Zoneomics Logo
search icon

Trenton City Zoning Code

ARTICLE XXVIII

SITE PLAN REVIEW ALL DISTRICTS3


Footnotes:
--- (3) ---

State Law reference— Site plans, MCL 125.584d.


Sec. 110-601.- Intent.

Site plan review and the procedure for reviewing them is intended to provide an essential vehicle for the design and expeditious review of new land development proposals, redevelopment proposals, and for the occupation of vacant existing buildings in the city. These procedures are further designed and intended to promote compatibility between land use with respect to their internal and external functions and for compliance with the applicable requirements of this chapter, and other local codes and ordinances.

(Ord. No. 802, § 1, 12-14-2020)

Sec. 110-602. - Procedure and requirements.

For the purpose of promoting and protecting the public health, safety and general welfare of the inhabitants of the City of Trenton, and for the preservation and management of its land resources, the following procedures shall be followed:

(1)

When a site plan is required. Prior to the issuance of a building permit, a site plan shall be submitted to the planning commission for its review and approval. Every site plan submitted to the planning commission shall be in accordance with the requirements of this code. A site plan shall be required for the following uses:

a.

Any use or development for which the submission of a site plan is required by any provision of this code.

b.

Any development, except single-family and two-family residential, for which off-street parking areas must be provided as required in Article XXVI in this chapter.

c.

Any special land use permitted in any zoning district, including nonresidential uses permitted in the single-family districts.

d.

Any principal permitted use in the MH, RM, B business, I industrial, WM, P-1, PD, or overlay district.

e.

All public-related uses in all districts, including but not limited to schools and municipal buildings.

f.

Building additions or accessory buildings that require more off-street parking in addition to that already provided on the site.

(2)

Public hearing required. All uses permitted in any zoning district as a special land use, or a use permitted subject to the conditions attached to it, shall require review and approval by the planning commission at a duly advertised public hearing.

(3)

Departmental review.

a.

Every site plan submitted to the planning commission shall be in accordance with the applicable requirements of this chapter. No site plan shall be approved until the plan has first been reviewed by the building department in coordination with the engineering department, fire department, police department, and the department of public services for compliance with the applicable standards of their respective departments.

b.

Site plan approval and administrative site plan approval. To improve efficiency and remove unnecessary review procedures, the zoning code provides for two site plan approval processes. The term "site plan review" and "approval" are used in this zoning code to indicate the site plan review process that requires approval by the planning commission.

The terms "administrative site plan review" and "approval" are used to indicate a plan review process that requires approval by the city's administrative site plan review committee. The administrative site plan review committee shall be composed of the building official, planning consultant, and the planning commission chair or their delegate.

The terms "site plan review standards" and revisions to an approved site plan" shall refer to both the administrative site plan review and site plan review.

c.

Site plan review requirements by use or development activity. The list of uses or development activities in table 2 below indicates which activities require site plan approval or administrative site plan approval and which activities are exempt from review.

d.

The building official in conjunction with the planning commission chair shall determine if the project is eligible for administrative site plan review, and/or whether a pre-application meeting is necessary.

e.

Any member of the ASPR committee may at his/her discretion bring site plans that meet the requirements of the administrative site plan review process to the planning commission for their review under the site plan approval process.

(4)

The following information shall be included on the site plan:

a.

Name of the development, including the name, address and telephone number of the developer, designer/firm, and designer's registration number and seal.

b.

Scale of drawing:

1.

If less than three acres — 1″ = 50′.

2.

If more than three acres — 1″ = 100′.

3.

Sheet size shall not exceed 24″ by 36″.

4.

Legend.

c.

Date, north point, and scale.

d.

A complete legal description of the entire site, i.e.; metes and bounds description if an acreage parcel, or lot number(s) and subdivision name. All legal descriptions shall include the gross number of acres and section number(s). The dimensions of all lot and property lines, showing the relationship of the subject property to abutting properties.

e.

Vicinity sketch or site location map, which does not have to be drawn to scale.

f.

Topographic survey of the site and adjacent properties in sufficient detail to accurately indicate the existing contour, drainage pattern of the site and immediate vicinity. The survey shall be referenced to Wayne County datum or the City of Trenton datum and to include:

1.

