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Swartz Creek City Zoning Code

ARTICLE 21

- SITE PLAN REVIEW18


Footnotes:
--- (18) ---

Editor's note— Ord. No. 440, § 10, adopted June 10, 2019, renumbered Art. 21 §§ 21.00—21.14 as Art. 14 §§ 14.00—14.14. Sections 1 and 8 of said ordinance repealed Art. 29, §§ 29.00—29.11, and enacted a new Art. 21 pertaining to similar subject matter, as set out herein. The former Art. 29 derived from Ord. No. 395, adopted August 15, 2006; Ord. No. 401, § 9, adopted May 11, 2009; and Ord. No. 410, § 2, adopted Mar. 25, 2013.

See editor's note at Art. 14 pertaining to renumbering the former Art. 21.


Section 21.00.- Intent and purpose.

The intent of this article is to establish the procedures and consistent standards for review and approval of site plans to ensure full compliance with the regulations in this ordinance and other applicable ordinances and state and federal regulations of development proposals. Site plan review standards are intended to encourage consultation and cooperation between the applicant and the city to balance the property owner's right to a reasonable rate of return on investment with the city's overall land use goals and desire to minimize adverse impacts on the investments of surrounding landowners. Therefore, these site plan review standards ensure a thorough evaluation of a development in relation to the goals of the City of Swartz Creek Master Plan and the potential impacts on the environment, drainage, utilities, traffic, aesthetics, property values and other public health, safety and welfare issues.

This section also contains special provisions to evaluate impacts of particular uses and to allow administrative approval in certain cases where there is a change in use, a minor change to an existing site or a minor change determined necessary in the field during construction.

(Ord. No. 440, § 8, 6-10-19)

Section 21.01. - Relationship to platting and land divisions or combinations.

The planning commission shall require the platting of parcels of property and/or the approval of land divisions or land combinations prior to the consideration of site plans where the planning commission determines a site plan is needed to ensure compliance with the standards of the zoning ordinance or other ordinances.

(Ord. No. 440, § 8, 6-10-19)

Section 21.02. - Uses requiring site plan review.

Except as specifically provided in section 21.02(D) the development of any new use, the construction of any new structures, any change of an existing use of land or site, and all other building or development activities in R-4, RM-1, NBD, GBD, CBD, PUD, PMSHDD, O-1, I-1 & I-2 Districts shall require site plan approval by the Planning Commission pursuant to the conditions of this article.

A building permit shall not be issued until a full site plan or sketch plan has been reviewed and approved in accordance with the procedures and standards set forth herein and all necessary review, inspection, and permit fees have been fully paid. The extent of site plan review for various types of projects is classified into three types in the Table of Eligible Uses and Required Review Process.

