The Zoning Administrator, or his/her designees, shall be appointed by the village council and designated to administer and enforce the provisions of this Ordinance.

The Zoning Administrator Shall:

3.2.1. Receive and review for completeness all applications for site plan review and special land use permits which the Planning Commission is required to decide under this ordinance and refer such applications to the Planning Commission for determination.

3.2.2. Receive and review for completeness all applications for appeals, variances, or other matters which the Zoning Board of Appeals is required to decide under this Ordinance and refer such applications to the Zoning Board of Appeals for determination.

3.2.3. Receive and review for completeness all applications for amendments to this Ordinance and refer such applications to the Planning Commission and Village Council for determination.

3.2.4. Review applications and site plans, make site inspection, and issue land use permits for residential (R-1 AND MHP) and commercial (C-MU, G-MU, GC, AND CBD) districts. Commercial Applications are limited to signs, parking, fences, accessory buildings, new business registration, demolition, additions/alterations/remodeling of less than 25% of the existing principal building, and other limited uses as authorized by this ordinance.

3.2.5. Make periodic site inspections of the Village to determine Ordinance compliance, and answer complaints on Zoning Ordinance violations.

3.2.6.Order the discontinuance of illegal uses of land, buildings, or structures; order the removal of illegal buildings or structures; order the discontinuance of any illegal work being done; revoke land use permits where violations have been determined to occur; and/or take any other action authorized by this Ordinance to ensure compliance with or prevent violations of its provisions.

3.2.7.Implement the decisions of the Planning Commission and Village Council.

3.3.1. Application

Applications for special land use permits authorized in this Ordinance shall be submitted to the Zoning Administrator on a form provided by the Village. In addition to a complete application form, the applicant is required to submit a preliminary site plan prepared in accordance with Section 3.4 Site Plan Review.

3.3.2. Procedures

   1.   Special land use permits may be granted by the Planning Commission at its discretion.

   2.    The Zoning Administrator shall review the proposed application and preliminary site plan to determine if all required information has been supplied, and forward the completed application, preliminary site plan, and supporting data to the Planning Commission for a recommendation.

   3.   Upon receipt of a completed application for special land use, a public hearing shall be held by the Planning Commission with advance notice provided in accordance with the requirements of Section 103 of the Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended.

   4.   After the public hearing, the Planning Commission may deny, approve, or approve with conditions a request for a special land use. The decision of the Planning Commission shall be incorporated in a statement of conclusions relative to the special land use under consideration. Any decision which denies a request or imposes conditions upon its approval shall specify the basis for the denial or the conditions imposed.

   5.   The Planning Commission may impose such additional conditions and safeguards deemed necessary for the general welfare, for the protection of individual property rights, and for insuring that the purposes of this Ordinance and the general spirit and purpose of the district in which the special land use is proposed will be observed.

The Planning Commission shall review the proposed special land use in terms of the standards states within this Ordinance and shall establish that such use and the proposed location:

   1.   Will be harmonious and in accordance with the general objectives or any specific objectives of the Master Plan.

   2.   Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the area.

   3.   Will not be hazardous or disturbing to existing uses or uses reasonably anticipated in the future.

   4.   Will be an improvement in relation to property in the immediate vicinity and to the Village as a whole.

   5.   Will be served adequately by essential public services and facilities or that the persons responsible for the establishment of the proposed use will provide adequately any such service or facility.

   6.   Will not create excessive additional public costs and will not be detrimental to the economic welfare of the Village.

   7.   Will be consistent with the intent and purposes of this Ordinance in general, and Section 3.4.4, (3), Standards for Review of site plans in particular.

Unless otherwise specified by the Planning Commission, any special land use permit (SLU) granted under this section shall be null and void unless the development proposed shall have its first building permit issued within one (1) year from the date of the granting of the permit. The Zoning Administrator shall give notice by certified mail to the holder of a permit two (2) months before voidance is actually declared. Said notice shall be mailed to the permit holder at the address indicated on said permit. A six (6) month extension may be approved by the Village Zoning Administrator if a written request is submitted no less than one (1) month prior to the one-year expiration date. The applicant must describe in detail the reasoning for the delay. Only one (1) extension will be granted for good cause for a period no to exceed one (1) year. Good Cause shall be defined as: The loss of the primary contractor, severe weather- related delays, loss of financial backing and/or debilitating illness or death of the primary landowner to his/her immediate family.

The Zoning Administrator may suspend or revoke a SLU permit issued under the provisions of this Ordinance whenever the permit is issued erroneously on the basis of incorrect information supplied by the applicant or his agent and is in violation of any of the provisions of this Ordinance or of any other ordinances or regulations of the Village.

No application for a special land use permit, which has been denied wholly or in part, shall be resubmitted until the expiration of one (1) year or more from the date of such denial, except on grounds of newly discovered evidence or change of conditions found to be sufficient to justify reconsideration by the Planning Commission.

The Planning Commission shall have the authority to review and to approve or reject all site plans (i.e. preliminary, final, and combined site plans). Prior to the issuance of land use permits, building permits or commencement of construction, a site plan review and approval is required in accordance with the procedures contained in this section.

   1.   Site plan review is required for all new construction of any nonresidential building or structure on any parcel and for any new residential development (single-family, two- family or multiple-family). All such construction or developments shall be consistent with the purpose of this Ordinance as presented in Section 1.2 of this Ordinance.

   2.   Site plan review is required for all proposed uses and certain existing uses within the Village where an alteration, addition, expansion, change, or conversion constitutes an increase or reduction to the existing structure or use of more than five hundred (500) square feet or ten (10%) percent, whichever is less; or would require a variance from the provisions of this Ordinance, regardless of its size, or if there is a change of use from the existing use. Site plan review shall also be required prior to the paving of any off-street parking for any use for which off-street parking is required by this Ordinance, or for the construction of new parking lots or driveways.

