Michiana City Zoning Code
ARTICLE XI
Site Plan Review
§ 360-84 Purpose.
It is the purpose of this article to specify standards, application and data requirements, and the review process that shall be followed in the preparation of site plans as required by this chapter. These requirements are incorporated into the zoning compliance certification application process to ensure that the appropriate bodies are afforded an opportunity to review and evaluate proposed uses and development of sites with regard to such considerations as parking, vehicular and pedestrian circulation, drainage, landscaping and screening, signage, lighting, environmental and community character protection, and conformance with all applicable provisions and standards of this chapter. This article establishes a review process that requires the application materials to be subject to Planning Commission review and final action by the Village Council after receiving a recommendation from the Planning Commission.
§ 360-85 Site plan approval required.
A.
Uses requiring site plan approval. Site plan approval is required by the Village Council prior to the Zoning Administrator's issuance of a zoning compliance certificate for all authorized uses except single-family dwellings and accessory uses and structures thereto, including all special land uses. See § 360-9B regarding plot plan review for single-family dwellings.
B.
Number of required site plans. Two site plans are required at the scale of one inch equals 20 feet. The first site plan shall show existing property corners, existing elevation contours for the entire lot clearly marked at one-inch intervals, and the location of any and all existing structures located from property corners and property lines. The second site plan shall show existing and proposed contours at one-foot contour intervals and any and all proposed structures located from property corners and property lines. All proposed structures and accessories shall be fully dimensioned. The proposed site plan shall clearly show the calculations of lot coverage as per Table 4-3[1] and the area of the total lot in square footage.
[1]
Editor's Note: Table 4-3, Site Development Requirements for Principal Land Uses, is attached to this chapter.
§ 360-86 Review procedures.
A.
Preliminary site plan required. Prior to preparing a detailed final site plan and seeking approval of such final site plan, the applicant shall seek approval of a preliminary site plan for the purpose of receiving approval of the general design and layout of the project. A preliminary site plan shall be reviewed and acted upon in the same manner as a final site plan, as delineated in Subsections B through E below, and including determination of application completeness and the Village Council taking final action on the preliminary site plan.
(1)
The preliminary site plan shall be prepared according to the manner and information required for a final site plan pursuant to § 360-86B, except that detailed construction drawings to address specific site improvements are not necessary. However, the detail of the submitted information shall adequately portray the feasibility of critical components of the project, such as, but not limited to, stormwater management, grading, vehicular circulation, lot areas and arrangements, signage and landscaping. Preliminary site plans shall be evaluated according to the level of information required at the preliminary site plan level. A preliminary site plan shall be approved if it contains the information required by and is in compliance with this chapter, the conditions imposed pursuant to this chapter, other Village planning documents, other applicable ordinances, and state and federal statutes.
(2)
Approval of the preliminary site plan is valid for a period of one year. If a complete final site plan for the development, or any phase of the development, has not been submitted during this period, the approval of the preliminary site plans shall be null and void. This time limit may be extended by the Village Council upon its finding that no substantial changes have occurred to ordinance regulations, abutting properties, or other conditions that suggest revisions to the layout and/or design of the development. In the case of an expired preliminary site plan that is not granted an extension of time, such plans shall not undergo review or action except upon a wholly new application according to § 360-86.
B.
Final site plan application submittal, distribution and data. Twenty copies of a final site plan application shall be submitted to the Village Clerk. The application shall consist of a form available from the Village Clerk and the final site plans. Upon receipt of the application materials, the Village Clerk shall record the date of their receipt and transmit copies to the Village Council and other agencies or individuals selected to review such plans, including but not necessarily limited to Village departments and staff, consultants and the Berrien County Drain Commissioner. The Village Clerk shall request all reviewing agencies to respond within 20 business days of receipt of the materials. The site plans shall be provided on a professional quality drawing of a scale not less than one inch equals 20 feet and shall clearly present the required information. All information depicted shall be designed by a professional engineer, land surveyor or landscape architect licensed in Michigan and shall bear the seal and signature of the licensed individual. The site plan shall present all necessary information in a clear and comprehensible fashion and be of such clarity and detail to permit the satisfactory construction of the project, if approved, to ensure the public health, safety and welfare. Final site plans shall include, at a minimum, the following, except where the Village Council determines, upon a request by the applicant, that the waiving of specific submittal items identified below, due to the particular character of proposed development or site or surrounding conditions, shall not undermine officials' ability to effectively evaluate the extent to which the site plan complies with the standards of this chapter and protect the public health, safety and welfare:
(1)
The site plan shall include the applicant's full name, address and phone number, and the name and address of the person and firm who prepared the plan, and the date on which each drawing contained within was prepared or last revised.
(2)
A vicinity plan showing the location of the site in relation to the surrounding road system for a minimum distance of 300 feet in all directions. The vicinity plan, or other component of the site plan materials, shall also identify the existing zoning classification and current use of all properties within 300 feet in every direction of the proposed use, including land uses on the opposite side of any road. The vicinity plan shall be at a scale of one inch equals 20 feet.
