It is the intent of this article to require site plan review approval prior to issuance of a building permit for certain buildings, structures, and uses that may have an adverse impact on public health, safety and welfare in relationship to drainage, utilities, natural resources, traffic patterns, adjacent parcels, landscaping, signs and the character of future development. The standards and procedures of this article are instituted to provide an opportunity for the planning commission to review a proposed use to ensure that all such buildings, structures, and uses are in conformity with the provisions of this zoning chapter, other ordinances of the village, and state and federal statutes.

(Ord. No. 82, § 16.0, eff. 6-25-1991)

(a)

Generally. Site plan review and approval by the planning commission shall be required prior to the issuance of a permit for any construction, reconstruction, erection, and/or expansion of any building or structure in any zoning district, prior to the issuance of any conditional use permit, and prior to the initiation of any new use of land not requiring a building permit, with the exception of the following:

(1)

Construction, reconstruction, erection and/or expansion of a single-family detached dwelling on a single lot in the VLDR, LDR, VCR, CBD and OSD zoning districts.

(2)

Accessory buildings and structures which are accessory to a single-family or two-family dwelling in any zoning district.

(3)

Family day care and foster family homes in any zoning district.

(4)

Construction solely on the building interior that does not increase usable floor area.

(5)

Construction or erection of signs; retaining walls; fences; buffer walls; waste receptacles; sidewalks; antennas; lights; poles; and cooling, heating, or other mechanical equipment when located on a building or structure which conforms to the standards of this zoning chapter, or occupying a ground area of less than 100 square feet.

(b)

Sketch plans. The intent of the sketch plan is to allow review of minor expansions without requiring all of the information normally included in a full site plan. Sketch plan review shall include a review of the complete site for compliance with current ordinance standards. A sketch plan application shall be reviewed and approved by the village administrator. A separate review fee may be established by the village council. Nonconformities related to the site shall be brought into compliance relative to the amount of expansion being proposed following the standards of section 36-587. A sketch plan may be submitted under the following conditions:

(1)

A cumulative expansion of no more than 20 percent from the original site plan of the square footage of the building or parking, provided that any previous minor expansions be considered in making the determination.

(2)

Uses within an existing building when the use will be similar or less intense than the past use in terms of parking, traffic generation, drainage, utility needs, noise, aesthetics, and other external impacts.

(3)

Accessory structures and uses except for those on lots that are part of residential plats. Signs shall be reviewed and approved by the building inspector.

(4)

Minimum contents of a sketch plan include:

a.

Drawn to an engineer's scale.

b.

Application form and fee.

c.

Proof of ownership.

d.

Legal description of the property.

e.

Property lines.

f.

Existing and proposed buildings and parking lots with dimensions and setbacks.

g.

Existing and proposed parking calculations.

h.

Existing and proposed driveways.

i.

Existing and proposed signs.

j.

Existing and proposed landscaping illustrated on a plan and described in a plant list.

k.

Layout of proposed changes to utilities.

l.

Any proposed changes to grading, lighting, dumpsters, protected or landmark trees.

m.

Architectural perspective or elevations of proposed changes to buildings.

n.

Any other items requested by village staff or the planning commission to assist in the review.

(Ord. No. 82, § 16.1, eff. 6-25-1991; Ord. No. 98, eff. 12-22-1995; Ord. No. 130, 9-13-2004)

Application for site plan review shall be made by submitting the required materials to the village clerk at least 21 days prior to the planning commission meeting at which the site plan is to be considered. The process for site plan review is illustrated in Figure 3.1, and discussed as follows:

(1)

Applicant submittal. Submittal of application form, payment of fee and a site plan package with the required site plan contents.

(2)

Initial review. The village clerk shall refer the site plan to the planning commission and village staff for their review within 14 days of the submittal.

(3)

Review. The planning commission and staff shall review the site plan for compliance with the standards of this chapter and other appropriate ordinances and statutes, and shall, within 45 days following the applicant's submittal:

a.

Approve the site plan and return a copy signed by the planning commission chairperson to the applicant. The applicant may then submit the necessary plans and documents for a building permit.

b.

Approve with conditions which the planning commission determines are reasonable and necessary to ensure conformance with applicable ordinances and statutes. These conditions shall be listed in the motion and noted on the site plan, with the planning commission chairperson's signature. The applicant shall submit of a revised site plan within 30 days that incorporates the conditions imposed by the planning commission. The zoning administrator shall have the authority to sign the final site plan as approved upon determination that the conditions have been met. If the zoning administrator determines that the conditions have not been met, the site plan shall be referred back to the planning commission.

c.

Upon determining that the site plan does not meet the standards, spirit and intent of this zoning chapter and other appropriate ordinances and statutes, the planning commission shall deny the site plan or table action and direct the applicant to make modifications and resubmit the site plan.