Uses Requiring Site Plan Review
Use or ActivityRequires Site Plan ReviewSketch Plan Review (Administrative Approval)Exempt
A. New construction of any non-residential or multiple-family development
B. All special land uses in accordance with Article 22, Special Land Uses
C. Site condominium developments
D. Planned Unit Developments (PUDs) in accordance with Article 7, Planned Unit Development Overlay Standards
E. Erection of a tower, antenna, or other communication facility; essential public service buildings and storage yards
F. Co-location of a communication antenna upon an existing tower
G. Adult and child residential care facilities including day-care centers, foster care homes, family day-care homes and group homes In accordance with section 13.08 Adult and child care facilities
H. Home occupations
I. Temporary uses, buildings, structures, and seasonal events.
J. An increase in floor area of uses subject to site plan review up to 2,500 square feet or 10% of existing floor area, whichever is less
K. Change in use to one permitted in zoning district and requires no significant changes to building footprint, parking, landscaping, lighting, signs, bikepaths or sidewalks
L. Improvements to outdoor recreational uses and parks
M. Expansion, replacing or alteration of landscaping areas consistent with this Article
N. Improvements or installation of walls, fences, or lighting
O. Alterations to off-street parking layout or installation of pavement or curbing improvements provided total number of spaces does not change the number of parking spaces by more than five percent (5%) or to meet various Federal, State, or Americans with Disabilities Act requirements and the construction plans and lot construction are approved by the appropriate City staff
P. Construction or relocation of a commercial waste receptacle or enclosure
Q. Changes to facade, architectural features or wall signs (elevation plan showing changes and construction materials is required). Changes within the Downtown Development Authority (DDA) must adhere to the requirements set forth by the DDA
R. Approved changes to utility systems
S. Grading, excavation, filling, soil removal, creation of swimming pool, creation of ponds or tree clearing over 100 square feet
T. Grading, excavation, filling, soil removal, creation of ponds, installation of a swimming pool or clearing of trees within an area of less than 100 square feet
U. Modifications to nonconforming uses, buildings or sites, including a change to a more conforming situation; modifications to nonconforming single-family dwelling units shall be in accordance with Article 12 Non-conforming uses, structures, and lots
V. Modifications to upgrade a building to improve barrier free design, comply with Americans with Disabilities Act or other Federal, State or County regulations
W. Construction or erection of permitted accessory buildings and structures accessory to a single- or two-family dwelling unit
X. Construction, reconstruction, erection and/or expansion of single-family or two-family dwelling on parcel zoned solely for residential purposes
Y. Development regulated by the Land Division Act of 1997 (P.A. 112) and the City of Swartz Creek Subdivision Control Ordinance
Z. Erection of essential public service local distribution lines
AA. Construction, erection or relocation of permitted accessory buildings and structures less than 100 square feet in area accessory to a multiple-family, commercial, office, essential service, municipal, or industrial use
BB. Keeping of animals as an accessory use without additional structures, except kennels
CC. Construction of accessory building or structure for the keeping of animals
DD. Accessory outdoor display of general retail items as determined by the Building Official/Zoning Administrator
EE. Internal construction or change in the floor plan for a conforming use that does not increase gross floor area, provided the construction cost over a 12-month period does not exceed 50% of the building SEV or affect parking requirements on a site
FF. Construction or erection of signs, antennas, cooling/heating or other mechanical equipment, telephone booth, newspaper boxes, or similar structures which conform to other City standards and where site plan review is not specifically required under other sections of this Article
GG. Any proposed building or use which does not qualify for sketch plan or exempt from any site plan review

 

(Ord. No. 440, § 8, 6-10-19)

Section 21.03. - Sketch plan review process.

A.

Intent: The intent of this section is to permit submittal of a limited site plan in certain specific instances where a complete site plan is not considered essential to ensure compliance with the intent and standards of this zoning ordinance.

B.

Procedure: The process for administrative approval shall involve submittal of a sketch plan and required application form and fee to the zoning administrator. The zoning administrator shall review the sketch plan to ensure compliance with standards of this ordinance and make a report to the planning commission.

C.

The zoning administrator retains the option to require a complete site plan for review by the planning commission, particularly for sites which do not comply with previously approved site plans, sites with parking deficiencies, sites abutting residential districts or sites experiencing problems with drainage, traffic, noise, aesthetics or other general health and safety issues. If a full site plan is required, the zoning administrator shall inform the applicant to submit a set of plans in accordance with section 21.06 of this ordinance within 14 days of receipt of the application.

D.

Requirements for a sketch plan: A sketch plan submittal shall include at least the following:

1.

Application form and review fee.

2.

Name, address and telephone number of the applicant and the person(s) responsible for preparing the plot plan.

3.

North arrow.

4.

Legal description of the property.

5.

The "sketch site plan" shall be drawn at an engineer's scale. Any building expansion over 500 square feet within a five-year period involving public safety issues, as determined by the zoning administrator shall require a professional seal of an architect, landscape architect, engineer or surveyor.

6.

Property lines and dimensions.

7.

Existing and proposed buildings and structures with dimensions, setbacks and details or elevations where appropriate.

8.

Existing and proposed parking including number of spaces provided are required according to Article 26. If changes are made to the parking area, a detail of pavement, storm water runoff calculations and description of detention methods shall be provided.

9.

