Hopkins Township City Zoning Code
SITE PLAN
REVIEW
§ 157.315 INTENT AND PURPOSE.
(A) (1) This subchapter establishes standards and requirements for the review and approval, by the Planning Commission, of site plans.
(2) As used in this subchapter, SITE PLAN includes the documents and drawings, as specified by this subchapter, that are necessary as a part of the land development review process to ensure that a proposed land use or activity is in compliance with applicable local ordinances and state statutes and is compatible with the character of the surrounding area, the adjacent uses of land, the natural environment, the capacities of public services and facilities and the public health, safety and welfare.
(B) The standards and requirements provided by this subchapter shall be in addition to those required elsewhere in this chapter that are applicable to the use or activity under consideration.
(C) The intent of this subchapter is to provide for consolation and cooperation between the applicant and the Planning Commission in order that the applicant may accomplish his, her or their objectives in the utilization of his or her land within the regulations of this chapter and with minimum adverse effect on the use of adjacent streets and highways and on existing and future uses and environment in the immediate area and vicinity.
(Prior Code, Ch. XV, § 12D.01) (Ord. 2001-1, passed 7-17-2001)
§ 157.316 USES REQUIRING SITE PLAN APPROVAL.
The construction, reconstruction, extension, enlargement or movement of the following buildings, structures and uses shall require site plan approval by the Planning Commission. The Zoning Administrator shall not issue a zoning permit for any land uses requiring a special land use permit under this chapter, or as required in this chapter until a site plan has been reviewed and approved by the Planning Commission:
(A) Commercial buildings/structures/uses;
(B) Industrial buildings/structures/uses;
(C) Essential services;
(D) Mobile home parks;
(E) Multi-family dwellings;
(F) Parking areas containing six or more parking spaces. Any expansion of existing parking areas containing six or more spaces shall require a site plan review, if the parking area is within 100 feet of any residential district or it ingress/egress or any other traffic circulation modifications are made;
(G) Planned units (PUDs);
(H) Site condominium subdivisions;
(I) Special land uses; and
(J) If an existing permitted land use is changed to another permitted land use that requires additional parking according to the schedule of parking requirements, such additional parking shall be required and site plan approval from the Planning Commission shall also be required.
(Prior Code, Ch. XV, § 12D.02) (Ord. 2001-1, passed 7-17-2001)
§ 157.317 APPLICATION PROCEDURES.
(A) An application for site plan review, plus either a preliminary or final site plan shall be submitted 21 days prior to the next scheduled Planning Commission meeting through the Zoning Administrator who will review the application and plans for completeness, then transmit the application and plans to the Planning Commission.
(B) Incomplete applications will not be forwarded for consideration.
(Prior Code, Ch. XV, § 12D.03) (Ord. 2001-1, passed 7-17-2001)
§ 157.318 PRELIMINARY PLAN REVIEW.
(A) Preliminary plan review is voluntary and not mandatory. Preliminary sketches of proposed site and development plans may be submitted for review prior to final site plan submittal. The purpose of such procedures is to allow discussion between the applicant and the township, to better inform the applicant of the acceptability of the proposed plan prior to incurring extensive engineering cost and other costs which might be necessary for final site plan approval.
(B) Such plans shall include the following as deemed necessary by the Zoning Administrator:
(1) Legal description of the property;
(2) Small-scale sketch of properties, streets and use of land within one-half mile of the area;
(3) A generalized map showing any existing or proposed arrangements of:
(a) Streets;
(b) Lots;
(c) Access points;
(d) Other transportation arrangement;
(e) Buffer strips screening;
(f) Natural characteristics, including, but not limited to, open space, stands of trees, brooks, ponds, floodplains, hills, dune classifications, dune crests and similar natural assets;
(g) Signs, location and lighting; and
(h) Buildings.
(4) A narrative describing:
(a) The overall objectives of the proposed developments;
(b) Number of acres allocated to each proposed use and gross area in buildings, structures, parking, public and/or private streets and drives and open space;
(c) Dwelling unit densities by type;
(d) Proposed method of providing sewer and water service, as well as other public and private utilities;
(e) Proposed method of providing storm drainage; and
(f) Proposed method of revegetating open sand areas, both pre-existing and newly created, to a stable condition.
