These sections provide procedures and standards for special uses of land or structures that, because of their unique characteristics, require additional consideration in relation to the welfare of adjacent properties and the community as a whole. The regulations and standards, herein, are designed to allow practical latitude for the investor or developer, but maintain adequate provision for the protection of the health, safety, convenience, and general welfare of the community.

(Ord. No. 03-01 (Exh. A, § 42-510), 2-18-2003)

A.

An application for a special land use shall be submitted through the director, and, at a minimum, shall consist of the following:

1.

An application form, completed in full by the applicant, including a detailed description of the proposed use and a statement by the applicant describing the application's compliance with the review standards of section 42-462 and the applicable review standards related to the use under consideration.

2.

Payment of a fee as established by the council.

B.

The application together with all required data shall be transmitted to the planning commission for review.

C.

Applications for special land uses and final site plan review may be submitted jointly. The procedures, standards, and specifications for each shall be followed as specified in this subdivision and other applicable subdivisions of this article. In all cases, a final site plan review shall be required prior to the issuance of a building permit for a special land use.

D.

Public hearing: The planning commission shall hold a public hearing in accordance with the requirements of the Zoning Act to consider special land use applications subject to their review.

E.

Special land use decisions:

1.

Before approval of any special land use application, the general standards of section 42-462, in addition to those specific standards established for each use in the district in which the use is listed, shall be satisfied.

2.

The planning commission may attach additional conditions and safeguards deemed necessary for the general welfare, for the protection of individual property rights, and as reasonably necessary to ensure that the intent and objectives of this article will be observed.

3.

The breach of any condition, safeguard, or requirement shall be considered a violation of the special land use approval. The planning commission, following notice to the property owner, shall have the authority to revoke any special land use if the applicant fails to comply with any of the applicable requirements in this chapter or any other applicable sections of this article.

4.

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

5.

No application which has been denied wholly or in part by the commission shall be resubmitted for a period of one year from the date of the last denial, unless permitted by the commission after a demonstration by the applicant of a change of circumstances from the previous application.

(Ord. No. 03-01 (Exh. A, § 42-511), 2-18-2003; Ord. No. 19-04, 10-15-2019)

The planning commission shall take the following standards into consideration in its review of any special land use application:

A.

Promote the intent and purpose of this article;

B.

Be compatible with adjacent uses of land and the natural environment;

C.

Not unduly affect the capacities of public services or facilities;

D.

Be consistent with the public health, safety and welfare;

E.

Be harmonious with and in accordance with the general objectives or with any specific objective of the comprehensive plan; and

F.

Be planned and designed to ensure that the nature and intensity of the principal use and all accessory uses, and the site layout and its relation to the streets giving access to it, shall not be hazardous or otherwise detrimental to the area or unduly conflict with normal traffic to and from the use.

(Ord. No. 03-01 (Exh. A, § 42-512), 2-18-2003)

It is the purpose of this subdivision to require site plan review and approval for certain buildings, structures, projects and uses. Certain land uses possess characteristics such as natural features and planned improvements involving size, mass and construction and operational factors that can affect adjacent or nearby land uses. Site plan review is necessary to protect and promote public heath, safety and general welfare and ensure the protection of property values through the review of the proposed use and improvement of property.

(Ord. No. 03-01 (Exh. A, § 42-520), 2-18-03)

A.

No building shall be erected or moved, or externally altered or added to or enlarged, and no building or land shall be used, and no building permit or occupancy permit shall be issued, except in accordance with a site plan that has been approved as provided by this subdivision. This subdivision shall not apply to the following:

1.

One-family, detached residential structures or uses and accessory structures and uses.

2.

One- or two-family, attached residential structures or uses and accessory structures and uses under separate ownership and each on a separate lot or parcel.

3.

For any use or development in an I-1, light industrial district or I-2, heavy industrial district, where such use or development does not take place within 200 feet of the zoning district boundary, and within 200 feet of any owner other than the property to be used or developed, and where it is proposed that no driveway intersects a public street within 200 feet of an intersection of two or more public streets. This section will only apply in the following quarter sections:

a.

West one-half of the northwest quarter of Section 13.

b.

