The Mayor or his or her duly authorized representatives as specified in this Article are hereby charged with the duty of enforcing the provisions of this ordinance. Accordingly, the administration of this ordinance is hereby vested in the following City entities:

A.

City Council

B.

Planning Commission

C.

Zoning Board of Appeals

The City Council shall have the following responsibilities and authority pursuant to this ordinance.

A.

Adoption of Zoning Ordinance and Amendments. In accordance with the intent and purposes of this ordinance, and pursuant to the authority conferred by the Michigan Zoning Enabling Act, PA 110 of 2006 (as amended), the City Council shall have the authority to adopt this ordinance, as well as amendments previously considered by the City Council at a hearing or as decreed by a court of competent jurisdiction.

B.

Setting of Fees. The City Council shall have the authority to set all fees for permits, applications, and requests for action pursuant to the regulations set forth in this ordinance. In the absence of specific action taken by the City Council to set a fee for a specific permit or application, the appropriate City administrative official shall assess the fee based on the estimated costs of processing and reviewing the permit or application.

C.

Approval of Planning Commission Members. In accordance with the Michigan Planning Enabling Act, Michigan Public Act 33 of 2008, as amended, members of the Planning Commission shall be appointed by the Mayor with the approval of the City Council.

D.

Conditional Use. City Council review and approval is required for all Conditional Uses.

(Ord. No. 183, § 1, 6-18-2018)

A.

In General. As designated in Article II of Chapter 130, the Planning Commission is designated as the commission specified in Public Act No. 33 of 2008 and shall perform the duties of such commission as provided in the statute in connection with this ordinance.

B.

Approvals.

1.

When the Planning Commission is empowered to recommend approval for certain use of premises under this ordinance, the applicant shall furnish such surveys, plans or other information as may be reasonably required by such commission for the proper consideration of the matter.

2.

The Planning Commission shall investigate the circumstances of each such case and shall notify such parties, who may, in its opinion, be affected thereby, as required under its rules of procedure.

3.

The Planning Commission may recommend imposing such conditions or limitations in recommending approval that, in its judgment, are necessary to fulfill the spirit and purpose of this ordinance.

C.

Zoning Commission. The Planning Commission is hereby designated as the Zoning Commission specified in Article III of Public Act 110 of 2006, as amended, and shall perform the duties of said Commission as provided in the statute.

D.

Composition, Appointment, Terms, Vacancies and Compensation. The Planning Commission shall consist of nine members, as established by resolution of the City Council and pursuant to the provisions of Public Act 33 of 2008 (as amended).

The term of any ex-officio members shall be determined by the City Council and stated in the resolution selecting the ex-officio members, but shall not exceed the member's term of office as a member of the City Council. A vacancy on the Planning Commission occurring for any reason other than the expiration of term shall be filled for the un-expired term by the Mayor (in the case of a member appointed by the Mayor) subject to approval by the City Council, and by the City Council (in the case of the ex-officio member selected by the City Council). The ex-officio member shall have full voting rights.

The Planning Commission shall elect its chairman from amongst the appointed members and create and fill such other of its offices as it may determine. The term of chairman shall be one year, with eligibility for reelection.

E.

Removal of a Member for Cause. After a public hearing, a member other than the member selected by the City Council may be removed by the Mayor for inefficiency, neglect of duty, or malfeasance in office. The City Council may for like cause remove the ex-officio member selected by the City Council.

F.

Organization, Meetings, Records and Rules. The Planning Commission may appoint such employees as it may deem necessary for its work, whose appointment, promotion, demotion and removal shall be subject to the same provisions of law as govern all other City employees. The Commission may consult with planners, engineers, architects, attorneys and other consultants for such services as it may require, as contracted by the City Council. The expenditures of the Commission, exclusive of gifts, shall be within the amounts appropriated for the purpose by the City Council, which shall provide the funds, equipment and accommodations necessary for the Commission's work.

G.

Powers and Duties. The Planning Commission shall have such powers concerning the preparation and adoption of a master plan consisting of future land use, street and thoroughfare plan, community facilities, public improvements programs, zoning ordinances, subdivision regulations, and other such rights, powers, duties and responsibilities as are expressly provided for in this ordinance, the Michigan Planning Enabling Act, Public Act 33 of 2008, as amended, and the Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended.

The Zoning Board of Appeals (hereinafter referred to as "ZBA") is created pursuant to the Michigan Zoning Enabling Act, PA 110 of 2006 (as amended).

A.

Organization.

1.

The ZBA shall consist of seven members and two alternates who shall be appointed in accordance with Article VI of the Michigan Zoning Enabling Act, PA 110 of 2006, as amended.

2.

The ZBA shall be appointed by the City Council, and shall represent insofar as is possible the population distribution in the City, and different professions or occupations. The term of each member shall be for three years, expiring on March 31 in the year of expiration. The terms shall be staggered. Successors in office shall be appointed not more than one month after the term of the preceding member has expired. All vacancies for unexpired terms shall be filled for the remainder of the term.

3.

A member of the ZBA may be a member of the Planning Commission, and a member of the ZBA may be a member of the City Council whose terms shall be limited to the time they are members of the Planning Commission or City Council, respectively, or the period stated in the resolution appointing them, whichever is shorter. If appointments are made from the Planning Commission and/or the City Council, one or two of the terms shall be modified to facilitate these appointments.

B.

Procedure.

1.

The qualifications of members, the term of each member, filling of vacancies, compensation of members, and operation of the ZBA shall be in accordance with Michigan Zoning Enabling Act, PA 110 of 2006, as amended.

2.

All meetings of the ZBA shall be held at the call of the chairperson and at such times as such board may determine. All hearings conducted by such board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicate such fact, and shall also keep records of its hearings and other official action. The board shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony and the production of books, papers, files and other evidence pertinent to the matters before it.

3.

