The purpose of this article is to set forth procedures and standards concerning the following zoning functions:

Site plan review

Special land use review

Planned unit development

Variances and appeals

Amendments

Permits and certificates

Fees

Violations and penalties

Records

(Ord. No. 128-B, § I, 9-20-10)

A.

Intent. The site plan review procedures and standards in this section are intended to provide a consistent and uniform method of review of proposed development plans, to ensure full compliance with the standards contained in this ordinance and other applicable local ordinances and state and federal laws, to achieve efficient use of the land, to protect natural resources, and to prevent adverse impact on adjoining or nearby properties. It is the intent of these provisions to encourage cooperation and consultation between the city and the applicant to facilitate development in accordance with the city's land use objectives.

B.

Applicability.

1.

Site plan required. Submission of a site plan shall be required in conjunction with any of the following:

•

Any use or development for which submission of a site plan is required by provisions of this ordinance.

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Any proposal to construct, move, relocate, convert, or structurally alter a building; change or add a use; expand or decrease off-street parking; or fill, excavate, or grade land.

•

All nonresidential uses permitted in single-family districts such as, but not limited to, churches, schools, and public facilities.

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Any change in use that could affect compliance with the standards set forth in this ordinance.

•

Any special land use, in accordance with section 24.03.

2.

Site plan not required. Submission of a site plan shall not be required for any proposal to construct, move, relocate, convert, or structurally alter a single-family detached house in a R-1A, R-1B, R1C, R-2, or R-M district, or a two-family dwelling in a R-2 or R-3 district. However, submission of a plot plan in accordance with the adopted Building Code shall be required for these uses.

C.

Procedures and requirements. Site plans shall be submitted in accordance with the following procedures and requirements:

1.

Applicant. The applicant shall be submitted by the owner of an interest in land for which site plan approval is sought, or by the owner's designated agent. The applicant or a designated representative shall be present at all scheduled review meetings or consideration of the plan may be tabled due to lack of representation.

2.

Application forms and documentation. The application for site plan review shall be made on the forms and according to the guidelines provided by the department of building and safety.

3.

Site plan preparation. The site plan shall be prepared in the manner specified in this section and on the site plan application form. A site plan which does not meet the stipulated requirements shall be considered incomplete and shall not be eligible for formal review. At any time during the course of preparation of a site plan, the city staff shall, upon request, provide information concerning the zoning ordinance procedures and standards.

4.

Submission of completed site plan. The application materials, required fees, and sufficient copies of the completed site plan (as specified on the application form) shall be submitted to the department of building and safety. The site plan submitted to the department of building and safety. The site plan proposal will be placed on the planning commission agenda to be formally accepted for processing and for initial review, except where planning commission review is not required as outlined in section 24.02, subsection D.

5.

Distribution of plans. The site plans and application shall also be distributed to appropriate city officials and the city planner for review. If deemed necessary by the director of building and safety, the plans may also be submitted to the city engineer for review.

6.

Review by the city planner and engineer. The city planner and engineer shall review the site plan and application materials, and prepare written reviews, which shall specify any deficiencies in the site plan and make recommendations as appropriate.

7.

Planning commission consideration. At the first regular meeting at which a site plan proposal is considered, the planning commission shall first determine whether to accept the plan for processing. If accepted for processing, the planning commission shall review the site plan in relation to applicable standards and regulations, and in relation to the intent and purpose of this ordinance. The commission shall consider the comments and recommendations from the city planner, the director of building and safety, city engineer, public safety officials, and other reviewing agencies.

If the planning commission determines that revisions are necessary to bring the site plan into compliance with applicable standards and regulations, the applicant shall be given the opportunity to submit a revised site plan.

8.

Site plan revision and submission of revised plan. The applicant shall revise the site plan, based on the requirements and recommendations set forth in the written review. The applicant shall then submit sufficient copies of the revised plan (as specified on the application form) for further review. If planning commission review is required, the site plan and application materials shall be submitted as least 15 days prior to the planning commission meeting at which review is desired. If the plan is in compliance with required revisions, the plan shall be placed on the agenda of the next scheduled meeting of the planning commission for further review and possible action.

9.

Planning commission determination. The planning commission shall make a determination on a final plan based on the requirements and standards in this ordinance. The planning commission is authorized to grant approval, grant approval subject to conditions, or reject a site plan, as follows:

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Approval. Upon determination that a site plan is in compliance with the standards and requirements of this ordinance and other applicable ordinances and laws, the planning commission shall approve the plan.

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Approval subject to conditions. Upon determination that a site plan is in compliance except for minor modifications, 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 or obtain approvals from other agencies.

The applicant may re-submit the site plan to the planning commission for final review after conditions have been met. The planning commission may waive its right to review the revised plan, and instead authorized the director of building and safety to review and recommend approval of the re-submitted plan if all required conditions have been addressed.

•

Denial. Upon determination that a site plan does not comply with the standards and regulations set forth in this ordinance, or requires extensive revision in order to comply with said standards and regulations, the planning commission shall deny site plan approval.

10.

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.

11.

Application for building permit. Prior to issuance of a building permit, the applicant shall submit proof of the following:

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Final approval of the site plan.

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Final approval of the engineering plans.

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Acquisition of all other applicable city, county, or state permits.

12.

Expiration of site plan. If construction has not commenced within 18 months of final approval of the site plan, the site plan approval becomes null and void and a new application for site plan review shall be required. The planning commission may grant a 12-month extension, upon written request from the applicant, if it finds that the approved site plan adequately represents current conditions on and surrounding the site. The written request for extension must be received prior to the site plan expiration date or a new application for site plan review shall be required.

13.

Revocation of site plan approval. Approval of a site plan may be revoked by the planning commission if construction is not in conformance with the approved plans. In such a case, the director of building and safety shall place the site plan on the agenda of the planning commission for consideration, and give written notice to the applicant at least ten days prior to the meeting. The applicant shall be given at least ten days prior to the meeting. The applicant shall be given the opportunity to present information to the planning commission and answer questions. The planning commission may revoke the approval of the site plan if it finds that a violation exists and has not been remedied prior to the hearing.

14.

Performance guarantee. The planning commission or director of building and safety may require that a performance guarantee be deposited with the city to insure faithful completion of improvements, in accordance with section 2.17.

D.

Administrative review.

1.

Applicability. The director of building and safety may review and approve a proposed site plan when the proposed development constitutes:

a.

An addition to an existing building and the square footage of the addition proposed is less than 25 percent or 3,000 square feet, whichever is less.

b.

Remodeling, re-occupancy of a vacant building, or change in use and the remodeling, re-occupancy or change in use shall result in 30 percent or less of the existing exterior site conditions being modified.

c.

Home occupation applications.

2.

Application requirements and procedures. The application requirements, fees, procedures and approval standards for administrative review of site plans shall be the same as for normal site plan review, as outlined in this article, except that the director of building and safety is authorized to grant approval, grant approval subject to conditions, or deny a site plan in accordance with the guidelines in this article. Prior to making a decision, the director of building and safety may seek the advice and counsel of the city planner, city attorney, and city engineer.

3.

Require site plan review. Notwithstanding the foregoing, planning commission review shall be required for all site plans that involve a request for variance, a special land use, a proposal that involves a discretionary decision, or a proposal that involves a nonresidential nonconforming use or structure.

E.

Revisions to approved plans. A site plan approved in accordance with the provisions in this section may be subsequently modified, subject to the following requirements:

1.

Revisions initiated by the developer. Revisions to an approved plan that are initiated by the developer and other revisions which are not considered minor in nature, based on criteria cited in this section, shall be reviewed by the planner commission in accordance with the site plan review procedures set forth in section 24.02, subsection C.

2.

Minor revisions. Minor revisions to an approved site plan may be reviewed by the director of building and safety. Minor revisions are changes that do not substantially affect the character or intensity of the use, vehicular or pedestrian circulation, drainage patterns, the demand for public services, or the vulnerability to hazards, and may include the following:

•

Revisions made necessary by unusual conditions on a site uncovered during the course of construction.

•

Revisions made necessary by agencies or professionals (such as by county agencies) who are required to review site plans after they have received approval by the city.

•

Revisions made apparent prior to or during construction that would improve the function or appearance of the site.

3.

Revision of minor revisions. The review of minor revisions shall follow the procedures for administrative review in section 24.02, subsection D.

F.

Application data requirements. The following information shall be included with all site plan submittals:

1.

Application form. The application form shall contain the following information:

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Applicant's name and address.

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Name and address of property owner, if different from applicant.

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Common description of property and complete legal description.

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Dimensions of land and total acreage.

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Existing zoning.

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Proposed use of land and name of proposed development, if applicable.

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Proposed buildings to be constructed, including square feet of gross floor area.

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Project value.

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Employment opportunities created, if applicable.

2.

