Holly City Zoning Code

SITE PLAN

REVIEW AND APPROVAL

§ 157.190 INTENT.

(A) The purpose of site plan review is to ensure that each proposed development and its components, appearance, and function are in compliance with this chapter, other village; ordinances, and state and federal laws. These purposes apply to development of previously improved sites; to the redevelopment, expansion, contraction, or alteration of existing sites; and to the alteration or replacement of existing uses.

(B) Further purposes of site plan approval shall include: privacy; efficiency for the public and local government servicing; preservation of the natural landscape; emergency access; effective drainage; vehicular and pedestrian safety and conveniences; prevention of air, water, and noise pollution; provision of screening and shade; and limitation of obnoxious odors, glare, and exposure to dangerous or toxic substances and wastes. The site plan review procedures and standards in this section are intended to provide a consistent and uniform method of review of proposed development plans.

(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)

§ 157.191 SITE PLAN AND APPROVAL BY PLANNING COMMISSION AND/OR ZONING COMMISSION REQUIRED.

Submittal of a site plan and approval by the Planning Commission and/or Zoning Commission, as required, shall be required for any of the following.

(A) Any development or use for which submission of a site plan is required by provisions of this chapter;

(B) Except as otherwise provided in § 157.192, any proposal to construct, move, relocate, convert, or structurally alter a nonresidential building, or an addition to a nonresidential building, including nonresidential accessory buildings, that affects a gross building area greater than 500 square feet. A structural alteration shall be defined as one that changes the location of the exterior walls and/or increases the area of the building;

(D) Any condominium development;

(E) Any proposal to fill, excavate, or grade land which causes more than a cumulative 100 cubic yards of earth to be disturbed within a six-month period; and

(F) Any proposal to create, expand, or alter a use or structure which involves using, storing, or generating hazardous substances.

(Ord. 259, passed 10-24-1995; Ord. 280, passed 8-26-1997; Ord. 338, passed 4-15-2001; Ord. passed 2-1-2012)

§ 157.192 SITE PLAN NOT REQUIRED.

Submission of a site plan shall not be required for:

(A) Any proposal to reconstruct, move, relocate, convert, or structurally alter a single-family or two-family detached house in a residential district; or

(B) Any proposal to construct a portion of a nonresidential building, including nonresidential accessory buildings damaged by casualty where such reconstruction will not expand, add to, or otherwise modify the building as it existed prior to the casualty loss. All construction shall conform to § 157.198.

(Ord. 259, passed 10-24-1995; Ord. 280, passed 8-26-1997; Ord. 338, passed 4-15-2001; Ord. passed 2-1-2012)

§ 157.193 APPLICATION INFORMATION.

(A) Application for a zoning compliance permit requiring site plan review and approval shall be made to the village on such forms and in such number as required by the village by administrative directive. No application shall be accepted without the appropriate fee as established by Council.

(B) Those site plans requiring a public hearing prior to review and any subsequent action shall be submitted to the Zoning Official no later than 20 days prior to the regularly scheduled meeting of the Planning Commission and/or Zoning Commission, as required, at which the plan will be first considered. All other site plans shall be submitted to the Zoning Official no later than 15 days before the regularly scheduled meeting of the Planning Commission and/or Zoning Commission, as required, at which it will be first considered.

(C) (1) The Zoning Official shall examine the application to determine that it contains all the necessary information. If found substantially incomplete, the Zoning Official shall return the application and all supporting material to the applicant along with 80% of the fee submitted with the application. Otherwise, the application and supporting documentation will be forwarded for review by the Village Planner.

(2) Each application shall be supported by the following information:

(a) The applicant’s name, address, and telephone number;

(b) The address and legal description of the site;

(d) The name and address of the owner(s) of record if the applicant is not the owner of record (or firm or corporation having a legal or equitable interest in the land), and the signature of the owner(s);

(e) Project title;

(f) Project description, including the total number of structures, units, bedrooms, offices, square feet, total and usable floor area, parking spaces, carports or garages, employees by shift, amount of recreation and open space, and other pertinent information;

(g) The gross and net acreage of all lots or parcels in the project;

(h) Existing zoning classification, land uses, and structures on the subject lot and all lots within 100 feet;

(i) Name and address of developer (if different from the applicant), engineer, architect, and/or land surveyor;

(j) Project completion schedule/development phases; and

(k) Written statements relative to project impacts on existing infrastructure (including traffic capacity of streets, schools, and existing-utilities) and on the natural environment of the site and adjoining lands.

(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)

§ 157.194 SITE PLAN INFORMATION.

(A) Each submittal for site plan review shall be accompanied by a detailed site plan which shall consist of an accurate drawing, showing the entire site and all land within 100 feet of the site. The scale of the site plan shall be not less than one inch equals 50 feet if the subject property is less than three acres, and one inch equals 100 feet if three acres or more. If multiple sheets are used, each shall be labeled and the preparer identified. If there is an accurate site plan for the lot filed with the village within the previous 180 days, the Zoning Official may waive the requirement for a site plan.

