Vicksburg City Zoning Code

Site plan required. Site plan approval shall be required for the development of any new use, the construction of any new structures, any change to the footprint or height of an existing structure, and all other building or development activities, with the exception of the following activities, when they do not accompany an activity that requires site plan approval:

In lieu of site plan review conducted by the Planning Commission, the Zoning Administrator or designee, may review and approve, deny, or approve with conditions, site plans, or minor amendments to approved site plans if:

Submission of site plan for formal review. In order to initiate formal review by the Planning Commission, the applicant is required to submit the materials listed below, as well as all required fees, to the Village. Electronic submission is permitted.

Distribution of plans. Upon submission of all required application materials, the site plan proposal shall be reviewed by responsible agencies (planning and zoning, engineering, fire, etc.). Once the application material has been determined to be complete and accurate, it may be placed before the Planning Commission for further review. The site plans and application shall be distributed to appropriate officials for review.

Planning commission review. The Planning Commission shall review the site plan proposal and any requested reports and recommendations from the Zoning Administrator and/or reviewing agencies. The Planning Commission shall then make a final decision, based on the requirements and standards of this chapter. The Planning Commission may approve, approve with conditions, deny, or they may table the proposal, as noted below.

Time period for obtaining approval. An applicant shall have a maximum of 18 months from the date of submitting a site plan for formal review to achieve final approval of the site plan, including compliance with all conditions. If approval is not achieved within this period, the application becomes null and void and a new application is required to pursue site plan review further.

Recording of site plan review action. Each action taken with reference to a site plan review shall be duly recorded in the minutes of the Planning Commission. The grounds for action taken upon each site plan shall also be recorded in the minutes.

Procedure after site plan approval.

Site plan violation. In the event that construction is not in compliance with the approved plans, the Zoning Administrator or his/her designee shall take corrective action, unless a revised site plan is submitted for Village review. If the builder or developer fails to take corrective action or pursue approval of an amended site plan, the Zoning Administrator or his/her designee may issue a citation, after which the Village Council may commence and pursue appropriate action in a court having jurisdiction.

Modification to approved plan. Modifications to an approved site plan shall be reviewed by, and may be approved by, the Zoning Administrator. The Zoning Administrator may determine that the requested revisions are substantial enough that a new site plan approval process, as described in this chapter, is required, and refer the site plan to the Planning Commission.

Each action related to modification of a site plan shall be duly recorded in writing on a copy of the approved plan and shall be kept on file at Village Hall. The Planning Commission shall be advised of all minor site plan modifications approved by the Zoning Administrator.

Application form. The application form shall contain the following information:

Descriptive and identification data. Site plans shall consist of an overall plan for the entire development, drawn to a scale of not less than one inch = 20 feet for property less than one acre, one inch = 30 feet for property larger than one acre but less than three acres, and one inch = 50 feet for property larger than three acres, unless another scale is approved by the Zoning Administrator. Sheet size shall be at least 24 inches by 36 inches. The following descriptive and identification information shall be included on any site plans.

Site data. The Zoning Administrator may determine that any of the following required elements are not relevant to a given site plan and waive the requirement.

Building and structure details. The Zoning Administrator may determine that any of the following required elements are not relevant to a given site plan and waive the requirement.

Information concerning utilities, drainage, and related issues. The Zoning Administrator may determine that any of the following required elements are not relevant to a given site plan and waive the requirement.

Information concerning residential development.

Information applicable to mobile home parks.

Additional information.

Adequacy of information. The site plan shall include all required information in sufficiently complete and understandable form to provide an accurate description of the proposed uses and structures.

Site design characteristics. All elements of the site design shall be harmoniously and efficiently organized in relation to topography, the size and type of parcel, the character of adjoining property, and the type and size of buildings. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted by this chapter.

Compliance with district requirements. The site plan shall comply with the district requirements for minimum floor space, height of building, lot size, open space, density and all other requirements set forth in the schedule of regulations unless otherwise provided in this chapter.

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

Ingress and egress. Every structure or dwelling unit shall be provided with adequate means of Ingress and egress via public or private streets.

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

Public services. Adequate services and utilities, including water, sewage disposal, sanitary sewer, and stormwater control services, shall be available or provided, and shall be designed with sufficient capacity and durability to properly serve the development. All streets and roads, water, sewer, and drainage systems, and similar facilities shall conform to the design and construction standards of the Village or county, as appropriate.

