The zoning administrator, or such deputies, shall be appointed by the village council and designated to administer and enforce the provisions of this article.

(Ord. No. 2018.10-1, 10-1-2018)

The zoning administrator shall:

(a)

Review and rule upon the meaning and interpretation of all sections of the zoning ordinance.

(b)

Receive and review for completeness all applications for site plan review and special use permits which the planning commission are required to decide under this chapter and refer such applications to the planning commission and village council for determination.

(c)

Receive and review for completeness all applications for appeals, variances, or other matters which the zoning board of appeals is required to decide under this chapter and refer such applications to the zoning board of appeals for determination.

(d)

Receive and review for completeness all applications for amendments to this chapter and refer such applications to the planning commission and village council for determination.

(e)

Make periodic site inspections of the village to determine chapter compliance, and answer complaints on zoning ordinance violations.

(f)

Implement the decisions of the planning commission and village council.

(g)

Utilize the ASPR process wherever possible: To review and approve specific types of site plan applications and drawings, authorize minor changes, authorize specific change of permitted use, emergency changes, that prevent a hazard, issue certificates of zoning compliance, as is listed in section 6-45 in addition to any other ordinance required duties.

(Ord. No. 2018.10-1, 10-1-2018; Ord. No. 2022-12-05.002, § 2, 12-5-2022)

(a)

Applications for special land use permits authorized in this chapter shall be submitted to the zoning administrator on a form provided by the village. In addition to a complete application form, the applicant is required to submit a preliminary site plan prepared in accordance with section 6-45, site plan review.

(b)

The zoning administrator will review the materials submitted to ensure all information required by the ordinance has been provided. If the application is incomplete, the zoning administrator will send a notice within 14 days with a detailed list of deficiencies to the applicant. If the site plan, including all required additional or related information is determined to be complete, the zoning administrator shall cause the submittal to be placed on the agenda of the planning commission meeting as a public hearing.

(c)

Pursuant to the Michigan Planning Enabling Act of 2006, as amended, one notice that a request for special land use approval has been received, shall be published in at least one newspaper of general circulation within the village and sent by certified mail or personal delivery to the owners of the property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet. The notice shall be given not less than 15 days before the date the application will be considered.

(d)

The notice shall:

(1)

Describe the nature of the special land use request;

(2)

Indicate the property which is the subject of the special land use request;

(3)

State when and where the special land use request will be considered;

(4)

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

(5)

Indicate that a public hearing on the special land use request has been requested by a property owner or the occupant of a structure located within 300 feet of the boundary of the property being considered for a special use, and that a public hearing shall be held pursuant to notice as required in this paragraph before a decision is made on the request for a special land use.

(e)

After the public hearing, the planning commission may deny, approve, or approve with conditions a request for a special land use. The decision of the planning commission shall be incorporated in a statement of conclusions relative to the special land use under consideration. Any decision which denies a request or imposes conditions upon its approval shall specify the basis for the denial or the conditions imposed.

(f)

The planning commission may impose such additional conditions and safeguards deemed necessary for the general welfare, for the protection of individual property rights, and for insuring that the purposes of this chapter and the general spirit and purpose of the district in which the special use is proposed will be observed.

(g)

The planning commission shall review the proposed special use in terms of the standards stated within this chapter and shall establish that such use and the proposed location:

(1)

Will be harmonious and in accordance with the general objectives or any specific objectives of the master plan.

(2)

Will be designed, constructed, operated, and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the area.

(3)

Will not be hazardous or disturbing to existing uses or uses reasonably anticipated in the future.

(4)

Will be an improvement in relation to property in the immediate vicinity and to the village, as a whole.

(5)

Will be served adequately by essential public services and facilities or that the persons responsible for the establishment of the proposed use will provide adequately any such service or facility.

(6)

Will not create excessive additional public costs and will not be detrimental to the economic welfare of the village.

(7)

Will be consistent with the intent and purposes of this chapter.

(h)

Unless otherwise specified by the planning commission, any special land use permit granted under this section shall be null and void unless the development proposed shall have its first building inspection within one year from the date of the granting of the permit. The zoning administrator shall give notice by certified mail to the holder of a permit before voidance is declared. Said notice shall be mailed to the permit holder at the address indicated on said permit. Within 30 days of receipt of notice of voiding of the permit, the applicant shall have the right to request an extension of the permit from the planning commission, which may grant an extension thereof for good cause for a period not to exceed one year.

(i)

The zoning administrator may suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued erroneously due to incorrect information supplied by the applicant or his agent, and/or is in violation of any of the provisions of this chapter or of any other ordinances or regulations of the village.

(j)

No application for a special use permit which has been denied wholly or in part shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or change of conditions found to be sufficient to justify reconsideration by the planning commission.

(Ord. No. 2018.10-1, 10-1-2018)

(a)

A request to perform a site plan review.

(1)

All new business, commercial uses and/or industrial uses or an existing business, commercial use, or industrial use contemplating changing or adding a permitted use or special use shall complete the appropriate site plan review application (and any special use application if required by section 6-44), as determined by this chapter and submit that application for review and subsequently zoning approval before the use being contemplated: 1) occupancy of the structure for said use or 2) continued occupancy of the structure during said use.

(2)

All new proposed uses in R-1 Single-family, R-2 Single-family, R-3 multi-family zoning districts shall complete the appropriate site plan review application, as determined by this chapter, and submit that application for review and subsequently zoning approval before the use being contemplated: 1) occupancy of the structure for said use, 2) continued occupancy of the structure during said use or 3) construction of the structure being contemplated, whichever comes first.

