(1)

Site plan review required. Prior to the establishment of a new use, change of use, addition to or expansion of 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 planning commission in accordance with the ordinance requirements of this article.

a.

Site plan reviews is required for all permitted principal uses and structures in all zoning districts (except for the single-family detached dwellings and their accessory uses) and all conditional approval uses in all zoning districts.

b.

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 official, to provide for an administrative review by the zoning official in lieu of a more formal review by the planning commission. The zoning official may conduct an administrative review provided both of the following are true:

1.

No variances to the ordinance are required.

2.

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.

c.

For those cases requiring site plan review solely as a result of building re-occupancy, site plan review procedures may be modified, at the discretion of the zoning official, to provide for an administrative review by the zoning official in lieu of a more formal review by the planning commission. The zoning official may conduct an administrative review provided all of the following are true:

1.

Such use is conducted within a completely enclosed building.

2.

Re-occupancy does not affect the number of parking spaces provided or alter access locations or design.

3.

Re-occupancy does not substantially alter the character of the site.

d.

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

(2)

Application material required. To initiate site plan review by the planning commission, the following application material shall be submitted:

a.

A completed and signed application for site plan review.

b.

Seven copies of the site plan, prepared in accordance with the requirements of this article.

c.

The required application fee.

Upon submission of the required application materials, the site plan review request shall be placed on the next open planning commission agenda. The application material shall be distributed to the appropriate city officials for review. Site plans involving conditional uses will be subject to the review process established by section 13.3.

(3)

Information required. The following information shall be included on the site plan:

a.

Date, north arrow and scale; a scale of not less than one inch equals 20 feet if the subject property is less than three acres and one inch equals 100 feet if three acres or more.

b.

The dimensions of all lot and property lines, showing the relationship of the subject property to abutting properties and buildings within 100 feet.

c.

Legal description of the subject property.

d.

Existing and proposed topography with contours at two-foot intervals (based on U.S.G.S. datum), extending a minimum of 100 feet beyond site boundaries.

e.

An inventory of existing woodlots, trees and vegetation on the site and an indication of any proposed alterations.

f.

Soil characteristics of the site, at least to the detail provided by the U.S. Soil Conservation Service.

g.

Water courses and water bodies, including lakes, ponds, rivers, streams, floodplains and wetlands, county/city drains, and manmade surface drainage ways.

h.

Natural and engineered drainage patterns (e.g., natural drainage courses, storm sewers), existing and proposed, including any structures (e.g., drains, catch basins, dry wells), retention/detention basins and other facilities designed to collect, store and transport storm water.

i.

The size and location of existing and proposed utilities, including proposed connections to public sewer or water supply systems and fire hydrants.

j.

A schedule of parking needs. Separate drawings may be submitted to indicate usable floor areas, etc., for computation of parking needs.

k.

A detailed landscape plan and schedule of plant materials and sizes.

l.

Cross-section drawings, including height and type, of any trash storage areas, fences, walls, or berms.

m.

The location and width of all existing and proposed sidewalks on or bordering the subject property.

n.

The location, setbacks, dimensions and height of all existing and proposed structures on the subject property and all existing structures within 100 feet of the subject property.

o.

Elevations and floor plans for all existing and proposed buildings.

p.

The location and dimensions of all existing and proposed drives, loading/unloading areas and parking areas.

q.

The location and width of the pavement and right-of-way of all abutting streets and alleys.

r.

The name, address, and telephone number of the professional responsible for the preparation of the site plan, including the seal of the architect, engineer or land surveyor who prepared the drawings.

s.

The names, addresses and telephone numbers of the property owner and applicant.

t.

In addition to the above information, the applicant shall submit a supplementary explanation as to the specific type(s) of activities proposed. Such information shall include, but not be limited to:

1.

Estimated number of employees, proposed number of shifts and the maximum number of employees on each shift.

2.

Hours of operation.

3.

A description of the proposed operation in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, water pollution, land pollution, fire or safety hazards, or the emission of potentially harmful or obnoxious matter or radiation.

4.