Reference and site benchmark.

2.

The location of all existing sanitary sewers, storm sewers, water mains, ditches/swales, gas mains, power/telephone poles and wires, trees, and sidewalks. Indicate all pipe sizes and the diameter of trees at breast height (DBH).

3.

Rim and invert elevations of the existing upstream and downstream sanitary and storm manholes with the lineal footage between manholes, including the proposed tap invert elevation and the percent of fall, on both the sanitary and storm leads, minimum of one percent required. On all proposed sanitary and storm sewer work that is more than six inches lead installation, include all proposed rim and invert elevations on all manholes, catch basins and inlets, with the proposed pipe sizes, type of pipe, lineal footage between the proposed structures, and the percent of fall.

4.

Rim and invert elevations, with pipe sizes of all existing catch basins and inlets.

5.

Rim and top of pipe elevations of all existing gate wells. On all proposed water main installation indicate all proposed gate well rim elevations, lineal footage between gate wells and fire hydrant locations. All proposed water mains shall have a minimum of six feet of cover. Should the City of Trenton Fire Department require the installation of a fire suppression line, "hydraulic calculations" must be submitted with the site plan for review.

6.

The location of all adjacent buildings that is closest to the parcel or lot being developed.

7.

Elevations of the existing top of curb, gutter, and the road centerline on the lot. Where any road or service drives are to be installed, indicate the proposed top of curb grades, the road width, the right-of-way width, and the percent of fall on the curb.

8.

Dimensions of all existing and proposed underground utilities off of the property lines.

9.

Electric supply (above and below ground).

10.

Telephone (above and below ground).

11.

Gas supply.

12.

Cable TV.

13.

Other.

g.

The existing zoning classification of the parcel, and the existing zoning classification of adjacent property.

h.

Existing land use on adjacent parcels.

i.

The location of all buildings and structures on the site, and the location of all existing buildings and structures within 100 feet of the parcel.

j.

All building and structure heights.

k.

The location of all off-street loading and unloading facilities.

l.

The location of all driveways, drives, and turning lanes.

m.

The location of all drives, driveways, and intersections across abutting streets from the parcel.

n.

The names, locations, right-of-way widths, centerlines, and pavement widths of all bordering roads, streets, and easements.

o.

The location of all sidewalks.

p.

Critical site dimensions:

1.

Along property lines.

2.

Between buildings.

3.

Between parking spaces and buildings.

4.

Between principal and accessory buildings.

5.

Typical parking space width and length.

6.

Vehicle maneuvering lane and service drive widths.

7.

Curb radius of entrances.

8.

Between buildings and property lines.

9.

Between buildings and any retention or detention basins.

q.

Building layouts (typical floor plan) including:

1.

Principal entrances and service entrances.

2.

The relationship between units in a building.

3.

Exterior building wall elevation drawings of all exposed walls.

r.

Exterior building wall elevation drawings showing the type and color of exterior building wall materials to be used on all exterior walls and the area(s) to be covered by any signs to be attached to building walls.

s.

The location, size, and types of signs to be utilized shall be provided for the site and buildings on the site. In those instances where signs are not determined due to unknown occupants at the time of site plan review, it shall be required that all signs receive the review and approval of the Trenton Planning Commission prior to occupancy of a structure.

t.

The location and extent of any outdoor storage areas, including the type, height, and extent of screening.

u.

The type and height of screening device for trash receptacles.

v.

The location, type, and extent of any required screening devices.

w.

The location and type of all outdoor site lighting.

x.

A landscape planting plan when prepared as a separate drawing shall be at the same scale as the plan view drawing. A qualified person as stipulated in Article XXVII in this chapter shall prepare all landscape plans and shall contain all applicable information and meet all applicable requirements of that article.

y.

For multiple-family dwelling developments:

1.

The maximum lot coverage of all buildings shown.

2.

Site dwelling density computations, including the total number of dwelling units proposed and the number of bedrooms per unit.

3.

When development will be in phases, the requirements shall be shown for each phase.

z.

