The purpose of this Article is to identify specific data submittal requirements, review procedures and standards to guide the city's review and approval of site plans, and to require conformity with approved site plans.

A major or minor site plan shall be prepared and submitted in accordance with the requirements of this article. The zoning administrator shall not issue a zoning permit or other approval under this ordinance, nor shall the building inspector issue a building permit, for any use or structure for which site plan approval is required, until a site plan covering the entire lot or parcel has been reviewed and approved.

1.

Minor Site Plans. A minor site plan meeting the requirements of Section 12.3 must be submitted as part of any application for a zoning permit or a building permit for any new or altered use which is classified as a "P" Permitted or "C" Conditional Use under this ordinance, or for a new or altered building or structure associated with such a use.

2.

Major Site Plans. A major site plan meeting the requirements of Section 12.4 must be submitted as part of any application for a new or amended planned unit development, special use permit or variance.

A minor site plan shall be a diagram drawn to a scale sufficient to allow a reviewer to determine compliance with this ordinance, but in no event less than one inch equals 30 feet. Drawings required under this article shall be submitted on sheets of paper not less than eight and one-half by 11 inches in size, nor more than 24 by 36 inches. In the event that the entire site plan does not fit on one sheet at the required scale, in addition to the diagrams drawn at the required scale, the minor site plan shall include an overall site plan drawn at a reasonable scale, and with a reasonable level of detail, to permit a reviewer to view the entire site on a single sheet. Three copies of the minor site plan shall be submitted and shall include the following information unless waived by the zoning administrator as unnecessary given the nature of the request, and shall distinguish between existing features and proposed changes:

A.

The current zoning classification of the site and surrounding properties.

B.

The bearings and dimensions of the boundary lines of the lot or lots included in the site plan; the area of the site and of any individual lots; the location, dimensions and conditions of any easements burdening or benefiting the property; and an arrow indicating North.

C.

Required front, rear, and side setbacks under this ordinance.

D.

General direction of stormwater flow and elevation at pertinent points if available. Topography with contour intervals of not more than two feet (spot elevations may be accepted for proposed topography) may be required by the zoning administrator, depending on the site characteristics. See also Section 3.25.

E.

The shape, size, location on the lot, height, and floor area of all buildings and structures; lot coverage ratios; and finished grade. In addition, for lots in the floodplain overlay district, the base flood elevation and the elevation of the lowest habitable floor of all structures.

F.

Natural characteristics, including, but not limited to, open space, stands of trees, brooks, ponds, creeks, rivers, lakes, floodplains, hills, dune classifications, dune crest, and similar natural assets.

G.

Streets, driveways, parking spaces, curb cuts, loading spaces, and sidewalks, with indication of direction of travel for one-way streets and drives, and the inside radius of all curves. The width of streets, driveways, and sidewalks, and the size, layout, and total number of parking spaces shall be shown.

H.

The size and location of all public and private utilities and storm drainage systems.

I.

A vicinity sketch showing the location of the site in relation to the surrounding street system.

J.

A legal description of lots included in the site plan.

K.

Applications made and approvals received, including all conditions, from other county, state and federal authorities, including those that have not yet been granted or have been denied, as well as a description of any required approvals that have not yet been applied for.

L.

Any other information deemed by the zoning administrator to be necessary to establish compliance with this and any other ordinance.

A major site plan shall satisfy all of the requirements for a minor site plan, as well as the following, except for items waived by the zoning administrator as unnecessary given the nature of the request:

A.

The location, height, and use of all buildings and structures on adjacent properties, including properties across public rights-of-way.

B.

Buffer strips, landscaping, screening and fenced areas.

C.

Signs and lighting, pedestrian or bicycle paths, trash and dumpster locations.

All information depicted on a major site plan shall be prepared by, or under the direct supervision of, a professional engineer, architect, land surveyor, or landscape architect licensed in Michigan, or an AICP or PCP certified professional community planner, as indicated by the signature and seal of the professional. The requirement for this signature and seal may be waived if under the Code of Ordinances the design or construction work associated with the proposed project would not otherwise require the supervision of such a licensed professional.

12.5.1.

Review of Site Plans. The Zoning Administrator and Chief Building Official shall examine the site plan as to proper form and content and to determine compliance with all applicable requirements of this ordinance. A site plan which is submitted without all the information required by this ordinance shall not be processed. The applicant shall be notified and informed of the missing information.

12.5.2.

Review and Action on Minor Site Plans. If upon review, a minor site plan meets the ordinance requirements it shall be approved by the zoning administrator. If the minor site plan does not meet ordinance requirements, it shall be denied and the specific reasons for denial shall be listed in a letter to the applicant from the zoning administrator. Any conditions shall be shown on the site plan, as well as stated in writing and delivered to the applicant.

12.5.3.