An alternate member may be called by the chairperson of the ZBA to sit as a regular member of the Zoning Board of Appeals in the absence of a regular member if a regular member is absent from or unable to attend two or more consecutive meetings of the ZBA or is absent for a period of more than 30 consecutive days. An alternate member may also be called by the chairperson to serve in the place of a regular member for the purpose of reaching a decision on a case in which a regular member has abstained for reasons of conflict of interest. Once an alternate member has been appointed the member shall serve in the case until a final decision has been made. An alternate member shall have the same voting rights as a regular member of the ZBA.

4.

The ZBA shall not conduct business unless a majority of the ZBA is present. The concurring vote of a majority of the members of the ZBA, i.e. a minimum of three affirmative votes, shall be necessary to reverse an order, requirement, permit, decision, or refusal made by an official, board, or commission.

C.

Jurisdiction. The ZBA shall have the authority outlined in Section 138-2.400.

A.

Purpose. The site plan review procedures, standards, and required information in this Section are intended to provide a consistent and uniform method of review of proposed development plans, to ensure full compliance with the regulations and standards contained in this ordinance and other applicable ordinances and laws, to achieve efficient use of the land, to protect natural resources, and to prevent adverse impact on adjoining or nearby properties. It is the intent of these provisions to encourage cooperation and consultation between the City and applicant so as to facilitate development in accordance with the City's land use objectives.

B.

Type of Review Required. Four levels of site plan review are required by this ordinance: site plan review not required; administrative review; sketch plan review; and site plan review.

1.

Site Plan Review Not Required. Site plan review is not required for the construction of single-family dwellings and small accessory structures.

2.

Administrative Review is required for certain small scale projects that do not impact neighboring properties. The Planning and Development Director shall have the authority to approve, approve subject to conditions, or deny any plan requiring administrative review. The Planning and Development Director or the applicant shall have the option to request Planning Commission consideration of plans eligible for administrative review. All appeals of administrative site plan decisions made by the Planning and Development Director shall be made to the Planning Commission. In such cases, the Planning Commission shall review the plan in accordance with the site plan review procedures set forth in Section 138-2.202.

3.

Sketch Plan Review is required for smaller scale projects and expansions or changes in use for existing sites. Less detailed information is required for sketch plan review compared to site plan review, and the level of information required is intended to be only that necessary to verify compliance with applicable ordinance standards.

The application requirements and review procedures for sketch plan review are the same as those established for site plan review in Section 138-2.202.

4.

Site Plan Review is required for larger and more intense projects, including most new developments, major expansions, and redevelopment. Site plan review procedures and requirements are listed in Section 138-2.202.

The following table summarizes what kind of site plan review is required for various development activities.

Table 1. Type of Review Required

(Ord. No. 170, § 1, 6-16-2014; Ord. No. 183, § 2, 6-18-2018)

Applicants are encouraged to meet with the Planning Department for informal review of conceptual site plans. The purpose of this informal review is to discuss applicable standards and technical issues, comment on the project's compliance with the standards of this ordinance, and determine the appropriate type of review process. The applicant or Planning and Development Director may also request input from other City staff or consultants.

Conceptual plans should, at minimum, include the proposed use, building footprint, existing conditions, general site layout and conceptual grading. Conceptual plan review comments are non-binding, and should be considered by the applicant to be suggestions and recommendations only. A review fee may be required for conceptual plan review, as determined by City Council resolution.

Site and sketch plans shall be reviewed according to the following procedures:

A.

Application. The owner of an interest in land for which site plan approval is sought, or the owner's designated agent, shall submit a completed application form and sufficient copies of a site plan to the City. The site plan shall be prepared in accordance with the provisions of this Article, including all appropriate information required by Section 138-2.208 (Required Information). A site plan that does not meet the stipulated requirements shall be considered incomplete and shall not be eligible for consideration by the Planning Commission.

B.

Technical review. Prior to Planning Commission consideration, the site plan and application shall be distributed to appropriate City officials and staff for review and comment. If deemed necessary the plans shall also be submitted to applicable outside agencies and designated City consultants for review and comment.

C.

Preliminary Site Plan Review. The Planning Commission shall review the site plan, together with any reports and recommendations from staff, consultants and other reviewing agencies and any public comments. The Planning Commission shall then make a determination based on the requirements of this ordinance and the standards of Section 138-2.203 (Standards for Site Plan Approval). The Planning Commission is authorized to postpone, approve, approve subject to conditions or deny the site plan as follows:

1.

Postponement. Upon determination by the Planning Commission that a site plan is not sufficiently complete for approval or denial or upon a request by the applicant, the Planning Commission may postpone consideration until a later meeting.

2.

Denial. Upon determination that a site plan does not comply with the standards and regulations set forth in this ordinance, or would require extensive revisions to comply with said standards and regulations, the site plan shall be denied. If a site plan is denied, a written record shall be provided to the applicant listing the reasons for such denial.

3.

Approval Upon determination that a site plan is in compliance with the requirements of this ordinance and other applicable ordinances and laws, the site plan shall be approved.

4.

Approval subject to conditions. The Planning Commission may approve a site plan, subject to one or more conditions necessary to address minor modifications to the site plan, ensure that public services and facilities can accommodate the proposed use, protect significant natural features, ensure compatibility with adjacent land uses, or otherwise meet the intent and purpose of this ordinance. Such conditions may include the need to obtain variances or approvals from other agencies.

D.

Final Site Plan Review. The procedures for final site plan review are as follows:

1.

Planning Commission Review. The Planning Commission shall review the final site plan, including items of information required by Section 138-2.208 (Required Information) for a final site plan and any requested reports and recommendations from City staff, consultants, and other reviewing agencies. The Planning Commission shall then make a determination based on the requirements of this ordinance, the standards of Section 138-2.203 (Standards for Site Plan Approval), and the following considerations:

a.