(B) The following information shall be shown on the detailed site plan:

(1) Name of development and general location sketch;

(2) Name, address, and phone number of owner(s), developer, and designer;

(3) North arrow, scale, and date of original drawing and each revision;

(4) The seal of one of the following professionals registered in the state: registered architect; registered civil engineer; registered landscape architect; registered land surveyor; or registered professional community planner on the site plan;

(5) A legal description and address of the property in question;

(6) The area of the site in square feet and acres, excluding all existing and proposed public rights-of-way;

(7) The dimensions of all lots and subject properties, showing the relationship of the subject property to abutting properties, including lots across rights-of-way and easements. The boundaries of the subject property shall be clearly indicated on the site plan, differentiated from other contiguous property. If the parcel is a part of a larger parcel, boundaries of total land holding shall be indicated;

(8) Existing topographic elevations at two-foot intervals, including ground elevations of all existing buildings, drives and/or parking lots, and any adjacent unusual surface conditions. Indicate direction of drainage flow;

(9) The location and elevations of existing watercourses and water bodies, including county drains and human-made surface drainage ways, floodplains, and wetlands;

(10) Location and type of significant existing vegetation, including location of all existing trees over eight inches in diameter, stands rather than individual trees may be indicated;

(11) Any significant site amenities and unique features;

(12) Existing land uses and zoning classification of the subject parcels and adjacent parcels;

(13) All required minimum setbacks from the existing or proposed right-of-way and from adjacent lots;

(14) The location and dimensions (length, width, height) of all existing and proposed structures on the subject property and all existing structures within 100 feet of the subject property;

(15) The location and width of all existing public roads, rights-of-way, or private easements of record, abutting streets, alleys, and driveway locations to abutting streets;

(16) With residential proposals, a site summary indicating the number and location of one bedroom units, two-bedroom units, and the like; typical floor plans with the square feet on floor areas; density computation, recreation facilities, open spaces, street names, and lot coverage;

(17) With nonresidential proposals, the number of offices, number of employees, the number of floors, and typical floor plans and cross sections;

(18) Proposed parking lots including layout and typical dimensions of parking spaces, number of spaces provided (including how computed per ordinance requirements), and type of surfacing;

(19) Location of and dimensions of proposed streets, drives, curb cuts, and access easements, as well as acceleration, deceleration, and passing lanes (if any) serving the development;

(20) Proposed traffic and pedestrian circulation patterns, both within the site and on public streets adjacent to the site and the proposed location and dimensions of any required pedestrian sidewalks. Designate loading and unloading areas, barrier free access, any fire lanes, and carports;

(21) All proposed screening and freestanding architectural walls, including typical cross-sections and the height above ground on both sides;

(22) The dimensions and location of all signs, both wall signs and free-standing signs and of lighting structures and shielding;

(23) Location, size, and specifications for screening of all trash receptacles and other solid waste disposal facilities, if required by the standards of this chapter;

(24) Location and specifications for any existing or proposed outdoor or below ground storage facilities as well as any screening or containment structures or clear zones required by government authorities;

(25) Notation of any variances which have been or must be secured;

(26) Notation of performance guarantees to be provided including amounts, types, and terms;

(27) Statement that applicant will comply with state, local, and federal laws, as applicable to the site or intended use;

(28) Information and special data which may be critical to the adequate review of the proposed use and its impacts-on the site or village. Such data requirements may include traffic studies, market analysis, environmental assessments (including inventory and impact data on flora, fauna, natural resources, hazardous materials, erosion control, and pollution), demands on public facilities and services, impact on historical or cultural resources, displacement of people or other uses as a result of the proposed development, alterations of the character of the surrounding area, effect on the village’s tax base, and adjacent property values;

(29) Other data which the village may reasonably deem necessary for adequate review;

(30) The site plan shall indicate size, location, and description of any proposed interior or exterior areas or structures for storing, using, loading, or unloading of hazardous substances. A listing of types and quantities of hazardous substances which will be used or stored on-site in quantities of hazardous substances which will be used or stored on-site in quantities greater than 100 kilograms or 25 gallons per month;

(31) Delineation of areas on the site which are known or suspected to be contaminated, together with a report on the status of the cleanup;

(32) For developments that are of a scale to warrant phased development, the phasing of construction shall be indicated;

(33) Proposed finish grade of buildings, driveways, walkways, and parking lots;

(34) Proposed type of building materials, roof design, projections, canopies, and overhangs, roof-located mechanical equipment, such as: air conditioning, heating units, and transformers that will be visible from the exterior. The architectural plans of the buildings shall be prepared by and bear the seal of a registered architect. A site plan for an alteration or addition to existing structures may be prepared by licensed builder or contractor;

(35) Proposed water service including any proposed tap-ins, main extensions or extensions for adequate fire hydrant spacing, and/or considerations for extensions to loop other public water mains.