(4)

Compliance. The zoning administrator may make periodic investigations of developments for which site plans have been approved. Noncompliance with the requirements and conditions of the approved site plan shall constitute grounds for the planning commission to terminate such approval following a public hearing.

(Ord. No. 82, § 16.2, eff. 6-25-1991)

(a)

Application form requirements. Application form requirements are as follows:

(1)

A completed application form.

(2)

Payment of a nonrefundable application fee, in an amount established from time to time by resolution of the village council. A separate escrow deposit may be required for administrative charges to review the site plan submittal.

(3)

Current proof of ownership of the land to be utilized or evidence of a contractual ability to acquire such land, such as an option or purchase agreement.

(b)

Site plan information. The applicant shall submit 12 copies of a site plan containing all of the information listed in this subsection (b) on a sheet size at least 24 × 36 inches with graphics at an engineer's scale. A scale of one inch equals 20 feet shall be required for sites of three acres or less.

(1)

The applicant's name.

(2)

The name, address and professional seal of the architect, engineer, surveyor or landscape architect responsible for preparation of the site plan.

(3)

A complete and current legal description and size of property in acres and square feet.

(4)

A small location sketch of sufficient size and scale to locate the property within the village.

(5)

A north arrow.

(6)

The date of preparation and any revisions.

(7)

All existing lot lines and dimensions, including setback lines and existing or proposed easements.

(8)

Zoning and current land use of applicants property and all abutting properties and of properties across any public or private street from the site.

(9)

The location of all existing structures, street right-of-way, pavement, sidewalks, parking areas and driveways on the property and within 100 feet of the subject property (including driveways on the opposite side of any street). Notes shall be provided indicating those which will remain and those which are to be removed.

(10)

Indication of existing drainage patterns, surface or water bodies.

(11)

The limits of any wetland regulated by the state department of environmental quality (MDEQ), including attachment of any MDEQ-approved wetland determination or documentation that an application for MDEQ review has been submitted. If an MDEQ-regulated wetland is to be impacted, an indication of the status of application for an MDEQ wetland permit or copy of such a permit including description of any wetland mitigation required, shall be attached.

(12)

The layout and dimensions of proposed lots, streets and drives (including grades, right-of-way and pavement width, number of lanes, intersection radii), access points (including deceleration or passing lanes, distance from adjacent driveways or street intersection), sidewalks (width, pavement type and distance from street) and recreation areas. Written verification of any access easements or agreements for shared access or driveway curb return extending beyond the property line shall be required.

(13)

Building footprints, dimensions, setbacks, typical floor plans and a sketch of any rooftop or ground mounted equipment to scale.

(14)

Existing and proposed locations of utility services (with sizes), including storm drainage, retention or detention ponds, manholes, fire hydrants, and any public or private easements; notes shall be provided clearly indicating which existing services will remain and which will be removed.

(15)

The location, type and size of all deciduous trees with a caliper over eight inches at breast height and evergreen trees over six feet in height. Notes shall be provided indicating those which will remain and those which are to be removed.

(16)

A landscape plan indicating proposed ground cover and plant locations and with common plant name, number, and size at installation. Berms, retaining walls or fences shall be shown with elevations from the surrounding average grade.

(17)

Location and method of screening for all refuse storage stations/dumpsters in accordance with section 36-523.

(18)

Parking, storage and loading/unloading areas, including the dimensions of a typical space and aisle. The total number of parking and loading/unloading spaces to be provided and the method by which the required parking was calculated shall be noted.

(19)

Details of exterior lighting including location, height, method of shielding and style of fixtures.

(20)

Locations of all signs including location, type, height and method of lighting.

(21)

A site grading plan for all developments where grading will occur, with existing and proposed topography at a minimum of two-foot contour intervals and with topography extending a minimum of 20 feet beyond the site in all directions and a general description of grades within 50, and further where required to indicate stormwater runoff into an approved drain or detention/retention pond. A general description and location of the stormwater management system shall be shown on the grading plan. The village engineer may require detailed design information for any retention/detention ponds and stormwater outfall structures or basins. If MDEQ-regulated wetlands are to be used, status of MDEQ permit application or copy of permit with attached conditions shall be provided.

(22)

Any additional graphics or written materials requested by the planning commission to assist the city in determining the compliance with the final site plan standards, such as aerial photography, photographs, traffic impacts using trip generation rates recognized by the Institute of Transportation Engineers for an average day and peak hours of the affected roadways, and impact on significant natural features and drainage.