Improvements proposed to remedy or prevent identified impacts.

u.

Any other information deemed necessary by the planning commission.

4.

Content of site plan file. The site plan(s), all supplementary data, together with minutes of any meeting and/or hearings related to the proposed site plan shall become part of the official site plan file.

Standards for approval. The following criteria shall be used as a basis upon which site plans will be reviewed and approved:

a.

Site design characteristics: All elements of the site design shall be harmoniously and efficiently organized in relation to topography, the size and nature of the property, the character of adjoining property, and the type and size of buildings. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted by this article.

b.

Ingress and egress: There is a proper relationship between the abutting street and proposed driveways and parking areas so as to ensure the safety and convenience of vehicular and pedestrian traffic.

c.

Vehicular and pedestrian circulation layout: The vehicular and pedestrian circulation layout shall respect the pattern of existing or planned streets or pedestrian or bicycle pathways in the vicinity of the site.

d.

Emergency vehicle access: All buildings or groups of buildings shall be so arranged as to permit convenient and direct emergency vehicle access.

e.

Screening: The provision for fencing, walls, and/or landscaping may be required as a screening device to minimize adverse effects upon surrounding properties.

f.

Natural feature preservation: As many features of the landscape shall be retained as possible where they furnish a barrier or buffer to adjoining properties used for dissimilar purposes and where they assist in preserving the general appearance of the neighborhood or help control erosion and/or the discharge of storm waters. Effort to preserve the integrity of the land, existing topography, natural features and natural drainage patterns to the greatest extent feasible shall be demonstrated.

g.

Storm water management: Appropriate measures shall be taken to ensure that the removal or drainage of surface storm water will not adversely affect adjoining properties or the capacity of the public or natural storm drainage system. Provisions shall be made for a feasible storm drainage system, the use of green infrastructure solutions, where possible, the construction of storm water facilities, and the prevention of erosion. Surface water on all paved areas shall be collected at intervals so that it will not obstruct vehicular or pedestrian traffic and will not create nuisance ponding in paved areas. Grading and drainage plans shall be subject to review by the city.

h.

Soil erosion and sedimentation: Appropriate measures shall be taken to prevent soil erosion and sedimentation during and upon completion of construction, in accordance with current county and city standards.

i.

Public services: Adequate services and utilities, including water, sanitary sewer, and storm water control services, shall be available or provided, and shall be designed with sufficient capacity and durability to properly serve the development. All services and utilities shall conform to the design and construction standards of the county or city, as appropriate.

j.

Danger from hazards: The level of vulnerability to injury or loss from incidents involving hazardous materials or processes shall not exceed the capability of the city to respond to such hazardous incidents so as to prevent injury and loss of life and property. In making such an evaluation, the city shall consider the location, type, characteristics, quantities, and use of hazardous materials or processes in relation to the personnel, training, equipment and materials, and emergency response plans and capabilities of the city.

Sites which include storage of hazardous materials or waste, fuels, salt, or chemicals shall be designed to prevent spills and discharge of polluting materials to the surface of the ground, groundwater, or nearby water bodies.

k.

Health and safety concerns: Any use in any zoning district shall comply with applicable federal, state, county, and local health and pollution laws and regulations with respect to noise; dust, smoke and other air pollutants; vibration; glare and heat; fire and explosive hazards; gases; electromagnetic radiation; radioactive materials; and, toxic and hazardous materials.

l.

Sequence of development: All development phases shall be designed in logical sequence to ensure that each phase will independently function in a safe, convenient and efficient manner without being dependent upon subsequent improvements in a later phase or on other sites.

m.

Coordination with adjacent sites: All site features, including circulation, parking, building orientation, landscaping, lighting, utilities, common facilities, and open space shall be coordinated with adjacent properties.

5.

Planning commission actions. The planning commission, upon reviewing a site plan, shall take one of the following actions:

a.

Approval. If the site plan meets all the Zoning Ordinance and related development requirements and standards, the planning commission shall approve the site plan.

b.