(36) Proposed sanitary sewer facilities and location of all existing utilities, easements, vacations, and the general placement of lines, manholes, tap-ins, pump stations, and lift stations;

(37) Proposed stormwater management plan, including design of sewers, outlets (enclosed or open ditches), and retention or detention ponds. Sufficient data regarding site run-off estimates and off-site drainage patterns shall be provided to permit review of feasibility and permanency of drainage detention and/or retention as well as the impact on local surface and groundwater. The plan shall indicate location and status of any floor drains in structures on the site. The point of discharge for all drams and pipes should be specified on the site plan;

(38) Locations of existing and proposed fire hydrants with reasonable access thereto for firefighting, police and other emergency equipment;

(39) Location of all other utilities on the site, including, but not limited to, natural gas, electric, cable television, and telephone;

(40) Soil erosion and sedimentation control measures;

(41) Detailed landscaping plan, indicating location, quantity, types, and sizes of material. A landscaping maintenance plan and schedule for pruning, mowing, watering, fertilizing, irrigating, and replacement of dead and diseased materials shall be provided. Also, cross-sections of any berms shall be provided; and

(42) Easements for proposed public rights-of-way, utilities, access, shared access, and drainage; and

(43) The information listed in divisions (B)(34) through this division (B)(43) may be required by the Zoning Official to be submitted with the site plan prior to Planning Commission and/or Zoning Commission, as required, review, or submitted prior to final site plan approval and/or required as a condition of final site plan approval.

(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)

§ 157.195 PRE-APPLICATION CONFERENCE.

(A) A pre-application conference may take place to review a generalized site plan presented by a prospective applicant for consideration of the overall idea of the development. The purpose of the conference is to discuss basic questions regarding use, density, integration with existing development in the area, and impacts on and the availability of public infrastructure. Also, the applicant may be presented with the applicable procedures required by the ordinance for approval of the proposed development and with any special problems or steps that might have to be followed, such as requests to the Board of Appeals for a variance.

(B) The conference may be scheduled by a prospective applicant with the Zoning Official and such other village representatives, as appropriate.

(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)

§ 157.196 SITE PLAN REVIEW.

Site plans shall be reviewed in accordance with the following procedures.

(A) Department review. The Zoning Official shall secure comments from all relevant Village Departments and the Village Engineer and Planner, and forward all comments to the Planning Commission and/or Zoning Commission, as required, for its review. The Planning Commission shall review the plans and may solicit further comments from the Engineer, Planning Consultant, and other agencies, groups, or persons, as appropriate.

(B) Preliminary site plan review.

(1) An applicant may request a preliminary site plan review by the Planning Commission and/or Zoning Commission, as required, prior to the submittal of a complete site plan review application. The purpose of the preliminary review is to allow the applicant to receive comment and concerns from the Planning Commissioners and/or Zoning Commissioners, as required, in regards to potential locations of buildings, egress and ingress, compatibility of the architecture as it relates to the historic nature of the village, and to indicate any other possible concerns of the Planning Commission and/or Zoning Commission, as required, that would be necessary to meet this chapter’s and/or site plan approval.

(2) Generally, the preliminary review submittal should include the building(s) footprint, general parking layout, location of ingress and egress, existing and proposed grades, proposed landscaping, building elevations, and other items pertinent to the site plan. The comments and concerns expressed by the Planning Commission and/or Zoning Commission, as required, are non-binding and are only to assist the applicant in preparing a plan for submittal requiring Planning Commission and/or Zoning Commission, as required, review and approval.

(1) The Planning Commission and/or Zoning Commission, as required, is hereby authorized to review and approve, with or without conditions, or to review and deny approval all site plans submitted under this chapter. Decisions rejecting, approving or conditionally approving a site plan shall be based upon standards and requirements contained in this chapter and in other applicable ordinances. A site plan shall be approved if it contains the information required by this chapter and is in compliance with this chapter and the conditions imposed under this chapter, other applicable ordinances, and state and federal law.

(2) When the Commission approves a site plan with conditions, the applicant shall submit a revised site plan in three copies showing a revision date and the conditions directly on what becomes the final site plan.

(3) If the Commission denies a site plan, the Commission shall so note the action taken by marking the plan “denied” and showing the date of the date of the action. The Planning Commission and/or Zoning Commission, as required, Chair and Secretary and the Zoning Official shall sign three copies of the denied site plan. The village retains two copies with the applicant receiving the third as part of the notification of denial for a zoning compliance permit described in § 157.010(C).

(D) Record of action. Each action taken with reference to site plan review and approval shall be duly recorded in minutes of the Planning Commission and/or Zoning Commission, as required.

(E) Final site plan.

(1) No zoning compliance permit shall be issued until the Chair and Secretary of the Planning Commission and/or Zoning Commission, as required, and the Zoning Official or then designates sign three copies of the final site plan with all revised information shown on it marking the plan “approved” and the date the action was taken. The Village retains two copies with the third being returned to the applicant.

(2) If a site plan is approved by an action of the Board of Appeals, the Chair and Secretary of the Board of Appeals and the Zoning Official or their designates sign the three copies of the final site plan. Any conditions coming as a result of the Board’s action shall be shown on the plan prior to any person affixing their signature.

