Identify Application. Identify the application and the name, address, and telephone number of the applicant or the applicant's agent.

Date, Time, and Place of Public Hearing. Indicate the date, time and place of the public hearing(s).

Location. Describe the land involved by street address or by legal description and nearest cross street, and area (size).

Describe Nature and Scope of Application. Describe the nature, scope, and purpose of the application or proposal.

Notify Public Where They May Be Heard. Include a statement stating that the public may appear at the public hearing, be heard and submit evidence and written comments with respect to the application.

Written Comments. Include a statement describing where written comments will be received prior to the public hearing.

General. When the provisions of this Ordinance require that written or mailed notice be provided, the City Planner shall be responsible for preparing and mailing the written notice. Notice shall be mailed to:

Notice by Mail/Affidavit. Notice shall be deemed given when deposited during normal business hours for delivery with the United States postal service or other private or public delivery service as first class or similar mail, properly addressed and postage or delivery service paid. The City Planner shall prepare a list of property owners and registrants to whom notice was mailed.

Review and Recommendation by Planning Commission. After submission of an application for a text amendment, amendment to the Zone District Map or rezoning to Planned Unit Development Overlay (PUD-O) district classification, determination of its sufficiency, preparation of the Staff Report, and scheduling of the application for public hearing(s), the Planning Commission shall conduct a public hearing on the application pursuant to § 8.2: Public Hearing Procedures. At the public hearing, the Planning Commission shall consider the application, the relevant support materials, the Staff Report, and the public testimony and other evidence given at the hearing. Within a reasonable period of time after the close of the public hearing, the Planning Commission shall make a recommendation to the City Commission recommending either to approve, approve with conditions (if appropriate) or disapprove the application based on the relevant review standards. The final report with the recommendation shall be forwarded to the City Commission.

Review and Action by City Commission.

Notice of Adoption. Notice of the adoption of an amendment to the text of this Ordinance or the Zone District Map (Rezoning) shall be published in a newspaper of general circulation within 15 days after the date of adoption pursuant to MCLA § 125.584(7), as amended.

Substantial Change in Circumstances. There is a substantial change in circumstances relevant to the issues or facts considered during review of the application that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the application; or

New or Additional Information. New or additional information is available that was not available at the time of the review that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed; or

New Application Materially Different. A new application is proposed to be submitted that is materially different from the prior application; or

Material Mistake of Fact. The final decision on the application was based on a material mistake or omission of fact that, if known, would likely have resulted in a different determination.

General. The body conducting the public hearing may, on its own motion or at the request of any person, continue the public hearing to a fixed date, time and place. An applicant shall have the right to request and be granted one continuance; however, all subsequent continuances shall be granted at the discretion of the body conducting the public hearing only upon good cause shown.

Notice. A public hearing for which proper notice was given may be continued to a later date without again complying with the notice requirements of this section, provided that the continuance is set for a date within 30 days, or to the next regularly scheduled meeting, and the date and time of the continued hearing is announced at the time of the continuance.

Amendment to the Text of This Ordinance. A petition to amend the text of this Ordinance may be initiated by the City Commission, the Planning Commission, City staff, an owner of property in the City, or a citizen of the City.

Amendment to Zone District Map. A petition to amend the Zone District Map (Rezoning) may be initiated by the City Commission, the Planning Commission, City staff, or pursuant to § 8.1A: Authority to File Applications.

Consistent With Comprehensive Plan. Whether and the extent to which the proposed amendment is consistent with the Comprehensive Plan.

Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment.

Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.

Compatible With Surrounding Uses. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land, or the proposed amendment to the text of this Ordinance will maintain or improve compatibility among uses and will ensure efficient development within the City.

Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern.

Overview. A Planned Unit Development Overlay (PUD-O) District shall constitute an amendment to the Zone District Map. It shall be controlled by a PUD Plan and PUD Agreement that is approved as part of the Planned Unit Development Overlay (PUD-O) zone district classification. The procedure requires review and recommendation of approval, approval with conditions or disapproval by the Planning Commission and review and approval, approval with conditions or disapproval by the City Commission. Subsequent to development of a Planned Unit Development Overlay (PUD-O) district, a site plan shall be approved pursuant to § 8.3.H: Site Plan.

General. The procedures and requirements for a Planned Unit Development Overlay (PUD-O) district classification shall comply with the requirements of § 8.1: General Provisions.

Development Parameters.