(C) In addition to the above, said applicant shall submit the site plan review fee in accordance with the established fee schedule to cover normal and specially incurred expenses of the review.
(Prior Code, Ch. XV, § 12D.04) (Ord. 2001-1, passed 7-17-2001)
§ 157.319 REVIEW OF PRELIMINARY SITE PLAN.
(A) The Zoning Administrator will review the preliminary site plan and make recommendations to the Planning Commission.
(B) The Zoning Administrator may request review comments from the township officials such as Police, Fire Chief and Assessor and base recommendations on their comments, as well as the purposes, objectives and requirements in this subchapter and, specifically, the following considerations when applicable:
(1) Ingress and egress through the property and proposed structures thereon with reference to motor vehicle and pedestrian safety and convenience, traffic flow and control and access in case of fires, catastrophe or emergency;
(2) Off-street parking and loading areas where required, with particular attention to noise, glare and odor effects of each use in the plan on adjoining properties and properties in the proposed development;
(3) Sewer, water and storm drainage with reference to locations, availability and compatibility;
(4) Screening and buffering with reference to type, dimensions and character;
(5) Signs, if any, and their proposed lighting relative to glare, traffic safety, economic effect and compatibility and harmony with adjoining properties;
(6) Required yards;
(7) General compatibility with adjacent properties; and
(8) The general purpose and spirit of this chapter and the Township Master Plan.
(Prior Code, Ch. XV, § 12D.05) (Ord. 2001-1, passed 7-17-2001)
§ 157.320 FINAL SITE PLAN REVIEW.
(A) Final site plan review is mandatory. Preliminary sketches of proposed site development plans may be submitted as provided above.
(B) Final site plans shall contain the following information:
(1) The date, north arrow and scale. The scale shall be at least one inch equals 20 feet for property under three acres and one inch equals 100 feet for those properties that are three acres or more;
(2) The name and address of the individual or firm responsible for the preparation of the site plan;
(3) The name and address of the property owner or petitioner; and
(4) A locational sketch drawn to scale.
(Prior Code, Ch. XV, § 12D.06) (Ord. 2001-1, passed 7-17-2001)
§ 157.321 EXISTING INFORMATION.
The following existing information must be shown and properly dimensioned:
(A) All lot and/or property lines, including building setback lines on corner lots;
(B) The locations and height of all existing structures on or within 100 feet of the subject property’s boundary;
(C) The location and dimensions of all existing drives, sidewalks, curb openings, signs, exterior lighting, curbing, parking areas (show dimensions of a typical parking space), unloading areas, recreational areas, common use areas and areas for public use and purpose;
(D) The location, pavement width and right-of-way width the of all abutting roads, streets, alleys or easements;
(E) The location, height and types of fences, walls and landscaping;
(F) The location extent and character of all utilities, including connections to public sewer, water or storm drainage systems;
(G) The location, extent and character of all surface water drainage facilities; and
(H) For multi-family developments and parking areas with six or more spaces, contour intervals shall be shown (two-foot intervals for average slopes 10% and under and five-foot intervals for slopes over 10%). Topography, however, may be required on all site plans at the discretion of the Planning Commission.
(Prior Code, Ch. XV, § 12D.07) (Ord. 2001-1, passed 7-17-2001)
§ 157.322 PROPOSED INFORMATION.
The following proposed information must be shown and properly dimensioned:
(A) The location and height of all proposed structures on and within 100 feet of the subject property’s boundary;
(B) The location and dimensions of all proposed drives, sidewalks, curb openings, signs, exterior lighting, curbing, parking areas (show dimensions of a typical parking space), unloading areas, recreational areas, common use areas and areas to be conveyed for public use and purpose;
(C) The location, pavement width and right-of-way width of all proposed roads, streets, alleys or easements;
(D) The proposed zoning changes for the subject property or abutting properties;
(E) The proposed location, height and types of fences, walls and landscaping;
(F) The proposed location, extent and character of all utilities, including proposed connections to public sewer or water systems;
(G) All proposed surface water drainage facilities; and
(H) For multi-family developments and parking areas with six or more spaces, altered contour intervals shall be shown (two-foot intervals for average slopes 10% and under and five-foot intervals for slopes over 10%). Contour changes, however, may be requires on all site plans at the discretion of the Planning Commission.