Site plan descriptive and identification data. Site plans shall consist of an overall plan for the entire development, drawn to a scale of not less than one inch = 50 feet for property less than three acres, and one inch = 100 feet for property three acres or more in size. Sheet size shall be at least 24 inches by 36 inches. The following descriptive and identification information shall be included on all site plans:

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Applicant's name, address, and telephone number.

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Title block indicating the name of the development.

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Scale.

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Northpoint.

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Dates of submission and revisions (month, day, year).

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Location map drawn to scale with northpoint.

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Legal and common description of property.

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The dimensions of all lots and property lines, showing the relationship of the site to abutting properties. If the site is a part of a larger parcel, the plan should indicate the boundaries of total land holding.

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Identification and seal of architect or engineer who prepared plan. The seal of a land surveyor may be accepted if the site plan involves no building or engineering. The seal of a landscape architect may be accepted on landscaping plans.

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Written description of proposed land use.

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Zoning classification of petitioner's parcel and all abutting parcels.

•

Proximity to section corner and major thoroughfares.

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Notation of any variances which have or must be secured.

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Net acreage (minus rights-of-way) and total acreage, to the nearest one-tenth acre.

3.

Site data.

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Existing lot lines, building lines, structures, parking areas, and other improvements on the site and within 100 feet of the site.

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Front, side, and rear setback dimensions.

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Topography on the site and within 100 feet of the site at two-foot contour intervals, referenced to a U.S.G.S. benchmark.

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Proposed site plan features, including buildings, roadway widths and names, and parking areas.

•

Dimensions and centerlines of existing and proposed roads and road rights-of-way.

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Acceleration, deceleration, and passing lanes, where required.

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Proposed location of driveway entrances and on-site driveways.

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Cross-section of any proposed roads.

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Location of existing drainage courses, floodplains, lakes and streams, with elevations.

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Location of existing and proposed interior sidewalks and sidewalks in the right-of-way.

•

Exterior lighting locations and method of shielding lights from shining off the site.

•

Trash receptacles locations and method of screening, if applicable.

•

Transformer pad location and method of screening, if applicable.

•

Layout of off-street parking areas and indication of total number of spaces and typical dimensions of spaces.

•

Method of surfacing driveways, parking areas, and other vehicle maneuvering areas.

•

Information needed to calculate required parking in accordance with Zoning Ordinance standards.

•

The location of lawns and landscaped areas, including required landscaped greenbelts.

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Landscape plan, including location, spacing and types of shrubs, trees, and other live plant material.

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Location, sizes, and types of existing trees five inches or greater in diameter, measured at one foot off the ground, before and after proposed development.

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Cross-section of proposed berms.

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Location and description of all easements for public rights-of-way, utilities, access, shared access, and drainage.

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Designation of fire lanes.

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Loading/unloading area.

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The location of any outdoor storage of materials and the manner by which it will be screened.

4.

Building and structure details.

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Location, height, and outside dimensions of all proposed buildings or structures.

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Indication of the number of stores and number of commercial or office units contained in the building.

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Building floor plans.

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Total floor area.

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Location, size, height, and lighting of all proposed signs.

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Proposed fences and walls, including typical cross-section and height above the ground on both sides.

•

Building facade elevations, drawn to a scale of one inch equals four feet, or another scale approved by the director of building and safety and adequate to determine compliance with the requirements of this ordinance. Elevations of proposed buildings shall indicate type of building materials, roof design, projections, canopies, awnings and overhangs, screen walls and accessory buildings, and any outdoor or roof-located mechanical equipment, such as air conditioning units, heating units, and transformers.

5.

Information concerning utilities, drainage, and related issues.

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Schematic layout of existing and proposed sanitary sewers and septic systems; water mains, well sites, and water service leads; hydrants that would be used by public safety personnel to serve the site; storm sewers and drainage facilities, including the location of retention/detention facilities; and, the location of gas, electric, and telephone lines.

•

Indication of site grading and drainage patterns.

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Types of soils and location of floodplains and wetlands, if applicable.

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Soil erosion and sedimentation control measures.

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Proposed finish grades on the site, including the finish grades of all buildings, driveways, walkways, and parking lots.

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Assessment of potential impacts from the use, processing, or movement of hazardous materials or chemicals, if applicable.

6.

Information applicable to multiple-family residential development.

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The number and location of each type of residential unit (one bedroom units, two bedroom units, etc.).

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Density calculations by type of residential unit (dwelling units per acre).

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Lot coverage calculations.

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Floor plans of typical buildings with square feet of floor area.

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Garage and carport locations and details, if proposed.

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Pedestrian circulation system.

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Location and names of roads and internal drives.

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Community building location, dimensions, floor plans, and facade elevations, if applicable.

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Swimming pool fencing detail, including height and type of fence, if applicable.

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Location and size of recreation open areas.

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Indications of type of recreation facilities proposed for recreation area.

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Colored rendering of typical building.

7.

Information applicable to manufactured home parks.

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Location and number of pads for manufactured homes.

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Distance between manufactured homes.

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Proposed placement of manufactured home on each lot.

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Average and range of size of manufactured home lots.

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Density calculations (dwelling units per acre).

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Lot coverage calculations.

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Garage and carport locations and details, if proposed.

•

Pedestrian circulation system.

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Location and names of roads and internal drives.

•

Community building location, dimensions, floor plans, and facade elevations, if applicable.

•

Swimming pool fencing detail, including height and type of fence, if applicable.

•

Location and size of recreation open areas.

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Indications of type of recreation facilities proposed for recreation area.

8.

Information applicable to commercial and industrial development.

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Type of commercial or industrial use being proposed.

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Indication of the estimated number of employees.

9.

Non-applicable items. If any of the items listed are not applicable to a particular site, the site plan shall provide a list of each item considered not applicable, and the reason(s) why each listed item is not considered applicable.

10.

Other required data. Other data may be required if deemed necessary by administrative officials or the planning commission to determine compliance with the provisions in this ordinance. Such information may include traffic studies, market analysis, environmental assessments, and evaluation of the demand on public facilities and services.

G.

Standards for site plan approval. The following criteria shall be used as a basis upon which site plans will be reviewed and approved:

1.

Adequacy of information. The site plan shall include all required information in sufficient complete and understandable form to provide an accurate description of the proposed uses and structures.

2.

Site design characteristics. 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 property, and the type and size of buildings. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted by this ordinance.

3.

Appearance. 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.

4.

Functional considerations. In commercial and industrial districts the nature, location, height, size and site layout shall be such that it will be a harmonious part of the district in which the use is located, taking into account prevailing shopping habits, convenience and access by patrons, the physical and economic relationship of one type of use to another, characteristic groupings of uses in a commercial or industrial district, and other similar economic and functional considerations.

5.

Compliance with district requirements. The site plan shall comply with the district requirements for minimum floor space, height of building, lot size, open space, density and all other requirements set forth in the schedule of regulations (article 23.00), unless otherwise provided in this ordinance.

6.

Preservation of natural areas. The landscape shall be preserved in its natural state as much as possible, by minimizing tree and soil removal, alteration to the natural drainage courses, and the amount of cutting, filling, and grading.

7.

Privacy. The site design shall provide reasonable visual and sound privacy. Fences, walls, barriers, and landscaping shall be used, as appropriate, for the protection and enhancement of property and the safety and privacy of occupants and users.

8.

Emergency vehicle access. All buildings or groups of buildings shall be so arranged as to permit convenient and direct emergency vehicle access.

9.

Ingress and egress. Every structure or dwelling unit shall be provided with adequate means of ingress and egress via public streets and walkways.

10.

Pedestrian circulation. The site plan shall provide a pedestrian circulation system which is insulated as completely as is reasonably possible from the vehicular circulation system.

11.

Vehicular and pedestrian circulation layout. The arrangement of public and common ways for vehicular and pedestrian circulation shall respect the pattern of existing or planned streets or pedestrian or bicycle pathways in the vicinity of the site. The width of streets and drives shall be appropriate for the volume of traffic they will carry. In order to insure public safety and promote efficient traffic flow and turning movements, the applicant may be required to limit street access points or construct a secondary access road.

12.

Drainage. Appropriate measures shall be taken to insure that the removal 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.

13.

Soil erosion and sedimentation. The proposed development shall include measures to prevent soil erosion and sedimentation.

14.

Exterior lighting. Exterior lighting shall be designed so that it is deflected away from adjoining properties and so that it does not impede vision of drivers along adjacent streets.

15.

Public services. Adequate services and utilities, including water, sanitary sewer, and stormwater control services, shall be available or provided, and shall be designed with sufficient capacity and durability to properly serve the development.

16.

Screening. Off-street parking, loading and unloading areas, outside refuse storage areas, and other storage areas that are visible from adjacent homes or from public roads, shall be screened by walls or landscaping of adequate height.