(3)

All proposed additions to a structure or modification of a use in any zoning district must complete an appropriate site plan review application, as determined by this chapter, and subsequently receive zoning approval for the activity being contemplated prior to starting any construction or site preparation.

(4)

All zoning districts listed below (permitted uses and special use) shall comply with the requirements imposed by the Village of Stockbridge zoning ordinance district regulations in sections 6-66, 6-70, and 6-71 and site plan review process in section 6-45. No grading, removal of trees or other vegetation, landfilling or construction or improvements shall commence for any activity which requires site plan approval until a final site plan is approved and is in effect, except as otherwise provided in this article.

a.

R-1 - Single Family residential district

b.

R-2- Single Family suburban district

c.

R-3 - Multi-Family district

d.

CBD - Central Business district

e.

C-2 - General Commercial district

f.

C-3 - Highway Commercial district

g.

M-1 - Light Commercial district

h.

PUD - Public Districts

i.

OSC - Open Space Conservation

(b)

Applicable to all zoning districts.

(1)

An applicant must submit the appropriate below listed site plan application and receive all necessary approvals prior to moving into a structure, the issuance of building permits, commencement of construction of a) a new structure, b) an addition, alteration, expansion, c) any change of use authorized by right, d) any change of use authorized by a special use permit, e) expansion or reduction of floor area, f) demolition, or g) change of height to an existing structure.

a.

Type 1: Site plan application is required for: Occupancy of a structure with a permitted use requiring no structural changes or used for application to construct a new single-family dwelling and any building or structure accessory thereto.

b.

Type 2: Site plan application is required for: Occupancy of a structure with a permitted use requiring minor changes to an existing structure, as defined by this chapter.

c.

Type 3: Site plan application is required for: Occupancy of a structure with a permitted use by right requiring major changes to an existing structure, as defined by this chapter.

d.

Type 4: Site plan application is required for: Occupancy of a structure with a permitted use requiring construction of a new commercial structure.

Note #1: Permitted use of single-family dwelling and any building or structure accessory thereto is to be reviewed by the zoning administrator for compliance with all zoning requirements. The zoning administrator will approve or not approve the applications.

Note #2: R-1. Residential district - A single-family home in the R-1 zoning district, that is not located in a new subdivision that has already completed a site plan review must complete a Type 1 site plan review application.

Note #3: Applicant must complete the Type 1 form that documents applicant having reviewed the villages zoning ordinance assuring compliance with other code requirements applicable to R-1: driveway requirements, setbacks, connection of utilities to village provided services as required by section 6-69, section 6-70, section 6-71, section 6-141, section 6-262, article VII, section 6-261, appendix A - rates and charges and any other applicable section of the zoning ordinance, water ordinance or sewer ordinance.

(c)

Applicant site plan review process.

(1)

Type 1 ASPR site plan review process.

a.

Type 1 ASPR site plan review shall be applied to all purposes and permitted uses within all zoning districts and is applicable existing to all structures provided changes will not be made to: exterior walls; interior walls/rooms; accessory and/or subordinate buildings; and grounds, and does not require adding height to structure, additional means of access thereto from adjoining public roads or highways, storm sewer work or detention ponds, parking, REU's, change in use and complies with all other applicable zoning ordinances requirements.

b.

The zoning administrator reviews the application for site plan review for compliance with section 6-45 filing requirements and confers with the planning commission chair as required.

c.

The zoning administrator reviews application to assure compliance with requirements of section 6-45 and any other applicable ordinance and issues a certificate of zoning compliance or if not satisfied:

1.

The zoning administrator determines the application does not qualify as a Type 1 ASPR site plan and issues a written opinion as to either 1) what type of site plan is required and why or 2) what deficiencies exist with the existing site plan submission that must be corrected before approval can be considered.

d.

The applicant may appeal the zoning administrator decision of subsection (c)(1)d.1. of this section, to the zoning board of appeals.

e.

The applicant may resubmit or amend application in accordance with the zoning administrator decision of subsection (c)(1)d.1. of this section, and pay any additional filling fees, if required.

f.

If an amended site plan is resubmitted in accordance with this chapter that purports to correct issues in a report submitted under subsection (c)(1)d.1. of this section, the zoning administrator shall review for compliance and issues a certificate of zoning compliance in compliance with ordinance, if appropriate, or issue a new report under subsection (c)(1)d.1. of this section.

g.

An application approved by the zoning administrator, pursuant to the ASPR process, shall be considered to have site plan approval, subject to penalties and actions that may be taken as described elsewhere in this chapter for a modification requests, failure to complete the project in accordance with the approved site plan, or exceed the expiration limits of the site plan approval.

h.

Approval of a Type I ASPR site plan by the zoning administrator shall expire and be of no effect one year following the date of approval, unless: 1) the use approved is in effect or a 2) an extension is authorized by planning commission in writing before the one-year deadline expires.

(2)

The zoning administrator reviews the application and site plan for compliance with sections 6-45 and 6-76 filing requirements and confers with the planning commission chair as required.

a.

Type 2 ASPR site plan review is applicable to all permitted uses within zoning districts and is intended for existing structures provided only minor (see definitions in of minor change in section 6-5) changes will be made to: exterior walls, interior walls/rooms; accessory and/or subordinate buildings; and grounds, and do not require adding height to structures, additional means of ingress/egress, or addition of barrier free required ramps to the structures, adjoining public roads or highways, storm sewer work or detention ponds, require additional parking, additional REU's, results change in use and complies with all other applicable zoning ordinances requirements.

b.

