The provisions of this chapter shall be administered by the building department and the building inspector and his deputies.

(Code 1980, § 5.181)

(a)

The building inspector shall have the power to grant zoning compliance and occupancy permits, to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter. It shall be unlawful for the building inspector to approve any plans or issue a zoning compliance permit or a building permit for any excavation or construction until he has inspected such plans in detail and found them in conformity with this chapter. To this end, the building inspector shall require that every application for a zoning compliance permit for excavation, construction, moving or alteration or change in type of use or the type of occupancy be accompanied by written statements and plans or plats drawn to a scale of not less than one inch equals 50 feet, in duplicate, and showing the following in sufficient detail to enable the building inspector to ascertain whether the proposed work or use is in conformance with this chapter.

(1)

The legal description, actual shape, location and dimensions of the lot.

(2)

The shape, size and location of all buildings or other structures to be erected, altered or moved, and of any buildings or other structures already on the lot.

(3)

The existing and intended use of the lot and all such structures upon it, including in the residential areas the number of dwelling units the building is intended to accommodate.

(4)

Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being observed.

(5)

Existing and proposed grades to an extent necessary to allow the building department and the city engineer to properly determine the results of the proposed work.

(b)

If the proposed excavation, construction, moving or alteration, or use of land, as set forth in the application, are in conformity with the provisions of this chapter, the building inspector shall issue a zoning compliance permit. If any application for such permit is not approved, the building inspector shall state in writing on the application the cause for such disapproval. Issuance of a permit shall in no case be construed as waiving any provisions of this chapter.

(c)

The building inspector is, under no circumstances, permitted to grant exceptions to the actual meaning of any clause, order or regulation, contained in this chapter to any person making application to excavate, construct, move, alter or use either buildings, structures or land within the city.

(d)

The building inspector is, under no circumstances, permitted to make changes to this chapter nor to vary the terms of this chapter in carrying out his duties as building inspector.

(Code 1980, § 5.182)

The following shall apply in the issuance of any permit:

(1)

Permits required. It shall be unlawful for any person to commence excavation for, or construction of any building structure, or moving of an existing building without first obtaining a building permit from the building inspector. No permit shall be issued for the construction, alteration or remodeling of any building or structure until an application has been submitted in accordance with the provisions of this chapter, showing that the construction proposed is in compliance with the provisions of this chapter and with the building code. No plumbing, electrical, drainage or other permit shall be issued until the building inspector has determined that the plans and designated use indicate that the structure and premises, if constructed as planned and proposed, will conform to the provisions of this chapter. Alteration or repair of an existing building or structure shall include any changes in structural members, stairways, basic construction, type, kind or class of occupancy, light or ventilation, means of egress and ingress or any other changes affecting or regulated by the building code or this chapter, except for minor repairs or changes not involving any of the aforesaid provisions. (See also definition of term "alteration" in section 90-3.)

(2)

Permits for new use of land. A building permit shall also be obtained for the new use of land, whether presently vacant or a change in land use is proposed.

(3)

Permits for new use of buildings or structures. A building permit shall also be obtained for any change in use of an existing building or structure to a different class or type.

(4)

Special land use, site plan and planned unit development permits. Applications for permits for special land use approval, site plan review and planned unit developments shall be filed with the building inspector or with such other city official or body as the city manager may designate by administrative order. Approval of a special use or a site plan or a planned unit development shall not relieve an applicant of the need to obtain a building permit if a permit would otherwise be required by this section. Application and filing requirements for special land use approval are specified in section 90-75.

(5)

Technical review. The building inspector or such other city official or body as the city manager shall designate, may require that community planners, engineers, architects or other experts review one or more submissions of an application, and report as to compliance or noncompliance with this ordinance and advise, if necessary, of procedures which will result in compliance. The applicant shall pay or reimburse the city for the costs of such review and advice in accordance with section 90-71.

(Code 1980, § 5.183; Ord. No. 353, § II, 5-9-05)

It shall be unlawful to use or permit the use of any land, building or structure for which a building permit is required, and to use or permit to be used any building structure hereafter altered, extended, erected, repaired or moved, until the building inspector shall have issued a certificate of occupancy stating that the provisions of this chapter and the building code have been complied with.

(1)

Certificate of validity. The certificate of occupancy as required for new construction of, or renovations to existing buildings and structures, in the building code, shall also constitute certificates of occupancy as required by this chapter.

(2)

Certificates for existing nonresidential buildings. Certificates of occupancy shall be issued for existing nonresidential building, structures or parts thereof, or existing uses of land if after inspection it is found that such buildings, structures or parts thereof, or such use of land, are in conformity with the provisions of this chapter.

Where an existing nonresidential building has been occupied without the issuance of a proper certificate of occupancy, the building inspector shall, as soon as possible, issue a temporary certificate of occupancy which shall set forth all of the alterations and changes necessary to bring the structure or use to meet the requirements of this chapter and other provisions of this Code. Such temporary certificate of occupancy shall specify a date by which the building or use shall be made to conform to this chapter and other provisions of this Code. The date for bringing the structure or use into conformation with all the requirements of this Code shall not be more than six months later than the date of the temporary certificate of occupancy.

Where the structure or use cannot be made to conform with all requirements of this Code, then the structure or use shall be vacated within the six-month period. This order may be subject to alteration or extension by the board of zoning appeals.

(3)

Temporary certificates. Temporary certificates of occupancy may be issued for a part of a building or structure prior to the occupation of the entire building or structure, provided that such temporary certificate of occupancy shall not remain in force more than six months, nor more than five days after the building or structure is fully completed and ready for occupancy and, provided further, that such portions of the building or structure are in conformity with the provisions of this chapter.