(Prior Code, Ch. XV, § 12D.08) (Ord. 2001-1, passed 7-17-2001)
§ 157.323 REVIEW PROCEDURE.
(A) The applicant shall submit his or her proposal to the Zoning Administrator by letter which shall be accompanied by a sketch of the proposed use or structure.
(B) The Zoning Administrator shall provide the applicant with the proper documents and instructions for completion of a site plan application.
(C) The Planning Commission may adopt procedures to encourage preliminary, informal review of proposed site plans with the applicant. The preliminary review shall not, however, effect the applicability of the standards and requirements for formal approval of site plans as required by this chapter.
(D) The proposed Site Plan shall be submitted in three copies to the Zoning Administrator, who shall keep one copy and deliver two copies to the Chairperson of the Planning Commission.
(E) With 60 days of its submittal to the Zoning Administrator, the Planning Commission, except as noted in § 157.324 of this chapter, shall review the site plan and shall either approve, approve with conditions or disapprove the proposed site plan in accordance with this chapter and applicable provisions of this chapter. The basis for the decision and any conditions imposed relating to an affirmative decision shall be specified in the resolution of the Planning Commission approving or denying the site plan. If approved or approved with conditions, the site plan, as approved, shall become part of the record of approval, after a decision of either approval or denial, the Planning Commission shall submit its action in writing to the applicant indicating either approval with any changes where agreed upon by the Planning Commission, or denial with reasons for denial.
(F) Upon approval of site plan, at least two copies of the site plan, as finally approved, shall be signed and dated by the Chairperson of the Planning Commission. One copy of the signed site plan shall be kept on file with the Zoning Administrator and the other shall be returned to the applicant.
(G) For all site plan prepared on a computer, a single diskette copy shall be provided to the Zoning Administrator in digital format.
(Prior Code, Ch. XV, § 12D.09) (Ord. 2001-1, passed 7-17-2001)
§ 157.324 TOWNSHIP BOARD REVIEW OF PRELIMINARY SITE PLANS FOR CERTAIN LAND USES.
(A) The Township Board shall review the preliminary site plans for the following special land uses:
(1) Public and private sanitary landfills;
(2) Planned unit developments (PUDs);
(3) Condominium subdivisions;
(4) Mobile home parks;
(5) Regional shopping centers; and
(6) Refuse, garbage and other incinerators.
(B) The Planning Commission shall transmit the results of its review of the preliminary site plan for the special land use identified in division (A) above to the Township Board. The Township Board shall approve, approve with conditions or deny the submitted site plan. Reasons for denial shall be set forth in writing. The applicant shall be provided a copy of the resolution of the Township Board regarding the preliminary site plan.
(Prior Code, Ch. XV, § 12D.10) (Ord. 2001-1, passed 7-17-2001)
§ 157.325 STANDARDS FOR SITE PLAN REVIEW.
(A) The Planning Commission shall review the site plan based on the purpose, objectives and requirements of this chapter and on the standards provided by this section. As a part of its review, the Planning Commission may distribute copies of the plan to other governmental departments or officials. Their review and comment would be on matters related to the plan that would fall under their jurisdiction or involve the discharge of their duties.
(B) In reviewing the site plan, the Planning Commission shall specifically consider the following standards, as applicable.
(1) Dimensional requirements. The dimensional arrangement of buildings and structures shall conform to the required yards, setbacks and height restrictions of this chapter.
(2) Building arrangement. The proposed buildings and structures shall have a harmonious relationship to the site terrain, landscaping, open space and other buildings and structures, existing and proposed. The bulk, location and height of proposed buildings and structures, as well as the general character of the development, shall minimize any adverse effect on other uses of property in the surrounding area and shall not place demands on public services or facilities in excess of township capacity.
(3) Drainage of surface water. Proper site surface drainage shall be provided so that the removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. If practical, storm water shall be removed from all roof areas, canopies and paved areas and carried away in an underground drainage system. The peak rate of storm water runoff from the site shall not increase as a result of the proposed development and temporary on-site storage to reduce peak runoff from the site is encouraged. Surface water in all paved areas shall be collected at intervals so that it will not create ponding.
(4) Public access and parking. The location, availability and compatibility of sewer, water and storm drainage facilities shall be considered to determine whether the use will be adequately served by necessary improvements. Utility distribution lines or associated utility installations shall be located so as to avoid adverse impacts both to neighboring properties and to the site.