For nonresidential uses:

1.

Proposed use.

2.

The gross and net usable square feet of floor area.

3.

Seating capacity or maximum occupancy permitted.

4.

Number of medical examining rooms, dental chairs, and square feet of waiting rooms or number of beds.

5.

The number of employees in the largest working shift.

(5)

For all principally permitted uses and special land uses in the PD, W-R, I-1, and I-2 Districts, an impact assessment shall be required:

a.

Intent. The purpose of an impact assessment is to evaluate the developmental, ecological, environmental, social, economic, and physical impact of a proposed development on and surrounding the development site. The impact assessment shall, at minimum, assess the following, as applicable:

1.

Water, noise, vibration, odor, fumes, and air pollution (e.g. dirt, dust, and fly ash) associated with the proposed use.

2.

Effect of the proposed use on public utilities.

3.

Historic and archeological significance of the site and adjacent properties.

4.

Displacement of people and other land uses by the proposed use.

5.

Alteration of the character of the area by the proposed use.

6.

Effect of the proposed use on the city's tax base and adjacent property values.

7.

Compatibility of the proposed use with existing topography, and topographic alterations required.

8.

Operating characteristics and standards of the proposed use.

9.

Proposed screening and other visual controls.

10.

Impact of the proposed use on vehicular and pedestrian traffic.

11.

Impact of the proposed use on flora and fauna.

12.

Negative short-term and long-term impacts, including duration and frequency of such impacts, and measures proposed to mitigate such impacts.

13.

How general on-site drainage will be accommodated in accordance with all applicable federal and state requirements, including soil and sedimentation controls, the prevention of site contamination during development and operation of the facility and if necessary, what performance standards will be observed during development and operation of the facility to control dust, noise, noise, odor, fumes, smoke and vibration during development.

14.

An environmental analysis of the land, including a hydrology study, analysis of soil conditions, and analysis of other significant environmental features. The hydrology study shall consist of information and analysis in sufficient detail (as determined by the city engineer) to indicate the impact of the project on surface water and groundwater.

15.

The presence of site contamination, and shall include a Phase I Environmental Site Assessment. Where available, or where required by the Michigan Department of the Environment, Great Lakes, and Energy or other regulatory agency, the applicant shall also submit a Phase II Environmental Assessment, Baseline Environmental Assessment, and Due Care Plan.

b.

Evaluation of the impact assessment. The planning commission and city council shall consider the criteria listed below in their evaluation of an impact assessment. Failure to comply with any of the criteria may be justification to deny approval. The city council and planning commission shall determine that the proposed use:

1.

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

2.

Will be designed, constructed, operated, and maintained in harmony with the existing or future neighboring uses.

3.

Will not be hazardous or disturbing to existing or future neighboring uses.

4.

Will represent a substantial improvement to property in the immediate vicinity and to the community as a whole.

5.

Will be served adequately by essential public services and facilities, such as highways, streets, drainage structures, police and fire protection, and refuse disposal, or persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately for such services.

6.

Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.

7.

Will not involve uses, activities, processes, materials, equipment, and conditions of operations that will be detrimental to any persons, property, or the general welfare by reason of excessive smoke, dust, fumes, glare, noise, vibration or odors.

8.

Will not have a detrimental impact on the environment, including but not limited to an impact on waterways, wetlands, woodlands, or other natural features.

(6)

Site plan review standards. The following criteria shall be used by the planning commission as a basis upon which site plans will be reviewed and approved. The commission shall adhere to sound planning and design principals, yet may allow for design flexibility in the administration of the following standards:

a.

All elements of the site shall be harmoniously and efficiently designed in relation to the topography, size, and type of land, and the character of the adjacent properties and the proposed use. The site will be developed so as not to impede the normal and orderly development or improvement of surrounding properties for uses permitted on such property.

b.

The site plan shall comply with the district requirements for minimum floor space, height of building, lot size, yard space, density and all other requirements as set forth in Article XXIV in this chapter unless otherwise provided in the code.

c.

The existing natural landscape shall be preserved in its natural state as much as possible, by minimizing tree and soil removal and by topographic modifications that result in maximum harmony with adjacent properties.

d.