Signs. Signage complies with Chapter 7: Signs, except that signage standards may vary from Chapter 7: Signs, if a comprehensive sign plan for the proposed development is submitted that is determined to be suitable for the PUD Plan, and it is consistent with the intent and purpose of the sign regulations.

Public Facilities.

Open Space. The development proposed in the PUD Plan complies with the following open space standards:

Natural Resource and Environmental Protection. The PUD Plan complies with the current regulatory standards of this Ordinance and other relevant City, state and federal regulations related to natural resource and environmental protection.

Phasing. The PUD Plan includes a phasing plan for the development, if appropriate, with specific build-out dates and the necessary components to insure protection of natural resources and the health, safety, and welfare of the users of the planned unit development and the residents of the surrounding area. If development of the planned unit development is proposed to occur in phases, then guarantees shall be provided that project improvements and amenities that are necessary and desirable for residents of the project, or that are of benefit to the City, are constructed with the first phase of the project, or, if this is not possible, then as early in the project as is technically feasible.

Consistent With Comprehensive Plan. The PUD Plan is consistent with the City's Comprehensive Plan.

Complies With This Ordinance. The PUD Plan complies with all other relevant requirements of this Ordinance.

General. The approval of a PUD Plan, and PUD Agreement if applicable shall be null and void unless construction of required improvements is commenced and diligently pursued to completion, and a site plan is submitted for at least the initial phase of the PUD Plan within three years after the date of approval of the Planned Unit Development Overlay (PUD-O) Overlay zone district classification. Such time period will not be extended with transfer of ownership.

One Extension. Upon written request, one extension of time may be granted by the City Commission for a period not to exceed one year for good cause shown. No request for an extension shall be considered unless a written request is submitted to the City Planner no later than 30 days prior to the date the PUD Plan is to expire. The approval shall be deemed extended until the City Commission has acted upon the request for extension. Failure to submit an application for an extension within the time limits established by this section shall render invalid the PUD Plan, and PUD Agreement if applicable.

Effect of Invalidation. If an adopted PUD Plan, and PUD Agreement if applicable, becomes invalid through the operation of Subsection (a) or (b) above, no further development within the approved PUD-O zone district may take place until a new PUD Plan, and PUD Agreement if applicable, has been approved in the same manner required for the approval of the original PUD Plan. At any time after the invalidation of a PUD Plan, and PUD Agreement if applicable, the City Commission may, upon its own initiative, rezone the property in the approved PUD-O districts back to the zone district that existed prior to the approval of the PUD-O district, or to any other zone district consistent with the Comprehensive Plan.

Height. An increase of building height by not more than 10%, as long as the height increase is consistent with the contextual height of the surrounding buildings and structures and the PUD Plan.

Alteration of the Building Envelope. Alteration of the building envelope of up to 10%, provided such alteration does not materially change the design of the development approved in the PUD Plan, and does not change the number of stories, density or intensity.

Reduction of Open Space. Reduction of the total amount of open space by not more than 1%, as long as 20% of the project is maintained in open space.

Parking Spaces. A decrease of parking spaces by not more than 5%, if it is demonstrated that the minor deviation complies with requirements of § 6.1: Off-Street Parking and Loading.

Relocation of Buildings. Relocation of buildings or uses, as long as they maintain the same general building relationships, topography, landscaping, and utility design and are consistent with the PUD Plan, as long as any required setbacks are maintained.

General. The Planning Commission, in accordance with the procedures and standards of this section, shall review, consider and approve, approve with conditions or disapprove special use permits.

Uses Authorized. Only those uses authorized as special uses in § 4.1: Use Table, may be approved as special uses. The designation of a use as a special use in § 4.1: Use Table, does not constitute an authorization that such use shall be approved as a special use pursuant to this section. Rather, each proposed special use shall be evaluated by the Planning Commission for compliance with the standards set forth in this section and the applicable supplementary standards for the use in § 4.2: Use Standards.

Compatibility. The proposed special use is appropriate for its proposed location and compatible with the character of surrounding land uses and the uses permitted in the zone district(s) of surrounding lands.

Zone District Use Standards. The proposed special use complies with § 4.2: Use Standards.

Location and Design Minimizes Adverse Impact. The location and design of the proposed special use minimizes adverse effects, including visual impact of the proposed use on adjacent lands by:

Design Minimizes Environmental Impact. The proposed special use minimizes environmental impacts, and conforms to all relevant environmental protection standards of this Ordinance, or any other state or federal laws.