   3.   A full site plan reviewed and approved by the Planning Commission shall not be required for individual single-family dwellings, additions to single-family dwellings, decks, porches, or residential accessory storage, garages or murals. However, a plot plan shall accompany a land use permit application to be reviewed and approved by the Zoning Administrator to ensure such improvements meet all of the requirements of this ordinance.

   4.   Design Review for Cottage Lots, for small alterations to a single-family residential dwelling, garage, accessory building, deck, or porch on a cottage lot that do not introduce or increase any nonconformities on the lot, a design review is not required. In such cases, a land-use permit may be issued without requiring a full review by the Zoning Administrator and the Planning Commission.

      For any additions to or new construction that significantly alter the structure or increase the footprint, and in cases where nonconformities may be added, a design review shall be required and must be completed by the Zoning Administrator and the Planning Commission in accordance with the following procedures:

      a.   Applicant shall provide a residential site plan for design review that includes, but may not be limited to:

         i.   A current Boundary Survey depicting lot lines, easements and required setbacks.

         ii.   A site map that depicts footprint and dimensions of proposed dwelling, proposed setbacks, lot coverage/floor area ratio, location, dimension and construction material of sidewalks, driveway/parking, accessory buildings, water and sewer lines, fences, or other screening materials (proposed and existing) and location and setbacks of adjacent buildings.

         iii.   Architectural renderings and building plans for residential dwelling and accessory building that indicate square footage, structural dimensions (including roof heights, access points, steps, porches, chimney, overhangs, or similar features), exterior materials and related amenities.

         iv.    Landscaping or other elements, unique topography, or natural features for consideration.

      b.   The Zoning Administrator shall conduct a design review of the residential site plan proposal and upon receipt of a proposal which is complete shall forward same to the Planning Commission for design review and consideration for approval at the next scheduled Planning Commission meeting. Time for public comment will be scheduled at the Planning Commission’s scheduled meeting. Public notification will be made through the Planning Commission Agenda and posted at the Village Hall and other normal posting locations. Both in person and written public comments will be permitted at the Planning Commission meeting.

      c.   Basis of Determination. The Zoning Administrator and Planning Commission shall review the design and site plan and consider the following criteria:

         i.   The site is properly zoned and its development as a residential dwelling will not create a hazardous condition or detriment to the general health and safety of the surrounding properties.

         ii.   The proposed structure’s form, placement on the lot, overall size and floor area ratio, dimensions, setbacks, architectural design, and exterior building materials are similar, compatible and complimentary in style with the majority of existing residential dwellings within a 300-foot radius of the site.

         iii.   The site will be supported by infrastructure, including but not limited to municipal water, sewer, drainage, and easements (both private and public) in accordance with local, state, and federal codes and ordinances.

      d.   Zoning ordinance requirements regarding access, parking, setbacks, fire codes, line of sight, landscaping and related ordinances are met so as not to unfairly impose upon implied property rights, existing privacy, and safe access of neighboring properties.

      e.   The Planning Commission after conducting the design review may deny, approve, or approve with modifications the design review and issue such decision in writing to the applicant.

   5.   The Village shall not issue a land use permit until a final site plan has been approved and is in effect. A use, not involving a building or structure, shall not be commenced, or expanded, nor shall the Zoning Administrator or their designee issue a land use permit for such use until a final site plan has been approved and is in effect.

   6.   No grading, removal of trees or other vegetation, land filling or construction of improvements shall commence for any development which requires site plan approval until a final site plan is approved and is in effect, except as otherwise provided in this Article.

   7.   In Commercial, Industrial and Multi-family developments a landscape plan is required. The plan shall accompany both the preliminary and the final site plan and be approved.

   1.    Intent. The intent of this section is to permit the submittal of a sketch plan for administrative review in certain specific instances where a complete site plan is not considered essential to ensure compliance with the intent and standards of this ordinance. The intent is to also provide for an administrative review by the Zoning Administrator of Planning Commission approved site plans for compliance with conditions as imposed by the Planning Commission.

   2.   Applicability. In lieu of a complete site plan prepared in accordance with Sections 3.4.3 and 3.4.4, a sketch plan may be submitted for the uses or activities identified below.

      a.   Accessory uses incidental to a conforming existing use where said use does not require any variance or further site modifications.

      b.   Expansion and/or addition of one thousand five hundred (1,500) square feet or less to an existing conforming structure or use.

      c.   Alterations to off-street parking layout or installation of pavement or curbing improvements provided the total number of spaces does not change the number of parking spaces by more than 5% or to meet various federal, state, or ADA requirements.

      d.   Improvements or installation of walls, fences, lighting, or trash containers/ enclosures.

      e.   Change of use limited to a use not exceeding one thousand five hundred (1,500) square feet.

   3.   Procedure .

      a.   The procedure for administrative approval of a sketch plan shall involve the submittal of a sketch plan meeting the requirements of subsection 4, below. Additionally, the required application form and fee shall be submitted. The Zoning Administrator shall review the sketch plan in accordance with the standards of Section 3.4.4, (3). The Zoning Administrator shall make a report of administrative reviews to the Planning Commission.

      b.   The Zoning Administrator retains the option to require additional information or a complete site plan for review by the Planning Commission, particularly for sites which do not comply with previously approved site plans, sites with parking deficiencies, sites abutting residential districts or sites experiencing problems with drainage, traffic, noise, aesthetics or other general health and safety issues. If a complete site plan is required, the Zoning Administrator shall inform the applicant to submit a set of plans in accordance with this Section within 14 days of receipt of the application. The Zoning Administrator shall also have authority to refer any site plan eligible for administrative review to any consultants employed by the Village for the purposes of site plan review.