Screening. Off-street parking, loading and unloading areas, outside refuse storage areas, and other storage areas that are visible from adjacent homes or from public roads, shall be screened by walls or landscaping of adequate height and shall comply with this chapter.

Coordination with adjacent sites. All site features, including circulation, parking, building orientation, landscaping, lighting, utilities, common facilities, and open space shall be coordinated with adjacent properties.

Modifications. Given the ever-changing nature of technology, uses and design standards, the Planning Commission shall have the ability to modify the requirements and provisions of this article and accept a less restrictive standard, subject to the applicant providing justification for such modifications.

Public hearing required. A public hearing shall be scheduled by the Village and held by the Planning Commission, with notice as required by the Michigan Enabling Act, before a decision is made on a Special Land Use request.

Planning commission action. The Planning Commission shall review the application for Special Land Use together with the public hearing findings and reports and recommendations from the Zoning Administrator, Village Public Safety officials, and other reviewers. The Planning Commission may approve, approval with conditions, or deny the Special Land Use application as follows:

Recording of action. Each action taken with respect to a Special Land Use shall be duly recorded in the minutes of the Planning Commission. The minutes shall record the findings of fact relative to each Special Land Use proposal, the grounds for the action taken, and any conditions imposed in conjunction with approval.

Effect of approval. Upon approval, a Special Land Use shall be deemed a conforming use permitted in the district in which it is proposed, subject to any conditions imposed and final approval of the site plan. Such approval shall affect only the lot or portion thereof on which the proposed use is located. Such approval shall remain valid regardless of change of ownership.

Zoning Board of Appeals authority. The Zoning Board of Appeals shall not have the authority to consider an appeal of a decision concerning a Special Land Use proposal. The ZBA shall have the authority to consider variances associated with a Special Land Use that relate to specific requirements of this chapter, but not to the approval or denial or imposition of conditions regarding the Special Use as a whole.

Application for a building permit. Prior to issuance of a building permit, the applicant shall submit proof of the following:

Expiration of Special Land Use approval. If construction has not commenced, or if the project has commenced but has not made reasonable progress within 18 months after final approval, the approval becomes null and void and a new application for Special Land Use approval shall be required. However, the applicant may apply in writing to the Planning Commission for an extension of Special Land Use approval. The Planning Commission may grant one or more extensions of up to a total of 18 months, upon request from the applicant prior to expiration of the previous approval and provided that it finds that the approved Special Land Use plan conforms to current Zoning Ordinance standards.

Modification to approved Special Land Use. Special Land Use approval in accordance with provisions of this section may subsequently be modified, subject to a revised application being submitted, including payment of a fee, which shall be equal to half the fee for the original approval, notice provided to the public as required for all Special Use applications, and subject to the following requirements:

Special land use violation. In the event that construction or subsequent use is not in compliance with the approved Special Land Use application, the Zoning Administrator or his/her designee shall take corrective action, unless a revised Special Land Use application is submitted for Village review, following the normal Special Land Use review procedures. If the builder, developer, or current user fails to take corrective action or pursue approval of an amended plan, the Zoning Administrator or his/her designee may issue a citation, after which the Village Council may commence and pursue appropriate action in a court having jurisdiction.

Performance guarantee. The Planning Commission may require that a performance guarantee be deposited with the Village to ensure faithful completion of the improvements.

Compatibility with adjacent uses. The proposed Special Land Use shall be designed, constructed, operated and maintained to be compatible with uses on surrounding land. The site design of the proposed Special Land Use shall minimize the impact of site activity on surrounding properties. In determining whether this requirement has been met, consideration shall be given to:

Compatibility with the Master Plan. The request satisfies the goals, objectives, narrative, and intent of the Village Master Plan.

Public services. The proposed Special Land Use shall be located so as to be adequately served by essential public facilities and services, such as highways, roads, police and fire protection, drainage systems, water and sewage facilities, and schools, unless the proposal contains an acceptable plan for providing necessary services or evidence that such services will be available by the time the Special Land Use is established.

Impact of traffic. The arrangement of public and common ways for vehicular and pedestrian circulation shall respect the pattern of existing or planned streets or pedestrian or bicycle pathways in the vicinity of the site. The width of streets shall be appropriate for the volume of traffic they will carry, based on Kalamazoo County Road Commission standards. In order to insure public safety and promote efficient traffic flow and turning movements, the applicant may be required to limit street access points, construct a secondary access road, install traffic controls or signage, or otherwise modify the circulation plan.