17.

Vulnerability to hazards. The level of vulnerability to injury or loss from incidents involving hazardous materials or processes shall not exceed the capability of the city to respond to such hazardous incidents so as to prevent injury and loss of life and property. In making such an evaluation, the city shall consider the location, type, characteristics, quantities, and use of hazardous materials or processes in relation to the personnel, training, equipment and materials, and emergency response plans and capabilities of the city.

Sites which include storage of hazardous materials or waste, fuels, salt, or chemicals shall be designed to prevent spills and discharges of polluting materials to the surface of the ground, groundwater, or nearby water bodies.

18.

Health and safety concerns. 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.

19.

Sequence of development. All development phases shall be designed in logical sequence to insurer that each phase will independently function in a safe, convenient and efficient manner without being dependent upon subsequent improvements in a later phase or on other sites.

20.

Coordination with adjacent sites. All site features, including circulation, parking, building orientation, landscaping, lighting, utilities, common facilities, and open space shall be coordinated with adjacent properties.

21.

Barrier-free access. All development shall comply with applicable federal, state, and local laws and regulations regarding barrier-free access.

H.

Variance from site plan procedures. The procedure for the review of a submitted site plan may be varied, where in the opinion of the director of building and safety, after consultation with the city planning, city engineer, and chairman of the planning commission, that the strict adherence to the requirements of this ordinance would place an undue hardship on the property owner because of existing conditions or that the site plan requirements would be far beyond the scope of the proposed project. In such a case, the site plan shall be accompanied by a site plan review fee. The building official shall ensure that the proposed development complies with all requirements of the ordinance, except the director of building and safety, after consultation with the city planner, city engineer, and chairman of the planning commission, may approve the site plan with a waiver and/or alternative solution provided that the development would be in substantial conformity with the spirit and intent of the zoning ordinance. Where unanimity between the director of building and safety, the city planner, the city engineer, and chairman of the planning commission cannot be reached, or in the opinion of the director of building and safety, the scope of the proposed development warrants formal review, the site plan shall be reviewed by the entire planning commission.

(Ord. No. 128-B, § I, 9-20-10)

A.

Intent. The procedures and standards in this section are intended to provide a consistent and uniform method for review of proposed plans for special land uses. Special land uses are either public or private uses which possess unique characteristics and therefore cannot be properly classified as permitted uses in a particular zoning district (see definitions, section 1.03). The review procedures and standards are intended to ensure full compliance with the standards contained in this ordinance and other applicable local ordinances, and state and federal laws, to achieve efficient use of the land, to protect natural resources, and to prevent adverse impact on adjoining or nearby properties. It is the intent of these provisions to encourage cooperation and consultation between the city and the applicant to facilitate development in accordance with the city's land use objectives.

B.

Procedures and requirements. The following procedures and requirements shall be complied with in the review of special land use proposals:

1.

Summary of review process. A two-step review process is required for all special land use proposals. Approval of the special land use itself is required in the first step. The second step involves review and approval of the site plan.

2.

Applicant. The application shall be submitted by the owner of an interest in land for which special land use approval is sought, or by owner's the designated agent. The applicant or a designated representative shall be present at all scheduled review meetings or consideration of the proposal may be tabled due to lack of representation.

3.

Application forms and documentation. The application for special land use review shall be made on the forms and according to the guidelines provided by the department of building and safety.

4.

Application data requirements. For all special land uses, a site plan shall be required in accordance with section 24.02. In addition, the applicant shall complete any forms and supply any other data as may be required by the planning commission, city planner, or the director of building and safety to make the determination required, including a written statement documenting compliance with the standards set forth in section 24.03, subsection C. Data requirements and regulatory guidelines for certain special land uses are set forth in article 6.00, site development standards applicable to specific uses.

5.

Site plan preparation. The site plan shall be prepared in the manner specified in section 24.02 and on the special land use application form. A site plan which does not meet the stipulated requirements shall be considered incomplete and shall not be eligible for formal review. At any time during the course of preparation of a site plan, the city staff shall upon request provide information concerning the zoning ordinance procedures and standards.

6.

Submission of a completed plan and application. The special land use application materials, required fees, and sufficient copies of the completed site plan (as specified on the application form) shall be submitted to the department of building and safety. The proposal will be placed on the planning commission agenda to be formally accepted for processing and to set a public hearing date.

7.

Distribution of plan and application. The site plans and application for special land use, review shall be distributed to appropriate city officials and the city planner for review. If deemed necessary by the director of building and safety, the plans and application may also be submitted to the city engineer for review.

8.

Initial consideration by the planning commission. At the first regular meeting at which a special land use application and plan is considered, the planning commission shall first determine whether to accept the proposal for processing. If accepted for processing, the planning commission shall schedule a public hearing in accordance with the guidelines see forth below.

9.

Public hearing. Upon receipt of the complete plan and application for a special land use, a public hearing shall be scheduled. Notice of the public hearing shall be published in a newspaper which circulates in the city not less than 15 days before the date of the hearing, and sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet of the property regardless of whether the property or structure is located in the zoning jurisdiction. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four dwelling units or spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure. The notice is considered to be given when personally delivered or deposited during normal business hours for delivery with the United States Postal Service or other public or private delivery service. The notice shall be given not less than 15 days before the date the application will be considered for approval. If the name of the occupant is not known, the term "occupant" may be used in making notification. Such notification shall be made in accordance with the provisions of Section 103 of Michigan Public Act 110 of 2006, as amended. Accordingly, the notice shall:

•

Describe the nature of the special land use request.

•

Indicates the property which is the subject of the special land use request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.

•

State when and where the special land use request will be considered.

•

Indicate when and where written comments will be received concerning the request.

•

Indicate that a public hearing on the special land use request may be requested by any property owner or the occupant of any structure located within 300 feet of the property being considered for special land use regardless of whether the property or occupant is located in the zoning jurisdiction.

10.

Review by the city planner and engineer. The city planner shall review the site plan and special land use request, and prepare written reviews as follows:

•

One review shall consider the special land use request, and determine whether the request is reasonable, based on the standards in this ordinance.

•

A second review shall consider the site plan, and shall specify any deficiencies and make recommendations as appropriate. The city engineer shall also submit a written review of the site plan.

11.

Planning commission consideration. Following the public hearing, the special land use proposal and site plan shall be reviewed by the planning commission in relation to applicable standards and regulations, and in relation to the intent and purpose of this ordinance. The commission shall consider the comments and recommendations from the city planner, director of building and safety, city engineer, public safety officials, and other reviewing agencies.

If the planning commission determines that revisions are necessary to bring the special land use application or site plan into compliance with applicable standards and regulations, the applicant shall be given the opportunity to submit revised materials. Approval of the special land use request and site plan requires separate actions; consequently, the planning commission is not required to act on both simultaneously or at the same meeting. Approval of the special land use request should precede approval of the site plan.

12.

Submission of revised plan and special land use application. If required, the applicant shall revise the application and/or site plan, based on the requirements and recommendations set forth in the written reviews. The applicant shall then submit sufficient copies of the revised application and/or plan (as specified on the application form) for further review. The site plan and application materials shall be submitted at least 15 working days prior to a scheduled meeting at which planning commission review is desired. If the plan and application are in compliance with required revisions, the proposal shall be placed on the agenda of the next scheduled meeting of the planning commission for further review and possible action.

13.

Planning commission determination. The planning commission shall review the application for a special land use proposal, together with the public hearing findings and reports and recommendations from the city planner, the director of building and safety, city engineer, public safety officials, and other reviewing agencies. The planning commission is authorized to approve, approve with conditions, or deny a special land use proposal as follows:

•

Approval. Upon determination that a special land use proposal is in compliance with the standards and requirements of this ordinance and other applicable ordinances and laws, approval shall be granted.

•

Approval with conditions. The planning commission may impose reasonable conditions with the approval of a special land use. The conditions may include provisions necessary to insure that public services and facilities affected by a proposed special land use or activity will be capable of accommodating increased service and facility loads generated by the new development, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements.

a.

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

b.

Conditions shall be related to the valid exercise of the police power, and purposes which are affected by the proposed use or activity.

c.

Conditions shall be necessary to meet the intent and purpose of the zoning ordinance, related to the standards established in the ordinance for the land use or activity under consideration, and necessary to insure compliance with those standards.

•

Denial. Upon determination by the planning commission that a special land use proposal does not comply with the standards and regulations set forth in this ordinance, or otherwise will be injurious to the public health, safety, welfare, and/or orderly development of the city, a special land use proposal shall be denied.

The planning commission is further authorized to make a determination on the final site plan, subject to the guidelines specified in section 24.02C.

14.