   4.    Information Required. The following information shall be required to be provided on a sketch plan for administrative review:

      a.   Proprietors’, applicants’, and owners’ names, addressed and telephone numbers.

      b.   Location map with north point indicated.

      c.   Details of the proposed changes to the use or structure in question.

      d.   Locations of existing landscaping, lighting, parking, refuse collection, and other information pertinent to the project or necessary to determine compliance with Ordinance requirements.

      e.   Gross acreage and building figures.

      f.   Zoning classification of petitioners’ parcel and all abutting parcels.

   1.   Application. Any applicant may submit a request for preliminary site plan review by filing with the Zoning Administrator completed forms, payment of the review fee, and ten (10) copies of the preliminary site plan drawing(s). The Administrator, upon receipt of the application, shall transmit only complete submittals of the preliminary site plan drawings to the Planning Commission prior to its next regular meeting. The purpose of such preliminary review is to confirm general compliance with Village standards as well as to suggest changes, if necessary, for final site plan approval Preliminary and/or final site plan review materials shall also be provided to the DPW, Police and Fire departments for their comment. All comments shall become a part of the site plan review documents and be contained in material packets provided to the Planning Commission prior to the site plan review.

   2.   Information Required. Each preliminary site plan submitted for review shall provide the following information:

      a.   property owners and applicant’s name and address;

      b.   scale, north arrow, and date of plan;

      c.   location, description, dimensions, and area of the site; zoning classification; and demonstration of compliance with lot area, width, coverage and setback requirements.

      d.   general topography and soils information and existing natural and man-made features to be retained or removed;

      e.   location and dimensions of proposed buildings/structures; including floor area, number of floors, height, number and type of dwelling units (where applicable);

      f.   proposed streets/drives; including general alignment, right of way, surface type, and width to be consistent with adjacent streets and drives and the expansion of advancement of the purpose of the traditional town plan;

      g.   proposed parking; including location and dimensions of spaces and aisles, and surface type;

      h.   adjacent land uses, property owners, and zoning and location of adjacent buildings and drives/streets;

      i.   proposed phasing;

      j.   location and width of any easements on the site.

   3.   Planning Commission Action. The Planning Commission may approve, approve with conditions, or deny the preliminary site plan within sixty (60) days from the date of the Planning Commission meeting at which the site plan is first heard. The Planning Commission shall set forth the reason for its action in the record of the meeting at which action is taken. The time limit may be extended upon a written request by the applicant and approval by the Planning Commission.

   4.   Effect of Approval. Approval of a preliminary site plan by the Planning Commission shall indicate its general acceptance of the proposed layout of buildings, streets and drives, parking areas, other facilities, and overall character of the proposed development. The Planning Commission may, at its discretion, and with appropriate conditions attached, authorize issuance of grading and foundation permits on the basis of the approved preliminary site plan. The authorization, however, will be used only in those situations in which seasonable conditions, such as the onset of frost, or other severe time limitations might, in the Planning Commission’s opinion, unduly delay the commencement of construction until after the final site plan is approved. The Planning Commission shall attach appropriate conditions to such authorization.

   5.   Expiration of Approval. Approval of a preliminary site plan shall be valid for a period of one hundred eighty (180) days from the date of approval and shall expire and be of no effect unless an application for a final site plan is filed with the Zoning Administrator within that time period. The Zoning Administrator or duly appointed agent shall, within ten (10) days of the date of approval of the preliminary site plan by the Planning Commission, transmit a written certification of such approval to the applicant.

   1.   Application. The applicant shall submit to the Zoning Administrator ten (10) copies of a final site plan as well as other data and exhibits hereinafter required, the review fee, and a completed application form. The Administrator, upon receipt of the application, shall transmit only complete submittals of the final site plan drawing(s) to the Planning Commission prior to its next regular meeting.

   2.   Information Required. A Final Site Plan submitted for review and approval shall contain all of the following data presented in a clear and legible format. Site Plans shall consist of an overall plan for the entire development. Sheet size shall be at least 24" x 36" with plan view drawn to a scale of no greater than 1" = 50’ for property less than three acres or no greater than 1" = 100’ for property three or more acres.

      a.   Proprietors’, applicants’, and owners’ names, addresses and telephone numbers.

      b.   Date of preparation, including revisions.

      c.   Scale .

      d.   Northpoint .

      e.   Location map drawn at a scale of 1" = 2,000’ with north point indicated.

      f.   Architect, Engineer, Surveyor, Landscape Architect, or Planner’s seal.

      g.   Existing and proposed lot lines, building lines, structures, parking areas, etc., on the parcel and within one hundred (100) feet of the site.

      h.   Centerline and existing and proposed right-of-way lines of any street.

      i.   Zoning classification of petitioner’s parcel and all abutting parcels.

      j.   Gross acreage figure.

      a.   Acceleration, deceleration and passing lanes and approaches.

      b.   Proposed locations of access drives, street intersections, driveway locations, sidewalks, and curbing.

      c.   Location of existing and proposed service facilities above and below ground, including:

         i.   Chemical and fuel storage tanks and containers.

         ii.    Water supply facilities.

         iii .   Sanitary sewage disposal facilities.

         iv.   Storm water control facilities and structures.

         v.   Location of all easements.

      d.   Location of all structures with setback and yard dimensions.

      e.   Dimensioned parking spaces and calculation, drives and method of surfacing.

      f.   Exterior lighting locations and illumination patterns.

      g.   Location and description of all existing and proposed landscaping, berms, fencing and walls.

      h.   Trash receptacle pad location and method of screening.

      i.   Transformer pad location and method of screening.

      j.   Dedicated road or service drive locations.

      k.   Entrance details including sign locations and size.

      l.   Designation of fire lanes.

      m.   Any other pertinent physical features.

      a.   Soil characteristics of the parcel to at least the detail provided by the U.S. Soil Conservation Service, Soil Survey of Sanilac County, Michigan.

      b.   Existing topography with a maximum contour interval of two (2) feet. Topography on the site and beyond the site for a distance of one hundred (100) feet in all directions should be indicated. Grading plan, showing finished contours at a maximum interval of two (2) feet, correlated with existing contours so as to clearly indicate required cutting, filling, and grading.

      c.   Location of existing drainage courses and associated bodies of water, on and off site, and their elevations.

      d.   Location of existing wetlands.

      e.   Location of natural resource features, including woodlands and areas with slopes greater than ten (10%) percent (one (1) foot of vertical elevation for every ten (10) feet of horizontal distance).

      a.   Density calculations by type of unit by bedroom counts.

      b.   Designation of units by type and number of units in each building.

      c.   Carport or garage locations and details where proposed.

      d.   Specific amount and location of recreation spaces.

      a.   Loading/unloading areas.

      b.   Total and useable floor area.

      c.   Number of employees in peak usage.