West one-half of the southwest quarter of Section 13.

c.

Northeast quarter of Section 14.

d.

Southeast quarter of Section 14.

e.

Northeast quarter of the northwest quarter of Section 14.

B.

The following shall have the authority to review, approve or deny site plans as provided by this subdivision.

1.

Planning commission: The planning commission shall be authorized to approve, deny or approve with conditions site plans, except as otherwise noted in this section. Site plans associated with the review and approval of a special land use permit, planned developments, and other site plans as may be required by this subdivision, are subject to planning commission review and approval.

2.

City administration: The director shall be authorized to approve, deny or approve with conditions site plans submitted for review that meet at least one of the following criteria:

a.

New nonresidential development in an OS-1, B-1, B-2 or B-3 district with developments comprised of 20,000 square feet or less of building area;

b.

New nonresidential development in an I-1 or I-2 district with developments comprised of 50,000 square feet or less of building area;

c.

Existing nonresidential development in an OS-1, B-1, B-2 or B-3 district which involves a building addition to a previously approved site plan when, combined with the existing building, will not exceed 20,000 square feet;

d.

Nonresidential building additions to previously approved site plans in an I-1 or I-2 district that involve a gross floor area increase of 50 percent or less and will not exceed 50,000 square feet;

e.

Multifamily residential developments involving eight or fewer total dwelling units;

3.

Should the director determine that a site plan presents issues such as, but not limited to, traffic or environmental conditions which have a greater potential impact on adjacent land uses, neighborhoods and/or the community overall, the director may, with ten-day written notice to the applicant, refer the site plan to the planning commission for review in accordance with the procedures and standards set forth in this subdivision.

(Ord. No. 03-01 (Exh. A, § 42-521), 2-18-2003; Ord. No. 15-05, 6-23-2015)

A.

Application.

1.

The application and plans shall be submitted by the owner of an interest in land for which site plan approval is sought, or by the owner's designated agent. The applicant or a designated agent shall be present at all scheduled meetings or consideration of the plan may be tabled due to lack of representation.

2.

The department of community development shall provide application forms and information designed to assist the applicant in the preparation of the site plan.

3.

The site plan shall be prepared as specified in this section. The applicant is responsible for being sufficiently familiar with and have a working knowledge of the codes and ordinances of the city.

4.

The following information must be submitted and/or included on the site plan:

a.

Filing information.

(1)

Development application.

(2)

Filing fee per fee schedule.

(3)

Eight sets of final plan documents and one 11-inch by 17-inch reproduction of the plan.

(4)

Permits required from other agencies as applicable:

(a)

Kalamazoo County Road Commission.

(b)

Kalamazoo County Environmental Health Division.

(c)

Michigan Department of Natural Resources/Environmental Quality.

(d)

Kalamazoo County Drain Commission.

(e)

Kalamazoo/Battle Creek International Airport.

(f)

Kalamazoo County Planning Department.

(g)

Others, as may be required.

(5)

For final/specific plans, confirmation of conformance with the previously approved tentative or conceptual plan, as applicable, and any easements, restrictive covenants, bonds or other appropriate documents.

b.

Plan preparation and guidelines.

(1)

All plans will be drawn on uniform sheets no greater than 24 inches by 36 inches.

(2)

All plans will be drawn to an engineering scale not to exceed one inch equals 50 feet or less than one inch equals 20 feet with a north arrow oriented to the top of the sheet.

(3)

All plans and notations will be clear, legible and accurately scaled.

(4)

If more than one plan/set, all required plans stapled along the left margin into sets, folded to a size not greater than 8½ inches by 14 inches.

c.

Plan information.

(1)

Name, address and phone number of property owner, applicant, engineer and/or architect.

(2)

Legal description of property, including parcel area and building/property address number.

(3)

Vicinity map showing closest major cross streets, zoning and existing land use of adjacent parcels.

(4)

Property lines, lot dimensions and existing easements.

(5)

Building height, type of construction (per the adopted building code of the City of Portage and square footage of all floors including basements and mezzanines.

(6)

Existing and proposed topography depicted in two-foot contour lines labeled with USGS datum.

