(a)

Site plan review not required. Except as may be specifically required in this section, the site plan review requirements of this section do not apply to single-family detached and two-family dwellings and their accessory buildings and uses. In addition, site plan review is not required for the addition of landscaping or the performing of minor repairs or replacements to any building having a value of less than $5,000.00, so long as said landscaping, repairs or replacements are in accordance with, and does not modify or alter, the existing approved site plan.

(b)

Site plan review required. A site plan shall be submitted to the planning commission for review and approval for the following:

(1)

Any permitted or special land use within the city, except for home occupations, as defined by section 3903;

(2)

Any modification and/or amendment to a plan that has previously received special exception or special project approval from the planning commission;

(3)

Any new construction, except single-family detached and two-family dwellings and their accessory buildings and uses including home occupations, as defined by section 3903;

(4)

Any development or use for which submission of a site plan is required by any provisions of this article;

(5)

Any proposal to construct, move, relocate, convert or structurally alter a building, including accessory buildings, except single-family detached dwellings and their accessory buildings and uses. A structural alteration shall be defined as one that changes the location of the exterior walls, height and/or the area of the building;

(6)

Any use or development subject to the Michigan Condominium Act, Act 59 of the Public Acts of 1978, as amended;

(7)

Any proposal to fill, excavate, or grade land, or temporarily store fill, which involves more than 15 cubic yards of earth being disturbed in any one-year period, except for gardening or for construction for which a permit has been obtained;

(8)

Any change use group. A "use group" is defined as a collection of various uses, all of which share similar characteristics (such as parking requirements, traffic generation rates, etc.) and are identified by the type of business and/or service they provide i.e., retail, education, office, etc. Any change and/or conversion of use as permitted and regulated by this ordinance that may result in an increase in the intensity of the use by means of moving the use from one use group to another (office to retail, office to restaurant; retail to restaurant, etc.);

(9)

Major facade changes, including, but not limited to, the following, shall be subject to full site plan review and approval by the planning commission:

a.

Installation of new window and door openings where not previously existing;

b.

Remodeling of upper story facades, if not already approved by planning commission;

c.

Change of exterior building materials;

d.

Other changes not noted above, that would alter the appearance of the entire building.

(10)

Any proposal to have a designated or otherwise identifiable outdoor smoking area.

(c)

Administrative review.

(1)

In the following cases, the city manager and his/her assignee shall have the authority to approve a site plan without submission to the planning commission. Administration may require the submission of a site plan consistent with or less than the criteria set forth in sections 2701 to 2704 hereof:

a.

Accessory uses incidental to a conforming existing use where said use does not require any variance, further site modifications, special use approval and is not located on a nonconforming lot or structure.

b.

The conversion of an existing building from one use to another, use within the same use group (retail to retail, office to office, etc.) in the district provided the subject site is in conformance to the current ordinance standards, and has received site plan approval from the planning commission within the past five years of the date of the application.

c.

Provision for additional loading/unloading spaces, parking and landscape improvements as required by this article.

d.

Changes in use in a planned shopping center within the same use group, where off-street parking is not affected and a site plan has been approved within the past five years.

e.

Installation of new awnings or other window/doorway details not previously existing.

f.

Minor structural alterations to building intended to bring the building into compliance with the Americans with Disabilities Act requirements.

g.

Establishment of a home occupation as defined by and subject to the provisions of section 3903.

h.

Minor facade changes, which shall include the following:

1.

Repair of existing exterior building material with similar materials only;

2.

Replacement or repairs of existing doors and windows;

3.

Replacement or repairs to existing awnings;

4.

Replacement of light fixtures;

5.

Restoration of original building architectural features (as supported by historical data);

6.

Replacement of existing signage;

7.

Installation of new signage;

8.

Removal of nonconforming signage;

9.

Addition of landscape elements such as planter boxes, etc.;

10.

Installation of streetscape improvements such as benches, art pieces, etc.

i.

Change of use in a "development ready" building i.e., an existing building within the CBD that has received site plan approval from the planning commission and is in conformance to the design criteria set forth in section 2118(1).

j.

Any construction project or landscaping changes having a value of less than $5,000.00 and that will modify or amend the existing approved site plan.

(2)

All facade/site changes shall be reviewed by the city planner to verify compliance with the ordinance and to provide recommendations to the city administration. The administration reserves the right to grant final approval (with or without changes) or forward the proposed changes to the planning commission. However, if applicant is not in agreement with any proposed change or condition for approval requested by administration, applicant may request full planning commission site plan review under section 2700(a).