(3)
A property line survey, correlated with a legal description, showing property line dimensions and bearings, lot area, graphic scale, and a North arrow.
(4)
Existing uses, buildings, structures, roads and all other existing site improvements, with a designation as to which are to be retained, removed or otherwise altered.
(5)
Existing natural features on and within 300 feet of the site, including woodlands; wetlands; drainagecourses, water bodies and one-hundred-year floodplain areas; state-regulated critical dune and high-risk erosion areas; topography at no greater than two-foot contour intervals; and soils by type and drainage features according to the Berrien County Soil Survey or well logs. The location of all trees of 10 inches or greater in diameter, measured at five feet above ground surface, shall be clearly identified by size and type.
(6)
Required front, side and rear yard setbacks for principal buildings in the district.
(7)
Proposed uses, buildings, structures and lots, including a project description that addresses the intended use of the property and each building proposed, the total number of dwelling units, total and usable floor area of each building, carports or garages, amount of recreational and open space, type of recreation facilities to be provided, and related information as pertinent or otherwise required by this chapter.
(8)
Proposed public rights-of-way, private easements, and deed restrictions.
(9)
Proposed roads, drives and alleys (including widths, cross-sections and profiles); acceleration, deceleration and turn lanes; driveways, parking spaces and parking aisles, with an indication of the total number of spaces and typical space and aisle/driveway dimensions, the direction of travel, and the inside radii of all curves including driveway curb returns; and sidewalks and other nonmotorized travel ways. Proposed traffic control measures (including signs) shall also be indicated.
(10)
Source and location of all public and private utilities, including potable water, sewage disposal, and electrical and communication lines, and the necessary easements that exist or are proposed to be established for installation, repair and maintenance of such utilities.
(11)
Proposed accessory buildings and structures, including trash receptacles and enclosures, signs and lighting.
(12)
A graphic illustration of the location and extent to which natural features on the site shall be disturbed or otherwise cleared, including those under Subsection B(5) above.
(13)
A landscaping plan indicating the locations of plant materials to be preserved and locations of proposed planting and screening in compliance with the requirements of Article IX.
(14)
A grading, storm drainage and stormwater management plan, including soil erosion and sedimentation control measures and spot elevations to adequately portray drainage patterns and final grades. Such plans shall include the location of drainage easements, exterior drains, dry wells, catch basins, retention and/or detention areas, sumps and other facilities designed to collect, store or transport stormwater, The point of discharge for all drains and pipes shall be specified on the site plan as well as invert and related elevations, and pipe lengths and slope, to construct the same. Such plans shall document the extent of clearing of vegetation and the extent of other clearing, cuts, fills or other grading, and the finished floor elevations of all buildings.
(15)
The location and specifications for any existing or proposed above- or below-ground storage facilities for any toxic or hazardous substances, as well as any containment structures or clear zones required by government authorities; a complete inventory of toxic or hazardous substances to be stored or used on the site, including the quantity of substances, substance names and characteristics; the proximity of such materials to groundwater aquifers, wetlands, surface waters, existing and proposed wells, storm sewers, storm drains, and sanitary sewers; and a proposed storage and disposal plan for such materials, including their transfer and/or transport.
(16)
Elevation drawings of all buildings.
(17)
A statement from the applicant identifying all other federal, state and local permits required, if any.
(18)
Project completion schedule.
(19)
Such other information as is necessary to enable the Village Council to determine whether the proposed site plans shall conform to the provisions of this chapter.
C.
Review for completeness. Upon receipt of the application materials, the Planning Commission shall review the materials and determine their completeness. If determined to be insufficient in adequately portraying the required information, the Planning Commission shall delay further consideration of the application until such time that the application materials have been made satisfactory, and shall notify the applicant in writing of the deficiencies.
D.
Planning Commission recommendation on final site plan. Upon receipt of a complete application, the Planning Commission shall review the final site plan application materials and determine their conformity with the applicable provisions of this chapter, including the standards of § 360-87. After conducting a review, the Planning Commission shall deny, approve or conditionally approve the final site plan as it pertains to requirements and standards contained in this chapter, including the standards of § 360-87.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E.
Village Council action on final site plans. The Village Council shall review the final site plan application materials and determine their conformity with the applicable provisions of this chapter, including the standards of § 360-87. After conducting a review, the Village Council shall deny, approve or conditionally approve the final site plan as it pertains to requirements and standards contained in this chapter, including the standards of § 360-87. Site plans shall be approved if they contain the information required by and are in compliance with this chapter, the conditions imposed pursuant to the chapter, other Village planning documents, other applicable ordinances, and state and federal statutes. Any conditions required by the Village Council for approval shall be stated in writing, together with the reasons, and delivered to the applicant (see § 360-25, regarding conditional approvals). The Village Council may require the submittal of a fully revised final site plan upon its determination that the conditions necessary for the approval of such plan are of such an extent or character that a fully revised plan is necessary before an approval action can be granted.
