be issued as hereinafter provided.

(g)

Whenever it is found that a permit has been issued in violation of this chapter or any other chapter of the City Code or state law, or in consequence of a false statement or misrepresentation of conditions, or whenever it is found that work is not being performed in accordance with the plans and specifications on which the permit issued is based, the building official shall notify the person to whom the permit was issued to appear before him/her at a stated time and place and show cause why the permit shall not be revoked. If after such a hearing it shall appear that the permit was improperly obtained or that the work is being improperly done, or if the holder of the permit, or his/her or its authorized agent fails to appear at the stated time of the hearing, the building official shall issue a written order revoking the permit. The posting of a copy of such order upon the premises shall constitute service thereof upon the owner, or the contractor, or his/her or its agent in charge of the work. No other permit shall thereafter be issued to any person held to be violating any provision of this chapter or any other chapter of the City Code or state law until all conditions prompting the revocation of the initial permit have been satisfactorily corrected. Failure of the building official to serve notice of any violation at the time of occurrence shall not relieve the holder of the permit from responsibility for such violation.

(h)

Permits for structures on which work has not started within six months following the date of issue, or on which all permitted work has not been completed within 24 months following the date of issue and permits for structures upon which work has been abandoned for a period of six months, shall lapse and cease to be in effect. The building official shall notify the person to whom the permit is issued of the expiration date of the permit. The building official may for good cause authorize a single extension of the time period to complete for not more than 12 additional months. If the building official does not authorize a request to extend the time period of the permit prior to the expiration date, the person to whom the permit was issued may appeal to the zoning board of appeals and show cause why the permit should not lapse. Following a public hearing the zoning board of appeals may grant an extension of the permit for a period not to exceed 12 additional months for good cause, and upon finding that the extension would not unduly affect neighboring properties or the public health, safety, or welfare. An appeal to the zoning board of appeals prior to the expiration date shall stay the expiration of the permit until final action by the board. Where a building permit has lapsed and a structure does not meet the minimum structural requirements of chapter 6 or where a premises does not meet the grading and soil erosion requirements of chapter 34 of this Code, the structure or premises shall be deemed a public nuisance and an unsafe or dangerous building within the meaning of chapter 6 and the building official may proceed to abate the condition in the manner provided by chapter 6. For permits issued prior to the effective date of the ordinance from which this chapter is derived, the time limits specified above shall apply commencing on the effective date of such ordinance.

(Code 1994, ch. 55, § 5.147; Ord. No. 1530, 5-21-2024)

(a)

Purpose. Site plan approval is necessary to ensure that all land is used and developed in compliance with the requirements of this chapter and other applicable local ordinances and state and federal statutes. Site plan approval is also required to minimize adverse impacts on surrounding properties, public streets and public services and to protect the public health, safety and general welfare.

(b)

When required. An approved site plan shall be required to establish, construct or reconstruct all uses as specified in the use district regulations of this chapter. Except as otherwise provided in the use district regulations or in paragraph (k) below, an approved site plan shall also be required to expand or convert such uses if the expansion or conversion would result in an increased parking requirement as determined in accordance with section 50-812 of this chapter. No certificate of occupancy and no building permit for the erection, enlargement, or conversion of a building or structure shall be granted by the building official unless the required site plan has been approved in accordance with the requirements set forth in this section.

(c)

Approval generally. A site plan application shall be approved if it contains all the required submission materials specified in subsection (e) below, meets the required conditions for development in this chapter, satisfies the standards of review in section 50-38 of this chapter, complies with all other applicable local ordinances and state and federal statutes, and is consistent with the objectives of the comprehensive plan as approved and amended by the city.

(d)

Conditions of approval. A site plan may also be approved subject to reasonable conditions or certain modifications necessary to ensure that the plan conforms to these requirements. Such conditions may include those necessary to insure that public services and facilities affected by the proposed land use or activity will be capable of accommodating increased service and facility loads caused by the development, to protect the natural environment and conserve natural resources and energy, to preserve natural features, to insure compatibility with adjacent land uses, and to promote the use of land in a socially and economically desirable manner. Such conditions shall do all the following:

(1)

Be designed to protect natural resources, the health, safety, and welfare, as well as the social and economic well-being of those who will use the land use or activity under consideration, the residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

(2)

Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity.

(3)

Be necessary to meet the intent and purpose of the zoning regulations; be related to the standards established in the ordinance for the land use or activity under consideration; and be necessary to ensure compliance with those standards.

(e)

Submission procedure. Applications shall be submitted to the planning and zoning official and shall include the following items:

(1)

An application for site plan approval, on a form to be provided by the planning and zoning official, signed by the owner and the prospective developer of the property;

(2)

The application review fee(s) specified in section 50-32 of this chapter;

(3)

The site plan application materials specified in section 50-37 of this chapter.

(f)

Initial staff review. Upon receipt of a complete submission, the planning and zoning official shall review the proposal with respect to the requirements of this chapter, the comprehensive plan, other local land use policies and regulations, and accepted design principles. The planning and zoning official shall also initiate the review of the proposal by others.

(1)

The planning and zoning official shall transmit copies of the site plan application materials to other departments and agencies which have review or operational responsibilities relevant to the proposal. Written reports on the proposal from the departments and agencies shall be submitted to the planning and zoning official within eight working days of their receipt of the site plan materials.

(2)

The planning and zoning official shall schedule and publish notification of a public hearing before the planning commission on the application in accordance with the commission's bylaws and, where applicable, in accordance with the requirements of section 103 of the Michigan Zoning Enabling Act, MCL 125.3103.

(3)

The planning and zoning official shall forward notice of each application to the chairperson of the following city boards and commissions:

a.

Commission on the environment, all applications;

b.

Transportation commission, all applications;

c.

Downtown development authority, each application on property located within or adjacent to the downtown development authority district;

d.

Historic district commission, each application on property located within or adjacent to a designated historic district; and

e.

Parks and recreation commission, each application on property located adjacent to a public park or recreation facility and each application that proposes to create a public park or recreation facility.

If the chairperson of one or more of the above boards so requests at or before the public hearing on an application, final action on the application shall not be taken by the planning commission until the applicable board(s) has had the opportunity to review the application at a regular meeting.

(4)

For properties shown to potentially contain wetlands on the city wetland inventory map, the presence of wetlands shall be verified and the boundaries of any wetland present shall be delineated by the city engineer, unless the city engineer determines that delineation is not required pursuant to section 49-7(2)a. of the city Code, before final action on the application is taken by the planning commission. The wetland boundaries determined by the city engineer shall apply unless a boundary delineation is prepared by the Michigan Department of Environmental Quality, in which case, the wetland boundaries determined by the MDEQ shall apply. The wetland verification and boundary determination report prepared by the city engineer shall be provided to the commission on the environment for information. Where wetlands are verified to be present on the site, final action on the application shall not be taken by the planning commission until the commission on the environment has had the opportunity to review and comment on the application at a regular meeting.

(5)

For applications that require the submission and review of a traffic impact study under division 4 of this article, the required study shall be submitted with the application and forwarded to the city engineer for review. The study and the city engineer's report shall be submitted to the transportation commission for review. Final action on the application shall not be taken by the planning commission until the transportation commission has had the opportunity to review and comment on the application at a regular meeting.

(6)

The planning and zoning official shall prepare a preliminary report on the application and submit it to the planning commission and the applicant prior to the public hearing. The report shall be available to the public at the public hearing and by request. The report shall include:

a.

A description of the application;

b.

A review of its conformance to the comprehensive plan and to applicable regulations and standards in this chapter;

c.

An enumeration of any variances that may be required;

d.

A review of its impact on traffic and public facilities and services; and

e.

The reports received from other departments and agencies.

(g)

Planning commission review. Following the public hearing as required in subparagraph (f)(2) above, the commission shall advise the applicant and staff of issues which need further study and of changes to the plans which should be considered.

(1)

Any revisions to the plans shall be prepared by the applicant and submitted to the planning and zoning official.

(2)

If proposed revisions to the plans may affect the conclusions and recommendations of other departments or agencies, the planning and zoning official shall refer the revised plans to them for additional review.

(3)

After receipt of the revised plans and additional comments from other departments and agencies, if any, verification of any wetland boundaries by the city engineer, as required, and any comments from the commission on the environment and the transportation commission, the planning and zoning official shall prepare a final report and recommend action on the application, including any conditions deemed necessary to ensure the proposal's compliance with local policies and regulations. The final report shall be forwarded to the planning commission and the applicant and shall be available to the public.

(4)

Upon receipt of the planning and zoning official's final report, the commission shall recommend approval of the application as submitted if it is in compliance with all applicable local policies and regulations, recommend approval subject to conditions deemed necessary to ensure the application's compliance with local policies and regulations, or recommend denial if the application would not comply with local policies and regulations.

(5)

Written notification of the commission's action shall be transmitted to the applicant and to the city council prior to the city council's next regular meeting. The planning and zoning official's final report, minutes of relevant commission meetings, and copies of all written materials submitted to the commission shall also be transmitted to city council.

(h)

City council review and action. City council shall review the application at a regular meeting and shall take action on it according to the following procedures:

(1)

City council may approve the application as submitted, approve the application subject to conditions or reject the plans if the application would not comply with local policies and regulations. It may also defer action on the application to some specified date if additional information is necessary.

(2)

Before acting on any site plan being considered in conjunction with any special use permit application, as provided for in article II, division 3, of this chapter, or any clustered development plan application, as provided for in article IV, division 7, of this chapter, any neo-traditional neighborhood redevelopment plan application, as provided for in article IV, division 8, of this chapter, or any planned unit development application, as provided for in article V, division 2, of this chapter, the city council shall hold one public hearing, with notice thereof provided in accordance with the requirements of section 103 of the Michigan Zoning Enabling Act, MCL 125.3103.

(3)

If city council takes no action to approve, modify, deny, or defer the application within 20 working days of receipt of the planning commission's action, or within 20 days of its public hearing, if such hearing is required in subparagraph (2) above, the commission's recommendation shall be deemed adopted by city council.

(4)

Written notification of city council's action shall be transmitted by the city clerk to the applicant and the planning and zoning official within five days of the action or the expiration of the 20-day review period.

(i)

Granting of permits. After approval of the site plan in accordance with the procedures in this section, the applicant shall submit a final site plan to the planning and zoning official. The final site plan shall comply with the city council approval and incorporate any conditions of approval. The applicant shall also secure and submit copies of all required zoning variances, wetland use permits, and permits or approvals from other agencies.

(1)

The grading, clearing and site construction elements of the final site plan shall be reviewed and approved by the city engineer in accordance with applicable regulations and specifications.

(2)

When the city engineer has approved the final site plan, the planning and zoning official shall determine if the final site plan continues to comply with the city council approval, and if so, shall forward certified copies of the final site plan to the building official and the city engineer. If the final site plan does not comply with the city council approval, the final site plan shall be processed in accordance with the provisions governing modifications as specified in subsection (k) of this section.

(3)

When the site grading, clearing and site construction elements of the final site plan have been approved by the city engineer and all required zoning variances, wetland use permits, and permits or approvals from other agencies have been secured, the planning and zoning official may certify those portions of the final site plan. The planning and zoning official may defer action on other elements, such as final landscaping and site lighting plans, that may be submitted and approved at a later date.

(4)

Upon receipt of the certified site plan, or a portion thereof, the city engineer and/or building official may issue a grading/soil erosion and sedimentation control permit, tree removal/land clearing permit, building permit, or other required permits in accordance with other applicable city codes and procedures.

(5)

If the building official issues a temporary occupancy permit before all required site improvements have been completed, the building official may require that a cash deposit, certified check or irrevocable bank letter of credit in an amount equal to the city engineer's estimated cost of the uncompleted improvements be deposited with the city to insure the timely completion of the required improvements. Upon request, the building official may rebate portions of the cash deposit or certified check as improvements are satisfactorily completed or, with a letter of credit, the building official may allow the original one on file to be replaced with a new letter of credit. When all required improvements have been satisfactorily completed by the applicant, the final guarantee shall be returned by the building official.

(6)

The authorities and responsibilities of the city engineer and the building official shall, with respect to applications having been approved pursuant to this section, be the same as for other applications for grading/soil erosion and sedimentation control permits, tree removal/land clearing permits, wetland use permits, building permits and certificates of occupancy submitted for its approval, and nothing in this section shall be constructed to abrogate such authority and responsibility.