(3)

Information required. The city manager and/or his assignee shall require all applicable criteria set forth in sections 2701 to 2704 hereof to be met, and shall also have the authority to waive information required in section 2701 hereof which is not necessary to determine whether site plan review requirements have been met.

(4)

Authority. The city manager and/or his assignee shall also have the authority to refer any site plan eligible for administrative review under section 2700.2 hereof to the planning commission and/or any consultants employed by the city for the purpose of supplementing or initiating a site plan review.

(5)

Fees for administrative review shall be established by resolution of the city council which may assist in the reimbursement of consultant fees and time expended by the city staff.

(Ord. No. 2012-03, pt. I, 3-26-2012; Ord. No. 2013-17, 8-26-2013)

(a)

Required information. The following information and documents are required as the site plan submittal. The planning commission is authorized to reduce the information required in cases where it finds such information unnecessary or inappropriate to consideration of the particular application.

(1)

Applicant's name and address.

(2)

Name of the proposed development.

(3)

Signature of the legal owner, if not the applicant, and proof of ownership.

(4)

Name, address, and phone number of the firm or individual who prepared the site plan.

(5)

Complete legal description of the property.

(6)

Date, including revision.

(7)

Plans shall be drawn to a scale not larger than one inch equals 40 feet (i.e., plans at one inch equals 100 feet will not be accepted).

(8)

North arrow.

(9)

Inserted location sketch showing location of subject property in the mile section.

(10)

The seal of one or more of the following: registered architect, registered civil engineer, registered land surveyor, registered landscape architect, or registered community planner.

(11)

Existing and proposed grades at all lot corners and catch basins, proposed and existing building corners and entry points, and at a plan grid interval of not more than 50 feet along all lot lines, road centerlines, and on the site and beyond for at least 50 feet. Any proposed change of more than 24 inches in the existing grade shall require specific approval by the planning commission as part of a site plan, taking into consideration any potential adverse impacts on abutting residential properties or zones.

(12)

Existing zoning and zoning of adjacent properties within 200 feet.

(13)

Existing building(s) and street(s) on-site and within 200 feet of site.

(14)

Centerline and existing and proposed rights-of-way lines of all street and roads on property or adjoining it. Illustrate the location of off-site driveways within 200 feet (may be included on a separate sheet at a smaller scale than one inch equals 40 feet; for example, one inch equals 100 feet is acceptable).

(15)

Boundaries of subject property, including distances and bearings.

(16)

Proposed buildings and structures on property, including: off-street parking areas, aisles and drives; walkways, walls, carports,; dimensions of improvements; and acceleration, deceleration, and passing lanes; designation of fire lanes and/or other areas in which parking will be prohibited.

(17)

Trash receptacle location, size and details regarding method of screening in accordance with section 2807.

(18)

Location, size, description and method of screening for mechanical equipment such as blowers, ventilating fans and air conditioning units in accordance with section 2120.

(19)

All existing and proposed sidewalks or walkways within the right-of-way of adjoining roads or streets.

(20)

Sufficient information describing the proposed use and occupancy of the premises to ascertain compliance with the use regulations of the district.

(21)

As applicable, number of dwelling units, number of bedrooms, number of off-street parking spaces, number of off-street parking spaces per dwelling unit and per bedroom, percentage of land covered by buildings, total and usable floor areas for purposes of determining off-street parking requirements in accordance with section 2403.

(22)

Demonstration of compliance with section 2404, off-street parking lot layout, construction and maintenance.

(23)

Off-street loading and unloading for every building, structure, or part thereof occupied for manufacturing, storage, warehousing, retailing, wholesaling or other uses involving the receipt or distribution of vehicles or materials or merchandise.

(24)

Proposed landscape treatments including pedestrian amenities and screen walls if required in accordance with article 28.

(25)

Landscaped stabilization zones for development abutting the Clinton River, Paint Creek and/or Stony Creek in accordance with section 2805.

(26)

Tree survey identifying the location and type of all trees seven inches or greater diameter at breast height and all conifers greater than 20 feet in height in accordance with section 20-62 [of the Code of Ordinances].

(27)

Description of utilities, including: storm drainage; sewage disposal; electrical distribution; telephone and/or television system; natural gas distribution; exterior lighting; water distribution and source; fire hydrant locations; proposed method of solid waste storage, collecting and disposal.

(28)

The covering letter, signed by the owner and prospective developer holding an equitable interest in the property, shall include: legal description and acreage of property; existing zoning classification and proposed zoning classification, if different; general description of proposed development; and estimated timetable of development.

