The provisions of this chapter shall be administered and enforced by the building official or by such deputies of his department as the building official may delegate to enforce the provisions of this chapter.

(Ord. of 10-6-03)

(a)

The building official shall have the authority to grant zoning compliance and occupancy permits, to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter. It shall be unlawful for the building official to approve any plans or issue any permits or certificates of occupancy for any excavation or construction until he has inspected such plans in detail and found them to conform with this chapter.

(b)

The building official is under no circumstances permitted to make changes in this chapter nor to vary the terms of this chapter in carrying out his duties as building official.

(c)

The building official shall not refuse to issue a permit when conditions imposed by this chapter are complied with by the applicant despite violations of contracts, such covenants or private agreements which may occur upon the granting of such permit.

(Ord. of 10-6-03)

The building official shall require that all applications for building permits shall be accompanied by plans and specifications including a plot plan, in duplicate, drawn to scale, showing the following:

(1)

The actual shape, location, and dimensions of the lot.

(2)

The shape, size, and location of all buildings or other structures to be erected, altered or moved on the lot and of any building or other structures already on the lot.

(3)

The existing and intended use of the lot and of all such structures upon it including, in residential areas, the number of dwelling units the building is intended to accommodate.

(4)

Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being observed. One copy of the plans shall be returned to the applicant by the building official, after he shall have marked such copy either as approved or disapproved. The second copy shall be retained in the office of the building official.

(5)

Any guarantee required under this chapter shall be deposited with the city treasurer prior to the issuance of permits, i.e., temporary occupancy requires a bond.

(Ord. of 10-6-03)

The following shall apply in the issuance of any permit:

(1)

Not to be issued. No building permit shall be issued for the erection, alteration, or use of any building or structure or part thereof, or for the use of any land, which is not in accordance with all provisions of this chapter.

(2)

New use of land. No land heretofore vacant shall hereafter be used or an existing use of land be hereafter changed to a use of a different class or type unless a certificate of occupancy is first obtained for the new or different use.

(3)

New use of building. No building or structure, or part thereof, shall be changed to or occupied by a use of a different class or type unless a certificate of occupancy is first obtained for the new or different use.

(4)

Required. No building or structure, or part thereof, shall be hereafter erected, altered, moved, or repaired unless a building permit shall have been first issued for such work. The terms "altered" and "repaired" shall include any changes in structural parts, stairways, type, class or kind of occupancy, light or ventilation, means of egress and ingress, or other changes affecting or regulated by the city building code, state housing law, or this chapter, except for minor repairs or changes not involving any of such features.

(Ord. of 10-6-03)

(a)

No land, building, structure, or part thereof, shall be occupied by or for any use unless and until a certificate of occupancy shall have been issued for such new use. The following shall apply in the issuance of any certificate:

(1)

Not to be issued. No certificates of occupancy pursuant to the building code of the city shall be issued for any building, structure or part thereof or for the use of any land, which is not in accordance with all the provisions of this chapter.

(2)

Required. No building or structure, or part thereof, which is hereafter erected or altered, shall be occupied or used or the same caused to be done, unless and until a certificate of occupancy shall have been issued for such building or structure.

(3)

Existing buildings. Certificates of occupancy shall be issued for existing buildings, structures, or parts thereof, or existing uses of land if, after inspection, it is found that such buildings, structures, or parts thereof, or such use of land, are in conformity with the provisions of this chapter.

(4)

Guarantees. Guarantee in the form of a cash deposit, certified check, irrevocable bank letter of credit or surety bond shall be provided in a form acceptable to the city. The amount of such guarantee shall cover all improvements not normally covered in the building permit, e.g., berms, walls, landscaping, lighting, surfacing of drives, parking, service drives, acceleration/deceleration lanes, bypass lanes and other traffic control devices, etc. The guarantee shall include a schedule of costs assigned to the different improvements. Monies may be released to the applicant in proportion of work completed on the different elements after inspection of work and approval of the building official. Any partial release of funds shall be less than 90 percent, ten percent which shall be retained by the city until all work has been completed and subsequently inspected and approved by the building official.

a.

If more than one bond or guarantee is involved in construction of the improvements required in this section, each such assurance shall be treated as a separate agreement and the ten percent holdback may be released upon satisfactory completion of such phase of construction and approval of the building official.

b.