There shall be reasonable visual and sound privacy. Fences, walks, barriers, and landscaping shall be used, as appropriate, for the protection and enhancement of property and the safety and privacy of occupants and users and the conservation of energy.

e.

All buildings or groups of buildings shall be so arranged as to permit convenient and direct emergency vehicle access.

f.

Where possible and practical, drainage design shall recognize existing natural drainage patterns.

g.

There shall be a pedestrian circulation system that is insulated as completely as possible from the vehicular circulation system. In order to ensure public safety, pedestrian underpasses or overpasses may be required in the vicinity of schools, playgrounds, local shopping facilities, and other uses that generate considerable amounts of pedestrian movement.

h.

The arrangement of public or common ways for vehicular and pedestrian or bicycle pathways in the vicinity of the site. Streets and drives that are a part of an existing or planned street system serving adjacent developments shall be of an appropriate width to the volume of traffic they are planned to carry and shall have a dedicated right-of-way equal to that specified in a recognized source of reference.

i.

Appropriate measures shall be taken to ensure that the removal of surface waters will not adversely affect adjoining properties or the capacity of the public storm drainage system. Provisions shall be made for the construction of stormwater facilities, and the prevention of erosion and dust. Surface water on all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicles or pedestrian traffic and will not create nuisance ponding in paved areas.

j.

Off-street parking, loading, and unloading areas and outside refuse storage areas, or other storage areas that face or are visible from adjacent homes, or from public thoroughfares, shall be screened by walls, fencing, or landscaping of affective height.

k.

Exterior lighting shall be so arranged that it is deflected away from adjoining properties and so that it does not impede vision of drivers along adjacent streets.

l.

Adequate services and utilities and improvements shall be available or provided, located, and constructed with sufficient capacity and durability to properly serve the development.

m.

Any use permitted in any zoning district must also comply with all applicable federal, state, county and city health and pollution laws and regulations with respect to noise, smoke and particulate matter, vibration, noxious and odorous matter, glare and heat, fire and explosive hazards, gasses, electromagnetic radiation and drifting and airborne matter, toxic and hazardous materials, erosion control, floodplains, and requirements of the state fire marshal.

n.

In those instances wherein the planning commission finds that an excessive number of ingress and/or egress points may occur with relation to major or secondary thoroughfares, thereby diminishing the carrying capacity of the thoroughfare, the planning commission may recommend marginal access drives. For a narrow frontage, which will require a single outlet, the planning commission may recommend that money in escrow be placed with the municipality so as to provide for a marginal service drive equal in length to the frontage of the property involved. Occupancy permits shall not be issued until the improvement is physically provided or monies have been deposited with the clerk in accordance with Article XXIX.

(7)

Revisions to an approved site plan. A revision in the approved site plan prior to the issuance of a building permit or during construction shall be subject to review and re-approval in accordance with the procedure as required under subsections (1) through (4) of this section.

(8)

Procedure for site plan approval. For the purpose of this chapter, a revision in a site plan shall include such things as but not limited to a change in building location or configuration causing the buildings to be located closer to the property line; a change in the location, layout or number of off-street parking spaces provided; a change in curb cut locations; a change in intended tenancy, thereby affecting residential requirements, in the case of multiple-family residential development; a change in density or number of units. The procedure for obtaining site plan approval is outlined in the following requirements:

a.

If the project requires site plan review:

1.

Seven copies of the site plan, including all items required, together with site plan review fees as established by the city council, shall be forwarded to the city review agencies and they shall forward their review comments in writing to the engineering department within seven calendar days from receipt of the site plan.

2.

If all departmental comments are positive and no concerns are expressed by the review agencies relative to the site plan, the engineering department shall notify the applicant that the site plan is in order. If departmental concerns are expressed relative to the site plan, copies of the departmental comments shall be forwarded to the applicant for correction, compliance, or preparation for appeal.

3.

Revised site plans shall be submitted to the engineering department for referral to the city review agencies in the same manner as followed for initial site plan review. The designated agencies shall review the revised site plans and forward their comments to the engineering department within seven days from receipt of the revised site plans.