The zoning administrator reviews the application and site plan for compliance with section 6-45 filing requirements and confers with the planning commission chair as required.

c.

The zoning administrator reviews the application to assure compliance with requirements of section 6-45 and any other applicable ordinance or:

1.

The zoning administrator determines the application does not qualify as a Type 2 ASPR site plan and issues a written opinion as to either 1) what type of site plan is required and why or 2) what deficiencies exist with the existing site plan submission that must be corrected before approval can be considered.

d.

The applicant may appeal the zoning administrator decision to the zoning board of appeals.

e.

The applicant may resubmit and amended application in accordance with the zoning administrator decision under subsection (c)(2)c.1. of this section, and pays any additional site plan fees, if required.

f.

If an amended site plan is resubmitted in accordance with this chapter that purports to correct issues in a report submitted under subsection (c)(2)c.1. of this section, the zoning administrator shall review for compliance and issues a certificate of zoning compliance in compliance with ordinance, if appropriate, or issue a new report under subsection (c)(2)c.1. of this section.

g.

A project approved by the zoning administrator pursuant to the ASPR process shall be considered to have site plan approval, subject to penalties and actions that may be taken as described elsewhere in this chapter for a modification requests, failure to complete the project in accordance with the approved site plan, or exceed the expiration limits of approval.

h.

Approval of a Type 2 ASPR site plan by the zoning administrator shall expire and be of no effect on the earlier of 1) one year following the date of approval unless substantial construction has begun on the property in conformance with the approved site plan or 2) 180 days following the date of approval unless a building permit shall have been issued by the appropriate building official, if required.

i.

Four sets of plans and drawing on 11 inches by 17 inches paper shall be submitted with application. However, if authorized by zoning administrator, in writing, electronic copies of plans and drawings maybe submitted.

(3)

Type 3 site plan review.

a.

Type 3 site plan review is applicable to existing structures where major changes are required (see definitions of major change in section 6-5) to permitted authorized use of right within all zoning districts, permitted major changes allowed for Type 3 site plan review are changes made to: exterior walls; interior wall/rooms; accessory and/or subordinate buildings; adding additional height to structure, requiring the purchase of additional REU's, providing said major changes result in a permitted approved authorized use in the applicable zoning district and complies with all other applicable zoning ordinances requirements. Major changes that are not permitted are providing additional access to adjoining public roads or highways, providing additional access to building/structure, additional parking, or additional access to parking lot changes to building site/grounds.

b.

The zoning administrator reviews the application and site plan for compliance with section 6-45 and confers with the planning commission chair as required.

c.

The zoning administrator determines application complies with Type 3 site plan review requirements use and any other applicable ordinance or:

1.

The zoning administrator determines the application does not qualify as a Type 3 site plan and issues a written opinion as to either 1) what type of site plan is required and why or 2) what deficiencies exist with the existing site plan submission that must be corrected before approval can be considered.

2.

The zoning administrator forwards complete application to planning commission for review and approval or nonapproval.

d.

Planning commission may schedule a public hearing in conformance with both the Open Meeting Act and the Zoning Enabling Act anytime there is a change to the exterior of the building or grounds. The planning commission holds public hearing reviews both applications and submittals for major alteration/ modifications for conformance with applicable zoning ordinance requirements.

1.

Planning commission approves or denies application in whole or in part with conditions or denies application.

2.

If the planning commission denies the application the applicant may appeal the planning commission decision to the circuit court.

e.

No application which has been denied wholly or in part shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or change of conditions found to be sufficient to justify reconsideration by the planning commission.

f.

The applicant may resubmit an amended application in accordance with the zoning administrator or planning commission direction and pay any additional filling fees, if required.

g.

An applicant approved by the planning commission pursuant to the Type 3 process shall be considered to have site plan approval, subject to penalties and actions that may be taken as described elsewhere in this chapter for a modification request, failure to complete the project in accordance with the approved site plan or exceed the expiration limits of approval.

h.

The zoning administrator will issue zoning compliance certificate if site plan was approved by planning commission.

i.

Type 3 site plan approval by the planning commission shall expire and be of no effect on the earlier of 1) one year following the date of approval unless substantial construction has begun on the property in conformance with the approved site plan or 2) 180 days following the date of approval unless a building permit shall have been taken issued by the appropriate building official, if required.

j.

Applicant shall provide six copy sets of folded sealed drawings, sealed drawings in electronic pdf format, along with one original sealed drawing to the village clerk. The sheet size of drawings shall be at least 24 inches by 36 inches with the plans drawn to a scale of no greater than one inch = 50 feet for property less than three acres, or no greater than one inch = 100 feet for property three acres or more.

(4)

Type 4 site plan review process.

a.

Type 4 site plan review is intended for:

1.

All new construction of a facility, structure or development.

2.

All proposed change of use of right.

3.

Facilitate occupancy requirements by performing a full site plan review in conjunction with fulfilling the requirements imposed by section 6-45 and ensure compliance with all other applicable zoning ordinances requirements.

4.

The applicant may, at his or her discretion, divide the proposed development into two or more phases. In such case, the site plan shall cover the entire property involved and shall clearly indicate the location, the size, and character of each phase.

5.

All proposed changes of use that require a special use approval.

b.

It is strongly recommended that applicant submit only three sets of nonsealed prints for an informal preliminary review by planning commission and zoning administrator prior to submittal of a complete Type 4 site plan application.

c.