(F) Notice to surrounding property. Notice shall be sent to property owners and occupants of property within 300 feet of commercial or industrial property for which a site plan is to be reviewed by the Planning Commission and/or Zoning Commission, as required. The written notice shall be sent not less than five days nor more than 15 days before the Planning Commission and/or Zoning Commission, as required, meeting at which the site plan is to be considered, unless the plan was tabled from a previously noticed meeting.

(Ord. 259, passed 10-24-1995; Ord. 361, passed 7-13-2003; Ord. passed 2-1-2012) Penalty, see § 157.999

§ 157.197 CRITERIA FOR SITE PLAN APPROVAL.

(A) Each site plan shall conform to all applicable provisions of this chapter. The following criteria shall be used by the Planning Commission and/or Zoning Commission, as required, as a basis upon which site plans will be reviewed and approved.

(B) The village shall adhere to sound planning principles, yet may allow for design flexibility in the administration of the following standards.

(1) All elements 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 shall be developed so as not to impede the reasonable 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”, see § 157.009, unless otherwise provided in this chapter.

(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) The site plan shall provide reasonable visual and sound privacy. Fences, walls, barriers, and landscaping shall be used, as appropriate, for the protection and enhancement of property and the safety and privacy of occupants and users. Where landscaping is provided, there must be provision for maintaining all plantings through a regular program of fertilizing, irrigating, pinning, mowing, and replacing all dead and diseased materials.

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

(6) There shall be a pedestrian circulation system that is separate from the vehicular circulation system. In order to ensure 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.

(7) (a) All streets shall be developed in accordance with the Village’s Subdivision Control Regulations and Standard Specifications for Street Construction. 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 part of an existing or planned street system serving adjacent developments shall have a width adequate to accommodate the anticipated volume of traffic and shall have a dedicated right-of-way equal to that specified in a village recognized source of reference.

(b) The applicant may be required to dedicate adequate land and improvements to the village in order to achieve access which is safe and convenient.

(8) Special attention shall be given to proper site drainage. Appropriate measures shall be taken to ensure that the removal of surface waters will not adversely affect adjacent lots 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. Where possible and practical, drainage design shall recognize existing natural drainage patterns.

(9) All off-street parking, loading and unloading areas, and outside storage areas, including areas for storage of trash, that face or are visible from adjacent residential districts, or public thoroughfares, shall be screened by walls or landscaping of effective height, if required by the standards of this chapter. Building entrances designed for vehicular access shall not access any building through the front yard of a development.

(10) Exterior lighting shall be so arranged and limited in intensity and height so that it is deflected away from adjacent lots and so that it does not impede vision of drivers along adjacent streets.

(11) Adequate sendees 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.

(12) Any use permitted in any zoning district must comply with all applicable requirements of state, local, and federal statutes, including 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, floodplains, wetlands, and requirements of the State Fire Marshal. Site plan approval may be conditioned on the applicant receiving necessary state and federal permits before final site plan approval or an occupancy permit is granted.

(13) 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 groundwater strata; to act as a natural drainage system and solve stormwater drainage problems; 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.

(14) 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 village and with the Village Master Plan. Site plans should conform with the village design standards in § 157.198.

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

(16) All development phases shall be designed in logical sequence to ensure 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.

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

(18) (a) In the case of the expansion or redevelopment of sites with existing improvements, the Planning Commission and/or Zoning Commission, as required, shall evaluate existing conditions of the site that are not proposed to be brought up to current minimum standards of the ordinance.

(b) Upon its evaluation, the Planning Commission and/or Zoning Commission, as required, may require that existing conditions or improvements be brought up to current minimum standards for landscaping, circulation, parking, and other site development standards in §§ 157.025 through 157.057, “General Regulations”, to ensure the protection of public health, safety, and welfare.

(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)

§ 157.198 VILLAGE DESIGN STANDARDS.

(A) (1) The purpose of the following architectural and site design standards is to evaluate proposed buildings and site improvements during site plan review to ensure that certain design and appearance standards are maintained. These standards provide a means of evaluating whether the proposed building design and site layout meet the overall intent of site plan review and this chapter.

(2) These standards shall be used to ensure all proposed buildings and site improvements meet the intent of this chapter.

(B) These standards also are intended to protect the general health, safety, welfare, and harmony of the village by ensuring that the village’s appearance, character, and historic and natural resources are preserved and respected by achieving high quality design; reducing the visual and physical dominance of the automobile; providing for pedestrian access and orientation; providing public open spaces; providing landscaping and seasonal color; and adding distinctive architectural features and roofline to the viewscapes of the village.

(1) Architectural standards in the C, CBD, O, and NOC Districts.

(a) Building form. Building mass, height, bulk, and width-to-height ratio must be similar in scale and in proportion to buildings within 500 feet for buildings in the C, CBD, O, and NOC Districts, unless existing buildings do not meet the standards of this section as determined by the Planning Commission and/or Zoning Commission, as required.

