(1)

Site plan review is required to provide city staff and the planning commission with the opportunity to review the proposed use of a site in relation to surrounding uses, planned future development, accessibility, pedestrian and vehicular circulation, roadway traffic, spatial relationships, off-street parking, public utilities, general drainage, environmental characteristics and other site elements which may affect the public health, safety, and general welfare, and its relationship and harmony with city ordinances and plans.

(2)

Further, it is the intent of this article to require the eventual upgrade of redevelopment sites that do not conform with current standards of this article and ensure that the arrangement, location, design and materials within a site are consistent with the character of the city and the goals and design guidelines in the City of Wyoming Land Use Plan.

(Ord. No. 3-12, § 8, 3-5-12)

(1)

There shall be two levels of site plan review:

(a)

Sketch plan. A sketch plan level review is required for certain activities of a less intensive nature. Small-scale expansions of structures and change of uses may be eligible for sketch plan review.

(b)

Full site plan review. A full site plan level review is required for all new nonresidential uses and multiple-family residential uses.

(c)

Full site plan and sketch plan reviews and approvals shall be required for the activities or uses listed in table 90-502, plan review requirements.

(d)

Specific site plan detail requirements, and review processes, for particular land uses identified within this ordinance (i.e., wind energy turbines, communication towers, auto plant development), shall have precedent over the more general regulations of this article.

(2)

Approvals are obtained from the planning commission (PC), city council (CC), city planner (CP), or building official (BO) depending upon the nature of the proposal. Site plan reviews by the city planner or building official shall be administrative.

(Ord. No. 3-12, § 8, 3-5-12)

Sketch plans and full site plans and must be submitted in accordance with the following procedures and requirements:

(1)

Submittal. The application shall be submitted by the owner of an interest in the land for which site plan approval is sought, or the designated agent of the owner. The application shall include a complete sketch plan or full site plan that includes the information required by section 90-1003. The plans shall be of the required size, format, and of the appropriate number, as set by city policy. The applicable review fees shall also be provided as set by the city council. Applicants are encouraged to obtain a pre-application conference with the city planner for the purpose of determining the approval type and process that shall be followed to obtain project approval. The meeting is a nonbinding and informal review of the proposal. It is intended to provide information to the applicant on the procedures, ordinance requirements, and policies of the city. It does not confer upon the applicant any development approvals or other rights.

(2)

Administrative review by the city planner or building official. The city planner or building official shall conduct administrative reviews, with consideration by other city departments or agencies, as appropriate. Following the administrative review, the applicant shall revise the plan as necessary and provide revised plans for follow-up review. Once the city planner or building official determines the plans to be compliant, the plans shall be certified as approved with any conditions noted. The applicant shall have the right of appeal to the planning commission from any decision made on the sketch/ full site plan by the city planner or building official.

(3)

Planning commission review.

(a)

Application and review. Where planning commission review is required, the planning commission shall review the plans, together with the report and recommendations from staff, and any other agencies, as appropriate.

(b)

Planning commission action. The planning commission shall make a determination based on the requirements and standards of this article to approve, approve with conditions, postpone a decision, or deny approval of the plan. If approved, any conditions shall be made part of the motion, and documented in the planning commission's minutes.

(4)

Recording of site plan review action. The site plan shall be revised to reflect any conditions of approval and resubmitted to the planning department. The city planner shall review the revised plans for compliance with conditions of site plan approval. The city planner may grant final approval if he finds the site plan to properly address the required revisions and conditions and otherwise complies with this article. Copies of the approved site plan will be filed with the planning department, building department, and the engineering department.

(5)

Board of zoning appeals. In any instance where the need for a variance from the board of zoning appeals is determined to be required, the plan review process shall be completed prior to BZA review.

(6)

Building permit. An application for a building permit may be submitted at any time during the sketch/full site plan review process. A building permit shall not be issued until final approval of the site plan, sketch plan or special use, and any other plans as required. The applicant is responsible for obtaining all other applicable federal, state, county, city or utility permits. These permits shall be provided to the appropriate city departments prior to the issuance of building permits and before substantial development activity takes place.

(7)

Expiration. If construction encompassing a minimum of 25 percent of the gross floor area of new buildings or additions, or site development areas involving no building construction, has not commenced within two years of site plan approval, approval becomes null and void and a new application for site plan review shall be required. The applicant may request, and the appropriate reviewing authority may grant, up to a one-year extension, provided a written request is received prior to the expiration date.

(8)

Property maintenance. The owner of a property shall be responsible for maintaining the property on a continuing basis as required by the approved site plan until the property is razed, until new zoning regulations supersede the regulations upon which site approval was based, or until a new site plan approval is sought. Changes to the property that are determined by the city to be detrimental or inconsistent with the original design authorization shall require approval of the city under the requirements of this article. This maintenance requirement includes healthy landscaping, walls, fences, pavement, pavement markings, signs, building exterior, drainage facilities and all other elements of a site. Any property owner who fails to maintain a property in compliance with an approved site plan shall be deemed in violation of this article and a nuisance per se.