Recording of planning commission action. Each action taken with reference to a special land use proposal shall be duly recorded in the minutes of the planning commission. The minutes shall record the findings of fact relative to each special land use proposal, the grounds for action taken, and any conditions imposed in conjunction with approval. All records of proceedings shall be kept on file and made available to the public.

15.

Application for building permit. Prior to issuance of a building permit, the applicant shall submit proof of the following:

•

Final approval of the special land use application and site plan.

•

Final approval of the engineering plans.

•

Acquisition of all other applicable city, county, or state permits.

16.

Expiration of site plan. If construction has not commenced within 18 months of final approval, the approval becomes null and void and a new application for special land use review shall be required. The planning commission may grant one 12-month extension, upon written request from the applicant, if it finds that the approved site plan adequately represents current conditions on and surrounding the site. The written request for extension must be received prior to the expiration date or a new application for special land use review shall be required.

17.

Revocation of special land use approval. Approval of a special land use proposal and site plan may be revoked by the planning commission if construction is not in conformance with the approved plans. In such a case, the director of building and safety shall place the special land use on the agenda of the planning commission for consideration, and give written notice to the applicant at least five days prior to the meeting. The applicant shall be given the opportunity to present information to the planning commission and answer questions. The planning commission may revoke approval if it finds that a violation exists and has not been remedied prior to the hearing.

C.

Standards for granting special land use approval. Approval of a special land use proposal shall be based on the determination that the proposed use will comply with all applicable requirements of this ordinance, including site plan review criteria set forth in section 24.02, applicable site development standards for specific uses set forth in article 6.00, and the following standards:

1.

Compatibility with adjacent uses. The proposed special land use shall be designed, constructed, operated and maintained to be compatible with uses on surrounding land. The site design of the proposed special land use shall minimize the impact of site activity on surrounding properties. In determining whether this requirement has been met, consideration shall be given to:

•

The location and screening of vehicular circulation and parking areas in relation to surrounding development.

•

The location and screening of outdoor storage, outdoor activity or work areas, and mechanical equipment in relation to surrounding development.

•

The hours of operation of the proposed use. Approval of a special land use may be conditioned upon operation within specified hours considered appropriate to ensure minimal impact on surrounding uses.

•

The bulk, placement, and materials of construction of the proposed use in relation to surrounding uses.

2.

Compatibility with the master plan. The proposed special land use shall be compatible with and in accordance with the general principles and objectives of the city's master plan and shall promote the intent and purpose of this ordinance.

3.

Public services. The proposed special land use shall be located so as to be adequately served by essential public facilities and services, such as highways, streets, police and fire protection, drainage systems, water and sewage facilities, and schools.

4.

Impact of traffic. The location of the proposed special land use within the zoning district shall minimize the impact of the traffic generated by the proposed use. In determining whether this requirement has been met, consideration shall be given to the following:

•

Proximity and access to major thoroughfares.

•

Estimated traffic generated by the proposed use.

•

Proximity and relation to intersections.

•

Adequacy of driver sight distances.

•

Location of and access to off-street parking.

•

Required vehicular turning movements.

•

Provisions for pedestrian traffic.

5.

Detrimental effects. The proposed special land use shall not involve any activities, processes, materials, equipment, or conditions of operations, and shall not be located or designed so as to be detrimental to public health, safety, and welfare. In determining whether this requirement has been met, consideration shall be given to the production of traffic, noise, vibration, smoke, fumes, odors, dust, glare, and light.

6.

Enhancement of surrounding environment. The proposed special land use shall provide the maximum feasible enhancement of the surrounding environment, and shall not unreasonably affect their value. In determining whether this requirement has been met, consideration shall be given to:

•

The provision of landscaping and other site amenities. Provision of additional landscaping over and above the requirements of this ordinance may be required as a condition of approval of a special land use.

•

The bulk, placement, and materials of construction of proposed structures in relation to surrounding uses.

7.

Isolation of existing uses. The location of the proposed special land use shall not result in a small residential area being substantially surrounded by nonresidential development, and further, the location of the proposed special land use shall not result in a small nonresidential area being substantially surrounded by incompatible uses.

8.

Based on need. The planning commission shall find that a need for the proposed use exists in the community at the time the special land use application is considered.

(Ord. No. 128-B, § I, 9-20-10)

A.

Intent. The procedures and standards in this section are intended to provide a consistent and uniform method for review of planned unit development proposals. The planned unit development regulations are intended to provide design and regulatory flexibility so as to accomplish the objectives of this ordinance, using innovative and effective planning. The review procedures and standards set forth in this section are intended to ensure full compliance with the standards contained in this ordinance, particularly article 22.00, and other applicable local ordinances, and state and federal laws. These regulations are further intended to achieve efficient use of land, to protect natural resources, and to prevent adverse impact on adjoining or nearly properties. It is the intent of these provisions to encourage cooperation and consultation between the city and the applicant so as to facilitate development in accordance with the city's land use objectives.

B.

Procedures and requirements. The approval of a planned unit development application shall require an amendment to the zoning ordinance to revise the zoning map and designated the subject property as "planned unit development". Approval granted under this section, including all aspects of the final plan and conditions imposed on it, shall constitute an inseparable part of the zoning amendments.

A two-step approval process is required for planned unit development proposals. The first step involves detailed review of a preliminary development plan by the planning commission, followed by review and approval of the rezoning by the city council. The second step involves review of the final site plan in accordance with normal site plan review procedures. Review procedures and standards are described in detail as follows:

1.

Applicant. The application shall be submitted by the owner of an interest in land for which planned unit development approval is sought, or by the owner's designated agent. The applicant or a designated representative shall be present at all scheduled review meetings or consideration of the plan may be tabled due to lack of representation.

2.

Application forms and documentation. The application for planned unit development shall be made on the forms and according to the guidelines provided by the department of building and safety.

3.

Application data requirements. Application for planned unit development shall include all data requirements specified in section 24.04, subsection C. In addition, the applicant shall complete any forms and supply any other data as may be required by the planning commission, city council, city planner, or the director of building and safety to make the determination required herein. At any time during the course of preparation of a planned unit development application, the city staff shall upon request provide information concerning the zoning ordinance procedures and standards.

4.

Submission of completed plan and application. The planned unit development application materials, required fees, and sufficient copies of the completed preliminary development plan shall be submitted to the department of building and safety. The proposal will be placed on the planning commission agenda to be formally accepted for processing and to set a public hearing date.

5.

Distribution of plan and application. The preliminary development plan and application shall be distributed to appropriate city officials, the city planner, and the city engineer for review.

6.

Initial consideration by the planning commission. At the first regular meeting at which a preliminary development plan and application are considered, the planning commission shall first determine whether to accept the proposal for processing. If accepted for processing, the planning commission shall schedule a public hearing in accordance with the guidelines set forth below.

7.

Public hearing. Upon receipt of a preliminary development plan and application for a planned unit development, at least one public hearing shall be scheduled notice of the public hearing shall be published in a newspaper which circulates in the city not less than 15 days before the date of the hearing. Notice of the time and place of the public hearing shall also be given by mail to each electric, gas, and pipeline public utility company, each telecommunication provider, and each railroad operating within the district or zone affected that registers its name and mailed address with the city clerk for the purpose of receiving notice of public hearings.

•

If an individual property or ten or fewer adjacent properties are included in the request, a notice must be published as required above, and a notice shall also be sent by mail or personal delivery to the owners of property that is the subject of the request, to all personas to whom real property is assessed within 300 feet of the boundary of the property that is the subject of the request, and to the occupants of all structures within 300 feet regardless of whether the property or structure is located in the zoning jurisdiction. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four dwelling units or spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure. The notice is considered to be given when personally delivered or when deposited during normal business hours for delivery with the United States Postal Service or other public or private delivery service. The notice shall be given not less than 15 days before the date of the request will be considered. If the name of the occupant is not known, the term "occupant" may be used for the intended recipient of the notice.

The notice shall do all of the following:

1.

Describe the nature of the request.

2.

Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.

3.

State when and where the request will be considered.

4.

Indicate when and where written comments will be received concerning the request.

5.

Indicate the places and times at which the proposed text and any maps may be examined.

•

If 11 or more adjacent properties are included in the request, a notice must be published as required above.

The notice shall do all of the following:

1.

Describe the nature of the request.

2.

Indicate the property that is the subject of the request.

3.

State when and where the request will be considered.

4.

Indicate when and where written comments will be received concerning the request.

5.

Indicate the places and times at which the proposed text and any maps may be examined.

8.

Review by city planner and city engineer. The city planner and engineer shall review the preliminary development plan and planned unit development application materials, and prepare written review, which shall specify any deficiencies and make recommendations as appropriate.

9.

Planning commission consideration. Following the public hearing, the preliminary development plan and planned unit development application shall be reviewed by the planning commission in relation to applicable standards and regulations, compliance with the planned unit development regulations, and consistency with intent and spirit of this section. The commission shall consider the comments and recommendations from the city planner, director of building and safety, city engineer, public safety officials, and other reviewing agencies.