Disapproval. If the site plan does not meet Zoning Ordinance and related development requirements and standards, or if the site plan requires extensive revision to comply with said standards, the planning commission shall deny the site plan. The applicant may subsequently refile a corrected site plan under the same procedures followed for the initial submission.

c.

Conditional approval. If minor corrections to the site plan are necessary, the planning commission may impose reasonable conditions upon approval of the site plan. The conditions for approval shall be identified and the applicant shall submit a revised plan indicating compliance with said conditions. The applicant must submit the revised site plan to the planning commission for final approval, unless the planning commission authorizes administrative review.

Postponement: If the site plan is found to be in violation of the requirements or incomplete with respect to necessary information, the planning commission may postpone consideration of a site plan until a later meeting.

6.

Performance guarantees. To ensure compliance with the Zoning Ordinance and any condition imposed thereunder, the planning commission may require that a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the planning commission, covering the estimated cost of improvements associated with a project for which site plan approval is sought, be deposited with the city to ensure faithful completion of the improvements:

a.

The performance guarantee shall be deposited prior to the issuance of a temporary certificate of occupancy. The city shall establish procedures whereby a rebate of any cash deposits in reasonable proportion to the ratio of work completed on the [improvements].

b.

Required improvements will be made as work progresses. Any partial release of funds shall be less than ten percent of the performance guarantee, which shall be retained by the municipality until all work has been completed and subsequently inspected and approved by the zoning official. This does not relieve the applicant from satisfying all applicable maintenance warranties and/or guarantees necessary to ensure the proper functioning of said public improvements.

c.

If any improvements are not constructed within the time limit established as part of the site plan approval or within any extension thereof, the planning commission shall request the city take appropriate legal steps to ensure completion using so much of the performance guarantee as is necessary for such purpose.

d.

As used in this section, "improvements" mean those features and actions associated with a project which are considered necessary by the planning commission to protect natural resources, or the health, safety, and welfare of the residents of the city and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening, landscaping, and surface drainage. Improvements do not include the entire project which is the subject of zoning approval.

7.

Term of approval. The site plan approval shall remain valid for a period of one year from the date of approval. One six-month time extension may be granted after a review of the application by the planning commission. At the end of the six-month extension, if no building permit has been obtained and on-site development actually commenced, the site plan approval shall become void.

(Ord. No. 213, Art. I, 5-7-18; Ord. No. 228, Art. IV, 8-5-24)

The following regulations shall apply to all condominium developments within the City of Parchment.

1.

Initial information. Concurrently with notice required to be given the City of Parchment pursuant to section 71 of Public Act 59 of 1978, as amended (the Condominium Act), a person, firm or corporation intending to develop a condominium development shall provide the following information:

a.

The name, address, and telephone number of:

(1)

All persons, firms or corporations with an ownership interest in the land on which the condominium development will be located together with a description of the nature of each entity's interest (for example, fee owner, optionee, or land contract vendee).

(2)

All engineers, attorneys, architects or registered land surveyors associated with the project.

(3)

The developer or proprietor of the condominium development.

b.

The legal description of the land on which the condominium development will be developed together with appropriate tax identification numbers.

c.

The acreage content of the land on which the condominium development will be developed.

d.

The purpose of the development (for example, residential, commercial, industrial, etc.).

e.

Approximate number of condominium units to be developed on the subject parcel.

f.

Whether or not a community water system is contemplated.

g.

Whether or not a community sewer system is contemplated.

2.

Information to be kept current. The information shall be furnished to the building official and shall be kept updated until such time as a certificate of occupancy has been issued pursuant to section 19.5 of this Ordinance.

3.

Site plans for new projects. Prior to recording of the master deed required by section 72 of Public Act 59 of 1978, as amended, the condominium development shall undergo site plan review and approval pursuant to section 13.1 of this Ordinance. In addition, the city shall require appropriate engineering plans and inspections prior to the issuance of any certifications of occupancy.

4.

Site plans for expandable or convertible projects. Prior to expansion or conversion of a condominium development to additional land, the new phase of the project shall undergo site plan review and approval pursuant to section 13.1 of this Ordinance.