   3.   Standards for Review. In reviewing the final site plan, the Planning Commission shall determine whether the plan meets the following specifications and standards:

      a.   The plan conforms to the approved preliminary site plan and with all Zoning Ordinance regulations.

      b.    All required information is provided;

      c.   The proposed use will not be injurious to the surrounding neighborhood and protects the general health, safety, welfare, and character of the Village.

      d.   There is a proper relationship between major thoroughfares and proposed service drives, driveways, and parking areas. Proper access to all portions of the site and all sides of any structure is provided. All structures or groups of structures shall be so arranged as to permit emergency vehicle access by some practical means to all sides of the buildings.

      e.   The location of buildings is such that the adverse effects of such uses will be minimized for the occupants of that use and surrounding areas.

      f.   Natural resources will be preserved to the maximum extent possible in the site design by developing in a manner which will not detrimentally affect or destroy natural features such as lakes, ponds, streams, wetlands, steep slopes, soils, groundwater, and woodlands.

      g.   Storm water management systems and facilities will preserve the natural drainage characteristics and enhance the aesthetics of the site to the maximum extent possible and will not substantially reduce or increase the natural retention or storage capacity of any wetland, water body or water course, or cause alterations which could increase flooding or water pollution on or off site.

      h.   Wastewater treatment systems, including on-site septic systems, will be located to minimize any potential degradation of surface water or groundwater quality and meet County and State standards.

      i.   Sites which include storage of hazardous materials or waste, fuels, salt, or chemicals will be designed to prevent spills and discharges of polluting materials to the surface of the ground, groundwater, or nearby water bodies in accordance with County and State standards.

      j.   Landscaping, including grass, trees, shrubs, and other vegetation is provided to maintain and improve the aesthetic quality of the site and area.

      k.   The proposed use is in compliance with all Village Ordinances and any other applicable laws.

   4.   Planning Commission Action. The Planning Commission may approve, approve with conditions, or deny the final site plan within sixty (60) days of the date of the Planning Commission meeting at which the site plan is first heard. The time limit may be extended upon a written request by the applicant and approved by the Planning Commission. The Planning Commission may suggest and/or require modifications in the proposed final site plan as are needed to gain approval.

   5.   Effect of Approval. Approval of a final site plan authorizes issuance of a land use permit.

   6.   Expiration of Approval. Approval shall expire and be of no effect unless a land use permit shall have been taken out within one hundred eighty (180) days of the date of approval of the final site plan. Also, approval of a final site plan shall expire and be of no effect one year following the date of approval unless construction has begun on the property in conformance with the approved final site plan.

An applicant may, at his discretion and risk, combine a preliminary and final site plan in application for approval. In such a situation the portion of the review process concerning preliminary site plan application and review shall not apply. However, the Planning Commission shall have the authority to require submittal of a preliminary site plan separate from a final site plan, where, in its opinion, the complexity and/or scale of the site for the proposed development so warrants. A preliminary and final site plan shall not be combined for: any development consisting of two (2) or more phases; projects requiring special land use approval; and site condominiums.

The Zoning Administrator shall have the authority to determine if a proposed change requires an amendment to an approved final site plan or is of a minor nature and can be allowed and not materially alter the circumstances for which the site plan was given. A site plan may be amended upon application and in accordance with the procedure herein for a final site plan. A minor change would be other than those explicitly mentioned as follows.

Major changes defined as:

   1.   An addition of property to the area already approved.

   2.   The establishment of any additional use(s)

   3.   The addition of more interior floor areas, dwellings, or an outdoor display area.

   4.   An expansion or increase if the intensity of the use(s).

Any changes not listed in a-d shall be reviewed by the Zoning Administrator for compliance with this Ordinance. If approved, the Zoning Administrator shall make a record of such approval and place a copy in the property file.

All improvements shall conform to the final site plan. It shall be the responsibility of the applicant to notify the Zoning Administrator of any such changes prior to such change being made. Any changes which result in a material alteration of the site plan approved by the Planning Commission shall require resubmittal to the Planning Commission. The Planning Commission or Zoning Administrator may require the applicant to correct the changes so as to conform to the approved final site plan.

The applicant may, at his discretion, divide the proposed development into two (2) or more phases. In such case, the preliminary site plan shall cover the entire property involved and shall clearly indicate the location, the size, and character of each phase. A final site plan may be submitted for review and approval for each phase.

The Zoning Administrator or designee shall be responsible for inspecting all improvements for conformance with the approved final site plan, prior to issuing a certificate of occupancy. All sub-grade improvements such as utilities, sub-base installations for drives and parking lots, and similar improvements shall be inspected and approved prior to covering. The applicant shall be responsible for requesting the necessary inspection.

The approved final site plan shall regulate development of the property and any violation of this Article, including any improvement not in conformance of the approved final site plan, shall be deemed a violation of this ordinance subject to penalties in accordance with Section 3.9.

Pursuant to the authority conferred by Section 141 of the Condominium Act, preliminary and final site plans shall be regulated by the provisions of this Ordinance and subject to the review by the Planning Commission and approval of the Village Council.

