The purpose of site plan review is to provide for consultation and cooperation between the land developer and the Village of Lawton to accomplish the developer's objectives in harmony with the existing and prospective use and development of existing properties. It shall further be the purpose of this Section to ensure that each proposed development and its components, appearance, and function complies with this Ordinance, other Village ordinances, along with state and federal laws. The site plan review procedures and standards of this Section are intended to provide a consistent and uniform method of review for proposed development plans. Through the application of the following provisions the attainment of the development goals contained in the Village of Lawton Planning Commission will be assured.

A.

A building permit is required for any structure over one hundred twenty (120) square feet in size, or as required by the Building Code. A property survey should be included with dimensioned setbacks and other details that meet the requirements of this Ordinance. However, submission of a full site plan as described in this Section is not required in the following circumstances:

1.

Single-unit detached and two-unit attached dwellings in residentially zoned areas.

2.

Accessory building or accessory dwelling unit in residentially zoned areas.

3.

Agricultural accessory buildings when located in agriculturally zoned areas.

B.

When a Site Plan Is Required. Submission of a site plan will occur for any development or use for which a site plan is required by the provisions of this Ordinance, including but not limited to:

1.

All commercial and non-residential uses;

2.

Any proposal to change, replace with a different use, or add a use on an existing site;

3.

All PUD requests;

4.

All condominium developments; and

5.

Wireless communication facilities.

C.

Application Process. An application for site plan review shall be made to the Village by filing not less than nine (9) copies of an application form and a detailed site plan with the Village Clerk at least thirty (30) days in advance of a regularly scheduled Planning Commission meeting. Fees are required to be paid in accordance with the fee schedule as established by the Village Council.

D.

Application Contents. The application shall contain:

1.

The applicant's name, address, and phone number.

2.

The address and parcel number of the property.

3.

A signed statement that the applicant is the owner of the property or has legal financial interest in the property.

4.

The name and address of owner(s) of record if the applicant is not the owner of record.

5.

Project description:

a.

The gross and net acreage of all lots or parcels in the project.

b.

Existing zoning classification, land uses, and structures on the subject lots or parcel(s).

c.

The name and address of the developer, site engineer, architect, and/or land surveyor.

d.

Project completion schedule/development phases.

6.

If in the opinion of the Village such information is necessary, written statements relative to project impacts on existing infrastructure and on the natural environment of the site and of adjoining lands.

7.

Site Plan Information: Each submittal for site plan review shall be accompanied by a detailed site plan consisting of an accurate drawing showing the entire site and all land within three hundred (300) feet of the site. The scale of the site plan shall not be less than 1 inch = 50 feet if site is less than three (3) acres, and 1 inch = 100 feet if the site is three (3) acres or more. If multiple sheets are used, each shall be labeled and the preparer shall be identified. The following information shall be included on the site plan:

a.

Name of the development and general location sketch.

b.

Name, address, and phone number of owner(s), developer, site engineer, architect, and/or designer.

c.

North arrow, scale, and date of original drawings and revisions.

d.

A legal description and address of the site.

e.

The area of the site in square feet and acres excluding all existing and proposed rights-of-way.

f.

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

g.

Existing topographic elevations at two (2) foot intervals, including ground elevations of all existing buildings and structures and any unusual surface conditions.

h.

The location and elevations of existing water courses and water bodies, including county drains and man-made surface drainage ways, floodplains and wetlands.

i.

Any site amenities and unique features.

j.

Existing land uses and zoning classifications of the site and adjacent parcels.

k.

All required minimum setbacks from existing or proposed rights-of-way and from adjacent parcels.

l.

The location and dimensions (length, width, height) of all existing and proposed structures on the subject property and any existing structures within three hundred (300) feet of the subject property.

m.

The location and width of all existing public roads, rights-of-way or private easements of record, abutting streets, and driveway locations to abutting streets.

n.

Proposed non-motorized connections and facilities throughout the site.

o.

Proposed finish grade of buildings, driveways, and parking lots.

p.

Proposed utility service.

q.

Proposed stormwater management plan.

r.

