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Wayne City Zoning Code

CHAPTER 1224

Zoning Permit & Site Plan

1224.01 INTENT.

   Wayne’s zoning permit and site plan review procedures and standards provide a consistent method of review for proposed development plans, to ensure full compliance with the regulations and standards contained in this Zoning Code and other applicable ordinances and laws, including the Michigan Building Code, as amended. These provisions encourage cooperation and consultation between the City and applicants to facilitate development in accordance with Wayne’s land use goals and objectives. Such considerations are especially important regarding the proximity of business, industrial, and parking uses to residential areas and the overall quality of all development.
(Ord. 2023-01. Passed 2-7-23.)

1224.02 REVIEW PROCESSES.

   (a)   Filing. Any person owning or having an ownership interest in a parcel of land may file for a zoning permit or site plan approval.
   (b)   Fee. Applications must be accompanied by the appropriate fee as provided for in Chapter 210 of the Administration Code.
   (c)   Review Required. All new businesses and structures – including a change of ownership or use for an existing structure (unless otherwise specifically excluded) must comply with the zoning permit procedure or with the site plan procedure as outline in this chapter.
 
(Ord. 2023-01. Passed 2-7-23.)

1224.03 ZONING PERMIT REVIEW REQUIRED.

   (a)   Zoning Permit Necessary. Any new business or business that expands, relocates, or occupies an additional site or has a change of ownership (except those requiring site plan review per Section 1224.02 ), must obtain and complete the requirements of a zoning permit, including certification of occupancy/compliance before occupancy.
   (b)   Review by the Community Development / Planning Department. Along with verifying a permitted use, a zoning permit requires compliance with:
      (1)   Paved, off-street parking requirements (Chapter 1220: Parking and Circulation).
      (2)   Adequate lighting for safety.
      (3)   Signage, including removal of all nonconforming and unused signs.
      (4)   All dumpsters must be enclosed; where a dumpster is not necessary for the use, an alternative written plan must be provided.
      (5)   Proper storage.
      (6)   Clean, presentable, exterior building surfaces.
      (7)   Site kept free of debris.
      (8)   Removal of existing violations related to a fence, sidewalk, hanging, wires, broken windows, graffiti, and any other violation that may exist on the property.
      (9)   Wayne County Stormwater Ordinance.
      (10)   Any other conditions that do not meet the intent of the Zoning Code not specifically mentioned above.
   (c)   Review by the Building Official. Within nine-months of the initially approved zoning permit by the Community Development / Planning Department, the business must obtain a certificate of occupancy from the Building Department, unless the Building Official determines that is reasonable to grant one extension of six-months. The Building Official then reviews the zoning permit as follows:
      (1)   For buildings with no change of use (per the State of Michigan Building Code), a certificate of compliance is required per the International Property Maintenance Code.
      (2)   For buildings with a change of use (per the State of Michigan Building Code), a certificate of occupancy. A certificate of occupancy requires all necessary architectural plans and permits, as required per State of Michigan Codes.
(Ord. 2023-01. Passed 2-7-23.)

1224.04 SITE PLAN APPROVAL REQUIRED.

   (a)   A building permit cannot be issued for the establishment of any use as noted in subsection (b) below, or for the construction of any building to be used in conjunction, until the Planning Commission and City Council have issued approval following their review of a submitted and complete site plan.
   (b)   Site plan approval by the Planning Commission and City Council is required for:
      (1)   All new construction, building additions, additional buildings, new off-street parking facilities, or the altering of at least thirty percent of the total structure. However, if the only alteration of the site is the improvement, reconfiguration, and/or loss of parking, the change may be approved by the Departments of Community Development / Planning and Engineering, as part of an administrative review.
      (2)   Any development which requires special land use approval.
      (3)   Planned Residential District (PRD) and Planned Unit Development (PUD) projects.
      (4)   Site condominiums, including amendments.
   (c)   Administrative Review. Administrative review by the Community Development / Planning Department is acceptable for any changes to an existing façade.
   (d)   The following are exempt from site plan review by the Planning Commission and City Council:
      (1)   One- and two-family residential structures and their accessory structures.
      (2)   Installation of signage/awnings (new or replacement).
      (3)   Repair/re-roofing of a structure.
      (4)   Repair/replacement of the mechanical parts of a building such as, but not limited to the furnace, hot water tank, toilet, or sink.
      (5)   Repairs as a result of fires or acts of God (when less than fifty-one percent).
      (6)   Other minor alterations to an approved site plan, as determined by the Community Development / Planning Department (see Section 1224.09).
(Ord. 2023-01. Passed 2-7-23.)

