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Fennville City Zoning Code

ARTICLE 19

Site Plan Review

§ 450-1901 Site plan review and approval.

A. 
A site plan review procedure is hereby established for the City. The purpose of a site plan review is to determine compliance with the provisions set forth herein and to promote the orderly development of the City, the stability of land values and investments in the general welfare, and to help prevent impairment or depreciation of land values and development by the erection of structures, additions, or alterations thereto without proper attention to siting and appearance.

§ 450-1902 Site plan required.

[Amended 4-15-2025 by Ord. No. 2025-03]
A. 
Except as provided in § 450-1903 herein, the development of any new use, the construction of any new structures, any change in existing use of land or structure, and all other building or development activities shall require site plan approval by the Planning Commission pursuant to this section. For example, site plan review shall be required for any of the following activities (but not limited to):
(1) 
Erection, moving, relocation, conversion, or structural alteration to a building or structure to create additional floor space, other than a single-family, two-family, triplex, or quadplex dwelling.
(2) 
Any development which would, if approved, provide for the establishment of more than one principal use on a parcel, such as, for example, a single-family site condominium or similar project where a parcel is developed to include two or more sites for detached single-family units.
(3) 
Development of all non-single-family, two-family, triplex, or quadplex residential uses.
(4) 
Any change in use that could affect compliance with standards set forth in this chapter, other than for single-family and two-family residential uses.
(5) 
Expansion or paving of off-street parking involving 20 or more spaces and/or change in circulation or access for other than a single-family, two-family, triplex, or quadplex dwelling.
(6) 
Any excavation, filling, soil removal, or creation of ponds.
(7) 
The development or construction of any accessory uses or structures, except for uses or structures that are accessory to a single-family or two-family residential dwelling.
(8) 
Any use or development for which a submission of a site plan is required by the provisions of this chapter.

§ 450-1903 Site plan not required.

[Amended 4-15-2025 by Ord. No. 2025-03]
A. 
Notwithstanding the preceding § 450-1902, site plan approval by Planning Commission is not required for the following activities:
(1) 
Construction, moving, relocating, or structurally altering a single-family, two-family, triplex, or quadplex dwelling, including customarily incidental accessory structures.
(2) 
Any excavation, filling, soil removal, or creation of ponds that is less than 1/2 acre in area and less than 50 cubic yards, provided that such activity is normally and customarily incidental to single-family or two-family uses described in this section for which site plan approval is not required.
(3) 
Construction involving only interior improvements where there is no change of use.
(4) 
Construction of an accessory building which has a floor area of no greater than 768 square feet, where no new means of access from a public road is required, and where the proposal complies with applicable zoning requirements.

§ 450-1904 Submission requirements.

A. 
Site plans shall be submitted to the City Administrator or their designee per the site plan review schedule adopted by the City Commission.
B. 
All site plan reviews shall use the following procedures:
(1) 
The Planning Commission shall review the site plan when the City Planner, or their designee, finds the application to be complete and ready for a decision by the Planning Commission. The Planning Commission may elect to postpone or table a decision.
(2) 
The Planning Commission shall approve, approve with specified changes and/or conditions, or disapprove the applicant's request, using the standards described in this article.
(3) 
Conditions or changes stipulated by the Planning Commission shall be recorded in the minutes of the meeting and made available to the applicant in writing.
(4) 
All copies of an approved site plan, with or without conditions, shall contain the signatures of the Chairperson of the Planning Commission and the applicant.
(5) 
Of the site plan copies submitted, one shall be kept on file by the Planning Commission, one retained by the City Clerk, one given to the Zoning Administrator, and one returned to the applicant.
C. 
The following information shall accompany all plans submitted for preliminary and final review:
(1) 
A legal description of the property under consideration.
(2) 
A map indicating the gross land area of the development, the present zoning classification, and the zoning classification and land use of the area surrounding the proposed development, including the location of structures and other improvements.
(3) 
The names and addresses of the architect, planner, designer, or engineer responsible for the preparation of the site plan, including a stamped and signed seal from licensed professionals, as applicable.
(4) 
Drawing or sketches of the exterior and elevations, and/or perspective drawings of the building or structures under consideration.
D. 
Information required. The following information shall be included on site plans submitted for final approval:
(1) 
A scale of not less than one inch equals 40 feet, if the subject property is less than three acres, and one inch equals 100 feet, if it is three acres or more.
(2) 
A schedule for completing the project, including the phasing or timing of all proposed developments.
(3) 
Date, North point, and scale.
(4) 
The dimensions of all lot and property lines, showing the relationship of the subject property to abutting properties.
(5) 
The siting of all structures on the subject property and abutting properties.
(6) 
The location of each proposed structure in the development area, the use or uses to be contained therein, the number of stories, gross building areas, distances between structures and lot lines, setback lines, and approximate location of vehicular entrances and loading points.
(7) 
The location of all existing and proposed drives, driveway widths, site circulation, and parking areas with the number of parking and/or loading spaces provided. This includes parking calculations.
(8) 
All pedestrian walks, malls, or open areas.
(9) 
Location and height of all walls, fences, and screen plantings.
(10) 
A landscaping plan showing the number of plants (with calculations in tabular format), type of plants, irrigation details, maintenance and planting schedule, and other applicable details.
(11) 
Lighting plan details, including proposed fixture type(s), height of ground-mounted fixtures, illumination details, and a photometric plan.
(12) 
The location and right-of-way widths of all abutting streets.
(13) 
Types of surfacing, such as paving, turfing, or gravel to be used at the various locations.
(14) 
For new site development a grading plan with topographic elevation of at least two-foot contours in the area, showing method of storm drainage into City storm sewer system, through catch basins. Site plans for manufactured housing communities are exempt from this provision; however, the preliminary plan must show sufficient on-site stormwater retention from impermeable surfaces within the development for the EGLE regulated twenty-four-hour, twenty-five-year frequency rainfall for western Allegan County.
(15) 
Size and location of proposed sewer and water lines and connections. (Size, capacity, and location of connections required on preliminary site plans for manufactured housing communities.)
(16) 
For multiple-family developments, the number of proposed units.
(17) 
Significant environmental features such as wetlands, shoreline, streams, woodlots, existing trees, and vegetation.
(18) 
Information as may be required by the Planning Commission or Zoning Administrator, or their designee, to assist in the consideration of the proposed development.
(19) 
For all industrial special land use applications, an environmental impact assessment is required. For all other special land uses an environmental impact assessment may be required.