   1.   Each condominium lot shall be located within a zoning district that permits the proposed use.

   2.   Each condominium lot shall front on and have direct access to a street approved by the Village.

   3.   For the purposes of this ordinance, each condominium lot shall be considered equivalent to a single lot and shall comply with all regulations of the zoning district in which located, and the provisions of any other statutes, laws, ordinances, and/or regulations applicable to lots in subdivisions.

   4.   In the case of a site condominium containing single-family detached dwelling units, not more than one (1) dwelling unit shall be located on a condominium lot, nor shall a dwelling unit be located on a condominium lot with any other principal structure or use except in a PUD district. Required yards shall be measured from the boundaries of a condominium lot.

Preliminary approval of the site plan and final approval of the site plan and condominium documents including Master Deed and Bylaws by the Planning Commission and Village Council shall be required as a condition to the right to construct, expand or convert a site condominium project. No permits for erosion control, building construction, grading, or installation of public water or sanitary sewerage facilities shall be issued for property in a site condominium development until a final site plan has been approved by the Village Planning Commission and Village Council and is in effect. Preliminary and final approval shall not be combined.

   1.    Preliminary Approval.

      a.   A preliminary site plan pursuant to the standards and procedures set forth in Section 3.4 of this Ordinance shall be submitted to the Planning Commission for preliminary review.

      b.   If the site plan conforms in all respects to applicable laws, ordinances and design standards, preliminary approval shall be granted by the Planning Commission.

      c.   If the site plan fails to conform, the Planning Commission shall either deny the application, or grant preliminary approval with conditions, provided such conditions are met before final approval.

   2.    Final Approval.

      a.   Following preliminary approval, the applicant shall submit a final site plan, Master Deed, and Bylaws pursuant to the standards and procedures set forth in Section 3.4.4 of this Ordinance. In addition to the final site plan, the Condominium Documents shall be submitted to the Village for the review by the Village Attorney and other appropriate staff and consultants. The Condominium Documents shall be reviewed with respect to all matters subject to regulation by the Village including, without limitation: ongoing preservation and maintenance of drainage, retention, wetland, and other natural and/or common area; and maintenance of storm water, sanitary, and water facilities and utilities.

      b.   The applicant shall also submit engineering plans in sufficient detail for the Village, to determine compliance with applicable laws, ordinances, and design standards for construction of the project.

      c.   Upon completion of the review of the Condominium Documents and engineering plans and receipt of the recommendations and findings from the Village Attorney, Engineer and Planner, the site plan shall be submitted to the Village Council for final review.

      d.   If the site plan, Condominium Documents and/or engineering plans conform in all respects to applicable laws, ordinances and design standards, final approval shall be granted by the Village Council.

      e.   If the site plan, Condominium Documents and/or engineering plans fail to conform, final approval shall be denied by the Village Council.

      f.   In the interest of insuring compliance with this Ordinance and protecting the health, safety, and welfare of the residents of the Village, the Village Council, as a condition of final approval of the site plan, shall require the applicant to deposit a performance guarantee as set forth in Section 3.7 of the Zoning Ordinance for the completion of improvements associated with the proposed use.

   1.   All design standards and required improvements that apply to a subdivision, under the Subdivision Regulations adopted by the Village Council, shall apply to any condominium development.

   2.   Each condominium unit shall be connected to the Village water, sanitary and storm sewers. Utility standards stated in Chapter 70 shall apply to all condominium units. Furthermore, the utility provisions stated in Chapter 10, Subdivision Regulations shall apply to all condominium units proposed for location on property which is not subdivided and recorded, or property which is to be further subdivided. Each individual condominium unit shall be considered a residential equivalent unit as defined in Chapter 10.

   3.   Monuments shall be set at all boundary corners and deflection points and at all road right of way intersection corners and deflection points. Lot irons shall be set at all condominium lot corners and deflection points of condominium lot lines.

   4.   The Village may grant a delay in the setting of required monuments or irons for a reasonable time, but not to exceed one (1) year, on condition that the developer deposit with the Village Clerk cash, a certified check, or an irrevocable bank letter of credit running to the Village, whichever the developer selects, in an amount as determined from time to time by resolution of the Village Council. Such deposit shall be returned to the developer upon receipt of a certificate by a surveyor registered in the State of Michigan that the monuments and irons have been set as required, within the time specified. If the developer defaults, the Village Council shall promptly require a registered surveyor to set the monuments and irons in the ground as shown on the condominium site plans, at a cost not-to-exceed the amount of the security deposit which shall include Village administrative costs.

   5.   Road rights-of-way shall be described separately from individual condominium lots and shall be accurately delineated by bearings and distances on the condominium subdivision plan and the final site plan. The right-of-way shall be for roadway purposes and for the purposes of locating, installing, maintaining, and replacing of public utilities. The developer shall declare easements to the Village for all public water and sanitary sewer lines and appurtenances.

   6.   All improvements in a site condominium shall comply with the design specifications as adopted by the Village Council and any amendments thereto.

Prior to the issuance of an occupancy permit for any condominium unit, the applicant shall submit the following to the Zoning Administrator:

   1.   A copy of the recorded Condominium Documents (including exhibits, Master Deed, and Bylaws).

   2.   A copy of any recorded restrictive covenants.

   3.   A copy of the site plan on laminated photo static copy or mylar sheet.

   4.   Evidence of completion of improvements associated with the proposed use including two copies of an "as-built survey".

If the site condominium subdivision plan is revised, the final site plan shall be revised accordingly and submitted for review and approval or denial by the Planning Commission before any land use permit may be issued, where such permit is required.

Any amendment to a master deed or bylaws that affects the approved preliminary or final site plan or any conditions of approval of a preliminary or final site plan shall be reviewed and approved by the Village Attorney and Planning Commission before any land use permit may be issued, where such permit is required. The Planning Commission may require its review of an amended site plan if, in its opinion, such changes in the master deed or bylaws require corresponding changes in the site plan.