Details on any new driveways or changes to existing driveways (radii, throat width, slope, boulevard design, etc.).

10.

Location of existing signs and details on any proposed changes or new signs.

11.

General illustrations of existing landscaping; location, size and species of any new landscaping.

12.

Layout of any proposed changes to utilities.

13.

Description of any proposed changes to drainage.

14.

Floor plan of any new building area and building elevations, if applicable.

E.

Any other items requested by city staff or the planning commission.

(Ord. No. 440, § 8, 6-10-19)

Section 21.04. - Criteria for full site plan review.

The Planning Commission (and city council) shall review the site plan to ensure that it complies with all of the criteria below:

A.

The proposed use will not be injurious to the surrounding neighborhood. The location of buildings, outside storage receptacles, parking areas, fences or obscuring walls, and utility areas will minimize adverse effects of the proposed use for the occupants of that property and the tenants, owners, and occupants of surrounding properties.

B.

There is a proper relationship between major thoroughfares and proposed service drives, driveways, and parking areas to encourage the safety and convenience of pedestrian and vehicular traffic. The site plan includes the minimum number of driveways required to provide reasonable access. Driveways are spaced as far apart from intersections and other driveways as practical to reduce accident and congestion potential. Sharing with adjacent uses is encouraged. The planning commission may require a traffic impact study.

C.

The site plan provides for proper development of roads, easements, and public utilities and protects the general health, safety, and welfare of the city and its residents.

D.

Building architecture, materials, roof line, colors, windows and similar elements shall be consistent with the majority of other buildings in the city, as determined by the planning commission. Brick construction or brick trim, varying façade depths and peaked roofs, is encouraged. Stark white or bold colors and reflective glass are discouraged. The intent of this standard is to provide a harmonious, unified community to help create a sense of place and contribute to the image and quality of life in the city.

E.

The proposed site plan complies with all city codes and ordinances. Site plans for Mobile Home Park Districts shall comply with the preliminary plan requirements established in the Michigan Mobile Home Commission Acts.

(Ord. No. 440, § 8, 6-10-19)

Section 21.05. - Site plan review process.

A.

The city clerk shall refer the site plans to the city planning commission and after considering all information, the planning commission shall either approve, deny, or approve with conditions the site plan. Upon approval of the site plan by the planning commission, an application for a building permit shall be made by the petitioner in accordance with provisions of Article 21 of this ordinance.

B.

Upon approval of a site plan by the planning commission, construction consistent with said site plan shall be commenced within one year of the date said site plan was approved. In the event construction is not so commenced, said site plan approval shall become void and of no force and effect. Upon a site plan approval becoming void pursuant to the provisions, hereof no construction may commence upon said site unless and until the site plan approval process has been reinstituted and completed. In such event all applicable fees shall be paid.

1.

The applicant shall submit the required number of copies of an application for site plan approval, site plans, and other information where applicable. The number of copies required will be determined by the zoning administrator. The applicant or the applicant's representative must be present at the scheduled reviews or the matter will be tabled.

2.

If the site plan is in order and contains the required information, the site plan shall be placed on the agenda of a regular or special planning commission meeting.

3.

The planning commission shall take final action on the site plan and special land uses.

4.

The planning commission, as a condition of its approval of a site plan, may require reasonable modifications relating to: the location, height, number of stories, and size of dwellings, buildings, and other structures; the area of the yards, courts, and other open spaces; and the sanitary, safety, and protective measures which shall be required for such dwellings, buildings, and structures; and any other changes to meet the standards and intent of this zoning ordinance and other ordinances, laws and regulations.

5.

For any approval with condition(s), the applicant shall submit a revised plan within 60 days illustrating compliance with all conditions for approval by the zoning administrator. No permits shall be issued until such revised plan is submitted and approved.

6.

The applicant shall be responsible for the cost of preparing all site plan submittal information and for the evaluation of the site plan and related documents by consultants selected by the city.

(Ord. No. 440, § 8, 6-10-19)

Section 21.06. - Application for full site plan review.

