Prior to the establishment of a new use, change of use, addition to an existing use, or the erection of any building in a zoning district, subject to the conditions listed below, a site plan shall be submitted and approved, approved with conditions, or disapproved by the city planning commission [now planning board—see Charter § 5-201] in accordance with the ordinance requirements of this article.

1.

Site plan reviews are required for all permitted principal uses and structures in all zoning districts (except for the single-family detached and two-family dwellings and their accessory uses) and all special land uses in all zoning districts.

2.

When the proposed new construction or remodeling constitutes an addition to an existing building, or use, site plan review procedures may be modified, at the discretion of the zoning administrator, to provide for an administrative review by the zoning administrator in lieu of a more formal review by the city planning commission [now planning board—see Charter § 5-201]. The zoning administrator may conduct an administrative review provided both of the following are true:

a.

No variances to the ordinance are required.

b.

The proposed new construction would not increase the total square footage of the building greater than 25 percent or 1,000 square feet, whichever is less.

3.

For those cases requiring site plan review solely as a result of building reoccupancy, site plan review procedures may be modified, at the discretion of the zoning administrator, to provide for an administrative review by the zoning administrator in lieu of a more formal review by the city planning commission [now planning board—see Charter § 5-201]. The zoning administrator may conduct an administrative review provided all of the following are true:

a.

Such use is conducted within a completely enclosed building.

b.

Reoccupancy does not create additional parking demands, beyond 25 percent of that which exists.

c.

Reoccupancy does not substantially alter the character of the site.

4.

Every site plan submitted for review shall be in accordance with the requirements of this ordinance. Administrative review procedures are not intended to modify any ordinance regulation or development standard.

Application for site plan review shall be made by submitting the following materials to the zoning administrator at least 30 days prior to the planning commission [now planning board—see Charter § 5-201] meeting at which the site plan is to be considered:

1.

Ten copies of a site plan containing all of the information required in section 12.3.

2.

A completed application on an appropriate form provided by the zoning administrator.

3.

Payment of an application fee, which shall be nonrefundable, may be established by the city council.

1.

A site plan submitted in accordance with this article shall contain all of the following information:

a.

The date, north arrow, and scale. The scale shall not be more than one inch equals 20 feet.

b.

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

c.

The property size in acres and square feet.

d.

All existing and proposed lot lines and dimensions, including setback lines and existing easements.

e.

The location of all existing structures, street rights-of-way, parking areas and driveways within 100 feet of the property.

f.

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

g.

The location and dimensions of all existing and proposed drives, sidewalks, fences, curb openings, signs, and loading/unloading areas. Parking areas shall be shown, including the dimensions of a typical space and aisle. The total number of parking spaces to be provided and the method by which required parking was computed shall be noted on the site plan.

h.

Location of exterior site lighting shall be shown, including specification of the height and style of fixtures.

i.

Location of exterior trash facilities, including type of screening.

j.

The existing zoning of all properties abutting the subject property.

k.

Locations and specifications for all proposed landscaping on the site, including size at time of planting, and species of all plant materials to be installed.

l.

Size and location of existing and proposed sewer and water facilities and storm sewers including valves, hydrants, manholes, stormwater intakes and cleanouts.

m.

Locations of all utilities on the site, including but not limited to natural gas, electric, cable television, and telephone.

n.

Existing and proposed elevation contours shall be shown at two-foot intervals. Direction of drainage flows shall be indicated. If applicable, the boundary of any area within the 100-year floodplain, as determined by the Federal Insurance Administration flood insurance rate map, shall be identified.

2.

The following documentation shall accompany the site plan:

a.

The name and address of the property owner and petitioner, if different, and proof of ownership or option to purchase by the petitioner.

b.

Typical elevation views, with dimensions, of all sides of each principal building type.

c.

Summary schedules with the following information, as applicable, shall be provided:

(1)

Total site area.

(2)

Net site area exclusive of right-of-way.

(3)

Minimum, maximum, and average lot area.

(4)

Number, size, and bedroom mix of dwelling units proposed.

(5)

List of commercial uses proposed, and the gross floor area of each use.

(6)

Area and percentage of site coverage by buildings, pavement and open space.

d.

A legal description of the subject property, and a street address.

3.

The zoning administrator may waive any of the requirements of [this] section 12.3, if such information is not necessary for the review of the site plan.

All site plans shall comply with applicable provisions of this ordinance and with each of the following standards:

1.