Relocation of boundaries between adjoining condominium units, if permitted in the condominium documents, as provided in Section 48 of the Condominium Act, shall comply with all regulations of the zoning district in which located and shall be approved by the Zoning Administrator. These requirements shall be made a part of the by-laws and recorded as part of the master deed.

Each condominium lot that results from a subdivision of another condominium lot, if such subdivision is permitted by the condominium documents, as provided in Section 49 of the Condominium Act, shall comply with all regulations of the zoning district in which located, and shall be approved by the Zoning Administrator. These requirements shall be made a part of the condominium by-laws and recorded as part of the master deed.

From time to time, the Village Council and/or Planning Commission may employ planning, engineering, legal, traffic or other special consultants to assist in the review of special land use permits, site plans, re-zonings or other matters related to the planning and development of the Village. Prior to contracting any professional for consultation, the applicant will be made aware of the additional cost, in writing. All costs for the use of these professionals will be bore by the applicant.

In the interest of insuring compliance with the Zoning Ordinance provisions, protecting the natural resources and the health, safety, and welfare of the residents of the Village and future users or inhabitants of an area for which a site plan for a proposed use has been submitted, the Village Council upon the recommendation of the Planning Commission shall require the applicant to deposit a performance guarantee as set forth herein. The purpose of the performance guarantee is to ensure completion of improvements connected with the proposed use as required by this Ordinance, including but not limited to, streets, lighting, utilities, sidewalks, drainage, fences, screens, walls, and landscaping.

3.7.1.Performance guarantee as used herein shall mean a cash deposit, certified check, or irrevocable bank letter of credit in the amount of 125% the estimated cost of the improvements to be made as determined by the applicant and acceptable by the Village. The Village shall be authorized to employ the Village engineering consultant to review cost estimates and conduct periodic inspection of the progress of improvements.

3.7.2.Where the Village Council requires a performance guarantee, said performance guarantee shall be deposited with the Village prior to the issuance of a land use permit for the development and use of the land. Upon the deposit of the performance guarantee the Village shall issue the appropriate permits.

3.7.3. The approval shall also prescribe the period of time within which the improvements for which the performance guarantee has been required are to be completed. The period will begin from the date of the issuance of the land use permit.

3.7.4. The Zoning Administrator, upon the written request of the applicant, shall rebate portions of the performance guarantee upon determination that the improvements for which the rebate has been requested have been satisfactorily completed. The portion of the performance guarantee to be rebated shall be in the same amount as stated in the itemized cost estimate for the applicable improvement.

3.7.5. Upon the satisfactory completion, as determined by the Village, of the improvement for which the performance guarantee was required, the Village shall return to the applicant the performance guarantee deposited and any interest earned thereon. However, the Village is not required to deposit the performance guarantee in an interest-bearing account.

3.7.6. In the event the applicant defaults in making the improvements for which the performance guarantee was required within the time period established by the Village, the Village shall have the right to use the performance guarantee deposited and any interest earned thereon to complete the improvements through contract or otherwise, including specifically, the right to enter upon the subject property to make the improvements. If the performance guarantee is not sufficient to allow the Village to complete the improvements, the applicant shall be required to pay the Village any of the additional costs of completing the improvements. Should the Village use the performance guarantee, or a portion thereof, to complete the required improvements, any amounts remaining after said completion shall be applied first to the Village’s administrative costs including, without limitation, attorney fees, planning consultant fees, and engineering consultant fees in completing the improvement with any balance remaining being refunded to the applicant.

If the applicant has been required to post a performance guarantee or bond with another governmental agency other than the Village to ensure completion of an improvement the applicant shall not be required to deposit with the Village a performance guarantee for that specific improvement. At the time the performance guarantee is deposited with the Village and prior to the issuance of a land use permit, the applicant shall enter an agreement incorporating the provisions hereof with the Village regarding the performance guarantee.

The Village Council shall establish a schedule of fees, charges, escrow for consultants, and expenses, and a collection procedure, for land use permits, building permits, certificates of occupancy, appeals, and other matters pertaining to this ordinance. The Village shall have the authority to include fees for the use of engineering, planning, legal or other special consultants. The schedule of fees shall be posted in the Village Offices and may be altered or amended only by the Village Council. No permit, certificate, special land use approval, or variance shall be issued unless or until such costs, charges, fees, or expenses have been paid in full, nor shall any action be taken on proceedings before the Board of Appeals, unless or until preliminary charges and fees have been paid in full.

Uses of land, buildings, or structures, including tents and mobile homes, erected, altered, razed, or converted in violation of this Ordinance are hereby declared to be nuisances per se. The court shall order such nuisance abated and the owner and/or agent in charge of such dwelling, building, structure, tent, mobile home, or land shall be adjudged guilty of maintaining a nuisance per se. Anyone violating any of the provisions of this Ordinance shall upon conviction thereof be subject to a fine (as outlined in the "Village of Lexington Fee Schedule'' adopted by the Lexington Village Council) and the costs of prosecution thereof, by imprisonment in the County Jail for a period not to exceed thirty (30) days, or both. Each day that a violation is permitted to exist from the time of formal citation by the Village shall constitute a separate offense. The imposition of any sentence shall not exempt the offender from compliance with the requirements of this Ordinance.

The Village Council may, from time to time, amend this Ordinance by changing or supplementing the district map, the districts on said map or the boundaries of such districts, district regulations or other provisions of this Ordinance. An amendment may be initiated by the Village Council, by an interested person(s) or their agent(s), or by the Planning Commission, and when requested by an interested party shall be accompanied by a fee in an amount established by resolution of the Village Council.

The amendment and application materials shall be prepared in accordance with the provisions of this Section and shall be reviewed in accordance with the following procedure.

Amendments or application materials that do not meet the stipulated requirements shall be considered incomplete and shall not be eligible for consideration by the Planning Commission

   1.   Technical Review. Prior to Planning Commission consideration, the proposed amendment and application materials shall be distributed to appropriate Village staff and applicable outside agencies and designated Village consultants for review.