(1)
Issuance of compliance certificate. Upon approval or conditional approval of the site plans by the Village Council, and upon all other approvals as may be required by this chapter, such as in the case of a special land use, the Zoning Administrator shall issue a compliance certificate authorizing the use and construction subject to the approved application.
(2)
Building permit required. Upon issuance of a compliance certificate, no construction shall be initiated prior to the acquisition of all necessary building permits from the Building Inspector.
F.
Approved site plans. Five copies of the approved site plans, with any conditions contained within, shall be maintained as part of the Village records for future review and enforcement. One copy of the site plan shall be returned to the applicant. Each copy shall be signed and dated with the date of approval by the Village Council President and Zoning Administrator for identification of the approved plans. If any variances from the Zoning Ordinance have been obtained from the Zoning Board of Appeals, the minutes concerning the variances, duly signed, shall also be filed with the Village records as a part of the site plan.
G.
As-built drawings. The applicant shall submit three copies of as-built drawings upon completion of construction activities, but no later than 60 days from the issuance of a certificate of occupancy by the Building Inspector. Such drawings shall identify all improvements made upon the site, including utility services.
§ 360-87 Site plan approval standards.
A.
Specific site development standards. Each preliminary and final site plan shall conform with the specific site development standards of this chapter, including, but not limited to, requirements pertaining to lot area, lot width, setbacks, heights, permitted uses, nonconformities, signage, off-street parking and loading, landscaping and screening, lighting, potable water and sewage disposal, and standards specific to special land uses.
B.
General site plan approval standards. In addition to compliance with the standards of Subsection A above, all site plans shall comply with the following general site plan approval standards:
(1)
All elements of the site plan shall be harmoniously and efficiently organized in relation to the size and type of lot, the character of adjoining property and the type and size of buildings.
(2)
The site shall be so developed as not to impede the normal and orderly development, improvement or enjoyment of surrounding property for uses permitted in this chapter, including matters pertaining to visual impacts from lighting, signage, outdoor storage, and off-street parking.
(3)
The environmental character of the site shall be preserved in its natural state, insofar as practical, by minimizing the removal or disturbances to on-site natural features such as trees, woodlands, soils, topography, watercourses and wetlands.
(4)
The removal of stormwater shall ensure the public health, safety and welfare of the users of the site and shall not adversely affect adjoining properties, the capacity of public or natural drainageways, nor increase the rate of discharge to such drainageways; shall rely on existing drainage patterns where feasible and minimize topographic alterations; and shall incorporate the necessary measures to discourage soil erosion and sedimentation and the discharge of impurities into the groundwater and nearby watercourses.
(5)
All buildings shall be so arranged as to permit emergency access by some practical means to all sides.
(6)
Provisions for vehicular and pedestrian circulation and parking shall ensure safe and efficient travel and minimize negative impacts upon abutting properties and the existing and planned road system and traffic patterns in the general area, including congestion at access and egress points.
(7)
The site plan shall provide for the appropriate location of all necessary and proposed utilities. Underground facilities shall be provided to the greatest extent feasible.
(8)
Site plans shall conform to all applicable Village planning documents, including the goals and objectives of the Village of Michiana Master Plan, other applicable ordinances, and state and federal statutes.
§ 360-88 Conformity to approved site plans.
Property which is the subject of site plan approval shall be developed in compliance with the approved site plan and any approved changes thereto. If construction or use of the property does not conform to such approved plans, the approved compliance certificate may be subject to revocation by the Zoning Administrator pursuant to § 360-9C.
§ 360-89 Changes to approved site plans.
Site plan changes. No changes shall be made to approved site plans prior to, during, or after construction, except according to the following procedures:
A.
Major changes. Major changes to approved site plans shall include changes in excess of five feet in the location of vehicular circulation ways and parking areas or exterior building walls; the number or location of accesses to public streets and alleys; a reduction in the number of parking spaces or an increase of more than four parking spaces; an increase in the gross floor area or heights of buildings or number of dwelling units; a reduction in open space; and similar changes. Major changes shall be reviewed and acted upon according to § 360-86.
B.
Minor changes. Minor changes to approved site plans shall include changes not otherwise included as a major change in Subsection A above and shall be subject to Zoning Administrator approval. Approved changes shall be clearly specified in writing and signed by the Zoning Administrator. The Zoning Administrator shall keep accurate records of approved changes. The Zoning Administrator may defer action on a minor change to the Village Council.
§ 360-90 Appeals.
A person aggrieved by a decision on a site plan may appeal such decision to the Zoning Board of Appeals pursuant to Article VII.
§ 360-91 Preexisting site plans under review.
All development subject to site plan approval shall comply with the regulations and standards of this chapter except in the case where a development plan has received preliminary site plan approval by the site plan approving body prior to the effective date of this chapter or amendment thereto; in which case the final site plans shall be reviewed using the procedures and substantive standards under the ordinance in effect at the time of the preliminary plans approval, provided the final site plans are filed with the Zoning Administrator within one year of the effective date of this chapter or amendment thereto and contain all information required and are accompanied by all required fees.