(4)

Records of certificates. A record of all certificates of occupancy shall be kept in the office of the building inspector, and copies of such certificates of occupancy shall be furnished upon request to a person or persons having a proprietary or tenancy interest in the property involved.

(5)

Certificates for accessory buildings to dwelling. Accessory buildings or structures to dwellings shall not require a separate certificate of occupancy, but rather may be included in the certificate of occupancy for the principal dwelling, building or structure on the same lot when such accessory buildings or structures are completed at the same time as the principal use.

(6)

Application for certificates. Certificate of occupancy shall be applied for coincident with the application for a building permit and shall be issued within ten days after the erection or alteration of such building shall have been completed in conformity with the provisions and requirements of this chapter. If such certificate is refused for cause, the applicant therefor shall be notified of such refusal and the cause thereof within ten days.

(7)

Certificates for nonconforming buildings and uses. Reference is made to section 90-127.

(Code 1980, § 5.184)

In order to ensure compliance with the provisions of this chapter, the building inspector will be notified as construction or alteration reaches the following stages:

(1)

Prior to completion of the footings and prior to the erection of any foundations.

(2)

Upon completion of all work authorized by the building permit. Until inspection is completed, no further work shall be accomplished. At each inspection, the building inspector shall insure that all work accomplished complies with the applicable provisions of this chapter. If he determines that any provision of this chapter has been violated, he shall immediately suspend the building permit, and such suspension shall remain in effect until correction of all violations shall have been approved by the building inspector.

(Code 1980, § 5.185)

Fees for inspections; for review of applications for permits generally; for review of site plans; and applications for special land use approval or planned unit developments (PUDs); and for certificates or copies thereof required or issued under the provisions of this chapter shall be collected by the city treasurer in advance of the review or issuance of the permits, certificates or approvals. The amount of the fees shall be established and revised by the city council from time to time, and shall include the cost of inspection and supervision for the enforcement of this chapter. All fees shall be paid to the general fund of the city.

(1)

Every application for a special use permit or approval of a site plan or PUD shall be accompanied by a non-refundable application and filing fee established by the city council, plus a deposit for the estimated recoverable costs to be incurred by the city in processing the application, as shall be fixed from time to time by administrative order of the city manager. The owner of the property subject of the application and, if different, the applicant shall sign the application. Both shall be jointly and severally liable for the payment of the fee and the city's recoverable costs. By signing the application, the owner shall be deemed to have agreed to pay such fee and costs and to consent to the filing and foreclosure of a lien on the subject property to ensure collection of any unpaid fee and costs, plus the costs of collection. Any lien filed pursuant to this paragraph may be charged against the premises and the owner thereof in accordance with the provisions of section 1-15 of this Code.

(2)

"Recoverable costs" means the costs incurred by the city in processing an application for special use permit approval or approval of a site plan or PUD, and shall be deemed to consist at least of the following items of direct and indirect expenses:

(a)

Legal publication (direct cost);

(b)

Document preparation and review (hourly salary times a multiplier to be established from time to time by administrative order of the city manager at a level sufficient to recover 100 percent of the direct and indirect cost of such service);

(c)

Copy reproduction (direct cost);

(d)

Document recordation (direct cost);

(e)

Professional and technical consultant services such as engineers, architects, and community planners (direct cost);

(f)

Legal review, consultation, and advice (direct cost).

(g)

Inspection fees (direct cost);

(h)

Conduct of any planning commission hearings (direct cost), including recording secretarial services and court reporter, if required;

(3)

At the request of an applicant for a special use permit, or for approval of a site plan or PUD, made before any engineering review, the building inspector will obtain a non-binding estimate of the city's consulting engineers' or community planners' fees. During the review and process, the applicant's deposit pursuant to paragraph (1) of this section will be adjusted upward or downward, as warranted, to accurately reflect the actual costs incurred by the city in processing the permit. The city shall give the applicant timely notice of any additions required to maintain a reasonable deposit balance. The city shall also notify an applicant when the processing costs surpass $5,000.00, and shall thereafter notify the applicant when such costs surpass each $500.00 increment greater than $5,000.00. The failure of the city to notify any applicant shall not relieve the applicant of the duty to pay all such costs and shall not prevent the city from assessing and collecting all its recoverable costs.

(4)

No application for special use permit or for approval of a site plan or PUD shall be considered complete until all fees, deposits and costs due pursuant to this section have been paid. Every permit and approval issued pursuant to this Code, whether or not expressly so stated, shall be deemed to be conditioned on payment of fees and deposits as required by this section. The failure to fully pay any such amount when due shall be grounds for refusing to process an application and for denying or revoking any permit or approval sought or issued with respect to the land or development to which the unpaid fee or deposit relates.

(5)

The provisions of this section 90-71 may be waived or modified by the city council with respect to any application filed by any public body or agency, or by any charitable or eleemosynary organization.

(Code 1980, § 5.186; Ord. No. 353, § II, 5-9-05)

The city council may amend, supplement or change the regulations of the district boundaries of this chapter as established in this chapter, subsequently pursuant to the authority and procedure set forth in Act No. 207 of the Public Acts of Michigan of 1921 (MCL 125.581 et seq.), as amended. Any applicant desiring to have any change made in this chapter shall file a petition for such change and shall pay a fee to the city treasurer at the time of filing. The amount of such fee shall be established by the city council from time to time and shall cover the publication and other administrative costs of the requested change.