   2.   Public Hearing. A public hearing shall be held for all proposed amendments in accordance with the procedures set forth in Michigan Public Act 110 of 2006, as amended.

   3.   Planning Commission Consideration. Subsequent to the hearing, the Planning Commission shall review the proposed amendment, together with any reports and recommendations from staff, consultants, other reviewing agencies, and any public comments. The Planning Commission shall identify and evaluate all factors relevant to the petition, including the appropriate criteria listed in this Section, and shall report its findings and recommendation to the Village Council.

   4.   Village Council Action. Upon receipt of the report and recommendation from the Planning Commission, the Village Council shall consider the proposed amendment. If determined to be necessary, the Village Council may refer the amendment back to the Planning Commission for further consideration. In the case of an amendment to the official Zoning Map, the Village Council shall approve or deny the amendment, based upon its consideration of the criteria contained herein this Section.

Whenever an application for an amendment to this Ordinance has been denied by the Village Council, a new application for the same amendment shall not be accepted by the Planning Commission for consideration for a period of three hundred sixty-five (365) days, unless, upon recommendation by the Zoning Administrator, the Planning Commission determines that one or more of the following conditions has been met:

   1.    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.

   2.    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.

   3.    The new application is materially different from the prior application.

In considering any petition for an amendment to the official zoning districts map, the Planning Commission and Village Council shall consider the following criteria in making its findings, recommendations, and decision:

   1.   Consistency with the goals, policies and objectives of the Village Master Plan and any sub-area plans. If conditions have changed since the Master Plan was adopted, consistency with recent development trends in the area shall be considered.

   2.   Compatibility of the site’s physical, geological, hydrological, and other environmental features with the uses permitted in the proposed zoning district.

   3.   Evidence the applicant cannot receive a reasonable return on investment through developing the property with one (1) or more of the uses permitted under the current zoning.

   4.   Compatibility of all the potential uses allowed in the proposed zoning district with surrounding uses and zoning in terms of land suitability, impacts on the environment, density, nature of use, traffic impacts, aesthetics, infrastructure, and potential influence on property values.

   5.   The capacity of Village’s utilities and services sufficient to accommodate the uses permitted in the requested district without compromising the health, safety, and welfare of the Village.

   6.   The capability of the street system to safely and efficiently accommodate the expected traffic generated by uses permitted in the requested zoning district.

   7.   The apparent demand for the types of uses permitted in the requested zoning district in the Village in relation to the amount of land in the Village currently zoned to accommodate the demand.

   8.    Where a rezoning is reasonable given the above criteria, a determination shall be made that the requested zoning district is more appropriate than another district or amending the list of permitted or special land uses within a district.

Upon presentation of a protest petition meeting the requirements of this subsection, an amendment to the zoning ordinance which is the object of the petition shall be passed only by a two-thirds (2/3) vote of the Village Council. The protest petition shall be presented to the Village Council before final council action on the amendment, and shall meet signatory requirements of the following subparagraphs (1) or (2):

   1.     The owners of at least twenty (20) percent of the area of land included in the proposed change.

   2.    The owners of at least twenty (20) percent of the area of land included within an area extending outward one hundred (100) feet from any point on the boundary of the land in the proposed change. For the purposes of the subsection, publicly owned land shall be excluded in calculating the twenty (20) percent land area requirement.

It is recognized that there are certain instances where it would be in the best interests of the Village, as well as advantageous to property owners seeking a change in zoning boundaries, if certain conditions could be proposed by property owners as part of a request for a rezoning. It is the intent of this Section to provide a process consistent with the provisions of Section 405 of the Zoning Enabling Act, Public Act 110 of 2006, as amended, by which an owner seeking a rezoning may voluntarily propose conditions regarding the use and/or development of land as part of the rezoning request.

   1.   An owner of land may voluntarily offer in writing conditions relating to the use and/or development of land for which a rezoning is requested. This offer may be made either at the time the application for rezoning is filed or may be made at a later time during the rezoning process.

   2.   The required application and process for considering a rezoning request with conditions shall be the same as that for considering rezoning requests made without any offer of conditions, except as modified by the requirements of this Section.

   3.    The owner’s offer of conditions may not purport to authorize uses or developments not permitted in the requested new zoning district.

   4.   The owner’s offer of conditions shall bear a reasonable and rational relationship to the property for which rezoning is requested.

   5.   Any use or development proposed as part of an offer of conditions that would require a special land use permit under the terms of this Ordinance may only be commenced if a special land use permit for such use or development is ultimately granted in accordance with the provisions of this Ordinance.

   6.   Any use or development proposed as part of an offer of conditions that would require a variance under the terms of this Ordinance may only be commenced if a variance for such use or development is ultimately granted by the Zoning Board of Appeals in accordance with the provisions of this Ordinance.

   7.   Any use or development proposed as part of an offer of conditions that would require site plan approval under the terms of this Ordinance may only be commenced if site plan approval for such use or development is ultimately granted in accordance with the provisions of this Ordinance.

   8.   The offer of conditions may be amended during the process of rezoning consideration provided that any amended or additional conditions are entered voluntarily by the owner. An owner may withdraw all or part of its offer of conditions any time prior to final rezoning action of the Village Council provided that, if such withdrawal occurs subsequent to the Planning Commission’s public hearing on the original rezoning request, then the rezoning application shall be referred to the Planning Commission for a new public hearing with appropriate notice and a new recommendation.

The Planning Commission, after public hearing and consideration of the standards for approval set forth in Section 3.11.5, may recommend approval, approval with recommended changes or denial of the rezoning; provided, however, that any recommended changes to the offer of conditions are acceptable to and thereafter offered by the owner.