(29)

The site plan shall be accompanied by architectural sketches showing elevations (front, side and rear views), types of proposed facing materials, maximum heights of the building under consideration, and a roof plan of any proposed equipment to be located on the rooftop. Projects must submit adequate detail to demonstrate compliance with sections 2116, residential infill housing development standards, and section 2118, architectural guidelines and standards for nonresidential and mixed-use buildings and projects, where applicable. In RM-1, RM-2, O-1, O-2, B-1, CBD, and RP Districts, the site plan package shall also include architectural sketches showing the relationship of the subject building to buildings located on immediately abutting sites and within 200 feet, including any located to the rear. In order to clearly demonstrate the impact of the proposed building height and bulk on neighboring buildings, one of the following shall also be provided:

a.

A "block form model" or "study model" of the proposed building and all buildings on adjoining sites showing the size, shape, roofline, and major building features like doors and windows; or

b.

A color photograph of the site and its adjoining buildings with the proposed new building drawn or painted, in scale and proper perspective; or

c.

An active, computer generated video display of the proposed building that demonstrates its relationship to all adjoining buildings in terms of height, setbacks, and building bulk.

In cases of minor structural alterations or modest additions to existing buildings, the planning commission may waive this requirement where they find that it would not be necessary for their thorough consideration of the site plan.

(30)

Site plans must demonstrate compliance with the applicable supplementary district regulations of article 21.

(31)

As applicable, the site plan submittal shall be accompanied by an application form, furnished by the administrative official, for rezoning, special exception, or zoning compliance permit.

(32)

Exterior lighting plan and design in accordance with section 2306.

(33)

The location of any ground mounted signs shall be shown on the site plan. Detailed information required by section 2208 may be submitted concurrent with the site plan or may be deferred until application for sign permit review.

(34)

Upon request by the city for special project and special exception uses, the applicant shall, to the extent practical and available, provide information regarding the financial impact the project will have on the city including, but not limited to the following:

a.

Documentation supporting the financial representations made.

b.

Documentation supporting jobs created or to be created in the city.

c.

Documentation supporting representations made concerning anticipated taxable value additions for the city.

d.

Documentation supporting representations made concerning impact of project to the city's infrastructure and utilities.

For all other projects requiring site plan reviews, the applicant may provide such financial impact information, but is not required to do so.

(35)

For all special projects proposed under the special projects ordinance (section 2115) that involve historical preservation or rehabilitation, the applicant shall provide a report and supporting documentation required under section 2115(b)(7).

(36)

For projects proposing a designated or otherwise identifiable outdoor smoking area, applicant shall submit a plan showing the smoking area and the location of all entrances, windows and ventilation systems of the applicant's building and any adjacent buildings, as well as the details of trash and smoking receptacles, benches and seating areas.

(b)

Optional information. The following information and documents are not required, but may be provided by the applicant as part of the site plan submittal.

(1)

Information may be provided regarding the development timelines of the project including, but not limited to:

a.

Documentation supporting the timeline representations made.

b.

Documentation concerning necessary property acquisition.

c.

Documentation concerning project development or timing requirements (i.e. infrastructure, facility or equipment needs), client servicing needs or timing factors, or business process needs or expectations (i.e. utility utilization).

(Ord. No. 2008-04, art. 1, 3-10-2008; Ord. No. 2011-02, 2-14-2011; Ord. No. 2013-01, 1-14-2013; Ord. No. 2013-17, 8-26-2013; Ord. No. 2014-08, 7-14-2014)

(a)

Upon request of the applicant, a preapplication conference shall be granted with the planning commission or the zoning administrator, to facilitate clarification of requirements before undertaking preparation of preliminary site plans and information.

(a)

Application submittal and planning commission consideration.

(1)

Upon receipt of an application for site plan approval, city administration will submit the application to the city's planning consultant for initial review to determine whether materials submitted are complete and ready for planning commission consideration. If not complete, applicant will be notified of deficiencies and advised that resubmittal will be required.

(2)

Once the applicant's site plan application is deemed complete and ready for planning commission consideration, the applicant's site plan application package, along with the planning consultant's review letter, will be submitted to planning commission for consideration at the next available planning commission meeting.

(3)

At the planning commission meeting, the planning consultant will provide the consultant's review, and the applicant will present the project and address outstanding items or questions raised by the planning consultant. Planning commission will either set the matter for public hearing at the next available planning commission meeting (with or without requested plan modifications) or if not deemed ready for public hearing, may direct the applicant to return to a future planning commission meeting with a revised site plan application package.

(4)

Once planning commission sets the required public hearing, the city will send out notices and advertise the public hearing. The notice of public hearing shall be published in a newspaper of general circulation in the city and shall be sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet, regardless of whether the property or occupant is located in the City of Rochester. The notice shall be given not less than 15 days before the public hearing. If the name of the occupant is not known, the term "occupant" may be used in making notification. 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 individuals, partnerships, business or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas or organization, 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. The notice shall:

a.

