Sebewaing City Zoning Code
SITE PLAN
REVIEW
§ 153.110 INTENT.
Before a building permit is issued, a site plan shall be submitted to the Planning Commission for review and approval. In addition, site plans are required for all new developments and substantial modifications. Before granting approval, the Planning Commission shall ascertain that all provisions of this chapter are complied with and that the proposed location and arrangement of buildings, accesses, parking areas, walkways, yards, open areas, and other improvements produce no potential health, safety, or protection hazards, and the arrangement of buildings and structures will provide convenience for the intended occupants or utilization by the public, will be harmonious with development on adjacent properties, and preserve historic structures.
(Ord. passed 11-16-2020)
§ 153.111 SCOPE.
(A) A site plan is required for:
(1) All construction in the MR, C, and M districts; and
(2) Expansion, remodeling, or enlargement of existing buildings with a State or National Register Historic designation or determined to be historic in nature per this chapter. See § 153.011.
(B) The following newly built buildings, structures, or uses shall be exempt from site plan review and procedures.
(1) Single- or two-family homes under separate ownership on an individual and separate lot for each home and including accessory uses.
(2) Expansion, remodeling, or enlargement of existing buildings, provided these projects are less than 1,000 square feet in the:
(a) MR - Multiple Family Residential District;
(b) C - Commercial District; or
(c) M - Industrial District.
(3) Projects greater than 1,000 square feet must have a site plan review by the Planning Commission.
(4) On premises advertising signs providing they conform to this chapter.
(Ord. passed 11-16-2020)
§ 153.112 APPLICATION PROCEDURE.
Requests for site plan review shall be made on a site plan review form using the site plan checklist provided for in the developer packet supplied by the village. The components of the site plan checklist shall be completed before the site plan is reviewed by the Planning Commission. The developer packet outlines specific requirements for submittal. Incomplete site plans or site plans on land not reviewed and approved by the assessor, as portrayed on the site plan, will not be accepted for review. All site plans must be stamped by a licensed professional engineer, architect, landscape architect or surveyor.
(Ord. passed 11-16-2020)
§ 153.113 ACTION ON APPLICATION AND PLANS.
(A) Review of a site plan outside of a plat.
(1) The Zoning Administrator shall record the date of the receipt of the application and plans, and shall transmit copies to the Planning Commission, the Village Zoning Administrator, the Village Engineer, the Police Chief and Fire Chief, and copies to the other affected Village Departments and professionals as the village deems necessary. It is strongly advised that all applicants discuss their site plan with the village staff prior to review by the Planning Commission.
(2) (a) Where it is evident to the Zoning Administrator, professional consultants or the Planning Commission that the proposed use will have an impact upon any public facility, right-of-way or easement, the applicant shall submit the site plan to the appropriate state, county or local agency(s) that has an impact upon, or will be impacted by, the proposed land use and shall request the appropriate agency(s) to review the proposed land use and submit a written response to the Zoning Administrator or Planning Commission describing the potential impact of the project and the agency's recommendations for approval, disapproval or modifications.
(b) The village and/or Planning Commission may request a traffic impact analysis in cases where the location, nature of the use or specific circumstances indicate traffic and/or access management issues require professional analysis. This impact study shall be at the expense of the applicant. Permits for driveways, obtained prior to official approval of a site plan by the Planning Commission shall not constitute approval for construction and are subject to approval by the Planning Commission.
(3) A public meeting shall be scheduled by the Planning Commission for a review of the application and plans as well as reviewing the recommendations of village staff and professionals. Members of the Planning Commission shall be delivered copies of the application and plans prior to the public meeting for their preliminary information and study. The meeting shall be scheduled not more than 40 days following the date of the receipt of the plans and application by the Zoning Administrator.
(4) The applicant shall be notified of the date, time and place of the public meeting on their application not less than 15 days prior to that date.
(5) Following the public meeting, the Planning Commission shall have the authority to approve, disapprove, modify or alter the proposed plans in accordance with the purpose of the site plan review provisions of this section and the criteria contained herein. Any required modification or alteration shall be stated in writing, together with the reasons for the modification, and delivered to the applicant. The Planning Commission may either approve the plans contingent upon the required alterations or modifications, if any, or may require a further review after the modifications have been included in the proposed plans for the applicant. The decision of the Planning Commission shall be made within 40 days of receipt of the application by the Zoning Administrator. If the decision is not made within the 40 day period, the appeal shall be considered approved.
(6) Two copies of the approved final plan/design, including any required modifications or alterations, shall be maintained as part of the village records for future review and/or enforcement. Each copy shall be signed and dated by the Chairperson of the Planning Commission for identification of the final, approved plans, as well as signed and dated by the applicant. If any variances from the zoning chapter have been obtained from the Zoning Board of Appeals, the minutes concerning the variances duly signed shall also be filed with the village records as a part of the plan/design and delivered to the applicant for their information and direction. The plan/design 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 section receives the mutual agreement of the land owner and the Planning Commission.
(B) Process for review of a plat. A plat shall be reviewed in the same manner as a site plan and as described in this chapter, except that a plat shall be submitted for review at two separate stages in the development of the plat and in accordance with the Subdivision Control Act of 1967, as amended, P.A. 288:
(1) The tentative preliminary plat. This plat shall be submitted showing all aspects of the plat as required for site plans, including any additional information requested by the Planning Commission. Following approval of the tentative preliminary plat, a preliminary plat shall be submitted.
(2) The preliminary plat shall be considered the final site plan for the development. Prior to approval of a preliminary plat, the applicant shall present written approval from the Huron County Road Commission, the Michigan Department of Environment, Great Lakes, and Energy, and the Huron County Drain Commissioner. The tentative and preliminary plats may be reviewed and approved simultaneously at the discretion of village staff if all requirements of the zoning ordinance have been satisfied and there are no outstanding issues that would prevent a combined review.
(3) The final plat is under the jurisdiction of the Huron County Plat Review Board. https://www.co.huron.mi.us/clerks-office.
(Ord. passed 11-16-2020)
§ 153.114 CRITERIA FOR REVIEW.
In reviewing the application and site plan and approving, disapproving, or modifying the plan, the Planning Commission shall be governed by the following general standards, in addition to any other site plan standards contained in any other area of this chapter. The site plan review form has all detailed requirements.
(A) Vehicular and pedestrian circulation. There is a proper relationship between the existing streets and highways within the vicinity and proposed acceleration and/or deceleration lanes, service drives, entrance and exit driveways, and parking areas to ensure safety. Ensure a pedestrian and non-motorized circulation system is provided that promotes the connectivity of sidewalks throughout the village and which meets the standards set in the village sidewalk ordinance, when adopted.
(B) Natural features. As many natural features of the landscape shall be retained as possible where they furnish a barrier screen, or buffer between the project and adjoining properties used for dissimilar purposes and where they assist in preserving the general appearance of the neighborhood.
(C) Drainage. Adequate provision has been made for stormwater drainage on or from the site. In the case of residential developments, rear lot drainage is required. Sheet drainage is not permitted on any developments in any district. A drainage plan will be required. Green infrastructure shall be employed on any new development where possible.
(D) Adverse effects of development. Any adverse effects of the proposed development and activities emanating from which affect adjoining residents or owners shall be minimized by appropriate screening, fencing, landscaping, setback, and location of buildings, structures, and entryways.
(E) Historic nature. The preservation of historic structures involves two basic concerns: slowing the rate at which historic material is lost and maintaining historic character. Site plan requirements to preserve the historic nature of a structure shall be limited to actions that fulfill these two concerns.
(F) Layout. The layout of buildings and improvements will minimize any harmful or adverse effect which the development might otherwise have upon the surrounding neighborhood.
(G) Land division ordinance. The site plan must comply with all provisions of the zoning ordinance. However, this would not preclude the applicant from applying for an appropriate variance with the Zoning Board of Appeals. The Planning Commission may conditionally approve a site plan subject to the granting of any appropriate variance, only with the understanding that without the variance the site plan is disapproved.
(H) Shared access. The Planning Commission must require shared access between and among uses where feasible, excluding single-family dwelling uses. Feasibility is determined with respect to the physical design of the site and not the effort or costs involved with achieving joint access. This requirement applies to driveways and access drives associated with site redevelopment or new construction. A new application for site plan approval shall be required and new approval obtained before any construction or earth change is commenced upon the site.
(I) Off-street waiting space. Where off-street waiting space is required, the following regulations shall apply:
(1) An off-street waiting space is defined as an area with a minimum width of nine feet and a minimum length of 20 feet and shall not include the use of any public space, street, alley or sidewalk and shall be located entirely within any commercial district. Uses occupied or built for the purpose of serving customers in their vehicles by a service window or similar arrangements, off-street waiting spaces shall be provided as follows:
(a) Drive-through lanes shall not utilize any space which is necessary for adequate access to parking spaces from internal maneuvering lanes.
(b) Drive-through lanes shall have a minimum centerline radius of 25 feet.
(c) Drive-through lanes shall be striped, marked, or otherwise distinctively delineated.
(d) No space shall be located closer than 50 feet to any lot in any residential district, unless wholly within a completely enclosed building or enclosed on all sides facing residential zones, by a wall or uniformly painted solid board or masonry fence of uniform appearance which is not less than six feet in height.
(Ord. passed 11-16-2020)
§ 153.115 UTILITIES.
Utility lines serving newly constructed structures shall be buried. This includes gas, electrical, sewer, water, cable and fiber optics. In the case of utilities being built in the FEMA floodplain, installation must follow FEMA Floodproofing Guidelines, and any state requirements or permits regarding the flood zone. Refer to the Village of Sebewaing's Code of Ordinances, Title V - Public Works for full guidelines.
(Ord. passed 11-16-2020)
§ 153.116 AMENDMENT TO SITE PLAN.
A proposed amendment, modification, or alteration to a previously approved site plan may be submitted to the Planning Commission for review in the same manner as the original application was submitted or reviewed.
(Ord. passed 11-1-2020)
§ 153.117 PERFORMANCE BOND.
The Planning Commission shall have the right and authority to require the developer to file with the Zoning Administrator at the time of application for a building permit, a performance agreement in a form approved by the Zoning Administrator to ensure the development of those portions of the site that will be dedicated to the village for public use, including streets and utility easements, in accordance with the approved site plan, conditioned upon the proper construction and development. A performance bond may also be required in instances where the Planning Commission determines the nature of the project is such the activity being approved by the site plan could cause substantial negative impact on the safety, aesthetics or function of the infrastructure of the village in the event the activity/construction or change to the land was not completed as planned. This agreement shall continue for the duration of the construction and development of the site.
(Ord. passed 11-16-2020)