The proposed final site plan is consistent with the approved preliminary site plan in terms of building location and architecture, amount and quality of landscaping, site details such as lighting, parking, and circulation layout.

b.

All conditions imposed during preliminary plan approval are met.

c.

The engineering requirements applicable at final site plan approval are met.

2.

Planning Commission Decision. The Planning Commission is authorized to postpone, approve, approve subject to conditions or deny a final site plan in the same manner as a preliminary site plan.

3.

Single-step site plan approval. Nothing in this ordinance shall prohibit the Planning Commission from granting final site plan approval without first granting a preliminary site plan approval if the plans are in compliance with the requirements of this ordinance for a final site plan.

E.

Outside agency permits or approvals. The applicant shall be responsible for obtaining all necessary permits or approvals from applicable outside state and county agencies. All federal, state and local laws and ordinances shall be met and no unresolved negative comments issued by any governmental agency or public utility shall exist prior to the issuance of a land improvement permit (see Article 11 of Chapter 114 of the City Code of Ordinances).

F.

Distribution of Approved Plans. Approved site plans will be forwarded to the Building and Public Services Departments and any other department identified by the Planning and Development Director.

The following criteria shall form the basis upon which a site plan is reviewed and approved, approved with conditions, or denied:

A.

Adequacy of information and compliance with ordinance requirements. The site plan includes all required information in a complete and understandable form that provides an accurate description of the proposed uses, structures and site improvements. The site plan complies with all applicable ordinance requirements, including but not limited to minimum floor space, height of building, lot size, yard space and density.

B.

Site design characteristics. All elements of the site design are harmoniously and efficiently organized in relation to topography, parcel configuration, adjacent properties, traffic operations, adjacent streets and driveways, pedestrian access, and the type and size of buildings. The site is designed in a manner that promotes the normal and orderly development of surrounding property for uses permitted by this ordinance.

C.

Site appearance and coordination. Site elements are designed and located so that the proposed development is aesthetically pleasing and harmonious with adjacent existing or future developments. All site features, including circulation, parking, building orientation, landscaping, lighting, utilities, common facilities, and open space are harmonious and coordinated with adjacent properties.

D.

Preservation of site features. The site design preserves and conserves natural, cultural, historical and architectural site features, including architecturally or historically significant buildings, archeological sites, wetlands, topography, tree-rows and hedgerows, wooded areas and significant individual trees. Refer to Section 138-2.204 for specific environmental requirements.

E.

Pedestrian access and circulation. The arrangement of public or common ways for pedestrian circulation connects to existing or planned sidewalks or bicycle pathways in the area, and is reasonably insulated from the vehicular circulation system. The site design complies with applicable federal, state, and local laws and regulations regarding barrier-free access.

F.

Vehicular access and circulation. Drives, streets, parking, site access and other vehicle-related elements are designed to minimize traffic conflicts on adjacent streets and promote safe and efficient traffic circulation within the site.

G.

Building design and architecture. Building design and architecture relate to and are harmonious with the surrounding neighborhood with regard to texture, scale, mass, proportion, materials and color. Proposed buildings shall comply with the City's building design guidelines.

H.

Parking and loading. Off-street parking lots and loading zones are arranged, located and designed to accommodate the intensity of proposed uses, minimize conflicts with adjacent uses, enhance the character of the neighborhood, and promote shared-use of common facilities by adjoining properties.

I.

Landscaping and screening. Landscaping and screening are provided in a manner that adequately buffers adjacent land uses and screens off-street parking, mechanical equipment, loading and unloading areas and storage areas from adjacent residential areas and public rights-of-way.

J.

Exterior lighting. All exterior lighting fixtures are designed, arranged and shielded to minimize glare and light trespass, prevent night blindness and vision impairments, and maximize security in accordance with the requirements of Article 10, Chapter 2.

K.

Impact upon public services. The impact upon public services will not exceed the existing or planned capacity of such services, and adequate public services (including but not limited to utilities (water, sanitary & storm sewers, county drains, natural gas, electricity and telephone), streets, police and fire protection, public schools and sidewalks/bicycle paths) are available or provided to the site, and are designed with sufficient capacity and durability to properly serve the development. Refer to Section 138-2.205 for specific engineering requirements.

L.

Drainage and soil erosion. Drainage systems, stormwater facilities, and soil erosion, sedimentation and dust control measures are arranged, located and designed to promote shared-use of common facilities by adjoining properties. Adjoining properties, public rights-of-way and the capacity of the public storm drainage system will not be adversely affected by stormwater runoff and sedimentation.

M.

Emergency access. All sites and buildings are designed to allow convenient and direct emergency access, and the level of vulnerability to injury or loss from incidents involving hazardous materials or processes will not exceed the City's emergency response capabilities.

N.

Energy Efficiency. All sites and buildings shall be designed to incorporate, to the greatest extent possible, energy efficient design and sustainable site features, including alternative or distributed energy generation, LEED certification, stormwater management best management practices, and other similar measures.

O.

Additional Standards. Site plan decisions shall also take into account the standards for discretionary decisions in Section 138-2.302.

(Ord. No. 170, § 2, 6-16-2014; Ord. No. 183, § 3, 6-18-2018)

A.

Purpose. The City has natural features and characteristics which must be preserved wherever possible. The City's rapid growth, development and increasing demands have and may encroach upon, despoil, pollute and eliminate many of the natural characteristics, features and resources including watercourses, wetlands, trees and vegetation, etc. If the natural features and characteristics are preserved and protected, as nearly as possible, in an undisturbed and natural condition, it will be in the best interest of the health, safety and welfare of the existing and future residents of the City as it will provide important physical, aesthetic, recreational and economic benefits. Proper regulation and provisions for the protection and preservation of the environmental features of the City will provide for the absorption of air pollutants and contamination; reduce excessive noise and mental and physical damage related to noise pollution; protect against erosion, siltation and flooding; and preserve areas of natural beauty, recreation and irreplaceable heritage for existing and future residents, etc.