(Ord. No. 273, § 1(5.187), 12-16-91)

Where in this chapter there is delegated to the city council or the board of zoning appeals the function of establishing certain physical site improvements as a contingency to securing a zoning amendment, special approval or variance, the building inspector shall, to ensure strict compliance with any regulation contained in this chapter or required as a condition of the issuance of a permit, require the permittee to furnish a performance or surety bond, or cash bond at the discretion of the board of zoning appeals, executed by a reputable surety company authorized to do business in the state in an amount determined by the city council or the board of zoning appeals to be reasonably necessary to insure compliance hereunder; provided, however, that in fixing the amount of such performance or surety bond, the city council or the board of zoning appeals shall take into account the size and scope of the proposed improvement project, current prevailing cost of rehabilitating the premises upon default of the operator, estimated expenses to compel operator to comply to court judgment, and such other factors and conditions as might be relevant in determining the sum reasonable in the light of all facts and circumstances surrounding the application.

(Code 1980, § 5.188)

(a)

Purpose. The site plan review process is established for the following purposes:

(1)

A purpose of site plan review is to provide a framework for consultation and cooperation between land owners and developers and the city in order to accomplish the owner's and developer's land use objectives in harmony with surrounding existing and planned land.

(2)

This section establishes procedures to ensure that development proposals are in compliance with this ordinance and other applicable city, county, state and federal regulations.

(b)

Overview of procedures.

(1)

Pre-site plan review provides the landowner or developer and city the opportunity to discuss a proposed development prior to planning commission review to determine the projects feasibility and potential problems.

(2)

Planning commission review is required to determine the compliance of the site plan with the zoning ordinance and other applicable regulations, its adherence with sound site planning and design principles, and conformance with the criteria for approval of site plans outlined in elsewhere in this chapter.

(3)

Variances may be required for site plan approval if the site plan does not conform to specific requirements of the zoning ordinance. The zoning board of appeals hears requests for variances under the provisions of article III.

(4)

Administrative review is conducted by the city manager or his or her designated representative for site plans involving minor modifications.

(c)

General rules.

(1)

In each zoning district, except for single-family residential uses in the single-family residential districts, no building shall be erected, moved, relocated, converted or structurally altered and no change or addition of use, expansion or reduction of off-street parking, exterior modification, or filling, excavation or grading shall be undertaken until a site plan has been submitted for review and approval, as specified in this section. A structural alteration shall be defined as one that changes the location of the exterior walls or the area of the building. Filling, grading or excavation, which causes more than five cubic yards of earth material to be disturbed, shall require site plan approval.

(2)

Planning commission review shall be required for all site plans that involve a request for a variance, a special land-use request, for proposals that involve discretionary decisions, for proposals that involve a nonconforming use, and for proposals which involve a site that is not in compliance with a previously-approved site plan.

(d)

Pre-site plan review. Pre-site plan review is optional for all site plans. The city manager may require pre-site plan review for any project. In making this determination, the city manager may seek the advice of the city planner or others.

(e)

Changes exempt from review and permits. Site plan review and a building permit shall generally not be required for painting, re-shingling, window replacement that does not involve structural or dimensional changes, replacement of existing diseased or dead landscaping, pot hole repair, parking lot re-striping, installation of a dumpster screen in accordance with this section, or other ordinary maintenance activities.

(f)

Criteria for approval of site plans The following criteria shall be used by the planning commission as a basis upon which site plans will be reviewed and approved. The planning commission shall adhere to sound planning and design principles, yet may allow for design flexibility in the administration of the following standards:

(1)

All elements of the site shall be harmoniously and efficiently designed in relation to the topography, size, and type of land, and the character of the adjacent properties and the proposed use. The site will be developed so as not to impede the normal and orderly development or improvement of surrounding properties for uses permitted on such property.

(2)

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 as set forth in the schedule of regulations unless otherwise provided in this section.

(3)

The existing natural landscape shall be preserved in its natural state as much as possible, by minimizing tree and soil removal and by topographic modifications that result in maximum harmony with adjacent properties.

(4)

There shall be 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.

(5)

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

(6)

Where possible and practical, drainage design shall recognize existing natural drainage patterns.

(7)

There shall be a pedestrian circulation system that is insulated as completely as possible from the vehicular circulation system. In order to insure public safety, pedestrian underpasses or overpasses may be required in the vicinity of schools, playgrounds, local shopping facilities, and other uses that generate considerable amounts of pedestrian movement.

(8)

The arrangement of public or 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. Streets and drives that are a part of an existing or planned street system serving adjacent developments shall be of an appropriate width to the volume of traffic they are planned to carry and shall have a dedicated right-of-way equal to that specified in a city recognized source of reference. 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 marginal access road.

(9)

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 storm-water facilities, and the prevention of erosion and dust. Surface water on all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicles 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.

(10)

Off-street parking, loading and unloading areas and outside refuse storage areas, or other storage areas that face or are visible from adjacent homes, or from public thoroughfares, shall be screened by walls or landscaping of effective height. Dumpsters shall have gates.

(11)

Exterior lighting shall be so arranged and limited in intensity and height or adequately shielded, so that it is deflected away from adjoining properties and so that it does not impede vision of drivers along adjacent streets.

(12)

Adequate services and utilities including sanitary sewers, and improvements shall be available or provided, located and constructed with sufficient capacity and durability to properly serve the development.

(13)

Any use permitted in any zoning district must also comply with all applicable federal, state, county and city health and pollution laws and regulations with respect to noise, smoke and particulate matter, vibration, noxious and odorous matter, glare and heat, fire and explosive hazards, gases, electromagnetic radiation and drifting and airborne matter, toxic and hazardous materials, erosion control, flood plains, and requirements of the state fire marshall.