1224.05 SITE PLAN PRE-APPLICATION MEETING.

   (a)   To facilitate review of a site plan proposal in a timely manner, the applicant can request an informal pre-application meeting with either City staff/consultants, and/or with the Planning Commission. The meeting is an opportunity to exchange information and provide guidance to the applicant that will assist in preparation of the formal application submission.
   (b)   The following are recommended draft materials for the applicant to prepare and share with the City, prior to the pre-application meeting (as applicable):
      (1)   A concept plan of the proposed site improvements/modifications.
      (2)   The total land area of the project site and dimensions such as building height, setbacks, etc.
      (3)   The approximate number of residential units and/or the gross and usable floor area of non-residential uses.
      (4)   Areas to be designated as common areas, landscaping, or usable open spaces.
      (5)   General location and amount of parking areas.
      (6)   A project narrative (description of the use, hours of operation, etc.).
   (c)   No formal action will be taken at a pre-application meeting, nor will any statements made be considered legally binding commitments.
(Ord. 2023-01. Passed 2-7-23.)

1224.06 REQUIRED SITE PLAN INFORMATION.

   (a)   Every site plan submitted must be signed and sealed by a licensed professional (architect, engineer, surveyor, or landscape architect) and drawn to scale.
   (b)   At a minimum, complete site plans must contain the following information (as applicable):
      (1)   Owner's name and address (as well as the applicants, if different).
      (2)   Date (month, day, and year).
      (3)   Title block, scale, and north point.
      (4)   Legal description, zoning classification, zoning of abutting properties, and location sketch.
      (5)   Site topography (and fifty-feet beyond the site) at two-foot contour intervals.
      (6)   Lot lines and building lines, and their dimensions, within 100-feet.
      (7)   Required and proposed dimensions (including lot coverage, building setbacks, height, etc.).
      (8)   Dimensioned floor plans, with the usable and gross floor area of all buildings, and information regarding the maximum number of employees, etc.
      (9)   Dimensioned building elevations (with materials labeled) and colored architectural renderings.
      (10)   Centerline and existing and proposed right-of-way lines.
      (11)   Off-street parking plan per the standards of Chapter 1220 (including dimensioned parking spaces, ADA parking, loading zones, driveway aisles, curb cuts, fire lanes, sidewalks, and acceleration, deceleration, and passing lanes).
      (12)   Location and screening of ground and/or roof mounted equipment.
      (13)   Existing drainage courses, floodplains and lake or stream elevations.
      (14)   The general location and size of utilities (color coded by utility for ease of understanding), including:
         A.   Water mains, hydrants and building services.
         B.   Sanitary sewers and building leads.
         C.   Storm sewers, site grading, drainage, and retention basins.
         D.   Electrical and gas services.
      (15)   Photometric plan and cut sheets of all proposed light fixtures.
      (16)   Landscape plan (with the species and planting size of all plant material).
      (17)   Details of fences, dumpster enclosure, and other elements.
      (18)   Size and location of all proposed signage.
   (c)   Information must be submitted indicating whether the site plan has been approved by any other person or agency that has authority to approve the site plan, such as Wayne County.
   (d)   The site plan must show any portions of the property, if any, which are affected by applicable state, federal, county or City regulations, statutes, ordinances, etc.
   (e)   The site plan or other materials must include any additional information which may be requested by the Planning Commission to assist it in its review of the proposed use and the effect of the proposed use on neighboring uses, structures, and public facilities, utilities, and infrastructure.
(Ord. 2023-01. Passed 2-7-23.)