B.

Official Maps. The City Council, with the assistance of the Planning Commission, shall have the duty and authority to study and adopt, after public hearing, official maps designating wetlands, watercourses, floodplains, floodways and drainage courses, and steep slopes in the City. Such maps are to be adopted and revised according to the procedures and standards set forth in the City floodplains, watercourse and wetlands protection ordinance.

C.

Construction in wetlands, floodplains, floodways, drainage courses, steep slopes and watercourses prohibited. No uses nor the construction or location of any structures shall be allowed within any area designated on official City maps as wetlands, floodplains, floodways, drainage courses, steep slopes, or watercourses, except as may be allowed according to the requirements and provisions of any ordinances, standards and regulations of the City.

D.

Woodlands. It being of extreme importance to protect woodlands and trees in the City, the applicant for any site plan and/or plat shall take appropriate action to preserve and replace trees. The following information shall be presented with any proposed site plan and/or plat:

1.

Specification of the location of existing stands of trees, existing individual trees having a diameter measurement of six inches or greater at 4½ feet above the ground. On multistem trees, the largest diameter stem shall be measured.

2.

Specification of the location of trees to be retained.

3.

Specifications for protection of the trees to be retained during development.

4.

Specification for grading and drainage to ensure the preservation of the trees to be retained.

5.

Details of steps to be taken for reforestation.

E.

Trees and Vegetation Near Watercourses. No cutting, trimming or otherwise clearing of trees and other natural vegetation shall be allowed within 100 feet of rivers and free-flowing streams, or within floodplains and wetlands, as defined by the corps of engineers or official City maps, without the express written approval of the City Council.

F.

Conservation Easements. Construction or development shall occur in compliance with any conservation easements located on or impacting a property.

G.

Environmental Impact Statement. The applicant for any rezoning, site plan and/or plat shall submit with such site plan and/or plat an environmental impact statement which shall be according to the requirements adopted by the Planning Commission. The Planning Commission, as soon as is reasonably possible, shall adopt specific questions, guidelines and requirements which shall:

1.

Provide relevant information on the environmental impact of applications for rezoning, platting, site plan approval and other actions which will have a significant effect on the environment.

2.

Inject into a developer's planning process consideration of the characteristics of the land and the interest of the community at large as well as his or her own interest and the interests of his potential customers.

3.

Facilitate participation of the citizenry in the review of community developments.

No person shall start building or construction of anything for which a site plan approval is required by this ordinance until there has been compliance with the requirements of this Section 138-2.205. This section does not apply to lands being platted pursuant to the land division act, Public Act No. 288 of 1967 (as amended), and subject to Article III of Chapter 122 of the City Code of Ordinances. The department of public services shall have jurisdiction to enforce the provisions of this section. Any and all construction and development on a site requiring site plan approval shall be consistent with the approved site plan, unless a change conforming to this ordinance receives an additional approval, and subject to the following additional approvals and requirements:

A.

Engineering Drawings Required. After site plan approval and before commencement of construction, detailed engineering drawings for roads and utilities as may be required by the standards and specifications for roads and utilities shall be approved by the Engineering Services Division.

B.

Land Improvement Permit. After site plan approval and before commencement of construction, a land improvement permit shall be obtained pursuant to Article II of Chapter 114 of the City Code of Ordinances for drainage and grading of the site.

1.

Internal. A graphic layout, superimposed on the topographic map, shall be filed clearly defining and delineating the area proposed to contribute surface drainage to each stormwater structure where surface water is proposed to enter the drainage system.

2.

External. If drainage from areas outside the limits of the proposed development is to be accommodated, such areas shall be described and/or delineated and dimensioned in sufficient detail to provide for the location of the limits of such areas on a property line map of the area involved.

3.

Drainage map with computations. The topographic map relating to drainage facilities proposed to be utilized shall be accompanied by computations used in determining the adequacy of both existing and proposed drainage facilities, including an analysis of the adequacy of off-site outlet facilities proposed to be used.

C.

Engineering Requirements. All site plan and development of property shall conform to the following requirements:

1.

Internal road systems. All internal road systems to be dedicated to the City shall conform to current standards and regulations established by the City.

2.

Rights-of-way. That portion of the proposed development, situated within the limits of the proposed right-of-way lines as set forth in the master thoroughfare plan, shall be dedicated by the owner to the county road commission, state department of transportation, or the City, depending on which agency has jurisdiction over the affected road.

3.

Grading.

a.

Elevations adjacent to roads. Areas adjacent to roads shall be graded to an elevation at the property line which is not lower than two feet below the centerline of the road nor higher than two feet above the centerline of the road, unless otherwise authorized by the City engineer.

b.

Slope away from roads. The grading from the property line away from the road shall generally not exceed five percent, which equals one foot in 20 feet.

c.

Drainage considerations. A minimum slope of two percent shall be provided to ensure drainage.

d.

Natural drainage courses. Natural drainage courses shall not be diverted to cause damage to adjacent property. They shall not be filled unless provision is made to accommodate the surface drainage with proper ditch sections or enclosures approved by the City.

e.

Consideration of future road improvements. Grading of properties abutting unimproved roads (roads without concrete or asphalt surfacing) shall indicate consideration of future vertical realignment of such roads.

f.

Meeting adjacent elevations. Proposed grades shall meet elevations of adjacent properties.

g.

Erosion control. A minimum depth of three inches of topsoil shall be replaced on all graded areas, and shall then be seeded or sodded with grass to control erosion.

4.

Stormwater retention/detention. Each development shall be responsible to provide stormwater retention/detention on site and/or proper conveyance by ditch or enclosure to natural drains or county facilities capable of receiving stormwaters. The off-site discharge of stormwater in excess of the capacity of existing downstream facilities will not be permitted. All stormwater management systems shall be designed in accordance with best management practices (BMP) adopted by the City.