The zoning administrator reviews the application and site plan for compliance with section 6-45 and confers with the planning commission chair as required and:

1.

The zoning administrator determines the application does not qualify as a Type 4 site plan and issues a written opinion as to either 1) what type of site plan is required and why or 2) what deficiencies exist with the existing site plan submission that must be corrected before approval can be considered.

2.

The zoning administrator determines the application follows site plan review requirement of section 6-45 and section 6-44 regarding special land use and any other applicable ordinance and the zoning administrator forwards complete application to planning commission for review and approval or non-approval.

d.

After the review process spelled out in subsection (c)(4)c. of this section, the applicant may resubmit an amended application in accordance with the zoning administrator or planning commission's direction and pay any additional filling fees, if required. However, resubmission of any accompanying special land use permit applications are governed by subsection 6-44(j).

e.

No application which has been denied wholly or in part shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or change of conditions found to be sufficient to justify reconsideration by the planning commission.

f.

A site plan project approved by the planning commission pursuant to the Type 4 process shall be considered to have site plan approval, subject to penalties and actions that may be taken as described elsewhere in this chapter for a modification request, failure to complete the project in accordance with the approved site plan, or exceed the expiration limits of approval, per (c)(4)h. of this section.

1.

If the planning commission denies the application the applicant may appeal the planning commission decision to the circuit court.

g.

The applicant may resubmit an amended application in accordance with the zoning administrator or planning commission direction and pay any additional filing fees, if required.

h.

Approval of a Type 4 site plan approval by the planning commission shall expire and be of no effect on the earlier of 1) one year following the date of approval unless substantial construction has begun on the property in conformance with the approved site plan or 2) 180 days following the date of approval unless a building permit shall have been taken issued by the appropriate building official, if required.

i.

Applicant shall provide six copy sets of folded sealed drawings, sealed drawings in electronic pdf format, along with one original sealed drawing to the village clerk. The sheet size of drawings shall be at least 24 inches by 36 inches with the plans drawn to a scale of no greater than one inch = 50 feet for property less than three acres, or no greater than one inch = 100 feet for property three acres or more.

j.

Type 4 site plan approval is not a replacement for the special use permit approval process under section 6-44. The applicant is required to also apply for and receive a special land use permit, but the Type 4 site plan review process and the special land use review process may proceed simultaneously before the planning commission and the village council, as necessary.

(d)

Planning commission duties under the site plan review process for Type 3 and 4 site plans.

(1)

Planning commission review:

a.

Planning commission review and approval of site plans shall be required for all site plans, that involve a request for a major alteration, variance, a special land use, or new construction a proposal that involves a discretionary decision or a proposal that involves a nonconforming use or structure, which are generally Type 3 and Type 4 site plans.

b.

Planning commission shall schedule a public hearing in conformance with Open Meeting Act and the Zoning Enabling Act, plus the requirements of section 6-44, if the applicable special land use permit application has also been filed. The planning commission may hold a joint public hearing to reviews both a site plan applications with submittals for major alteration/modifications along with any special land use applications for conformance with applicable zoning ordinance requirements.

1.

Planning commission approves or denies site plan application in whole or in part with conditions or denies application.

2.

The special land use approval or denial process is contained in section 6-44.

3.

If the planning commission denies the application the applicant may appeal the planning commission decision to the circuit court.

c.

The planning commission shall approve with conditions or deny the site plan within 60 days of the date of the planning commission's public hearing meeting at which the site plan is first presented for approval. The time limit may be extended upon a written request by the applicant and approved by the planning commission. The planning commission may suggest and/or require modifications in the proposed site plan as are needed to gain approval. All engineering drawings and plans shall be reviewed by the village engineer, DPW, and fire chief, attorney, and any other professionals deemed necessary before a site plan may be approved by the planning commission. Failure of the planning commission to affirmatively approve a site plan within the above 60-day deadline is deemed a rejection.

d.

A project approved by the planning commission pursuant to the site plan review process shall be considered to have site plan approval, subject to penalties and actions that may be taken as described elsewhere in this chapter for a modification request, failure to complete the project or exceed the expiration limits of approval.

1.

Approval of a site plan authorizes issuance of a building permit or, in the case of uses without buildings or structures, issuance of a certificate of zoning compliance.

e.

Approval of a site plan by the planning commission shall expire and be of no effect on the earlier of 1) One year following the date of approval unless substantial construction has begun on the property in conformance with the approved site plan or 2) 180 days following the date of approval unless a building permit shall have been taken issued by the appropriate building official, if required.

(e)

Zoning administrator duties under the site plan review process.

(1)

The zoning administrator utilizing the ASPR process shall have the authority to make final determinations and issue land use certificates for Type 1 and Type 2 ASPR site plans, without having to forward application to planning commission.

(2)

The zoning administrator reviews the application and site plan for compliance with section 6-45 and confers with the planning commission chair as required.

a.

The zoning administrator determines application follows requirements of section 6-45 and any other applicable village ordinance for Type 1 or Type 2 ASPR site plan being requested and if so, issues a certificate of zoning compliance, without planning commission overview.

b.

The zoning administrator determines the application does not qualify for a Type 1 or Type 2 ASPR site plan and issues a written opinion as to either 1) what type of site plan is required and why or 2) what deficiencies exist with the existing site plan submission that must be corrected before approval can be considered.

(3)

The zoning administrator reviews Type-3 and Type-4 site plans that have been reviewed and found in conformance with sections 6-44, 6-45, and 6-76 and other ordinances or state law to planning commission for review and appropriate action.