(14)

An objective of site plan review shall be to protect and to promote public health, safety and general welfare by requiring the screening, buffering and landscaping of sites and parking lots which will serve to reduce wind and air turbulence, heat and noise, and the glare of automobile lights; to preserve underground water reservoirs and return precipitation to the ground water strata; to act as a natural drainage system and solve storm water drainage problems; to reduce the level of carbon dioxide and return oxygen to the atmosphere; to prevent soil erosion; to provide shade; to conserve and stabilize property values; to relieve the stark character of parking lots; to conserve energy, provide visual and sound privacy and to otherwise facilitate the preservation and creation of a healthful, convenient, attractive and harmonious community.

(15)

It is an objective of site plan review to improve the quality of existing developments as they are expanded, contracted, redeveloped or changed in keeping with sound site development standards of the city.

(16)

A major objective shall be to retain, enhance and protect the quality, value and privacy of single-family land uses.

(17)

All development phases shall be designed in logical sequence to insure that each phase will independently function in a safe, convenient and efficient manner without being dependent upon improvements of a subsequent development potential of lands.

(18)

All sites shall be designed to comply with state and local barrier-free requirements and to reasonably accommodate the handicapped and elderly.

(19)

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

(20)

All designs shall recognize and follow any design themes adopted by the city.

(g)

Pre-site plan review committee.

(1)

Membership. Membership on the pre-site plan review committee may vary depending on the nature of the proposal being reviewed at a particular committee meeting, but shall generally consist of the members listed below. The city manager shall determine the specific composition for each proposal. Attendance by each member or class of members is not required, and a majority of members need not be present for the Committee to conduct a review of a development proposal.

i.

The city manager or his or her designated representative or successor.

ii.

The city planner and city engineer.

iii.

One to three representatives of the planning commission.

iv.

Other city staff or consultants who the city manager or his designated representative determines are needed to properly evaluate a proposal.

(2)

Meetings. Meetings of the pre-site plan review committee shall be scheduled and held as needed by the city manager or his designated representative. The city manager or his designated representative shall insure that all members of the committee are notified of meetings.

(3)

Responsibilities. The committee may, in an advisory capacity:

i.

Review and comment on site plan proposals;

ii.

Provide guidance to land developers, particularly regarding zoning ordinance and other applicable regulations and planning and development objectives of the city;

iii.

Review other plans or proposals referred to it by the planning commission or city manager or his designated representative; and

iv.

Identify when a site plan or other development proposal is substantially complete.

(4)

Effect of committee's review. The pre-site plan review committee's review shall not substitute for or be construed in any way as a decision or opinion of the planning commission regarding the site plan.

(5)

Placement of site plan on planning commission's agenda. The city manager or his representative shall prepare the agenda for the planning commission's regular meeting. The manager may seek assistance from the planning commission chairperson and the city planner.

(h)

Application for review by pre-site plan review committee.

(1)

An applicant shall submit the following prior to review by the pre-site plan review committee:

i.

A completed application form.

ii.

The fee established by the city council.

iii.

Any required deposit for costs.

iv.

Not less than nine individually folded copies of the site plan and supporting documentation, prepared in sufficient detail to indicate the layout of the proposed development and to enable determination of compliance with the zoning ordinance.

An applicant may submit plans and documentation that are less than complete for the purposes of obtaining guidance during the plan preparation process. The pre-site plan review committee can only comment on the plans that have been submitted, so the committee's comments are subject to revision when completed plans and documentation are submitted.

(2)

The city manager or his representative shall review the plans and supporting documentation to determine if sufficient information has been provided to determine the nature and scope of the proposal and compliance with zoning regulations.

(3)

If the city manager or his representative determines the materials are sufficient, he shall schedule a meeting of the pre-site plan review committee as soon as is convenient.

(i)

Planning commission review. Where a site plan requires review by the planning commission, the applicant shall comply with the following procedures and requirements.

(j)

Application for planning commission review.

(1)

An applicant shall submit the following in order to be entitled to review by the planning commission:

i.

The required number of copies of the detailed site plan and supporting documentation and one digital version in a format acceptable to the city.

ii.

A completed application form (if one has not been submitted previously for pre-site plan review).

iii.

Any required deposit for costs.

iv.

The fee established by the city council.

(2)

The city manager or his representative shall examine the site plan to determine that it contains all the required information as specified in this section.

(3)

If the site plan has been placed on the planning commission agenda as a result of pre-site plan review committee action, then the city manager or his representative shall determine if the plan submitted for planning commission review is substantially similar to the plan reviewed by the committee. If the plan is not substantially similar, or is incomplete, the city manager or his representative shall return it to the applicant with a written explanation of the plan's deficiencies.

(k)

Required information. All plans must conform to the detailed requirements for site plans in the specific zoning district prior to acceptance for planning commission review.

(l)

Distribution of plans for review. The city manager or his representative shall review the site plans and may obtain comments from the departments of public works and public safety, the city engineer and the city planner, and shall forward the site plans along with written comments to the planning commission for review. The planning commission shall review the plans and may solicit further comments from the review authorities. The planning commission has the authority to take action on a site plan at the first meeting that it appears on the planning commission agenda.

(m)

Planning commission action. The planning commission shall review the site plan proposal together with any public hearing findings and any requested reports and recommendations from the city staff, city planner, city engineer and other reviewing agencies. The planning commission shall then approve, approve with conditions, deny, or table the site plan as follows:

(1)

Approval. Upon determination that a site plan is in compliance with the subsection 90-74(f) standards and requirements of this section, including the criteria in subsection 90-74(f), and other applicable ordinances and laws, the planning commission shall approve the plan.

(2)

Approval subject to conditions. Upon determination that a site plan is in compliance except for certain modifications or other conditions, the planning commission may approve the site plan subject to conditions. The modifications or other 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. If a site plan has been approved subject to conditions, the applicant shall be required to re-submit a revised site plan with a revision date, and with all conditions addressed on the plan.