Off-Site Roads. There is adequate road capacity available to serve the proposed special use.

Road Ingress and Egress. The proposed special use is designed to ensure safe ingress and egress onto the site and safe road conditions around the site.

Impact on Other Public Facilities. There are adequate potable water, wastewater, solid waste, park, police, and fire/EMS facilities to serve the proposed special use.

Access for Fire, Police, and EMS. The proposed special use is located and designed so that adequate access onto the site is provided for fire, police, and EMS services.

Site Development Standards. The proposed special use complies with the appropriate standards in Chapter 6: General Development Standards.

Other Relevant Standards of This Ordinance. The proposed special use complies with all standards imposed on it by all other applicable provisions of this Ordinance for use, layout, and general development characteristics.

General. There are two types of variances allowed under the terms of this Ordinance: dimensional variances and use variances.

Dimensional Variances. Dimensional variances are deviations from the height, setback, yard, lot coverage, parking, landscaping and signage standards of this Ordinance, when owing to special circumstances or conditions (such as exceptional topographical conditions, narrowness, shallowness, or the shape of a specific parcel of land), the literal enforcement of the provisions of this Ordinance would result in peculiar and practical difficulties to the owners of the land, and the deviation would not be contrary to the public interest.

Use Variances. Use variances are variations from the schedule of permitted uses in a zone district established pursuant to § 4.1: Use Table, when owing to unnecessary hardship uniquely associated with the property, this Ordinance unreasonably restricts the property owner's use of permitted uses.

No Increase in Residential Density. A request to modify lot requirements to increase the permitted density of new residential development shall not be considered a variance and is prohibited (e.g., a lot modification that increases the number of permitted dwelling units on a lot shall not be allowed).

Dimensional Variance. The Zoning Board of Appeals shall approve a dimensional variance on a finding there is competent, material, and substantial evidence in the record that all of the following standards are met:

Use Variance. The Zoning Board of Appeals shall approve a use variance on a finding there is competent, material, and substantial evidence in the record that all of the following standards are met:

Initiation of Appeal. An appeal pursuant to this section shall be initiated by filing a written appeal of the administrative decision/determination within 30 days of the date of the order, decision, determination or interpretation.

Contents of Appeal. The written appeal of the administrative decision/determination from the allegedly aggrieved person shall include a statement of the error or improper order, decision, determination or interpretation, the date of that decision, and all support materials related to the decision. A nonrefundable filing fee as set by resolution of the City Commission shall also be submitted.

Forwarding Record to the Appellate Body. Upon receiving the written appeal of the administrative decision/determination, the City Planner or other administrative official whose decision/determination is being appealed, shall transmit the written appeal of the administrative decision/determination and all papers, documents and other materials relating to the order, decision, determination or interpretation that is appealed to the Zoning Board of Appeals. This material shall constitute the record of the appeal.

Scheduling of Notice and Hearing. The City Planner shall schedule a hearing on the matter at the next regularly scheduled Zoning Board of Appeals meeting by which time notice can be provided consistent with the requirements of § 8.1I.3: Written (Mailed) Notice.

Action by Zoning Board of Appeals. At the hearing on the appeal, the appellant or the appellant's agent shall state the grounds for the appeal and identify any materials or evidence from the record to support the appeal. The City Planner or other administrative official whose action is the subject of the appeal shall be given an opportunity to respond, as well as any other person(s) the Zoning Board of Appeals deems necessary. After the conclusion of the hearing, the Zoning Board of Appeals shall affirm, partly affirm, modify, or reverse the order, decision, determination, or interpretation, based on the standards in § 8.3F.3: Standards. The concurring vote of a majority of the members of the Zoning Board of Appeals shall be necessary to reverse any order, decision, determination, or interpretation on appeal.

General. The procedures and requirements for initiation of an application, the application contents, fees, application submission, and review of the application by City staff shall comply with those relevant provisions in § 8.1: General Provisions.

Action by City Planner. Within 30 days after the application is determined sufficient, the City Planner shall review the application and approve, approve with conditions or disapprove the administrative adjustment based on the standards in § 8.3G.3: Standards.