1. Walls and facades. A single uninterrupted length of a building facade shall not exceed 100 feet. Recesses, off-sets, angular forms, curved or stepped walls, projecting vestibules from the plane of the wall, or other features shall be used to provide a changing and visually interesting shape. Vertical elements such as towers, cupolas, and chimneys are recommended.

2. Windows.

a. The approximate size, orientation, and spacing of windows should match that of buildings within 500 feet, unless existing buildings do not meet the standards of this section as determined by the Planning Commission and/or Zoning Commission, as required. Window shapes shall be rectangular, square, or palladian (mostly rectangular with semi-circular top). Circular, octagonal, or diamond shaped windows are not permitted other than for decorative gable windows. Horizontal windows are permitted with a recommended width-to-height ratio of between one to one and four to one. Vertical windows are permitted with a maximum width-to-height ratio of one to two.

b. Windows shall be recessed and include visually obvious sills. Spaces between windows shall be formed by columns, mullions, or material found elsewhere on the facade. Clear window glass is recommended; green, blue, bronze, or smoke tints are permitted.

c. The first floor of front facades of nonresidential buildings shall include at least 30% windows, and remaining floors of front facades shall include at least 20% windows.

3. Roofline.

a. Roofline shall be consistent with the surrounding neighborhood character as determined by the Planning Commission and/or Zoning Commission, as required. Pitched roof forms (gable, hip, shed) with overhanging eaves shall be used within the C, O, and NOC Districts with between four inches of vertical rise to 12 inches of horizontal run and 12 inches of vertical rise to 12 inches of horizontal run. Standing seam metal roofs may also be permitted within the C, O, and NOC Districts. Flat roofs should be used in the CBD. Mansard, mock mansard, or barrel roofs are not permitted.

b. Dormer windows are recommended. Distinctively shaped roof forms, detailed parapets, and exaggerated cornice lines shall be incorporated into roofline along building facades greater than 100 feet. Roof-top mechanical equipment must be screened by the roof form.

4. Main entrances. Main entrances shall be emphasized with larger doors and framing devises such as deep overhangs, recesses, peaked roof forms, porches, or arches.

(b) Building content. Buildings in the C, CBD, O, and NOC Districts should possess architectural variety, but must enhance the overall cohesiveness of the neighborhood’s character and appearance as determined by the Planning Commission and/or Zoning Commission, as required.

1. Architectural features.

a. Building facades greater than 100 feet shall contain architectural features, details and ornaments that are consistent with predominating architectural styles found within the neighborhood such as: arches; roof cornices; contrasting bases; contrasting masonry courses, water tables, or molding; pilasters or columns; corbeling; contrasting bands or color; stone or ceramic accent tiles; colonnades; or porches. All sides of a building shall be similar in design, details, and materials to present a cohesive appearance to neighboring properties.

b. Elements such as wall clocks, decorative light fixtures, and door or window canopies are also recommended. Canopies should be of metal or canvas; vinyl canopies are not recommended. All nonresidential buildings must have interior downspout and gutter systems; exterior downspouts and gutters are not permitted for nonresidential buildings, except for those originally constructed for single-family residential purposes.

2. Entrance details. Main entrances to buildings shall incorporate devises such as canopies, overhangs, raised parapets over the door, larger door openings and display windows, accent colors, and architectural details such as tile work, moldings, and distinctive door pulls. Canopies should be of metal or canvas; vinyl canopies are not recommended.

3. Building materials. Building materials must be consistent with the surrounding neighborhood character, as determined by the Planning Commission and/or Zoning Commission, as required. Building materials on the front facade or any facade visible from a public right-of-way must be primarily of natural materials conveying permanence, as determined by the Planning Commission and/or Zoning Commission, as required. Each front facade, any facade visible from a public right-of-way, and any facade with a dedicated public entrance into the building should contain at least 60% of the recommended materials listed below, excluding window areas.

a. Recommended materials. Brick masonry, clear and reflective glass, stone, concrete slab (poured-in-place, tilt-up construction).

b. Acceptable materials. Split face, scored, or ground face block; beveled wood siding (lap, board and batter, shake); exterior finish insulation systems (EIFS).

c. Discouraged materials.

i. Smooth face block; vinyl siding; metal siding (standing seam panels, aluminum siding); T-111 and other wood panel siding; and

ii. Acceptable or discouraged materials, or similar synthetic or highly, reflective materials should not be used except for decorative or accent features only. Exterior insulation finish systems (EIFS) may be used for decorative or accent features, and may also be a primary facade material provided it is placed at a height of eight feet or greater and provided it is no more than 20% of the total facade area.

d. Colors. The following natural colors shall be used for the main portions of building facades and roof forms; neutral earth tones (sand to brown); shades of gray; traditional colors (e.g., brick red, forest green, navy blue); light, subdued hues (e.g., salmon); or white. Contrasting, accent colors which are compatible with the primary colors listed above are encouraged for trim, accent, and other decorative architectural features. The use of bright or fluorescent colors (e.g., purple, orange, pink, lime, yellow) is discouraged. Colors should be natural to the material or pigmented, and not painted on the material whenever possible.

1. New buildings and building renovations within the village’s historic districts must have architectural features, details, and ornaments such as arches, colonnades, cornices, or porches that are consistent with predominating architectural styles found within the district.

2. New buildings within the CBD must also contain the following elements.

a. New buildings in the CBD must be placed along the front property line with no front setback and must contain a second story if an adjacent building is built to the front property line and contains a second story. Building height, story levels, and window sizes are proportions must remain consistent with those of existing, adjacent buildings.

b. Although rear and side accessory entrances are encouraged where possible, new buildings in the CBD must contain a main front entrance fronting upon a public street.

(2) Architectural standards in other districts.

(a) Multiple-family residential developments. The architectural standards listed above in division (B)(1) for the C, CBD, O, and NOC Districts shall apply to multiple-family residential developments in the RM District.

(b) Industrial developments. Architectural standards within the M Districts shall be as follows:

1. Building materials.

a. Building materials for an attached office/main entrance portion of a building within an M District must be primarily of natural materials conveying permanence, as determined by the Planning Commission and/or Zoning Commission, as required, such as: brick masonry; stone; concrete slab (poured-in-place, tilt-up construction); split face, scored, or ground face block; or clear or reflective glass. Exterior insulation finish systems (EIFS) may also be a primary facade material provided it is placed at a height of eight feet or greater. If a building within a M District does not have an attached office/main entrance portion, the above standards shall apply to the front facade of the building to a height of 12 feet.

b. The following materials, along with those listed above, may be used for all other facades of a building within an M District; smooth face block; and metal siding (standing seam panels, aluminum siding). The following materials shall not be used: beveled wood siding (lap, board and batter, shake); primarily metal exterior (such as unimproved facade material to a shipping container), vinyl siding; and T-111 and other panel siding.

2. Colors. Buildings within an M District shall comply with the standards of division (B)(1)(b)1. above regarding color.

3. Garages. At least 25% of individual garages on residential units within new residential subdivisions or planned unit developments should be side entry or recessed at least ten feet behind the front building line (living area).

4. Porches and awnings. The location, size, and types of architectural projections such as porches or awnings should be compatible with buildings within 500 feet in the same designated district as determined by the Planning Commission and/or Zoning Commission, as required.

(3) Signs.

(a) Signs and other site features should be designed and located on the site so that the proposed development is. aesthetically pleasing and harmonious with nearby developments. Site features such as decorative entry signs, ornamental lighting, and/or pedestrian furniture are desirable.

(b) Signs should be integrated with the architecture of the main building and should not appear to be tacked onto the building.

(c) Location, scale, and design of signs should be consistent with the character and appearance of other signs, streetscape improvements, and uses located along the same street.

(4) Open space, pedestrian circulation, and view protection.

(a) Site design should provide a pedestrian circulation system separate from that provided for vehicles and should ensure pedestrian safety.

(b) The location and design of landscaping and pedestrian areas should be compatible with and enhance the pedestrian and open space network in the area. Whenever possible, the location and design of open spaces should form a continuation of open space areas within the immediate vicinity so that open spaces are linked together in a connected system.

(c) The location, size, and use of yards should maintain the unobstructed view of lakes, ponds, rivers, and streams for adjacent properties and from nearby public rights-of-way and public parks or open spaces. The placement of accessory structures in yard areas which block the view of waterways, lakes, and wetlands from adjacent properties or public rights-of-way should be avoided.

(d) Sidewalks at least five feet wide and at least seven feet wide where abutting parking should be provided along all public streets and private roads. Multiple-purpose pathways for pedestrian and bicycle use meeting the design standards of the American Society of Transportation Officials may be required along major arterial roads.

(e) Multiple-purpose pathways are intended to connect with existing or planned multiple-purpose pathways and to link residential areas to recreational facilities and commercial and institutional destinations.

(f) All developments should provide pedestrian walkways between public sidewalks and building entrances.

(f) A consistent type of ornamental lighting designed to illuminate pedestrian areas should be provided along all sidewalks.

(5) Parking and loading.

(a) The amount of parking for nonresidential uses in the CBD District required under §§ 157.145 through 157.151, “Parking and Loading”, may be reduced by the Planning Commission and/or Zoning Commission, as required, by up to 50% upon a finding that patrons will be able to walk to the use from nearby residential areas, patrons are parked at other uses and visiting several uses, and/or on-street parking is available.

(b) Parking lots visible from the public right-of-way should be screened from view by an evergreen hedge row or masonry wall which is consistent with other elements of the site and adjacent sites and should be at least three feet in height.

(c) Loading/unloading from secondary streets may be permitted by the Planning Commission and/or Zoning Commission, as required, rather that the required on-site loading, upon demonstration by the applicant that through traffic flow and access to neighboring uses will not be disrupted.

(d) Parking lot lighting should not be greater than 30 feet in height.

(6) Street and access design.

(a) The road system should be designed to balance the distribution of internal traffic so that no one road or access point is overburdened and relied on as the only path for a large number of vehicles. This objective should be accomplished by providing a collector road system in addition to local streets that is connected at frequent intervals to the arterial road network.

(b) Shared access or connections between adjacent uses as a means to limit conflict points and preserve capacity on adjacent roads may be required.

(Ord. 259, passed 10-24-1995; Ord. 318, passed 11-17-1998; Ord. passed 2-1-2012; Ord. 459, passed 3-10-2020) Penalty, see § 157.999

§ 157.199 LENGTH OF TIME APPROVAL VALID.

Site plan approval hereunder shall be valid for one year from the date of approval. If an applicant does not obtain a building permit within one year after site plan approval, the site plan approval expires and is of no force or effect, unless extended by the Planning Commission and/or Zoning Commission, as required. Revocation of an approved site plan shall be communicated in writing by certified mail to the property owner.

(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)

§ 157.200 CONFORMITY TO APPROVED SITE PLANS; SANCTIONS FOR NOT CONFORMING TO APPROVED SITE PLAN.

The applicant shall construct site plan improvements in complete conformity with the approved final site plan. Failure to do so is a violation of this chapter and in addition to the penalties contained in this chapter, the Zoning Official may issue an order to cease and desist. The Planning Commission and/or Zoning Commission, as required, may take additional action to revoke the permit following a due process hearing. Upon finding a preponderance of evidence, the Planning Commission and/or Zoning Commission, as required, shall revoke the zoning compliance permit at issue. The hearing standards used for this process shall be those established for the Board of Appeals.

(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012) Penalty, see § 157.999

§ 157.201 ARCHITECTURAL REVIEW COMMITTEE.

The purpose of the Architectural Review Committee shall be to meet on short notice to review and act on minor changes to a previously approved site plan under the following provisions.

(A) The Planning Commission and/or Zoning Commission, as required, Chairperson shall designate three members of the Commission to

serve on the architectural review Committee. Committee appointments shall be made every six months with not more than one member serving consecutive terms on the Committee.

(B) The Architectural Review Committee shall meet as required to review minor changes to site plans that have been approved by the Planning Commission and/or Zoning Commission, as required.

(C) Items that would be taken to the Architectural Review Committee for review and approval include, but are not limited to:

(1) A minor color change in the finished exterior of a proposed building;

(2) A change in the trim materials to be used on a building;

(3) A variance from the approved landscaping and lighting plan for a project;

(4) Minor changes to parking lots, sidewalks, and driveways; and

(5) Minor architectural changes to the facade of a building.

(D) The Architectural Committee would meet as necessary and report their actions in writing to the full Planning Commission and/or Zoning Commission, as required, at the next regular Planning Commission and/or Zoning Commission, as required, meeting.

(Ord. 259, passed 10-24-1995; Ord. 339, passed 4-15-2001; Ord. passed 2-1-2012)

§ 157.202 SUBMITTAL OF AS BUILT PLANS.

Upon completion of the installation of required improvements as shown on the approved final site plan, the property owner shall submit to the Zoning Official two copies of an “as built” site plan, certified by an engineer or architect, at least one week prior to the final inspection leading to a certificate of zoning compliance. A certificate of zoning compliance shall be withheld by the Zoning Official in any case where the final site plan and major conditions as approved by the Planning Commission and/or Zoning Commission, as required, have not been complied with. Any minor variations may be approved by the Zoning Official, and shall be reported to the Planning Commission and/or Zoning Commission, as required, within 30 days after the issuance of a certificate of zoning compliance.

(Ord. 259, passed 10-24-1995; Ord. 339, passed 4-15-2001; Ord. passed 2-1-2012)

§ 157.203 PERFORMANCE GUARANTEES.

(A) To ensure compliance with the provisions of this chapter and any conditions imposed thereunder, the Planning Commission and/or Zoning Commission, as required, or Board of Appeals may require that a performance guarantee be deposited with the village to ensure the faithful completion of improvements in accordance with of the Michigan Zoning Enabling Act, Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 et seq., as amended.

(B) Improvements for which the village may require a performance guarantee include, but are not limited to, landscaping, berms, walls, lighting, surfacing of drives, parking, and acceleration/ deceleration lanes, traffic-control devices, sewer or water line expansion, stormwater retention areas, and land reclamation activities.

(1) Scope of requirement. The performance guarantee can apply only to those specific features and actions which the Planning Commission and/or Zoning Commission, as required, or Board of Appeals considers necessary to protect natural resources or the health, safety, or welfare of residents, project users, or the general public. A performance guarantee may not be required for the entire project. The guarantee is limited to those project components specifically designated by the Planning Commission and/or Zoning Commission, as required, or Board of Appeals.

(2) General requirements.

(a) A performance guarantee shall be required by the Planning Commission and/or Zoning Commission, as required, on the applicable portion(s) of a site plan under any of the following circumstances:

1. To meet the costs of improvements required to be made by the applicant to public facilities owned by the village as a condition of site plan approval;

2. To ensure completion of common elements of site plan affecting two or more parties; and

3. To ensure the completion of those portions of a site plan which will not be completed by the applicant prior to a request for occupancy.