Detrimental effects. The proposed Special Land Use shall not involve any activities, processes, materials, equipment, or conditions of operation, and shall not be located or designed so as to be detrimental or hazardous to persons or property or to public health, safety, and welfare. In determining whether this requirement has been met, consideration shall be given to the level of traffic, noise, vibration, smoke, fumes, odors, dust, glare, and light.

Compatibility with natural environment. The proposed Special Land Use shall be compatible with the natural environment and conserve natural resources and energy.

Recording. The Decommissioning Plan (Agreement) shall be in a form recordable at the Kalamazoo County Register of Deeds.

Life of project. State the anticipated life of the project.

Cost. Describe the estimated decommissioning costs in current dollars and provide that this figure will be updated every third-year after commercial operation of the facility/use. For the purpose of this provision, salvage value shall not be considered when determining decommissioning costs.

Conditions. Define the conditions upon which decommissioning will be initiated (example: end of lease; vacant use for 18 months, etc.).

Removal. State that all equipment, structures, fencing, roads, foundations and other non-natural improvements will be removed to a depth of four feet by the end of the decommissioning period.

Restoration. Require property to be restored as near as reasonably possible to the condition it was in prior to the development of the facility/use.

Timeline. Describe the timeframe for completion of decommissioning activities; however, such decommissioning shall be completed within 12 months of determination by the Village that the structure/facility is no longer being maintained in an operable state of good repair, unless the current responsible party provides substantial evidence to the Planning Commission of the intent to maintain and reinstate operations of the structure/facility.

Agreement: Describe any agreement (example: lease) with the landowner/property owner regarding decommissioning.

Responsible party. State the party currently responsible for decommissioning.

Updates. Describe any plans or circumstances requiring an update of the decommissioning plan.

General authority. The Zoning Board of Appeals (ZBA) shall have the authority to act on those matters where this chapter provides for administrative review/appeal, interpretation, or special approval/appeal, and shall have authority to authorize a variance as defined in this chapter and the laws of the State of Michigan. Such authority shall be subject to the rules and standards in this section. The ZBA shall not have the authority to alter or change zoning district classifications of any property, nor to make any change in the text of this chapter. The ZBA has no authority to grant variances to overturn decisions involving Special Land Uses or planned unit developments. The Village Council may require fees to cover the reasonable costs of ZBA processes.

Administrative review. The ZBA shall have authority to hear and decide appeals where it is alleged that there is an error in an order, requirement, permit, decision, or refusal made by an official, board or commission in carrying out or enforcing any provisions of this chapter. Such an appeal shall be requested by the applicant within 30 days of the date of the order, refusal, requirement, or determination being appealed.

Interpretation. The ZBA shall have authority to hear and decide requests for interpretation of the Zoning Ordinance, including the zoning map. The ZBA shall make such decisions so that the spirit and intent of this chapter shall be observed. Text interpretations shall be limited to the issues presented and shall be based upon a reading of the Ordinance as a whole and shall not have the effect of amending the Ordinance. Map interpretations shall be made based upon rules in the Ordinance, and any relevant historical information. In carrying out its authority to interpret the Ordinance, the ZBA shall consider reasonable and/or practical interpretations which have been consistently applied in the administration of the Ordinance. Prior to deciding a request for an interpretation, the ZBA may confer with staff and/or consultants to determine the basic purpose of the provision subject to interpretation and any consequences which may result from differing decisions. A decision providing an interpretation may be accompanied by a recommendation for consideration of an amendment of the Ordinance.

Variances. The ZBA shall have authority in specific cases to authorize one or more dimensional or "non-use" variances from the strict letter and terms of this chapter by varying or modifying any of its rules or provisions so that the spirit of this chapter is observed, public safety secured, and substantial justice done. A dimensional or non-use variance allows a deviation from the dimensional (i.e., height, bulk, setback) requirements of the Ordinance. A use variance authorizes the establishment of a use of land that is otherwise prohibited in a zoning district. The ZBA is not authorized to grant use variances by this chapter. Such authority shall be exercised in accordance with the following standards.