(j)

Time limit of approval. Except as otherwise provided in this chapter, the site plan approval shall remain valid for 12 months from the date of its approval by the city council. If work on the proposed development has not begun within the 12-month limit, the approval shall automatically become null and void and all rights thereunder shall lapse; except that upon written application filed at least one month prior to the expiration of the 12-month limit, the planning commission may authorize a single 12-month extension of the time limit. Once work on the proposed development site has begun, it shall be completed in accordance with the provisions and limits or extended limits of section 50-35(h) of this chapter. For developments which include two or more principal buildings or otherwise include improvements which are to be constructed in phases, each phase shall be considered as a separate project for the purposes of section 50-35(h).

(k)

Modifications of approved site plans as described under section 50-37(1) and approved building plans as described under section 50-37(6) or existing developments. The planning and zoning official may administratively approve applications to modify previously approved site plans, or to expand or convert the use of buildings or site improvements which legally existed prior to the adoption of this section, which meet all of the following standards:

(1)

The modification would comply with all other requirements of this chapter and other applicable regulations;

(2)

The modification would comply with all previously imposed conditions of approval, if any;

(3)

The modification would not otherwise increase the overall scale or intensity of the use in a way that would have a material adverse effect on adjacent properties, natural features, public streets or public services;

(4)

The modification would not increase by more than five percent any or all of the following characteristics of the property: the total floor area of building(s); the total residential occupancy; or the total number of parking spaces required or provided; and

(5)

The modification would not materially alter the approved architectural style, façade materials to be used, window size or overall window area more than five percent, or other architectural features and adornments.

An application to modify an approved site plan or to expand or convert the use of an existing building which does not meet the standards above may be referred to the city council for consideration if the modifications would not result in a significant change to the site plan and would otherwise be recommended for approval by the planning and zoning official. An application to modify an approved site plan that is not administratively approved or referred to the city council pursuant to this section shall be treated as a new application and must be approved in accordance with the procedures and standards of this section and section 50-38. In determining if an application to modify an approved site plan or to expand or convert the use of an existing building meets the standards above, the planning and zoning official may consult with other departments or agencies or seek guidance from the planning commission or city council.

(l)

Concept plan approval. Before submitting one or more detailed site plan applications, a developer may choose to submit a proposed concept plan for review and approval. The purpose of concept plan approval is to determine whether the extent, nature and layout of the development would conform to the city's comprehensive plan and other land use policies and likely comply with the standards of this chapter and other applicable regulations, once detailed site plans are prepared and submitted. Concept plan approval signifies that the city finds the extent and nature of the development and the proposed arrangement of uses and improvements on the property are acceptable, subject to any conditions of approval and the ultimate compliance of the development to all requirements of this chapter and other relevant local policies and regulations.

(1)

An application for concept plan approval shall provide sufficient information about the proposed development to make a determination consistent with the purpose of this review. The application shall address all the submission requirements specified in section 50-37, although it is expected that the level of detail of the design will be schematic in character. At a minimum, the application shall include the following information:

a.

The size of the property and general site conditions.

b.

The approximate location, size and occupancy of all proposed buildings;

c.

The approximate location, extent, and nature of any natural features on the site;

d.

The proposed location of streets, driveways and parking areas to provide access and serve each building;

e.

The proposed extension of utilities necessary to serve the overall site;

f.

Any other proposed facilities to be provided on the site;

g.

Other information as may be necessary to accomplish the purpose of the review;

h.

The fee specified in section 50-32 of this chapter.

(2)

The schematic development plan application shall be processed in accordance with subsections (f) through (h) of this section and reviewed in accordance with the standards of review provided in section 50-38.

(3)

An approved schematic development plan shall remain valid for 18 months from the date of its approval by the city council. If a formal application for site plan approval for at least a portion of the proposed development has not been submitted within the 18-month limit, the approval shall automatically become null and void and all rights thereunder shall lapse; except that upon written application filed at least one month prior to the expiration of the 18-month limit, the planning commission may authorize a single extension of the time limit of not more than 12 months.

(m)

Phased development. Where a parcel is intended to be divided into several building sites, such as a site condominium, or the development would consist of two or more buildings, or the property would otherwise be developed in phases, the developer(s) may choose to submit site plans for each phase separately. At a minimum, the applicant shall initially submit an overall concept plan for the entire site, as provided for in subsection (l) of this section; the applicant may also simultaneously submit a detailed site plan application for one or more portions of the site. When the concept plan and any initial site plan have been approved, detailed site plans for each subsequent phase(s) shall be submitted for review and approval. Each subsequent phase shall be considered as an amendment to the overall site plan for the parcel. The initial phase and each subsequent phase shall comply with the requirements of this chapter and be designed to function properly should subsequent phases not be developed.

(n)

Procedures. Procedures for the processing and review of applications for site plan approval as required by this section shall be approved by the planning commission and shall be made available, in written form, to applicants for site plan approval.

(o)

Site plan compliance. It shall be the responsibility of the owner(s) of the property to construct all structures in conformity with the approved site plans, including but not limited to the approved building elevations showing the size, height, architectural style, materials, colors, and window sizes and locations and to use and maintain the property in compliance with the approved site plan and all conditions of approval. All elements of the approved plan shall be maintained in safe and usable condition and shall promptly be repaired and/or replaced as needed. The planning and zoning official shall make periodic inspections of each site to ensure that the sites remain in compliance with the approved site plan. The violation, enforcement and penalty provisions of section 50-33 of this chapter shall apply. The building official shall issue a stop work order upon the planning and zoning official's request for any structure that is being constructed contrary to the approved site plan.

(Code 1994, ch. 55, § 5.147A; Ord. No. 1061, 2-7-2006; Ord. No. 1157, 11-8-2006; Ord. No. 1162, 4-17-2007; Ord. No. 1236, 8-17-2010; Ord. No. 1319, 2-18-2014; Ord. No. 1492, 12-15-2020)

The planning and zoning official shall determine the format(s) and number of copies of the application materials necessary to facilitate review by other departments and agencies, presentation at public meetings, inclusion in printed reports and incorporation into public records. The application shall include sufficient information and detail to determine if the proposed development meets applicable standards of review under this chapter. The information shall be prepared and signed by a planner, architect, engineer, landscape architect, surveyor or other appropriate professional so that the city may rely on its accuracy and feasibility. The application shall typically include the following drawings and information, as may be relevant to the nature of the application and the city's review requirements:

(1)

A site plan, as defined in section 50-9 of this chapter, showing the proposed size and location of buildings, parking and access facilities, free-standing signs and other improvements to be constructed or installed on the site, and the proposed use and treatment of other areas on the site. The site plan shall be clearly dimensioned to show the setbacks of buildings and parking areas, the separation between buildings and parking areas, the height of buildings, the width of roadways and driveways, the size of parking spaces, and other elements of the site plan as necessary to ensure the site plan complies with the applicable dimensional standards of this chapter.

(2)

An existing topographic survey and boundary description of the site, drawn at the same scale as the site plan, showing the following existing conditions:

a.

Exact dimensions and size of the site and any easements, rights-of-way or other physical encumbrances on the site;

b.

Location, size, and composition of all existing buildings, paved areas and other improvements;

c.

Existing ground contours at two-foot intervals or less, indicating the direction of surface drainage flow, and the type of surface soils present;

d.

Location and species of all existing individual trees which have a diameter (d.b.h.) of four inches or more, or where significant clusters of trees and shrubs are present, the location and general composition of such clusters, and an indication of which individual trees or tree clusters will be removed or retained;

e.

Location and boundaries of water bodies, including, but not limited to rivers, streams, lakes, ponds, marshes, city or county drains and manmade surface drainageways;

f.

Where wetland of any size may be present, as indicated on the city's wetland inventory map, a report prepared by a qualified wetland consultant which verifies the presence of any wetland, establishes the boundary of any wetland, describes the character and quality of any wetland, and indicates if any wetland may be regulated by the state or protected by chapter 49 of the City Code; except, this requirement may be waived by the city engineer where it is clearly evident that the proposed site changes would not disturb any wetland on the property;

g.

The boundary and elevation of areas of special flood hazard and floodways, as defined in chapter 18 of the City Code;

h.

Location and size of all existing utility lines, manholes, catch basins, and fire hydrants on or near the site which may be used to serve the site;

i.

Delineation of areas on the site which are known or suspected to be environmentally contaminated, together with a report on the status of cleanup or closure.

(3)

A proposed landscape plan which, at a minimum, conforms to the requirements of section 50-840 of this chapter, drawn at the same scale as the site plan or larger, showing: the location and size of areas to be landscaped; the type, size and placement of plant materials to be installed; the type, size and location of existing trees and significant clusters of trees or shrubs to be preserved; the location and height of proposed earth berms; and the size and design of fences or other screens to be erected. For clarity, detailed plans drawn at a larger scale than the site plan may be submitted to show the typical design and treatment of similar landscaped areas and fencing.

(4)

Proposed preliminary engineering plans, drawn at the same scale as the site plan or larger, showing the following proposed conditions:

a.

Ground contours at two-foot intervals or less, indicating the direction of surface drainage flow;

b.

Ground and floor elevations of buildings and other site improvements drawn to two decimal places;

c.

Location, dimensions and composition of roadways, driveways, curb cuts, parking and access facilities, curbing and sidewalks;

d.

Location and size of public utility connections, fixtures and easements;

e.

Stormwater management plan including the design of sewers, outlets, and retention or detention ponds, with sufficient data regarding site runoff estimates and off-site drainage patterns to permit review of the feasibility and permanence of drainage detention and/or retention as well as the impact on local surface and groundwater;

f.

Location and delineation of any wetland that would be disturbed and the location, existing character and proposed treatment of any proposed mitigation sites;

g.

Location and screening of exterior trash storage facilities;

h.

Type, height and placement of exterior light fixtures, including fixtures mounted on poles and on buildings;

i.

Location and status of any floor drains in existing or proposed structures on the site, indicating the point of discharge for all drains and pipes;

j.

Location of any on-site wastewater collection, treatment and disposal system;

k.

Location of existing and proposed public and private drinking water wells, monitoring wells, irrigation wells, test wells or wells used for industrial processes;

l.

Inventory of hazardous substances to be stored, used or generated on-site, in a format acceptable to the local fire marshal (including CAS numbers);

m.

Descriptions of type of operations proposed for the property with drawings showing size, location, and description of any proposed interior or exterior areas for storing, using, loading or unloading hazardous substances, hazardous wastes, and/or polluting materials;

n.

Description and location for any existing or proposed aboveground and belowground storage facilities;

o.

Completed environmental permits checklist on the form provided by the planning and zoning official.

(5)

A traffic impact study if so required under the provisions of division 4 of this article.

(6)

Proposed preliminary building plans, drawn at an accurate scale, including:

a.

Interior floor plans showing the arrangement and use of rooms for each floor, maximum occupancy and seating plans where applicable;

b.

Building elevations showing the size, height, architectural style, and exterior materials to be used, and areas intended to be used for wall-mounted signage.

(7)

A descriptive text which addresses the following items:

a.

The design principles followed in preparing the plans and how the plans address the objectives and criteria specified in section 50-38;

b.

The type of occupants anticipated and the market the project is intended to serve; for nonresidential uses, the intended hours of operation and the expected number of employees; for residential uses, the expected occupancy, the period of leases, and the approximate range of sale prices or rental rates of the proposed dwelling units;

c.

The land use statistics reflected in the proposed plans as measured against the required conditions in the applicable zoning district;

d.

A rationale for any variances from the requirements of this chapter which may be requested as part of the application.

e.

The proposed construction schedule and staging of the development.

(8)

Proposed plans showing compliance with the requirements of the public art requirement of section 50-38(6) of the City Code or a detailed narrative of the basis for an exemption from the requirement pursuant to section 50-38(6)d.

(Ord. No. 1061, 2-7-2006; Ord. No. 1163, 2-20-2007; Ord. No. 1162, 4-17-2007; Ord. No. 1313, 3-4-2014; Ord. No. 1319, 2-18-2014; Ord. No. 1339, 10-7-2014; Ord. No. 1543, 7-15-2025)

A site plan application shall meet the development standards of the use district in which it is to be located and all other required conditions for development in this chapter, comply with other applicable local ordinances and state and federal statutes, and be consistent with the objectives of the comprehensive plan as approved and amended by the city. A site plan application shall also substantially comply with the standards of review specified below. A site plan may be approved subject to certain conditions or modifications necessary to bring the plan into conformance with these requirements, including the approval of any variance that may be granted by the zoning board of appeals.