The detailed site plan presented for consideration shall contain all information required in this ordinance.

A.

Application form. An application form provided by the city and required fee established by resolution of the city council, shall include the following:

1.

Applicant's name, address and telephone/fax number(s).

2.

Name and address of property owner, if different from applicant.

3.

Proof of property ownership.

4.

Common description of property and complete legal description including the tax identification number.

5.

Dimensions of land and total acreage.

6.

Existing zoning.

7.

Proposed use of land and name of proposed development, if applicable.

8.

Proposed buildings to be constructed, including square feet of gross floor area.

9.

Anticipated number of employees at peak shift.

10.

Names, addresses, and telephone/fax number(s) of engineers, attorneys, architects, and other professionals associated with the project.

B.

Site plan drawings and illustrations (fully dimensioned). Site plans shall contain all of the required data prior to approval of such plans by the city. Site plans shall consist of an overall plan for the entire development. Sheet size shall be at least 24-inch by 36-inch, with the plan view drawn to a scale of one inch equals 50 feet for property less than three acres or one inch equals 100 feet for property of three or more acres.

C.

Descriptive and identification data. The following descriptive and identification information shall be included on all site plans:

1.

Applicant's name, address and telephone/fax number(s).

2.

Title block indicating the name of the development.

3.

Scale.

4.

Northpoint.

5.

Dates of submission and revisions (month, day, year).

6.

Location map drawn to scale with north point.

7.

Legal and common description of property.

8.

The dimensions of all lots and property lines, showing the relationship of the site to abutting properties. If the site is a part of a larger parcel, the plan should indicate the boundaries of total land holding.

9.

A schedule for completing the project, including the phasing or timing of all proposed developments.

10.

Identification and seal of architect, engineer, land surveyor, or landscape architect who prepared plan.

11.

Written description of proposed land use.

12.

Zoning classification of applicant's parcel and all abutting parcels.

13.

Proximity to driveways serving adjacent parcels.

14.

Proximity to section corner and major thoroughfares.

15.

Notation of any variances which have or must be secured.

16.

Net acreage (minus rights-of-way) and total acreage, to the nearest one-tenth acre.

D.

Site data.

1.

Existing lot lines, building lines, structures, parking areas, and other improvements on the site and within 100 feet of the site.

2.

Front, side, and rear setback dimensions.

3.

Topography on the site and within 100 feet of the site at two-foot contour intervals, referenced to a U.S.G.S. benchmark.

4.

Proposed site plan features, including buildings, roadway widths and names, and parking areas.

5.

Dimensions and centerlines of existing and proposed roads and road rights-of-way.

6.

Acceleration, deceleration, and passing lanes, where required.

7.

The proposed location and design of driveways providing vehicular ingress to and egress from the site, in relation to the street giving access to the site.

8.

The traffic circulation features and location of automobile parking areas within the site. The site plan should demonstrate features or improvements that will assure:

a)

Safety and convenience of both vehicular and pedestrian traffic both within the site and in relation to access streets.

b)

Satisfactory and harmonious relationship between the development on the site and the existing and prospective development of contiguous land and adjacent neighborhoods.

9.

Typical cross-section of proposed roads and driveways.

10.

Location of existing drainage courses, floodplains, lakes and streams, with elevations.

11.

Location and dimensions of wetland areas. If deemed necessary because of site or soil conditions or because of the scope of the project, a detailed hydrology study may be required.

12.

Location of sidewalks within the site and within the right-of-way.

13.

Exterior lighting locations and method of shielding lights to prevent off-site glare.

14.

Trash receptacle locations and method of screening, if applicable.

15.

Transformer pad location and method of screening, if applicable.

16.

Parking spaces, typical dimensions of spaces, indication of total number of spaces, drives, and method of surfacing involving state and federal barrier-free requirements.

17.

Information needed to calculate required parking in accordance with zoning ordinance standards.

18.

The location of lawns and landscaped areas, including required landscaped greenbelts.

19.

Landscape plan, including location, size, type and quantity of proposed shrubs, trees and other live plant material.

20.