If the planning commission determines that revisions are necessary to bring the planned unit development proposal into compliance with applicable standards and regulations, the applicant shall be given the opportunity to submit a revised preliminary development plan.

10.

Submission of revised plan and planned unit development application. The applicant shall revise the preliminary development plan and application materials, based on the requirements and recommendations set forth in the written review. The applicant shall then submit sufficient copies of the revised application and/or plan for further review. The site plan and application and/or plan for further review. The site plan and application materials shall be submitted at least 15 working days prior to a scheduled meeting at which planning commission review is desired. If the plan and application are in compliance with the required revisions, the proposal shall be placed on the agenda of the next scheduled meeting of the planning commission for further review and possible action.

11.

Planning commission determination. The planning commission shall review the preliminary development plan and application for planned unit development, together with the public hearing findings and reports and recommendations from the city planner, director of building and safety, city engineer, public safety officials, and other reviewing agencies. The planning commission shall then make a recommendation to the city council, based on the requirements and standards of this ordinance, including the development standards in section 22.04. The planning commission may recommend approval, approval with conditions, or denial as follows:

•

Approval. Upon determination by the planning commission that the preliminary development plan and application for planned unit development are in compliance with the standards and requirements of this ordinance and other applicable ordinances and laws, the planning commission shall recommend approval.

•

Approval with conditions. The planning commission may recommend that the city council impose reasonable conditions with the approval of a preliminary development plan and application for planned unit development, to the extent authorized law, for the purposes of insuring that public services and facilities affected by the proposed development will be capable of accommodating increased public service loads caused by the development, protecting the natural environment and conserving natural resources and energy, insuring compatibility with adjacent uses of land, and promoting the use of land in a socially and economically desirable manner. Conditions imposed shall be designated to protect the natural resources and the public health, safety and welfare of individuals in the development and those immediately adjacent, and the community as a whole. Conditions imposed shall also be necessary to meet the intent and purpose of this ordinance. In the event that the planned unit development is approved subject to specified conditions (PUD agreement), such conditions shall become a part of the record of approval, and such conditions shall be modified only as provided in this section.

•

Denial. Upon determination by the planning commission that a planned unit development proposal does not comply with the standards and regulations set forth in this ordinance, or otherwise would be injurious to the public health, safety, welfare, and orderly development of the city, the planning commission shall recommend denial.

The planning commission shall prepare and transmit a report to the city council stating its conclusions and recommendation, the basis for its recommendation, and any recommended conditions relating to an affirmative decision.

12.

Submission of plan for city council review. After the planning commission makes its recommendation, the applicant shall make any required revisions and submit sufficient copies of the revised preliminary development plan with draft PUD agreement and application for city council review. The site plan and supporting materials shall be submitted at least 15 working days prior to a scheduled meeting at which city council review is desired.

13.

City council determination. The city council shall make a determination based on review of the preliminary development plan together with the findings of the planning commission, and the reports and recommendations from the city planner, director of building and safety, city engineer, public safety officials, and other reviewing agencies. Following completion of its review, the city council shall approve, approve with conditions, or deny a planned unit development proposal in accordance with the guidelines described previously in subsection B.11.

14.

Recording of planning commission and city council action. Each action taken with reference to a planned development shall be duly recorded in the minutes of the planning commission or city council as appropriate. The grounds for the action taken shall also be recorded in the minutes.

15.

Effect of approval. Approval of a preliminary development plan and application for planned unit development shall constitute an amendment to the zoning ordinance. Final site plans and subsequent improvement and use of the site shall be in conformity with the planned unit development amendment and any conditions imposed in the PUD agreement. Notice of the adoption of the amendment shall be published in accordance with the requirements set forth in section 24.06. The applicant shall record an affidavit with the register of deeds containing the legal description of the entire project, specifying the date of approval, and declaring that all future improvements will be carried out in accordance with the approved preliminary development plan unless an amendment thereto is adopted by the city upon request of the applicant or his successors.

16.

Final site plan review and approval. Following approval of the preliminary plan and rezoning to planning unit development, the applicant shall submit final site plans for all or a portion of the total development for review by the planning commission in accordance with normal site plan review procedures. The planning commission shall insure that the final site plan is in conformity with the preliminary development plan as previously approved and that proposed phasing is in compliance with section 22.04B.

17.

Application for building permit. Prior to issuance of a building permit for all or a portion of the total development, the applicant shall submit proof of the following:

•

Approval of the final site plan and planned unit development application.

•

Final approval of the engineering plans.

•

Acquisition of all other applicable city, county, or state permits.

18.

Expiration of site plan. If construction has not commenced within 18 months of final approval, the approval becomes null and void and a new application for planned unit development shall be required. The city council may grant one 12-month extension, upon written request from the applicant, if it finds that the approved site plan adequately represents current conditions on and surrounding the site. The written request for extension must be received prior to the approval expiration date. In the event that an approved planned unit development plan becomes null and void, the city shall initiate proceedings to amend the zoning classification of the site.

19.

Performance guarantee. The planning commission, city council, or director of building and safety may require that a performance guarantee be deposited with the city to insure faithful completion of improvements, in accordance with section 2.17.

20.

Revision of approved plans. General revisions to approved final plans for a planned unit development may be revised in accordance with the procedures set forth in this section for review and approval of the original plan. Minor changes may be permitted by the planning commission following normal site plan review procedures outlined in section 24.02, subject to the finding that: 1) Such changes will not adversely affect the initial basis for granting approval, and 2) such minor changes will not adversely affect the overall planned unit development in light of the intent and purpose of such development as set forth in section 22.01.

C.

Application data requirements. Applications for planned unit development shall include all data requirements specified in this subsection. All information required in this subsection shall be kept updated until a certificate of occupancy has been issued.

1.

Requirements for preliminary development plan review. The following information shall be provided prior to preliminary development plan review:

•

The name, address, and telephone number of all persons with an ownership interest in the land on which the planned unit development will be located together with a description of the nature of each entities interest (for example, fee owner, optionee, leasee, or land contract vendee).

•

The name, address and telephone number of all engineers, attorneys, architects, and land surveyors associated with the project.

•

The name, address and telephone number of the developer or proprietor of the planned unit development project.

•

The legal description of the land on which the planned unit development project will be developed, together with appropriate tax identification numbers.

•

The acreage of the land on which the planned unit development project will be developed.

•

An overall plan for the planned development. The overall plan shall graphically represent the development concept using maps and illustrations to indicate each type of use, square footage or acreage allocated to each use, appropriate locations of each principal structure and use in the development, setbacks, and typical layouts and elevations for each type of use. The overall plan shall clearly delineate each type of residential use; office, commercial and other nonresidential use; each type of open space; community facility or public areas; and other types of land use.

•

A written description of the proposed project, including description of the types of proposed PUD uses, approximate number of buildings and residential units to be developed, and projected population.

•

A map showing the existing zoning designations for the subject property and all land within one quarter mile.

•

A map showing the existing use of the subject property and all land within one quarter mile.

•

A map and written explanation of the relationship of the proposed planning unit development to the city's master land use plan.

•

Maps and written analysis of the significant natural, cultural, and geographic features of and near the site. Features which shall be considered include:

*

Topography, particularly unusual slopes and unique ground forms. The planning commission may require submission of a topographic survey at two-foot contour intervals, referenced to a U.S.G.S. benchmark.

*

Existing vegetation, including tree stands and specimen or landmark trees.

*

Water courses, wetlands, and drainage courses.

*

Types of soils.

*

Streets and rights-of-way, utility easements, and other rights-of-way or easements.

•

An analysis of the traffic impact of the proposed planned development on existing and proposed streets.

•

Information concerning the proposed method of serving the site with public facilities, including sanitary sewage treatment, public water, and stormwater drainage.

•

An analysis of the fiscal impact of the proposed planned development on the City of Flat Rock and the school district in which the development is located.

•

Evidence of market need for proposed use(s) and feasibility of the project.

•

A specific schedule of the intended development and construction details, including the phasing or timing of all proposed improvements.

2.

Requirements for final site plan review. In addition to the requirements for preliminary development plan review, applications for final site plan approval shall include all data requirements for final site plan approval shall include all data requirements for the site plan review as specified in section 24.02.

(Ord. No. 128-B, § I, 9-20-10)

A.

Intent. The purpose of this section is to provide guidelines and standards to be followed by the zoning board of appeals in considering requests for variances and appeals, where the jurisdiction of the board of appeals has been established by section 25.04 of this ordinance or by the Michigan Zoning Enabling Act, Michigan Act 110 of 2006, as amended.