4.

Upon receipt of 13 additional copies of the site plan from the applicant, the engineering department shall forward 11 copies to the planning commission's clerk to be hand-delivered to the commission members and the planning consultant at a regular planning commission meeting, for review at their next regularly scheduled commission meeting.

5.

Site plans shall be reviewed by the planning commission and approved, disapproved, or approved with conditions. If the planning commission finds a site plan is not in conformance with the provisions set forth in this section, it may, at its discretion, return the site plan to the applicant with a written statement of the modifications necessary to obtain approval. Upon submission of the modified site plan, the planning commission shall review the plan and approve, disapprove, or approve with specific conditions in writing.

b.

If the project is eligible for administrative site plan review:

1.

The engineering department shall schedule at least one meeting with the applicant. The engineering department shall schedule a meeting of the administrative site plan review committee, as described in this section. The applicant may be invited to attend the meeting. The administrative site plan review committee shall either approve, table, or deny the site plan. A vote of a majority of the members of the committee shall be required for action. The engineering department shall then submit a report of administrative action on administrate site plans to the planning commission at the next meeting.

2.

If the site plan is tabled by the administrative site plan review committee, the applicant may submit a revised site plan addressing all required concerns for further review of the administrative site plan review committee.

3.

If the site plan is denied by the administrative site plan review committee, the applicant can request a review by the planning commission.

4.

Any member of the ASPR committee shall have the option to require a complete site plan review and approval by the planning commission for sites which do not comply with previous approved site plans, for sites with parking deficiencies, for sites abutting residential districts and for sites with potential problems with drainage, traffic, noise aesthetics or other general health and safety issues.

c.

If the site plan requires a pre-application meeting:

1.

The engineering department shall determine whether a preapplication meeting is necessary based on the scope of the plan, the type of use proposed, and other similar circumstances.

2.

The applicant, building official, city engineer, fire department and planning consultant may be invited to the meeting.

3.

Notes or minutes of the meeting, if taken, shall be saved with the file.

4.

Following the meeting, the proposed site plan or a revised site plan addressing concerns of the meeting shall go through the steps of planning commission review.

d.

If the site plan requires planning commission review:

1.

The engineering department shall first transmit the site plan to appropriate city departments for a review and written report to the planning commission.

2.

If the site plan contains the required submittal information, the site plan shall be placed on the agenda of a regular planning commission at the next available meeting.

3.

The planning commission, by majority vote of a quorum, shall review the site plan for compliance with the standards set forth in this section after a public hearing is held and take action to table, approve, or deny the approval of site plans submitted for its review.

4.

If the site plan is tabled by the planning commission, the applicant may submit a revised plan addressing all required concerns for further review of the planning commission.

5.

If the site plan is denied, the city shall notify the applicant in writing of the reasons for denial.

(9)

Building permits time limitations. Following approval of a site plan the building department shall issue a building permit submission of proper architectural plans, and shall ensure that the development is undertaken and completed in accordance with the approved plans. For any approved site plan, building permits must be obtained encompassing a minimum of at least 25 percent of the gross floor area shown on the site plan within six months of the date of site plan approval or the site plan shall be deemed null and void without any further action by the city.

(10)

Site plan approval time limitations. Except as otherwise set forth and regulated in the PD district, approval of any site plan under the provisions of this article, shall be for one year commencing on the date of site plan approval. With or without issuance of a building permit as specified in subsection (8) of this section, if no construction or development takes place on the property within the one-year time period, and an approval extension is not requested by the applicant in the manner set forth in this subsection, site plan approval shall terminate and no construction or development shall take place on the property until site plan approval is again granted by the building department or the planning commission. The applicant may request one one-year approval extension, provided the request is submitted at least 30 days before the date the site plan will expire. If actual construction and development commences within the initial one-year time period and continues without lapse, and the improvements are in conformity with the approved site plan, site plan approval shall continue until all construction and development is completed and accepted by the city. In the event that a lapse in development and construction on the property shall take place, site plan approval shall continue for a period of one year from the last inspection date registered on the building permit. One year after that date, if no construction or development has commenced on the property, site plan approval shall expire and no further construction or development shall thereafter take place on the property until site plan approval has been requested by the applicant and granted by the building department or the planning commission. When site plan approval of a proposed development shall expire for any reason, the site plan shall not again receive approval until or unless the following conditions are met:

a.