5.

Master deed, restrictive covenants and "as built" survey to be furnished. The condominium development developer or proprietor shall furnish the building official with the following: One copy of recorded master deed, one copy of all restrictive covenants and two copies of an "as built survey." The "as built survey" shall be reviewed by the city engineer for compliance with local ordinances. Fees for this review shall be established by resolution of the city commission.

6.

Monuments required. All condominium developments which consist in whole or in part of condominium units which are building sites shall be marked with monuments as provided in this subsection.

a.

All monuments used shall be made of solid iron or steel bars at least one-half inches in diameter and 36 inches long and completely encased in concrete at least four inches in diameter.

b.

Monuments shall be located in the ground at all angles in the boundaries of the condominium development; at the intersection lines of streets and at the intersection of the lines of streets with the boundaries of the condominium development and at the intersection of alleys with the boundaries of the condominium development; at all points of curvature, points of tangency, points of compound curvature, points of reverse curvature and angle points in the side lines of streets and alleys and at all angles of an intermediate traverse line. It is not intended nor required that monuments be placed within sides of all interior roadways and so located as to provide access to all general common areas. Upon review of the site plan, the planning commission may approve alternative locations for the walkways or may waive the walkway requirement if it would not serve the purpose of providing adequate pedestrian circulation.

7.

Utilities:

a.

An adequate storm drainage system including necessary storm sewers, catch basins, manholes, culverts, bridges, and other appurtenances shall be required in all developments.

b.

A public sanitary sewer system shall be required.

c.

A public water supply system shall be required.

d.

The proprietor shall make arrangements for all lines for telephone, electric, television, and other similar services distributed by wire or cable to be placed underground entirely throughout the development area, and such conduits or cables shall be placed within private easements provided to such service companies by the developer or within dedicated public ways, provided only that overhead lines may be permitted upon written recommendation of the city engineer and the approval of the planning commission at the time of site plan approval where it is determined that overhead lines will not constitute a detriment to the health, safety, general welfare, design, and character of the development. All such facilities placed in dedicated public ways shall be planned so as not to conflict with other underground utilities. All such facilities shall be constructed in accordance with standards of construction approved by the Michigan Public Service Commission. All drainage and underground utility installations which traverse privately held property shall be protected by easements granted by the proprietor.

8.

Final documents to be provided. After submittal of the condominium plan and by-laws as part of the master deed, the proprietor shall furnish to the city a copy of the site plan on a mylar sheet of at least 13 × 16 inches with an image not to exceed 10½ × 14 inches.

A review fee, the schedule of which shall be determined and may be amended from time to time by the city commission will be paid for by the applicant to cover the costs of processing the site plan.

(Ord. No. 213, Art. II, 5-7-18)

1.

Application:

a.

The uses identified as special condition uses are recognized as possessing characteristics of such unique and special nature (relative to location, design, size, public utilities needs, and other similar characteristics) as necessitating individual standards and conditions in order to safeguard the general health, safety and welfare of the community.

b.

The city commission, as provided herein, shall have the authority to approve conditional use permits, subject to such conditions of design, operation, and appropriate and reasonable safeguards as the city may require for any special condition use included in the various provisions of this Zoning Ordinance.

2.

Data required:

a.

Application for any conditional use permit as provided under the provisions of this Ordinance shall be made to the building official by filing an official special condition use permit application form; submitting required data, exhibits, and information; and depositing the required fee as established by resolution of the city commission, and as may be amended from time-to-time. No portion of such fee shall be reimbursable to the applicant.

b.

An application for a conditional use permit shall contain the following:

(1)

Applicant's name, address and telephone number.

(2)

Address and tax description number of the subject parcel.

(3)

A signed statement that the applicant is the owner of the subject parcel, or is acting as the owner's representative.

(4)

A certified survey drawing of the subject parcel.

(5)

A complete site plan containing all of the applicable data outlined in section 13.1, Review and Approval of Site Plans.