§ 450-1905 Review procedures.

A. 
In order that building, open space, and landscaping will be in harmony with other structures and improvements in the area, and to assure that no undesirable health, safety, noise, and traffic conditions will result from the development, the Planning Commission shall determine whether the site plan meets the following criteria, unless the Planning Commission determines that one or more of such criteria are inapplicable:
(1) 
The Planning Commission may require an environmental impact study or traffic impact study.
(2) 
The site plan shall include all required information in sufficiently complete and understandable form to provide an accurate description of the proposed uses and structures.
(3) 
All elements of the site design shall be harmoniously and efficiently organized in relation to topography, the size and type of parcel, the character of adjoining properties, and the type and size of buildings. The site shall be developed so as to not impede the normal and orderly development or improvement of surrounding properties for uses permitted by this chapter.
(4) 
Landscaping, earth berms, fencing, signs, walls, and other site features shall be designed and located on the site so that the proposed development is aesthetically pleasing and harmonious with nearby existing or future developments.
(5) 
Appropriate measures shall be taken to ensure that the removal or drainage of surface waters will not adversely affect adjoining properties or the capacity of the public or natural storm drainage system. Provisions shall be made for a feasible storm drainage system, the construction of stormwater facilities, and the prevention of erosion. Surface water on all paved areas shall be collected at intervals so that it will not obstruct vehicular or pedestrian traffic and will not create nuisance ponding in paved areas. Final grades may be required to conform to existing and future grades of adjacent properties. Grading and drainage plans shall be subject to review by the City Engineer.
(6) 
The vehicular transportation system shall provide for circulation throughout the site for efficient ingress and egress to all parts of the site by fire and safety equipment.
(7) 
Pedestrian walkways shall be provided as deemed necessary by the Planning Commission for separating pedestrian and vehicular traffic.
(8) 
Recreation and open space areas shall be provided in all multiple-family residential developments.
(9) 
The site plan shall comply with the district requirements for minimum floor space, height of building, lot size, yard space, density, and all other requirements as set forth in this chapter, unless otherwise provided.
(10) 
The requirements for fencing, walks, and other protective barriers shall be complied with as provided in this chapter and as deemed appropriate by the Planning Commission.
(11) 
The applicant shall provide details pertaining to the proposed locations and mechanisms for on-site storage space related to the proposed use.
(12) 
Security measures shall be provided as deemed necessary by public safety personnel for resident protection in all uses, other than single- or two-family residential uses.
(13) 
Fire protection measures shall be provided as deemed necessary by the Fire Chief in conformance with all applicable laws of the State of Michigan for the protection of residents and/or occupants of the structures and surrounding properties.
(14) 
The site plan shall comply with all requirements of the applicable zoning district, unless otherwise provided.
(15) 
Any use in any zoning district shall comply with applicable federal, state, county, and local health and pollution laws and regulations with respect to noise; dust, smoke and other air pollutants; vibration; glare and heat; fire and explosive hazards; gases; electromagnetic radiation; radioactive materials; and toxic and hazardous materials.
B. 
Optional pre-application conference. In order to facilitate processing of a site plan in a timely manner, the applicant may request a pre-application site plan conference with the City Planner and/or Zoning Administrator and other applicable City staff and/or officials. The purpose of such a conference is to provide information and guidance to the applicant that will assist in preparation of the site plan. The applicant need not present drawings or site plans at a pre-application conference, but even if drawings or site plans are presented, no formal action shall be taken on a site plan at a pre-application conference. At any time during the course of preparation of a site plan prior to submission of a formal application, the City will upon request provide information concerning the Zoning Ordinance procedures and standards.