In instances where all improvements, as required in this section, are not completed, and a temporary certificate of occupancy is requested, the estimated cost of such improvement shall be verified by the building official, particularly with respect to any delay to another construction season. The building official, in evaluating the adequacy of the financial guarantees, may request any necessary input from the city engineer, planner, and landscape architect. If the estimated cost has changed, then a revised guarantee, acceptable to the city, shall be filed with the treasurer covering such improvements.

(5)

Temporary certificates. Nothing in this chapter shall prevent the issuance of a temporary certificate of occupancy for a portion of a building or structure in process of erection or alteration, and provided further that such portion of the building, structure, or premises is in conformity with the provisions of this chapter. A surety bond shall be obtained to bring all items in line with the site plan and building code.

(6)

Records of certificates. A record of all certificates issued shall be kept on file in the office of the building official, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property involved.

(7)

Certificates for dwelling accessory buildings. Buildings accessory to dwellings shall not require separate certificates of occupancy but may be included in the certificate of occupancy for the dwelling when shown on the plot plan and when completed at the same time as such dwellings.

(8)

Applications for certificates. Application for certificate of occupancy shall be made in writing to the building official on forms furnished by the department, and such certificate shall be issued within ten days after receipt of such application if it is found that the building or structure, or part thereof, or the use of land is in accordance with the provisions of this chapter.

(b)

If such certificate is refused for cause, the applicant therefore shall be notified in writing of such refusal and cause thereof, within the ten-day period.

(Ord. of 10-6-03)

The holder of every building permit for the construction, erection, alteration, repair, or moving of any building, structure, or part thereof, shall notify the building official immediately upon the completion of the work authorized by such permit, for a final inspection.

(Ord. of 10-6-03)

Fees for inspection and the issuance of permits or certificates or copies thereof, required or issued under the provisions of this chapter, shall be collected by the city treasurer in advance of issuance. The amount of such fees shall be established by resolution of the city commission and shall cover the cost of inspection and the supervision resulting from enforcement of this chapter.

(Ord. of 10-6-03)

In instances where a public hearing is required under this chapter with the planning commission, the zoning board of appeals, or the city commission, written notice of the public hearing shall be in accordance with the Michigan Zoning Enabling Act, Public Act 110 of 2006 as amended, MCL 125.3101 et seq., and the Open Meetings Act, MCL 15.261 et seq. Notice shall be as follows:

(a)

Notice content. The notice shall do all of the following:

(1)

Describe the nature of the request;

(2)

Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used;

(3)

State when and where the request will be considered;

(4)

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

(b)

Notice publication and mailing. Notice shall be published and mailed no less than fifteen days prior to the public hearing as follows:

(1)

Notice of the request shall be published in a newspaper of general circulation in the city.

(2)

Notice shall be sent by mail or personal delivery to the owners of property for which approval is being considered.

(3)

Notice shall also be sent to all persons to whom real property is assessed within three hundred feet of the subject property and to the occupants of all structures within three hundred feet of the subject property regardless of whether the property or structure is located in the zoning jurisdiction. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure. If the name of the occupant is not known, the term "occupant" may be used for the intended recipient of the notice.

(4)

The notice under subsection (b)(3) of this section is considered to be given when personally delivered or when deposited during normal business hours for delivery with the United States Postal Service or other public or private delivery service.

(c)

Ordinance amendments and rezoning of more than ten properties. Public hearings for an amendment to this title, or the zoning map, that affects more than ten properties shall only require notice in a newspaper, which shall not be required to indicate the property subject to the request under subsection (a)(2) of this section, and notice shall not be required to be mailed to individual properties under subsections (b)(2) and (b)(3) of this section.

(d)

Zoning board of appeals interpretations and appeals. Public hearings for ordinance interpretations and appeals of administrative decisions by the zoning board of appeals shall only require notice in a newspaper, as required in subsection (a)(2) of this section and if the interpretation or appeal of an administrative decision involves a specific property, notice shall also be given to the person bringing the appeal, as required in subsection (b)(2) of this section. Variances shall require full notification under subsections (b)(1) through (b)(3) of this section.