Soil erosion and sedimentation control measures.

s.

Buffering or landscaping plan, if required.

t.

Notation of any variances which may have been or need to be secured.

u.

The phasing of all development.

v.

Approval of the local fire authority saying that the site plan provides sufficient access to buildings and structures by emergency vehicles.

A.

Each site plan shall conform to all applicable provisions of this Ordinance. The following criteria shall be used by the Village Planning Commission when reviewing site plan for a recommendation or an approval:

1.

All elements of the site plan shall be harmoniously and efficiently designed in relation to the topography, size, and type of land, and the character of the adjacent properties and the proposed use.

2.

The site plan shall comply with the zoning district requirements for lot size, setbacks, and all other requirements set forth in this Ordinance.

3.

The existing natural landscape shall be preserved in its natural state as much as possible by minimizing tree and soil removal and by topographic modifications that result in maximum harmony with adjacent properties.

4.

The site plan shall demonstrate how reasonable visual and sound privacy will be preserved.

5.

There shall be special attention given to proper site drainage. Appropriate measure shall be taken to ensure that the site is properly drained and that the removal of all surface water will not adversely affect adjacent properties.

6.

All proposed streets and roads shall conform to Village of Lawton design standards.

7.

The site plan shall demonstrate how the site is served by water and sewage facilities.

8.

Any use permitted in any zoning district must comply with all applicable county, state and federal regulations relating to health, pollution, noise, smoke, fugitive dust, vibration, noxious and odorous matter, glare, head, erosion control, floodplains, wetlands, electromagnetic radiation, fire and explosive hazards, and toxic and hazardous materials. Site plan approval may be conditioned on the applicant receiving the necessary county, state, and federal permits before final site plan approval or a building permit granted.

A.

Complete construction plans including component phases, shall be submitted for review by the Village Building Inspector. Upon review and finding that the construction plans meet the requirements of site plan review and related construction code, the Building Inspector shall issue a building permit for the construction of the project.

B.

Site plan approval shall be valid for one (1) year after the date of the approval by the Village Manager or Planning Commission. If the applicant does not obtain a building permit within one (1) year after the date of the approval, the site plan shall expire unless extended by a vote of the Planning Commission. Revocation of an approved site plan shall be communicated in writing by certified mail to the property owner and/or the applicant.

(Ord. 05 of 2025, Art. 7, 11-11-2025)

Once a site plan has been approved, changes to an approved site plan shall require the resubmission and payment of the required application fee, unless it is determined that the changes involve ten percent (10%) or less change in the proposed building floor area or off-street parking. Each approved modification shall have the signatures of the applicant and the Building Inspector as well as the date of the modification.

A.

Purpose and Intent. Administrative Departures are provided to permit development of individual lots or properties that generally fall within the requirements of the Zone District, but, due to site characteristics or other related conditions, a limited degree of flexibility to meet the spirit and purpose of this Chapter is appropriate. It is not intended to be a general waiver or lessening of regulations. Rather, the procedure permits a site-specific plan equal to or better than the strict application of a design standard. It is not intended as a substitute for a variance or as a means for relief from the requirements of this Ordinance.

B.

Applicability. Only those Administrative Departures specifically noted in this Ordinance may be requested and approved.

C.

Application Procedure. Requests for Administrative Departures shall be submitted with the applicable application and shall include the following:

1.

Information and materials, as listed in the application form, in sufficient detail to indicate the nature and necessity of the request, and a scaled drawing, if appropriate. Requested Administrative Departures shall be separately listed and clearly noted on the proposed plan.

2.

The applicable fee established by resolution of the Village Council.

D.

Review Standards. The Village Manager or designee shall consider whether the proposed alternative meets the following standards.

1.

Zoning Ordinance. The proposed Departure is consistent with the purpose and intent of the Zone District, and the specific requirements and conditions of the Administrative Departure approval criteria;

2.

Neighborhood. The proposed Departure will be compatible with adjacent properties and the neighborhood;

3.

Environment. The proposed Departure will retain as many natural features of the landscape as possible;

4.