(4)

A Type 1 or Type 2 ASPR site plan approved by the zoning administrator shall be considered to have site plan approval, subject to penalties and actions that may be taken as described elsewhere in this chapter for a modification request, failure to complete the project in accordance with the approved site plan or exceed the expiration limits of approval.

(5)

The applicant may resubmit and amended application for site plan approval in accordance with the zoning administrator or planning commission direction and pay any additional fees if required.

(6)

Approval of a Type 1 or Type 2 ASRP site plan by the zoning administrator shall expire and be of no effect on the earlier of 1) one year following the date of approval unless substantial construction has begun on the property in conformance with the approved site plan or 2) 180 days following the date of approval unless a building permit shall have been taken issued by the appropriate building official, if required.

(7)

Applicant shall provide drawing as specified or requested by zoning administrator or planning commission in applicable type of site plan.

(8)

Property which is subject to site plan approval must be developed in strict conformity with the approved site plan for that property. Any site plan modifications approved by the planning commission or zoning administrator and variances granted by the zoning board of appeals must also conform in accordance with this chapter.

(9)

The certificate of land use approval shall regulate development of the property and any violation of this article, including any improvement not in conformance with the approved certification shall be deemed a violation of this chapter as provided in article 26, and shall be subject to all penalties therein.

(f)

Building inspector duties under site plan review process.

(1)

The building inspector shall notify the zoning administrator, in writing, when a development for which a site plan is approved has passed building inspection, so that the zoning administrator can confirm compliance with the approved final site plan. The building inspector shall notify the zoning administrator, in writing, of any development for which a final site plan was approved, which does not pass building inspection and shall advise the zoning administrator of steps taken to achieve compliance. In such case, the building inspector shall periodically notify the zoning administrator of progress towards compliance with the approved building permit and when compliance is achieved.

(2)

Inspection.

a.

In addition to the zoning administrator inspection, the building inspector shall be responsible for inspecting all improvements for conformance with the approved site plan. All subgrade improvements such as utilities, sub-base installations for drives and parking lots, and similar improvements shall be inspected and approved prior to covering. The applicant shall be responsible for requesting the necessary installation.

b.

Building inspector shall notify the zoning administrator, in writing, when a development for which a site plan is approved has passed inspection with respect to the approved final site plan. The building inspector shall notify the zoning administrator, in writing, of any development for which a final site plan was approved, which does not pass inspection with respect to the approved final site plan and shall advise the zoning administrator of steps taken to achieve compliance. In such case, the building inspector shall periodically notify the zoning administrator of progress towards compliance with the approved final site plan and when compliance is achieved.

(g)

Requirements for reviewing site plan application generally.

(1)

In reviewing the site plans the planning commission chair, planning commission, zoning administrator, the village engineer, the village attorney, and other interested professionals shall determine whether the applicable site plan application meets the following specifications and standards:

a.

The plan conforms to all zoning ordinance regulations and other applicable village ordinances and regulations.

b.

All required information is provided.

c.

The proposed use will not be injurious to the surrounding neighborhood and protects the general health, safety, welfare, and character of the village.

d.

There is a proper relationship between major thoroughfares and proposed service drives, driveways, and parking areas. Proper access to all portions of the site and all sides of any structure is provided. All structures or groups of structures shall be so arranged as to permit emergency vehicle access by some practical means to all sides.

e.

The location of buildings is such that the adverse effects of such uses will be minimized for the occupants of that use and surrounding areas.

f.

Natural resources will be preserved to the maximum extent possible in the site design by developing in a manner which will not detrimentally affect or destroy natural features such as lakes, ponds, streams, wetlands, steep slopes, soils, groundwater, and woodlands.

g.

Stormwater management systems and facilities will preserve the natural drainage characteristics and enhance the aesthetics of the site to the maximum extent possible and will not substantially reduce or increase the natural retention or storage capacity of any wetland, water body or water course, or cause alterations which could increase flooding or water pollution on or off site.

h.

Wastewater treatment systems, including on-site septic systems, will be located to minimize any potential degradation of surface water or groundwater quality and meet county and state standards.

i.

Sites which include storage of hazardous materials or waste, fuels, salt, or chemicals will be designed to prevent spills and discharges of polluting materials to the surface of the ground, groundwater, or nearby water bodies in accordance with county and state standards.

j.

Landscaping, including grass, trees, shrubs, and other vegetation is provided to maintain the aesthetic quality of the site and area.

k.

The proposed use complies with all village ordinances and any other applicable laws.

l.

There are adequate service to site for potable water and sanitary sewer and site has the appropriate number of REU's.

m.

Ingham County Drain Commissioner approves any stormwater management.

(h)

Required information on a site plan application.

(1)

List of information required. On all application for certification:

a.

Project name/business name.

b.

Address of property/structure.

c.

Existing zoning of property.

d.

Description of what type of business or function property will be used for example: R-1 Single-family residence, golf course, farmers market etc. (Provide sufficient detail to allow determination of proper zoning use and district.)

e.

Flours of operation.

f.

Name of legal owner of property, address, and phone number.

g.

Name of developer/owner business address and phone number.

h.

Property legal description required for Type 3 and Type 4 site plan review applications.

i.

Tax id number of properties.

j.

Gross square footage.

k.

Usable square footage.

l.

Number of employees, number of shifts, and working hours of each shift.

m.

Engineer/contractor or architect name and phone number.

n.

Numbers of residential equivalent units. (REU's). Except for R-1 single-family residence.

o.

Number of existing parking spaces.

p.