Any subsequent amendments to the standards of this chapter, site engineering standards, or city council policies that may be applicable to the proposed development shall be met before site plan approval may be granted.

b.

Any change in use not part of any previously approved site plan proposed for the development or any part thereof, shall meet all of the requirements of this chapter, site engineering standards or city council policies that may be applicable to the new use before site plan approval may be granted.

The building department shall not issue a building permit for any type of development or construction on the basis of any previously approved site plan when that approval has expired, unless the site plan has received an extension from the planning commission or is a re-approved site plan whose approval had previously expired.

(11)

Fees. Fees for the review of an expired site plan may be waived by the city when it shall find that no substantial changes have been made to the previously approved site plan or to abutting land use. In those instances where conditions have changed, the fee for review of an expired site plan shall be the same as charged for the initial review submittal.

Table 2
Uses or Activities Requiring Site Plan Approval

Use or Activity Planning
Commission
Approval
Administrative
Site Plan
Review
Committee
Exempt
from
Site Plan
Review
1. Construction or erection of permitted accessory buildings and structures for two-family dwelling units and mobile homes within an approved mobile home park X
2. Construction, reconstruction, erection and/or expansion of one- or two-family dwelling on parcel used solely for residential purposes X
3. Development regulated by the, Land Division Act. See MCL § 560.101 et seq.
4. New construction of a permitted industrial, commercial, office or multiple-family development X
5. All special land uses X
6. Change in use to a special land use X
7. Changes of use to a permitted use X
8. An increase in floor area over 1,000 square feet or over 25 percent of existing gross floor area, whichever is less, in a special land use X
9. Increase in floor area not covered by Item 8 above X
10. Cellular telephone tower, essential service substations, transmission lines, utility company buildings and storage yards X
11. Improvements to outdoor public recreational uses and public parks X
12. Expansion, replacing or alteration of landscaping areas consistent with this chapter X
13. Improvements or installation of walls, lighting, or curbing X
14. Alterations to off-street parking layout or installation of pavement provided the total number of spaces shall remain constant and the construction plans and lot construction are approved by the city staff X
15. Relocation of a waste receptacle to more inconspicuous locations or installation of screening X
16. Changes to facade, architectural features or wall signs (elevation plan showing changes and construction materials is required) X
17. City-approved changes to private utility systems X
18. Grading, excavating, filling, soil removal, creation of swimming pool, creation of ponds, or tree clearing over 100 square feet in horizontal area X
19. Change from a nonconforming use to another nonconforming use X
20. Modifications to upgrade a building to improve barrier-free design or comply with the Americans with Disabilities Act or other federal, state or county regulations X
21. Construction of accessory building or structure for the keeping of animals X
22. Grading, excavation, filling, soil removal, creation of ponds, installation of a swimming pool X
23. Preliminary plans for a mobile home park X
24. Erection of essential public service local distribution lines X
25. Construction, erection or relocation of permitted accessory buildings and structures less than 200 square feet in area accessory to a multiple-family, commercial, office, essential public service, or municipal or industrial use X
26. Permitted state licensed residential facilities in single-family zoning districts X
27. Internal construction or changes in the floor plan that do not increase gross floor area, increase the intensity of use or affect parking requirements on a site X
28. Repairing or restriping of parking lots X
29. Construction or erection of directional signs, retaining walls, fences, sidewalks, antennas, lights, piles, cooling/heating or other mechanical equipment, telephone booth, newspaper boxes or similar structures which conform to other city standards X
30. A change in permitted use within an approved shopping center (if parking is adequate and signs and landscaping are conforming) X
31. Uses and facilities which use, store, or generate hazardous substances in quantities greater than 250 pounds per month or 25 gallons per month, whichever is less X
32. Industrial development within 500 feet of a residential district (whether a permitted or special land use) X

 

(Ord. No. 802, § 1, 12-14-2020)