Review and Action on Major Site Plans. A site plan associated with a special use or PUD application shall be reviewed and considered for approval concurrently with the other elements for each review as provided in Article XI and Article XIII respectively. A site plan associated with a variance application shall be reviewed and considered for approval concurrently with the other elements for the review as provided in Article XV.

12.5.4.

Reserved.

12.5.5.

Reserved.

12.5.6.

Signing Approved Site Plans. Upon approval of a site plan, the zoning administrator shall sign and date three copies thereof. One signed copy shall be made part of the zoning administrator's files and one shall be forwarded to the building inspector for issuance of a building permit. The third copy shall be returned to the applicant. If any variances from the zoning ordinance have been obtained from the zoning board of appeals relative to the property for which site plan approval was granted, the minutes concerning the variances, duly signed and dated, shall also be filed with the planning commission records as a part of the approved site plan and a copy delivered to the applicant.

12.6.1.

Standards for Review of Site Plans. Prior to a recommendation or approval of any minor or major site plan by the planning commission, city commission or by the zoning administrator, conformance shall be ascertained with all the applicable standards of this ordinance, as well as with the following standards:

A.

Ingress and egress to the property and proposed structures thereon shall provide motor vehicle and pedestrian safety and convenience, efficient traffic flow and control, and easy access in cases of fire, catastrophe or emergency. Sidewalks, bicycle paths and/or a trail system linking the property to abutting property, trails, or public rights-of-way shall be provided.

B.

Off-street parking and loading areas where required, shall be satisfactory in size, shape and design and not present significant noise, glare, odor or other nuisance effects on adjoining properties and properties in the proposed development.

C.

Sewer, water and storm drainage shall be satisfactory and shall be sited in locations, which provide suitable availability and compatibility with adjacent uses and structures.

D.

The type, dimensions and character of open spaces, landscaping, screening and buffering shall enhance the design, character, use and value of the property and abutting lands and waters. Any exterior lighting shall be designed to prevent unnecessary illumination of the night sky and shall be shielded from adjacent properties.

E.

Signs, if any, and their proposed size, shape, height and lighting relative to glare, traffic safety, and economic effect, shall be compatible and in harmony with signs, structures and uses of adjoining properties.

F.

The number, size and height of dwellings, buildings and structures, as well as their locations with reference to required yards shall be compatible with existing or planned development in the area and shall be designed consistent with all applicable fire and safety codes.

G.

Proposed uses and structures shall be generally compatible with adjacent properties.

H.

The site plan shall be consistent with the general purposes and spirit of this ordinance and as may be relevant the comprehensive plan of the city.

I.

Garbage storage and disposal and recycling bins shall be designed to ensure no vermin or rodent infestation and easy access to facilities which are screened from view from the Street or abutting properties when not in use.

J.

The applicant shall demonstrate that reasonable precautions will be made to prevent hazardous substances from entering the soil or water including:

1.

Sites at which hazardous substances are stored, used or generated shall be designed to prevent spills and discharges to the air, surface of the ground, groundwater, lakes, streams, rivers, or wetlands.

2.

Secondary containment for above ground areas where hazardous substances are stored or used shall be provided. Secondary containment shall be sufficient to store the substances for the maximum anticipated period of time necessary for the recovery of any released substances.

3.

General purpose floor drains shall only be allowed if they are approved by the responsible agency for connection to a public sewer system, an on-site closed holding tank (not a septic system), or regulated through a State of Michigan groundwater discharge permit.

4.

No discharges to groundwater, including direct and indirect discharges, shall be allowed without required permits and approvals.

5.

Underground storage tank installation, operation, maintenance, closure, and removal shall be in accordance with the requirements of the State Police Fire Marshal Division and the Michigan Department of Environmental Quality.

6.

Bulk storage facilities for pesticides and fertilizers shall be in compliance with requirements of the Michigan Department of Agriculture.

K.

Earth moving activities necessary to reshape land consistent with the site plan shall be in compliance with requirements of the Natural Resources and Environmental Protection Act, PA 453 of 1994, and shall minimize soil erosion and sedimentation, alteration of protected sand dunes, wetlands, high risk erosion areas and related natural features, as applicable.

L.

The site plan shall fully conform with this ordinance, and all applicable city, county, state and federal statutes, rules and regulations and any permits issued by agencies charged with administration of these statutes, rules or regulations, including, but not limited to, regulations pertaining to floodplains, wetlands, sand dunes, high risk erosion areas and water quality administered by the Michigan Department of Environmental Quality.

A.

The applicant may voluntarily provide additional information to that specified in Sections 12.3 and/or 12.4 of this ordinance, or required to determine compliance with other sections of this ordinance. These representations are not binding and may be altered by the applicant or owner except as otherwise provided in this section and so long as this alteration does not cause a violation of this ordinance or other applicable laws or regulations. Such alterations do not constitute a change to the site plan requiring zoning approval.

B.

In the event the recommending or approving person or body believes some portion of this additional information is necessary or plays an integral part in determining that the application meets ordinance standards, that person or body can recommend or require as a condition of approval conformity with the appropriate information presented.

