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 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 of Ionia Master Plan.

(Ord. 390. Passed 3-6-01.)

   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)   Accessory buildings which are more than fifty percent of the size of the largest principal building on site.

   (b)   Staff Level. The Community Development Director 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)   A building which is accessory to the principal building if such accessory building is no more than one half of the size of the largest principal building on site.

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

(Ord. 390. Passed 3-6-01.)

   The Planning Commission or Community Development Director 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.

   Review of site plans by the Community Development Director shall be in accordance with the same procedures, requirements and standards used by the Planning Commission except that the number of site plan copies and the submittal date shall be subject to the discretion of the Director.

   The Community Development Director may waive specific site plan review submittal requirements if it is determined that such requirements are not relevant to the site plan under consideration. The Director shall keep a record of those items specifically waived and document reasons for the waiver.

(Ord. 390. Passed 3-6-01.)

   An application for site plan review along with twelve sets of the site plan shall be submitted to the Community Development Director in accordance with the submittal schedule established by the Planning Commission along with the fee as set by the City Council. The application shall at a minimum contain the following information:

   (a)   The applicant’s name, address and phone number.

   (b)   Proof that the applicant is the owner of the property or has a legal or financial interest in the property, such as a purchase agreement.

   (c)   The name, address and phone number of the owner(s) of record if different than the applicant.

   (d)   The address of the property.

   (e)   A legal description of the property.

   (f)   The current zoning.

   (g)   A project description.

   (h)   The size of the parcel in acres.

   (i)   The signature of the applicant and the owner of the property.

(Ord. 390. Passed 3-6-01.)

   (a)   Upon receipt of the site plan and application, the Community Development Director shall forward copies to the Fire Department and the Department of Public Works and others as necessary for review and subsequent report to the Planning Commission. The Director shall send the application and site plan to members of the Planning Commission prior to the meeting at which it will be considered.

   (b)   A public hearing shall be held for each site plan considered by the Planning Commission. The public hearing shall comply with the Michigan Zoning Enabling Act, PA 110 of 2006 as amended and the other provisions of this section with regard to public notification.

      (1)   Responsibility for public notice. The City Clerk, or his or her designee, shall be responsible for preparing the content of the public notice, having it published and mailed or delivered as provided in this section.

      (2)   Notice requirements. Notice of a public hearing for site plan review shall be given not less than fifteen days before the date of the public hearing. The notice shall be given as follows:

         A.   Newspaper notice. The notice shall be published in a newspaper that circulates in the City.

         B.   Mail and personal notice. The notice shall be sent by first class mail or personal delivery to:

            1.   The owner of property for which approval is being considered, and the applicant, if different than the owner of the property.

            2.   Except for rezoning requests that are proposed for eleven (11) or more adjacent parcels, the notice shall be sent to all persons to whom property is assessed within three hundred (300) feet of the boundary of the property subject to the request, regardless of whether the property or occupant is located within the municipal boundaries of the City. If the name of the occupant is not known, the term "occupant" may be used in making notification. In the case of a single structure containing more than four (4) dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. In structures containing four (4) or fewer dwelling units, only one (1) occupant of each unit must be given notice of the public hearing.

            3.   All neighborhood organizations, public utility companies, airports, railroads, and other persons, which have requested to receive notice pursuant to this section.

      (3)   Record of mailing. The City Clerk, or his or her designee, shall prepare an affidavit of mailing which shall include those to whom the notice was mailed and the date of mailing.

      (4)   Content of notice. The public notice shall:

         A.   Describe the nature of the request.

         B.   Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the subject property. Street addresses do not need to be created and listed if no such addresses currently exist for the property. If there are no street addresses, other means of identified may be used, such as a tax parcel identification number, identifying the nearest cross streets, or including a map showing the location of the property.

         C.   Indicate the date, time and place of the public hearing.

         D.   Include a statement describing when and where written comments will be received concerning the request and a statement that the public may appear at the public hearing in person or by counsel.

      (5)   Registration to receive notice by mail. Any neighborhood organization, public utility company, railroad or any other person may register with the City Clerk to receive written notice of any public hearing held pursuant to Part Twelve, Planning and Zoning, of the City Code.

   (c)   Final site plans shall be drawn at a scale of not more than one inch to 100 feet and shall contain the following information unless specifically waived by the Planning Commission:

      (1)   The date on which the site plan was prepared.

      (2)   The name, address and professional seal of the architect, landscape architect, engineer or professional surveyor who prepared the plan.

      (3)   A north arrow and legal description based upon the most current survey.

      (4)   Property lines, dimensions, and building setback distances and all structures, lot lines and wetlands within 100 feet of the site.

      (5)   Existing and proposed topographic elevations at two-feet intervals on the site and to a distance of fifty feet outside the boundary lines of the site.

      (6)   Direction of storm water drainage and how storm water runoff will be handled as well as a statement describing where storm water will be ultimately discharged such as a creek, stream, lake or wetland.

      (7)   Location of existing and proposed buildings, their intended use, the length, width and height of each building, and the square footage of each building.

      (8)   Location of abutting streets, rights-of-way, service drives, curb cuts, and access easements serving the site, as well as driveways opposite the site and driveways within 100 feet on either side of the site. Also driveway width, curb radii and design of proposed deceleration lanes.

      (9)   Location and size of all water and sanitary sewer lines and storm drainage lines as well as fire hydrants and catch basins, and location of septic tanks and drainfields, and utility easements.

      (10)   Location and type of all sidewalks, bike paths, and other walkways.

      (11)   Location, type and size of any walls, fences or other screening devices.

      (12)   Location of all proposed landscape materials, including size and type of plantings.

      (13)   Location, size and height of all proposed accessory structures, flagpoles, storage sheds, transformers, dumpsters or trash removal areas or devices, and methods of screening, signs, and existing and proposed utility poles. Roof top or outdoor equipment shall also be indicated, including proposed methods of screening where appropriate.

      (14)   Proposed parking areas and access drives showing the number and size of spaces and aisles, loading areas, handicapped access ramps, and the method of surfacing such areas.

      (15)   Exterior lighting showing areas of illumination and type of fixtures as well as the method of shielding lights from adjacent properties and roadways.

      (16)   Location and type of significant existing vegetation, watercourses, and water bodies, including County drains and man-made surface drainageways, floodplains, and wetlands. Vegetation which is to be retained on the site must be illustrated.

      (17)   Location of existing and proposed slopes which are twenty percent or greater.

      (18)   Zoning and land use on adjacent properties.

      (19)   Location and specifications for any existing or proposed above or below ground storage facilities for any chemicals, salts, flammable materials, or hazardous materials as well as any containment structures or clear zones required by this Zoning Code or by State or Federal agencies.

      (20)   The Planning Commission may request architectural elevation drawings of a building and cross-section drawings of the site.

      (21)   Small-scale sketch of properties, streets and zoned uses of land within one-half mile of the site.

   (d)   The final site plan for developments which have been proposed in phases shall generally conform to the approved preliminary plan.

   (e)   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, the environment and natural features.

   In addition, the Commission may request additional studies, graphics or other written materials from the applicant in order to assist in determining the appropriateness of the site plan.

(Ord. 390. Passed 3-6-01; Ord. 443. Passed 1-2-07; Ord. 469. Passed 10-6-09.)

   (a)   The Planning Commission shall review the final 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 Commission shall approve, deny, or approve with conditions the final site plan.

   (b)   If approved, the applicant shall revise the site plan as necessary and submit the final site plan to the Community Development Director to ensure that all revisions as required by the Planning Commission have been made.

   (c)   Upon approval of the final site plan, two copies of this plan shall be stamped as approved, dated, and signed by the Community Development Director. One copy of the approved plan shall be retained by the applicant and one shall be retained by the Director as part of the building permit review process.

   (d)   The Community Development Director shall issue a building permit upon receipt of an approved final site plan, provided that all other applicable City regulations have been met including compliance with the Building and Housing Code.

(Ord. 390. Passed 3-6-01.)

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

   (b)   The Planning Commission shall 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.

   (c)   Landscaping shall be provided and designed in accordance with the City’s landscape provisions.

   (d)   All elements of the site plan shall be designed to take into account the site’s topography, the size and type of lot, the character of adjoining property and the 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.

   (e)   The landscape shall be preserved in its natural state, insofar as practical, by removing only those areas of vegetation or by making those alterations to the topography which are reasonably necessary to develop the site in accordance with the requirements of this Zoning Code. A development shall respect the natural resources of the City.

   (f)   Areas of natural drainage, such as swales, wetlands, ponds, or swamps, 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.

   (g)   The site plan shall provide reasonable visual and sound privacy for all dwelling units located therein. Fences, walks, barriers, and landscaping shall be used, as appropriate, to accomplish these purposes.

   (h)   All buildings or groups of buildings shall be arranged so as to permit necessary emergency vehicle access as requested by the City Fire Department.

   (i)   In recognition that a sidewalk system along City streets would enhance pedestrian safety and conserve energy through non-motorized transportation opportunities, sidewalks shall be required as determined by the Planning Commission during the site plan review process. Sidewalks, if required, shall be constructed in accordance with the City of Ionia sidewalk standards. Additions to or renovations of buildings, existing as of the effective date of this chapter, which require site plan review, shall be subject to the requirements herein. In determining the need for a sidewalk, the following criteria shall be considered:

      (1)   The amount of current and future pedestrian traffic passing by the site.

      (2)   Whether a sidewalk would enhance the safety of pedestrians currently walking by the site as well as the safety of future pedestrians.

      (3)   The existing and future volume of traffic on the street abutting the site.

      (4)   The existence or probability of sidewalks being constructed on adjacent properties in order to create or complete a usable sidewalk system.

      (5)   The location of the proposed use.

      (6)   The location of pedestrian attractors such as schools, churches, public buildings, and shopping opportunities.

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

   (k)   Appropriate measures shall be taken to ensure that removal of surface waters will not adversely affect neighboring properties or the public storm water drainage system. Provisions shall be made to accommodate storm water, prevent erosion, particularly during construction, and prevent the formation of dust. The use of detention/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 in paved areas. The Planning Commission may, in its discretion, require catch basins to contain oil filters or traps to prevent contaminants from being discharged to the natural drainage system.

   (l)   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. Flashing or intermittent lights shall not be permitted. Excessive lighting of buildings or structures shall be minimized to reduce light pollution.

      Street lights which conform to the City of Ionia specifications for street lighting shall be installed within the right-of-way along all streets abutting the parcel. The Planning Commission may, in its discretion, require these same street lights to be installed on the parcel at locations which are close to the street in order to maintain a consistent lighting theme along City streets.

   (m)   Outside storage areas, including areas for the storage of trash shall conform to the regulations contained in Chapter 1060 of these Codified Ordinances.

   (n)   Maneuvering space for trucks using on-site loading areas shall be provided on-premises and shall not necessitate the use of the public right-of-way.

   (o)   Site plans shall conform to all applicable requirements of County, State and Federal statutes, and approval may be conditioned on the applicant receiving necessary County, State and Federal permits before final site plan approval or any occupancy permit is granted.

(Ord. 390. Passed 3-6-01.)

   (a)   As part of an approval to any site plan, the Planning Commission or the Community Development Director, as applicable, may impose any additional conditions or limitations as in its judgment may be necessary for protection of the public interest.

   (b)   Such conditions shall be related to and ensure that the review standards of Section 1276.07 are met.

   (c)   Approval of a site plan, including conditions made as part of the approval, shall apply to the property described in the application, regardless of subsequent changes in ownership.

   (d)   A record of conditions imposed shall be maintained. The conditions shall remain unchanged unless an amendment to the site plan is approved in accordance with this Zoning Code.

