The purposes of site plan review are to determine compliance with the provisions of this Zoning Code; to promote the orderly development of the City; to prevent the depreciation of land value through uses or structures which do not give proper attention to siting or area protection; and to provide consultation and cooperation between the applicant and the City Planning Commission and City Council in order that applicants may accomplish their objectives in the utilization of their land within the regulations of this Zoning Code and achieve the purposes of the City Master Plan.

(Ord. 178. Passed 3-26-96; Ord. 182. Passed 5-12-98.)

   A site plan shall be submitted for review and approval prior to the issuance of a building permit as follows:

   (a)   Planning Commission Level. The Planning Commission shall review the following site plans:

      (1)   Any new principal commercial, office, industrial, business or institutional use or a residential use having more than two dwellings.

      (2)   Special land uses and planned unit developments.

      (3)   Existing commercial, industrial, business or institutional uses and buildings or residential uses having more than two dwellings proposed to be increased in size fifty percent or more of the existing building or use. The existing size shall be determined by the gross square footage of an existing building, or if the principal use is primarily out of doors, then the land area occupied by the use shall be used to determine the existing size.

      (4)   Any use in the M-I District.

   (b)   Staff Level. The Zoning Administrator shall review the following site plans or may refer such plans to the Planning Commission.

      (1)   Expansion of an existing use or building which comprises less than fifty percent of a building or less than fifty percent of the land area occupied by a use which is principally outdoors.

      (2)   Construction of a building or structure which is accessory to the principal building.

      (3)   A change in the use of a property which results in the need for more parking spaces.

      (4)   New or expanded single or two-family dwelling units.

(Ord. 182. Passed 5-12-98; Ord. 06-02. Passed 11-28-06.)

   The Planning Commission or Zoning Administrator shall have the power to approve, deny, modify, or approve with conditions all site plans submitted under this Zoning Code. A building permit shall not be issued until a site plan has been approved as required herein.

(Ord. 182. Passed 5-12-98.)

   An application for site plan review shall be submitted to the Zoning Administrator in accordance with the schedule established by the Planning Commission along with a fee as set by the City Council. The application should at a minimum contain the following information: the applicant's name, address, and phone number; certification that the applicant is the owner of the property or has legal or financial interest in the property; signature, name, address and phone number of the owner of record if different from the applicant; the address of the property; legal description of property; current zoning; project description; size of the parcel; signatures of the applicant and owner of the property.

(Ord. 182. Passed 5-12-98.)

   (a)   For site plans requiring submittal to the Planning Commission, twelve copies of such shall be submitted by the applicant along with the application. Site plans should be drawn at a scale of one inch equals 100 feet and contain the following information, unless waived by the Planning Commission or Zoning Administrator: date site plan was prepared; if the plan was done by a professional architect, engineer or surveyor then the name, address, and professional seal of the preparer must be affixed; north arrow; property lines, dimensions, building and structure setbacks; topographic elevations as requested at two foot intervals on the site and to a distance of fifty feet outside the boundary lines; direction of storm water drainage and how storm water runoff will be managed; location, size, and intended use of existing and proposed buildings and structures; location of abutting streets, rights-of-way, service drives, curb cuts, and access easements serving the site as well as driveway width, curb radii and design of any proposed deceleration lanes; location and size of all known water, sanitary, and storm water sewer lines including fire hydrants and catch basins; location of any septic tanks and drain fields; location of any utility easements; location of any known sidewalks, bike paths, and other walkways; location, type and size of any walls, fences or other screening materials; location, type, and size of all proposed landscape materials; roof top and outdoor equipment should be indicated; parking areas, access drives, number and size of spaces and aisles, loading areas, and handicapped access requirements; exterior lighting showing area of illumination, type of fixture, and method of shielding from adjacent properties and roadways; location and type of known significant existing vegetation, water courses, and water bodies including county drains and manmade surface drainage ways, flood plains, and wetlands; location and specifications of existing or proposed chemical, salt, flammable material, or hazardous material storage facilities and containment structures; architectural elevation drawings of a building and cross-section drawings of a site.

   (b)   The Planning Commission may require written statements relative to the effects on the existing traffic capacity of streets and the proposed development's impact on schools, existing utilities, and environment features. The Planning Commission may request additional studies, graphics, or other material from the applicant in order to assist in determining the appropriateness of the site plan.

(Ord. 182. Passed 5-12-98.)