Location, sizes, and types of existing trees five inches or greater in diameter, measured at one foot off the ground, before and after proposed development.

21.

Cross-section of proposed berms.

22.

Location and description of all easements for public right-of-way, utilities, access, shared access, and drainage.

23.

Designation of fire lanes.

24.

Loading/unloading area.

25.

The location of any outdoor storage of materials and the manner by which it will be screened.

E.

Building and structure details.

1.

Location, height, and outside dimensions of all proposed buildings or structures.

2.

Indication of the number of stores and number of commercial or office units contained in the building.

3.

Building floor plans.

4.

Total floor area (gross floor area and usable floor area).

5.

Location, size, height, and lighting of all proposed signs.

6.

Proposed fences and walls, including typical cross-section and height above the ground on both sides.

7.

Building façade elevations, drawn to a scale of one inch equals four feet, or another scale approved by the zoning administrator and adequate to determine compliance with the requirements of this ordinance. Elevations of proposed buildings shall indicate type of building materials, proposed colors, roof design, projections, canopies, awnings and overhangs, screen walls and accessory buildings, and any outdoor or roof-located mechanical equipment, such as air conditioning units, heating units, and transformers.

8.

Samples of building materials and colors are required for review and approval by the Planning Commission.

(Ord. No. 440, § 8, 6-10-19)

Section 21.07. - Optional preliminary site plan review.

The site plan approval process includes a review, at the option of the applicant, of a preliminary site plan by the Planning Commission. This option is recommended for site plans affecting over five acres, plans affecting locations designated in the City of Swartz Creek Master Plan as having significant natural features, sites containing floodplains or within the flood hazard zone, sites containing or potentially containing MDEQ designated/regulated wetlands, special land uses, complex industrial developments, redevelopment projects, and complex commercial developments. The review of a preliminary site plan allows and encourages exhaustive review, comment, and recommendation towards the conceptual and final approval of such projects.

(Ord. No. 440, § 8, 6-10-19)

Section 21.08. - Aesthetic review.

In addition to the specific design requirements for residential and nonresidential reviews, the planning commission and city council shall review and approve the design, construction and overall aesthetics of all new structures, including alterations and/or additions, which are subject to site plan review. The planning commission is to ensure that any such structure, alteration and/or addition complies with the purposes and intentions of the respective zoning district and its overlay district, if any. The planning commission is empowered to restrict the use of unacceptable construction methods and materials of any such structure, alteration and/or addition and shall strive to fulfill the aesthetic intentions of assuring compatibility of structures located within the district.

(Ord. No. 440, § 8, 6-10-19)

Section 21.09. - As-built drawings.

A.

All projects within the city which go through site plan and/or construction plan review shall be required to submit record drawings. The drawings will need to be reviewed and approved by the city engineer or the city building official and zoning administrator prior to final acceptance of the project by the City of Swartz Creek.

B.

The initial submittals shall be of two sets of black line prints providing the applicable information shown on the checklist below. The minimum scale shall be one inch equals 40 feet and shall bear the seal of a registered professional engineer or surveyor licensed to practice within the State of Michigan. All record lengths and elevations must be labeled as record.

C.

After the record drawings have been approved by the city engineer, the applicant shall submit two Mylar copies of the approved drawings. A CD shall also be provided which contains a .pdf or other acceptable version of each sheet of the plan set with the following attributes:

1.

Locations shall be shown on the plans in state plane coordinates using the NAD83 Michigan South zone.

2.

Individual pipe sizes and structure types should be on separate layers.

3.

The scale shall be one inch equals 40 feet unless otherwise approved by the city engineer or the city building official and zoning administrator.

4.

Annotation should be snapped to the mid-point of lines. Lines should be snapped to the center of structures.

(Ord. No. 440, § 8, 6-10-19)

Section 21.10. - Nonresidential design requirements.

The following design requirements for nonresidential buildings shall be applied during site plan review:

A.

Exterior building design.

1.

Buildings shall possess architectural variety, but enhance the overall cohesive community character. All buildings shall provide architectural features, details, and ornaments such as archways, colonnades, cornices, recesses, projections, wall insets, arcades, window display areas, peaked roof lines, or towers.

2.

Building walls and roofs over 50 feet in length shall be broken up with varying building lines, windows, gables, and/or architectural accents such as pilasters, columns, dormers, or awnings.

3.

Window area or spandrel glass shall make up at least 20 percent or more of the exterior wall area facing the principal street(s).

4.

In addition, a portion of the on-site landscaping shall abut the walls so that the vegetation combined with the architectural features significantly reduce the visual impact of the building mass as viewed from the street. Additional landscaping requirements of this ordinance must also be satisfied.

5.

Overhead doors shall not face a public street or residential district. The planning commission can modify this requirement upon a determination that there is no reasonable alternative and the visual impact will be moderated through use of building materials, architectural features and landscaping beyond that required in Article 28 (Landscaping).

6.

Additions to existing buildings must complement the current building design with regard to height, proportions, scale, materials, and spacing of openings.

B.

Building materials.

1.

Durable building materials which provide an attractive, quality appearance must be utilized.

2.

New structure exteriors shall be predominantly (75 percent or more) constructed from quality materials such as earth-toned brick, native stone, and/or glass products. The planning commission may choose to allow distribution of coverage across all elevations evenly or to concentrate such coverage on more visible elevations, provided no elevation shall have less than 50 percent of its exterior constructed of such materials. Tinted/textured concrete masonry units may be used as accent materials on all sides and as a primary material on side and rear elevations.

3.

Other materials such as smooth-faced concrete block, EIFS panels or pre-fabricated steel panels should only be used as accents and not dominate the building exterior of the structure.

4.

Painted concrete block shall not be used as an exterior material on new buildings and only on additions to match the existing primary building.

5.

Metal roofs may be allowed if deemed by the planning commission to be compatible with the overall architectural design of the building.

C.

Building colors.

1.

Exterior colors shall be of low reflectance, subtle, neutral, or earth tone colors. The use of high intensity colors such as neon, metallic, or fluorescent for the façade and/or roof of the building are prohibited except as approved by the planning commission for building trim.

2.

The use of trademark colors not meeting this requirement must be approved by the planning commission.

3.

Mechanical and service features such as gutters, ductwork, service doors, etc., that cannot be screened must be of a color that blends in with the color of the building.

D.

Roof design.

1.

Roofs should be designed to reduce the apparent exterior mass of a building, add visual interest, and be appropriate to the architectural style of the building.

2.

Roofs shall have no less than two of the following features:

a)

Parapets concealing flat roofs and rooftop equipment, such as HVAC units from public view. The average height of such parapets shall not exceed 15 percent of the height of the supporting wall and such parapets shall not at any point exceed one-third of the height of the supporting wall. Such parapets shall feature three-dimensional cornice treatment;

b)

Overhanging eaves, extending no less than one foot past the support walls;

c)

Sloping roofs that do not exceed the average height of the supporting walls, with an average slope greater than or equal to one foot of vertical rise for every three feet of horizontal run and less than or equal to one foot of vertical rise for every one foot of horizontal run;

d)

Three or more roof slope planes.

e)

A specific architectural element proposed by the applicant's architect that is acceptable to the city planner and planning commission.

E.

Customer entrances.

1.

Each large retail establishment (15,000 square feet or more) on a site shall have clearly defined, highly visible customer entrances featuring no less than five of the following:

a)

Canopies or porticos.

b)

Overhangs.

c)

Recesses/projections.

d)

Arcades.

e)

Raised corniced parapets over the door.

f)

Peaked roof forms.

g)

Arches.

h)

Outdoor patios.

i)

Display windows.

j)

Architectural details such as tile work and moldings which are integrated into the building structure and design.

k)

Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.

2.

A specific architectural element proposed by the applicant's architect that is acceptable to the city planner and planning commission.

3.

Where additional stores will be located in the large retail establishment, each such store may have at least one exterior customer entrance, which shall conform to the above requirements.

F.

Community amenities. Community amenities such as patio/seating areas, water features, artwork or sculpture, clock towers, pedestrian plazas with park benches, or other features located adjacent to the primary entrance to the building(s) are highly encouraged and may be calculated as part of the landscaping requirement.

G.

Signs. Signs shall be in accordance with the city's sign ordinance. All sign bases shall be constructed of materials compatible with the architecture of the building(s) located on the premises.

H.

Natural features. Buildings shall be sited to protect existing natural areas such as steep natural grades, trees, significant groupings of healthy vegetation (shrubs and trees), and rock outcroppings. To the extent practical, these areas shall be incorporated into the overall site plan.

I.

Building location and orientation. New buildings in the CBD District shall have at least one principal building entrance oriented toward the front lot line.

J.

Sidewalks. All development shall include a provision for sidewalks, per City Code, within the site and within the right-of-way to provide connectivity between adjacent sites, the public realm, parking areas, and any other on-site amenities.

K.

Outdoor retail display. A sketch plan indicating the location and dimensions of any outdoor display must be submitted and approved by the zoning administrator prior to establishment of any such display. This will help ensure that said outdoor display will not interfere with approved access and circulation through the site nor create an unsightly situation. Palletized materials such as mulch, salt pellets, hunting bait, etc., shall only be allowed for display at the front of the building extending outward no more than ten feet and shall not obstruct barrier-free access to the building. Under no circumstances shall said outdoor display block or interfere with vehicular driving lanes through the site. All sketch plans for outdoor display must be renewed annually with the city and does not include outdoor storage, which is a special land use under section 22.09 A.16., Special land use specific requirements, of the ordinance.

(Ord. No. 440, § 8, 6-10-19)

Section 21.11. - Single-family dwelling design standards.

A.

Intent. This section is intended to establish regulations for the construction of new single-family dwellings zoned R-1, R-2, & R-3 including in-fill housing. The standards herein are intended to:

1.

Prevent grossly dissimilar dwellings which would adversely affect the value of dwellings in the surrounding area.

2.

Prevent adverse effects on the desirability of an area to existing or prospective homeowners.

3.

Ensure the stability of the environment.

4.

Promote the most appropriate use of real estate.

5.

Increase the opportunity to realize the development pattern envisioned in the Swartz Creek Community Master Plan.

These regulations are based on the finding that the cohesiveness and character of the city's neighborhoods are significant factors in the city's quality of life, contribute to the distinct character in the various neighborhoods and help retain property values. These regulations further ensure new housing units are harmonious with the general character of the adjacent houses and the city overall and ensure a stable housing stock. While some level of diversity is desirable, these regulations are intended to ensure the design variation of new homes is similar to the level of variation in existing homes in the immediate area, or surrounding neighborhoods with similar densities for new residential projects. The standards shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the common or standard designed home.

B.

Applicability. The regulations of this section shall apply to all new single-family home construction zoned R-1, R-2, & R-3. Major home expansions where the homeowner is expanding the footprint of the home by 40 percent or more shall comply with subsections 21.11.D.9, 21.11.D.10, and 21.11.D.11, in addition to required building codes, to ensure the resulting home continues to maintain the character of the neighborhood. The standards shall not apply to minor home expansions, interior remodeling, or to residences outside of the Single-Family Zoning Districts.

C.

Approval. Compliance with these regulations shall be determined by the building and zoning administrator at the time the building permit is reviewed and shall be based on the standards of subsection D. below.

D.

Standards.

1.

Each such dwelling unit shall comply with all pertinent building and fire codes. Additionally, all dwellings shall meet or exceed all applicable roof snow load and strength requirements. Where there are conflicting applicable regulations, the more stringent shall apply.

2.

All construction required herein shall be commenced only after a building permit has been obtained in accordance with the City Building Code and other building regulations.

3.

Each such dwelling unit shall comply with the minimum standards listed throughout Appendix A for the zoning district in which it is located, including minimum lot area, minimum lot width, minimum floor area, required setbacks and maximum building height.

4.

Each dwelling unit shall be firmly attached to a permanent basement or crawl space foundation constructed on the site in accordance with the City Building Code.

5.

The dwelling shall have an attached structure of equal workmanship as the dwelling unit, designed for the parking and storage of vehicles. Said structure shall be functionally and aesthetically compatible in design and appearance with other residences in the surrounding area as defined in subsection 12. below. When attached to a mobile home, modular home, pre-fabricated home or pre-constructed home, said structure shall comply with all requirements of the Michigan Building Code relative to grade separation and fire restrictive requirements.

6.

Each such dwelling unit shall contain a storage area equal to ten percent of the square footage of the dwelling or 100 square feet, whichever shall be less. This storage area shall consist of a basement, attic or in a separate detached accessory structure that complies with the standards of this section regarding accessory buildings and structures. The intent of these standards is to limit the extent of outdoor storage.

7.

The roof shall have a minimum 4:12 pitch and with a drainage system that will collect and concentrate the discharge of storm water or snow away from the sides of the dwelling. The roof shall have wood shake, asphalt, or other acceptable shingles. A roof overhang of not less than six inches on all sides shall be provided, or alternatively with window sills or roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling.

8.

A minimum of two exterior doors shall be provided with the second one being in either the rear or side of the dwelling. All dwelling units shall be oriented toward the public right-of-way such that the facade that faces the street contains a door, windows, and other architectural features customary to the front façade of a residence.

9.

The width across any front, side or rear elevation shall be a minimum of 24 feet and comply in all respects with the City Building Code.

10.

In-fill housing or development on vacant lots in an existing platted subdivision shall consider the gross floor area and lot coverage of surrounding homes to ensure compatibility. The gross floor area and lot coverage of the proposed dwelling shall be at least 90 percent and no more than 135 percent of the average square footage of constructed single-family dwellings within 500 feet, up to the boundary of the existing neighborhood, of the subject dwelling unit, with measurements made from the edge of the street.

11.

In-fill housing or development on vacant lots in an existing platted subdivision shall maintain a consistent front building line along the street. The front yard setback of the proposed dwelling shall be no less than 90 percent and no more than 135 percent of the average established front yard setback of other single-family dwelling unit within 500 feet, up to the boundary of the existing neighborhood, of the subject dwelling unit, with measurements made from the edge of the street.

12.

Building appearance for all new single-family dwelling unit construction shall be aesthetically compatible in design and appearance with other residences in the surrounding area.

a)

Definitions for what constitutes the surrounding area are as follows:

i.

For new single-family neighborhood development (in the form of a new subdivision plat or new site condominium project), the surrounding area is defined as the nearest existing neighborhoods with similar densities.

ii.

For in-fill housing development where there are one or a few isolated sites being developed within the existing neighborhood (in the form of an existing lot of record or recent land division), surrounding area shall be defined as within 500 feet, up to the boundary of the existing neighborhood, of the subject dwelling unit; with measurements made from the edge of the lot in each direction, including the opposite side of the street.

b)

The determination shall be made by the building and zoning administrator and in considering similarity and compatibility with the surrounding area the following features must be considered in order to meet this requirement:

i.

Exterior building material used on the proposed dwelling.

ii.

Roof style.

iii.

The design and position of windows.

iv.

Front entry design (presence of porches, front door location, etc.).

v.

Garage style and design.

c)

If the building and zoning administrator cannot reach a determination on architectural compatibility, the application shall be forwarded to the planning commission for review and final action.

13.

Appeal: An applicant may appeal the decision of either the building and zoning administrator or the planning commission to the zoning board of appeals. The city shall provide written notification of denial at the last address of record. A written application for an appeal hearing before the zoning board of appeals shall be filed with the office of the building and zoning administrator within 15 calendar days of the receipt of the notice of denial.

14.

Exceptions: The foregoing standards shall not apply to a mobile home located in a licensed mobile home park except to the extent required by state or federal law or otherwise specifically required in this ordinance and pertaining to such parks.

(Ord. No. 440, § 8, 6-10-19)