Natural features. Existing natural features of the site, including vegetation, topography, water features and other such features, shall be preserved to the greatest extent practical. Only those areas under actual development shall be disturbed.

2.

Building relationships. Buildings and structures shall be placed in an orderly, nonrandom fashion such that an uncrowded, open appearance is maintained.

3.

Drives, parking, and circulation.

a.

Vehicular and pedestrian circulation shall be designed so as to provide for safe and efficient movement of vehicles and pedestrians.

b.

Points of vehicular access to public streets shall be limited to the minimum number required to provide safe and efficient access. Points of access shall be directly aligned or be offset a minimum of 150 feet, wherever possible.

4.

Surface water drainage. Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Temporary on-site storage to reduce peak runoff from the site may be required. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic and will not create standing water in the paved areas.

5.

Special features. Exposed storage areas, trash areas, service areas, truck loading areas, utility buildings and structures and similar accessory areas shall be reasonably screened from view from adjoining streets, and adjoining properties.

6.

Emergency access. The site plan shall provide for adequate access to the site and to all buildings for emergency vehicles.

7.

Exterior lighting. The lighting shall be located and designed so that illumination is directed away from adjacent properties and streets.

The planning commission [now planning board—see Charter § 5-201], upon reviewing a site plan, shall take one of the following actions:

1.

Approval. If the site plan meets all the zoning ordinance and related development requirements and standards, the planning commission [now planning board—see Charter § 5-201] shall record such approval, and the chairperson shall sign three copies of the site plan filing one in the official site plan file, forwarding one to the zoning administrator, and returning one to the applicant.

2.

Disapproval. If the site plan does not meet zoning ordinance and related development requirements and standards, the planning commission [now planning board—see Charter § 5-201] shall record the reasons for denial. The applicant may subsequently refile a corrected site plan under the same procedures followed for the initial submission.

3.

Conditional approval. If minor corrections to the site are necessary, which can be clearly noted, then the planning commission [now planning board—see Charter § 5-201] shall so note such conditions, and the chairperson shall sign three site plans as conditionally approved and stating the necessary conditions. One copy shall be retained in the official site plan file, one forwarded to the zoning administrator, and one returned to the applicant.

4.

Table. If the site plan is found to be in violation of the requirements or incomplete with respect to necessary information, the planning commission [now planning board—see Charter § 5-201] may table action on the site plan until ordinance compliance is shown or required additional information is provided.

1.

A site plan approval granted pursuant to this article shall be valid for six months from the date of approval. If construction has not commenced by the end of this period, and if a written request for extension of the approval has not been submitted by the applicant, the site plan approval shall be deemed expired and no longer valid.

2.

The planning commission [now planning board—see Charter § 5-201] may grant no more than one extension of the site plan approval for a six-month period, upon submittal in writing by the applicant of a request for an extension. The planning commission [now planning board—see Charter § 5-201] shall grant such an extension only upon presentation of written evidence indicating that construction of the project has been delayed by factors beyond the reasonable control of the applicant and that construction on the project is likely to proceed within six months.

1.

Amendments to an approved site plan may be made, provided such amendments are in conformance with this ordinance, and provided such amendments receive the mutual agreement of the applicant and the city. Requests for approval of amendments shall be submitted to the zoning administrator.

2.

Upon receipt of a request for an amendment to an approved site plan, the zoning administrator shall determine whether such amendment constitutes a major amendment to the site plan. Any change or amendment which results in any of the following shall be considered a major amendment:

a.

Any change in the use or increase in the intensity of use of land, buildings, or other structures.

b.

An increase of 25 percent or more in the square footage or land coverage of buildings or other structures.

c.

Any reduction in area or number of off-street parking spaces, aisles or loading/unloading areas.

d.

Any reduction in street or driveway width or location.

e.

Any reduction in area of landscaped area or open space.

f.

Any reduction in number or size of plant materials, or substitution of lesser-quality plant materials for those originally included in the site plan.

g.

Any reduction in level of intensity or degree of screening.

3.

Major amendments to a previously approved site plan shall be subject to the review and approval of the planning commission [now planning board—see Charter § 5-201].

4.

Any amendment to an approved site plan which is determined by the zoning administrator as not being a major amendment may be mutually agreed to by the applicant and the zoning administrator.

The following review process shall apply to all condominium projects within the City of Montrose:

1.

Concurrently with notice required to be given to the City of Montrose pursuant to section 71 of Public Act. No. 59 of 1978, as amended (MCL 559.171) a person, firm, corporation or other legal entity intending to develop a condominium project shall file with the zoning administrator the following information with respect to the projects:

a.