5.

Nonmotorized vehicle-pedestrian paths and sidewalks.

a.

Nonmotorized vehicle-pedestrian paths.

i.

Eight-foot asphalt nonmotorized vehicle-pedestrian paths shall be provided in all rights-of-way abutting the subject property which are either existing or planned rights-of-way of 120 feet in width or greater, as designated on the master thoroughfare plan of the City adopted by resolution of the City Council.

ii.

A five-foot concrete nonmotorized pedestrian path shall be provided along all private roads with a road easement of less than 120 feet or public roads in all rights-of-way abutting the subject property which are either existing or planned rights-of-way of less than 120 feet in width, as designated on the master thoroughfare plan of the City adopted by resolution of the City Council. If the existing right-of-way is less than 120 feet in width and the planned right-of-way is 120 feet in width or greater, then subsection C.5.a.i above shall control. The Planning Commission may modify this requirement to protect significant natural features.

iii.

Nothing shall prohibit the construction of a nonmotorized pathway on a road with an existing or planned right-of-way of less than 120 feet.

b.

Natural Beauty Roads. When a road has been designated a natural beauty road pursuant to Public Act No. 59 of 1995 (as amended), nonmotorized paths may be constructed in the right-of-way but are not required.

c.

School access easements. Except when a road has been designated a natural beauty road pursuant to Public Act No. 59 of 1995 (as amended), easements for walkways and walkways shall be provided for school access routes. The walkways shall conform to the requirements for nonmotorized vehicle-pedestrian paths.

6.

Easements to the public. Easements shall be provided before the final occupancy permit is issued, in recordable form, and in a form satisfactory to the City attorney, and in conformity with the City design standards and specifications, for the following:

a.

Internal, undedicated roads or driveways. Easements to the public on all internal, undedicated roads or driveways being used in common by the residents of the development for vehicular traffic, for access of emergency vehicles and other public services.

b.

Portions of the utility systems. Easements to the public for such parts of the utility systems as shall be under public jurisdiction.

D.

Occupancy Permit. As a condition for the issuance of a temporary or final occupancy permit for any structure for any use, other than a model being used as a model, the following shall be required:

1.

Completion of utilities and improvements. Completion and acceptance of the installation of all utilities and improvements required by this ordinance for that structure for which an occupancy permit has been requested.

2.

Restrictive covenants. Presenting, in recordable form, and in a form satisfactory to the City attorney, such instruments as may be necessary to guarantee the maintenance and common control of areas to be used in common by the residents of the development.

3.

Dedication of road rights-of-way. Dedication of all road rights-of-way as are indicated on the site plan.

4.

Escrow Account. The escrow account for the application with the City shall be in good standing, without an outstanding balance.

E.

Review and Inspection Fees. Plan reviews and inspection costs shall be in accord with schedules adopted by the City Council currently in effect. The fee shall be deposited by the property owner at the time application is made for an approval or a building permit, as the case may be.

F.

Additional Engineering Standards. Authority is given for the City Council to adopt by resolution, from time to time, such engineering standards and specifications for utilities, drainage, grading, landscaping, roads, nonmotorized pedestrian pathways, sidewalks, and other similar aspects of development of property. All construction and development pursuant to this ordinance shall be in conformity with such engineering standards and specifications.

G.

Variance Not Permitted. The Zoning Board of Appeals does not have jurisdiction or authority to grant relief from or variances to the requirements of this section. The City Council may authorize a variance from the requirements of this section when undue hardship may result from strict compliance. In granting any variance, the City Council shall prescribe only conditions that it deems necessary to or desirable for the public interest. In making its findings, the City Council shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed development and the probable effect of the proposed development upon traffic conditions in the vicinity. No variance shall be granted unless the City Council finds that:

1.

There are special circumstances or conditions affecting such property such that the strict application of the provisions of this section would deprive the property owner of the reasonable use of his land.

2.

The variance is necessary for the preservation and enjoyment of a substantial property right.

3.

The granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which such property is situated.

(Ord. No. 188, § 2, 12-14-2020)

A.

Use. No owner, tenant, occupant, or person shall use or allow to be used a part or all of any property which was the subject of an approved site plan, other than as set forth on such approved site plan, after completion and approval of the improvements required by the site plan and this ordinance. An example, but not by way of limitation, is using only areas designated for parking for parking purposes, and not some other area of the property.

B.

Maintenance. The owner, tenant, occupant or person responsible for any property which was the subject of an approved site plan shall maintain the property and the improvements thereon in accordance with the approved site plan or an approved amendment thereof. This responsibility shall include the duty to maintain in a condition substantially similar as approved, including the duty to replace, if necessary, all improvements such as, but not by way of limitation, all greenbelts, planting, walls, fences, paving, trash receptacles, handicapped parking areas, etc.

A.

Expiration of site plans.

1.

An approved site plan shall expire two years after the date of approval of the Planning Commission or administration, unless a land improvement permit and/or a building permit has been issued and construction commenced.

2.

Reserved.

3.

If building and land improvement permits have been issued and construction has commenced, final site plan approval shall continue for a period of five years from the date thereof.

4.

Upon written request received by the City prior to the expiration date, the Planning and Economic Development Director may grant up to one extension of up to 365 days to any site plan approval, either preliminary or final, provided that the approved site plan conforms to current Zoning Ordinance standards. The Planning Commission may grant one additional extension of up to 365 days to any site plan approval previously extended by the Planning and Economic Development Director, provided that the site plan conforms to current Zoning Ordinance standards. The Planning and Economic Development Director or the Planning Commission may place reasonable conditions on any such extension and/or require reasonable evidence that the applicant can complete the work required by the approved site plan within the timeframe of such extension.

B.

Resubmission. A site plan that has been denied shall not be resubmitted for a period of 365 days from the date of denial, except on grounds of new evidence or proof of changed conditions found by the Planning Commission to be valid.