Generally, an appeal may be taken to the zoning board of appeals by any person, firm, or corporation, or by any office, department, board, or bureau aggrieved by a decision of the planning commission or any administrative official or body charged with enforcement of this ordinance. Furthermore, where due to special conditions a literal enforcement of the provisions of this ordinance would involve practical difficulties or cause unnecessary hardships, within the meaning of this ordinance, the zoning board of appeals, shall have the power to authorize certain variances from the rules or provisions of this ordinance, with such conditions and safeguards as it may determine are necessary so that the spirit of this ordinance is observed, public safety secured, and substantial justice done.

B.

Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the building official certifies to the zoning board of appeals, after notice of appeal has been filed, that by reason of the facts stated in the appeal, a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed other than by a restraining order which may be granted by the zoning board of appeals or by the circuit court, on application and upon notification of the building official, and on due cause shown.

C.

Application procedures.

1.

Application to the zoning board of appeals. Variances and appeals of any nature in which zoning board of appeals action is sought shall be commenced by a person filing an "Application to the Zoning Board of Appeals" with the department of building and safety, on such forms and accompanied by such fees as may be specified. The application shall specify the grounds upon which the appeal is based and shall be signed. Applications involving a request for a variance shall specify the requirements from which a variance is sought and the nature and extent of such variance. Applications involving a specific site shall be accompanied by a sketch which includes the following information, where applicable.

•

Applicant's name, address, and telephone number.

•

The address of the parcel that is the subject of the appeal.

•

Scale, northpoint, and dates of submission and revisions.

•

Zoning classification of petitioner's parcel and all abutting parcels.

•

Existing lot lines, building lines, structures, parking areas, driveways, and other improvements on the site and within 50 feet of the site.

•

Proposed lot lines and lot dimensions, and general layout of proposed structures, parking areas, driveways, and other improvements on the site.

•

Dimensions, centerlines, and right-of-way widths of all abutting streets and alleys.

•

Location of existing drainage courses, floodplains, lakes and streams, and woodlots.

•

All existing and proposed easements.

•

Location and size of watermains, well sites, and building service, existing and proposed.

•

Any additional information required by the zoning board of appeals to make the determination requested based on the criteria set forth in section 24.05, subsection D.

Where an application involves a variance sought in conjunction with a regular site plan review, the application data requirements for site plan review as set forth in section 24.02 shall be complied with.

2.

Review by the zoning board of appeals. The department of building and safety shall forward the application, along with any supporting materials and plans to the zoning board of appeals.

In accordance with the requirements of Michigan Public Act 110 of 2006, as amended, the zoning board of appeals shall fix a reasonable time for the hearing of the appeal, give due notice thereof to the parties involved, and decide the appeal within a reasonable time. At the hearing, a party may appear in person or by agent or by attorney.

Upon receipt of a written request seeking an interpretation of the zoning ordinance or an appeal of an administrative decision, a notice stating the time, date, and place of the public hearing shall be published in a newspaper which circulates in the city and shall be sent to the person requesting the interpretation not less than 15 days before the public hearing. In addition, if the request for an interpretation or appeal of an administrative decision involves a specific parcel, written notice shall be sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in questions, and to the occupants of all structures within 300 feet of the property regardless of whether the property or structure is located in the zoning jurisdiction. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four dwelling units or spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure. The notice is considered to be given when personally delivered or deposited during normal business hours for delivery with the United States Postal Service or other public or private delivery service. The notice shall be given not less than 15 days before the date the interpretation request will be considered for approval. If the name of the occupant is not known, the term "occupant" may be used in making notification. Accordingly, the notice shall:

•

Describe the nature of the interpretation request.

•

Indicates the property which is the subject of the interpretation request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.

•

State when and where the interpretation request will be considered.

•

Indicate when and where written comments will be received concerning the interpretation request.

3.

Decision by the zoning board of appeals. The concurring vote of a majority of the members of the board shall be necessary to reverse an order, requirement, decision, or determination of the administrative official or body, or to decide in favor of the applicant any matter upon which they are required to pass under, or to effect any variation in an ordinance adopted pursuant to Michigan Public Act 110 of 2006, as amended, except that a concurring note of two-thirds of the members of the board shall be required to grant a variance from uses of land permitted in the ordinance.

The board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination, in accordance with the guidelines set forth herein. To that end, the zoning board of appeals shall have all the powers of the officer or body from whom the appeal was taken and may issue or direct the issuance of a permit. The board may impose conditions with an affirmative decision, pursuant to Section 5.10 of Michigan Public Act 110 of 2006, as amended. The decision of the zoning board of appeals shall be final, but a person having an interest affected by the zoning ordinance may appeal to the circuit court.

4.

Record of appeal. The zoning board of appeals shall prepare and retain a record of each appeal, and shall base its decision on this record. This record shall include:

•

The relevant administrative records and the administrative orders issued thereon relating to the appeal.

•

The notice of the appeal.

•

Such documents, exhibits, plans, photographic or written reports as may be submitted to the board for its consideration.

The written findings of fact, the decisions, and the conditions imposed by the zoning board of appeals in acting on the appeal shall be entered into the official record, after being signed by the chairman of the board, thereby effecting the decision and any conditions imposed thereon.

5.

Approval period. If construction has not commenced within 18 months after the zoning board of appeals grants a variance to permit the erection or alteration of a building, then the variance becomes null and void. The period of approval may be automatically extended by 12 months if the variance was sought in conjunction with a site plan for which approval has been extended by the planning commission.

D.

Standards for variances and appeals. Variances and appeals shall be granted only in accordance with Michigan Public Act 110 of 2006, as amended, and based on the findings set forth in this section.

1.

General criteria.

•

Compliance with the strict letter of the restrictions governing area, setbacks, frontage, height, bulk, density, or other dimensional provisions would create practical difficulties, unreasonably prevent the use of the property for a permitted purpose, or render conformity with such restrictions unnecessarily burdensome. The showing of mere inconvenience is insufficient to justify a variance.

•

Granting of a requested variance or appeal would do substantial justice to the applicant as well as to other property owners in the district; or, as an alternative, granting of a lesser variance than requested would give substantial relief to the owner of the property involved and be more consistent with justice to other property owners.

•

The requested variance or appeal can be granted in such fashion that the spirit of the ordinance will be observed and public safety and welfare secured.

•

There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties or other similar uses in the same zoning district. Examples of exceptional or extraordinary circumstances include exceptionally narrow or shallow lots or lots having an unusual shape, where such conditions existed at the time enactment of this ordinance. The conditions resulting in a variance request cannot be self-created.

•

A variance is necessary for the preservation and enjoyment of a substantial property rights possessed by other property owners in the same zoning district. The desire of the applicant for increased financial return shall not of itself be deemed sufficient cause for granting a variance.

•

The granting of a variance or appeal will not be materially detrimental to the public welfare or materially injurious to other nearby properties or improvements.

•

The granting of a variance or appeal will not increase the hazard of fire or flood or endanger public safety.

•

The granting of a variance or appeal will not unreasonably diminish or impair the value of surrounding properties.

•

The granting of a variance or appeal will not impair public health, safety, comfort, morals, or welfare.

•

The granting of a variance or appeal will not alter the essential character of the neighborhood.

•

The granting of a variance or appeal will not impair the adequate supply of light and air to adjacent property or increase congestion on public streets.

•

In deciding upon an appeal from an action taken by an administrative official or body, the zoning board of appeals shall determine if the administrative official or body has made an error in any order, requirement, decision, or determination in the enforcement and/or interpretation of the zoning ordinance.

2.

Specific criteria applicable to variances. In consideration of all requests for variances, the zoning board of appeals shall review each case individually in relation to the following criteria:

•

The size, character and location of a development permitted after granting of a variance shall be in harmony with the surrounding land use and shall promote orderly development in the zoning district in which it is located.

•

A development permitted upon granting of a variance shall make vehicular and pedestrian traffic no more hazardous than is normal for the district in which it is located, taking into consideration vehicular turning movements, adequacy of sight lines for drivers, location and accessibility of off-street parking, provisions for pedestrian traffic, and measures to reduce contact between pedestrian and vehicular traffic.

•

A development permitted upon granting of a variance shall be designed so as to eliminate any dust, noise, fumes, vibration, smoke, lights, or other undesirable impacts on surrounding properties.

•

The location, design, and height of buildings, structures, fences, or landscaping permitted upon granting of a variance shall not interfere with or discourage the appropriate development, continued use, or value of adjacent land or buildings.

•

The development permitted upon granting of a variance shall relate harmoniously in a physical and economic sense with adjacent land use. In evaluating this criterion, consideration shall be given to prevailing shopping patterns, convenience of access for patrons, continuity of development, and the need for particular services and facilities in specific areas of the city.

•

That the conditions related to the use of a specific parcel of land for which the variance is sought are not of a recurrent or general nature such that it would be more reasonable to adopt a general regulation in the zoning ordinance to address the condition.