(1)

General site conditions. The site shall be designed and developed to provide a logical relationship between functional elements, to effectively serve the purposes for which it is to be developed, and to be reasonably compatible with surrounding properties.

a.

The size, height, design and architectural treatment of buildings shall be reasonably compatible with surrounding properties; except, if the site is in an area which is expected to redevelop in accordance with the provisions of the comprehensive plan, the size, height, design and architectural treatment of buildings shall be consistent with the objectives in the comprehensive plan.

b.

Buildings, including windows, balconies and other openings, shall be located and designed to provide reasonable privacy for residents and employees on the site and those adjacent to the site; buffers such as walls, fencing, landscape plantings or additional setbacks may be required to protect residents and employees from adverse impacts from adjacent uses or streets.

c.

Yard areas on the site shall be arranged and improved to provide adequate light and ventilation; separation between buildings, roads and other activity areas; trees and other vegetation; passive and active recreational areas; and to improve the appearance of the property, ensure reasonable privacy and enjoyment for residents and employees and promote the public health, safety and welfare.

d.

Outdoor activity areas, such as pools, playgrounds, courts, cooking or dining facilities, shall be located and screened sufficiently to minimize impacts on adjacent properties or dwelling units on the site and to provide appropriate security.

(2)

Natural features. The site shall be designed and developed to minimize the disruption or loss of its desirable natural elements and to enhance its overall appearance by incorporating those elements into required open spaces and setbacks.

a.

The design and placement of buildings, other site improvements and open space shall respect the natural topography of the site to minimize the extent of site grading, excavation and filling.

b.

Mature trees and significant clusters of trees and shrubs shall be retained where possible to provide shade for buildings and over parking areas and driveways, to maintain privacy between adjacent properties and to enhance the appearance of the site.

c.

Within a regulated wetland, no filling, grading, dredging, excavating, draining or construction shall be permitted unless the required permit is first obtained from the Michigan Department of Environmental Quality and/or the city in accordance with chapter 49 of the City Code. Existing wetland areas not regulated by the state or the city and surface drainageways shall be preserved to the maximum practicable extent to maintain stormwater control, water quality, natural habitat and open space.

d.

Buildings and other site improvements shall be set back an appropriate distance from the perimeter of preserved natural features to protect them from encroachment, damage, degradation or pollution, both during and after construction, to preserve the aesthetic and functional values of the resources and to provide access to use and maintain the site improvements. All construction activities within the drip line of existing trees shall be minimized to avoid damage to their root systems. Buildings and other site improvements shall be set back from the edge of a wetland or other surface water feature the following minimum distances:

_____

_____

A vegetation strip at least ten feet wide consisting of plant species that are consistent with a wetland habitat shall be provided and maintained around the perimeter of a preserved wetland or surface water feature. Existing trees, shrubs and ground cover may be preserved within this strip or appropriate trees, shrubs and other perennial species native to a Michigan wetland habitat shall be installed to enhance the strip. Once established, this strip shall not be mowed or clear cut, except for vegetation that requires cutting to reseed and maintain healthy growth, and trees and shrubs may be selectively pruned to maintain views of the wetland or water feature and to protect and maintain access to buildings and other site improvements. Pathways no more that ten feet in width may be cleared and maintained to provide access to the wetland or surface water feature. Observation decks or docks may also be permitted to allow viewing of the water feature or wetland.

The setback and vegetation strip requirements in this subsection may be increased or decreased if it is determined that a proposed activity is in the public interest. In determining whether the proposed activity is in the public interest, the benefit which would reasonably be expected to accrue from the proposal shall be balanced against the reasonably foreseeable detriments of the construction or activity, taking into consideration the local, state and national concern for the protection and preservation of the environmental feature in question. The following general criteria shall be applied in undertaking this balancing test:

1.

The relative extent of the public and private need for the proposed activity.

2.

The availability of feasible and prudent alternative locations and methods to accomplish the expected benefits from the activity.

3.

The extent and permanence of the beneficial or detrimental effects which the proposed activity may have on the public and private use to which the area is suited, including the benefits the natural feature and/or natural feature open space provides.

4.

The probable impact of the activity in relation to the cumulative effect created by other existing and anticipated activities in or near the natural feature to be protected.

5.

The probable impact on recognized historic, cultural, scenic, ecological, or recreational values, and on fish, wildlife and public health.

6.

The size and quantity of the natural feature open space being considered.

7.

The amount and quantity of the remaining natural feature open space.

8.

Proximity of the proposed activity in relation to the natural feature, taking into consideration the degree of slope and the soil type within and adjacent to the natural feature and the setback area, the quantity and speed of surface runoff expected and the nature of the natural feature to be protected.

9.

Economic value, both public and private, of the proposed activity and economic value, both public and private, if the proposed activity were not permitted.

e.

Development within designated floodplain areas shall be accomplished in a way that does not alter or obstruct stormwater flow within a designated floodway, maintains the overall stormwater storage capacity of the site and does not increase risks to persons and property.

f.

Appropriate ground cover, trees and other vegetation shall be planted and maintained on the site to control stormwater runoff and prevent erosion, siltation and dust, to provide privacy between adjacent uses and mitigate impacts from noise and lights, and to enhance the appearance of the site.

g.

Parking and access facilities shall be landscaped in accordance with the requirements of section 50-816(8) of this chapter.

(3)

Traffic access. The site shall be designed and developed to provide safe and efficient access for all forms of travel and to minimize impacts on adjacent public facilities.

a.

The site shall not overburden adjacent public streets nor cause significant hazards to public safety due to excessive traffic generation or inadequate traffic control.

b.

Existing and proposed public streets shall be designed and constructed in accordance with the requirements of chapter 40 of the City Code and applicable local standards and specifications.

c.

Roadway or driveway connections between the site and adjacent public streets shall be spaced sufficiently apart and may be limited in number to minimize congestion and delays in traffic flow along the adjacent public streets and to minimize conflicts with other turning movements on adjacent public streets or private driveways.

d.

Where practicable, principal access to and from the site shall be provided from major streets; access to local streets shall be designed to avoid excessive traffic volumes and speed through adjacent neighborhoods.

e.

Appropriate curb radii and lane widths shall be provided and acceleration and deceleration lanes may be required at roadway or driveway openings to protect public safety and minimize congestion and delays along adjacent public streets.

f.

Separate turn lanes may be required at roadway or driveway openings to reduce on-site stacking and congestion and such lanes shall be clearly marked.

g.

Secondary access may be required to adjacent public streets or alleys or through adjacent private parking areas to provide sufficient access for emergency vehicles.

h.

Where two or more adjacent sites may be developed for similar or complementary uses, the city may require the creation of shared or linked access facilities, which may be constructed in phases, to minimize turning movements on public streets and provide access between the adjacent uses.

i.

Roadways and driveways within the site shall be designed to provide safe and efficient access while minimizing speeds and safety risks; the placement of traffic control devices within the site may be required to regulate speeds and minimize safety risks.

j.

Sidewalks shall be installed to provide safe and convenient pedestrian and bicycle access to and within the site, including sidewalks along public street frontages and linkages between such sidewalks and all principal buildings, between the principal buildings and parking facilities on the site, and between adjacent sites, where practicable.

k.

Sidewalks and other pedestrian access pathways within the site shall be located to minimize conflicts with vehicular traffic and enhance safety; pavement markings and signs may be required at principal points where pedestrians would cross driveways within the site.

l.

Sidewalks and ramps within the site shall be designed to provide safe and convenient barrier-free access.

m.

Parking facilities shall be located and designed to provide safe and convenient access to the building(s) they are intended to serve and, where practicable, to separate maneuvering areas from principal routes of traffic flow through the site.

n.

Parking areas shall be located or sufficiently screened to avoid headlights projecting into windows of residential dwellings.

o.

Parking and access facilities shall be designed and constructed in accordance with the requirements of section 50-816 of this chapter.

p.

Bicycle parking and storage facilities shall be provided in accordance with the requirements of section 50-820 of this chapter.

q.

Parking facilities shall be designed to provide the required electric vehicle charging stations required by section 50-821.

(4)

Utilities and public services. The site shall be designed and developed to facilitate the efficient provision and maintenance of adequate public services.

a.

Existing and proposed utility services to and within the site shall be of adequate size and design to serve the expected needs of the development.

b.

Appropriate easements shall be provided to the city to afford access to all existing, proposed and known future extensions of public utilities on or adjacent to the site.

c.

The site shall be designed and developed to afford adequate access for fire suppression and other emergency services; fire hydrants, stand pipes and similar water service connections may be required; designated fire lanes may also be required.

d.

Stormwater collection and discharge facilities shall be provided and designed to minimize the risk of flooding or soil erosion, on or off the site; stormwater detention or retention facilities may be required to regulate the rate of flow of stormwater off the site to avoid flooding and to comply with the requirements of article IV, chapter 34, of the City Code.

e.

Stormwater collection and discharge facilities and site grading shall be designed to avoid runoff onto adjacent properties and public streets and sidewalks.

f.

Stormwater treatment facilities shall be provided as required by the city engineer to comply with the city's Michigan Department of Environmental Quality NPDES Phase II Stormwater Permit.

g.

Loading docks, loading spaces and other service areas and external utility and mechanical equipment shall be located and screened to minimize noise, vibration, or visual impacts which may affect adjacent properties or residents within the development; walls or other solid screens may be required to attenuate noise impacts.

h.

Adequate containers or compactors shall be provided on the site to collect and store trash or other waste materials and recyclable materials; such containers or compactors shall be effectively screened to obscure them from view, prohibit materials from blowing away and to control access; such containers shall also be located as inconspicuously as possible on the site.

i.

In order to further the goal of the city to minimize the disposal of solid waste and to maximize waste diversion through recycling, every owner of a multiple dwelling approved for construction after January 1, 2007, shall construct, provide, and maintain adequate and safe facilities or containers for the collection, storage, and disposal of recyclable materials placed for collection by their tenants, unless such premises is approved by the director of public works for city curbside recycling services as provided in article III of chapter 36 of this Code.

j.

Exterior lighting shall be installed as necessary to provide adequate safety and security; all exterior lighting shall be designed and shielded to direct the light downward and avoid projecting light onto adjacent properties or creating glare along public streets; pole-mounted lights shall be restricted in height to be in scale with the site and its environment and avoid projecting light onto adjacent properties.

(5)

Environmental protection. The site shall be designed and developed to minimize any risk of pollution of natural resources and to protect the public health, safety and welfare.

a.

The project and related improvements shall be designed to protect land and water resources from pollution, including pollution of soils, groundwater, rivers, streams, lakes, ponds, open drains and wetlands.

b.

Stormwater retention, detention, transport, and drainage facilities shall be designed to use or enhance the natural stormwater system on-site, including the storage and filtering capacity of wetlands, watercourses, and water bodies, and/or the infiltration capability of the natural landscape. Stormwater facilities shall not cause flooding or the potential for pollution of surface or groundwater, on-site or off-site. Stormwater facilities shall not damage natural features by depositing pollutants in them, by draining them or by depriving them of sufficient stormwater runoff to maintain their natural condition.

c.

General purpose floor drains shall be connected to a public sanitary or combined sewer system or an on-site holding tank (not a septic system) in accordance with state, county and municipal requirements, unless a groundwater discharge permit has been obtained from the Michigan Department of Environmental Quality. General purpose floor drains which discharge to the public stormwater system or into the groundwater are generally prohibited.

d.

Sites at which hazardous substances, hazardous wastes, or potentially polluting materials are stored, used, or generated shall be designed to prevent spills and discharges of such materials to the air, surface of the ground, groundwater, lakes, streams, rivers or wetlands.

e.

Secondary containment facilities shall be provided for aboveground storage of hazardous substances, hazardous wastes, or potentially polluting materials in accordance with state and federal requirements. Aboveground secondary containment facilities shall be designed and constructed so that the potentially polluting material cannot escape from the unit by gravity through sewers, drains, or other means, directly or indirectly into a sewer system, or to the waters of the state (including groundwater).

f.

Underground storage tanks shall be registered, installed, operated, maintained, closed or removed in accordance with regulations of the Michigan Department of Environmental Quality.

g.

Aboveground storage tanks shall be certified, installed, operated, maintained, closed or removed in accordance with regulations of the Michigan Department of Environmental Quality.

h.