Number of required parking spaces.

q.

Signs size width and height and location(s).

r.

Other information that may be required by zoning administrator. Application fees.

s.

Total fees collected.

t.

Applicants: signature.

u.

Date.

v.

Official action taken.

w.

Village office date received.

x.

Date sent to zoning administrator date.

y.

Date application received.

z.

Zoning administrator approval/rejection date.

aa.

Planning commission approval/rejection.

ab.

Date sent to planning commission if applicable.

ac.

Date public hearing set if applicable.

ad.

Planning commission approval/rejection.

ae.

Village clerk certifies all fees paid.

(i)

Table 8 list information that is required on respective site plan drawings as required.

(1)

Corresponding check sheets that will assist applicant in assuring all information required on site plan drawings are in section 6-45, site plan compliance manual.

(2)

Manual will be provided to applicant with receipt of application fee.

(3)

Number of and size of site plan drawings that must be provided with application and completed are provided within site plan manual for each type of site plan review.

Table 8
(The below check sheet provides list of information required on respective type of site plan drawings.)

(j)

Amendments to an approved site plans.

(1)

It shall be the responsibility of the applicant to notify the zoning administrator of any changes to an approved site plan, prior to such change being made by the applicant. Any proposed changes which would result in a material alteration of the approved site plan are subject to the ASPR process and may require resubmittal to the planning commission or the zoning administrator. The planning commission or zoning administrator may require the applicant to correct the changes made without authorization to conform to the approved site plan.

(2)

The zoning administrator has the authority to approve a minor amendment to site plan to Type 1, Type 2, Type 3, or Type 4 site plans. However, the zoning administrator may determine (even though proposed amendment to site plan is minor) to send the proposed amendment to planning commission for final approval or rejection, as deemed necessary.

(3)

The zoning administrator may approve major or minor amendments to approved Type 1 or Type 2 ASPR site plans without planning commission oversight, provided the amendments do not alter the initial determination by the zoning administrator as to the appropriateness of the original site plan type. However, the zoning administrator shall immediately report said decision to the planning commission chair, the project manager, and the building inspector.

(4)

All request for major modifications to and approved Type 3 or Type 4 ASPR site plan shall be referred to the planning commission for resolution. The zoning administrator may approve a major or minor change to a Type 1 or Type 2 ASPR site plan, provide the change does not modify the initial classification of the site plan type, as determined by the sole discretion of the zoning administrator.

(5)

The zoning administrator may approve a minor amendment to a Type 3 or Type 4 ASPR site plan, without planning commission approval. However, the zoning administrator shall immediately report said decision to the planning commission chair, the project manager, and the building inspector.

(6)

The planning commission shall approve or deny requested amendment at the next regular scheduled planning commission meeting. The applicant can request the scheduling of a special planning commission meeting but shall be responsible for all cost associated with the request.

(7)

If a requested amendment to an approved site plan results in additional funding being required, no decision shall be issued by the zoning administrator or planning commission unless additional funds are approved in advance for said proposed change results in additional funding for the project.

(8)

For purposes of record. All amendments shall be shown in the approved final site plan by way of the applicant submitting a revised final site plan drawing(s) showing such minor/major changes. This is required to establish an official record of the amendment.

(k)

Significance of final site plan approval. A project approved by the zoning administrator or planning commission authorizes issuance of a building permit subject to compliance with all applicable construction codes or issuance of zoning compliance certificate subject to penalties and actions that may be taken as described elsewhere in this chapter for a modification request, failure to complete the project exceeds the expiration limits of approval or acts outside of the approved site plan.

(l)

Expiration of final site plan approval. Any Type 1, Type 2, Type 3 or Type 4 ASRP site plan approved by either the planning commission or the zoning administrator, as required above, shall expire and be of no effect on the earlier of 1) one year following the date of approval unless substantial construction has begun on the property in conformance with the approved site plan or 2) 180 days following the date of approval unless a building permit shall have been taken issued by the appropriate building official, if required.

(m)

Violations. The approved site plan shall regulate development of the property and any violation of this article, including any improvement not in conformance of the approved final site plan, shall be deemed a violation of this chapter as provided in article 26, and shall be subject to all penalties therein.

(n)

Variance request and site plan approval. Request for variance to zoning board of appeals from the provisions of this chapter, shall be handled as outlined in section 6-310 of this zoning ordinance.

(o)

Special land use applications and site plan approval.

(1)

Where a site plan approval is conditional upon approval of a special land use application. The applicant shall apply for special land use permit as required by section 6-44 of this chapter.

(2)

The planning commission may proceed with the section 6-45, site plan approval process in conjunction with the completing of the section 6-44, special use application review and approval process.

(p)

Site plan fees and escrow policy. The village shall establish all site plan review fees and any fee escrow policy in the rates resolution.

(Ord. No. 2022-12-05.002, § 3, 12-5-2022; Ord. No. 2023-08-008, § 1, 8-7-2023; Ord. No. 2024-04-001.003, § 2,3, 4-1-2024)

Editor's note— Ord. No. 2022-12-05.002, § 3, adopted Dec. 5, 2022, amended § 6-45 in its entirety to read as herein set out. Former § 6-45, pertained to site plan review procedures, and derived from Ord. No. 2018.10-1, adopted Oct. 1, 2018.

(a)

Intent. Pursuant to the authority conferred by section 141 of the Condominium Act (Act 59, Public Acts of 1978, as amended), site plans shall be regulated by the provisions of this chapter and subject to the review by the planning commission.