   (a)   The Planning Commission or Zoning Administrator shall review the site plan according to the general standards for site plan review as contained in this chapter and any other applicable regulations of this Zoning Code. Based on these standards and regulations, the Planning Commission or Zoning Administrator shall approve, deny, or approve with conditions the site plan. If approved with conditions, the applicant shall revise the site plan as necessary and submit the revised site plan to the Zoning Administrator to insure that all revisions as required by the Planning Commission have been made.

   (b)   Upon final approval of the site plan, three copies of this plan shall be stamped as approved, dated, and signed by the Zoning Administrator. One copy of the approved plan shall be retained by the applicant, one shall be retained by the Building Inspector, and one copy shall be kept by the City Clerk.

   (c)   The Building Inspector shall issue a building permit upon receipt of an approved final site plan providing all other applicable City regulations have been met including compliance with the City Building Code.

(Ord. 182. Passed 5-12-98.)

   Prior to approving a site plan, the Planning Commission or Zoning Administrator shall require that the following standards be satisfied. If these standards and the other requirements noted in the City ordinances are met, the site plan shall be approved.

   (a)   Landscaping and buffer strips shall be provided and designed in accordance with the City's landscape provisions.

   (b)   All elements of the site plan shall be designed to take into account the topography, size and type of lot, character of adjoining property, and 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 in this Zoning Code.

   (c)   The landscape shall be preserved in its natural state, insofar as practical. A development shall respect the natural resources of the City as recommended in the Hart Master Plan.

   (d)   Areas of natural drainage shall be protected and preserved insofar as practical in their natural state to provide areas for natural habitat, preserve drainage patterns, and maintain the natural characteristics of the land.

   (e)   Provide reasonable visual and sound privacy for all dwelling units. Fences, walks, barriers, and landscaping shall be used, as appropriate, to accomplish these purposes.

   (f)   All buildings shall be arranged so as to permit necessary emergency vehicle access.

   (g)   A pedestrian circulation system, separated from the vehicular circulation system, may be required. To ensure public safety, special pedestrian measures may be required in the vicinity of schools, playgrounds, shopping areas, and other uses which generate a considerable amount of pedestrian traffic.

   (h)   The arrangement of public or common ways for vehicular and pedestrian circulation shall be connected to existing or planned streets and pedestrian pathways in the area. Streets and drives which are part of existing or planned street patterns serving adjacent development shall be of a width appropriate to the traffic volume they will carry.

   (i)   All streets and driveways shall be developed in accordance with Chapter 1222 or Michigan Department of Transportation specifications, unless developed as a private road in accordance with the requirements for private roads in the City.

   (j)   Appropriate measures shall be taken to ensure that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Provisions shall be made to accommodate storm water, prevent erosion particularly during construction, and the formation of dust. The use of retention ponds may be required. Surface water on all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic or create puddles on paved areas. Catch basins may be required to contain filters or traps to prevent contaminants from being discharged to the natural drainage system.

   (k)   Exterior lighting shall be arranged so that illumination is deflected away from adjacent properties and so that it does not interfere with the vision of the motorist along adjacent streets.

   (l)   All loading, unloading areas, and outside storage areas including dumpsters which face or are visible from residential districts or public thoroughfares shall be vertically screened by a structure or plant material no less than six feet in height. The finished side of any wall, fence, or other screen shall face adjacent properties.

   (m)   Site plans shall conform to all applicable requirements of county, state, and federal statutes and approval may be conditional upon the applicant receiving necessary county, state, and federal permits before final site plan approval or an occupancy permit is granted.

(Ord. 182. Passed 5-12-98.)

   (a)   The Planning Commission or Zoning Administrator, as applicable, may impose additional conditions or limitations as may be necessary for protection of the public interest.

   (b)   Conditions shall be related to and ensure that the review standards of Section 1258.07 are met.

   (c)   A record of the decision of the Planning Commission, the reason for the decision reached, and any conditions attached to such decision shall be kept and made a part of the minutes of the Planning Commission.

(Ord. 182. Passed 5-12-98.)

   (a)   Approval of a site plan is valid for a period of one year unless extended as allowed. The one year period shall commence on the date when the site plan is signed by the Zoning Administrator. 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, the approval of the site plan shall be null and void.