Bulk storage facilities for pesticides and fertilizers shall be in compliance with requirements of the Michigan Department of Agriculture.

i.

Abandoned water wells (wells that are no longer in use or are in disrepair), abandoned monitoring wells, and cisterns shall be plugged in accordance with regulations and procedures of the Michigan Department of Environmental Quality.

j.

State and federal requirements for storage, spill prevention, recordkeeping, emergency response, transport and disposal of hazardous substances, hazardous wastes, liquid industrial waste or potentially polluting materials shall be met. No discharge to surface water or groundwater, including direct and indirect discharges of waste, waste effluent, wastewater, pollutants, or cooling water, shall be allowed without approval from appropriate state, county and local agencies.

(6)

Public art requirement. Unless the project is exempt from this requirement pursuant to subparagraph (6)d. of this paragraph, the site shall be designed and developed to contain public art as defined by section 2-313 of the City Code and in accordance with the following:

a.

A budget for the public art required by this section shall be established based on the allocation of one percent of the total project cost up to $25,000.00 to be committed to the procurement and display of public art on the site.

b.

The public art shall be a work of art as defined by section 2-313 of the City Code and shall be approved by the city's arts commission in accordance with the definition of public art and the standards set forth in section 2-315(a)(1) and (7) of the City Code and the city council prior to site plan approval. The approval by the arts commission and city council shall not be unreasonably withheld.

c.

The total allocation as established pursuant to subparagraph (6)a. shall be expended on those items listed in section 2-314(a)(1) through (4) of the City Code and shall not include any other expenditures. Maintenance shall be the responsibility of the owner of the property in addition to the allocation established by subparagraph (6)a. Failure to install the public art as required by this subparagraph and in accordance with the approved site plan shall result in denial of a certificate of occupancy. Failure to properly maintain the public art in accordance with the approved site plan is a violation of the zoning code and subject to enforcement pursuant to the provisions of section 50-33. Prior to any enforcement action a violation notice shall be sent to the responsible party. A failure to cure the violation within 30 days shall constitute a violation and each day thereafter that the violation remains uncured shall constitute a separate offense.

d.

The following projects are exempt from the public art requirements of this section:

1.

Projects where the application of this requirement would constitute a governmental taking or otherwise be contrary to law, as determined by the zoning administrator, under the particular facts and circumstances of that case as explained in detail by the applicant. The zoning administrator may request additional information from the applicant if insufficient information is provided with the site plan to make a determination. The applicant has all appeal rights as would otherwise be applicable to any determination by the zoning administrator.

2.

Projects where the total project cost is less than $500,000.00.

3.

Residential projects containing less than four residential units.

4.

Projects where, upon issuance of the building permit, the applicant donates an amount equivalent to the amount established pursuant to subparagraph (6)a. of this paragraph to the public art fund as established pursuant to section 2-312 of the City Code or donates a "work of art" approved by the art commission of equal value to the fund as established pursuant to subparagraph (6)a. of this paragraph.

e.

A developer may choose to partially exempt a project from the public art requirement of this section to the extent the developer chooses to donate funds or works of art less than the amount established pursuant to subparagraph (6)a. of this paragraph in which case the budget required for public art shall be reduced by a corresponding amount.

(Ord. No. 1061, 2-7-2006; Ord. No. 1163, 2-20-2007; Ord. No. 1313, 3-4-2014; Ord. No. 1339, 10-7-2014; Ord. No. 1445, 3-26-2019)

(a)

No vacant land shall be occupied or used, and no building hereafter erected or altered shall be occupied or changed in use until a certificate of occupancy and compliance shall be issued by the building official stating that the building or proposed use of the building or premises complies with all of the building and health laws and ordinances, including the provisions of this chapter.

(b)

Certificates of occupancy and compliance shall be applied for coincident with the application for a building permit and shall be issued within ten days after the construction or alteration of such buildings shall have been substantially completed in conformity with the provisions of these regulations and shall have been finally inspected as required by section 50-35(f). A record of all certificates shall be kept on file in the office of the building official, and copies shall be issued on request to any person having a proprietary or tenancy interest in the building affected. No fee shall be charged for an original certificate applied for coincident with the application for a building permit. For all other certificates or for copies of any original certificate there shall be a charge of $1.00 each.

(c)

No permit for excavation for or the erection of any building shall be issued before application has been made for certificate of occupancy and compliance.

(Code 1994, ch. 55, § 5.148; Ord. No. 1061, 2-7-2006)

It is not intended by this chapter to interfere with or abrogate or annul any ordinance, rules, regulations, or permits previously adopted or issued, and not in conflict with any of the provisions of this chapter or the provisions of other chapters of the Ordinance Code, or which shall be adopted or issued, pursuant to law, relating to the use of buildings or premises.

Except as specified in section 50-531 of this chapter, it is not intended by this chapter to interfere with or abrogate or annul any easements, covenants, or other agreements between parties, provided, however, that where this chapter imposes a greater restriction upon the use of buildings or requires larger open spaces than are imposed or required by such other chapters, ordinances, rules, regulations or permits, or by easements, covenants, or agreements, the provisions of this chapter shall control.

(Code 1994, ch. 55, § 5.149; Ord. No. 1061, 2-7-2006; Ord. No. 1386, 3-7-2017)

An appeal board, to be known as the East Lansing Zoning Board of Appeals, and to consist of seven members, is hereby created. The members of the appeal board shall be selected by the city council. The legislative body may appoint to the zoning board of appeals not more than two alternative members for the same term as regular members. One regular or alternate member may be a member of the legislative body of the city. Such member shall not serve as the chairperson of the zoning board of appeals. Alternate members may also be members of the planning commission of the city. Members shall be appointed at or before the first council meeting in December of each year to serve from and after January 1 of the following year. All members shall each hold office for a term of three years. Each member shall hold office until his/her successor is selected in the manner above provided. The board shall select its chairperson annually. The planning and zoning official or their designee shall serve as secretary of the board. All meetings shall be open to the public. The board shall adopt its own rules of procedure and keep a record of its proceedings, showing the action taken upon each matter considered. Meetings of the board shall be held at such times and places as may be designated by the planning and zoning official. Four members shall constitute a quorum. The planning and zoning official is authorized to call such meetings at any time when matters are pending requiring attention by the board. The planning and zoning official shall call such meetings whenever:

(1)

A meeting is to be held as previously determined by the board;

(2)

The planning and zoning official is so instructed by the chairperson; or

(3)

The planning and zoning official is so instructed in writing by any other members of the board.

(Code 1994, ch. 55, § 5.143; Ord. No. 1157, 11-8-2006; Ord. No. 1284, 1-15-2013; Ord. No. 1543, 7-15-2025)

Any decision of the building official or the planning and zoning official which falls within the jurisdiction of the board of appeals may be appealed to said board by any person aggrieved or by any office, department, board, or bureau of the city affected by any decision of the building official or the planning and zoning official within such time as shall be prescribed by the board by general rule. To effect such appeal, the appellant shall file with the planning and zoning official and with the board of appeals on forms to be furnished by such official, a written notice of appeal specifying the grounds thereof. The planning and zoning official shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

(1)

Hearings. The board of appeals shall fix a reasonable time for the hearing of the appeal within 60 days from the date of filing thereof, and give due notice thereof, in accordance with the board's bylaws and in accordance with the requirements of section 103 of the Michigan Zoning Enabling Act, MCL 125.3103. Any party may appear in person or by agent or attorney at a hearing considering his/her request or appeal.

(2)

Decisions. The board of appeals shall return a decision upon each case within 90 days after a request for appeal has been filed, unless a further time is agreed upon with the parties concerned. The board shall render and file its decision with a written statement of findings of relevant facts and reasons therefore. Any decision of the board shall not become final until the expiration of five days from the date of entry of such order, unless the board shall find the immediate effect of such order is necessary for the preservation of property or personal rights and shall so certify on the record.

(3)

Vote. The concurring vote of four members of the board of appeals shall be necessary to reverse, wholly or partly, or to modify any order, requirement, decision or determination of the building official or the planning and zoning official or to decide in favor of the applicant any matter upon which they are required to pass or to effect any variation in this chapter.

(Code 1994, ch. 55, § 5.144; Ord. No. 1157, 11-8-2006)

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the building official certifies to the board of appeals, after the notice of appeal shall have been filed with them, that by reason of facts stated in the certificate, a stay, would in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed except by a restraining order which may be granted upon due cause shown, by the board of appeals or by the circuit court, upon application and following timely notice thereof to the building official.

(Code 1994, ch. 55, § 5.144A)

The board of appeals has the following powers and duties.

(1)

Review. The board shall review, hear, and decide upon appeals from any order, requirement, decision, or determination made by the building official or the planning and zoning official in the enforcement or application of this chapter.

(2)

Interpretation. The board shall have the power to review, hear, and decide upon appeals which request the following determinations:

a.

Requests for the interpretation of the provisions contained within any section of this chapter;

b.

Classify a use into a comparable use category which is not specifically mentioned by this chapter;

c.

Determine the off-street parking and loading space requirements of any use which is not specifically mentioned in article VIII of this chapter.

(3)

Granting of variances. The board shall have the power to authorize upon an appeal specific variances from such dimensional requirements as lot area and width regulations, building height, bulk regulations, yard width, side, and depth regulations, and off-street parking and loading requirements as specified in this chapter, provided, however, that all of the following variance conditions are adhered to and that at least one of the following special findings can be satisfied:

a.

Variance conditions. All of the following conditions, in the judgment of the board, shall exist before any variance from this chapter shall be granted. Any variance granted shall:

1.

Not be contrary to the public interest or the general intent and purpose of this chapter.

2.

Not permit the establishment of a use within a given district which is prohibited therein.

3.

Not be a variance so commonly recurring as to make reasonably practical the formulation of a general regulation by the city council.

4.

Not cause substantial adverse effect to properties in the immediate vicinity or in the zoning district where the variance is located.

5.

Relate only to property that is described in the application for the variance.

b.

Special findings. If all the foregoing variance conditions can be satisfied, a variance may be granted when the board determines that any one of the following special findings can be clearly demonstrated:

1.

That there are practical difficulties resulting from the physical characteristics of the property in question which make it unfeasible to carry out the strict letter of this chapter.

2.

That there are exceptional or extraordinary circumstances or conditions which apply to the property in question that do not apply to other properties and which have not resulted from any act of the applicant subsequent to the adoption of the ordinance from which this chapter is derived.

3.

That such variation is necessary for the preservation of a substantial property right possessed by other properties within the same zoning district.

(4)

Conditions of approval of variance. In granting a variance, the board may specify, in writing, such other conditions regarding the location, character, landscaping, or other treatment that will, in the board's judgment, be reasonably necessary to the furtherance of the intent of this chapter and the protection of the public interest. The breach of any such condition shall automatically invalidate the permit granted.

(5)

Time limit on variances. Each variance granted under the provisions of this chapter shall become null and void after one year from the date of granting unless the construction or occupancy authorized by such variance or permit has commenced and is being pursued diligently to completion.

(6)

Extensions of variances. The board may grant one extension for a period not to exceed one year for an approved variance when the appellant requests such an extension in writing to the planning and zoning official at least two weeks prior to the expiration date of the original approval and when the board determines that the salient facts of the appeal have not significantly changed. If the board determines that the salient facts of the appeal may have changed significantly, the request shall be treated as a new appeal and processed according to the provisions of section 50-62.

(7)

Reapplication for denied variances. After a variance has been denied in whole or in part by the board, then no application shall be resubmitted for a period of one year from the date of the last denial; provided, however, that a denied variance may be reconsidered by the board when, in the opinion of the planning and zoning official, or the board, newly discovered evidence or changed conditions warrant such reconsideration.

(8)

Planning coordination. Since the actions and policies of the board of appeals affect, and are affected by, the planning, zoning, and land use policies of the City of East Lansing, close cooperation and coordination with the East Lansing Planning Commission is desirable if the public interest is to be served and substantial justice is to be done. The planning department shall act as an advisory staff to the board and may submit maps, charts, and reports, along with data or recommendations which will aid the board in arriving at a decision. Such reports, data, and recommendations which are submitted will be purely advisory in nature and will be for the purpose of achieving better coordination of the zoning and land use policies within the City of East Lansing.