(6)

Supporting statements, evidence, data, information and exhibits which address those standards and requirements for assessing special condition use permit applications outlined in subsection 4., below.

c.

Architects or engineer's seal.

d.

Any other information deemed necessary by the planning commission.

3.

Public hearing requirements. Upon receipt of an application for a use requiring conditional approval, the planning commission shall hold a public hearing, one notice of which shall be published not less than five nor more than 15 days prior to the public hearing date in a newspaper of general circulation in the city and sent by first class mail to the owners of the property for which special condition approval is being considered, to the owners of record of all real property and to the occupants of all structures located within 300 feet of the boundaries of the property in question. The notice shall:

a.

Describe the nature of the special condition use request.

b.

Adequately describe the property in question.

c.

State the date, time, and place of the public hearing.

d.

Indicate when and where written comments concerning the request will be received.

4.

Standards for approval:

a.

The planning commission shall review the particular circumstances and facts applicable to each proposed special condition use in terms of the following standards and requirements and shall make a determination as to whether the use proposed to be developed on the subject parcel meets the following standards and requirements:

(1)

Will be harmonious with and in accordance with the general objective of the Future Land Use Plan.

(2)

Will be designed, constructed, operated, maintained, in harmony with existing and intended character of the general vicinity and so that such use will not change the essential character of that area.

(3)

Will not be hazardous or detrimental to existing or future neighboring uses.

(4)

Will represent a substantial improvement to property in the immediate vicinity and general benefit to the community as a whole.

(5)

Will be served adequately by essential public services and facilities, such as highways, streets, drainage structures, police and fire protection and refuse disposal; or persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately for such services.

(6)

Will not create excessive additional requirements at public cost for public facilities and services, and will not be detrimental to the economic welfare of the community.

(7)

Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive smoke, fumes, glare, noise, vibration or odors.

(8)

Will be consistent with the intent and purposes of this Ordinance.

b.

If the facts regarding the special condition use being reviewed do not establish by a preponderance of the evidence that the standards and requirements set forth in this Zoning Ordinance will be met by the proposed use, the planning commission shall not recommend special condition approval to the city commission.

In recommending approval of a special condition use permit to the city commission, the planning commission shall recommend imposition of such reasonable conditions of use as it deems necessary to protect the best interests of the city and the general vicinity, to achieve the objectives of this Ordinance and to assure that the general public health, safety, and welfare will not be infringed upon.

The planning commission may recommend denial, approval or approval with conditions, on a request for special condition use approval. The recommendation on a special condition use shall be incorporated in a statement containing the conclusions relative to the special condition use under consideration which specifies the basis for the decision and any conditions recommended.

c.

Upon holding a public hearing and review of the special condition use request, the planning commission shall within 30 days forward to the city commission its finding and recommendation. The finding shall include a record of those conditions which are recommended to be imposed. The city commission, upon receipt of the finding and recommendation, may deny, approve, or approve with conditions, any request for a special condition use approval. Any decision on such a request shall state the findings of fact and specify the conclusions drawn therefrom and any conditions imposed thereon. Any conditions imposed shall remain unchanged except upon the mutual consent of a majority of the city commission and the landowner, and the city commission shall maintain a record of all conditions that are changed. All records of proceedings hereunder shall be kept and made available to the public.

d.

The conditional use review and site plan review may occur concurrently at the discretion of the planning commission.

(Ord. No. 213, Art. II, 5-7-18)

Editor's note— Ord. No 213, Art. III, adopted May 7, 2018, enacted a new § 13.3 and renumbered the former § 13.3 as § 13.4 as set out herein.

The applicant or owner shall submit to the city clerk a completed environmental checklist.

(Ord. No. 213, Art. V, 5-7-18)

The applicant or owner shall submit to the city clerk a stormwater management plan and stormwater calculations.

(Ord. No. 213, Art. VI, 5-7-18)

The applicant or owner shall submit to the city clerk a signed stormwater best management practices operations and maintenance agreement between the city and the landowner or designee together with the applicable recording fee.

(Ord. No. 213, Art. VII, 5-7-18)