The purpose of this chapter is to provide for consultation and cooperation between the applicant and the planning commission in order that the applicant may accomplish planned objectives in the utilization of land within the regulations of this zoning ordinance. It is also intended to ensure that the development may be completed with minimum adverse effect on the use of adjacent streets and highways, and on existing and future uses and environment in the immediate area and general vicinity.

(Ord. No. 95-06, § 1, 12-27-95)

In accordance with the provisions of this chapter, the planning commission shall be finished a site plan of the proposed development prior to the creation of a use or the erection of a building in the districts and conditions cited below:

A.

Uses permitted by right in the following zoning districts, except as noted in section 18.03:

1.

R-3 Multiple-Family District;

2.

MHP Manufactured Home Park District;

3.

C-1 Neighborhood Business District;

4.

C-2 Central Business District;

5.

C-3 General Business District;

6.

I Industrial District;

7.

PUD Planned Unit Development;

8.

PF Public Facilities District;

9.

MU Mixed Use District;

10.

RE River's Edge District.

B.

Special land uses in all zoning districts.

(Ord. No. 95-06, § 1, 12-27-95; Ord. No. 15-01, § 7, 2-17-15; Ord. No. 16-02, § 8, 5-16-16)

A.

A site plan shall not be required for a single- or two-family dwelling, state licensed residential, family care facilities, family day care homes and home occupations.

B.

The zoning enforcement officer shall review site plans meeting the following conditions:

1.

The proposed use is permitted by right in the zoning district; and

2.

No additions, alterations or exterior changes will be made to the existing building(s) and structure(s).

C.

Where the conditions of subsection B. above are met, the zoning enforcement officer shall have the authority to:

1.

Establish conditions of approval to ensure compliance with this section;

2.

Request additional information to assist in determining if the site plan meets the requirements of this section; and

3.

Where it is not clear if a site plan meets the conditions of this section, refer the site plan to the planning commission for review and action pursuant to the requirements of this chapter.

(Ord. No. 95-06, § 1, 12-27-95; Ord. No. 15-03, § 1, 6-15-15)

A.

Preliminary site plan review.

1.

A preliminary site plan may be submitted to the planning commission for review prior to final site plan review. The purpose of the preliminary site plan review is to allow discussion between the applicant and the planning commission to inform the applicant of the general acceptability of the proposed plans prior to incurring extensive engineering and other costs which may be necessary for the review of the final site plan.

2.

Preliminary site plans shall include the following, unless deemed unnecessary by the zoning enforcement officer.

a.

Small scale sketch of properties, streets and use of land within one quarter (½) mile of the subject property.

b.

Twelve (12) copies of a site plan at a scale of not more than one (1) inch equals one hundred (100) feet (1″ = 100′) showing any existing or proposed arrangement of:

(1)

Existing adjacent streets and proposed streets and existing curb cuts within one hundred (100) feet of the property.

(2)

All lot lines with dimensions.

(3)

Parking lots and access points.

(4)

Proposed buffer strips or screening.

(5)

Significant natural features; and other natural characteristics, including but not limited to open space, stands of trees, brooks, ponds, floodplains, hills, and similar natural assets.

(6)

Location of any signs not attached to the building.

(7)

Existing and proposed buildings, including existing buildings or structures within one hundred (100) feet of the boundaries of the property.

(8)

General topographical features including contour intervals no greater than ten (10) feet.

(9)

Number of acres allocated to each proposed use and gross area in building, structures, parking, public and/or private streets and drives, and open space.

(10)

Dwelling unit densities by type, if applicable.

(11)

Proposed method of providing sewer and water service, as well as other public and private utilities.

(12)

Proposed method of providing storm drainage.

(13)

Written description of the computation for required parking.

(14)

Exterior lighting.

c.

The planning commission shall review the preliminary site plan and make such recommendations to the applicant that will cause the plan to be in conformance with the review standards required by this section and this ordinance. To this end, the commission may request from the applicant any additional graphics or written materials, prepared by a qualified person or persons, to assist in determining the appropriateness of the site plan. Such material may include, but need not be limited to, aerial photography, photographs; traffic impacts; impact on significant natural features and drainage; soil tests; and other pertinent information.