(Code 1994, ch. 55, § 5.145; Ord. No. 1157, 11-8-2006)

The purpose of this division is twofold: first, to provide greater flexibility in the placement of certain kinds of uses when, because of their unique characteristics, these uses are such that they can be compatible with and complementary to the uses now permitted in the zone, provided that appropriate safeguards are imposed; second, to provide an adequate review and tighter control of certain uses which have a marked effect on the surrounding area due to their unusual design or operational characteristics or the amount of traffic they generate.

(Code 1994, ch. 55, § 5.161; Ord. No. 1061, 2-7-2006)

In order to accomplish such safeguards, in addition to ensuring each use complies with the site plan approval requirements of this chapter, provision is made in this division for a more detailed consideration of the proposed use in relationship to the location, design, size, operation, intensity of use, and potential impacts on traffic generation and safety, public facilities and services and the surrounding neighborhood.

(Code 1994, ch. 55, § 5.162; Ord. No. 1061, 2-7-2006)

Any application for a special use permit for any use permitted under this division shall be submitted and reviewed in accordance with the requirements and procedures for site plan approval as specified in section 50-36 of this chapter. A special use permit application may be approved if it meets the required conditions for site plan approval as specified in section 50-36 of this chapter and the applicant makes an affirmative showing and the city finds that the application meets the relevant additional standards of review in sections 50-94, 50-94a or 50-94b of this division. A special use permit may also be approved subject to reasonable conditions or certain modifications necessary to ensure that the use conforms to all applicable requirements.

(Code 1994, ch. 55, § 5.163; Ord. No. 1061, 2-7-2006; Ord. No. 1492, 12-15-2020)

(a)

All uses. Except as may be provided elsewhere in this section or chapter, each special use permit application shall meet each of the following standards:

(1)

The proposed use shall be consistent with the purpose of the use district in which it is located and the purpose and provisions of this division.

(2)

The site plan for the property shall be approved in accordance with the provisions of section 50-36 of this chapter.

(3)

The proposed size, height, architectural character and placement of new or expanded structures on the site shall be reasonably compatible with the existing or anticipated buildings on adjacent properties.

(4)

Streets and access facilities serving the site shall be able to safely accommodate the expected traffic generated by the proposed use; the use shall not cause excessive traffic congestion or delays, obstruct access to adjacent properties, or imperil the safety of motorists, pedestrians or bicyclists.

(5)

The proposed use shall not adversely affect the use and enjoyment of adjacent properties by generating excessive noise, vibration, light, glare, odors or any other form of pollution or nuisances.

(6)

The proposed use shall not materially diminish the economic value of adjacent properties or the city as a whole.

(7)

The proposed use shall not materially diminish the privacy, safety, security or enjoyment of any residential dwelling or residential neighborhood within the vicinity of the site.

(8)

The proposed use shall be located with direct access to and frontage on a major street as designated in the major street plan, or within an area designated for adaptive reuse in the city center element of the comprehensive plan.

(b)

Specific uses. In addition to the standards above, to address their unique characteristics, certain uses shall also meet the applicable standards below.

(1)

Churches.

a.

Standards set forth in items (3) and (8) of subsection (a) above do not apply to churches.

b.

The minimum yard requirements of the use district in which the church is to be located shall apply except that in no event shall the yard requirement be less than 0.5 feet of yard to each foot of building height (excluding steeples) as applied to rear yard or side yard depth.

(2)

Businesses selling alcoholic beverages. The following additional standards shall apply to restaurants and businesses licensed or to be licensed for the sale of alcoholic beverages or alcoholic liquor for consumption on or off the premises.

a.

The establishment shall not be located in such proximity to churches, elementary, or secondary schools, child development centers, or community centers so as to annoy, injure, offend, disrupt, disturb, or interfere with the activities conducted thereon or the persons conducting, attending, or traveling to or from such premises. This restriction may be waived by city council at the request of the church, school district, child development center or community center whose location would otherwise prohibit the proposed use or, if there is an objection to the waiver of this restriction by the church, school or development of community center, city council may waive this restriction only after hearing and good cause shown that the proposed establishment will not be in such proximity so as to annoy, injure, offend, disrupt, disturb, or interfere with the activities of the particular church, school or development of community center.

b.

The establishment shall not cause or continue an undue concentration of similar uses in the neighborhood such that liquor establishments and trade become a dominant influence or feature of the district or neighborhood.

This section does not apply to businesses selling alcoholic beverages only for off-the-premises consumption and if less than 25 percent of the sales floor area is devoted to the sale of alcoholic beverages.

(3)

Fraternities and sororities.

a.

The standard set forth in item (8) of subsection (a) above does not apply to fraternities and sororities.

b.

In addition to the parking requirements for such uses specified in section 50-812, fraternities and sororities shall provide and maintain a parking access and management arrangement sufficient to serve the parking and access demands associated with chapter meetings, formal and informal social activities, or other on-site events which include the attendance of persons other than those who reside on the property. Such parking and access arrangements may include, but are not limited to, the provision of additional on-site parking, the use of private off-premises parking, the use of public parking in municipal lots or on-street spaces, and the availability of bus or shuttle service or carpooling arrangements.

(4)

Multiple-family dwellings in business districts. Where multiple-family dwelling units are provided in conjunction with business uses on a property in a business district, the following additional standards shall apply.

a.

Except where multiple-family dwelling units may be permitted as the sole principal use of a building to provide unique housing opportunities which are not otherwise available in the city center, at a minimum, the first floor of any building shall primarily be used for principal permitted business uses, and the number of multiple-family dwelling units and the permitted occupancy of the units shall be limited to maintain a reasonable balance between the business and residential uses on the property consistent with the purpose of each business district. The provision of first floor retail may be waived by majority vote of the city council in the area of the B-3 district outside of the area bounded by Grand River Avenue, Bailey Street, Albert Avenue, Grove Street, Linden Street, Abbot Road, City Parking Lot 15, the north-south alley west of Abbot Road and 200 West Grand River Avenue (The Peoples Church) where warranted by the existing retail opportunities in close proximity to the project.

b.

The number of multiple-family dwelling units, the permitted occupancy of the units and the height and size of structures containing such units shall be limited to be compatible with adjacent development patterns and any nearby residential districts.

c.

Reasonable amounts of yard areas and open space shall be provided where necessary to be consistent with surrounding use and development patterns and to provide for the privacy and enjoyment of the residents.

d.

The design, type and operational characteristics of the business and residential uses on the property shall be compatible with one another.

e.

The residential units shall be designed and marketed to diversify housing opportunities in the neighborhood and shall not increase existing high concentrations of similar housing units in the neighborhood. Further, in the area west of Collingwood Drive within the district boundaries of the City of East Lansing Downtown Development Authority, in order to achieve diversity in the types of housing offered in the area including an appropriate balance of owner occupied housing, senior housing, low to moderate income housing, mixed-market rental housing and other types of diverse housing in the area, for all development plans that contain housing, an appropriate number of the dwelling units shall be marketed and/or sold as owner occupied housing or housing offered to and restricted to residents 55 and older, restricted to low to moderate income housing or restricted to some other occupancy that would add diversity to the area so that at least 25 percent of the housing is owner occupied, restricted to residents 55 and older, restricted to low to moderate income housing or restricted to some other occupancy that would add diversity to the area. For purposes of this section, "development" shall include more than one structure as long as multiple structures are part of the same site plan approval. The requirement of this section shall not apply to hotels. For any development that is constructed and occupied in excess of the 25 percent requirement of this section without the granting of any economic development benefits by the city (including but not limited to payment in lieu of taxes, or other tax abatement,) the developer shall be given one credit for each residential unit in excess of the 25 percent. The credits, or any portion thereof, may be used by the developer, or the developer's assignee, as a credit, on a one for one basis, to meet the 25 percent requirement for future development projects in this area. The number of credits obtained for any development shall be calculated by the zoning official and maintained in the city records. Any assignment of credits must be in writing and signed by the developer. The intent to use credits of this nature, the number of credits intended to be used, the location of the development which created the credits, and any documentation showing any assignment of the credits shall be submitted with the site plan or amended site plan.

(5)

Additional building height.

a.

Where a special use permit is required to permit building height above the base level permitted in any use district, the compatibility of the building shall be determined in part by the extent to which the use of the building and the building design, its setbacks and its orientation on the site successfully mitigate negative impacts upon neighboring uses, the natural features of the site and public facilities and services. Such buildings may be approved only if they comply with subsection (a) of this section and all of the following additional standards:

1.

The building shall not be located in such proximity to a single-family or two-family neighborhood so as to cause excessive noise or shadowing impacts, or substantial reductions in personal privacy or property values. The planning and zoning administrator may require the applicant to submit a solar angle diagram and shadow analysis prepared by a registered architect or engineer showing the extent of shadowing caused by the proposed building on adjacent properties and structures.

2.

The portion of the building extending above the base level permitted in each use district shall be located no closer to the property line of a residentially zoned property than a distance equal to the amount of the height in excess of the base level.

3.

The building shall not result in traffic generation which exceeds the carrying capacity of adjacent streets, exceeds the parking capacity of on-site spaces or nearby municipal parking facilities, causes excessive congestion or risks to public safety, or causes or substantially contributes to excessive volumes of traffic through residential neighborhoods.

4.

The building shall not generate demands which exceed the capacity of public utilities and services necessary to serve the site.

b.

In addition, the city council may further increase the maximum permitted building height in the B-3 district as specified in section 50-593(f) for a building deemed to be of significant public benefit. The city council shall find, upon an affirmative vote of three-fourths of all members of the city council, that such buildings meet subsections (5)a.1. through 4., of this subsection and all of the following standards:

1.

The building, through its proposed use, shall contribute substantially to the mix of desirable commercial, residential, social, cultural or employment opportunities or public amenities or open space available in the business district to achieve one or more public goals or objectives, as specified in the comprehensive plan or other strategic plan of the city, to benefit the business district, the adjacent residential or public areas, and the city as a whole.

2.

The applicant demonstrates that additional building height is necessary in order to make the proposed development economically feasible for the intended use and no reasonable alternative to additional height exists.

3.

The additional building height will cause no significant additional negative impact on adjacent properties, public streets and parking facilities, or public utility and services.

(6)

Dispensaries and primary caregiver operations. The following additional standards shall apply to dispensaries and primary caregiver operations:

a.

They shall comply at all times and in all circumstances with the Medical Marihuana Act and the General Rules of the Michigan Department of Community Health and/or the Department of Licensing and Regulatory Affairs.

b.

They must be located outside of a 1,000-foot radius from any school, including any licensed facility with after school programs, child care centers, or daycare centers, to insure community compliance with federal "Drug-Free School Zones" requirements.

c.

No more than five primary caregivers may operate from a dispensary.

d.

All medical marihuana shall be contained within an enclosed, locked facility, inaccessible on all sides and equipped with locks that permit access only by the registered caregivers, as reviewed and approved by the building official and the police department.

e.

All necessary building, electrical, plumbing and mechanical permits shall be obtained for any portion of the structure which contains electrical wiring, lighting and/or watering devices that support the cultivation, growing or harvesting of marihuana.

f.

Any portion of the structure where energy usage and heat exceeds typical residential use, such as a grow room, and the storage of any chemicals such as herbicides, pesticides, and fertilizers shall be subject to inspection and approval by the fire department to insure compliance with the Michigan Fire Protection Code.

g.

They shall not be operated from a business which sells alcoholic beverages.

h.

The establishment shall not be located in such proximity to churches or community centers so as to annoy, injure, offend, disrupt, disturb, or interfere with the activities conducted thereon or the persons conducting, attending, or traveling to or from such premises.

i.

The establishment shall not cause or continue an undue concentration of similar uses in the neighborhood such that dispensaries and medical marihuana paraphernalia trade become a dominant influence or feature of the district or neighborhood and no caregiver operation or dispensary shall be located within 500 feet of another caregiver operation or dispensary.

j.

The establishment shall be designed, operated, and maintained at all times consistent with responsible business practices and so that no excessive demands shall be placed upon public safety services, nor any excessive risk of harm to the public health, safety, or sanitation, interference with vehicular or pedestrian traffic or parking, or the continuance or maintenance of any unlawful conduct, public nuisance, or disorderly conduct either within the establishment or on or about the adjacent businesses and public streets, alleys, parks, parking facilities, or other areas open to the public. The establishment shall make reasonable effort to report to authorities any unlawful conduct that is observed from the premises. The requirements of this section shall be a written condition of each special use permit issued to a dispensary or caregiver operation.

k.

No drive-through facilities shall be permitted.

l.

They may not be operated out of a residence or residential structure.

m.