General. The requested adjustment eliminates an unnecessary inconvenience to the applicant, is not inconsistent with the character of development in the surrounding area and will not result in incompatible land uses;

Mitigates Adverse Impacts. Any adverse impacts resulting from the administrative adjustment will be mitigated to the maximum extent feasible; and

Technical Nature/Compensates for Unusual Aspect of Site. The administrative adjustment is of a technical nature and is required to compensate for some unusual aspect of the site or the proposed development that is not shared by landowners in general. For example: If a lot slopes so sharply at the property boundary that the primary structure would not be visible even without the minimum setback, and the shape of the lot makes it difficult to meet the setback, an administrative adjustment to a smaller setback may be appropriate.

Consultation and Cooperation. Foster consultation and cooperation between property owners proposing to develop land and the City.

Balance Property Rights and Community Goals. Balance rights of the property owner with the development goals of the City and the rights of adjacent landowners.

Minimize Adverse Impacts on Investments of Surrounding Landowners. Minimize adverse impacts of development on the investments of surrounding landowners.

Minimize Impacts on Environment, Drainage, Soil Erosion, and Stormwater Control. Ensure site design minimizes negative impacts on the environment, drainage, soil erosion, and stormwater control.

Development Consistent With Surrounding Character and Goals of Comprehensive Plan. Ensure the arrangement, location and design of development is consistent with the character of the area and the goals of the Comprehensive Plan.

Minimize Impact on Roads. Ensure site design minimizes negative impacts on roadway capacity, the safety of motorists and pedestrians, utilities, and community facilities and services.

Safe and Efficient Circulation. Ensure safe and efficient circulation for motorized and nonmotorized traffic and pedestrians within and adjacent to sites.

Gradual Upgrade of Nonconforming Sites. Provide for the gradual upgrade of existing sites that do not conform with current standards.

Thorough Evaluation of Development. Ensure a thorough evaluation of development in relation to the goals of the Comprehensive Plan, with emphasis on preserving aesthetics, the environment, historic resources, property values, quality of life, and other public health, safety and welfare objectives.

One- or Two-Family Dwelling. The development or expansion of a one-family or two-family dwelling unit.

Dwelling Unit in Mobile Home Park. Placement of a dwelling unit in an approved mobile home park.

Internal Construction Not Increasing Intensity or Parking Requirement. The internal construction or change in the floor area of a structure that does not increase gross floor area, increase the intensity of use or affect parking requirements on a site that meets all development and site design standards of this Ordinance.

Site Clearing Within Area Less Than 1/2 Acre. Grading, excavation, filling, soil removal, creation of ponds or clearing of trees within an area of less than 1/2 acre in size.

Temporary Uses. Temporary uses.

Minor Development or Expansion. Expansion or new structures up to and including 250 square feet in area.

Sketch Plan Review. Sketch plan review is required of smaller sized development and development with potentially less impacts. Except for development in the CBTR District, it requires review and approval, approval with conditions or disapproval by the Site Plan Review Committee (SPRC). Sketch plan review in the CBTR District requires review and approval by the SPRC and review and final action by the Planning Commission.

Full Site Plan Review. Full site plan review is required of larger sized development, and development with potentially greater impacts. Except for development in the CBTR District, it requires review and approval, approval with conditions or disapproval of a preliminary site plan and then a final site plan by the SPRC. Preliminary site plan and then final site plan review in the CBTR District requires review and approval by the SPRC and then review and final action by the Planning Commission. The applicant may consolidate review of the preliminary site plan and final site plan. The preliminary site plan presents the proposed development concept with sufficient information to enable the review board to determine whether the concept complies with the review standards of this section. The final site plan requires submission of detailed information about the proposed development with exact dimensions, representing a firm commitment about development of the site.

Sketch Plan Review, Except in CBTR District. Sketch plan review shall follow the following procedure, except in the CBTR District.

Sketch Plan Review in CBTR District. The procedure for the review of a sketch plan in the CBTR District shall be the same as the procedure for a sketch plan established above (§ 8.3H.6.a), except that after the sketch plan is approved or approved with conditions by the SPRC, it shall be placed on the agenda of the next regularly scheduled Planning Commission meeting by the City Planner, along with a written report from the SPRC. At the meeting the Planning Commission shall review the sketch plan, the written report from the SPRC and all other relevant information and testimony, and approve, approve with conditions or disapprove the sketch plan based on the standards in § 8.3H.7: Standards.

Full Site Plan Review, Except in CBTR District.

Full Site Plan Review in the CBTR District. The procedure for full site plan review in the CBTR District shall be the same as the procedure for full site plan review established above (§ 8.3H.6.c), except that after final site plan is approved or approved with conditions by the SPRC, it shall be placed on the agenda of the next regularly scheduled Planning Commission meeting by the City Planner, along with a written report containing the SPRC's findings. At the meeting, the Planning Commission shall review the final site plan, the written report, and all other relevant information and testimony, and approve, approve with conditions or disapprove the plans based on the standards in § 8.3H.7: Standards.