(7)

Location, dimension and area of existing and proposed buildings on site, and approximate location of all buildings on adjacent properties within 200 feet.

(8)

Building setbacks on front, side and rear and spacing between buildings on site.

(9)

Location and type of natural features such as woods, wetlands, streams, rivers, lakes, floodplains, drains, etc.

(10)

USGS first floor elevation of all buildings.

(11)

Soil erosion control/site grading measures, including a schedule indicating the anticipated start and completion dates of the development stage(s).

(12)

Access to the site—Both pedestrian and vehicular, showing approach type, radii on curb returns, points of ingress and egress and cross access with adjoining properties.

(13)

Access to adjacent properties —Both pedestrian and vehicular, and across the street from the proposed project showing driveway width and radii on the curb returns.

(14)

Off-street parking and loading areas showing location, number and typical dimension of standard and barrier free spaces, and location and dimension of loading areas.

(15)

Adjacent rights-of-way including private driveways within 100 feet of the site, curb, gutter, sidewalks, median islands, streetlights, hydrants.

(16)

Location of existing, proposed and size of water main and/or water service, fire hydrants or private well.

(17)

Location of existing, proposed and size of sewer main and/or sewer lead or septic tank.

(18)

Location of existing, proposed and size of storm water structures and systems. The storm water system must be designed in accordance with the Storm Water Design Criteria Manual.

(19)

Location of private utilities including electric, gas, phone, cable, etc.

(20)

Locations of refuse disposal areas and method of screening if visible from a public right-of-way or adjacent to a residential district or use.

(21)

Location of existing and/or proposed signs.

(22)

Location and type of proposed screening, fencing or landscaping particularly around the perimeter of the proposed project.

(23)

Location of exterior lighting showing the height of the standards, lighting affixed to the proposed building(s) and level of illumination.

d.

The director or planning commission may require, in addition to a site plan, studies that address environmental, traffic, economic, social or other impacts of a development or a development's impact upon the systems or services of the community. The impact studies shall contain such information, and shall be in such form, as the director or planning commission may prescribe.

5.

Submission.

a.

A site plan that does not meet the requirements shall be considered incomplete and shall therefore not be subject to review.

b.

If a site plan does not meet one or more of the requirements of this article and requires a variance from the zoning board of appeals, action on the variance request must precede site plan review as provided in this subdivision.

c.

The application materials, required fees and eight copies of the completed site plan shall be submitted to the department of community development for review.

B.

Plan reviews.

1.

Plan review: Administrative review.

a.

The department of community development will distribute the site plan and related materials to the appropriate administrative departments. Within 14 days of the date the completed site plan and related materials were submitted, the department of community development will transmit in writing to the applicant the requirements, recommendations and pertinent comments related to the project.

b.

If additional review time is necessary, the department of community development will advise the applicant in writing that additional time is needed to complete review of the site plan and related materials.

2.

Resubmission and final review.

a.

Following the review by the administrative departments, the applicant shall revise the site plan according to the requirements and recommendations set forth in the department of community development written correspondence.

b.

The applicant shall submit eight copies of the revised plan. If the plan is approved by the director, the director or his/her designee shall sign a copy of the approved plan and forward a copy to the applicant.

c.

If the director determines that a planning commission review is required, the site plan will be scheduled for the next available planning commission meeting.

(Ord. No. 03-01 (Exh. A, § 42-522), 2-18-2003)

The planning commission and city administration during the review of all site plans shall utilize the following standards of review. These standards are intended to provide a frame of reference for the applicant in the preparation of a site plan as well as the planning commission and city administration. These standards are intended to encourage a creative site design based on site characteristics and surrounding land uses. These standards are not intended to be all-inclusive.

A.

The uses proposed will not adversely affect the public health, safety, or welfare. Uses and structures located on the site shall take into account topography, size of the property, the uses on adjoining property and the relationship and size of buildings to the site. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this article.

B.

Safe, convenient, uncongested, and well-defined vehicular and pedestrian circulation shall be provided for ingress/egress points and within the site. Drives, streets, sidewalks and other circulation routes shall be designed to promote safe and efficient traffic/pedestrian operations within the site and at ingress/egress points. Depending on the size, intensity and location of the proposed use, a traffic study may be required.