B.

Final site plan review.

1.

Each site plan submitted shall contain the following information, unless waived by the zoning enforcement officer.

a.

The date, north arrow, and scale. The scale shall be not less than one (1) inch equals twenty (20) feet for property under three (3) acres and at least one (1) inch equals one hundred (100) feet for those three (3) acres or more.

b.

The name and firm address of the professional individual responsible for the preparation of the site plan.

c.

The name and address of the property owner or petitioner.

d.

A location sketch.

e.

Legal description of the subject property.

f.

The size (in acres) of the subject property.

g.

Property lines and required setbacks shown and dimensioned.

h.

The location of all existing structures, driveways, and parking areas within one hundred (100) feet of the subject property's boundary.

i.

The location and dimensions of all existing and proposed structures on the subject property.

j.

The location of all existing and proposed drives (including dimensions and radii), acceleration/deceleration lanes, sidewalks, signs, exterior lighting, curbing, parking areas (including the dimensions of a typical parking space and the total number of parking spaces to be provided), and unloading areas.

k.

The location, pavement width and right-of-way width of all streets, and access easements within one hundred (100) feet of the subject property.

l.

The existing zoning and use of all properties abutting the subject property.

m.

The location of all existing vegetation and the location, type, and size of all proposed landscaping, and the location, height and type of existing and proposed fences and walls.

n.

Size and location of existing and proposed utilities, including any proposed connections to public sewer or water supply systems.

o.

The location and size of all surface water drainage facilities.

p.

Existing and proposed topographic contours at a minimum of five (5) foot intervals.

q.

Recreation areas, common use areas, floodplain areas and areas to be conveyed for public use and purpose.

r.

Cost estimates for all public improvements included as part of any performance guarantee.

2.

The planning commission may request from the applicant any additional graphics or written materials, prepared by a qualified person or persons, to assist in determining the appropriateness of the site plan. Such material may include, but need not be limited to, aerial photography, photographs; traffic impacts; impact on significant natural features and drainage; soil tests; building elevations; and any other pertinent information.

3.

The planning commission shall approve, deny, or approve with conditions the final site plan based on the requirements of this ordinance, and specifically, the standards of section 18.10.

(Ord. No. 95-06, § 1, 12-27-95)

A.

Twelve (12) copies of a site plan, a completed application form, and an application fee shall be submitted to the zoning enforcement officer by the petitioner or his designated agent, at least twenty one (21) days prior to the next regular planning commission meeting, or as prescribed by the planning commission. The zoning enforcement officer shall cause the submittal to be placed on the agenda of the next regular planning commission meeting.

B.

The planning commission shall have the responsibility and authorization to approve, disapprove, or approve subject to conditions, the final site plan, in accordance with this chapter and the purpose of this ordinance.

C.

Any conditions or modifications desired by the planning commission shall be recorded in the minutes of the appropriate planning commission meeting.

D.

Three (3) copies of the approved final site plan shall be signed and dated by the applicant and by the secretary of the planning commission, or such other member acting in the place of the secretary. One (1) of these approved copies shall be kept on file by the city clerk as part of the records of the planning commission, one (1) shall be kept on file by the zoning enforcement officer for use in the building permit review process, and the other shall be returned to the petitioner or his designated representative.

E.

As a condition of approval of a site plan review the planning commission or zoning enforcement officer, whichever is designated as the approving authority, may require a financial guarantee of sufficient sum to assure the installation of those features or components of the approved activity or construction which are considered necessary to protect the health, safety, and welfare of the public and of users or inhabitants of the proposed development. Such features or components, hereafter referred to as "improvements," may include, but shall not be limited to, streets, curbing, landscaping, fencing, walls, screening, lighting, drainage facilities, sidewalks, driveways, utilities, and similar items. Performance guarantees shall be processed as required in section 22.03, B.

F.

Each development shall be under construction within one (1) year after the date of approval of the final site plan, except as noted below.

1.

The planning commission may grant one (1) six (6) month extension of such time period, provided the applicant requests, in writing, an extension prior to the date of the expiration of the final site plan.

2.