(3)

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

(4)

Tabling. Upon determination that a site plan is not ready for approval or denial, or upon request by the applicant, the planning commission may table consideration of a site plan until a later meeting.

(n)

Record of action. Each action taken with reference to site plan review and approval shall be recorded in minutes of the planning commission. A building permit shall not be issued until five copies of the final site plan which addresses all conditions of approval and includes a revision date and notation of all variances, has been signed by the planning commission chairperson or the city manager or his representative.

(o)

Administrative review for site plans involving minor modifications. If a site plan involves only minor modifications, the plan is subject to administrative review instead of planning commission review. All minor modifications must be completed in accordance with all other applicable regulations and specifications.

(p)

Minor modifications. For the purpose of this section, "minor modifications" means proposed alterations to an existing building or site that will not result in expansion or substantially affect the character or intensity of the use, vehicular or pedestrian traffic circulation, drainage patterns, the demand for public services or the vulnerability to hazards. Examples of minor modifications include:

(1)

Additions to the landscape plan or landscape materials, relocation of plant material because of road right-of-way restrictions or to avoid conflict with utilities, substitution of comparable species instead of the approved species, and installation of street trees consistent with the species and location standards specified by the City of Grosse Pointe.

(2)

Relocation of a trash receptacle or installation of screening around an existing dumpster, provided that the dumpster is in compliance with the required setbacks.

(3)

Alterations to the internal parking layout of an off-street lot or installation of paving and curbing improvements on legally existing lots, provided that:

i.

The total number of spaces shall not be reduced or increased.

ii.

New parking lots shall not be created without complete site plan review.

iii.

Nonconforming lots shall be brought into compliance with current curbing, drainage, landscaping and brick paver installation.

iv.

Paving and drainage projects shall require review by the city engineer.

v.

The paving shall not extend beyond the minimum necessary to comply with parking dimension requirements.

(4)

Construction of sidewalks, whether on private property or within the road right-of-way.

(5)

Installation of street and parking lot lighting, provided that lighting fixtures installed in the road right-of-way shall comply with the design and installation standards specified by the city.

(6)

Minor alterations to an existing building facade to add or change awnings, cornices, windows, doors, color, or similar architectural features.

(7)

Minor building alterations designed to improve accessibility to a building consistent with the state barrier-free design regulations and/or the Americans with Disabilities Act or to otherwise enhance public safety and convenience.

(8)

Installation of concrete curbing and drainage adjacent to public streets.

(9)

Burial of existing above ground utility lines.

(10)

A change from one permitted use to another permitted use that does not substantially affect the character or intensity.

(q)

Classification as a minor modifications plan. The city manager or his designated representative shall determine if the proposed modifications on a site plan are minor in accordance with these guidelines. If the city manager or his designated representative does not deem the modifications minor, then the plan shall be submitted to the planning commission.

(r)

Application requirements and procedures for administrative review. If the proposed modifications are determined to be minor, then a sketch plan and application shall be submitted. The sketch plan must include the following minimum information:

(1)

Name, address and telephone number of the applicant.

(2)

Title block.

(3)

Scale.

(4)

Northpoint.

(5)

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

(6)

The seal of one of the following professionals registered in the State of Michigan: Architect, civil engineer, landscape architect, or professional community planner. The architectural plan of all buildings shall be prepared by and bear the seal of an architect.

(7)

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

(8)

Detailed plans and specifications describing the proposed improvements on the site.

Other information required for site plan review is contained in the site plan application available at city offices. The city manager or his representative may request any additional information deemed necessary to determine compliance with the city ordinances. The manager or representative may waive any application requirement, which he determines is not needed to determine compliance.

(s)

City manager—Review. The city manager or his representative shall review each site plan that has been submitted for administrative review, together with any reports and recommendations submitted by review agencies and professionals. The city manager or his designated representative may request that review agencies or professionals, including the departments of public works and public safety, the city engineer and the city planner review the application or only the proposed alterations, rather than review the entire building or site layout.

(t)

City manager—Action. The city manager or his representative shall make a final determination based on the requirements and standards in this section. The city manager or his representative is authorized to grant approval, approval with revisions, or denial of the site plan, in accordance with the standards set forth herein. The city manager or his representative shall notify the planning commission in writing within 30 days after making a decision.

(u)

Construction pursuant to an approved plan. When an applicant receives site plan approval, the applicant shall develop the site in complete conformity with the approved site plan. Complete construction plans, including a landscape plan prepared by a registered landscape architect, or other qualified professional for all landscaped areas, shall be submitted for review by the city manager or his representative. Upon finding by the city manager or his representative that the construction plans meet the requirements of site plan approval and other applicable ordinances of the city, he shall authorize issuance of a building permit.

(v)

Period of validity, extension of site plan approval. Site plan approval shall be valid for one year from the date of approval. If no building permit is obtained within one year of site plan approval or if no work is commenced within six months after the issuance of a building permit, the site plan approval shall expire and be of no force or effect, unless extended by the planning commission.

(w)

Certificate of occupancy. No certificate of occupancy shall be issued by the building inspector if construction is not substantially consistent with the approved site plan. The building inspector may approve minor variations. If the planning commission originally approved the site plan, the building inspector shall report such minor variations to the planning commission within 30 days after issuance of the certificate of occupancy.

(Ord. No. 354, § I, 5-9-05; Ord. No. 357, § II, 8-15-05; Ord. No. 455, §§ III—X, 3-20-23)

(a)

Purpose. The types of uses requiring special approval shall be deemed to be permitted uses in their respective districts, subject, as to each specific use, to satisfaction of the procedures, requirements and standards set forth in this section. Each specific use for which a permit is sought shall be considered as an individual case and shall conform to the detailed application of the following procedures and standards in a manner appropriate to the particular circumstances of such use. Each use as listed in any district requiring special approval for a permit shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed and will not be detrimental to the orderly development of adjacent districts and uses.