Uses. The uses in the site plan comply with § 4.1: Use Table.

Zone District Use Standards. The development and uses in the site plan comply with § 4.2: Use Standards.

Site Configuration. All elements of the site plan are harmoniously and efficiently organized in relation to topography, the size, and type of the lot, the land use character of adjoining properties and the types and size of buildings, and are consistent with any adopted plans for the area and standards or guidelines for location of structures on the site.

Not Adversely Affect Development or Improvement of Surrounding Property. The development proposed in the site plan does not adversely affect the normal and orderly development or improvement of surrounding property for uses permitted in Table 4.1, Use Table.

Not Adversely Impact on Surrounding Land Uses and Zoning. The development proposed in the site plan is harmonious with, and not harmful or injurious to existing and planned future uses in the immediate area. The proposed development will be coordinated with improvements serving the subject property and with the other developments in the vicinity.

Design and Development Standards in Historic Districts and CCBI). The development proposed in a site plan located within local historic districts, other historically designated areas or within the CCBD district conforms to all applicable design and development standards.

Preservation of Historic Resources. The site plan demonstrates judicious effort to preserve and protect historic resources to the greatest extent reasonable, and the site plan meets all federal, state, and local regulations pertaining to historic resources.

Open Space. Open space is distributed and conveniently located physically with respect to the overall development, will be accessible to all residents of the development and is located to meet the needs of the residents or occupants. Open space shall be rationally coordinated with open space features of adjacent areas and enhance the natural features of the site.

Preservation of Natural Features. The site plan demonstrates judicious effort to preserve the integrity of the land, existing topography, natural features (i.e., slopes, woodlands, etc.) and natural drainage patterns. Regulated and nonregulated wetlands are preserved or modified in a legal manner.

Preservation of Woodlands and Trees. The site plan demonstrates judicious effort to preserve existing woodlands, understory, and individual quality trees to the greatest extent reasonable.

Greenbelts, Landscaping, and Screening. Proposed landscaping complies with the standards of § 6.2: Landscaping, and all other applicable landscaping and screening requirements of the City. Greenbelts along public street frontage and buffer zones from adjacent zone districts shall be provided where required. Parking lot landscaping is provided as required in § 6.2: Landscaping. The amount, type, and minimum size of landscaping shall be identified in a plant list with appropriate labeling on the landscaping plan.

Stormwater Management. Stormwater management is consistent with all federal, state and City regulations. The development will not substantially reduce the natural retention storage capacity of any watercourse, increase the potential for flooding, or increase the stormwater runoff from the site. Provisions are made to accommodate stormwater that complements the natural drainage patterns and wetlands, prevents erosion and the formation of dust. On-site storage, sedimentation ponds, or plantings may be required to reduce stormwater runoff or to filter stormwater so that it is of an acceptable quality when it returns to the aquifer. Vegetation (preferably vegetation native to Southwest Michigan) shall be used in the stormwater management system when feasible. Stormwater runoff on paved areas shall be collected at intervals not obstructing the flow of vehicular or pedestrian traffic, and will not create standing water or cause unnecessary erosion of soil or other material. The proposed development shall comply with the regulations of the City of Kalamazoo's "Performance Standards for Groundwater Protection within Wellhead Protection Capture Zones and Stormwater Quality Management."

Soil Erosion Control. The site plan is designed to meet or exceed all soil erosion standards and regulations of the City.

Traffic Impacts and Mitigation. The site plan is designed so the location and design of driveways are safe in relation to streets giving access to the site and in relation to pedestrian traffic. Traffic improvements shall be planned to accommodate the needs of the development proposed in the site plan.

Access, Internal Streets, and Circulation. The site plan is designed so safe, convenient and well defined vehicular circulation is provided within and accessing the site. Access to the site is designed to minimize conflicts between vehicles and pedestrians, and with traffic using adjacent streets and driveways. All streets and driveways are in accordance with the standards of the City. Service drives are provided where needed, and meet requirements of City regulations.