(Ord. of 10-6-03; Ord. No. 2012-04, § 14, 11-5-12)

In interpreting and applying the provisions of this chapter they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comforts, morals, prosperity and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any ordinance, rules, regulations or permits previously adopted or issued, and not in conflict with any of the provisions of this chapter, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises and likewise not in conflict with this chapter, nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties, provided, however, that where this chapter imposes a greater restriction upon the use of buildings, or premises or upon height of buildings, or requires larger open spaces or larger lot areas than are imposed or required by such ordinance or agreements, the provisions of this chapter shall control.

(Ord. of 10-6-03)

The city planning commission is hereby designated as the commission specified in Section 4, of Act No. 207 of the Public Acts of Michigan of 1921 (MCL 125.581 et seq., MSA 5.2931 et seq.), as amended, to perform the duties of such commission as provided in the statute in connection with the amendment of this chapter.

(Ord. of 10-6-03)

All amendments to the zoning ordinance must be reviewed by the city planning commission. Amendments may be initiated by the city commission, planning commission, staff initiated recommendations, or individual petitions, for either zoning text or zoning district boundary changes. in any event, the planning commission shall hold a public hearing as required in Public Act 110 of 2006 as amended. After the public hearing has been closed, or at a subsequent meeting, the planning commission shall submit a recommendation to the city commission on the proposed change.

Notification for public hearings shall be in accordance with section 78-377.

Petitions for zoning ordinance amendments or conditional zoning amendments shall be submitted to the building department on standard forms provided by the third Tuesday of each month, before the next regularly scheduled planning commission meeting. If the planning commission or building department determines that the application is administratively complete, the planning commission shall set a date for a public hearing to receive public comment. The standard forms shall be completed in the manner prescribed and such documents, as required by the ordinance, shall be filed with the building department. A fee schedule, as provided by resolution of the city commission, shall be levied against each petition to covers the costs of administering the application, advertising public hearings, consultant review, and other incidental costs relative to said petition. The building department shall transmit the application to the planning commission.

In reviewing any petition for a zoning map amendment, the planning commission shall evaluate all factors relevant to the petition and shall make its recommendations for disposition of the petition to the city commission following a public hearing.

The factors to be considered by the planning commission may include, but shall not be limited to, the following:

(a)

Whether the rezoning is consistent with the policies and uses proposed for that area in the city's master land use plan. If conditions have changed since the master plan was adopted, the consistency with recent development trends in the area as well as other factors or conditions which may have changed.

(b)

Whether there are substantial reasons why the property cannot be reasonably used as currently zoned.

(c)

Whether adequate sites are available elsewhere that are already zoned to accommodate the proposed use.

(d)

Whether the rezoning would constitute a spot zone granting a special privilege to one landowner not available to others.

(e)

Whether all of the uses allowed under the proposed rezoning would be compatible with other zones and uses in the surrounding area.

(f)

Whether any public services, facilities, traffic flow, or natural features would be significant and adversely impacted by a development or use allowed under the requested rezoning.

(g)

Whether the uses allowed under the proposed rezoning would be equally or better suited to the area than uses allowed under the current zoning of the land.

(h)

Whether the condition and/or value of property in the city or in adjacent communities would be significantly and adversely impacted by a development or use allowed under the requested rezoning.

(i)

Whether or not the requested zoning change is justified by a change in conditions since the original ordinance was adopted or by an error in the original ordinance.

(j)

Whether precedents might result from approval or denial of the petition, and the possible effects of such precedents.

(Ord. of 10-6-03; Ord. No. 2012-04, § 15, 11-5-12)

Consideration of an amendment to this chapter may be initiated upon presentation of a petition for amendment by the owner of real estate affected. Such petition shall be accompanied by a fee, the amount of which shall be set by resolution of the city commission and shall be used to defray the expense of publishing the required notices of public hearings, and the expenses of such public hearing. A period of not less than six months is required between presentation of petitions for a change or amendments applying to a specific piece of property, where such petition was denied in the first instance.

(Ord. of 10-6-03)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not more than $500.00 and the cost of prosecution or, in default of the payment thereof, by imprisonment for a period not to exceed 90 days, or by both such fine and imprisonment at the discretion of the court. Each day that a violation is permitted to exist shall constitute a separate offense. The imposition of any sentence shall not exempt the offender from compliance with the requirements of this chapter.