(Ord. No. 128-B, § I, 9-20-10)

A.

Initiation of amendment. The city council may from time to time, at its own initiative or upon recommendation from the planning commission or on petition, amend, supplement, or change the district boundaries or the regulations herein, pursuant to the authority and procedures set forth in Michigan Public Act 110 of 2006, as amended. Text amendments may be proposed by any governmental body or any interested person or organization. Changes in district boundaries may be proposed by any governmental body, any person having a freehold interest in the subject property, or by the designated agent of a person having a freehold interest in the property.

B.

Application for amendment. A petition for an amendment to the text of this ordinance or an amendment to change the zoning classification of a particular property, shall be commenced by filing a petition with the department of building and safety, on the forms and accompanied by the fees specified. The petition shall explicitly described the proposed amendment and shall be signed by the applicant. Petitions for rezoning of a specific site shall be accompanied by a plot plan or survey, which shall contain the following information:

1.

Applicant's name, address, and telephone number.

2.

Scale, northpoint, and dates of submission and revisions.

3.

Zoning classification of petitioner's parcel and all abutting parcels.

4.

Existing lot lines, building lines, structures, parking areas, driveways, and other improvements on the site and within 100 feet of the site.

5.

Proposed lot lines and lot dimensions, and general layout of proposed structures, parking areas, driveways, and other improvements on the site.

6.

Dimensions, centerlines, and right-of-way widths of all abutting streets and alleys.

7.

Location of existing drainage courses, floodplains, lakes and streams, and woodlands.

8.

All existing and proposed easements.

9.

Location of sanitary sewer or septic systems, existing and proposed.

10.

Location and size of watermains, well sites, and building service, existing and proposed.

C.

Review procedure. After the completed petition and all required supporting materials have been received and fees paid, the petition shall be reviewed in accordance with the following procedures:

1.

Planning commission review. The petition shall be placed on the agenda of the next regularly scheduled meeting of the planning commission. The planning commission shall review the petition for amendment in accordance with the procedures and public hearing and notice requirements set forth in Section 306, and other applicable sections of Michigan Public Act 110 of 2006, as amended.

Before submitting its recommendations for the petition to the city council, the planning commission shall hold at least one public hearing. Notice of the public hearing shall be published in a newspaper which circulates in the city not less than 15 days before the date of the hearing. Notice of the time and place of the public hearing shall also be given by mail to each electric, gas, and pipeline public utility company, each telecommunication provider, and each railroad operating within the district or zone affected that registers its name and mailed address with the city clerk for the purpose of receiving notice of public hearings.

•

If an individual property or ten or fewer adjacent properties are included in the request, a notice must be published as required above, and a notice shall also be sent by mail or personal delivery to the owners of property that is the subject of the request, to all personas to whom real property is assessed within 300 feet of the boundary of the property that is the subject of the request, and to the occupants of all structures within 300 feet regardless of whether the property or structure is located in the zoning jurisdiction. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four dwelling units or spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure. The notice is considered to be given when personally delivered or when deposited during normal business hours for delivery with the United States Postal Service or other public or private delivery service. The notice shall be given not less than 15 days before the date of the request will be considered. If the name of the occupant is not known, the term "occupant" may be used for the intended recipient of the notice.

The notice shall do all of the following:

1.

Describe the nature of the request.

2.

Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.

3.

State when and where the request will be considered.

4.

Indicate when and where written comments will be received concerning the request.

5.

Indicate the places and times at which the proposed text and any maps may be examined.

•

If 11 or more adjacent properties are included in the request, a notice must be published as required above.

The notice shall do all of the following:

1.

Describe the nature of the request.

2.

Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.

3.

State when and where the request will be considered.

4.

Indicate when and where written comments will be received concerning the request.

5.

Indicate the places and times at which the proposed text and any maps may be examined.

•

The city council shall grant a public hearing on the proposed request to an interested property owner who requests a hearing by certified mail, addressed to the city clerk. Written notice of the public hearing shall be given to the interested property owner. The notice is considered to be given when personally delivered or deposited during normal business hours for delivery with the United States Postal Service or other public or private delivery service. The notice shall be given not less than 15 days before the date the request will be considered. If the name of the occupant is not known, the term "occupant" may be used for the intended recipient of the notice.

The notice shall do all of the following:

1.

Describe the nature of the request.

2.

Indicate the property that is the subject of the request.

3.

State when and where the request will be considered.

4.

Indicate when and where written comments will be received concerning the request.

5.

Indicate the places and times at which the proposed text and any maps may be examined.

2.

Action by the planning commission and city council. Following the hearing on the proposed amendment, the planning commission shall make written findings of fact which it shall transmit together with the comments made at the public hearing, and its recommendations to the city council of receipt of the completed petition.

The city council may hold additional hearings if the council considers it necessary. The city council may by majority vote of its membership:

•

Adopt the proposed amendment,

•

Reject the proposed amendment,

•

Refer the proposed amendment back to the planning commission for further recommendation within a specified time period. Thereafter, the city council may either adopt the amendment with or without the recommended revisions, or reject it.

•

Protest. Whenever a written protest against a proposed amendment is presented in writing to the city clerk, signed by the owners of at least 20 percent of the area included in the proposed change, or by the owners of at least 20 percent of the area of land included within an area extending outward 100 feet from any point on the boundary of land included in the proposed change, excluding publicly-owned land in calculating the 20 percent required, such amendment shall not be passed except by the favorable vote of three-fourths of the entire city council.

•

Notice of adoption. Following adoption of an amendment to this ordinance by the city council, one notice of adoption shall be published in a newspaper of general circulation in the city within 15 days after adoption. The notice shall include: either a summary of the regulatory effect of the amendment including the geographic area affected, or the text of the amendment; the effective date of the amendment; and the time and place where a copy of the ordinance may be purchased or inspected.

•

Reconsideration of a proposed amendment. No application for a map amendment which has been denied by the city council shall be reconsidered unless there have been changes in the facts, evidence, and/or conditions in the case. Determination of whether there have been such changes shall be made by the planning commission at the time the application is submitted for processing.

3.

Review considerations. The planning commission and city council shall, at minimum, consider the following before taking action on any proposed amendment:

•

Will the proposed amendment be in accordance with the basic intent and purpose of the zoning ordinance?

•

Will the proposed amendment further the comprehensive planning goals of the city?

•

Have conditions changed since the zoning ordinance was adopted, or was there a mistake in the zoning ordinance, that justify the amendment?

•

Will the amendment correct an inequitable situation created by the zoning ordinance, rather than merely grant special privileges?

•

Will the amendment result in unlawful exclusionary zoning?

•

Will the amendment set an inappropriate precedent, resulting in the need to correct future planning mistakes?

•

If a rezoning is requested, is the proposed zoning consistent with the zoning classification of surrounding land?

•

If a rezoning is requested, could all requirements in the proposed zoning classification be complied with on the subject parcel?

•

If a rezoning is requested, is the proposed zoning consistent with the trends in land development in the general vicinity of the property in question?

4.

Notice and record of amendment adoption. Following adoption of an amendment by the city council, notice shall be published in newspaper of general circulation in the city within 15 days after adoption, in accordance with Section 401(7) of Michigan Public Act 110 of 2006, as amended. A record of all amendments shall be maintained by the city clerk and the department of building and safety. A master zoning map shall be maintained by the director of building and safety, which shall identify all map amendments by number and date.

(Ord. No. 128-B, § I, 9-20-10)

A.

Permits.

1.

Scope of requirements. A zoning permit shall be required prior to the erection, alteration, enlargement, repair (excluding normal maintenance), renovation, demolition or removal of any building or structure, and/or the excavation, filling, or grading of lots. No plumbing, electrical, drainage or other permit shall be issued unless the director of building and safety has determined that the proposed use and any improvements proposed on the plans are in conformance with the provisions of this ordinance.

A zoning permit shall also be required for the new use of land, whether the land is currently vacant if a change in land use is proposed.

A zoning permit shall also be required for any change in use of existing building or structure to a different class or type.

For the purposes of this section, the terms "altered" and "repaired" shall include any changes in structural parts, stairways, type of construction, type, class or kind of occupancy, light or ventilation, means of ingress and egress, or other changes affecting or regulated by the building code, the Housing Law of Michigan (Public Act 167 of 1917, as amended), or this ordinance or other applicable ordinances of the city.

2.

Application requirements. No permit shall be issued for construction, alteration, or remodeling of any building or structure until an application has been submitted, showing that the proposed improvements are in conformance with the provisions of this ordinance and with the building code.