(b)

Public hearings. Upon receiving a substantially complete application for special approval, the building inspector shall schedule a public hearing before the planning commission. Notification of the public hearing shall be published and given as provided by law.

(c)

Procedure of notice. One notice of a public hearing shall be published in a newspaper of general circulation in the city; said notice shall be posted in the city offices, and shall be sent by mail or personal delivery to the owners of the 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. The notice shall be given not less than five and not more than 15 days before the application will be considered. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. The notice shall:

(1)

Describe the nature of the special land use request.

(2)

Indicate the property which is the subject of the special land use request.

(3)

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

(4)

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

(d)

Planning commission hearing, review and approval. Special land use approval shall not be granted until a public hearing has been held by the planning commission, in accordance with the procedures and notice described herein above. The planning commission shall deny, approve, or approve with conditions, requests for special land use approval. The decision on a special land use shall be incorporated in a statement of conclusions relative to the special land use under consideration. The decision shall specify the basis for the decision, and any conditions imposed.

(e)

Site plan review and information required. For all special approval uses, a site plan shall be required and submitted in accordance with section 90-74 of this article. Approval shall run with the land and shall not be issued for specified periods, unless the use is temporary or time-related in nature.

(f)

Performance guarantees. Performance guarantees may be required by the planning commission to insure compliance with special approval conditions.

(g)

Standards. In addition to any specific site plan standards set forth elsewhere in this section which the city shall apply to the use, the following standards shall serve the planning commission as the basis for decisions involving special land uses and other discretionary decisions contained in this section. Each proposed use or activity shall:

(1)

In location, size and intensity of the principal and accessory operations, be compatible with adjacent uses and zoning of land.

(2)

Be consistent with and promote the intent and purpose of this section.

(3)

Be compatible with the natural environment and conserve natural resources and energy.

(4)

Be consistent with existing and future capabilities of municipal services and facilities affected by the proposed use.

(5)

Protect the public health, safety, and welfare as well as the social and economic well being of those who will use the land use or activity, residents, businesses and landowners immediately adjacent, and the city as the whole.

(6)

Promote the use of land in a socially and economically desirable manner.

(7)

Not be in conflict with convenient, safe and normal neighborhood vehicular and pedestrian traffic routes, flows, intersections, and general character and intensity of neighborhood development.

(8)

Be of such a design and impact that the use, its location and height of buildings, the location, nature and height of walls, fences and the nature and extent of landscaping on the site shall not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.

(9)

In the nature, location, size and site layout and function of the use, be a harmonious part of the district in which it is situated taking into account, among other things, prevailing shopping habits, convenience of access by prospective patrons, the physical and economic relationship of one type of use to another and characteristic groupings of uses of said district.

(10)

In the location, size, intensity of the use and site layout, be such that operations will not be objectionable to nearby dwellings or uses, by reason of noise, fumes, glare, flash of lights, or other similar externalities.

(h)

Record. All conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the planning commission and the applicant. The city shall maintain a record of changes granted in conditions.

(Ord. No. 354, § I, 5-9-05; Ord. No. 455, § XI, 3-20-23)

(a)

Purpose. The intent of this section is to provide, through the use of the planned unit development (PUD) concept, an added degree of flexibility in the density, placement, bulk and interrelation of buildings and uses on major redevelopment sites within the city, and the implementation of new design concepts so as to encourage a more efficient, innovative, and compatible use of land through the use of a unified, flexible, planning approach, while at the same time maintaining adequate amounts of light, air, access and required open space and facilitating the economical provisions of public services and utilities. To further this intent, the respective district regulations may be modified by the city, as part of a PUD, after recommendation of the city planning commission and as provided for in this section. The general boundaries of any PUD approved by the city shall be indicated on the zoning map as information for zoning purposes.

(b)

Qualifying conditions. The following provisions shall apply to all planned unit developments:

(1)

The planned unit development site shall be under the control of one owner or group of owners and shall be capable of being planned and developed as one integral unit.

(2)

A PUD may only be approved in conjunction with either an approved overall PUD concept plan or an approved PUD site plan.

(3)

An approved PUD shall function as an overlay district, with the underlying zoning district remaining in effect.

(4)

A PUD may be approved in any district within the area bounded by Waterloo Avenue, Cadieux Road, St. Paul Avenue and the rear property line of the homes on the westerly side of Neff Road.

(5)

The uses contained in a PUD with multiple uses must be complementary in nature.

(6)

A PUD shall achieve a higher quality development than is otherwise possible with the regulations for the underlying zoning district.

(7)

A PUD shall result in a recognizable and substantial benefit to ultimate users of the project and to the community. The benefit to the community must be proportionate to any modifications of the development standards being requested. Such benefits may include, but are not limited to, the following:

a.

Provide a complementary variety of housing types and/or a complementary mixed-use plan of residential and commercial uses that is harmonious with adjacent development.

b.

Provide a civic facility or other public improvement.

c.

Alleviate traffic congestion.

d.

Provide for the appropriate redevelopment or re-use of sites.

e.

A PUD shall further certain other public objectives as identified in the city master plan.