Public Facilities. The proposed Departure will not place a burden on existing infrastructure and services; and

5.

Other. The Departure request is necessitated by a condition of the site or structure, and not as a means to reduce costs or inconvenience.

E.

Decision.

1.

The Village Manager or Designee may approve, approve with conditions, or deny the request.

2.

If the Village Manager or Designee determines that the extent of the requested Departure(s) requires additional community review and input, the Director may refer the application to the Planning Commission as a Special Land Use.

F.

Prior to Other Approval. Decisions on Administrative Departures shall be made prior to consideration of other approval required by this Ordinance.

G.

Appeal. A decision regarding an Administrative Departure may be appealed to the Zoning Board of Appeals. Individual conditions imposed as part of an Administrative Departure approval cannot be separately appealed.

A.

Application. The application for special use review shall be made on the forms and according to the guidelines provided the Village Clerk. Each application shall be accompanied by the following:

1.

A site plan which shall include all the information required by Sec 11.02.

2.

A letter describing the proposed use of the property.

3.

Other information that the Planning Commission and the Village Council may reasonably deem necessary for adequate review.

4.

The application shall be submitted by the owner having an interest in the land for which the special use approval is sought, or by the owner's designated agent. The applicant or a designated representative shall be present at all scheduled review meetings or consideration of the proposal may be tabled due to lack of representation.

B.

Notice. Upon receipt of a complete application, site plan, and attachments, the Planning Commission shall send a notice of the public hearing at which the special use application will be considered. Section 11.12. contains the noticing standards. In addition, the notice shall contain:

1.

A description of the nature of the special use request.

2.

A legal description or address and/or an approximate sketch of the property that is the subject of the request.

3.

A statement of when and where the public hearing will be held to consider the request.

4.

A statement as to when and where comments will be received concerning the request.

A.

Planning Commission Recommendation. The Planning Commission shall review the application for the special use permit, together with any findings and reports and recommendations of Village consultants and other reviewing agencies. The Planning Commission shall make a recommendation to the Village Council for approval, approval with conditions, or denial of the special use request. Special Land Use standards of Section 11.08. shall be referred to in the record to document how the Planning Commission arrived at its recommendation and the Village Council on its decision.

B.

Recording of Village Council Action. The Village Council shall have sixty (60) days to act on the application following the recommendation from the Planning Commission. Each action taken with reference to a special use proposal shall be duly recorded in the minutes of the Village Council. The minutes shall record the findings of fact relative to each special use proposal, the grounds for action taken, and any conditions imposed in conjunction with approval. All records of proceedings shall be kept on file and made available to the public.

A.

Standards for Granting Special Use Approval. Upon receipt of the Planning Commission's review and recommendation, the Village Council shall base its action on the following standards:

1.

The location, scale, and intensity of the proposed use shall be compatible with adjacent uses and zoning of land.

2.

The proposed use shall not adversely impact the economic well-being of those who will use the proposed land use or activity; residents, businesses, and landowners immediately adjacent; or the Village as a whole.

3.

The proposed special use shall be compatible with and in accordance with the general principles and future land use configuration of the Village Master Plan and shall promote the intent and purpose of this Ordinance. The proposed use shall be designed, constructed, operated and maintained so as to assure long-term compatibility with surrounding land uses. Consideration shall be given to:

a.

The size, placement, and materials of construction of the proposed use in relation to surrounding uses.

b.

The location and screening of vehicular circulation and parking areas in relation to surrounding development.

c.

The location and height of buildings; the location, nature and height of walls and fences; and the nature and extent of landscaping.

d.

The location and screening of outdoor storage, outdoor activity or work areas, and mechanical equipment in relation to surrounding development.

e.

The hours of operation of the proposed use. Approval of a special use may be conditioned upon operation within specified hours considered appropriate to ensure minimal impact on surrounding uses.

4.

The location of the proposed Special Land Use within the zoning district shall minimize the impact of the traffic generated by the proposed use. Consideration shall be given to the following:

a.

Proximity and access to major thoroughfares.

b.

Estimated traffic generated by the proposed use.

c.

Proximity and relation to intersections.

d.