(Ord. No. 3-12, § 8, 3-5-12)

The data listed in Table 90-504, site plan submittal requirements, shall be included with and as part of the site plan(s) or sketch plan(s) submitted for review unless waived in writing by the city planner or building official. Uses requiring site plan/sketch plan review are identified in Table 90-502.

(1)

Items not provided. If any of the items are missing and have not been waived by the city planner or building official, the site plan shall list each missing item and the reason(s) why each listed item is not considered applicable. The city planner or building official shall determine if the missing item(s) must be included before allowing the application to move forward. An application shall not be considered complete and shall not move forward unless all items have been submitted and any waivers have been approved by the city planner or building official.

(2)

Additional requirements. The city planner or the planning commission may require additional data to be included with the site plan(s) or sketch plan(s) where determined necessary by the nature of the proposed use or site conditions.

(3)

Traffic impact analysis. For projects expected to have 50 or more peak hour directional trips or 500 or more vehicle trips daily, the application shall include a traffic impact analysis, unless waived in whole or in part under the requirements of subparagraph (i), below. Contents of the traffic impact study shall include:

(a)

Illustrations and a narrative which describes the study area and existing operations for the street system (right-of-way, functional classification, lane configuration, speed limits, any sight distances limitations, driveways on both sides of streets adjacent to the site, current traffic conflicts, etc.).

(b)

An evaluation for the a.m. and p.m. peak hour of both the use(s) and adjacent street system. This level of service evaluation shall be conducted for representative uses allowed under both the current and requested zoning districts. For uses expected to generate more than 100 peak hour directional trips or 750 trips daily, an evaluation of operations at major signalized or non-signalized intersections in proximity to the site is required in addition to site access points.

(c)

A table that describes the peak hour and daily trips for representative uses under both the current and requested zoning district. The city may require concept or schematic drawings or other information to confirm the size of development permitted under each scenario.

(d)

The traffic impact analysis shall be developed in accordance with accepted practices in Michigan. The preparation shall be conducted by a qualified traffic engineering professional. Traffic count data shall be collected using accepted practices and shall not be over two years old. The forecasts shall be based on the data and procedures outlined in the most recent edition of trip generation published by the Institute of Transportation Engineers (ITE). The applicant may use other commonly accepted sources of data or supplement the standard data with data from at least three projects in similar locations in Michigan.

(e)

The traffic study shall provide at least three levels of analysis: current conditions, project impacts (projects permitted under requested zoning + existing), and future conditions (existing + project traffic + background traffic growth + traffic associated with other developments in the immediate area approved or under construction). The city may require corridor level computer modeling when multiple uses or projects are being considered.

(f)

Any trip reduction for pass by trips, transit, ridesharing, other modes, internal capture rates, etc. shall be based both on ITE findings and documented survey results acceptable to the city. The community may elect to reduce the trip reduction rates used.

(g)

The report shall evaluate the design of proposed access including: any sight distance limitations, proper spacing, and relationship to other access points, and potential for shared access facilities.

(h)

The study shall outline mitigation measures and demonstrate any changes to the level of service achieved by these measures. Any alternatives or suggested phasing of improvements should be described. The mitigation measures may include items such as roadway widening, need for bypass lanes or deceleration tapers/lanes, changes to signalization, use of access management techniques, or a reduction in the proposed intensity of use. Proposed mitigation measures must be acceptable to the applicable road agency (city, Kent County, or MDOT). The responsibility, timing of roadway improvements, and relationship to available right-of-way shall be described.

(i)

The requirement for a traffic impact study, or the specific study elements required may be waived or modified by the city. Reasons for the waiver or modification shall be documented. Factors to be considered include:

1.

Roadway improvements are scheduled which are expected to mitigate any impacts associated with the proposed project.

2.

The existing level of service is not expected to be significantly impacted by the proposed project due to specific conditions at this location.

3.

A similar traffic study was previously prepared for the site and is still considered applicable.

(Ord. No. 3-12, § 8, 3-5-12)

Site plan or sketch plan approval shall be granted only if the site plan or sketch plan meets all applicable standards set forth in this article and as outlined below:

(1)

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 use(s) and structure(s).

(2)

Buildings. Buildings and structures shall meet the minimum dimensional requirements of this article. Redevelopment of nonconforming structures shall bring the site into closer conformity to the extent deemed practical by the review authority. Expansions to nonconforming buildings shall be as provided for in section 90-903.

(3)

Privacy. The site design shall provide reasonable visual and sound privacy for dwelling units located adjacent to the site. Walls, berms, barriers and landscaping shall be used, as appropriate, for the protection and enhancement of property and the privacy of adjacent uses.