After receipt of the Planning Commission’s recommendation, the Village Council shall deliberate upon the requested rezoning and may approve or deny the conditional rezoning request. The Village Council’s deliberations shall include, but not be limited to, a consideration of the standards for approval set forth in Section 3.11.5. Should the Village Council consider amendments to the proposed conditional rezoning advisable and if such contemplated amendments to the offer of conditions are acceptable to and thereafter offered by the owner, then the Village Council shall, in accordance with the Michigan Zoning Enabling Act, refer such amendments to the Planning Commission for a report thereon within a time specified by the Village Council and proceed thereafter in accordance with said statute to deny or approve the conditional rezoning with or without amendments.

In reviewing an application for the rezoning or land where there is an offer of conditions, the Planning Commission and Village Council shall consider the criteria outlined in Section 3.10.4 of this Ordinance.

   1.    If the Village Council finds the rezoning request and offer of conditions acceptable, the offered conditions shall be incorporated into a formal written Statement of Conditions acceptable to the owner and conforming in form to the provisions of this Section. The Statement of Conditions shall be incorporated by attachment or otherwise as an inseparable part of the ordinance adopted by the Village Council to accomplish the requested rezoning.

   2.    The Statement of Conditions shall:

      a.   Be in a form recordable with the Register of Deeds of the County in which the subject land is located or, in the alternative, be accompanied by a recordable Affidavit or Memorandum prepared and signed by the owner giving notice of the Statement of Conditions in a manner acceptable to the Village Council.

      b.   Contain a legal description of the land to which it pertains.

      c.   Contain a statement acknowledging that the Statement of Conditions runs with the land and is binding upon successor owners of the land.

      d.   Incorporate by attachment or reference any diagram, plans or other documents submitted or approved by the owner that are necessary to illustrate the implementation of the Statement of Conditions. If any such documents are incorporated by reference, the reference shall specify where the document may be examined.

      e.   Contain a statement acknowledging that the Statement of Conditions or an Affidavit or Memorandum giving notice thereof shall be recorded with the Register of Deeds of Sanilac County by the owner with a copy of the recorded document provided to the Village within forty-five (45) days of its recording.

      f.   Contain the notarized signatures of all of the owners of the subject land preceded by a statement attesting to the fact that they voluntarily offer and consent to the provisions contained within the Statement of Conditions.

   3.    Upon the rezoning taking effect, the Zoning Map shall be amended to reflect the new zoning classification along with a designation that the land was rezoned with a Statement of Conditions. The Village Clerk shall maintain a listing of all lands rezoned with a Statement of Conditions.

   4.   The approved Statement of Conditions or an Affidavit or Memorandum giving notice thereof shall be filed by the owner with the Register of Deeds of Sanilac County. The owner shall provide a copy of the recorded document to the Village within forty-five (45) days of the date of its recording. The Village Council shall have authority to waive this requirement if it determines that, given the nature of the conditions and/or the time frame within which the conditions are to be satisfied, the recording of such a document would be of no material benefit to the Village or to any subsequent owner of the land.

   5.    Upon the rezoning taking effect, the use of the land so rezoned shall conform thereafter to all of the requirements regulating use and development within the new zoning district as modified by any more restrictive provisions contained in the Statement of Conditions.

   1.   Any person who establishes a development or commences a use upon land that has been rezoned with conditions shall continuously operate and maintain the development or use in compliance with all of the conditions set forth in the

   2.   Statement of Conditions. Any failure to comply with a condition contained within the Statement of Conditions shall constitute a violation of this Zoning Ordinance and be punishable accordingly. Additionally, any such violation shall be deemed a nuisance per se and subject to judicial abatement as provided by law.

   3.   No permit or approval shall be granted under this Ordinance for any use or development that is contrary to an applicable Statement of Conditions.

Unless another time period is specified in the Ordinance rezoning the subject land, the approved development and/or use of the land pursuant to building and other required permits must be commenced upon the land within 36 months after the rezoning took effect and thereafter proceed diligently to completion. This time limitation may upon written request be extended by the Village Council if:

   1.   it is demonstrated to the Village Council’s reasonable satisfaction that there is a strong likelihood that the development and/or use will commence within the period of extension and proceed diligently thereafter to completion; and

   2.   the Village Council finds that there has not been a change in circumstances that would render the current zoning with Statement of Conditions incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy; and

   3.   the written request shall be made to the Village Council requesting the extension within 6 months of the end of the 36-month period.

If approved development and/or use of the rezoned land does not occur within the time frame specified under Section 3.11.8 above, then the land shall revert to its former zoning classification as set forth in MCL 125.3405(2). The reversion process shall be initiated by the Village Council requesting that the Planning Commission proceed with consideration of rezoning of the land to its former zoning classification. The procedure for considering and making this reversionary rezoning shall thereafter be the same as applies to all other rezoning requests.

When land that is rezoned with a Statement of Conditions is thereafter rezoned to a different zoning classification or to the same zoning classification but with a different or no Statement of Conditions, whether as a result of a reversion of zoning pursuant to Section 3.11.9 above or otherwise, the Statement of Conditions imposed under the former zoning classification shall cease to be in effect. Upon the owner’s written request, the Village Clerk shall record with the Register of Deeds of the County in which the land is located a notice that the Statement of Conditions is no longer in effect.

   1.   During the time period for commencement of an approved development or use specified pursuant to Section 3.11.8 above or during any extension thereof granted by the Village Council, the Council shall not add to or alter the conditions in the Statement of Conditions.

   2.   The Statement of Conditions may be amended thereafter in the same manner as was prescribed for the original rezoning and Statement of Conditions.

Nothing in the Statement of Conditions nor in the provisions of this Section shall be deemed to prohibit the Village from rezoning all or any portion of land that is subject to a Statement of Conditions to another zoning classification. Any rezoning shall be conducted in compliance with this Ordinance and the Michigan Zoning Enabling Act.

The Village shall not require an owner to offer conditions as a requirement for rezoning. The lack of an offer of conditions shall not affect an owner’s rights under this Ordinance.