(c)

Additional submittal requirements. Additional submittal information shall be required for certain projects:

(1)

For sites exceeding five acres and/or containing more than two buildings: Elevations showing height and materials for all proposed structures, including any residential units, shall be provided for all sides in view from an existing or proposed public street. These elevations shall be considered part of the approved site plan.

(2)

For residential developments: calculation of residential density (number of unit divided by acreage exclusive of any public right-of-way); minimum, maximum and average lot area; and a description of the number, size and bedroom type of units; if a multiphase development is proposed, identification of the areas included in each phase.

(3)

For commercial and office uses: The gross floor area and useable floor area of each use or lease space.

(4)

For industrial uses: The floor area devoted to industrial uses and the area intended for accessory office use.

(5)

For sites within the limits of any area within the 100-year floodplain, as determined by the Federal Insurance Administration flood insurance rate map: The location of any structure located within the floodplain, the elevation in relation to mean sea level of the floor, including the basement, of all structures shall be shown, and documentation of development permission from appropriate local, state, and federal agencies, including a floodplain permit, approval, or letter of no authority from the state department of environmental quality under authority of part 31 of Public Act No. 451 of 1994 (MCL 324.3101 et seq.).

(Ord. No. 82, § 16.3, eff. 6-25-1991)

Based upon the following standards, the planning commission may recommend denial, approval, or approval with conditions of the site plan:

(1)

Generally. All elements of the site plan shall be designed in consideration of topography, the character of adjacent buildings and uses, and the traffic operations of adjacent streets. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this zoning chapter.

(2)

Design. Buildings and all elements of the site plan shall utilize quality design to ensure that buildings, improvements and site design reflect the historic character of the village, particularly sites within the central business district (CBD) or the entryway to the CBD district along State Road.

a.

New buildings, additions and renovations, shall be designed to preserve or complement the design character of the village, provide visual harmony between old and new buildings, and create a positive image for the business district.

b.

Buildings shall front towards and have their primary pedestrian entrance facing onto the public street. Blank walls may not face a public street and buildings must have windows and architectural features commonly associated with the front facade of a building, such as awnings, cornice work, edge detailing or other decorative finish materials, on walls that face the public street.

c.

Buildings shall be located to create a defined streetscape and provide proper relationship to adjacent structures through building mass, proportion, scale, roofline shapes and rhythm of windows and doors.

d.

The exterior building materials and treatment shall be of "finished quality," consistent with the quality of exterior treatment on buildings historically built within the village CBD district. For any side of a principal building visible from a public street, at least 90 percent of the facade shall be constructed of, or covered with, one or more of the following materials:

1.

Brick;

2.

Cut stone;

3.

Vinyl siding;

4.

Wood siding;

5.

Nonreflective glass; or

6.

Other materials similar to the above as determined by the planning commission.

e.

Buildings shall possess architectural variety, but the architecture shall be consistent with the historic character of the village CBD district. The type and color of materials shall not be contrary to the historic character of the village. Buildings shall provide architectural features, details and ornaments such as archways, colonnades, cornices or peaked rooflines. Building entrances shall utilize windows, canopies and awnings.

f.

Signs, landscaping, walls, street lighting and other site elements shall be coordinated and compatible with the building design and continue the established theme of the historic village CBD district.

(3)

Preservation of significant natural features. Judicious effort shall be used to preserve the integrity of the land, the quality of the Mill Pond, existing topography, desirable drainage patterns, wetlands, mature trees, wildlife habitat, and the 100-year floodplain.

(4)

Views. Views from adjacent properties and streets to the Mill Pond and other significant natural features shall be preserved to the greatest extent practical. Placement and height of buildings and structures shall make reasonable provision for preserving existing views of the significant visual resources in the village.

(5)

Building relationships. Buildings and structures shall be placed so as to maintain an uncrowded appearance which preserves significant views and protects environmentally sensitive areas.

(6)

Streets, driveways and circulation. Safe, convenient, uncongested, and well-defined vehicular and pedestrian circulation within and to the site shall be provided. Access to the site shall be designed to minimize conflicts between vehicles and pedestrians, and with traffic using adjacent streets and driveways. All streets and driveways shall be developed in accordance with article II of chapter 28, street and driveway standards.

(7)

Emergency vehicle access. Adequate access for emergency vehicles to the site and all buildings or groups of buildings shall be provided. Based upon a recommendation by the Atlas Township fire chief, the planning commission may require installation of a water source for firefighting, such as dry hydrants or water storage tanks.

(8)

Parking and loading spaces. The number and dimensions of off-street parking and loading/unloading spaces shall be sufficient to meet the minimum required by this zoning chapter.

(9)

Barrier free access. The site shall be designed to provide barrier free parking and pedestrian circulation, in compliance with state statues and standards.