All transfers and deliveries of medical marihuana to qualifying patients must occur within the structure out of public view or inside the patient's residence.

n.

The consumption of medical marihuana on the premises is prohibited.

(7)

Household pet daycares. The following additional standards shall apply to household pet daycares:

a.

Household pet daycare shall be located within a fully enclosed accessory structure meeting the requirements of the zoning code. Such accessory structure shall be located in the rear yard no closer than 100 feet from any adjoining dwelling and no closer than 25 feet from the dwelling of the owner thereof.

b.

The enclosure shall be properly ventilated to prevent drafts and remove odors, shall be of sufficient size to accommodate the animals, and shall be designed so as to prevent rats, mice, or other rodents from being harbored underneath, inside, or inside the walls of the enclosure.

c.

Outdoor activities must be supervised and restricted to the hours between 9:00 a.m. and 5:00 p.m.; and fully contained within a six-foot high solid fenced area in the rear yard. The required fenced area shall be a minimum of 15 feet from the property line. A fence located on a property line shall not satisfy the requirement for a fenced area.

d.

Hours of operation shall be 12 hours or less and be restricted to the hours between 6:00 a.m. and 7:00 p.m. Animals shall be kept within the accessory structure or within a fenced area at all times unless leashed, and shall not be permitted to run at large.

e.

All structures for the keeping of such animals shall be constructed of material that can be easily cleaned and shall be kept in a clean and sanitary condition. The required fenced area must be cleaned daily and kept free from trash and accumulated droppings. Appropriate disposal of droppings is required. All provisions of the city Code relating to noise, odor, and sanitation, including the provisions of this article, shall apply to the keeping of animals under this section.

(8)

Reduced building height. Where a special use permit is required to permit building height below the level permitted in any use district, such buildings may be approved only if they comply with subsection (a) of this section and one of the following additional standards:

a.

The proposed building is of a particular architectural style that has significant importance to the proposed use of the building or is deemed an architecturally significant addition to the overall attractiveness of the district and the applicant has demonstrated that there is no reasonable alternative to the height sought in achieving such attractive construction.

b.

The proposed use contributes substantially to the mix of desirable commercial, residential, social, cultural or employment opportunities or public amenities or open space available in the business district to achieve one or more public goals or objectives as specified in the comprehensive plan or other strategic plan of the city, to benefit the business district, the adjacent residential or public areas or the city as a whole.

(9)

Kennels, including small animal veterinary hospitals and clinics. The following additional standards shall apply to kennels and small animal veterinary hospitals and clinics:

a.

Pet daycare shall be located within a fully enclosed structure meeting the requirements of the zoning code.

b.

The enclosure shall be properly ventilated to prevent drafts and remove odors, shall be of sufficient size to accommodate the animals, and shall be designed so as to prevent rats, mice, or other rodents from being harbored underneath, inside, or inside the walls of the enclosure.

c.

No outside exercise or training areas shall be located within 500 feet from any property zoned residential, excepting Residential Agricultural.

d.

Outdoor activities must be supervised and fully contained within a six-foot high solid and opaque fenced area in the rear yard. The required fenced area shall be a minimum of 15 feet from the property line. A fence located on a property line shall not satisfy the requirement for a fenced area.

e.

Hours of operation for outdoor activities shall be restricted as set forth in the special use permit. Animals shall be kept within a structure or within a fenced area at all times unless leashed, and shall not be permitted to run at large.

f.

All structures for the keeping of such animals shall be constructed of material that can be easily cleaned and shall be kept in a clean and sanitary condition. The required fenced area must be cleaned daily and kept free from trash and accumulated droppings. Appropriate disposal of droppings is required. All provisions of the city Code relating to noise, odor, and sanitation, including the provisions of this article, shall apply to the keeping of animals under this section.

(Code 1994, ch. 55, § 5.164; Ord. No. 953, 10-5-1999; Ord. No. 954, 2-1-2000; Ord. No. 970, pt. IX, 4-3-2001; Ord. No. 1061, 2-7-2006; Ord. No. 1245C, 3-15-2011; Ord. No. 1285, 1-15-2013; Ord. No. 1302, 12-17-2013; Ord. No. 1348-C, 2-2-2016; Ord. No. 1384, 11-9-2016; Ord. No. 1425, 6-5-2018; Ord. No. 1437a, 10-16-2018; Ord. No. 1492, 12-15-2020; Ord. No. 1546, 8-12-2025)

(a)

All uses. Except as may be provided elsewhere in this section or chapter and except to the extent the standards would interfere with or conflict with statutory regulations for the licensing of marihuana facilities under the Medical Marihuana Facilities Licensing Act, each special use permit for a medical marihuana facility shall meet the standards of section 50-94(a) and the following standards.

(1)

They shall comply at all times and in all circumstances with the Michigan Medical Marihuana Facilities Licensing Act, the Michigan Medical Marihuana Act and the rules of the Michigan Department of Community Health and the Department of Licensing and Regulatory Affairs and provide a copy of official paperwork issued by LARA indicating that the applicant has successfully completed the prequalification application for a state operating license at the time of filing a site plan. An approved special use permit issued under this chapter is valid only if the permit holder also holds a valid current state operating license and a copy of the valid current state license has been provided to the city clerk by the holder.

(2)

They must be located outside of 1,000 feet from the lot lines of any school, including any licensed facility with after school programs, child care centers, or daycare centers, to insure community compliance with federal "Drug-Free School Zones" requirements.

(3)

They may not be operated out of a residence or residential structure.

(4)

The consumption of alcohol, medical marihuana or tobacco products on the premises is prohibited.

(5)

The facility shall be operated and maintained at all times so that any by-products or waste of any kind shall be properly and lawfully kept and disposed of so as to preclude any risk of harm to the public health, safety or welfare.

(6)

All transfers and deliveries of medical marihuana, marihuana infused products, marihuana seeds, and marihuana plants to facilities on different properties must be to a processor, a provisioning center, or safety compliance facility and only by means of a secure transporter and must occur within the structure out of public view except as allowed by the Medical Marihuana Facilities Licensing Act or rules or regulations promulgated thereunder. Licensed grower, processors, provisioning centers, and safety compliance facilities that have stacked license or are located on the same property are allowed to transfer medical marihuana, marihuana infused products, marihuana seeds, and marihuana plants without the use of a secure transporter.

(7)

They may not concurrently act as a primary caregiver or dispensary out of or in conjunction with a processor, a safety compliance facility, a secure transporter facility, or a growing facility.

(8)

Except when in the process of being transferred, being processed, or during the process of testing all marihuana and marihuana infused product shall be contained within an enclosed, locked facility, inaccessible on all sides and equipped with locks that permit access only by the licensed growers or their employees, as reviewed and approved by the building official and the police department.

(9)

The facility shall be designed, operated, and maintained at all times consistent with responsible business practices so that there shall be no excessive demands placed upon public safety services, nor any excessive risk of harm to the public health, safety, or sanitation, or environmental quality, interference with vehicular or pedestrian traffic or parking, or the continuance or maintenance of any conduct unlawful under state or local law, public nuisance, or disorderly conduct either within the establishment or on or about the adjacent businesses and public streets, alleys, parks, parking facilities, or other areas open to the public. The establishment shall make reasonable effort to report to authorities any conduct unlawful under state or local law that is observed from the premises.

(10)

No marihuana shall be cultivated, grown, manufactured, or processed in any manner that would emit odors reasonably discernable to another person outside the area from which the odor is generated. If the facility is in a building, the odor must be prevented by the installation of an operable filtration to ventilation and exhaust equipment and odors must otherwise be effectively confined to the interior of the building from which the odor is generated.

(11)

Cultivation of marihuana in an outdoor facility shall be permitted so long as the area is enclosed, locked, and inaccessible on all sides, and that the structure meets all building code and zoning regulations.

(12)

The licensee of any facility must pay an annual, nonrefundable fee of $5,000.00 to the city.

(13)

The proposed size, height, architectural character and placement of any renovated structures on the site shall be reasonably compatible with the existing or anticipated buildings on adjacent properties.

(b)

Additional specific special use standards for medical marihuana provisioning center facilities. In addition to the standards set forth in this section and section 50-94a of this Code, to address their unique characteristics, medical marihuana provisioning center facilities shall also meet the applicable standards below except to the extent the standard or standards would interfere with or conflict with statutory regulations for the licensing of marihuana facilities under the Michigan Medical Marihuana Facilities Licensing Act.

(1)

The establishment shall not cause or continue an undue concentration of similar uses in the neighborhood such that medical marihuana provisioning center facilities and paraphernalia trade become a dominant influence or feature of the district or neighborhood.

(2)

Hours of operation must be set between 8:00 a.m. and 9:00 p.m.

(3)

No marihuana or marihuana-infused products shall be visible from the exterior of the facility.

(4)

All marihuana and marihuana-infused products shall be contained within locked containers or locked display cases unless being displayed to a patient on the premises by a caregiver.

(5)

The operators of the medical marihuana provisioning center facility shall provide an annual donation in the amount of one percent of net profits from its operations or $5,000.00, whichever amount is greater, to an organization qualifying for exemption from taxation pursuant to 26 USC 501(c)(3) largely benefitting the residents of East Lansing and organized and operated exclusively for purposes of improving the lives of people with low to moderate income, conserving or improving natural resources, or preventing cruelty to children or animals, and with the use of the funds being in accordance with MCL 125.3504.

(6)

No medical marihuana provisioning center shall be allowed to locate within 500 feet of the lot lines of another medical marihuana provisioning center except that in the medical marihuana provisioning center facility overlay district located in the DDA District, no medical marihuana provisioning center facility shall be permitted to locate within 1,000 feet of another medical marihuana provisioning center facility.

(Ord. No. 1395, 12-5-2017; Ord. No. 1416a, 11-7-2018; Ord. No. 1448, 3-26-2019)

(a)

All uses. Except as may be provided elsewhere in this section or chapter and except to the extent the standards would interfere with or conflict with statutory regulations for the licensing of marihuana facilities under the Michigan Regulation and Taxation of Marihuana Act, each special use permit for a marihuana establishment shall meet the standards of section 50-94(a) and the following standards.

(1)

They shall comply at all times and in all circumstances with the Michigan Regulation and Taxation of Marihuana Act, Michigan Medical Marihuana Facilities Licensing Act, the Michigan Medical Marihuana Act and the rules of the Michigan Department of Health and Human Resources and the department of licensing and regulatory affairs. An approved special use permit issued under this chapter is valid only if the permit holder also holds a valid current state operating license and a copy of the valid current state license has been provided to the city clerk by the holder.

(2)

They must be located outside of 1,000 feet from the lot lines of any school, including any licensed facility with after school programs, child care centers, or daycare centers, to insure community compliance with federal "Drug-Free School Zones" requirements.

(3)

They may not be operated out of a residence or residential structure.

(4)

The consumption of alcohol, marihuana or tobacco products on the premises is prohibited.

(5)

The facility shall be operated and maintained at all times so that any by-products or waste of any kind shall be properly and lawfully kept and disposed of so as to preclude any risk of harm to the public health, safety or welfare.

(6)

Except when in the process of being transferred, being processed, or during the process of testing all marihuana and marihuana infused product shall be contained within an enclosed, locked facility, inaccessible on all sides and equipped with locks that permit access only by the licensed growers or their employees, as reviewed and approved by the building official and the police department.

(7)

The facility shall be designed, operated, and maintained at all times consistent with responsible business practices so that there shall be no excessive demands placed upon public safety services, nor any excessive risk of harm to the public health, safety, or sanitation, or environmental quality, interference with vehicular or pedestrian traffic or parking, or the continuance or maintenance of any conduct unlawful under state or local law, public nuisance, or disorderly conduct either within the establishment or on or about the adjacent businesses and public streets, alleys, parks, parking facilities, or other areas open to the public. The establishment shall make reasonable effort to report to authorities any conduct unlawful under state or local law that is observed from the premises.

(8)

No marihuana shall be cultivated, grown, manufactured, or processed in any manner that would emit odors reasonably discernable to another person outside the area from which the odor is generated. If the facility is in a building, the odor must be prevented by the installation of an operable filtration to ventilation and exhaust equipment and odors must otherwise be effectively confined to the interior of the building from which the odor is generated.

(9)

Cultivation of marihuana in an outdoor facility shall be permitted so long as the area is enclosed, locked, and inaccessible on all sides, and that the structure meets all building code and zoning regulations.