(Ord. of 10-6-03)

Any building or structure which is erected, altered or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of this chapter [February 11, 1992] and in violation of any of the provisions thereof is hereby declared to be a public nuisance per se.

(Ord. of 10-6-03)

The rights and remedies provided in this chapter are cumulative and in addition to any other remedies provided by law.

(Ord. of 10-6-03)

(a)

In cases where the planning commission is empowered to approve certain use of premises under the provisions of this chapter, the applicant shall furnish such surveys, plans or other information as may be reasonably required by the planning commission for the proper consideration of the matter.

(b)

The planning commission shall investigate the circumstances of each such case and shall notify such parties who may, in its opinion, be affected thereby of the time and place of any hearing which may be held relative thereto as required under its rules of procedure.

(c)

The planning commission may impose such conditions or limitations in granting approval as may in its judgment be necessary to fulfill the spirit and purpose of this chapter.

(d)

Any approval given by the planning commission, under which premises are not used or a building permit issued within 12 months or when such use or work has been abandoned for a period of 12 months, shall lapse and cease to be in effect.

(e)

The planning commission shall not have the power to change the zoning classification of any property, nor to grant exceptions or variances from any terms or requirements of this chapter.

(Ord. of 10-6-03)

Nothing in this chapter should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein; and, they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety and welfare.

(Ord. of 10-6-03)

(a)

Intent. It is recognized that there are certain instances where it would be in the best interests of the city, as well as advantageous to property owners seeking a change in zoning classification, that certain conditions could be proposed by property owners as part of a request for rezoning. This is especially true since the city must consider all potential uses which may be made of property when considering a traditional rezoning request, some of which may be inappropriate for a particular piece of property considering items such as, but not limited to, the surrounding land uses, the city master plan, available infrastructure and utilities, and natural features. It is the intent of this section to provide a process consistent with the provisions of section 405 of the Michigan Zoning Enabling Act, Public Act No. 110 of 2006 as amended, MCL 125.3101 et seq., by which an owner seeking a rezoning may voluntarily propose conditions regarding the use and/or development of land as part of the rezoning request.

(b)

Application and offer of conditions. An owner of land may voluntarily offer in writing conditions relating to the use and/or development of land for which a conditional rezoning is requested. This offer may be made either at the time the application for conditional rezoning is filed, or additional conditions may be offered at a later time during the conditional rezoning process as set forth below.

(1)

General procedure. A request for a conditional rezoning shall be commenced by filing an application with the building department, on the required forms, accompanied by the specified fees. The application and process for considering a conditional rezoning request will be the same as that for considering a rezoning request without any conditions, except as modified by this section. The application shall explicitly describe the proposed conditional rezoning and shall be signed by the owner of the property. Applications for conditional rezoning of a specific site shall be accompanied by a plot plan or survey, as well as a conceptual plan showing the specific proposed use of the property. The conceptual plan shall contain the following details:

a.

A scaled map or drawing of the property.

b.

Existing and proposed uses, buildings, and structures.

c.

Proposed parking arrangements and on-site circulation.

d.

Relationship of the site to adjoining parcels.

e.

Proposed landscape screens, walls, or buffers.

f.

Detailed information regarding topography, site engineering, building architecture, or other items not relevant to the zoning decision may be waived by the planning commission.

(2)

Pre-application conference. Prior to filing a formal request for a conditional rezoning, and prior to a public hearing, the applicant is encouraged to meet with the city building official, city planning consultant, and other representatives as deemed necessary by the city, to discuss the proposed development. The pre-application conference is intended to be informative and advisory in nature, and affords the applicant the opportunity to discuss the land use and planning policies of the City of Plymouth.

The applicant must present a conceptual plan for the contemplated conditional rezoning at or before the pre-application conference. Any and all statements made by the representatives of the city at the pre-application conference have no legal force and are not legal and binding promises, commitments, or contracts.

(c)

Review procedures. The owner's offer of conditions may not purport to authorize uses or developments not permitted in the requested new zoning district. The owner's offer of conditions shall bear a reasonable and rational relationship to the property for which the conditional rezoning is requested.

(1)

Other required approvals by the City of Plymouth.

a.

Any use or development proposed as part of an offer of conditions that would require a special land use permit under the terms of this chapter may only be commenced if a special land use permit for such use or development is ultimately granted in accordance with the provisions of this chapter.

b.