(b)

General requirements.

(1)

Each condominium lot shall be located within a zoning district that permits the proposed use.

(2)

Each condominium lot shall front on and have direct access to a public street approved by the village.

(3)

Each condominium lot shall be considered equivalent to a single lot and shall comply with all regulations of the zoning district in which located, and the provisions of any other statutes, laws, ordinances, and/or regulations applicable to lots in subdivisions.

(4)

In the case of a site condominium containing single-family detached dwelling units, not more than one dwelling unit shall be located on a condominium lot, nor shall a dwelling unit be located on a condominium lot with any other principal structure or use except in a planned unit development (PUD) district. Required yards shall be measured from the boundaries of a condominium lot.

(c)

Site plan approval requirements. Approval of the site plan and condominium documents by the planning commission shall be required as a condition to the right to construct, expand or convert a site condominium project. No permits for erosion control, building construction, grading, or installation of public water or sanitary sewerage facilities shall be issued for property in a site condominium development until a site plan has been approved by the planning commission and is in effect.

(1)

Approval.

a.

The applicant shall submit a site plan pursuant to the standards and procedures set forth in section 6-45. In addition to the site plan, the condominium documents shall be submitted to the village for the review by the village attorney and other appropriate staff and consultants. The condominium documents shall be reviewed with respect to all matters subject to regulation by the village including, without limitation: ongoing preservation and maintenance of drainage, retention, wetland and other natural and/or common area; maintenance of private roads, if any; and maintenance of stormwater, sanitary, and water facilities and utilities.

b.

The applicant shall also submit engineering plans in sufficient detail for the village, to determine compliance with applicable laws, ordinances and design standards for construction of the project. The village shall submit engineering plans to the village engineer for review.

c.

Upon completion of the review of the condominium documents and engineering plans and receipt of the recommendations and findings from the village attorney, engineer and planner, the site plan shall be submitted to the planning commission for review.

d.

If the site plan, condominium documents and/or engineering plans conform in all respects to applicable laws, ordinances and design standards, final approval shall be granted by the planning commission.

e.

If the site plan, condominium documents and/or engineering plans fail to conform, approval shall be denied by the planning commission.

f.

In the interest of insuring compliance with this article and protecting the health, safety and welfare of the residents of the village, the planning commission, as a condition of final approval of the site plan, shall require the applicant to deposit a performance guarantee as set forth in section 6-48 for the completion of improvements associated with the proposed use.

(d)

Required improvements.

(1)

All design standards and required improvements that apply to a subdivision, under the subdivision regulations adopted by the planning commission, shall apply to any condominium development.

(2)

Each condominium unit shall be connected to the village water, sanitary and storm sewers. Utility standards stated in chapter 22, water service, and chapter 23, sewer service, shall apply to all condominium units. Furthermore, the utility provisions stated in chapter 52, subdivision regulations, shall apply to all condominium units proposed for location on property which is not subdivided and recorded, or property which is to be further subdivided. Each individual condominium unit shall be considered a residential equivalent unit as defined in chapters 22 and 23.

(3)

Monuments shall be set at all boundary corners and deflection points and at all road right-of-way intersection corners and deflection points. Lot irons shall be set at all condominium lot corners and deflection points of condominium lot lines.

The village may grant a delay in the setting of required monuments or irons for a reasonable time, but not to exceed one year, on condition that the developer deposit with the village clerk cash, a certified check, or an irrevocable bank letter of credit running to the village, whichever the developer selects, in an amount as determined from time to time by resolution of the village council. Such deposit shall be returned to the developer upon receipt of a certificate by a surveyor registered in the State of Michigan that the monuments and irons have been set as required, within the time specified. If the developer defaults, the village council shall promptly require a registered surveyor to set the monuments and irons in the ground as shown on the condominium site plans, at a cost not-to-exceed the amount of the security deposit.

(4)

Road rights-of-way shall be described separately from individual condominium lots and shall be accurately delineated by bearings and distances on the condominium subdivision plan and the final site plan. The right-of-way shall be for roadway purposes and for the purposes of locating, installing, maintaining, and replacing of public utilities. The developer shall declare easements to the village for all public water and sanitary sewer lines and appurtenances.

(5)

All improvements in a site condominium shall comply with the design specifications as adopted by the village council and any amendments thereto.

(e)

Information required prior to occupancy. Prior to the issuance of occupancy permits for any condominium units, the applicant shall submit the following to the zoning administrator:

(1)

A copy of the recorded condominium documents (including exhibits).

(2)

A copy of any recorded restrictive covenants.

(3)

A copy of the site plan on laminated photostatic copy or mylar sheet.

(4)

Evidence of completion of improvements associated with the proposed use including two copies of an "as-built survey."

(f)

Revision of site condominium plan. If the site condominium subdivision plan is revised, the final site plan shall be revised accordingly and submitted for review and approval or denial by the planning commission before any building permit may be issued, where such permit is required.

(g)

Amendment of condominium documents. Any amendment to a master deed or bylaws that affects the approved preliminary or final site plan, or any conditions of approval of a preliminary or final site plan, shall be reviewed and approved by the village attorney and planning commission before any building permit may be issued, where such permit is required. The planning commission may require its review of an amended site plan if, in its opinion, such changes in the master deed or bylaws require corresponding changes in the site plan.

(h)

Relocation of boundaries. Relocation of boundaries between adjoining condominium units, if permitted in the condominium documents, as provided in section 48 of the Condominium Act (Act 59, Public Acts of 1978, as amended), shall comply with all regulations of the zoning district in which located and shall be approved by the zoning inspector. These requirements shall be made a part of the bylaws and recorded as part of the master deed.