(c)

PUD review process. The following procedure shall be followed when applying for planned unit development (PUD) approval:

(1)

Pre-application conference. Before submitting an application for approval of a PUD, the applicant shall confer in a pre-application conference with the city manager or his/her designee, building inspector, and the city planner to obtain information and guidance regarding land development regulations, the city's master plan and the application process. At the pre-application conference the applicant shall submit a concept plan for the proposed PUD, containing both maps and a written statement. The plan should include enough of the surrounding area to demonstrate the relationship of the PUD to adjoining uses, both existing and proposed. The maps, which are a part of the preliminary sketch plan, may be in general schematic form but must contain enough information to obtain feedback from city officials and consultants regarding the suitability of utilizing a PUD approach to the development of the subject property.

(2)

Planning commission review of PUD. Upon completion of the pre-application conference stage, a PUD application meeting the submission requirements of section 90-76 and incorporating the preliminary site plan shall be submitted to the planning commission for its review.

(3)

Planning commission hearing. A public hearing on the PUD shall be held by the planning commission, pursuant to the notification requirements outlined in section 90-77 herein.

(4)

Planning commission decision. Following the public hearing, the planning commission shall make a decision on the PUD application. Based upon the qualifying conditions, and, to the extent they are applicable to review of the PUD application, the standards in project design standards, the planning commission may deny, approve, or approve with conditions the proposed PUD. The commission shall prepare a report stating its conclusions on the request for a PUD, the basis for its decision, the decision, and any conditions relating to an affirmative decision.

(5)

PUD site plan review. A complete site plan shall be submitted for review pursuant to section 90-302, site plan review, for each phase(s) of an approved PUD plan.

(d)

PUD application submittal requirements.

(1)

PUD application. The PUD application shall include all the following information, unless the city determines that some of the required information is not reasonably necessary for the consideration of the planned unit development:

a.

Application form and required fee.

b.

A narrative indicating the period of time within which it is contemplated the project will be completed.

c.

A concept plan showing a layout of the uses and structures in the PUD and their locations.

d.

Written verification of access easements or agreements, if applicable.

e.

A note on each plan sheet stating, "Not to be used as construction drawings."

f.

Information pursuant to subsection 90-76(b), and any additional graphics or written materials reasonably requested by the planning commission to assist in determining the impacts of the proposed site plan, including, but not limited to, economic or market studies; impact on public primary and secondary schools and utilities; traffic impacts; impact on significant natural, historical, and architectural features and drainage; impact on the general area and adjacent property; and estimated construction cost.

g.

Additional information that may be reasonably necessary for a full and complete consideration of the proposed PUD and its impact on the immediately surrounding area and the city as a whole.

h.

Draft PUD agreement between the city and the applicant, which shall include, among other items, a provision as to such revisions to the site plan that may be approved administratively by the planning commission, any specific terms and conditions relating to an approved PUD including specific terms relating to the administration of the project.

i.

The application for PUD review shall include a community impact statement. The statement shall be derived from a study of the city based on information from the following community elements:

i.

Planning/zoning issues, including conformance with the master plan, zoning ordinance, and other applicable city codes and policies;

ii.

Land development issues, including topographic, soil conditions, and site safety concerns;

iii.

Private utilities consumption, including electrical needs and natural gas utilization;

iv.

Noise level conditions;

v.

Air quality conditions;

vi.

Environmental design and historic values including visual quality and historic resources;

vii.

Community facilities and services, including refuse collection, sanitary and storm sewer, and water supply;

viii.

Public safety needs, including police, fire and emergency medical services;

ix.

Open space landscaping and recreation, including cultural elements;

x.

Traffic impact study.

(e)

Site plan review. For the total PUD or for each portion of the PUD, if staging of development is planned, a site plan review is required in accordance with section 90-302 prior to the issuance of building permits. The site plan submittal shall include the following:

(1)

Building footprints, setbacks, floor plans and elevations showing height and materials for all proposed structures; typical layout for condominium projects.

(2)

Proposed locations of utility services (with sizes), noting which will remain and which are to be removed, including storm drainage, sanitary/storm sewer, fire hydrants, and any public or private easements.

(3)

General description and location of storm water management system including pre- and post-site development run-off calculations used for determination of storm water management.

(4)

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

(5)

A site grading plan with existing and proposed topography at a minimum of two-foot contour intervals and with topography extending a minimum of 50 feet beyond the site in all directions and further where required to indicate storm water run-off into an approved drain or detention/retention pond.

(6)

Locations of significant natural, historical, and architectural features, including landmark trees, that will be designated "to remain," and/or location and acreage of areas "not to be disturbed;" noting protection method such as a fence, barrier or police line installed prior to site preparation.

(7)

Location and method of screening for all refuse storage stations/receptacles.

(8)

Location and dimensions of parking spaces, loading/unloading areas and calculations to meet the parking requirements of this ordinance.

(9)

Details of exterior lighting including locations, height, and method of shielding.

(10)

Locations of all signs including:

a.

Location, type, height and method of lighting for identification signs;

b.

Location and type of any directional or regulatory/traffic control signs, with details for any sign not conforming to the Michigan Manual of Uniform Traffic Control Devices.

(11)

Details of site circulation and access design, including:

a.

Indication of street pavement widths and pavement type;

b.

Street horizontal and vertical dimensions, including curve radii;

c.

Dimensions of access points, including deceleration or passing lanes, distance from adjacent driveways or intersection streets, including those across a street;

d.

Identification of width and material to be used for pedestrian paths.

(12)

A note on each plan sheet stating, "Not to be used as construction drawings."

(f)

Regulatory flexibility. The planning commission, either during the PUD review stage, or after site plan review, may increase, decrease, waive, or otherwise modify the current standards within the zoning ordinance including, but not limited to; use, density, intensity, setbacks, building heights, parking, design standards, project design standards in subsection 90-76(g), project design standards, and landscape standards provided the modification is found to improve the quality of development above and beyond what could be developed under the underlying zoning, or results in a higher level of public benefit, and to achieve the purpose of this section.