Any use or development proposed as part of an offer of conditions that would require a variance under the terms of this chapter may only be commenced if a variance for such use or development is ultimately granted by the zoning board of appeals in accordance with the provisions of this chapter.

c.

Any use or development proposed as part of an offer of conditions that would require site plan approval under the terms of this chapter may only be commenced if site plan approval for such use or development is ultimately granted in accordance with the terms of this chapter.

(2)

Amendment of conditions. The offer of conditions may be amended during the process of conditional rezoning consideration, provided that any amended or additional conditions (other than minor or technical adjustments) are entered voluntarily by the owner, and confirmed in writing. An owner may withdraw in writing all or part of its offer of conditions any time prior to final rezoning action of the city commission provided that, if such withdrawal or change occurs subsequent to the planning commission's public hearing on the original rezoning request, then the rezoning application may be referred back to the planning commission for a new public hearing with appropriate notice and a new recommendation, if such change is deemed to be significant.

(d)

Planning commission review. The planning commission, after public hearing and consideration of the factors for rezoning set forth in section 78-380, may recommend approval, approval with recommended changes, or denial of the rezoning; provided, however, that any recommended changes to the offer of conditions are acceptable to and thereafter offered by the owner in writing.

(e)

City commission review. After receipt of the planning commission's recommendation, the city commission shall review the planning commission's recommendation and deliberate upon the requested conditional rezoning, and may approve or deny the conditional rezoning request. If the applicant initiates additional or different conditions not considered by the planning commission subsequent to the recommendation of the planning commission, then the city commission shall refer such proposed additional or different conditions to the planning commission for report thereon within a time specified by the city commission, and the city commission shall thereafter proceed to deny or approve the conditional rezoning.

(f)

Approval. If the city commission finds the conditional rezoning request and offer of conditions acceptable, the offer of conditions shall be incorporated into a formal written statement of conditions acceptable to the owner and conforming in form to the provisions of this section. The statement of conditions shall be incorporated by attachment or otherwise as an inseparable part of the ordinance adopted by the city commission to accomplish the requested conditional rezoning. The statement of conditions shall:

(1)

Be prepared in a form recordable with the county register of deeds;

(2)

Contain a legal description of the land to which it pertains;

(3)

Contain a statement acknowledging that the statement of conditions runs with the land, and is binding upon successor owners of the land;

(4)

Incorporate by attachment the conceptual plan which formed the basis of the conditional rezoning;

(5)

Contain the notarized signatures of all the owners of the property proceeded by a statement attesting to the fact that they are the only parties having an interest in the property, and that they voluntarily offer and consent to the provisions contained within the statement of conditions;

(6)

The statement of conditions may be reviewed and approved by the city attorney, with the applicant to pay all costs associated with such review and approval.

The approved statement of conditions shall be filed by the owner with the county register of deeds within 30 days after approval of the conditional rezoning. the owner shall provide the city with a recorded copy of the statement of conditions within 60 days of receipt. The city commission shall have the authority to waive this requirement if it determines that, given the nature of the conditions and/or the time frame within which the conditions are to be satisfied, the recording of the statement of conditions would be of no material benefit to the city or to any subsequent owner of the land; and

Upon the conditional rezoning taking effect, the zoning map shall be amended to reflect the new zoning classification, together with a designation that the land was a conditional rezoning with a statement of conditions. Upon the conditional rezoning taking effect, and after the required recording of the statement of conditions, unless waived, use of the land so rezoned shall conform thereafter to all the requirements regulating use and development within the new zoning district as modified by any more restrictive provisions contained in the statement of conditions.

(g)

Compliance with conditions. Any person who establishes development or commences a use upon land that has been conditionally rezoned shall continuously operate and maintain the development or use in full compliance with all the conditions set forth in the statement of conditions. Any failure to comply fully with the conditions contained within the statement of conditions shall constitute a violation of this chapter and be punishable accordingly. Additionally, any such violation shall be deemed a nuisance per se and subject to judicial abatement as provided by law.