§ 450-1906 Site plan approval.

A. 
The site plan shall be reviewed by the Planning Commission and other appropriate bodies with a recommendation for its approval or disapproval and any conditions the Planning Commission feels should be imposed.
(1) 
The Planning Commission shall have the function and power to approve or disapprove the site plan subject to compliance with such modifications and conditions as may be deemed necessary to carry out the purpose of these regulations and other ordinances.
(2) 
The Planning Commission shall have the function and power to request additional professional review from the City Attorney, Engineering Consultant and/or Planning Consultant, and the permittee shall be responsible for any and all charges incurred therein.
(3) 
The building permit may be revoked in any case where the conditions of such permit have not been or are not being complied with, in which case the City Commission shall give the permittee notice of intention to revoke such permit at least 10 calendar days prior to review of the permit at a hearing before the City Commission. After the City Commission reviews the permit and gives the permit holder/property owner an opportunity to respond at the hearing, the City Commission may revoke a permit if the City Commission finds a preponderance of evidence that a violation exists and has not been remedied prior to the hearing.

§ 450-1907 Site modifications.

A. 
Any structure, use or field change added subsequent to the initial site plan approval must be subject to approval by the Planning Commission. Incidental and minor variations of the approved site plan with the written approval of the Building Inspector/Zoning Administrator shall not invalidate prior site plan approval.
B. 
Minor change. Minor changes to an approved final site plan may be authorized by the City Planner, Zoning Administrator, or their designee, without prior Planning Commission review. If an applicant decides to appeal the disapproval of a minor change, the City shall forward the applicant's file to the Planning Commission for a full site plan review as described in § 450-1905.
Examples of minor changes include the following:
(1) 
Minor variations in concept of design of the development which are determined by the Zoning Administrator not to be major changes.
(2) 
Reconfiguration of parking lots involving 19 parking spaces or less.
(3) 
Increases or decreases of residential or nonresidential floor areas by 10% or less, excluding properties subject to architectural design standards set forth in § 450-1108.
(4) 
Relocation of any surface or subsurface structure or improvement by less than 20 feet from its planned location, excluding properties subject to architectural design standards set forth in § 450-1108.
(5) 
Increases or decreases in planned elevations of finish grades, or changes in the area or materials of paved areas, which affect less than 500 square feet or 5% of the total lot area, whichever is less, excluding properties subject to architectural design standards set forth in § 450-1108.
(6) 
Increases or decreases or changes in type, height, or length of walks, fencing, berms, or screen plantings, excluding properties subject to architectural design standards set forth in § 450-1108.
(7) 
Additions or deletions of permitted accessory uses to the principal uses permitted by the approved site plan.
(8) 
Changes in the location of essential public utilities and services from those approved on the site plan in order to accommodate their installation.
C. 
Phased construction. Where phased or staged construction is contemplated for the development of a project, the site plan submitted must show the interrelationship of the proposed project to the future stages, including the following:
(1) 
Relationship and identification of future structures.
(2) 
Pedestrian and vehicular circulation.
(3) 
Time schedule for completion of the various phases of the proposed construction.
(4) 
Temporary facilities or construction of same as required to facilitate the stated development.

§ 450-1908 Review and final action.