C.

Appeals.

1.

The Zoning Board of Appeals shall not have the authority to consider appeals of site plan determinations, except as defined in this Section.

2.

When the Planning Commission approves a site plan contingent upon approval of one or more variances from specific requirements of this ordinance, the applicant shall initiate such a request to the Zoning Board of Appeals. The Planning and Development Director shall provide copies of the site plan, application materials and Planning Commission meeting minutes to the Zoning Board of Appeals. Zoning Board of Appeals consideration shall be limited to the specific variances identified as conditions of site plan approval by the Planning Commission. This shall not preclude the applicant from seeking a dimensional variance from the Zoning Board of Appeals prior to obtaining site plan approval.

D.

Rescinding Site Plan Approval. Approval of a site plan may be rescinded by the Planning Commission upon determination that the site has not been improved, constructed or maintained in compliance with approved permits, site plans, or conditions of site plan or conditional use approval. Such action shall be subject to the following:

1.

Public hearing. Such action may be taken only after a public hearing has been held in accordance with the procedures set forth in Section 138-1.203 of this ordinance (Public Hearing Procedures), at which time the owner of an interest in land for which site plan approval was sought, or the owner's designated agent, shall be given an opportunity to present evidence in opposition to rescission.

2.

Determination. Subsequent to the hearing, the decision of the Commission with regard to the rescission shall be made and written notification provided to the property owner or his or her designated agent.

E.

Revisions to Approved Site Plans. Minor revisions to an approved site plan may be administratively reviewed by the Planning and Development Director, provided that such changes do not materially alter the approved site design, intensity of use or demand for public services. Revisions to an approved site plan that are not considered by the Planning and Development Director to be minor shall be reviewed by the Planning Commission as an amended site plan.

(Ord. No. 199, § 2, 3-17-2025)

The following information shall be included with all site plan applications, except where the Planning and Development Director or the Planning Commission determines that certain information is not necessary or applicable to review of the site plan.

Table 2. Site Plan Required Information

Conditional uses are uses that serve an area, interest or purpose that extends beyond the borders of the City, create particular problems of control in relation to adjoining uses or districts, may have detrimental effects upon public health, safety or welfare, or possess other unique characteristics that prevent such uses from being classified as principal permitted uses in a particular zoning district.

This Chapter is intended to provide a consistent and uniform method for review of conditional use applications, ensure full compliance with the standards contained in this ordinance and other applicable local ordinances, and state and federal laws, achieve efficient use of the land, minimize or prevent adverse impacts on neighboring properties and districts, protect natural resources and facilitate development in accordance with the land use objectives of the Master Plan and any sub-area or corridor plans.

A.

Planning Commission Recommendation. Prior to the City Council making a discretionary decision on a conditional use, the Planning Commission, or the Zoning Board of Appeals if specifically indicated, shall hold a public hearing, make a record of the public comment, make a recommendation and forward such record and recommendation to the City Council before the decision is made.

B.

Public Hearing Notice. The public hearing provided for in this subsection shall be held to comply with the requirements of the Michigan Zoning Enabling Act, PA 110 of 2006 (as amended), as set forth in Section 138-1.203. The notice of the public hearing provided for in this section shall state a public hearing before the City Council may be requested by those persons indicated in the preceding sentence.

C.

City Council Decision. The City Council may deny, approve or approve with conditions a conditional use application. The decision on a conditional use shall be incorporated in a statement containing the conclusions relative to the conditional use specifying the basis for the decision, and any conditions of approval imposed on the application.

1.

Approval. Upon determination that a conditional use proposal is in compliance with the standards and requirements of this ordinance and other applicable ordinances and laws, approval shall be granted.

2.

Approval with Conditions. The City Council may impose reasonable conditions with the approval of a conditional use. The conditions may include provisions necessary to insure that public services and facilities affected by a proposed conditional use or activity will be capable of accommodating increased service and facility loads generated by the new development, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:

a.

Conditions shall be designed to protect natural resources, the health, safety, welfare, and social and economic well being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

b.

Conditions shall be related to the valid exercise of the police power, and purposes which are affected by the proposed use or activity.

c.

Conditions shall be necessary to meet the intent and purpose of the Zoning Ordinance, related to the standards established in the Ordinance for the land use or activity under consideration, and necessary to insure compliance with those standards.

3.

Denial. A conditional use application shall be denied upon determination by the City Council that a conditional use proposal does not comply with the standards and regulations set forth in this ordinance, or otherwise will be injurious to the public health, safety, welfare, or orderly development of the City.

The City Council decision on a conditional use shall be incorporated in a written statement of findings relative to the conditional use under consideration. Said findings shall specify the reasons for the decision and any conditions imposed.

D.

Coordination with Site Plan Review.

1.

When a two-step site plan review process is used, the Planning Commission shall consider the preliminary site plan and conditional use simultaneously, and shall act upon the preliminary site plan prior to making a conditional use recommendation to the City Council. A final site plan associated with a conditional use may not be approved until the conditional use has first been approved by the City Council.

2.

If the applicant chooses a one-step site plan approval process, the Planning Commission shall act upon the final site plan prior to making a conditional use recommendation to the City Council, and any action to grant final site plan approval shall be conditioned upon the City Council granting conditional use approval.

E.

Resubmission. A conditional use application that has been denied shall not be resubmitted for a period of 365 days from the date of denial, except on grounds of new evidence or proof of changed conditions found by the Planning Commission to be valid.

F.

Appeals. The Zoning Board of Appeals shall not have the authority to consider appeals of conditional use determinations by the City Council.

G.