(4)

Preservation of natural areas. The landscape shall be preserved in its natural state, insofar as practicable, by strategic building placement, minimizing tree and soil removal, alteration to the natural drainage courses, and the amount of cutting, filling and grading. Insofar as practical, natural features and the site topography shall be incorporated into the proposed site design.

(5)

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

(6)

Soil erosion. Measures are included to prevent soil erosion and sedimentation.

(7)

Ingress and egress. Every structure and dwelling unit shall be provided with adequate means of ingress and egress via public streets and walkways. Access to the site shall be located and designed to ensure minimal impact on the safety and efficiency of traffic flow along all adjoining roadways. All access points shall comply with the access management requirements of section 90-603.

(8)

Emergency vehicle access. All buildings and site circulation shall be arranged to permit emergency vehicle access by practicable means to all buildings and areas of the site.

(9)

Vehicular circulation layout. The arrangement of public or common ways for vehicular and pedestrian circulation shall respect the pattern of existing or planned streets and pedestrian pathways in the area. Public streets adjacent or through the proposed development shall be required when it is essential to promoting and protecting public health, safety and general welfare and to provide continuity to the public road system.

(10)

Pedestrian circulation. The site plan shall provide a pedestrian circulation system which is insulated as completely as is reasonably possible from the vehicular circulation system.

(11)

Traffic impact. The expected volume of traffic to be generated by the proposed use shall not adversely affect existing roads and traffic patterns. Roadway access shall minimize excessive vehicle traffic on local residential streets to reduce the possibility of any adverse effects upon adjacent property. Projects expected to have 50 or more peak hour directional trips or 500 or more vehicle trips daily shall provide a traffic impact study, as outlined in subsection 90-504(3), above.

(12)

Public services. The scale and design of the proposed development shall facilitate the adequate provision of services currently furnished by or that may be required of the city or other public agency including, but not limited to, fire and police protection, stormwater management, sanitary sewage removal and treatment, traffic control and administrative services.

(13)

Site redevelopment. Redevelopment of existing sites shall conform to the site improvement provisions of this article to the extent deemed practical by the reviewing authority. The extent of upgrade to site improvements shall be relative to and proportionate with the extent of redevelopment or expansion in accordance with the nonconforming site requirements of section 90-903.

(Ord. No. 3-12, § 8, 3-5-12)

(1)

Minor changes. Prior to making any change to an approved site plan the applicant or property owner shall notify the city planner of any desired change. The city planner shall review the request and determine whether the requested change is minor or major. The following shall be considered minor changes:

(a)

Plantings approved in the landscape plan may be replaced by similar types and sizes of landscaping which provides a similar screening effect on an equal or greater basis.

(b)

Improvements to site access or circulation, such as deceleration lanes, boulevards, curbing, pedestrian/bicycle paths, but not the addition of new driveways.

(c)

Changes of building materials to another of higher quality, as determined by the city planner.

(d)

Changes required or requested by the city, county, state or federal agency for safety reasons or for compliance with applicable laws.

(e)

Revisions that do not alter the basic design, compliance with the standards of approval, nor any specified conditions of the approved site plan.

(f)

Situations the city planner deems similar to the above.

(2)

Major changes. All other changes not considered minor shall be considered a major change requiring a new application.

(Ord. No. 3-12, § 8, 3-5-12)

All special uses as provided in this chapter shall be approved by the planning commission in accordance with the following procedures and standards:

(1)

The procedure for a special use shall be as follows:

(a)

An application for a special use shall be submitted to the city planner, accompanied by development plans, which shall conform to all requirements of this chapter.

(b)

The planning commission shall conduct a public hearing on the application in accordance with the normal procedure for public hearings before the commission.

(c)

Following the hearing the planning commission may grant approval for said application, provided it shall find that the proposed use meets with the requirements of this section.

(2)

In granting approval for a special use, the planning commission may impose such requirements and conditions as may be necessary to protect neighboring property; promote public convenience, health, safety and welfare; or make the use conform more closely with the spirit, purpose and intent of this chapter.

(3)

In determining other requirements and whether the proposed use is essential and desirable, the following standards shall be followed by the planning commission:

(a)

The possible substantial and permanent adverse effect on neighboring property.

(b)

The consistency with the spirit, purpose and intent of this chapter.

(c)

The possible adverse effect upon traffic as related to the streets, churches, schools and any buildings within the immediate area.

(d)

The tendency of the proposed use to create any type of blight within the immediate area.

(e)

The economic feasibility for the area.

(f)

Any other factor as may relate to the public health, safety and welfare for persons and property.

(g)

That all other provisions of this chapter are met for the proposed use.