(h)

Time period for establishing development or use. The approved development and/or use of the land pursuant to building and other required permits must be commenced upon the land within 18 months after the effective date by publication of the conditional rezoning action, and must thereafter proceed diligently to completion. This time limitation may, upon written request, be extended by the city commission if:

(1)

It is demonstrated that there is a strong likelihood that the development and/or use will commence within the period of extension and proceed diligently thereafter to completion; and

(2)

The city commission finds that there has not been change in circumstances that would render the conditional rezoning with statement of conditions incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy.

(i)

Reversion of zoning. If the approved development and/or use of the rezoned land does not occur within the time frame specified under subsection (h) above, then the land shall revert to its former zoning classification as set forth in MCL 125.3405(2). The reversion process shall be initiated by the city commission, and proceed pursuant to section 78-380. Reversion to a different zoning classification may also be considered by the city.

(j)

Subsequent rezoning of land. When land that is conditionally rezoned with the statement of conditions is thereafter rezoned to a different zoning classification, or to the same zoning classification but with a different or no statement of conditions, whether as a result of a reversion of zoning pursuant to subsection (i) above, or upon application of the landowner, or otherwise, the Statement of Conditions imposed under the former zoning classification shall cease to be in effect. Upon the owner's written request, the city clerk shall record with the county register of deeds a notice that the statement of conditions is no longer in effect.

(k)

Amendment of conditions. During the time period for commencement of an approved development or use specified pursuant to subsection (h) above, or during any extension thereof granted by the city commission, the city shall not add to or alter the conditions in the statement of conditions. The statement of conditions may be amended thereafter in the same manner as was prescribed for the original conditional rezoning and statement of conditions.

(l)

City right to rezone. Nothing in the statement of conditions nor in the provisions of this section shall be deemed to prohibit the city from rezoning all or any portion of land that is subject to a statement of conditions to another zoning classification. Any rezoning shall be conducted in compliance with this chapter and the Michigan Zoning Enabling Act, Public Act No. 110 of 2006 as amended, MCL 125.3101 et seq.

(m)

Failure to offer conditions. The city shall not require an owner to offer conditions as a requirement for rezoning. The lack of an offer of conditions shall not affect an owner's rights under this chapter.

(Ord. No. 2012-04, § 16, 11-5-12)

(a)

Required signage. An applicant requesting a zoning map change, conditional rezoning or PUD shall construct and install a sign indicating the requested change of zoning. City-initiated rezonings involving eleven or more parcels shall be exempt from the signage requirements. The sign shall be installed no less than 15 days prior to the scheduled public hearing. The sign shall be installed on the parcel(s) requested for rezoning and shall be clearly visible from an adjoining roadway. The sign shall not be placed within a public right-of-way, nor shall the sign obstruct clear vision for motorists.

The sign shall comply with the following sign specifications:

•

Black letters on white background.

•

Size: minimum 4 feet (vertical) by 6 feet (horizontal).

•

Signs face must be exterior plywood, aluminum, or similar material.

•

Wording shall be as follows:

•

Sign support system must be structurally sound and mounted with 4″ ×4″s or "u" channel steel posts. The posts shall be set in the ground at least 30 inches below the surface. The bottom of the sign shall be no less than three feet above the ground level.

Rezoning or PUD signs shall be removed within:

•

Seven days of action by city commission.

•

Seven days of withdrawing rezoning or PUD application.

•

Failure to remove sign within this period may result in removal of the sign by the city, following notice and an opportunity to remove the sign, at the owner's expense.

(Ord. No. 2012-04, § 17, 11-5-12)

(1)

A traffic impact study shall be required for projects that would be expected to generate 100 directional vehicle trips (i.e. 100 inbound or 100 outbound trips) during the peak hour of the traffic generator or the peak hour on the adjacent streets. Forecasted trip generation shall be based upon equations/rates outlined in the most recent version of the Institute of Transportation Engineer's (ITE) Trip Generation Manual. The ITE data may be supplemented by actual trip generation data from similar establishments in Michigan. Any supplemental data must be reviewed and approved by the city prior to use in the study analyses.

(2)

The requirement for a traffic study may be appealed to the city zoning board of appeals. Such appeals shall be made in writing and shall be submitted at least ten days prior to a regular meeting of the zoning board of appeals. The appeal may be to waive the requirement or eliminate the need for some of the information required. To receive such a modification, the applicant shall demonstrate that the impacts will be relatively minor and/or the existing infrastructure has ample capacity available.