(b) The Planning Commission and/or Zoning Commission, as required, or Board of Appeals may require a performance guarantee on any other specific improvement when determined by resolution that the guarantee is necessary to protect the natural resources of the village or the health, safety, or welfare of residents, project users, or the general public.

(3) General conditions.

(a) The performance guarantee shall be submitted at the time of issuance of the permit authorizing the activity or project. No building permit or related village permit shall be issued, unless the Building Inspector is satisfied that the guarantee is in full compliance with this subchapter.

(b) The performance guarantee shall be in the form of:

1. A cash deposit or deposit by certified check drawn on a bank authorized to do business in the state;

2. An irrevocable letter of credit issued on behalf of the village by a bank authorized to do business in the state; or

3. A surety bond in a form and manner acceptable to the Village Attorney. The costs of the review of a surety bond by the Village Attorney shall be paid by the applicant as part of the issuance of a permit.

(c) The amount of the performance guarantee shall be sufficient to cover the estimated cost of the improvements for a project which has received site plan approval or zoning variance. The applicant shall provide an itemized listing of estimated costs and a proposed time schedule to complete all of the improvements determined to require a performance guarantee. The Zoning Official shall review the submitted costs and shall determine an accurate amount for the performance guarantee. In determining the amount, the Zoning Official may consider signed contracts or subcontracts supplied by the applicant or the Zoning Official may secure or require that the applicant secure a sealed statement from a licensed architect or engineer verifying the estimates.

(d) Cash funds or a certified check made payable to the village shall be deposited by the village into an interest-bearing account in a financial institution with which the village regularly conducts business.

(e) In the case of a guarantee exceeding $2,000, and by request of the applicant, the guarantee may be released to the applicant in an amount proportional to the work completed on various elements; provided, that a minimum of 10% shall be retained on each element until the satisfactory completion of the entire project. The amount of work completed shall be based upon an inspection and determination by the Zoning Official.

(f) An amount not to exceed the actual cost of the installation of landscape materials may be retained by the village for at least one year following the installation of said materials to ensure proper maintenance and, if necessary, replacement. This amount shall be released to the applicant upon certification by the Zoning Official that all landscape materials are being maintained in good condition.

(g) Prior to the acceptance of a public improvement by the village and upon the recommendation of the Village Engineer, the Zoning Official shall require a maintenance bond for the public improvement in an amount not to exceed 35% of the total cost of the Improvement to remain in effect for a period not to exceed three years.

(h) The unexpended balance of a performance guarantee, including interest accrued, shall be returned to the applicant following inspections by the appropriate village officials and a positive determination by the Zoning Official that the required improvements have been satisfactorily completed and that all other requirements of this subchapter are met.

(4) Unsatisfactory completion of improvements.

(a) When required improvements are not installed or maintained within the time stipulated or are not completed in accordance with the standards set forth within this chapter or as agreed upon between the applicant and the Planning Commission and/or Zoning Commission, as required, or Board of Appeals, the Zoning Official may order the improvements completed by the village or by an independent contractor, or may order that the site be returned to its original condition.

(b) The Zoning Official shall order the completion of the improvements and so notify the applicant by certified mail at least 14 calendar days prior to the undertaking of completion. During this time period, the applicant may seek an order from a court of competent jurisdiction to prevent the action by the village. All costs incurred by the village for the completion of the improvements or the restoration of the site, including direct administrative costs, shall be assessed against the performance guarantee, including any interest accrued on any funds deposited in escrow.

(5) Subdivision improvements. This subchapter shall not be applicable to improvements for

which a cash deposit, certified check, irrevocable bank letter of credit, or surety bond has been deposited with the village by the applicant pursuant to the Subdivision Control Act, Public Act 288 of 1967, being §§ 560.101 through 560.293, as amended.

(Ord. 259, passed 10-24-1995; Ord. 339, passed 4-15-2001; Ord. passed 2-1-2012)

§ 157.204 ENVIRONMENTAL IMPACT ASSESSMENT.

(A) The requirement for the submission of an environmental impact assessment, in accordance with § 157.048 during the rezoning, special land use, and/or site plan review process is to provide relevant information concerning the environmental, economic, social, and cultural effects a project may have on the community.

(B) (1) Also, this information should provide the data needed by the village to make a rational determination on the request.

(2) Such data is necessary to minimize pollution, retain environmental resources, and to investigate the adequacy of public utilities and facilities such as sewer, water, and transportation system.

(C) An environmental assessment providing the information and data specified herein, shall be submitted by the applicant and prepared and reviewed at the expense of the applicant:

(1) Whenever a request for rezoning or site plan approval is submitted, whichever shall occur first, for parcels having an area of 20 acres or greater;

(2) Whenever a request for rezoning is not consistent with the Village’s Master Plan;

(3) Whenever a development of 150,000 square feet of gross floor area or greater is submitted for site plan review;

(4) Whenever a development of 200 dwelling units or greater is submitted for site plan review;

(5) For any special land use in the M Industrial District;

(6) Whenever required for a special land use; or

(7) For a site containing significant wetlands, steep slopes or other natural features, as determined by the Zoning Official.