Nonmotorized Transportation and Circulation. The site plan is designed so safe and convenient pedestrian and bicycle circulation is provided within and accessing the site, according to the City's Nonmotorized Transportation Plan, including sidewalks, pathways, walkways, trails, bicycle routes and paths, sky-walks, and/or other nonmotorized transportation corridors. In accordance with Section 6.1 M. of this ordinance, bicycle parking spaces shall be provided on all properties that are subject to the site plan review process.

Emergency Vehicle Access. The site plan is designed so adequate access is provided for emergency vehicles to the site and all buildings or groups of buildings.

Parking and Loading Spaces. The number and dimensions of off-street parking and loading/unloading spaces, and the design of parking and loading areas, comply with the requirements of § 6.1: Off-Street Parking and Loading. The site provides barrier free parking and access in compliance with all applicable federal, state and City regulations.

Waste Receptacles. Waste receptacles (e.g., dumpsters, compactors and individual recycle stations) proposed in the site plan comply with all appropriate City regulations and are screened pursuant to § 6.3D: Screening of Waste Receptacles.

Exterior Lighting. Exterior lighting proposed in the site plan complies with § 6.6: Operational Performance Standards, and all other applicable City regulations. Exterior lighting is arranged so it is deflected away from adjacent properties and it does not impede the vision of traffic along adjacent streets.

Signs. Signage proposed in the site plan complies with Chapter 7: Signs, and is generally complementary with surrounding signage and does not impede adjacent traffic operations.

Storage of Potentially Hazardous Materials or Waste. Any uses in the site plan utilizing storing or handling of hazardous material provides secondary containment facilities and documentation of compliance with all appropriate state and federal regulations.

Utilities. The site plan provides adequate utility services. All new utility distribution lines (public or private) shall be placed underground, when feasible. Proposed utilities shall be approved by the City Engineer.

Groundwater Protection. The site plan is designed to comply with all applicable federal, state, and City groundwater protection requirements. The proposed development shall comply with the regulations of the City of Kalamazoo's "Performance Standards for Groundwater Protection within Wellhead Protection Capture Zones and Stormwater Quality Management."

Phasing. Any phases of development in the site plan are in logical sequence so that any phase will not depend upon a subsequent phase for adequate access, public utility services, drainage, or erosion control. The review board may require a phasing plan with each submittal.

Agency Coordination. The applicant has demonstrated the site plan meets the standards of other government agencies, where applicable.

Site Development Standards. The development proposed in the site plan and its general layout and design comply with all appropriate standards in Chapter 6: General Development Standards.

Other Relevant Standards of This Ordinance. The development proposed in the site plan and its general layout and design comply with all other relevant standards of this Ordinance, and is consistent with public health, safety, and welfare.

General. The review body may require a performance guarantee to ensure completion of the site improvements (excluding building) for the site plan. The performance guarantee may take the form of a cash deposit, surety bond, certified check, or an irrevocable bank letter of credit.

Determination of Amount, Deposit and Rebate. The amount of the performance guarantee shall be determined by the City Engineer and the City Planner. The applicant shall deposit the performance guarantee with the City Treasurer prior to application for a construction permit. If the required improvements take longer than six months to complete, the City Planner shall authorize a rebate of any cash deposit in proportion to the amount of work that has been completed in accordance with the approved sketch plan or final site plan.

Minor Variations in Layout. Minor variations in the design layout of the development.

Residential Floor Area. An increase or decrease in residential floor area of 5% or less of the site plan.

Nonresidential Floor Area. An increase or decrease in commercial, industrial, institutional, semi-public, organizational and other nonresidential floor area of 5% or less of the site plan.

Finished Grades or Heights of Landscape or Screening Berms. Increases or decreases from the planned finished grades or heights of landscape or screening berms within two feet.

Trees, Shrubs, Ground Cover. Changes in the species, sizes of specimens or spacing of required trees, shrubs, or the type of ground cover to be used as designated on the site plan.

Finished Surface. Changes in the type of finished surface of walks, roads, drives, parking lots and loading and unloading paved areas.

Height. Increases in the height of buildings or structures by less than 10%.

Walls, Fencing, or Screening. Increases or decreases of the length or height of walls, fencing or screening by 20% or less.

Accessory Uses. Additions or deletions of permitted accessory uses to the approved principal uses designated on the site plan.

Right-of-Ways and Public or Private Easements. Additions, deletions or relocations of rights-of-way and public or private easements or adjustments to accommodate essential services for the proposed development or developments on adjacent properties.