(5) Vehicular access and parking. The provisions for vehicular loading and unloading and parking and for vehicular and pedestrian circulation on the site and onto adjacent public streets and ways shall not create hazards to safety and shall not place demands on public services or facilities on excess of township capacity. All buildings and structures shall be accessible by emergency vehicles.
(6) Exterior lighting. All lighting shall be installed and maintained in such a manner as to confine the illumination source or divert glare to the property upon which the use is located and to prevent glare or illumination from adversely affecting the safety or welfare of adjacent property or streets.
(7) Signs. The size, location, design and lighting of signs shall be considered in relation to signs on adjacent sites, glare, traffic safety and compatibility with adjoining properties, consistent with all applicable sign regulations. Signs shall be located and designed to avoid creating distraction or clutter.
(8) Special features. Storage areas, mechanical areas, service areas, truck loading areas, utility buildings and structures and similar features shall be located, buffered and/or screened so as to be unobtrusive; so as not to detract from the visual impression of the site. Trash containers shall be enclosed on at least three sides by a structure aesthetically compatible with the development and surrounding property. Waste storage areas shall be maintained free from litter and in sanitary condition.
(9) Landscaping. The landscape shall be preserved in its natural state, insofar as practical, by minimizing tree and soil removal. Grade changes made shall be in keeping with the general appearance of neighboring developed areas. Plant materials shall be used to enhance the appearance of the site; to screen unsightly or harsh elements and to provide visual relief from large monotonous features, such as parking lots.
(10) External effects (general). Noise, odor, light, dust, dirt, smoke or other external effects from any aspect of the proposed use shall not adversely affect adjacent and neighboring properties or uses.
(11) Compliance with all applicable laws. The Planning Commission shall not approve a site plan that violates or that is inconsistent with local, state or federal laws or regulations.
(Prior Code, Ch. XV, § 12D.11) (Ord. 2001-1, passed 7-17-2001)
§ 157.326 CONDITIONS OF APPROVAL.
The Planning Commission shall make a decision to approve the request based on the following conditions.
(A) The Planning Commission may impose any other regulations which it deems necessary to protect the safety, health and general welfare of the people of the township and shall have the authority to make any changes or alterations in submitted plans and modify any requirements and regulations herein prescribed; provided, they are in the best public interest and such that the property may be developed in a reasonable manner; but in so doing, complying with other applicable provisions of this chapter.
(B) The Planning Commission may impose reasonable conditions upon approval of site plan. The conditions may include, but are not limited to, conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:
(1) The proposed use or structure appears to be in accordance with the intent of the zoning district in which it is located and is architecturally compatible with other conforming uses and structures in the district;
(2) Be designed to protect natural resources, health, safety, welfare and social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, or the community as a whole;
(3) Be related to the valid exercise of the police power;
(4) Be necessary to meet the intent and purpose of this chapter, related to the standards established in the ordinance for the land use or activity under consideration and be necessary to ensure compliance with those standards; and
(5) Adequate off-street parking and loading spaces in accordance with this chapter shall be provided within 150 feet of the proposed use or structure.
(Prior Code, Ch. XV, § 12D.12) (Ord. 2001-1, passed 7-17-2001)
§ 157.327 REGULATIONS.
The following regulations shall apply to all land uses requiring site plan approval.
(A) The Chairperson of the Planning Commission shall not sign the approved site plan until the applicant has submitted three copies of all permits that may be required by the county or the state for the construction of the use, such as but not limited to, permits for on-site wastewater disposal and permits required under the Soil Erosion and Sedimentation Act, Public Act 346 of 1972, and the Wetland Protection Act, Public Act 203 of 1979.
(B) The construction of improvements shall not commence for any development that requires a site plan approval until an approved site plan has been signed by the Chairperson of the Planning Commission.
(C) The Zoning Administrator shall not issue a zoning permit for any use requiring site plan approval until an approved site plan has been signed by the Chairperson of the Planning Commission.
(D) The Building Inspector shall not issue a building permit for any use requiring site plan approval until an approved site plan has been signed by the Chairperson of the Planning Commission.
(Prior Code, Ch. XV, § 12D.13) (Ord. 2001-1, passed 7-17-2001)
§ 157.328 PERFORMANCE GUARANTEES.