Conditions. The ZBA may impose reasonable conditions in connection with an affirmative decision on an appeal, interpretation or variance request. Conditions imposed shall meet the following requirements:

Conditions imposed with respect to the approval of a variance shall be recorded as part of the ZBA minutes, and shall remain unchanged except upon the mutual consent of the ZBA and the landowner following notice and hearing as required in a new case.

Application. All applications to the ZBA shall be filed with the Village, on forms provided by the Village, and shall be accompanied by the applicable fee established by resolution of the Vicksburg Village Council. Applications shall include one individually folded copy and one digital copy of all plans, studies and other information and data to be relied upon by the applicant. Additional copies of the application material may be requested from Village staff at their discretion. These materials shall be submitted to the Village no later than 30 days prior to the Zoning Board of Appeals meeting at which the review is requested.

Plot plan. A plot plan shall be required with all variance requests. The plan, which shall accompany all variance requests, shall be based on a mortgage survey or land survey prepared by a licensed land surveyor. The plan shall be to scale and shall include all property lines and dimensions, setbacks and all existing and proposed structures.

Applications involving an appeal of administrative order. In a case involving an appeal from an action of an administrative official or entity, the administrative official, or the clerk or secretary of the administrative entity, as the case may be, upon notice from the Zoning Department, shall transmit to the ZBA copies of all papers constituting the record upon which the action was taken, together with a letter specifying an explanation of the action taken.

Consent of property owner required. Applications to the ZBA shall be made with the full knowledge and written consent of all owners of the property in question. This requirement shall include the consent of a land contract seller to the relief sought by a land contract purchaser.

Notice. Notice of a public hearing concerning a request for a dimensional variance, interpretation of the zoning ordinance, or an appeal of an administrative decision shall be given as follows:

Stay of proceedings. An appeal shall have the effect of staying all proceedings in furtherance of the action being appealed unless the officer or entity from whom the appeal is taken certifies to the ZBA that, by reason of facts stated in such certification, a stay would in his or her opinion cause imminent peril to life or property, in which case proceedings shall not be stayed unless specifically determined by the ZBA, or by a court of competent jurisdiction.

Decision by the Zoning Board of Appeals. The concurring vote of a majority of the membership of the ZBA shall be necessary to reverse any order, requirement, decision, or determination of an administrative official, board, or commission made in the administration of this chapter, to decide in favor of an applicant on any matter upon which the ZBA is required to pass under this chapter, or to grant a non-use variance from the terms of this chapter.

The ZBA may reverse, affirm, vary of modify any order, requirement, decision, or determination presented in a case within the ZBA's jurisdiction, and to that end, shall have all of the powers of the officer, board or commission from whom the appeal is taken, subject to the ZBA's scope of review, as specified in this chapter and/or by law. The ZBA may remand a case for further proceedings and decisions, with or without instructions.

Decision final. A decision by the ZBA shall be considered final as of the meeting at which the decision has been made, and the date of such meeting shall be deemed to be the date of notice of the decision to the applicant. To the extent that decisions are requested or required to be in writing, the minutes of the ZBA meeting, and decision, as proposed under supervision of the secretary, shall constitute the written decision.

Period of validity. Any decision of the ZBA favorable to the applicant shall remain valid only as long as the information and data relating to such decision are found to be correct, and the conditions upon which the decision was based are maintained. The relief granted by the ZBA shall be valid for a period not longer than one year, unless otherwise specified by the ZBA, and within such period of effectiveness, actual on-site improvement of property in accordance with the approved plan and the relief granted, under a valid building permit, must be commenced or the grant of relief shall be deemed void.

Record of proceedings. The Secretary of the Zoning Board of Appeals, in collaboration with Village administrative staff, shall prepare and keep minutes of the ZBA proceedings, showing the findings, decisions, conditions, if any, and votes of each member in each case, including a member's absence or failure to vote. The minutes shall be within the ultimate authority, and shall be the responsibility, of the secretary of the ZBA, and shall be subject to approval of the ZBA. To the extent that a written decision in a case is requested or required, the minutes, prepared under the supervision of the ZBA secretary, along with the plan submitted, shall serve as the written decision, even if the minutes are awaiting final ZBA approval.

Appeal of a ZBA decision. Appeals of a ZBA decision shall be taken in the manner provided by law.