Expiration of Conditional Use Approval. Conditional use approval shall expire 365 days after the date of approval, unless the use has been established on the site, or the final site plan associated with the conditional use has been submitted to the Planning Department for review. Conditional use approval shall also expire upon expiration of the approved final site plan associated with a conditional use. Upon written request received by the City prior to the expiration date, the Planning Commission may grant one extension of up to 180 days, provided that the approved conditional use conforms to current Zoning Ordinance standards.

H.

Rescinding Approval of Conditional Uses. Approval of a conditional use may be rescinded by the City Council upon determination that the use has not been improved, constructed or maintained in compliance with this ordinance, approved permits, site plans, or conditions of site plan or conditional use approval. Such action shall be subject to the following:

1.

Public hearing. Such action may be taken only after a public hearing has been held by the City Council in accordance with the procedures set forth in the Michigan Zoning Enabling Act, PA 110 of 2006 (as amended) as summarized in Section 138-1.203, at which time the owner of an interest in land for which conditional use approval was sought, or the owner's designated agent, shall be given an opportunity to present evidence in opposition to rescission.

2.

Determination. Subsequent to the hearing, the Council's decision regarding to the rescission shall be made and written notification shall be provided to the property owner or the owner's designated agent.

For decisions on conditional uses referred to in subsection (a) of this section and in all other instances in this ordinance where discretionary decisions must be made by a board, commission or official, including decisions on site plans, the requirements and standards as particularly set forth in this ordinance concerning the matter for decision shall be followed, and such discretionary decision shall also be based upon the findings that the conditional use will:

A.

Promote the intent and purpose of this ordinance.

B.

Be designed, constructed, operated, maintained and managed so as to be compatible, harmonious and appropriate in appearance with the existing or planned character of the general vicinity, adjacent uses of land, the natural environment, the capacity of public services and facilities affected by the land use, and the community as a whole.

C.

Be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainageways, refuse disposal, or that the persons or agencies responsible for the establishment of the land use or activity shall be able to provide adequately any such service.

D.

Not be detrimental, hazardous, or disturbing to existing or future neighboring uses, persons, property or the public welfare.

E.

Not create additional requirements at public cost for public facilities and services that will be detrimental to the economic welfare of the community.

The City Council shall grant the requested approval only upon determination of compliance with the standards in this subsection. In granting the requested approval, the City Council shall impose such requirements or conditions as it deems necessary to protect the public interest of the City and the surrounding property and to achieve the objectives of this ordinance.

(Ord. No. 183, § 4, 6-18-2018)

It shall be the responsibility of the owner of the property and the operator of the use for which conditional use approval has been granted to develop, improve, operate and maintain the use, including the site, buildings and all site elements, in accordance with the provisions of this ordinance and all conditions of conditional use approval until the use is discontinued. Failure to comply with the provisions of this Section shall be a violation of the use provisions of this ordinance and shall be subject to the same penalties appropriate for a use violation.

The Mayor or his or her designee may make periodic investigations of developments for which a conditional use has been approved. Noncompliance with Ordinance requirements or conditions of approval shall constitute grounds for the City Council to rescind conditional use approval.

A.

Powers and Duties. The Zoning Board of Appeals shall have the power and it shall be its duty to:

1.

Hear and decide on all matters referred to it by the provisions of this ordinance.

2.

Hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by the building, planning, or public services department in the enforcement of this ordinance. See Section 138-2.404 for additional considerations.

3.

Interpret the text and map and all matters relating thereto whenever a question arises in the administration of this ordinance as to the meaning and intent of any provision or part of this ordinance. Any interpretations shall be in a manner as to carry out the intent and purpose of this ordinance and zoning map, and commonly accepted rules of construction for ordinances and laws in general. See Section 138-2.405 and Section 138-2.406 for additional considerations.

4.

Where there are practical difficulties or unnecessary hardships, within the meaning of state law and this ordinance, in the way of carrying out the strict letter of this ordinance, the Zoning Board of Appeals shall have the power upon appeal in specific cases to authorize such variation or modification of the provisions of this ordinance so that the spirit of this ordinance shall be observed, public safety and welfare secured and substantial justice done. See Section 138-2.407 and Section 138-2.408 for additional considerations.

B.

Review Considerations. In consideration of all appeals and all proposed variances to this ordinance the Zoning Board of Appeals shall, before granting any variance to this ordinance in a specific case, first determine that the proposed variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets or increase the danger of fire or endanger the public safety or unreasonably diminish or impair established property values within the surrounding area or in any other respect impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City.

C.

Majority Vote Required. Except for use variances, the concurring vote of a majority of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination of the building department, or to decide in favor of the applicant on any matter upon which it is authorized by this ordinance to render a decision.

D.

Limitations of Authority.

1.

Nothing contained in this section shall be construed to give or grant to the Zoning Board of Appeals the power or authority to alter or change this ordinance or the zoning map or to rezone, such power and authority being reserved to the City Council.

2.

Nothing in this section shall be construed to authorize the Zoning Board of Appeals to hear, review or decide any appeal from a decision of the City Council or Planning Commission to approve, approve with conditions, or deny a site plan or special use.

E.

Conditions. In authorizing a variance or taking any other action within its jurisdiction, the Zoning Board of Appeals may attach such conditions as may be deemed necessary in the furtherance of the purposes of this ordinance, provided any conditions are in compliance with the standards for imposing conditions as contained in the Michigan Zoning Enabling Act, PA 110 of 2006 (as amended).

In exercising the powers described in Section 138-2.400, the Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may take such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the building department from whom the appeal is taken.

The Zoning Board of Appeals shall make no recommendation except in a specific case and after a hearing conducted by such board. Notice of such hearing shall be provided in the manner established in the Michigan Zoning Enabling Act, PA 110 of 2006 (as amended).

A.

Expiration of Approval.

1.

No order of the Zoning Board of Appeals permitting the erection or alteration of a building, except in the case of an interpretation made by the Zoning Board of Appeals, shall be valid for a period longer than one year from the date of approval unless a building permit or site plan approval for such erection or alteration is obtained within such period and such erection and alteration is started and proceeds to completion in accordance with the terms of such permit or approved site plan.