C.

Amenities and appurtenances not specified in Sections 12.3 and/or 12.4 of this ordinance, such as benches, drinking fountains, planters, bicycle racks, and internal directional signage, may be added, removed or altered by the applicant so long as this does not cause a violation of this ordinance or other applicable laws or regulations. Such alterations do not constitute a change to the site plan requiring zoning approval.

D.

This section applies to all applications, whether for permitted uses, conditional uses, special uses, planned unit developments, hardship planned unit developments, or variances.

E.

Examples:

1.

An applicant provides renderings of a proposed building, including, but not limited to, exterior finishes, colors, window size and placement. Section 12.3.E requires the shape, size and height of all buildings but does not require an elevation. The application is approved as a permitted use the applicant may not change the shape, size or height of the building except as otherwise described in this ordinance but may alter the exterior finish, color, window size and placement, and add or alter signage as allowed under the sign ordinance.

2.

Similar to example 1, except the application is for a planned unit development. As a condition of approval, the city commission finds that the building must have a brick exterior in order to be harmonious with the character of adjacent property and to maintain the essential character of the surrounding area, which are among the standards which must be satisfied to approve the application. The applicant must maintain a brick exterior in keeping with the condition of approval but may alter other aspects of the building exterior.

3.

Using example 2 above, site plan approved for the planned unit development shows site amenities such as benches, drinking fountains, and a bicycle rack as well as interior directional signage. The applicant wishes to remove one bench, change the design of the drinking fountain, move the bicycle rack to another location on the site, and construct a small storage building. Constructing a storage building requires a site plan amendment and the applicant must follow this process. The applicant may make the other changes so long as these individual changes do not violate the zoning ordinance or other applicable laws or regulations.

A.

The holder of an approved site plan shall notify the zoning administrator of any proposed change to the site plan.

B.

Proposed site plan changes associated with a permitted use, conditional use, nonconforming use, or property that is the subject of a variance shall be reviewed and processed by staff as described in this article and other relevant provisions of this ordinance.

C.

Proposed site plan changes associated with an approved special use permit, planned unit development, or hardship planned unit development may be approved only through amending the site plan through the filing and approval of a new zoning application under this ordinance, unless the zoning administrator determines the proposed site plan change may be reviewed and approved by staff as a site plan adjustment under the terms of this section.

D.

A site plan adjustment must be a minor change(s) which meets the standards of the zoning ordinance and other applicable ordinances and regulations; is in keeping with the basic concept of the approved site plan; and does not violate any specific conditions included as part of the original approval. Examples of potential site plan adjustments include, but are not limited to:

1.

Changes to building design that do not increase the overall area or height of the structure or the number of dwelling units, if part of the original approval;

2.

Addition, deletion or adjustment of signage if allowed by the sign ordinance;

3.

Addition, deletion or adjustment of lighting, fencing and/or screening, and trash or dumpster locations;

4.

Increase in or reconfiguration of open space or natural areas;

5.

Replacing plantings by similar types of landscaping on an equal or greater basis, if part of the original approval;

6.

Minor grade changes, after approval by the city engineer, if part of the original approved site plan;

7.

Improvements to or slight redesign, reconfiguration or relocation of utilities, walkways, traffic ways and parking areas; and

8.

Similar minor changes.

E.

The zoning administrator and/or designee will consult with appropriate staff members regarding the proposed changes and will review the proposal with the city manager and/or designee. Following this review, the zoning administrator and/or designee may authorize as a site plan adjustment any changes that are determined by staff to be a minor change to the approved site plan as defined in this section; are consistent with the intent of the original approval; and do not appear to have a greater adverse impact on public health, safety and welfare when compared to the original approval. Changes that do not meet the standards of this section may not be approved as a site plan adjustment. The zoning administrator's determination will be in writing and will include an explanation of the determination.

The zoning administrator will inform the applicant of the results of the review. If some but not all of the proposed changes are authorized as a site plan adjustment, the applicant shall, if it wishes to proceed with the authorized changes, within ten calendar days provide a new site plan incorporating only changes authorized as site plan adjustments. The zoning administrator's determination may be appealed as provided in Section 14.10.1.

Property that is the subject of site plan approval must be developed and used in strict compliance with the current approved site plan.

Once a project is completed which involves new or altered publicly owned streets or water, sanitary sewer or storm sewer mains, two sets of "as built" site plans showing the exact building footprints, driveways, parking areas, landscaping, utilities, sidewalks, bike paths and trails shall be signed and dated by the licensed professional who prepared them and delivered to the zoning administrator within one month of occupancy (for each phase of a project if multi-phased).

An appeal of a minor site plan decision made by the zoning administrator may be taken to the zoning board of appeals in the same manner as other administrative decisions. An appeal of a major site plan decision associated with a special use, PUD, or variance application may only be appealed to the circuit court as provided in the applicable article of this ordinance.