(10)

The licensee of any facility must pay an annual, nonrefundable fee of $5,000.00 to the city.

(11)

The proposed size, height, architectural character and placement of any renovated structures on the site shall be reasonably compatible with the existing or anticipated buildings on adjacent properties.

(b)

Additional specific special use standards for marihuana retailers. In addition to the standards set forth in this section and section 50-94(a) of this Code, to address their unique characteristics, marihuana retailers shall also meet the applicable standards below except to the extent the standard or standards would interfere with or conflict with statutory regulations for the licensing of marihuana establishments under the Michigan Regulation and Taxation of Marihuana Act.

(1)

The establishment shall not cause or continue an undue concentration of similar uses in the neighborhood such that medical marihuana provisioning center facilities and paraphernalia trade become a dominant influence or feature of the district or neighborhood.

(2)

Hours of operation must be set between 8:00 a.m. and 9:00 p.m.

(3)

No marihuana or marihuana-infused products shall be visible from the exterior of the facility.

(4)

All marihuana and marihuana-infused products shall be contained within locked containers or locked display cases unless being displayed to a patient or a customer on the premises by a caregiver or retailer.

(5)

The operators of the marihuana retail establishment shall provide an annual donation in the amount of one percent of net profits from its operations or $5,000.00, whichever amount is greater, to an organization qualifying for exemption from taxation pursuant to 26 USC 501(c)(3) largely benefitting the residents of East Lansing and organized and operated exclusively for purposes of improving the lives of people with low to moderate income, conserving or improving natural resources, or preventing cruelty to children or animals, and with the use of the funds being in accordance with MCL 125.3504.

(6)

The marihuana retailers must have been issued a special use permit for a medical marihuana provisioning center facility and have an equivalent license issued by the State as defined by the administrative rules for the Michigan Regulation and Taxation of Marihuana Act for the same.

(Ord. No. 1469, 10-29-2019)

(a)

The planning and zoning official shall make periodic investigations of developments authorized by special use permit. Any violations shall be corrected within 30 days after an order to correct has been issued by the planning and zoning official. Violations not so corrected shall automatically cancel the certificate of occupancy and compliance.

(b)

If the planning and zoning official finds conditions prohibited by section 50-94(b)(2)c continue unabated for seven days during any 30-day period after a notice of violation and order to correct have been issued, the special use permit shall be suspended and the certificate of occupancy and compliance canceled until the proprietor of the restaurant provides adequate assurances that the adverse conditions have been remedied, which assurances may include the requirement of a cash bond in an amount sufficient to reimburse the city for any unusual expenses incurred and the adjacent property for any damages suffered; or if no adequate assurances can be provided, shall revoke the special use permit and the certificate of compliance and occupancy subject to review as provided by section 50-62 and section 50-64.

(Code 1994, ch. 55, § 5.165; Ord. No. 1061, 2-7-2006)

Whenever a special use permit is issued upon stipulated specific provisions pursuant to section 50-93, the permit shall not be effective until such time as a memorandum of the protective provisions constituting the conditions has been recorded with the Ingham County Register of Deeds. The memorandum shall be in a form approved by the planning commission, and acknowledged in writing by all of the owners of the property. It shall be the duty of the applicant for the permit to record same and to pay any fees for said recording. The planning commission shall cause the special use permit to include a recitation of the provisions of this section in language sufficient to give notice of the substance of the conditions of this section.

(Code 1994, ch. 55, § 5.166)

(a)

If any use for which a special use permit has been granted is not established or under construction within 12 months of the date of the granting of the permit, the permit shall automatically be terminated.

(b)

If work on the proposed development has not begun within the 12-month period, the approval shall automatically become null and void and all rights thereunder shall terminate. Upon written application filed prior to the termination of the 12-month period, the planning commission may authorize one extension of the time limit for a further period of 12 months without the necessity of holding another public hearing thereon. Once work on the proposed development has begun, it shall be completed in accordance with the provisions and the limits or extended limits of subsection 50-35(h) of this chapter. For developments which include two or more principal buildings or otherwise include improvements which are to be constructed in phases, each phase shall be considered as a separate project for the purposes of subsection 50-35(h).

(c)

Use permits shall be automatically terminated if the use for which the permit was granted has ceased or has been suspended for a period of one year.

(d)

No application for a special use permit which has been denied by the planning commission and/or city council shall be accepted before the expiration of one year from the date of such denial, except on grounds of newly discovered evidence or substantially changed conditions that would warrant such reconsideration by the planning commission and/or city council.

(Code 1994, ch. 55, § 5.167; Ord. No. 1236, 8-17-2010)

The provisions of this division shall be held to be the minimum requirements adopted to evaluate the expected impacts of proposed land development projects to assist in a decision-making process that is a comprehensive approach to evaluating the overall impacts of various developments to the existing and proposed transportation system within the community.

(Ord. No. 1162, 4-17-2007)

Editor's note— Ord. No. 1543, adopted July 15, 2025, in effect repealed § 50-102, which pertained to definitions and derived from Ord. No. 1162, adopted April 17, 2007, by moving the definitions previously set out therein to §§ 50-5—50-9.

No rezoning or site plan application, as provided for in this chapter, or plat application, as provided for in chapter 40, shall be recommended for approval by the planning commission unless the applicant has submitted and the planning commission and transportation commission have considered a traffic impact study consistent with the requirements of this chapter and related land development regulations.

(Ord. No. 1162, 4-17-2007)

A traffic impact study shall be required and shall be submitted by the petitioner with any application for a rezoning, site plan or plat under any of the following situations:

(1)

The following rezoning requests, if received without a corresponding site plan proposal, shall require a rezoning traffic impact study:

a.

A proposed rezoning when the highest traffic generation expected from among the typical uses permitted in the proposed zone, as determined by the planning and zoning official, would increase directional trips during a peak hour by at least 100 or would increase directional trips during an average day by at least 750 as compared with the traffic generation expected from the existing use(s) of the property.

b.

Proposed rezoning of a site along any corridor identified as a critical or deficient transportation corridor in the master plan or regional transportation plan.

(2)

A proposed site plan or plat to develop or redevelop a site where:

a.

The traffic expected to be generated is at least 100 directional trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or at least 750 trips during an average day shall require a traffic impact statement.

b.

The traffic expected to be generated is 50 to 99 directional trips during a peak hour shall require a traffic impact assessment.

c.

It is proposed along a corridor identified in the master plan or regional transportation plan as critical or deficient and it would be expected to generate at least 50 directional trips during the peak hour of the traffic generator or the adjacent streets, or at least 500 trips during an average day shall require a traffic impact statement.

d.

Traffic access and circulation facilities may be expected, as determined by the city engineer, to have some appreciable negative effect on the adjacent street system shall require a traffic impact statement.

(3)

A change or expansion to either an existing site plan or an approved phased development plan that:

a.

Is expected to increase traffic by at least 50 directional trips during a peak hour or by at least 500 vehicle trips for the entire site during an average day shall require a traffic impact assessment.

b.

Is expected to both increase traffic by at least 250 directional trips per day for the entire site during an average day and result in a total of at least 750 directional trips per day for the entire site, and for which a traffic impact study has not been performed and submitted to the city for four years shall require a traffic assessment.

c.

Modifies traffic access and circulation facilities in ways that may, as determined by the city engineer, have some appreciable negative effect on the adjacent street system shall require a traffic impact statement.

(4)

Exceptions:

a.

A traffic impact study shall not be required for applications to zone a neighborhood into a rental restriction overlay district as provided for in division 5 of article VI of this chapter;

b.

Since uses in the downtown typically do not provide on-site parking and access facilities, a traffic impact study shall generally not be required for a proposed site plan in the B-3 City Center Commercial District; however, for uses that do include on-site parking and access facilities, the city engineer may require a traffic impact statement or assessment where the use may have some appreciable negative effect on the adjacent street system;

c.

A traffic impact study shall not be required for applications for existing restaurants or retail stores seeking special use permit approval to allow the sale of alcohol, as long as the capacity of the restaurant or size of the store is not being increased;

d.

A traffic impact study shall not be required for a modification to an existing site plan that is administratively approved in accordance with subsection 50-36(k) of this chapter;

e.

A traffic impact study shall not be required for a wireless communication facility as provided for in section 50-153 of this chapter.

(Ord. No. 1162, 4-17-2007)

The specific information required in the traffic impact study shall be determined at a preapplication conference with the city engineer or his/her designee from the following items:

(1)

A description of the site, surroundings, and study area including:

a.

Illustrations.

b.

A narrative describing the adjacent roadway system.

c.

The surrounding land uses, expected development in the vicinity which could influence future traffic conditions, special site features and a description of any committed roadway improvements.

d.

Justification of the study area selected for analysis.

(2)

A description of the requested rezoning and a comparison of the potential uses allowed under current and proposed zoning.

(3)

Existing traffic conditions including:

a.

Peak-hour traffic volumes (and daily volumes if applicable) on street(s) adjacent to the site which are two years old or less.

b.

Counts and levels of service for intersections in the vicinity which are included in the study area.

c.

Estimated traffic generated by the current or most recent use of the site.

(4)

Existing roadway characteristics.

(5)

Existing driveways and potential turning movement conflicts.

(6)

Existing right-of-way along with any planned or desired expansion of the right-of-way requested by the city.

(7)

Traffic crash data and analysis covering the most recent three (3) years for the study area or proximity to site access points.

(8)

For any project requiring a Traffic Impact Statement with a completion date beyond one year at the time of the traffic study, the study shall also include a scenario analyzing forecast traffic at date of completion along the adjacent street network using a forecast based on a network traffic assignment model, historic annual percentage increases and/or future development in the area which has been approved.

(9)

Forecasted trip generation of the proposed use for the a.m. and p.m. peak hour and average day. The forecasts shall be based on the data and procedures outlined in the most recent edition of Trip Generation published by the Institute of Transportation Engineers (ITE). The applicant may use other commonly accepted sources of data or supplement the standard data with data from at least three similar projects in Michigan.

a.

For rezoning requests where a traffic study is required, the study should contrast the traffic impacts of typical uses permitted in the requested zoning district with uses permitted in the current zoning district. The determination of typical uses shall be made by the planning and zoning official. For traffic impact assessments, statements, or regional traffic analyses, the rates or formulas for the specific use(s) proposed shall be used.

b.

Any trip reduction for pass-by trips, transit, ridesharing, other modes, internal capture rates, etc., shall be based either on ITE findings or documented survey results acceptable to the city. The city may elect to reduce the trip reduction rates used.

c.

For projects intended to be developed in phases, the trip generation by phase shall be described.

(10)

Traffic distribution where the projected traffic generated shall be distributed (inbound v. outbound, left turn v. right turn) onto the existing street network to project turning movements at site access points, and nearby intersections where required. Projected turning movements shall be illustrated in the report. A description of the standard engineering procedures for determining the distribution should also be attached.

(11)

Impact analysis.

a.

Level of service or capacity analysis at the proposed access points using the procedures outlined in the most recent edition of the Highway Capacity Manual published by the Transportation Research Board. For projects requiring a traffic impact statement or regional traffic analysis, before and after capacity analyses shall also be performed for all street intersections where the expected traffic generated at the site will comprise at least five percent of the existing intersection capacity, and/or for roadway sections and intersections experiencing congestion or a relatively high crash rate, as determined by the city or applicable road agency.

b.

Gap studies for unsignalized intersections where applicable.

c.

The city engineer may require a regional traffic analysis which evaluates the impact on the street network over a wide area and/or for up to 20 years for a project of regional significance, if a network model is available.

(12)

Access design/Access management standards which shall include a map and description of the location and design of proposed access (driveways or new street intersections) including:

a.

Any sight distance limitations.

b.

Dimensions from adjacent driveways and intersections within 250 feet on either side of the main roadway.

c.

Data to demonstrate that the number of access points proposed is the fewest necessary and that they will provide safe and efficient traffic operation based on current standards of the city and other applicable road agencies.

(13)

Mitigation/alternatives that demonstrate any changes to the level of service achieved by these measures. Any alternatives or suggested phasing of improvements should be described. The mitigation measures may include items such as roadway widening, need for bypass lanes or deceleration tapers/lanes, changes to signalization, use of access management techniques or a reduction in the proposed intensity of use. Proposed mitigation measures should be discussed with the applicable road agency. The responsibility and timing of roadway improvements shall be described.

(14)

Description of any needed nonmotorized facilities.

(15)

Description of site circulation and available sight distances at site driveways.