New application for variance. If the ZBA denies a request for a variance, the decision of the ZBA shall not be subject to re-consideration for a period of one year, whereupon the applicant may submit a new application for the variance. However, the ZBA may waive the one-year period if conditions upon which their original decision was made change, or if information relating to the original decision are found to be incorrect or inaccurate.

Applicant's name, address, and telephone number.

Scale, north point, and dates of submittal and revisions.

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

Existing lot lines, building lines, structures, parking areas, driveways, and other improvements on the site and within 50 feet of the site.

Proposed lot lines and lot dimensions, and general layout of proposed structures, parking areas, driveways, and other improvements on the site.

Dimensions, centerlines, and right-of-way widths of all abutting streets and alleys, both public and private.

General location of existing drainage courses, floodplains, lakes and streams, and woodlots.

All existing and proposed easements.

Location of sanitary sewer or septic systems, existing and proposed.

Location and size of water main, well sites, and building services, existing and proposed.

Optional Conditional Rezoning (CR) Agreement. A CR Agreement, which is voluntarily offered by the applicant (or designee), may be submitted. If submitted, the Agreement shall set forth the Rezoning Conditions, together with any other term mutually agreed upon by the parties, including the following terms:

Planning Commission review. The petition shall be placed on the agenda of the next regularly scheduled meeting of the Planning Commission, subject to meeting all notification requirements. The Planning Commission shall review the petition for amendment in accordance with the procedures and public hearing and notice requirements set forth in Michigan Public Act 110 of 2006, as amended, and schedule a public hearing for the request on the next available Planning Commission agenda.

Action by the Planning Commission. Following the hearing on the proposed amendment, the Planning Commission shall make written findings of fact which it shall transmit to the Village Council, together with the comments made at the public hearing and its recommendations.

Action by the Village Council. The Village Council may hold additional hearings if the Council considers it necessary, following the hearing and notice requirements of Michigan Public Act 110 of 2006, as amended. The Council may by majority vote of its membership adopt the proposed amendment, reject the proposed amendment, or refer the proposed amendment back to the Planning Commission for further review and recommendation within a specified time period. Thereafter, the Council may either adopt the amendment with or without the recommended revisions or reject it.

Review considerations. The Planning Commission and Village Council shall at minimum, consider the following before taking action on any proposed amendment.

Notice of record of amendment adoption. Following adoption of an amendment by the Village Council, one notice of adoption shall be filed with the Village Clerk and one notice shall be published in newspaper of general circulation in the Village within 15 days after adoption, in accordance with Michigan Public Act 110 of 2006, as amended. A record of all amendments shall be maintained by the Clerk. A master Zoning Map shall be maintained by the Village, which shall identify all map amendments.

Effects of approval of a Conditional Rezoning Agreement. If a Conditional Rezoning Agreement has been approved, the use of property in question shall conform to all regulations governing development and use in the zoning district to which the property has been rezoned, subject to the following:

In addition, the violator shall pay costs which may include all expenses, direct and indirect, which Village of Vicksburg has incurred in connection with the municipal civil infraction.

Upon notice of a violation, the appropriate Village employee shall investigate any violation and then make a determination as to whether the penalty shall be imposed. This municipal civil infraction ticket shall serve as notice of the alleged violation. The imposition of a municipal civil infraction fine for any violation shall not excuse the violation or permit it to continue. Further violations subject the owner or occupant, or person or persons, agent, firm or corporation to subsequent municipal civil infraction violations.

Furthermore, the owner or tenant of any building, structure, premise, or part thereof, and any architect, engineer, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains any violation of the Ordinance may each be found guilty of a separate offense and may be subject to the penalties provided herein. The cost of prosecution shall also be assessed against the violator.

The imposition of any sentence shall not exempt the offense from compliance with the requirement of this chapter.

Notice shall be sent by mail or personal delivery to the owners of property for which approval is being considered.

Notice shall be sent to all persons to whom real property is assessed within 300 feet of the property and to the occupants of all structures within 300 feet of the property, including the owners or occupants of structures located in adjacent cities or townships. If the name of the occupant is not known, the term "occupant" may be used in making notification.

All notice delivered by mail or personal delivery must be given not less than 15 days before the date of the public hearing. Notice shall be deemed mailed by its deposit in the United States mail.

The Village shall prepare a list of property owners and occupants to whom notice was mailed or delivered.

Content. Any notice published in a newspaper or delivered by mail or personal delivery shall: