Sparta Township City Zoning Code
SITE PLAN
REVIEW
§ 154.160 REVIEW AND APPROVAL.
It is recognized that land uses and their location may possess distinct characteristics that may affect the community, its residents and its thoroughfares. It is, therefore, necessary to require submission of a site plan to the township for review and approval in accordance with guidelines and criteria set forth herein in order to ensure safe development and to avoid adverse impacts to the township and its citizens.
(Ord. passed 7-12-2012, § 6.1)
§ 154.161 APPLICABILITY.
(A) In accordance with the provisions of this subchapter, the Zoning Administrator or the Planning Commission (where applicable) shall review and approve, deny or approve with conditions a site plan for the proposed development, activity, or use prior to the issuance of any permits for the creation of a use or the erection or expansion of a building in the zoning districts and as specified in this subchapter.
(B) No use, activity, building or structure that requires site plan approval shall be commenced, conducted, expanded or constructed until and unless site plan approval has occurred.
(C) The Zoning Administrator shall review and approve, approve with conditions or deny a site plan for all of the following uses:
(1) Any multi-family residential development (not involving a special use, plat, PUD, OS-PUD or conditional rezoning);
(2) Any use in the C-1 General Commercial Zoning District;
(3) Any use in the C-2 Highway Commercial Zoning District;
(4) Any use in the I-1 Light Industrial Zoning District;
(5) Any use in the I-2 Heavy Industrial Zoning District;
(6) Any use within the Ap Airport Zoning District (unless provided otherwise in this chapter);
(8) Essential services;
(9) Any commercial, industrial, business or office use (unless a special use, PUD, OS-PUD or conditional rezoning is involved);
(10) Home occupations;
(11) State licensed residential family care facilities and family day care homes; and
(12) Any expansion, enlargement or change to any of the preceding.
(D) The Planning Commission shall approve, deny or approve with conditions a site plan regarding any of the following uses:
(1) Any mobile home park;
(2) Any site plan associated with a special use in any zoning district;
(3) Any plat;
(4) Condominiums, site condominiums and subdivisions in any zoning district;
(5) Any site plan associated with a PUD;
(6) Any site plan associated with an OS-PUD; and
(7) Any expansion, enlargement or change to any of the preceding.
(E) The Zoning Administrator shall have the discretion to forward a site plan to the Planning Commission for any site plan normally within the jurisdiction of the Zoning Administrator if the Zoning Administrator determines that the site plan and proposed use involve matters of significant public interest and that the Planning Commission may be better equipped to deal with the particular site plan involved. Should such referral occur with regard to a particular site plan, all the provisions in this subchapter applicable to Planning Commission review of a site plan (including the standards for review and approval by the Planning Commission) shall apply.
(Ord. passed 7-12-2012, § 6.2)
§ 154.162 STANDARDS FOR REVIEW AND APPROVAL.
(A) Where the Zoning Administrator performs a site plan review process as specified in this subchapter, the Zoning Administrator shall not approve a site plan unless all of the uses, activities, structures, building, parking areas, drainage and other site conditions and improvements meet all applicable requirements of this chapter.
(B) Where the Planning Commission performs a site plan review process as specified in this subchapter, the Planning Commission shall not approve a site plan unless all of the uses, activities, structures, building, parking areas, drainage and other site conditions and improvements meet all other requirements of this chapter. The Planning Commission shall not approve a site plan unless all of the following additional standards are also met:
(1) The proposed use conforms to the uses permitted either by right or by special use permit in the respective zoning district;
(2) The dimensional arrangement of buildings and structures conforms to the required yards, setbacks and height restrictions of the ordinance, unless waived by variance granted by the Zoning Board of Appeals (ZBA);
(3) The proposed use conforms to all use and design provisions and requirements (if any) as found in this chapter for certain specific uses, unless waived by variance granted by ZBA;
(4) There is a proper relationship between the existing and proposed streets and highways within the vicinity in order to assure the safety and convenience of pedestrian and vehicular traffic;
(5) The proposed on-site buildings, structures and entryways are situated and designed to minimize adverse effects (upon owners and occupants of adjacent and surrounding properties) by providing for adequate design of access/egress, interior/exterior circulation, storm drainage, erosion, grading, lighting and parking, as specified by this chapter or any county or state law;
(6) As many natural features of the landscape shall be retained as possible where they can be useful to the development on the site or where they furnish a barrier or buffer between the project and adjoining properties (used for dissimilar purposes) or where they assist in preserving the general safety, health and appearance of the neighborhood (such as, controlling erosion or the discharge of storm waters and the like);
(7) Any adverse effects of the proposed developments and activities emanating therefrom upon adjoining residents or owners shall be minimized by appropriate screening, fencing or landscaping (as provided or required in this chapter);
(8) In the case where the current use is commercial or industrial, not publicly sewered, and the application is to change, convert, add or expand such commercial or industrial use, a statement from the county’s Health Department must be submitted certifying that the present on-site septic disposal system is adequate to meet the needs of the changed, converted, added or expanded use after development;
(9) All buildings and structures are accessible to emergency vehicles; and
(10) The site plan as approved is consistent with the intent and purpose of zoning, which is to promote the public health, safety and general welfare to encourage the use of lands in accordance with their character and adaptability; to avoid the overcrowding of population; to lessen congestion on the public roads and streets; to reduce hazards of life and property; and to facilitate the land use plan.
(Ord. passed 7-12-2012, § 6.3)
§ 154.163 APPLICATION.
(A) An application for site plan review (along with sufficient copies of the site plan) shall be submitted to the Zoning Administrator along with any fee or escrow requirements as set by resolution of the Township Board.
(B) The application shall, at a minimum, contain all of the following information:
(1) The applicant’s name, address and phone number;
(2) Proof that the applicant is the owner of the property or has a legal or financial interest in the property, such as a purchase agreement;
(3) The name, address and phone number of the owner(s) of record if different than the applicant;
(4) The address of the property;
(5) Legal description of the property;
(6) Current zoning;
(7) Project description;
(8) Size of the parcel in acres; and
(9) Signature of the applicant and owner of the property.
(Ord. passed 7-12-2012, § 6.4)
§ 154.164 CONDITIONAL APPROVAL; PLANNING COMMISSION.
(A) Reasonable conditions may be attached to any site plan approved by the Planning Commission. The conditions may include, but are not limited to, conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure 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:
(1) Be designed to protect natural resources, the health, safety and welfare and the 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;
(2) Be related to the valid exercise of the police power, and purposes that are affected by the proposed use or activity; and
(3) Be necessary to meet the intent and purpose of this chapter, be related to the standards established in the ordinance for the land use or activity under consideration and be necessary to ensure compliance with those standards.
(B) The conditions imposed with respect to the approval of a site plan shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the Planning Commission and the landowner. A record of conditions that are changed shall be maintained by the respective approval body.
(Ord. passed 7-12-2012, § 6.5)
§ 154.165 RECORDS AND COMPLIANCE.
Upon approval of the site plan, the Zoning Administrator or the Chair of the Planning Commission (whichever is applicable) shall sign three copies thereof. Two copies shall be kept by the township, and the third shall be returned to the applicant. All subsequent actions relating to the activity authorized by the approved site plan shall be consistent with the plan unless a change conforming with this chapter receives mutual agreement with the land owner and the Zoning Administrator or the Planning Commission (whichever is applicable).
(Ord. passed 7-12-2012, § 6.6)
§ 154.166 COMPLIANCE WITH PERFORMANCE STANDARDS.
Compliance with applicable performance standards for certain uses enumerated elsewhere in this chapter is also required.
(Ord. passed 7-12-2012, § 6.7)
§ 154.167 CONFORMITY TO APPROVED SITE PLAN.
Property that is the subject of site plan approval must be developed and used in strict compliance with the approved site plan, and with any revisions, amendments or modifications made thereto. If construction, development and use does not conform with such approved plan, the approval thereof shall be revoked by the Zoning Administrator by written notice of such revocation posted upon the premises involved and mailed to the developer at his or her last known address. Upon revocation of such approval, all further construction activities shall cease upon the site, other than for the purpose of correcting the violation.
(Ord. passed 7-12-2012, § 6.8)
§ 154.168 SECURITY.
The Planning Commission or Zoning Administrator (whichever is applicable) is also empowered to require a performance bond, letter of credit or, in its, his or her discretion, a certified check, to be posted by the applicant in order to ensure that all zoning requirements and conditions of approval will be completed in accordance with the approved site development plan.
(Ord. passed 7-12-2012, § 6.9)
§ 154.169 PRELIMINARY SITE PLAN REVIEW; PLANNING COMMISSION.
(A) If desired by the applicant, a preliminary site plan may be submitted to the Planning Commission, where the Planning Commission has jurisdiction over the site plan process. The purpose of this procedure is to allow discussion between the applicant and the Planning Commission, to better inform the applicant of the acceptability of the project before significant engineering efforts are incurred that might be necessary for final site plan approval.
(B) Applications for preliminary site plan review shall be made in accordance with the application procedures of this section.
(C) Upon receipt of the preliminary site plan and application, the Zoning Administrator may forward copies to the Township Fire Chief, Planner, Engineer and others as necessary for review and subsequent report to the Planning Commission. The Zoning Administrator shall send the application and site plan to members of the Planning Commission prior to the meeting at which it will be considered.
(D) The preliminary site plan shall be drawn at a scale of not more than one inch equals 100 feet and shall contain the following information unless specifically waived by the Planning Commission:
(1) Existing adjacent streets and proposed streets, public or private, as well as development within 100 feet of the site;
(2) Parking lots and access points;
(3) Proposed buffer strips or screening;
(4) Significant natural features and other natural characteristics, including, but not limited to, open space, stands of trees, brooks, ponds, floodplains, hills and similar natural features;
(5) Existing and proposed buildings;
(6) General topographical features including existing contour intervals not greater than ten feet;
(7) Proposed method of providing public or private utilities including storm water drainage; and
(8) Small scale sketch of properties, streets and zoned uses of land within one-half mile of the site.
(E) The Planning Commission shall review the preliminary site plan and may make recommendations to assist the applicant in preparing a final site plan that will conform to the standards of this chapter.
(Ord. passed 7-12-2012, § 6.10)
§ 154.170 FINAL SITE PLAN REVIEW.
(A) If desired by the applicant, a final site plan may be submitted for review without first receiving preliminary site plan approval. Application for final site plan review shall be made in accordance with the application procedures of this subchapter, and shall be reviewed in accordance with the same procedures for preliminary site plans.
(B) Final site plans whether submitted to the Planning Commission or Zoning Administrator (as may be required by this subchapter) shall be drawn at a scale of not more than one inch to 100 feet and shall contain the following information unless specifically waived by the Planning Commission or Zoning Administrator (as the case may be):
(1) The date on which the site plan was prepared;
(2) The name, address and professional seal of the architect, landscape architect, engineer or professional surveyor who prepared the plan;
(3) A north arrow and legal description based upon the most current survey;
(4) Property lines, dimensions and building setback distances and all structures, lot lines and wetlands within 100 feet of the site;
(5) Existing and proposed topographic elevations at two-foot intervals on the site and to a distance of 50 feet outside the boundary lines of the site;
(6) Direction of storm water drainage and how storm water runoff will be handled, as well as a statement describing where storm water will be ultimately discharged such as a creek, stream, lake or wetland;
(7) Location of existing and proposed buildings, their intended use, the length, width and height of each building, and the square footage and finished floor elevation of each building;
(8) Location of abutting streets, rights-of-way, service drives, curb cuts and access easements serving the site, as well as driveways opposite the site and driveways within 100 feet on either side of the site. Also driveway width, curb radii and design of proposed deceleration lanes;
(9) Location and size of all water and sanitary sewer lines and storm drainage lines as well as fire hydrants and catch basins, and location of septic tanks and drain fields, and utility easements;
(10) Location and type of all sidewalks, bike paths and other walkways;
(11) Location, type and size of any walls, fences or other screening devices;
(12) Location of all proposed landscape materials, including size and type of plantings;
(13) Location, size and height of all proposed accessory structures, flagpoles, storage sheds, transformers, dumpsters or trash removal areas or devices, and methods of screening, and existing and proposed utility poles. Rooftop or outdoor equipment shall also be indicated, including proposed methods of screening where appropriate;
(14) Proposed parking areas and access drives showing the number and dimensions of spaces and aisles, loading areas, handicapped access ramps and the method of surfacing such areas;
(15) Exterior lighting showing areas of illumination and type of fixtures as well as the method of shielding lights from adjacent properties and roadways;
(16) Location and type of significant existing vegetation, watercourses and waterbodies including county drains and human-made surface drainage ways, floodplains and wetlands. Vegetation that is to be retained on the site must be illustrated;
(17) Location of existing and proposed slopes that are 20% or greater;
(18) Zoning and land use on adjacent properties;
(19) Location and specifications for any existing or proposed above or below ground storage facilities for any chemicals, salts, flammable materials or hazardous materials as well as any containment structures or clear zones required by this chapter or by state or federal agencies;
(20) The Planning Commission or Zoning Administrator may request architectural elevation drawings of a building and cross-section drawings of the site; and
(21) Small-scale sketch of properties, streets and zoned uses of land within one-half mile of the site.
(C) The final site plan for developments that have been proposed in phases shall generally conform to the approved preliminary plan.
(D) (1) The Planning Commission or Zoning Administrator (as applicable) may require written statements relative to the effects of the proposed use on the traffic capacity and safety of existing streets, and the proposed development’s impact on schools, existing utilities, the environment and natural features.
(2) In addition, the Planning Commission or Zoning Administrator (as applicable) may require additional studies, graphics or other written materials from the applicant in order to assist in determining the appropriateness of the site plan.
(Ord. passed 7-12-2012, § 6.11)
§ 154.171 MINOR MODIFICATIONS OF APPROVED SITE PLANS.
Minor modifications may be made to a site plan approved by the Planning Commission as provided by this section without the need to obtain formal approval for the change from the Planning Commission.
(A) Review and approval by Zoning Administrator. An application for a proposed minor modification to final site plan initially approved in connection with a zoning permit by the Zoning Administrator may be reviewed, and approved, approved with conditions or denied, by the Zoning Administrator alone. The Zoning Administrator’s decision to approve, approve with conditions or deny a minor modification shall be made in writing.
(B) Review and approval by Zoning Administrator and Planning Commission Chair; special use. An application for a proposed minor modification to a final site plan initially approved in connection with a special use approval by the Planning Commission may be reviewed, and approved, approved with conditions or denied, by the joint, concurring approval of the Zoning Administrator and the Chair of the Planning Commission. The decision by the Zoning Administrator and the Planning Commission Chair to approve, approve with conditions or deny a minor modification shall be made in writing. The Planning Commission Chair shall provide a copy of the written decision to the Planning Commission for its information at the Planning Commission’s next regularly scheduled meeting.
(C) Referral to Planning Commission. The Zoning Administrator and/or the Planning Commission Chair (as applicable) may, in their discretion, refer any application for a minor modification to the Planning Commission for review and approval by the Planning Commission. The Planning Commission shall also review applications for minor modifications in any case where the Zoning Administrator and the Planning Commission Chair do not concur in its decision under division (B) above. The Planning Commission’s decision to approve, approve with conditions or deny a minor modification shall be made in writing at a regularly scheduled or special meeting of the Planning Commission. A public hearing shall not be required.
(D) Requirements applicable to all minor modifications. In deciding whether or not to approve a minor modification, the official or body authorized to review and approve the requested modification may consult with other city staff, officials and departments, as appropriate. However, a modification to an approved plan shall not be approved unless the modification conforms to the standards and requirements applicable to the site plan in question as provided by this chapter. If a minor modification is approved, the applicant shall prepare any required changes to the site plan documents (including, without limitation, maps and written materials) as necessary to show the approved modification. No approval of a minor modification shall become final and effective until the Zoning Administrator has reviewed and approved the changes made to the site plan documents to reflect the approved modification, and the necessary documents as revised have been placed on file with the township. After a modification is final and effective, no activity or use on the property shall be conducted, except in strict compliance with the plan as modified.
(E) Changes eligible for consideration as minor modifications. The following changes to a final approved site plan shall be the only changes eligible for consideration as minor modifications as provided by this section:
(1) A change of not more than 20 feet in the location of any building or structure in any direction from the location as originally approved; provided that, the building or structure is not moved closer to any public or private right-of-way and remains in compliance with applicable setback distances;
(2) For non-residential buildings, a reduction or increase by no more than 5% in gross floor area;
(3) A change in the height of any building or structure by not more than 10%; provided that, applicable maximum height limits are not exceeded;
(4) The internal rearrangement of parking spaces in a parking lot; provided that, the total number of parking spaces is not reduced, circulation hazards or congestion are not created by the redesign and the rearrangement will not result in increased impacts on adjoining property;
(5) The substitution of landscaping or plant materials; provided, they are substituted by similar types of materials on a one-to-one or greater basis, as determined by the official(s) authorized to approve the minor modification as provided by this chapter;
(6) A reduction in number of signs, a decrease in the height or size of signs or an increase in the setback for any sign;
(7) A decrease in the width of a curb cut, or an increase of not more than 50% in the width of a curb cut; provided that, the increase or decrease complies with all applicable street and highway regulations;
(8) Improvements to access and circulation systems, such as the addition of acceleration/ deceleration lanes, curbing and pedestrian or bicycle paths; provided, the improvement complies with all applicable street and highway regulations;
(9) An increase in area of areas designated on a plan as being reserved for open space or as otherwise not being subject to development; and
(10) Other similar changes of a minor nature proposed to be made to the configuration, design, layout or topography of the project if the official(s) authorized to approve the minor modification as provided by this chapter determine that the changes are not material or significant in relation to the entire project and will not have any significant adverse effect on adjacent or nearby lands or the public health, safety or welfare.
(Ord. passed 7-12-2012, § 6.12)