Applications for permits required by this section shall be filed with the director of building and safety, and shall be accompanied by the fee established by resolution of the city council. Each application shall be accompanied by a written detailed explanation of the proposed improvements, and, if applicable, dimensioned plans drawn to scale. The plans shall be of sufficient detail to allow the director of building and safety to determine whether the proposed improvements are in conformance with this ordinance, the State Construction Code Act (Michigan Public Act 230 of 1972, as amended), and other applicable laws and ordinances. At minimum, the plans shall illustrate the following:

•

The shape, location, and dimensions of the lot.

•

Existing buildings or structures, plus the shape, size, and location of all buildings or structures to be erected, altered, or moved.

•

The existing and intended use of the parcel and all existing and proposed buildings or structures.

•

On residential parcels, the number of dwelling units contained within each building.

•

The names and widths of abutting roads and road rights-of-way.

•

The name and address of all persons having a freehold interest in the premise upon which the improvements are proposed, together with a written statement from all such persons indicating knowledge of and agreement with the proposal.

•

All information required by the building code.

•

Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this ordinance will be complied with.

A site plan submitted and approved in accordance with section 24.02 satisfy the requirements of this section.

3.

Conformity with applicable ordinances and approved plans. The director of building and safety shall issue permits only if, after thorough inspection of the application materials and plans, he finds that the proposal is in conformance with this ordinance, the State Construction Code Act, Michigan Public Act 230 of 1972, as amended, and other applicable laws and ordinances, except where the director of building and safety receives notice of a variance having been granted by the zoning board of appeals or building/fire board of appeals.

Permits issued on the basis of plans and application materials approved by the director of building and safety authorized only the use, layout, and construction set forth in such plans and application materials. Use, layout, or construction at variance with approved plans and application materials shall be deemed in violation of this ordinance, and subject to penalties in accordance with section 24.09. These provisions shall not preclude minor modifications, subject to the provisions in section 24.02, subsection E.

4.

Expiration of permits. A permit issued pursuant to the provisions of this ordinance shall expire 180 days from the date of issuance if the proposed work has not begun, in accordance with the State Construction Code Act. The building official shall mail or deliver written notice to the applicant indicating that:

•

The permit has been cancelled, and

•

Work shall not proceed until a new building permit has been obtained.

5.

Required inspection. It shall be the responsibility of the holder of any permit to notify the department of building and safety in writing of the time when a building or site is ready for inspections. The first inspection shall be required when excavation for the foundation has been completed and forms are in place. The second inspection shall be required when the building is completed.

Sheds and garages that are less than 800 square feet in area shall require only one inspection, as soon as wall studs are in place. Only one inspection shall be required for a change in land or building use, at the time the change in use has been completed.

Failure to notify the department of building and safety of the time for such inspection shall result in cancellation of the permit. Before re-issuing a permit, full payment of fees shall be required.

B.

Certificates of occupancy. It shall be unlawful to occupy or permit the occupancy of any land, building, or structure for which a permit has been issued, or to occupy or permit the occupancy of any building or structure hereafter altered, extended, erected, repaired, reoccupied, or moved, unless and until a certificate of occupancy has been issued by the director of building and safety for such use, in effect indicating that the provisions of this ordinance have been complied with and all outstanding fees have been paid. The following guidelines shall apply to the issuance of certificates of occupancy:

1.

General requirements.

•

Certificates for existing buildings. Certificates of occupancy shall be issued for existing buildings or structures or parts thereof, or existing uses of land if, after inspection, the director of building and safety finds that such buildings, structures, or parts thereof, or uses of land, are in conformity with the provisions of this ordinance.

•

Temporary certificates. A temporary certificate of occupancy may be issued for a portion of a building or structure prior to occupancy of the entire building or structure, provided that such portion of the building, structure, or premises is in conformity with the provisions of this ordinance and the building code, and provided further that no threat to public safety exists. The director of building and safety may require that a performance guarantee be provided in accordance with section 2.17 as a condition of obtaining a temporary certificate. The date of expiration shall be indicated on the temporary certificate; failure to obtain a final certificate of occupancy within the specified time shall constitute a violation of this ordinance, subject to the penalties set forth in section 24.09. In no case shall a temporary certificate of occupancy remain in force for a period exceeding six months total or five days after the principal building of the site is completed.

•

Certificates for accessory buildings to dwellings. Buildings and structures that are accessory to a dwelling shall not require a separate certificate of occupancy, but may be included in the certificate of occupancy for the principal use on the same parcel, provided the accessory buildings or uses are shown on the plot plan and are completed at the same time as the principal use.

2.

Period of validity. A final certificate of occupancy shall remain in effect for the life of the building or structure, or part thereof, or use of the land, until the use of the building, structure, or land changes. A change of use shall require a new certificate of occupancy.

3.

Records of certificates. A record of all certificates of occupancy shall be kept by the building official. Copies of such certificates shall be furnished upon request to a person or persons having a propriety or tenancy interest in the property.

4.

Application for and issuance of certificates. Certificates of occupancy shall be applied for in writing to the department of building and safety. The director of building and safety shall inspect a building or structure within five working days after notification of completion of a building or structure or other improvements. The director of building and safety shall issue a certificate of occupancy upon finding that the building or structure, or part thereof, or the use of land is in conformance with the provisions of this ordinance. If the director of building and safety denies approval of a certificate, the applicant shall be notified in writing of the denial and the reasons for denial.

(Ord. No. 128-B, § I, 9-20-10)

Any application for an amendment to this ordinance, site plan review, review of a special land use proposal, review of a planned unit development proposal, request for a variance, request for inspection, request for a building or zoning permit, request for a certificate of occupancy, or other request for other action pursuant to the regulations set forth in this ordinance shall be subject to and accompanied by a fee as established by the city council. Such fees shall be collected in advance of any reviews, inspections, or issuance of any permits or approvals. Upon notification of deficient payment of fees, administrative officials charged with enforcement of the ordinance shall cause any permits to be suspended and reject applications for new permits directly associated with the project.

The assessment and payment of application fees does not affect the requirements for a performance guarantee as specified in section 2.17.

There shall be no fee in the case of applications filed in the public interest by a municipal department or city official.

(Ord. No. 128-B, § I, 9-20-10)

1.

Public nuisance. Buildings erected, altered, razed or converted (including tents, mobile homes, and trailer coaches), or uses carried on in violation of any provision of this ordinance are hereby declared to be a nuisance per se, and shall be subject to abatement or other action by a court of appropriate jurisdiction.

2.

Violation. Any person, firm, corporation, or agent, or any employee, contractor, or sub-contractor of same, who fails to comply with any of the provisions of this ordinance or any of the regulations adopted in pursuance thereof, or who impedes or interferes with the enforcement of this ordinance by the director of building and safety or other enforcement official, shall be deemed in violation of this ordinance.

3.

Penalties. Any violation of this ordinance shall constitute a municipal civil infraction. Each day a violation occurs or continues shall constitute a separate offense. Furthermore, the owner or tenant of any building, structure, premise, or part thereof, and any architect, engineer, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains any violation of the ordinance may each be found guilty of a separate offense and may be subject to the penalties provided herein. The cost of prosecution shall also be assessed against the violator.

The imposition of any sentence shall not exempt the offense from compliance with the requirements of this ordinance.

4.

Authority to pursue court action. The city council or its duly authorized representative is hereby empowered to commence and pursue any and all necessary and appropriate actions or proceedings in the circuit court, or any other court having jurisdiction, to restrain or prevent any noncompliance with or violation of any of the provisions of this ordinance, and to correct, remedy, or abate such noncompliance with or violation of any of the provisions of this ordinance, and to correct, remedy, or abate such noncompliance or violation. Any person aggrieved or adversely affected by such noncompliance or violation may institute suit or join the city council in such a suit to abate the violation.

5.

Other remedies. The rights and remedies set forth above shall not preclude the use of other remedies provided by law, including any additional rights of the city to initiate proceedings in an appropriate court of law to restrain or prevent any noncompliance with any provisions of this ordinance, or to correct, remedy, or abate such noncompliance.

6.

Rights and remedies preserved. Any failure or omission to enforce the provisions of this ordinance, and any failure or omission to prosecute any violations of this ordinance, shall not constitute a waiver of any rights and remedies provided by this ordinance or by law, and shall not constitute a waiver of nor prevent any further prosecution of violations of this ordinance.

(Ord. No. 128-B, § I, 9-20-10)

Permanent and current records of this ordinance, including but not necessarily limited to, all maps, amendments, variances, appeals, special land uses, certificates of occupancy, and related applications, shall be maintained in the office of the city administrative official having jurisdiction.

Every rule or regulation, decision, finding of fact, condition of approval, resolution, or other transaction of business of the planning commission or zoning board of appeals shall be duly recorded and filed in the public records of the office of the city clerk.

A copy of any application permit, certificate, transcript of a public meeting, or other item of the public record, may be obtained from the appropriate city office upon payment of copying costs.

(Ord. No. 128-B, § I, 9-20-10)