   (b)   Upon written application, filed prior to the termination of the one year period, the Planning Commission or Zoning Administrator may authorize a single extension of the time limit for approval of a site plan for a period of not more than one year. Such extension shall only be granted based upon evidence from the applicant that there is a likelihood of construction commencing within the one year extension.

(Ord. 182. Passed 5-12-98.)

   The Planning Commission may require reasonable performance guarantees to be used to assure the completion of required improvements. Such performance guarantees may include a performance bond, a letter of credit, or other written guarantees or assurances deemed satisfactorily in the circumstances and authorized by law. The amount of the performance guarantee shall be determined by the Planning Commission. Such arrangements shall have such sureties or guarantors as are satisfactory to the Planning Commission and shall be conditioned upon faithful compliance with all of the provisions and requirements of the approved site plan and construction and placement of all of the improvements. In its discretion, the Planning Commission may reduce a proportionate share of the amount specified in a performance bond, a letter of credit, or other written assurance based upon the percent or other portion of improvements completed, as verified by the Planning Commission. The Planning Commission may rebate or refund a proportionate share of an escrow cash bond.

(Ord. 182. Passed 5-12-98.)

   (a)   A person granted site plan approval shall notify the Zoning Administrator of any proposed amendment to the approved site plan.

   (b)   A minor change, one that does not substantially change the basic design or alter conditions required by the Planning Commission may be approved by the Zoning Administrator. Determination of a minor change shall rest solely within the discretion of the Administrator.

   (c)   A major change, one that does substantially change the basic design or alter conditions required by the Planning Commission may be approved by the Planning Commission. Determination of a major change shall rest solely within the discretion of the Zoning Administrator.

(Ord. 182. Passed 5-12-98.)

   The Planning Commission shall review site plans according to the following standards relating to vehicle access and circulation. The purpose of specific access standards is to increase traffic safety, lessen congestion, provide adequate access, promote community character, and ensure orderly development.

   (a)   The Planning Commission shall have the authority to require a frontage road or service drive for contiguous parcels along Polk Road, Oceana Drive, State Street or on other streets as deemed necessary. The Planning Commission shall also have the authority to limit the number of driveways for a site, to require that parking lots on contiguous parcels be connected, that driveways for contiguous parcels be shared, and that opposite driveways be directly aligned. In determining whether the above or other access control measures are necessary, the following criteria shall be considered:

      (1)   The type and location of commercial uses on the site and adjacent to the site.

      (2)   The location, size and design of existing and proposed parking areas.

      (3)   The existing and projected traffic volume on the roadway and adjacent roadways.

      (4)   Compatibility between adjacent land uses and likelihood of change or expansion.

      (5)   Number of parcels involved, location of lot lines and amount or road frontage.

      (6)   Topography and site distance along adjacent roadways and on the site.

      (7)   Distance from intersections.

      (8)   Location of driveways opposite the site.

      (9)   Width of roadway and number of lanes.

      (10)   Environmental limitations (steep slopes, water, or vegetation).

      (11)   Sufficient building setback.

   (b)   For uses along Polk Road, Oceana Drive, State Street, and other streets as deemed necessary, the following regulations shall apply:

      (1)   A maximum of one driveway shall be provided to an individual parcel or to a contiguous parcel under the same ownership when the property in question has no other reasonable access to another abutting street or access road. Additional driveways may also be permitted in accordance with the driveway spacing standards herein. A one-way in, one-way out driveway system may be permitted if it is demonstrated that traffic circulation on site and off site will not create hazardous situations.

      (2)   Temporary direct access to Polk Road, Oceana Drive, State Street and other streets as deemed necessary may be granted in instances where access roads or adjoining parcels are not yet developed. A temporary driveway permit shall specify the future means of access, location if known, and date the change will be made. This temporary access agreement shall be recorded with the County Register of Deeds.

   (c)   Driveways Permitted. Driveways for a parcel shall be permitted based on the amount of road frontage for that parcel as follows, except that the Planning Commission may modify this in the interest of public safety based on the criteria in subsection (a) hereof.

 

 

   (d)   Driveway spacing from intersections shall be determined during site plan review in conjunction with the Michigan Department of Transportation for driveways along Polk Road and Oceana Drive.

   (e)   Waivers and Modifications. The Planning Commission shall have the authority to waive or modify the requirements of this section when strict adherence to them would result in unreasonable access to the site. In waiving or modifying these requirements, the criteria of subsection (a) hereof shall be used.

(Ord. 182. Passed 5-12-98.)