(10)

Landscaping. The landscape shall be preserved in its natural state, insofar as practical, by minimizing alterations to the topography and existing mature vegetation. Landscaping shall be provided in accordance with the provisions of the zoning district and designed to help create the impression of a nature landscape. Ground cover shall be primarily living material. The applicant should make special effort to utilize plant materials native to this state.

(11)

Stormwater management and soil erosion control. Special attention shall be given to proper site surface drainage to minimize adverse affects on adjacent properties, the Mill Pond and wetlands. Provisions shall be made to accommodate stormwater which complements the natural drainage patterns, the Mill Pond and wetlands, prevents erosion and the formation of dust. Temporary on-site storage to reduce peak stormwater runoff may be required. Stormwater runoff on paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic or create standing water. Design shall minimize erosion of soil or other material.

(12)

Storage of potentially hazardous materials or waste. Special attention shall be given to location and design of outdoor material storage facilities for potentially harmful materials to minimize adverse affects on adjacent properties, the Mill Pond, wetlands, and drinking water. Uses utilizing, storing or handling hazardous material such as gasoline, oil or cleaning agents shall provide secondary containment facilities and provide documentation of compliance with state and federal regulations.

(13)

Utilities. The development shall connect to public sewer facilities or provide for such facilities separately. All new utility distribution lines shall be placed underground.

(14)

Dumpsters. Waste receptacles and dumpsters shall be located to minimize negative impacts and in accordance with the standards of section 36-523.

(15)

Exterior lighting. Exterior lighting shall be arranged so that illumination is directed away from adjacent properties and streets.

(16)

Signs. The standards of this chapter are met.

(Ord. No. 82, § 16.4, eff. 6-25-1991; Ord. eff. 10-1-1998)

(a)

Approval of the final site plan is valid for a period of one year. If actual physical construction of a substantial nature of the improvements included in the approved site plan has not commenced and proceeded meaningfully toward completion during that period, and if a written request for extension of the approval has not been submitted by the applicant, the approval of the final site plan shall be deemed null and void.

(b)

Upon written application, filed prior to the termination of the one year review period, the planning commission may authorize a single extension of the time limit for approval of a final site plan for a further period of not more than one year. Such extension shall only be granted based on written evidence from the applicant that construction of the project has been delayed by factors beyond the reasonable control of the applicant and that construction of the project is likely to proceed within the extension period.

(Ord. No. 82, § 16.5, eff. 6-25-1991)

Minor changes to the approved final site plan may be approved by the zoning administrator without requiring a resubmittal to the planning commission, provided that:

(1)

The applicant or property owner notifies the zoning administrator of any proposed amendment to such approved site plan prior to making such change on the site.

(2)

The determination by the zoning administrator that the proposed revision does not alter the basic design, compliance with the standards of approval, nor any specified conditions of the plan as agreed upon by the planning commission. For purposes of interpretation, the following shall be considered minor changes:

a.

The size of structures may be reduced, or increased by up to five percent, provided that the overall density of units does not increase.

b.

Movement of a building by no more than ten feet.

c.

Plantings approved in the final site plan landscape plan may be replaced by similar types and sizes of landscaping which provides a similar screening effect on a one-to-one or greater basis.

d.

Improvements to site access or circulation, such as inclusion of deceleration lanes, boulevards, curbing, pedestrian/bicycle paths, etc.

e.

Changes of building materials to another of higher quality, as determined by the zoning administrator.

f.

Changes in floor plans which do not alter the character of the use.

g.

Slight modification of sign placement or reduction of size.

h.

Changes required or requested by the village, county, state or federal agency for safety reasons.

i.

Situations similar to the provisions of this subsection (2).

(Ord. No. 82, § 16.6, eff. 6-25-1991)

(a)

Any person aggrieved by the decision of the planning commission in granting or denial of final site plan approval shall have the right to appeal the decision to the zoning board of appeals. The appeal shall be filed with the village clerk within five business days of the decision of the planning commission. The appeal shall state the aggrieved parties' grounds for appeal.

(b)

The filing of an appeal of a decision of the planning commission concerning a site plan shall act to stay any building permit issued for improvements on the property which is the subject of the appeal.

(c)

On hearing such appeal, the zoning board of appeals shall review the record before the planning commission and shall determine whether or not there was support on the record for the original decision. The appellant shall not have the right to present new evidence, but shall be bound by the record before the planning commission. The zoning board of appeals shall approve the site plan if the requirements of this zoning chapter, other applicable village ordinances and applicable state and federal statutes are met, and prepare written findings on its decision on the appeal.

(d)

An appeal of a zoning board of appeals decision concerning a site plan shall be to the county circuit court.

(Ord. No. 82, § 16.7, eff. 6-25-1991)