2.

No order of the Zoning Board of Appeals permitting a use of a building or premises, except in the case of an interpretation made by the Zoning Board of Appeals, shall be valid for a period longer than one year from the date of approval, unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit or site plan approval for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit or approved site plan.

B.

Resubmittal. No request or appeal which the Zoning Board of Appeals has denied wholly or in part may be resubmitted to or reheard by the Zoning Board of Appeals for a period of one year following the effective date of the decision by the Zoning Board of Appeals, except where the Zoning Board of Appeals determines there is valid new evidence that was unavailable to the applicant at the time of the prior hearing or a substantial change in circumstances. Applications for a rehearing shall be in writing and shall be subject to the same rules and requirements as an original request.

A.

Authority. The Zoning Board of Appeals shall hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by the person or body charged with administration or enforcement of the Zoning Ordinance. Such appeals may be taken to the Board by the person, firm or corporation aggrieved, or by an officer, department, board or bureau of the City affected by the order, requirement, decision or determination, provided that a notice of appeal application is filed with Planning and Development Department within 21 days of such action.

B.

Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the building or public services department certifies to the Zoning Board of Appeals after the notice of appeal has been filed that by reason of facts stated in a certificate, a stay would cause imminent peril to life or property, in which case the proceedings shall not be stayed, otherwise than by a restraining order, which may be granted by the Zoning Board of Appeals or by a court of record on application, on notice to the building or public services department and on due cause shown.

C.

Public Hearing. The board shall select a reasonable time and place for the hearing of the appeal and shall give due notice in accordance with the public hearing requirements of the Michigan Zoning Enabling Act, PA 110 of 2006 (as amended) as summarized in Section 138-1.203 and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney.

D.

Fee. A fee shall be paid at the time the notice of appeal is filed to the City treasurer to the credit of the general revenue fund of the City. The fees to be charged for appeals shall be set by resolution of the City Council. The fee for appeals shall be as provided in Section 110-437 for variance, interpretation or appeal of decision requests regarding alterations, modifications, additions or accessory buildings for existing single-family residences, and a fee as provided in Section 110-437 for all other variance, interpretation, appeal of decision or approval requests.

E.

Required Findings. The Zoning Board of Appeals may reverse an administrative action only if it finds that the order, requirement, decision or determination was arbitrary or capricious, based upon an erroneous finding of a material fact, constituted an abuse of discretion, or based upon an erroneous interpretation of the Zoning Ordinance.

Where the actual lines of streets, alleys, or property boundaries vary from the portions indicated on the Zoning Map, or some ambiguity exists as to zoning district boundaries, the Zoning Board of Appeals shall have the power to interpret the Zoning Map in such a way as to carry out the intents and purposes of Zoning Ordinance and Master Plan.

The Zoning Board of Appeals shall have the power to hear and decide requests for interpretations of Zoning Ordinance provisions in such a way as to preserve and promote the character of the zoning district in question, and carry out the intents and purposes of the Zoning Ordinance and Master Plan.

A.

Authority. The Zoning Board of Appeals may grant a dimensional (nonuse) variance to provide relief from a specific standard in this ordinance relating to an area, a dimension or a construction requirement or limitation, upon the concurring vote of a majority of the members of the Zoning Board of Appeals.

B.

Practical Difficulty. A nonuse variance shall not be granted unless the Zoning Board of Appeals finds that there is a practical difficulty in the way of carrying out the strict letter of this ordinance. In determining whether a practical difficulty exists, the Zoning Board of Appeals must find that:

1.

Compliance with the strict letter of the restrictions governing area, setback, frontage, height, bulk, lot coverage, density or other dimensional or construction standards will unreasonably prevent the owner from using the property for a permitted purpose or will render conformity with such restrictions unnecessarily burdensome.

2.

A grant of the variance will do substantial justice to the applicant as well as to other property owners in the district, and a lesser variance will not give substantial relief to the applicant as well as be more consistent with justice to other property owners in the zoning district.

3.

The plight of the applicant is due to the unique circumstances of the property.

4.

The problem is not self-created.

5.

The spirit of this ordinance will be observed, public safety and welfare secured, and substantial justice done.

6.

There is compliance with the standards set forth in Section 138-2.400B.

7.

There is compliance with the standards for discretionary decisions as contained in Section 138-2.302 of this ordinance.

A.

Authority. The Zoning Board of Appeals may grant a use variance to authorize a land use which is not otherwise permitted by this ordinance in the district where the property is located, upon the concurring vote of two-thirds of the members of the Zoning Board of Appeals.

B.

Remedies Exhausted. An application for a use variance shall not be submitted or considered unless the applicant has first received a written determination from the building department that the proposed land use is not permitted under this ordinance in the district where the property is located, and, second has received a final decision from the City Council denying a rezoning of the property to a zoning district where the proposed land use would be permitted under this ordinance.

C.

Unnecessary Hardship. A use variance shall not be granted unless the Zoning Board of Appeals finds, on the basis of substantial evidence presented by the applicant, that there is an unnecessary hardship in the way of carrying out the strict letter of this ordinance. In determining that an unnecessary hardship exists, the Zoning Board of Appeals must find that:

1.

The property in question cannot be reasonably used or cannot yield a reasonable return on a prudent investment if the property would be used only for a purpose allowed in the zoning district.

2.

The plight is due to unique circumstances peculiar to the property and not to general neighborhood conditions.

3.

The use to be authorized by the variance will not alter the essential character of the area and locality.

4.

The problem is not self-created.

5.

The spirit of this ordinance will be observed, public safety and welfare secured, and substantial justice done.

6.

There is compliance with the standards set forth in Section 138-2.400B.

7.

There is compliance with the standards for discretionary decisions as contained in Section 138-2.302 of this ordinance.