The extension shall be approved if the applicant presents reasonable evidence to the effect that said development has encountered unforeseen difficulties beyond the control of the applicant, and the project will proceed within the extension period.

3.

If neither of the above provisions are fulfilled or the six (6) month extension has expired prior to construction, the final site plan approval shall be null and void.

(Ord. No. 95-06, § 1, 12-27-95)

The following standards shall be utilized by the planning commission in reviewing all site plans. These standards are intended to provide a frame of reference for the applicant in the preparation of site plans as well as for the reviewing authority in making judgment concerning them. These standards shall not be regarded as inflexible requirements. They are not intended to discourage creativity, invention, or innovation.

A.

The uses proposed will not adversely affect the public health, safety, or welfare. Uses and structures located on the site shall be planned to take into account topography, size of the property, the uses on adjoining property and the relationship and size of buildings to the site. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this ordinance.

B.

Safe, convenient, uncongested, and well-defined vehicular and pedestrian circulation shall be provided for ingress/egress points and within the site. Drives, streets and other circulation routes shall be designed to promote safe and efficient traffic operations within the site and at ingress/egress points.

C.

The arrangement of public or private vehicular and pedestrian connections to existing or planned streets in the area shall be planned to provide a safe and efficient circulation system for traffic within the City of Lowell.

D.

Removal or alteration of significant natural features shall be restricted to those areas, which are reasonably necessary to develop the site in accordance with the requirements of this ordinance. The planning commission requires that approved landscaping, buffers, and/or greenbelts be continuously maintained to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property.

E.

Satisfactory assurance shall be provided that the requirements of all other applicable ordinances, codes, and requirements of the City of Lowell will be met.

F.

The general purposes and spirit of this ordinance and the Comprehensive Plan of the City of Lowell shall be maintained.

(Ord. No. 95-06, § 1, 12-27-95; Ord. No. 01-3, § 1, 8-20-01)

In those instances in which Act 288, Public Acts of 1967, as amended, the Subdivision Control Act, is involved, the owner shall, after site plan approval, submit the preliminary and final plats to the proper officer in conformance with Act 288, and in accordance with all other applicable codes, acts and ordinances. Such plats shall remain in conformance with the approved site plan.

(Ord. No. 95-06, § 1, 12-27-95)

Any site plan application shall be accompanied by a fee, in an amount to be established by the city council. Such fee shall be for the purpose of payment for the administrative costs and services expended by the city in the implementation of this chapter and the processing of the application. Such fee may be used to reimburse another party retained by the city to provide expert consultation and advice regarding the application. No part of such fee shall be returnable.

(Ord. No. 95-06, § 1, 12-27-95)

Changes to the approved site plan shall be permitted only under the following circumstances:

A.

The holder of an approved site plan shall notify the zoning enforcement officer of any proposed change to an approved site plan.

B.

Minor changes may be approved by the zoning enforcement officer upon determining that the proposed revision(s) will not alter the basic design nor any specified conditions imposed as part of the original approval. Minor changes shall include the following:

1.

Change in the building size, up to five (5) percent in total floor area.

2.

Movement of buildings or other structures by no more than ten (10) feet.

3.

Replacement of plant material specified in the landscape plan with comparable materials of an equal or greater size.

4.

Changes in building materials to a comparable or higher quality.

5.

Changes in floor plans which do not alter the character of the use.

6.

Changes required or requested by the city, the Kent County Road Commission, or other county, state or federal regulatory agency in order to conform to other laws or regulations.

C.

A proposed change not determined by the zoning enforcement officer to be minor shall be submitted to the planning commission as a site plan amendment and shall be reviewed in the same manner as the original application.

(Ord. No. 95-06, § 1, 12-27-95)

If any person shall be aggrieved by the action of the planning commission, appeal in writing to the board of appeals may be taken within ten (10) days after the date of such action. The board of appeals shall fix a time and place for a public hearing to be published in a newspaper prior to the hearing. All interested parties shall be afforded the opportunity to be heard. After such hearing the board of appeals shall affirm or reverse the action of the planning commission, stating its findings and the reasons for its action and a written copy of such findings, reasons, and action shall be given to the appellant.

(Ord. No. 95-06, § 1, 12-27-95)