1224.07 STANDARDS FOR SITE PLAN REVIEW.

   Site plans which relate to all uses or structures (permitted and special land uses) may not be approved unless the Planning Commission and City Council affirmatively determines that each of the following standards have been fulfilled:
   (a)   Site Use(s) and Coordination. The relationship between the proposed use(s) on the site must be designed and located so that the development is aesthetically pleasing and harmonious with adjacent existing and prospective development of contiguous properties and the general planning area. All site features, including vehicle and pedestrian circulation, building orientation, landscaping, lighting, utilities, recreation facilities, and open spaces must coordinate with adjacent properties and uses.
   (b)   Site Design. The location and use of all structures and elements of the site must be harmoniously and efficiently organized in relation to topography, parcel configuration, adjacent properties, traffic operations, adjacent streets and driveways, pedestrian access, and the type and size of buildings. The site design also ensures that adequate light and air are preserved so as not to be detrimental to the orderly and harmonious development of the community.
   (c)   Preservation of Site Features. To the extent feasible, the site must conserve natural, cultural, historical, and architectural site features, including, but not limited to, architecturally or historically significant buildings, wetlands, topography, and wooded areas.
   (d)   Impact upon Public Services. Utility services must not exceed the existing or planned capacity of such services and must be developed in the best interest of the public health, safety, and welfare of the community. The development must be designed and located so that public services, including streets and sidewalks, police and fire protection, and public schools have sufficient capacity to properly serve the development, and so that such services will not be adversely affected by the proposed development.
   (e)   Vehicular Access and Circulation. The vehicular circulation system must be in the best interest of the public health, safety, and welfare in regards to on-site circulation, on-site parking, the overall circulation of the neighborhood and community, egress/ingress to the site, vehicular turning movements related to parking areas, loading areas, street intersections, street gradient, site distance and hazards to the normal flow of traffic both on- and off-site, as referenced in Chapter 1220 .
   (f)   Parking and Loading. The parking pattern proposed shall be in the best interest of the public health, safety, and welfare regarding size, layout and quantity, and the location of parking and loading facilities will not be detrimental to nearby developments, properties, or public streets.
   (g)   Pedestrian Access and Circulation. The pedestrian circulation system must be in the best interest of the public health, safety, and welfare regarding onsite circulation and the overall pedestrian circulation of the neighborhood and community.
   (h)   Emergency Access and Vulnerability to Hazards. All sites and buildings must be designed to allow convenient and direct emergency access of the Fire and Police Departments.
   (i)   Landscaping, Screening, and Buffering. Landscaping, screening and buffer areas must be appropriate and of such size, location, height and quantity to ensure the development will not be objectionable to nearby development or properties by reason of noise, fumes, flash of lights from automobiles or other lighting, interference with an adequate supply of light and air, an increase in the danger of fire, or other public safety hazard. Screening must be provided in a manner that adequately buffers adjacent land uses and screens off-street parking, mechanical appurtenances, loading zones, and storage areas from adjacent residential areas and rights-of-way.
   (j)   Building Design and Architecture. Building design and architecture must relate to and be harmonious with the surrounding neighborhood in terms of texture, scale, mass, proportion, materials, and color.
   (k)   Exterior Lighting. All exterior lighting fixtures must be designed, arranged and shielded to minimize glare and light pollution, prevent night blindness and vision impairments, and maximize security.
(Ord. 2023-01. Passed 2-7-23.)

1224.08 CONFORMITY TO AN APPROVED SITE PLAN.

   (a)   Property, which is the subject of site plan approval, must be developed in strict compliance with the approved site plan, inclusive of any amendments, which have received the approval of the Planning Commission.
   (b)   Approval of the site plan is valid for a period of one-year. If a building permit has not been obtained and on-site development commenced within one-year, the site plan approval is void and a new application for site plan approval is required and new approval obtained before any construction or grading is commenced on the site. An extension request may be considered up to one additional year by the Planning Department.
(Ord. 2023-01. Passed 2-7-23.)

1224.09 AMENDMENT TO AN APPROVED SITE PLAN.

   (a)   Minor revisions to an approved site plan may be administratively reviewed by the Departments of Planning and Engineering, provided that such changes do not materially alter the approved site design, intensity of use or demand for public services. The Departments of Planning and Engineering must verify that the proposed development complies with all requirements of this Zoning Code.
   (b)   Where a mutual agreement cannot be reached, or where, in the opinion of the Departments of Community Development and Engineering, the proposed development warrants a more intensive review, formal application for site plan review by the Planning Commission and City Council is required.
(Ord. 2023-01. Passed 2-7-23.)