(i)

Subdivision of condominium lot. Each condominium lot that results from a subdivision of another condominium lot, if such subdivision is permitted by the condominium documents, as provided in section 49 of the Condominium Act (Act 59, Public Acts of 1978, as amended), shall comply with all regulations of the zoning district in which located, and shall be approved by the zoning inspector. These requirements shall be made a part of the condominium bylaws and recorded as part of the master deed.

(Ord. No. 2018.10-1, 10-1-2018)

From time to time, the village council and/or planning commission may employ planning, engineering, legal, traffic or other special consultants to assist in the review of special use permits, site plans, rezonings or other matters related to the planning and development of the village. The cost of such services shall be the responsibility of the applicant, by placing money in an escrow account.

(Ord. No. 2018.10-1, 10-1-2018)

In the interest of insuring compliance with the zoning ordinance provisions, protecting the natural resources and the health, safety, and welfare of the residents of the village and future users or inhabitants of an area for which a site plan for a proposed use has been submitted, the planning commission shall require the applicant to deposit a performance guarantee as set forth herein. The purpose of the performance guarantee is to insure completion of improvements connected with the proposed use as required by this chapter, including, but not limited to, streets, lighting, utilities, sidewalks, drainage, fences, screens, walls, and landscaping.

(a)

Performance guarantee as used herein shall mean a cash deposit, certified check, irrevocable bank letter of credit or corporate surety bond in the amount of the estimated cost of the improvements to be made as determined by the applicant and verified by the village. The village shall be authorized to employ the village engineering consultant to review cost estimates and conduct periodic inspection of the progress of improvements.

(b)

Where the planning commission requires a performance guarantee, said performance guarantee shall be deposited with the village prior to the issuance of a building permit for the development and use of the land. Upon the deposit of the performance guarantee the village shall issue the appropriate building permit.

(c)

The approval shall also prescribe the period of time within which the improvements for which the performance guarantee has been required are to be completed. The period will begin from the date of the issuance of the building permit.

(d)

The zoning administrator, upon the written request of the applicant, shall rebate portions of the performance guarantee upon determination that the improvements for which the rebate has been requested have been satisfactorily completed. The portion of the performance guarantee to be rebated shall be in the same amount as stated in the itemized cost estimate for the applicable improvement.

(e)

Upon the satisfactory completion, as determined by the village, of the improvement for which the performance guarantee was required, the village shall return to the applicant the performance guarantee deposited and any interest earned thereon. However, the village is not required to deposit the performance guarantee in an interest-bearing account.

(f)

In the event the applicant defaults in making the improvements for which the performance guarantee was required within the time period established by the village, the village shall have the right to use the performance guarantee deposited and any interest earned thereon to complete the improvements through contract or otherwise, including specifically, the right to enter upon the subject property to make the improvements.

If the performance guarantee is not sufficient to allow the village to complete the improvements, the applicant shall be required to pay the village any of the additional costs of completing the improvements. Should the village use the performance guarantee, or a portion thereof, to complete the required improvements, any amounts remaining after said completion shall be applied first to the village's administrative costs including, without limitation, attorney fees, planning consultant fees, and engineering consultant fees in completing the improvement with any balance remaining being refunded to the applicant.

If the applicant has been required to post a performance guarantee or bond with another governmental agency other than the village to insure completion of an improvement the applicant shall not be required to deposit with the village a performance guarantee for that specific improvement. At the time the performance guarantee is deposited with the village and prior to the issuance of a building permit, the applicant shall enter an agreement incorporating the provisions hereof with the village regarding the performance guarantee.

(Ord. No. 2018.10-1, 10-1-2018)

The village council shall establish a schedule of fees, charges, and expenses, and a collection procedure, for building permits, certificates of occupancy, appeals, and other matters pertaining to the chapter. The village shall have the authority to include fees for the use of engineering, planning, legal or other special consultants. The schedule of fees shall be posted in the village offices and may be altered or amended only by the village council. No permit, certificate, special use on approval, or variance shall be issued unless or until such costs, charges, fees, or expenses have been paid in full, nor shall any action be taken on proceedings before the board of appeals, unless or until preliminary charges and fees have been paid in full.

(Ord. No. 2018.10-1, 10-1-2018)

(a)

Any person, partnership, LLC, corporation, association or other entity who creates or maintains a nuisance per se or who violates or fails to comply with this chapter or any permit issued pursuant to this chapter shall be responsible for a municipal civil infraction and shall be subject to a fine of $250.00. Every day that such violation continues constitutes a separate and distinct offense under the provisions of this chapter. The imposition of any sentence shall not exempt the offender from compliance with the requirements of this chapter.

(b)

The zoning administrator shall have the responsibility to investigate each alleged violation and shall have the right to inspect any property for which a zoning permit has been issued to the ensure compliance with the plans and conditions of the zoning permit or approved site plan.

(c)

The zoning administrator is hereby designated as the authorized official to issue municipal civil infraction citations directing alleged violators of this chapter to appear in court. The council may also designate from time to time other officials to issue municipal infraction citations on behalf of the village in connection with alleged violations of this chapter.

(d)

In addition to or in lieu of enforcing this chapter, as a municipal civil infraction, the village may initiate proceedings in the any court of competent jurisdiction to abate, eliminate, or enjoin the nuisance per se or any other violation of this chapter.

(Ord. No. 2018.10-1, 10-1-2018)