Milan City Zoning Code
CHAPTER 1171
Site Plan Review and Approval
1171.01 DEVELOPMENT REQUIRING SITE PLAN REVIEW AND APPROVAL.
Site plan review and approval by the Village Planning Commission is required under the following circumstances:
(a) Whenever a new multi-family residential, commercial or industrial building is constructed or new multi-family residential, commercial or industrial use is established;
(b) Whenever an existing multi-family residential, commercial or industrial building is altered and there is an increase in the number of dwelling units, seating capacity or floor areas of said building; or
(c) Whenever the use of an existing building is changed to a multi-family residential, commercial or industrial use which requires more off-street parking facilities.
Site plan approval is required prior to the issuance of zoning and building permits by the Village.
(Ord. 270-09-02. Passed 9-10-02.)
1171.02 SITE PLAN SUBMISSION.
Persons seeking site plan review and approval shall submit to the Village Zoning Inspector a completed application for site plan approval, on a form approved by the Planning Commission; a filing fee in accordance with the Village's schedule of fees; and ten (10) copies of a site plan, drawn to a scale of not more than one inch equals fifty (50) feet nor less than one inch equals twenty (20) feet, which shall be clearly printed and legibly reproduced on durable material. The suggested size of the sheet shall be twenty-four (24) inches by thirty-six (36) inches. The site plan drawing shall contain the following information:
(a) Mandatory Site Plan Elements.
(1) Name and address of owner and applicant.
(2) Scale and north arrow.
(3) Dimensions and acreage of parcel to be built upon. For any site, the Planning Commission reserves the right to require that the site plan contain a boundary survey made and certified by a licensed surveyor. Such a requirement shall be based on factors such as the proximity of the development to neighboring properties and any recent divisions of the property.
(4) The size, shape, location and ground floor elevation of all existing and proposed buildings and other structures on the site including present and proposed use thereof.
(5) Location and dimensions of proposed off-street parking and loading facilities, and points of ingress and egress of vehicles to and from the site to the public street.
(6) Location and dimensions of existing and proposed pedestrian walkways.
(7) Location, intensity, type, size and direction of all new outdoor lighting.
(8) Location and size of signs and all permanent outdoor fixtures.
(9) Flood plain boundaries, if applicable.
(b) Additional Site Plan Elements. In addition to the information required above, the Planning Commission may, depending upon the complexity of the application, site constraints, and potential neighborhood impacts, require the following additional information:
(1) Natural contours at intervals of two (2) feet and final contours at intervals of not more than two (2) feet, when factors such as erosion and sedimentation control, drainage and buffering are a concern.
(2) The size, shape, location and ground floor elevation of buildings on abutting properties, when a potential negative impact to such buildings exists.
(3) Location of all existing and proposed easements and rights-of-way. Location and dimensions of existing and proposed utilities including sanitary sewers, water and electricity. The Planning Commission may require that invert elevations be shown for all gravity utility systems, if such information is necessary to determine the adequacy of such systems to serve the proposed development or to otherwise judge the impact of the proposed development on such systems. If the site is not to be served by a public sewer, the applicant shall show evidence that the Erie County Health Department has approved the proposed location and design of his or her septic system.
(4) Location of existing natural drainage ways and inverts of culverts, pipes, etc. when a potential negative impact on such drainage systems may be caused by the development.
(5) Location and type of existing and proposed fencing, hedges and trees of twelve (12) inch caliper and which measure over four and a half (4-1/2) feet above ground when buffering neighboring properties is a concern.
(6) In cases when construction or operation may adversely affect such things as light, noise, and safety, the applicant may be required to provide expert testimony.
(Ord. 270-09-02. Passed 9-10-02.)
1171.03 SITE PLAN APPROVAL PROCEDURE.
(a) Within forty-five (45) days of the filing of an application for site plan review and approval, the Zoning Inspector shall transmit the application to the Clerk of the Planning Commission and the application shall be placed on the Planning Commission's agenda for consideration.
(b) The Planning Commission shall consider the application and shall approve, approve with conditions, or disapprove the site plan within forty-five (45) days beginning with the date of the meeting at which it first considered the application. Failure to act within such period shall be deemed approval.
(Ord. 270-09-02. Passed 9-10-02.)
1171.04 CRITERIA FOR SITE PLAN REVIEW.
The following criteria shall be used when reviewing a site plan, based upon the information provided by the applicant. The Planning Commission may impose reasonable conditions based on the listed criteria.
(a) Provisions for vehicular loading, unloading and off-street parking. Impacts of vehicular and pedestrian traffic on-site and on to adjacent public streets. Traffic congestion and/or hazards should not be unreasonably created.
(b) The impact of the location, height and size of proposed building(s) with respect to other private developments in the area or their impact on public facilities. Public facilities should be adequate to handle the proposed project, and that the design of the project minimizes its impact on adjacent properties.
(c) The impact of, and provisions for, soil and drainage problems that the development will create. Soil and drainage issues should be adequately addressed and be in conformance with Erie County's stormwater management and erosion control regulations.
(d) The provisions for exterior lighting and its impact on motorists traveling on adjacent public streets and on the value and usability of adjacent properties. The adequacy of such lighting for the safety of occupants or users of the site. Proposed lighting should be adequate and not pose a safety hazard or nuisance.
(e) The provisions for on-site landscaping and screening and the protection provided to neighboring properties from detrimental features of the development.
(f) Fire safety hazards created by the proposed development. The provision of adequate access to the site, and/or the buildings on the site, for emergency vehicles shall be considered.
(g) The impact of the proposed development upon off-site sewer and water facilities.
(Ord. 270-09-02. Passed 9-10-02.)