State that a public hearing has been set.

b.

Indicate the property, which is the subject of the request. The notice shall include a listing of all existing street addresses within the property.

c.

State when and where the public hearing will be held.

d.

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

(5)

After the public hearing, planning commission will approve, disapprove, or request modification of the site plan and/or additional information. A resubmittal by the applicant of a modified site plan will be acted on by the planning commission within 45 days after receipt of the modified site plan and additional information.

(b)

The approval of a site plan under this section does not waive the requirement for a zoning compliance permit or a certificate of occupancy. In any case where rezoning of the land would be required to allow the proposed development and/or use of the property as provided for in the site plan, approval of the site plan by the planning commission shall be considered contingent upon rezoning of the subject property by the city council; such site plan approval shall not be construed as any assurance of such rezoning.

(c)

Where the development and/or use of the subject property would require the approval and recording of a plat, the approval of the site plan by the planning commission shall not be construed to assure any action by any other agency, nor shall it be construed as necessarily establishing compliance with the subdivision control ordinance or any other ordinance.

(d)

In the case where a site plan is required, the administrative official shall not issue a zoning compliance permit or building permit except for plans, specification, and usage that conforms to the site plan as approved by the planning commission.

(e)

Failure to comply with and/or deviate in any material way from an approved site plan shall constitute a violation of the zoning ordinance pursuant to article 37. For purposes of this section, a "material" deviation shall include, but is not limited to, a deviation from specific requirements, conditions and/or limitations of the city ordinances, the planning commission, or building codes, such as height, setbacks, parking, safety, screening, buffering, noise, lighting and square footage requirements. A material deviation shall also include a change in color or the substitution of lesser quality of exterior materials from that which was presented for approval.

(Ord. No. 2011-02, 2-14-2011; Ord. No. 2022-02, § 1, 9-26-2022)

The planning commission shall use the following criteria in evaluating a site plan submittal:

(1)

Has the required information been furnished in sufficiently complete and understandable form to allow an accurate description of the proposed use(s) and structure(s) in terms of density, location, area, height, bulk, placement, setbacks, performance characteristics, parking, and traffic circulation?

(2)

Are there ways in which the configuration of uses and structures can be changed which would improve the impact of the development on adjoining and nearby properties, persons, and activities, and on the community, while allowing reasonable use of the property within the scope of district regulations and other regulations of this ordinance that are applicable to the property and proposed use and structures?

(3)

The extent to which natural features and characteristics of the land will be preserved; the regard given to existing large trees, natural groves, water courses, and similar natural features that would add attractiveness to the property and environs if they were preserved; the preservation of the natural drainage system, the dedication and/or provision of landscaped stabilization zones described in section 2803 along Paint Creek, Stony Creek, and the Clinton River, natural buffering, and other techniques for preservation and enhancement of the physical environment.

(4)

Are there ways in which the design of the building and its architectural or decorative elements can be modified to improve the impact on adjoining properties and uses, particularly with regard to its compatibility with the traditional character of the city's downtown business district, when appropriate?

(Ord. No. 2002-03, § 2, 3-25-2002)

(a)

As used in this ordinance, the term "site plan" includes the documents and drawings specified in this zoning ordinance necessary to ensure that a proposed land use or activity is in compliance with this zoning ordinance and state and federal statutes.

(b)

The review and approval of site plans shall be by the city planning commission.

(c)

The site plan, as approved, shall become part of the record of approval, and subsequent actions relating to the activity authorized shall be consistent with the approved site plan, unless a change conforming to this zoning ordinance received the mutual agreement of the land/owner and the city planning commission.

(d)

A site plan shall be approved if it contains the information required by this zoning ordinance and is in compliance with this zoning ordinance and the conditions imposed hereunder pursuant to section 2604, conditions of approval, other applicable ordinances, and state and federal statutes.

(a)

Following approval of a site plan by the planning commission, the applicant shall construct the site plan improvements in complete conformity with the approved plan. Failure to do so is a violation of this article and subject to sanctions set forth in the City Code.

(b)

Upon completion of the required improvements per the approved site plan, the city shall inspect the property and issue a certificate of occupancy.

(c)

Any minor variations or changes to the site plan as defined in section 2700.2(a) may be approved by the city manager and his/her assignee and shall be reported to the planning commission after issuance of the certificate of occupancy. Any other changes to the site plan shall require the submission of an amended site plan indicating the change and will require planning commission approval.

(Ord. No. 2012-03, pt. II, 3-26-2012)