A. 
Initial review. At the first regular meeting at which a site plan proposal is considered, the Planning Commission shall identify major issues that must be resolved and other revisions necessary to obtain site plan approval.
B. 
Public hearing. Site plans involving uses that are subject to special land use approval require a public hearing. After the applicant submits payment of appropriate fees, the Planning Commission will set the date of the public hearing, subject to the requirements.
C. 
Request for revisions. Upon review of the site plan proposal, the Planning Commission may require the applicant to complete revisions and submit the plans for revisions prior to formal action being taken. The applicant shall be given the opportunity to revise the plans and submit revised plans for further review. All required revisions must be completed or the site plan will not be put on the agenda for final review.
D. 
Planning Commission final review. The Planning Commission shall review the site plan proposal together with any public hearing findings and any requested reports and recommendations from the City Planner and/or Zoning Administrator, City Engineer, and other reviewing agencies. The Planning Commission shall then make a final decision, based on the requirements and standards of this chapter. The Planning Commission may approve, approve with conditions, deny, or they may table the proposal, as noted below.
(1) 
Approval. Upon determination that a site plan is in compliance with the standards and requirements of this chapter and other applicable ordinances and laws, the Planning Commission shall approve the site plan.
(2) 
Approval with conditions. Upon determination that a site plan is in compliance except for minor modifications, the Planning Commission may impose reasonable conditions upon approval of the site plan. The conditions for approval shall be identified and the applicant shall be given the opportunity to correct the site plan. The conditions may include the need to obtain variances, obtain approvals from other agencies, or obtain special land use approval. The applicant shall submit a revised plan with a revision date, indicating compliance with the conditions. The applicant must resubmit the site plan to the Planning Commission for final approval after conditions have been met, unless the Planning Commission waives its right to review the revised plan, and instead authorizes the City Planner and/or Zoning Administrator to review and approve the site plan after all required conditions have been addressed.
(3) 
Denial. Upon determination that a site plan does not comply with the standards and regulations set forth in this article or elsewhere in this chapter or requires extensive revision in order to comply with said standards and regulations, the Planning Commission shall deny the site plan. An applicant may reapply for site plan review after receiving denial no earlier than one year after a denial taking place, provided that conditions to comply with provisions as required by this chapter are met.
(4) 
Tabling. Upon determination that a site plan is not ready for approval or rejection, or upon a request by the applicant, the Planning Commission may table consideration of a site plan until a later meeting.
E. 
Time period for obtaining approval. An applicant shall have a maximum of two years from the date of submittal of a site plan for formal review to achieve final approval. If approval is not achieved within this period, the application becomes null and void and a new application is required to pursue site plan review further.
F. 
Recording of site plan review action. Each action taken with reference to a site plan review shall be duly recorded in the minutes of the Planning Commission. The grounds for action taken upon each site plan shall also be recorded in the minutes.
G. 
Procedure after site plan approval.
(1) 
Application for a building permit. Following final approval of the site plan and the engineering plans, the applicant may apply for a building permit. It shall be the responsibility of the applicant to obtain all other applicable City, county, state, or federal permits prior to issuance of a building permit. No permits for construction in a proposed condominium project shall be issued until evidence of a recorded master deed has been provided to the City.
(2) 
Expiration of a site plan approval. If construction has not commenced, or if the project has commenced but has not made reasonable progress, within 12 months after final approval of the site plan, the site plan approval expires and a new application for site plan review shall be required. However, the applicant may apply in writing to the Planning Commission for an extension of site plan approval. The Planning Commission may grant one or more extensions of up to 12 months upon request from the applicant prior to expiration of the previous approval and provided that it finds that the approved site plan adequately represents current conditions on and surrounding the site and provided that the site plan conforms to the standards in this chapter.
(3) 
Application for certificate of occupancy. Following completion of site work and building construction, the applicant may apply for a certificate of occupancy from the Building Official and/or Zoning Administrator, or their designee. It shall be the applicant's responsibility to obtain these required certificates prior to any occupancy of the property.
(4) 
Property maintenance after approval. It shall be the responsibility of the owner of a property to maintain the property in accordance with the approved site design on a continuing basis until the property is razed, or until new zoning regulations supersede the regulations upon which site plan approval was based, or until a new site design is approved. Any property owner who fails to maintain an approved site design shall be deemed in violation of the use provisions of this chapter and shall be subject to the same penalties appropriate for a use violation. With respect to condominium projects, the master deed shall contain provisions describing the responsibilities of the condominium association, condominium owners, and public entities, with regard to maintenance of the property in accordance with the approved site plan on a continuing basis. The master deed shall further establish the means of permanent financing for required maintenance and improvement activities which are the responsibility of the condominium association. Failure to maintain an approved site plan shall be deemed in violation of the use provisions of this chapter and shall be subject to the same penalties appropriate for a use violation.
H. 
Site plan violation. In the event that construction does not comply with the approved plans, the Zoning Administrator or their designee shall take corrective action, unless a revised site plan is submitted for review, following the normal site plan review procedures in Article 19. If the property owner, builder, or developer fails to take corrective action or pursue approval of an amended site plan, the Zoning Administrator or their designee may issue a citation, after which the City Commission may commence and pursue appropriate action in a court having jurisdiction.

§ 450-1909 Permits required.

A. 
After a site plan approval has been granted by the Planning Commission, the applicant shall obtain the following permits prior to any construction, alterations, or work of any kind occurring on site:
(1) 
Building permit from the City Building Official and/or Zoning Administrator, or their designee.
(2) 
MDOT right-of-way permit (if applicable).
(3) 
Perspective and current right-of-way permit by City Administrator.
(4) 
Allegan County Drain Commission permit (if applicable).
(5) 
Permits required by the Department of Public Works.
(6) 
All other applicable permits as required by the City.