C.

The arrangement of public or private vehicular and pedestrian connections to existing or planned streets or between adjacent properties in the area shall be planned to provide a safe and efficient circulation system for traffic within community.

D.

Significant natural features shall be preserved. Removal or alteration of significant natural features shall be restricted to those areas which are reasonably necessary to develop the site in accordance with the requirements of this article. Landscaping, buffers, and/or greenbelts may be required to be preserved and/or provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property.

E.

Visual and sound privacy should be reasonably provided for dwelling units located therein, and adjacent thereto. Fences, walls, barriers, and landscaping shall be used, as appropriate, to accomplish these purposes.

F.

Emergency access shall be provided. All buildings and groups of buildings shall be arranged so as to permit necessary emergency vehicle access, consistent with applicable ordinances.

G.

Storm water systems must be designed and constructed consistent with the Storm water Master Plan and Design Criteria Manual. Appropriate measures shall be taken to ensure that storm water will not adversely affect neighboring properties. Provisions shall be made to accommodate storm water, prevent erosion and the formation of dust.

H.

Site plans shall conform to all applicable requirements of county, state, federal, and local statutes and ordinances. Approval may be conditioned on the applicant receiving necessary county, state, federal, and city permits before final site plan approval or before issuance of the building permit.

I.

The general purposes and spirit of this article and the comprehensive plan of the city shall be maintained.

(Ord. No. 03-01 (Exh. A, § 42-523), 2-18-2003)

A.

The planning commission or city administration may impose requirements and conditions upon the approval of site plan that are deemed necessary to mitigate adverse impacts and essential to protect the public health, safety and general welfare, provided that the planning commission or city administration does not impose requirements upon the development that are in direct conflict with those requirements imposed by the city council, if any including ordinances.

B.

Appeals.

1.

A person aggrieved by a final decision for a site plan review conducted by the director under this subdivision may file an appeal with the planning commission specifying the grounds thereof within 30 days of receiving notice of the director's decision.

a.

The director shall forthwith transmit to the planning commission all papers constituting the record upon which action appeal was taken. The planning commission shall hear the appeal within a reasonable time and may combine the appeal with the subsequent site plan review, if the appeal overturns the initial decision of the director.

b.

In hearing the appeal, the planning commission shall review only the applicable portion of the decision in question, and in making the determination shall apply the same standards and method of review used by the director. Where the commission finds an error in the order, requirement, permit, decision or refusal made by the director in carrying out this article, it may overturn the decision and make its own findings, in accordance with the procedures of this subsection used for site plan review by the director.

c.

The concurring vote of five members of the planning commission is necessary to grant relief or reverse an order of the director.

C.

Site plan expiration: If construction activity has not commenced within 12 months of final site plan approval, the site plan becomes null and void and a new application for site plan review in accordance with the procedures of this subsection shall be required.

D.

Modifications to an approved site plan.

1.

It is recognized that minor modifications to an approved site plan may become necessary prior to or during construction that would improve the function and/or appearance of the site.

2.

In an effort to facilitate the continued development of the site, minor modifications to a site plan previously approved by the planning commission or the director, may be approved by the director.

3.

Minor modifications include those that do not substantially affect the character or intensity of use, vehicular or pedestrian circulation, drainage patterns, the demand for public services or the vulnerability to hazards as determined by the director.

4.

Any modification that is not deemed minor shall be a major modification. Major modifications shall be submitted and reviewed in accordance with the requirements of this subdivision for new site plans.

5.

As-built plans: If changes to the approved site (final) plan were made prior to or during construction, four copies of as-built plans shall be submitted to the department of community development prior to the issuance of a certificate of occupancy.

(Ord. No. 03-01 (Exh. A, § 42-524), 2-18-2003; Ord. No. 19-04, 10-15-2019)

It is recognized that due to weather or other unforeseen circumstances, issuance of a certificate of occupancy permit may be necessary prior to the completion of all required improvements. In lieu of completing of all required improvements, a temporary certificate of occupancy permit may be issued in accordance with the performance guarantee provisions set forth in section 42-655.

(Ord. No. 03-01 (Exh. A, § 42-525), 2-18-2003)