Performance guarantees to assure compliance with the provisions of this chapter and any conditions imposed under this chapter may be required by the Planning Commission at the time of approval of a site plan authorized under § 4E of Public Act 207 of 1921, being M.C.L.A. §§ 125.581 through 125.590, as amended.
(Prior Code, Ch. XV, § 12D.14) (Ord. 2001-1, passed 7-17-2001)
§ 157.329 CHANGES TO SITE PLAN.
Changes to a site plan, following approval by the Planning Commission, in connection with a use or activity, are prohibited. Subsequent actions altering, amending or changing the approved use or activity in any way will require approval in accordance with the procedures described above.
(Prior Code, Ch. XV, § 12D.15) (Ord. 2001-1, passed 7-17-2001)
§ 157.330 ENFORCEMENT.
A site plan, approved by the Planning Commission, in connection with use or activity, shall have the full force and effect of this chapter. Subsequent actions relating to the use or activity authorized shall be consistent with the site plan as approved. Any violation of an approved site plan shall be grounds for the township to order that all construction be stopped and to order that zoning permits, building permits and certificates of occupancy be withheld until the violation is removed or until adequate guarantee of removal of the violation is provided to the township. In addition, a violation of any approved site plan or failure to comply with any requirements of this section, including conditions of approval, shall be considered a violation of this chapter.
(Prior Code, Ch. XV, § 12D.16) (Ord. 2001-1, passed 7-17-2001)
§ 157.331 APPEALS OF PRELIMINARY SITE PLAN.
(A) Eligibility.
(1) Any person aggrieved by the decision of the Planning Commission or the Township Board in granting or denial of preliminary site plan approval or the Zoning Administrator in granting or denial of final site plan approval, shall have the right to appeal the decision to the Zoning Board of Appeals.
(2) An aggrieved party must allege and prove to the satisfaction of the Zoning Board of Appeals that he or she suffered some special damages not common to other property owners similarly situated. The mere increase in traffic in the area, proof of general economic and aesthetic losses or the mere fact that the appellant owns adjacent property are not sufficient to show special damages.
(B) Appeals process.
(1) The appeal shall state the aggrieved parties’ grounds for appeal and shall be filed with the Township Clerk within seven days of the decision of the Planning Commission, Township Board or Zoning Administrator.
(2) The Zoning Administrator shall transmit to the Board of Appeals copies of all documents constituting the record of the site plan review.
(3) The Zoning Board of Appeals shall review the appellant’s documents and determine if he, she or they are an aggrieved party.
(a) If the Board determines that the appellant(s) is not an aggrieved party, the Board shall note its findings in resolution form, state its reasons and inform the appellant(s) in writing.
(b) If the Board determines that the appellant(s) is an aggrieved party, the Board should note their findings in resolution form, state its reasons and schedule a meeting date to consider whether to confirm or overturn the original decision.
(4) The Zoning Board of Appeals shall review the public record and determine whether or not there was support on the record for the original decision. The appellant shall not have the right to present new evidence, but shall be bound by the record. The appellant and the appellee may present oral arguments pertaining to the record. The extent of the oral arguments shall be at the discretion of the Chairperson. The Board of Appeals shall decide upon all site plan appeals within a reasonable time, not to exceed 45 days from the date on which the appeal was filed.
(5) The Zoning Board of Appeals shall approve the site plan if requirements of this chapter and other applicable township ordinances are met.
(C) Stay. The filing of a site plan appeal shall act to stay the issuance of a final site plan approval, issuances of any certificates of zoning compliance or the issuance of any building permit authorizing improvements on the property which is the subject of appeal.
(Prior Code, Ch. XV, § 12D.17) (Ord. 2001-1, passed 7-17-2001)
§ 157.332 VALIDITY OF FINAL SITE PLANS.
(A) Approval of the final site plan is valid for one year. If actual physical construction of a substantial nature of the on-site utility systems and/or building improvements included in the approved site plan has not commenced and proceeded meaningfully toward completion during that period, the approval of the final site plan shall be null and void.
(B) Final site plans whose approval has expired shall be required to be resubmitted and processed as an original application.
(Prior Code, Ch. XV, § 12D.18) (Ord. 2001-1, passed 7-17-2001)