Location of and access to off-street parking.

e.

Required vehicular turning movements.

f.

Provision for pedestrian traffic and bicycles.

5.

The proposed special use shall be consistent with existing and future capabilities of public services and facilities affected by the proposed use.

6.

The proposed use shall not involve any activities, processes, materials, equipment, or conditions of operation, and shall not be located or designed so as to be detrimental to public health, safety, and welfare. Site layout shall be such that operations will not be objectionable to nearby dwellings by reason of noise, fumes, glare or flashing lights.

7.

The proposed use shall be compatible with the natural environment.

A.

Amendments to Special Uses. When an application is received to expand or change the use, traffic pattern, or other elements of a special use, the application shall be subject to the same procedures followed for an original special approval of land use. The denial of an application to amend an existing special use permit shall not nullify or cause to prohibit the applicant from continuing to operate in compliance/conformance within the specifications of the original (existing) special use permit approval.

B.

Revocation of Special Use Approval. Approval of a special use permit and site plan may be revoked by the Village Council if construction is not in conformance with the approved plans.

A.

The Planning Commission or Zoning Board of Appeals may attach conditions to a Site Plan Review, Special Land Use, or Zoning Board of Appeals affirmative decision.

B.

Any condition imposed shall meet each of the following standards:

1.

The condition shall be necessary to meet the intent and purpose of the zoning regulations; be 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.

2.

There is a rough proportionality between the scope of the proposed condition and the impact to be mitigated by the condition.

3.

There is a reasonable connection between the condition imposed and the impact it is mitigating.

C.

Any condition imposed shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the approving authority and the landowner or applicant. The approving authority shall maintain a record of changes granted in conditions. The Village Manager or Designee shall be empowered to enforce such conditions imposed.

D.

Conditions imposed are associated with the property and use for which approval is granted and not with the owner or operator of the property or use.

A.

Unless otherwise noted, whenever this Ordinance requires a notice and hearing under this Zoning Ordinance, the Village shall publish notice according to the following standards.

B.

Location. Notice of the hearing shall be published in a newspaper of general circulation in the Village of Lawton and posted at the Village Offices.

C.

Method of Delivery and List. Notice shall be sent by mail or personal delivery to the owners of the property for which approval is being considered. Notice shall also be sent to all persons to whom real property is assessed within three hundred (300) feet of the property being considered and to the occupants of all structures within three hundred (300) feet of the property regardless of whether the property or occupant is in the zoning jurisdiction. Notice shall also be sent to any public utilities, airport authorities, or other entities that request notice.

D.

Timeline. The notice shall be given not less than fifteen (15) days before the date of the meeting during which the application will be considered for approval. If the name of the occupant is not known, the term "occupant" may be used in making notification under this subsection. The notice shall do the following:

1.

Describe the nature of the request.

2.

Indicate the property that is the subject of the request. The notice shall include all street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist. If there are no street addresses, other means of identification may be used.

3.

State when and where the request will be considered.

4.

Indicate when and where written comments will be received concerning the request.

5.

Indicate where a copy of the application can be reviewed.

E.

Clarifications for Rezonings. For any group of adjacent properties numbering eleven (11) or more that is proposed for rezoning, the requirement to send notice to properties within three hundred (300) feet and the requirement of to list all street addresses do not apply to that group of adjacent properties.

F.

Zoning Amendments. Notice of time and place of a public hearing for adoption or a new Zoning Ordinance, or amendment to the existing Zoning Ordinance shall be given by mail to each gas, electric, and pipeline utility company, each telecommunications service provider, each railroad operating in the Village of Lawton and the Airport Manager of any Airport that registers its name and mailing address with the Village Clerk for the purpose of receiving such notice.

G.

Compliance with MZEA. The procedures identified in this Section are to be used for all notifications and publications required under this Zoning Ordinance and are intended to comply with the Michigan Zoning Enabling Act, PA 110 of 2006, as amended.