(3)

An applicant is required to comply with the following procedures and submit the following items of information for a traffic study:

(a)

The applicant is required to contact the city building official and the traffic engineering consultant prior to preparation of a traffic impact study to discuss available data, extent of study area and inclusion of other projects or growth factors as part of the background conditions.

(b)

Existing conditions, including daily and peak-hour traffic volumes on adjacent street(s), intersections within the vicinity that are expected to be impacted and a description of any sight distance limitations along the site's frontage.

(c)

Existing traffic counts shall be taken on a Tuesday, Wednesday or Thursday of nonholiday weeks. Additional counts, i.e., on a Saturday for a proposed commercial development, may also be required. The following times/situations should also be avoided where possible so that the traffic count data would represent a typical day, construction detours in the area, summer days for a site near a school, etc. The firm performing the impact study must make every effort to complete traffic counts during average or higher-than-average volume conditions, i.e., regarding weather or seasonal variations for the area under study. Traffic data between one and two years old will not be accepted unless the applicant can document that volumes have not changed more than two percent. Traffic data older than two years old will not be accepted.

(d)

Forecasted trip generation of the proposed use shall be provided for the a.m./p.m. peak-hour and average daily traffic generated. The forecasts shall be based on the data and procedures outlined in the Institute for Traffic Engineers (ITE) Trip Generation Manual. The applicant may use other commonly accepted sources of data or supplement the standard data with data from similar projects in Michigan. For rezoning requests when such change represents a departure from the future land use map, the study should contrast the trip generation of typical uses permitted in the requested zoning district with uses permitted in the current zoning district. The determination of typical uses shall be made by the building official.

(e)

All traffic impact studies will include an analysis of background conditions for the year that the project is to be completed (or in phases if applicable). Background traffic includes historic annual percentage increases and/or acknowledges the traffic impacts of other uses approved or in the review process, but not yet constructed, which may affect traffic operations for roadways and intersections near the subject site, as determined by the city. This may include projects in adjacent communities.

(f)

The projected traffic generated shall be distributed onto the existing street network to identify expected turning movement volumes at site driveways and nearby intersections and illustrated in the report. A description of the application of standard engineering procedures for determining the distribution shall also be included. The expected trip distribution shall be approved by the building official prior to continuation of the analyses. The assignment of forecasted site traffic shall be clearly illustrated in graphic form in the study report.

(g)

Capacity analysis at the proposed access points using the procedures outlined in the most recent edition of the Highway Capacity Manual published by the Transportation Research Board shall be provided. "Before" and "after" capacity analyses shall also be performed at all street intersections where the expected project traffic will comprise at least five percent of the existing intersection capacity and/or for roadway sections and intersections experiencing congestion or a relatively high accident rate, as determined by the city, Michigan Department of Transportation, or Wayne County Department of Public Services staff. The "after" analysis shall include a scenario with no improvements and separate analysis for various mitigation options or packages of improvements. Any proposed change to signal timing should include documentation of acceptance by Wayne County staff.

(h)

Traffic crash data at analyzed intersections covering the past three years shall be summarized in collision diagrams if the segment of roadway adjacent to or near the subject site has experienced crash problems. In addition, data charts including times of day, days of week, crash types, months of year, alcohol or drug involvement, weather, pavement, and light conditions shall be submitted. Raw crash data shall be used for the analysis.

(i)

The location and design of proposed access for a driveway or new street intersection shall be provided with a map and narrative description. In addition, analysis shall include any sight distance limitations, dimensions from adjacent driveways and intersections within 250 feet and other data to demonstrate that the design and number of proposed driveways are the fewest necessary. The driveway(s) shall provide safe and efficient traffic operation and be in accordance with the standards of this chapter. Proposed driveway design shall include location of signs, signals, and/or pavement markings.

(j)

The potential need for bypass lanes or deceleration tapers/lanes, including attachment of any correspondence by the Wayne County Department of Public Services.

(k)

The fire department shall approve the size and location of fire lanes and emergency vehicle access.

l.

The city may require analysis using a corridor simulation software (i.e., SYNCHRO) rather than an isolated intersection capacity analysis. If such analyses are required, submittals shall include electronic copies of the simulation files.

(Ord. No. 2012-04, § 18, 11-5-12)