   (e)   A record of the decision of the Planning Commission, the reasons for the decision reached and any conditions attached to such decision shall be kept as part of the minutes of the Planning Commission.

   (f)   The Community Development Director may make periodic investigations of developments for which site plans have been approved. Non-compliance with the requirements and conditions of the approved site plan shall be violations of this Zoning Code.

(Ord. 390. Passed 3-6-01.)

   (a)   Approval of the final site plan is valid for a period of not longer than one year unless extended as allowed herein. If actual construction of a substantial portion of the 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 voided.

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

(Ord. 390. Passed 3-6-01.)

   The Planning Commission may require reasonable performance guarantees in order to assure the completion of required improvements. Such performance guarantees may include a performance bond, letter of credit or other written guarantees or assurances deemed satisfactory 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 therein. In its discretion, the Planning Commission may reduce a proportionate share of the amount specified in a performance bond, letter of credit or other written assurance, based upon the percent or other portion of improvements completed, as verified by the Planning Commission or appropriate City official. Furthermore, the Planning Commission may rebate or refund a proportionate share of a cash bond.

(10)   (Ord. 390. Passed 3-6-01.)

   (a)   A person granted site plan approval shall notify the Community Development Director 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 Community Development Director. Determination of a minor change shall rest solely within the discretion of the Administrator. The Administrator may, however, refer a minor change to the Planning Commission for its approval.

   (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 Community Development Director.

(Ord. 390. Passed 3-6-01.)

   (a)   It is recognized that there are existing land uses, buildings, and structures which do not conform to the current regulations of this Zoning Code and as such do not achieve the intended purposes of this Zoning Code. When additions to these uses, buildings, and structures are made so that a site plan review is required per Section 1276.02, the following regulations shall apply.

   (b)   The site development standards used in reviewing site plans shall be applied to existing uses, structures or buildings when they are affected by any expansions, enlargements or increases in intensity. These standards shall be applied if it is determined that as a result of such expansions, enlargements or increases in intensity, any of the following situations exist:

      (1)   Existing stormwater drainage provisions on-site are inadequate to protect nearby lakes, streams or creeks from runoff contaminants or to prevent drainage onto adjoining properties.

      (2)   There is insufficient on-site parking to satisfy current Zoning Code requirements and/or a hard surface parking area is needed to reduce dust and reduce gravel and dirt runoff into the public stormwater drainage system.

      (3)   Existing driveways may result in hazardous vehicle movements and should be closed or relocated.

      (4)   Additional plantings are needed in order to comply with the intent of the City of Ionia landscape regulations or to replace trees and shrubs previously removed, or screening is needed in the form of fencing or landscaping to provide a buffer between uses, particularly to screen materials stored outside.

      (5)   Access to adjoining properties is inadequate and can be improved by way of parking lot connections or installation of service drives to improve traffic circulation and reduce the number of turning movements onto the public street system.

      (6)   Safety for pedestrians can be improved and better emergency vehicle access can be provided.

      (7)   Better lighting conditions are needed to reduce or eliminate nuisance lighting situations for drivers and nearby properties.

      (8)   Screening of dumpsters is needed to improve the appearance of a site and reduce the likelihood of windblown trash.

      (9)   Sidewalks are needed to improve pedestrian safety.

   (c)   In determining how to apply the site plan review standards to address the above deficiencies found on a site, the Planning Commission shall be guided by the following criteria:

      (1)   Whether or not compliance would ensure safer on-site conditions, protect the natural environment, improve traffic circulation, achieve compatibility with adjacent land uses, promote the use of the land in a socially and economically desirable manner and generally accomplish the purposes of site plan review as described in this chapter.

      (2)   The practicality of requiring compliance with the applicable regulations of this Zoning Code based on the existing design, layout, and operation of the existing use and size of the site.

      (3)   Whether or not requiring compliance would have a negative impact on the character, safety, and welfare of the neighborhood or surrounding area.

(Ord. 390. Passed 3-6-01.)