All names, address and telephone numbers of:

(1)

The person, firm, corporation or other legal entity with an ownership interest in the land on which the project will be located together with a statement that the entity is a fee owner or land contract purchaser.

(2)

All engineers, attorneys, architects, and licensed land surveyors, involved in the condominium project.

b.

The legal description of the land including tax identification numbers.

c.

The total acreage.

d.

The intended use.

e.

The number of units to be developed.

f.

A copy of the proposed master deed.

2.

Condominium projects shall contain all information required by the Condominium Act.

3.

The information shall be filed with the city clerk at the time the information is filed with the zoning administrator, and shall be kept current.

4.

Application for condominium review shall be made at least 30 days prior to the planning commission [now planning board—see Charter § 5-201] meeting at which the condominium project is to be considered. Payment of an application fee which shall be nonrefundable, may be established by the city council.

All condominium plans must be approved by the planning commission [now planning board—see Charter § 5-201]. In making determination, the planning commission [now planning board—see Charter § 5-201] shall consult with the zoning administrator, city attorney, and the city engineer regarding the adequacy of the master deed, deed restrictions, utility systems, streets, project design, and layout and compliance with the Condominium Act [MCL 559.101 et seq.]. All condominium developments must conform to the following requirements:

1.

Streets and necessary easements.

a.

The condominium plan shall include all necessary easements granted to the City of Montrose for the purpose of constructing, operating, inspecting, maintaining, repairing, altering, replacing and/or removing pipelines, mains, conduits, and other installations of a similar character (commonly called "public structures") for the purpose of providing public utilities, including conveyance of sewage, water and stormwater runoff across, through and under the property subject to said easement, and excavating and filling ditches and trenches necessary for the location of said structures.

b.

Condominium projects with streets shall comply with all street requirements of the City of Montrose. Projects which connect public streets shall have the project street dedicated to the public.

2.

Setbacks and boundaries.

a.

Single-family detached units [shall have the following specifications]:

(1)

Front yard setback. One-half the approved or recorded street right-of-way plus the current setback for the existing zoning.

(2)

Side yard setback. The distance between units shall be twice the zoned minimum of a typical single lot side yard setback. The distance from the unit to the limit of development shall meet the existing zoned minimum.

(3)

Rear yard setback. The distance between the rear of two units shall be twice the zoned minimum rear yard setback of a typical single lot rear yard setback. The distance from the rear of the unit to the limits of the development shall meet the existing zoned minimum.

b.

Multiple-family buildings shall meet the standards of multiple-family development.

c.

The relocation of boundaries as defined in section 148 of the Condominium Act [section 148 of Public Act No. 59 of 1978] shall conform to all setback requirements of this ordinance for the district in which the project is located. Plans shall be submitted to the planning commission [now planning board—see Charter § 5-201] for review and approval and any requirements shall be made a part of the bylaws and recorded as part of the master deed.

3.

Common elements. After construction of a condominium unit, the undeveloped area of a unit site shall become a common element.

4.

Encroachment. A condominium project shall not be constructed in a manner that intentionally creates an encroachment.

5.

Subdivision of unit sites. Subdivision of condominium unit sites is prohibited and shall be made as part of the bylaws and recorded as part of the master deed.

6.

Water and waste water. A condominium project shall be connected to the city water and sewer system.

7.

Expansion and conversion. Prior to expansion or conversion of a condominium project to additional land, a new phase must be approved by the planning commission [now planning board—see Charter § 5-201].

8.

Master deed. The project developer shall furnish the zoning administrator with one copy of the proposed consolidated master deed, one copy of bylaws and two copies of the proposed plans. Fees for this review shall be established by the city council.

9.

As-built plan and occupancy. Submission of an as-built plan for a condominium unit is required prior to occupancy. The zoning administrator may allow occupancy of the project before all improvements are installed, provided that a bond is submitted to the city's clerk, sufficient in amount and type to provide for the installation of improvements before the expiration of the temporary occupancy permit without expense to the city. The amount of the bond shall be determined by the city's engineers.

10.

Final bylaws, consolidate master deed and site plan. After approval, the developer shall furnish the city with a copy of the bylaws and consolidated master deed. The site plan shall be provided on a mylar sheet of at least 24 inches by 36 inches.

11.

Compliance with other statutes and ordinances. All condominium projects shall comply with all applicable federal and state laws.