The Village Council may, by resolution, adopt a fee schedule for special meetings, site plan reviews, special land use considerations, rezonings, variances, and other land use approvals or actions under this Ordinance. The fees may be imposed to cover Village administrative costs, as well as engineering review, field inspection, planning review, abatement, legal and other professional services, and other costs incurred by the Village. The Village may also adopt, by resolution, a policy requiring an escrow as part of an application process.

(Ord. 03 of 2025, § 1E, 6-10-2025; Ord. 05 of 2025, Art. 8, 11-11-2025)

A.

Administration.

1.

The Village Manager shall be responsible for the administration and enforcement of this Ordinance. When required by this Ordinance or any other Village ordinance, the Village Manager shall issue a zoning compliance determination.

2.

The Village Manager is designated as an authorized local official and is authorized to issue municipal civil infraction citations and take all other actions necessary to enforce, interpret, and administer this Ordinance.

3.

Any act or function authorized to be carried out by the Village Manager may be carried out by a deputy or designee of the Village Manager and reference to the Village Manager in this Ordinance shall include the deputy or designee of the Village Manager.

B.

Violation and Penalties. The Village may use any lawful remedy or enforcement powers against the owner or responsible person for any violation of this Ordinance, including, without limitation, one (1) or more of the actions in this Section. Remedies may be pursued simultaneously or sequentially, and the pursuit of a single remedy does not foreclose the simultaneous or subsequent pursuit of other remedies.

1.

A violation of this Ordinance constitutes a municipal civil infraction punishable by a fine not to exceed five hundred dollars ($500.00) in addition to costs permitted by law.

2.

Each day that a violation continues constitutes a separate violation.

3.

The Village may deny or withhold any permits or other forms of authorization from an applicant on any property where there is an uncorrected violation of a provision of this Ordinance or a condition or stipulation of approval for a permit or other authorization previously granted by the Village.

4.

The Village may pursue all remedies available at law or equity as part of the enforcement of this Ordinance.

(Ord. 03 of 2025, § 1F, 6-10-2025; Ord. 05 of 2025, Art. 9, 11-11-2025)

Editor's note— Ord. 05 of 2025, Art. 9, adopted Nov. 11, 2025, amended the title of § 11.14 to read as herein set out. The former § 11.14 title pertained to violation and penalties.

A violation of this Ordinance is a nuisance per se, and the Village may institute appropriate actions or court proceedings to correct or abate any violation of the provisions of this Ordinance.

(Ord. 03 of 2025, § 1G, 6-10-2025; Ord. 05 of 2025, Art. 10, 11-11-2025)

If any approval, construction activities, and/or continuous use of property or a structure has ceased for a continuous period of twelve (12) months, the Village Manager may make a determination of abandonment of the construction project, structure, or use. No further work shall be permitted without a new permit. If a new permit application is not submitted within ninety (90) days from the date of the determination, the owner shall restore the site to its previous condition and/or remove any structures or other evidence on the site within one hundred and eighty (180) days from the date of determination of abandonment. The Village may take all actions necessary to restore the site to its previous condition, including removing any structures or other evidence of work, and the costs of removal shall be assessed against the property.

(Ord. 03 of 2025, § 1H, 6-10-2025; Ord. 05 of 2025, Art. 11, 11-11-2025)

Prior to the transfer of ownership of a property for which a notice or citation regarding a violation of this Ordinance has been issued, the owner who was issued a notice or citation regarding a violation of this Ordinance shall notify the person to who the property is being transferred of the notice or citation.

(Ord. 03 of 2025, § 1J, 6-10-2025; Ord. 05 of 2025, Art. 12, 11-11-2025)

Editor's note— Ord. 05 of 2025, Art. 12, adopted Nov. 11, 2025, repealed the former § 11.17, and enacted a new § 11.17 as set out herein. The former § 11.17 pertained to enforcement process and derived from Ord. 03 of 2025, § 1I, adopted June 10, 2025. The former § 11.18 has been renumbered as the current § 11.17 as set out herein. The historical notation has been retained for reference purposes.

Editor's note— Ord. 05 of 2025, Art. 12, adopted Nov. 11, 2025, renumbered the former § 11.18 as § 11.17 and repealed the old § 11.17 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.