Changes Due to Unforeseen Natural or Environmental Conditions or Natural or Constructed Features. Additions to accommodate changes due to unforeseen natural or environmental conditions or natural or constructed features e.g. underground water or geological features, existing structures and improvements and items of historical or other significance.

General. It shall be the responsibility of the owner of a property for which a sketch plan or final site plan has been approved to maintain the property in accordance with the approved site design on a continuing basis until new zoning regulations supersede the regulations upon which the approval was based, or until a new site design is approved pursuant to this section. This maintenance requirement includes healthy landscaping walls, fences, pavement, pavement markings, signs, building exterior, drainage facilities, and all other elements of a site. Any property owner who fails to maintain an approved site design shall be deemed in violation of the use provisions of this Ordinance and shall be subject to the penalties appropriate for a use violation.

Condominium Projects. With respect to condominium projects, the Master Deed shall contain provisions describing the establishment of a condominium association and the responsibilities of the condominium association, condominium owners, and public entities, with regard to maintenance of the property in accordance with the approved sketch plan or final site plan on a continuing basis. The Master Deed shall further establish the means of permanent financing for required maintenance and improvement activities that are the responsibility of the condominium association. Failure to maintain an approved sketch plan or final site plan shall be deemed a violation of the use provisions of this Ordinance and shall be subject to the penalties appropriate for a use violation.

Initiation, Application and Contents, Fees and Submission. The procedures for initiation of an application for a sign permit, the application contents, fees, application submission and sufficiency determination shall comply with those relevant provisions in § 8.1: General Provisions.

Action by Zoning Inspector. After the application is determined sufficient, the Zoning Inspector shall review the application and determine whether the application complies with the standards in Chapter 7: Signs.

Approval. If the Zoning Inspector finds that the application complies with the standards in Chapter 7: Signs, the Zoning Inspector shall approve the sign permit.

Fails to Comply.

Initiation, Submission and Review of Application. The procedures for initiation of an application for a temporary use permit, the application contents, fees, application submission, sufficiency determination and review of the application by City staff shall comply with those relevant provisions in § 8.1: General Provisions.

Action by City Planner. Within 30 days after the application is determined sufficient, the City Planner shall review the application and approve, approve with conditions or disapprove the application for temporary use permit based on the relevant standards in § 4.3 Accessory and Temporary Uses and Structures.

Receipt of Construction Permit Application From Building Official. Where appropriate, after receipt of an application for a construction permit, the Building Official shall forward the construction permit application to the Zoning Inspector for review pursuant to the procedures and standards of this section.

Action by Zoning Inspector. After receipt of a construction permit application from the Building Official, the Zoning Inspector shall review the application and approve or disapprove the application based on the standards in § 8.3K.4: Standards. If the application is approved, an approval of zoning compliance shall be issued.

Submission of Request for Interpretation. Before a written interpretation shall be provided by the City Planner, a request for interpretation shall be submitted to the City Planner in writing in a form established by the City Planner and made available to the public.

Determination of Sufficiency. Within seven days after a request for interpretation has been submitted, the City Planner shall determine whether it is sufficient.

Rendering of Interpretation. Within 30 days after the request for interpretation has been determined sufficient, the City Planner shall review and evaluate the request in light of the Comprehensive Plan, this Ordinance, the Zone District Map, and other relevant codes and statutes, consult with the City Attorney or other effected City staff, and then render an interpretation.

Form. The interpretation shall be in writing and sent to the applicant by mail within seven days after the interpretation is made by the City Planner.

Application for an Appeal for Beneficial Use Determination. An appeal for a beneficial use determination may be filed by a landowner at any time with the City Planner, along with an application fee established pursuant to § 8.1E: Fees.

Contents of Application. The application shall be submitted in a form established by the City Planner and made available to the public, and shall include the following:

Determination of Sufficiency. The City Planner shall determine if the application is sufficient and includes data in sufficient detail to evaluate the application to determine if it complies with the appropriate substantive requirements of this section.

Establishment of Date for Hearing by Hearing Officer and Notice. Within 30 calendar days of the date that the application has been determined sufficient by the City Planner, the Hearing Officer shall schedule a hearing on the appeal for beneficial use determination. The City Planner shall provide the applicant and all landowners within 300 feet of the land subject to the appeal for beneficial use determination at least 15 days notice of the hearing by regular mail.