(g)

Project design standards. The following standards are intended as guidelines and may be modified by the city under the provisions of subsection 90-76(f), regulatory flexibility.

(1)

The planning commission shall use any applicable standards for approval contained in city ordinances related to land use and any adopted development guidelines, as well as the standards contained in Public Act 110 of 2006, (MCL 125.3101 et seq.) as amended, which are not inconsistent with the approved PUD agreement, in reviewing and approving site plan.

(2)

Density. The planning commission, considering the requirements of the affected districts, shall determine appropriate density, lot sizes and developmental provisions. The city may permit proportionate increases in density or intensity for projects that demonstrate a higher level of public benefit to the city.

(3)

Open spaces and recreation areas. At least 20 percent of the total PUD acreage shall be in open space and recreation area, including plazas. This provision may be modified by the planning commission provided the overall project will further a certain public objective such as, public improvements, public gathering places, or other items included in subsection 90-76(b) or in the city master plan, which could not be otherwise achieved under conventional zoning, or if provided for in the PUD agreement.

(4)

The uses proposed will have a beneficial effect, in terms of public health, safety, welfare, or convenience, on present and future potential surrounding land uses. The uses proposed will not adversely affect the public utility and circulation system, surrounding properties, or the environment. The public benefit shall be one that could not be achieved under the regulations of the underlying district alone, or that of any other single zoning district.

(5)

The number and dimensions of off-street parking spaces shall be sufficient to meet the minimum required by the zoning ordinance. However, if the parking needs of the development can be met by a modification of such requirements, or where warranted by overlapping or shared parking arrangements, or where parking spaces can simultaneously accommodate more than one use; the planning commission may adjust the required number of parking spaces. The planning commission may also allow portions of required parking spaces to be banked as open space until determined either by the owner or the city that such spaces should be improved.

(6)

All streets and parking areas within the planned unit development shall meet the minimum construction and other requirements of city ordinances, unless modified by the planning commission.

(7)

Existing landscaping shall be preserved and/or improved or additional landscaping be provided to ensure that proposed uses will be adequately buffered, where buffering is appropriate, from one another and from surrounding public and private property. The quality and/or quantity of landscaping materials shall exceed the minimums otherwise required by the zoning ordinance.

(8)

Public water and sewer facilities shall be available or shall be provided for by the developer as part of the site development.

(9)

Safe, convenient, uncongested, and well-defined vehicular and pedestrian circulation within and into the site shall be provided.

(10)

Drives, streets and other elements within the property shall be designed to promote safe and efficient traffic operations within the site and at its access points.

(11)

The uses proposed shall be consistent with the city's master plan or the approved PUD concept plan.

(h)

Effect of planning commission approval.

(1)

When approved, the PUD with all conditions imposed, if any, shall constitute the land use authorization for the property, and all improvement and use shall be in conformity with such authorization. Notice of adoption of the final PUD plan and conditions shall be recorded by the applicant at the Wayne County Register of Deeds.

(2)

The planning commission may cause to have legal documents, covenants or contracts prepared which are not inconsistent with the PUD agreement, and may require the execution thereof by the applicant, which documents involve the city and are required as a result of the conditions contained in the PUD agreement or the site plan approvals in a PUD area.

(3)

The building inspector shall review all building permits for an approved PUD project for compliance with the terms of the approved PUD agreement, and any other applicable codes and ordinances.

(4)

The building inspector or their designee shall inspect the development at each stage to ensure reasonable compliance with the conditions of the approved PUD or approved site plans, as applicable.

(i)

Revocation or changes. The planning commission, upon a breach of the PUD agreement may revoke a PUD or any portion thereof. Revocation of any portion of a PUD reverts that portion of the PUD to the status and requirements of the original zoned district, without benefit of the PUD provisions. Proposed changes in a PUD, other than those considered a part of site plan review for all or a portion of the PUD, must be processed in the same manner as the original PUD procedure.

(j)

(1)

The zoning board of appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with enforcement of this section.

(2)

Any violation or deviation from an approved site plan or written conditions, except as authorized in this ordinance, shall be considered a violation of section 90-76 and treated as a violation of this ordinance. Furthermore, any such deviation may be grounds to invalidate the PUD designation.

(3)

The cost of enforcing or remediating violations of the approved PUD site plan or agreement shall be borne by the developer or its successor in ownership.

(Ord. No. 347, § I, 5-17-04; Ord. No. 357, § II, 8-15-05; Ord. No. 359, § I, 3-20-06; Ord. No. 370, §§ III, IV, 10-16-06)

Where public notice is required by the zoning code before a public hearing or discretionary decision, a notice shall be provided as follows:

(1)

Notice shall be published in a newspaper of general circulation in the City of Grosse Pointe not less than 15 days prior to the public hearing scheduled.

(2)

Notice shall also be sent by mail or personal delivery to the owners of all property for which approval is being considered, to the owners of all real property within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet of the boundary of the property in question. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four such units or spatial areas, 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. This notice shall be sent not less than 15 days prior to the date of the public hearing scheduled.

(3)

The notice shall contain:

a.

A description of the nature of the request to be heard.

b.

A description of the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. If there are no street addresses, other means of identification may be used.

c.

A statement of when and where the request will be considered.

d.

An indication of when and where written comments will be received concerning the request.

If the nature of the proposed amendment is to rezone an individual property or several adjacent properties, then notice shall be provided as described as above, with the exception that, if 11 or more adjacent properties are proposed for rezoning, then notice is not required for the owners of those properties or the owners or occupants of property within 300 feet, nor is it necessary for the notice to list the addresses of the individual properties.

(Ord. No. 370, § V, 10-16-06)