(16)

If the use involves a drive-through facility, the adequacy of the (queuing stacking) area should be evaluated.

(17)

If a median crossover is desired, separate analysis should be provided.

(18)

If a traffic signal is being requested, the relationship of anticipated traffic to traffic signal warrants in the Michigan Manual of Uniform Traffic Control Devices. Analysis should also be provided on the impacts to traffic progression along the roadway through coordinated timing, etc.

(19)

Any additional requirements that may be necessary to reasonably evaluate and mitigate the potential traffic impacts of the proposed development.

(Ord. No. 1162, 4-17-2007)

The requirement for a traffic impact study, or the study elements listed in section 50-105, Traffic impact study requirements, may be waived/modified solely at the discretion of the city following the pre-development conference called for at section 50-105 and consultation with the city engineer. Reasons for the waiver or modification shall be documented by the city engineer. Reasons to be considered may include, but not be limited to, the following:

(1)

Roadway improvements are scheduled which are expected to mitigate any impacts associated with the proposed project.

(2)

The existing level of service along the roadway is not expected to drop below C due to the proposed project.

(3)

The existing level of service in not expected to be significantly impacted by the proposed project due to specific conditions at this location.

(4)

A similar traffic study was previously prepared for the site and is still considered applicable.

(Ord. No. 1162, 4-17-2007)

At the time of submitting the traffic impact study, the applicant will be required to submit a review fee in an amount to be established by resolution of the city council for use to reimburse actual costs required in review of the traffic impact study. The study will be reviewed by the city or its designee.

(Ord. No. 1162, 4-17-2007)

(a)

Study preparer. The traffic impact study shall be prepared by a trained traffic engineer or transportation planner with extensive background and experience in traffic-related analyses. The city engineer shall prepare and maintain policy guidelines describing the required qualifications for a study preparer and the documentation required in each study. These policy guidelines, and any future amendments, shall be approved by the transportation commission.

(b)

Reviewer. To ensure that the analysis and recommendations are based on accepted practices, the traffic impact study shall be reviewed by a trained traffic engineer or transportation planner. The qualifications of the reviewer should parallel those of the preparer as outlined above.

(Ord. No. 1162, 4-17-2007)

(a)

The applicant shall meet with the city engineer or his/her designee in a preapplication conference to determine if a study is needed, what type of study is needed and specific items to be addressed.

(b)

A revised study may be required as the scope and details of the land use proposal change.

(c)

When an application is submitted, the planning and zoning official shall forward the traffic impact study to the city engineer. The planning and zoning official and the city engineer shall establish an expected review schedule for the application.

(d)

The city engineer shall distribute the traffic impact study to the appropriate road agencies, and adjacent communities, if appropriate, for comments and advise them of the expected review schedule. A copy may also be submitted to the metropolitan planning organization, transit agency, etc., as appropriate for projects of regional significance or along critical corridors.

(e)

Road and other review agencies may provide the city review authority with comments prior to final action on the land use proposal.

(f)

The required study shall be reviewed by the city engineer and/or his/her designated reviewer. The study and the city engineer's report and any comments received from other review agencies shall be submitted to the transportation commission for review. Final action on the application shall not be taken by the planning commission until the transportation commission has had the opportunity to review and comment on the application at a regular meeting.

(g)

The study and the city engineer's report and any comments or recommendations from the transportation commission shall be forwarded to the planning commission and the city council prior to their final action on the application.

(Ord. No. 1162, 4-17-2007)

It is recognized that there are certain instances where it would be in the best interest of the city, as well as advantageous to property owners seeking a change in zoning boundaries, if certain conditions could be proposed by property owners as part of a request for a rezoning. It is the intent of this section to provide a process consistent with the provisions of section 405 of the Michigan Zoning Enabling Act, 2008 PA 110, as amended (codified at MCL 125.3405 et seq.) by which an owner seeking a rezoning may voluntarily propose conditions regarding the use and/or development of land as part of the rezoning request.

(Ord. No. 1252, 3-20-2012)

(a)

An owner of land may voluntarily offer in writing conditions relating to the use and/or development of land for which a rezoning is requested. This written offer shall be made prior to the planning commission public hearing.

(b)

The required application and process for considering a rezoning request with conditions shall be the same as that for considering rezoning requests made without any offer of conditions, except as modified by the requirements of this division.

(c)

The owner's offer of conditions may not purport to authorize uses or developments not permitted in the requested new zoning district.

(d)

The owner's offer of conditions shall bear a reasonable and rational relationship to the property for which rezoning is requested.

(e)

Any use or development proposed as part of an offer of conditions that would require a special land use permit under the terms of section 50-91 of this Code may only be commenced if a special land use permit for such use or development is ultimately granted in accordance with the provisions of this Code.

(f)

Any use or development proposed as part of an offer of conditions that would require a variance under the terms of section 50-61 of this Code may only be commenced if a variance for such use or development is ultimately granted by the zoning board of appeals in accordance with the provisions of this Code.

(g)

Any use or development proposed as part of an offer of conditions that would require site plan approval under the terms of section 50-36 of this Code may only be commenced if site plan approval for such use or development is ultimately granted in accordance with the provisions of this Code.

(h)

The offer of conditions may be amended during the process of rezoning consideration provided that any amended or additional conditions are voluntarily offered by the owner in writing, signed, dated, and made part of the record of proceeding. An owner may withdraw all or part of its offer of conditions any time prior to final rezoning action of the city council provided that, if such withdrawal occurs subsequent to the planning commission's public hearing on the original rezoning request, then the rezoning application shall be referred to the planning commission for a new public hearing with appropriate notice and a new recommendation.

(i)

The offer shall be supplemented with sufficient graphic representation to depict written conditions.

(j)

The owner shall describe how the proposed use fits the comprehensive plan and zoning district involved.

(Ord. No. 1252, 3-20-2012)

The planning commission, after public hearing and consideration of the factors for rezoning, set forth in section 50-31(b) of this Code may recommend approval, or denial of the rezoning.

(Ord. No. 1252, 3-20-2012)

After receipt of the planning commission's recommendation, the city council shall deliberate upon the requested rezoning and may approve or deny the conditional rezoning request. The city council's deliberations shall include, but not be limited to, a consideration of the factors for rezoning set forth in section 50-31(b) of this Code. Should the city council consider owner amendments, withdrawing all or part of its offer of conditions, to the proposed conditional rezoning advisable and if such contemplated amendments to the offer of conditions are acceptable to and thereafter offered by the owner, then the city council shall, in accordance with section 308(1) of the Michigan Zoning Enabling Act, MCL 125.3308, refer such amendments to the planning commission for review and recommendation thereon within a time specified by the city council and proceed thereafter in accordance with said statute to deny or approve the conditional rezoning.

(Ord. No. 1252, 3-20-2012)

(a)

If the city council finds the rezoning request and offer of conditions acceptable, the offered conditions shall be incorporated into a formal written conditional rezoning agreement acceptable to the owner and conforming in form to the provisions of this section. The conditional rezoning agreement shall be incorporated by attachment or otherwise as an inseparable part of the ordinance adopted by the city council to accomplish the requested rezoning.

(b)

The conditional rezoning agreement shall:

(1)

Be in a form recordable with the register of deeds of the county in which the subject land is located or, in the alternative, be accompanied by a recordable affidavit or memorandum prepared and signed by the owner giving notice of the conditional rezoning agreement in a manner acceptable to the city council.

(2)

Contain a legal description of the land to which it pertains.

(3)

Contain a statement acknowledging that the conditional rezoning agreement runs with the land and is binding upon successor owners of the land.

(4)

Incorporate by attachment or reference any diagram, plans or other documents submitted or approved by the owner that are necessary to illustrate the implementation of the conditional rezoning agreement. If any such documents are incorporated by reference, the reference shall specify where the document may be examined.

(5)

Contain a statement acknowledging that the conditional rezoning agreement or an affidavit or memorandum giving notice thereof may be recorded by the city with the register of deeds of the county in which the land referenced in the conditional rezoning agreement is located.

(6)

Contain the notarized signatures of all of the owners of the subject land preceded by a statement attesting to the fact that they voluntarily offer and consent to the provisions contained within the conditional rezoning agreement.

(7)

Other information as requested by the city necessary to define the conditional rezoning agreement.

(c)

Upon the rezoning taking effect, the zoning map shall be amended to reflect the new zoning classification along with a designation that the land was rezoned with a conditional rezoning agreement. The city clerk shall maintain a listing of all lands rezoned with a conditional rezoning agreement.

(d)

The approved conditional rezoning agreement or an affidavit or memorandum giving notice thereof shall be filed by the city with the register of deeds of the county in which the land is located.

(e)

Upon the rezoning taking effect, the use of the land so rezoned shall conform thereafter to all of the requirements regulating use and development within the new zoning district as modified by any more restrictive provisions contained in the conditional rezoning agreement.

(Ord. No. 1252, 3-20-2012)

(a)

Any person who establishes a development or commences a use upon land that has been rezoned with conditions shall continuously operate and maintain the development or use in compliance with all of the conditions set forth in the conditional rezoning agreement. Any failure to comply with a condition contained within the conditional rezoning agreement shall constitute a violation of this zoning code and be punishable accordingly. Additionally, any such violation shall be deemed a nuisance per se and subject to judicial abatement as provided by law.

(b)

No permit or approval shall be granted under this division for any use or development that is contrary to an applicable conditional rezoning agreement.

(Ord. No. 1252, 3-20-2012)

Unless another time period is specified in the ordinance conditionally rezoning the subject land, the approved development and/or use of the land pursuant to building and other required permits must be commenced upon the land within 18 months after the conditional rezoning took effect and thereafter proceed diligently to completion. This time limitation may upon written request be extended by the city council if:

(1)

It is demonstrated to the city's reasonable satisfaction that there is a strong likelihood that the development and/or use will commence within the period of extension and proceed diligently thereafter to completion; and

(2)

The city council finds that there has not been a change in circumstances that would render the current zoning with a conditional rezoning agreement incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy.

(Ord. No. 1252, 3-20-2012; Ord. No. 1543, 7-15-2025)

If approved development and/or use of the rezoned land do not occur within the time frame specified under section 50-116, then the land shall revert to its former zoning classification as set forth in MCL 125.3405(2). The reversion process shall be initiated by the planning and zoning official, at the time which the conditional rezoning agreement is no longer valid, requesting that the planning commission proceed with consideration of rezoning of the land to its former zoning classification. The procedure for considering and making this reversionary rezoning shall thereafter be the same as applies to all other rezoning requests.

(Ord. No. 1252, 3-20-2012)

When land that is rezoned with a conditional rezoning agreement is thereafter rezoned to a different zoning classification or to the same zoning classification but with a different or no conditional rezoning agreement, whether as a result of a reversion of zoning pursuant to section 50-117 above or otherwise, the conditional rezoning agreement imposed under the former zoning classification shall cease to be in effect. Upon the owner's written request, the city clerk shall record with the register of deeds of the county in which the land is located a notice that the conditional rezoning agreement is no longer in effect.

(Ord. No. 1252, 3-20-2012)

(a)

During the time period for commencement of an approved development or use specified pursuant to section 50-116 above or during any extension thereof granted by the city council, the city shall not add to or alter the conditions in the conditional rezoning agreement.

(b)

The conditional rezoning agreement may be amended thereafter in the same manner as was prescribed for the original rezoning and conditional rezoning agreement.

(Ord. No. 1252, 3-20-2012)

Nothing in the conditional rezoning agreement nor in the provisions of this section shall be deemed to prohibit the city from rezoning all or any portion of land that is subject to a conditional rezoning agreement to another zoning classification; provided, however, that no such rezoning shall be effective prior to the expiration of the time period for commencement of the development or land use as specified under section 50-116. Any rezoning shall be conducted in compliance with this division and the Michigan Zoning Enabling Act, MCL 125.3308.

(Ord. No. 1252, 3-20-2012)

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

(Ord. No. 1252, 3-20-2012)

A notice of the conditional rezoning ordinance adoption shall include a summary of conditions of approval and be published and mailed in accordance with the requirements set forth in section 50-31(c).

(Ord. No. 1252, 3-20-2012)

The planning and zoning official shall make periodic investigations of developments authorized by conditional rezoning. Any violations shall be corrected within 30 days after an order to correct has been issued by the planning and zoning official. Violations not so corrected shall automatically cancel the certificate of occupancy and compliance.

(Ord. No. 1252, 3-20-2012)