Hearing by Hearing Officer. At the hearing, the applicant or the applicant's representative shall present the applicant's case and the City Attorney shall represent the City. All evidence presented shall be under oath, and the parties involved shall be permitted to cross-examine witnesses. The sworn testimony and evidence shall pertain to the standards set forth in § 8.3M.4: Beneficial Use Standards, as to whether the applicant has been deprived of an economically beneficial use of the land and the standards in § 8.3M.5: Granting of Relief, pertaining to the degree of relief needed to provide the landowner with an economically beneficial use of the land.

Findings of the Hearing Officer. Within 30 days of the close of the hearing, the Hearing Officer shall prepare recommended findings of fact and a proposed order for the consideration of the City Commission. The findings and recommendations of the Hearing Officer as to whether the land is provided economically beneficial use shall be based on the evidence submitted and the standards in § 8.3M.4: Beneficial Use Standards. If the Hearing Officer finds that the applicant has been denied economically beneficial use of the subject land, then the Hearing Officer shall recommend a use that permits an economically beneficial use and results in a minimum change from the regulations of this Ordinance as they apply to the subject land, pursuant to the standards set forth in § 8.3M.4: Beneficial Use Standards, and § 8.3M.5: Granting of Relief, or other relief as is determined appropriate. The Hearing Officer's recommended findings of facts and proposed order shall be in writing and shall detail the basis of the conclusions from the record of the hearing.

Action by City Commission. The City Planner shall schedule a hearing before the City Commission within 30 days of the date the Hearing Officer issues the recommended findings of fact and proposed order. The City Planner shall provide the applicant and all landowners within 300 feet of the land subject to the appeal for beneficial use determination at least 15 days notice of the hearing by mail. At the hearing, the City Commission shall approve the findings of fact and proposed order of the Hearing Officer, or may attach conditions, modify, or reverse the findings of fact or proposed order of the Hearing Officer, based on the standards of § 8.3M.4: Beneficial Use Standards, and § 8.3M.5: Granting of Relief. If the City Commission attaches conditions, modifies or reverses the findings of fact or proposed order, it shall do so only where the record of the hearing indicates that the Hearing Officer is unsupported by the record, or that the proposed order is not in conformance with the standards of § 8.3M.4: Beneficial Use Standards, and § 8.3M.5: Granting of Relief.

Economically Viable Use. In making the determination of whether the land is provided an economically beneficial use, the Hearing Officer/City Commission shall first evaluate the uses of the land as provided by this Ordinance and the uses of land in relation to the uses provided similarly situated lands. For the purposes of this section, economically beneficial use means the opportunity to make a return equivalent to that which would have been received from a conservative financial investment. Transitory economic issues shall not be relevant to this determination.

Diminution in Value. The market value of the land, as established by the comparable sales approach, prior to adoption of this Ordinance, which caused the landowner to apply for relief shall be compared to the market value of the land, as established by the comparable sales approach, with the regulations as applied. Market value of the land prior to the adoption of this Ordinance shall constitute its highest and best use on (one day prior to the effective of this Ordinance, as amended) or the date of purchase of the land, whichever is later, and any other land value/appraisal information that the applicant would like to be considered. All appraisals shall be proposed by qualified licensed appraisers, and shall follow the best professional practices as established by the profession. A mere diminution in market value is not sufficient to support a determination of denial of economically beneficial use.

External Costs.

Current State of the Law. The state of the law established by the United States Supreme Court, the federal Circuit Courts of Appeals, and the Michigan Supreme Court, relevant to these standards.

Relief. If the finding is that a landowner has been deprived economically beneficial use of land, or is otherwise entitled to relief pursuant to the standards of this section, relief shall be granted.

General. In granting relief, the Hearing Officer may recommend and the City Commission may adopt any legally available incentive or measure reasonably necessary to offset any substantial economic hardship, and may condition such incentives upon approval of specific development plans. If there is a finding that the denial of the application would create a substantial economic hardship, the Hearing Officer may recommend and the City Commission may consider additional relief to provide an appropriate increase in market value or other benefit or return to the applicant sufficient to offset the substantial economic hardship. The types of incentives that the Hearing Officer may recommend and the City Commission may consider includes, but are not limited to, the following:

Minimum Increase. In granting relief, the landowner shall be given the minimum increase in use density/intensity or other possible concessions from this Ordinance in order to permit an economically viable use of the land or a use that is determined to be required by law. The highest use, or even an average or generally reasonable expectation, is not required or intended as the appropriate remedy. The following guidelines shall be used for determining the minimum economically beneficial use of land and, therefore, the amount of relief to be granted a landowner in order to reach that minimum.