(4)

Prior to granting approval for or denying a special use application, the planning commission shall make findings of fact as to the above standards. If the planning commission fails to make findings of fact as required by this section, the special use shall be null and void and no building or occupancy permit shall be issued.

(5)

If any property functioning under a special use approval status ceases to be utilized for said special use for a continuous period of more than one year, then said special use status shall automatically be voided. Any application to reintroduce said special use must be processed in the same manner as a new special use, as required in this section.

The following conditions shall be met for all special use approvals granted by the planning commission:

Note—The requirements noted in this section are in addition to, or, where in conflict, supersede those general requirements for each zoning district. For all permitted uses after special approval, the planning commission shall conduct a public hearing. Following such hearing, the planning commission may grant approval for such application, provided it shall find the proposal is essential and desirable.

The planning commission may impose such requirements and conditions as may be necessary to protect neighboring property, promote public convenience, health, safety and welfare, or make the use conform more closely with the spirit, purpose and intent of this chapter. In determining other requirements and whether the proposed use is essential and desirable the following information shall be considered by the planning commission:

(1)

The possible substantial and permanent effect on neighboring property.

(2)

The consistency with the spirit, purpose and intent of this chapter.

(3)

The possible effect upon traffic as related to the streets, churches, schools and any buildings within the immediate area.

(4)

The tendency of the proposed use to create any type of blight within the immediate area.

(5)

The economic feasibility for the area.

(6)

Any other factor as may relate to the public health, safety and welfare for persons and property.

(Code 1983, § 60.75; Ord. No. 15-97, §§ 10, 11, 14, 6-16-97; Ord. No. 18-98, § 2, 8-17-98; Ord. No. 21-98, § 9, 10-5-98; Ord. No. 11-99, § 1, 7-6-99; Ord. No. 15-99, § 4, 11-15-99; Ord. No. 12-00, § 3, 7-17-00; Ord. No. 10-01, § 2, 5-21-01; Ord. No. 15-01, § 3, 8-6-01; Ord. No. 06-06, § 3, 2-6-06; Ord. No. 7-09, § 8, 12-21-09; Ord. No. 3-11, §§ 7, 8, 5-2-11; Ord. No. 17-14, § 8, 8-4-14; Ord. No. 14-16, 11-7-16; Ord. No. 1-23, § 11, 2-6-23; Ord. No. 15-23, § 4, 12-4-23)

The following provisions shall apply to all condominium projects:

(1)

Site plan review. Prior to recording of the master deed required by the Condominium Act, State of Michigan Public Act 59 of 1978, as amended, the condominium project shall undergo site plan review and approval pursuant to article 5 herein. This section applies also to single-family site condominiums except that only the condominium project and not each individual house is subject to site plan review. A description of the common elements and use and occupancy restrictions as will be contained in the master deed shall be included in the submittal. The expansion of the condominium project shall also undergo site plan review and approval pursuant to article 5 prior to recording the master deed or master deed amendment establishing such expansion of conversion.

(2)

Site condominium unit standards. For the purposes of this chapter, each condominium unit in a site condominium shall be considered a single lot and shall comply with all the regulations of the zoning district in which located.

(3)

Site condominium design standards. The design and planning standards of chapter 74 shall apply to all site condominium; and all references to the term "subdivision" and "lot" in chapter 74 shall be deemed to refer to the terms "site condominium" and "site condominium unit", respectively. However, the street and sidewalk improvements in a site condominium must be private, rather than public. This section shall not be construed as requiring a site condominium to obtain plat approval under chapter 74 of this Code or the state Subdivision Control Act, Act No. 288 of the Public Acts of Michigan of 1967 (MCL 560.101 et seq.) as amended.

(4)

Site condominium master deed contents. All provisions of the site condominium plans which are approved by the planning commission shall be incorporated, as approved, in the master deed for the site condominium. Any proposed changes to the approved site condominium plans must be reviewed and approved by the planning commission, as per article 5. A copy of the master deed, as filed with the county register of deeds for recording, must be provided to the city within ten days after recording with the county.

(5)

Subdivisions of site condominium units. All subdivisions of individual site condominium units shall conform to the requirements of this chapter for minimum lot width, lot area and building setback requirements and shall be approved by the city planning director. This requirement shall be made part of the condominium bylaws and recorded as part of the master deed.

The city has established provisions for creating planned unit developments (PUD's) in order to permit flexibility in the regulation of land development; encourage innovation in land use and variety in design, layout, and type of structures constructed; achieve economy and efficiency in the use of land, natural resources, energy and the providing of public services and utilities; encourage useful open space; and provide better housing, employment and shopping opportunities particularly suited to the needs of the residents of the city.

(1)

Objectives. The objectives of PUD's are to:

(a)

Provide opportunities for development where potential land use conflicts make traditional zoning techniques inadequate for protection from adverse impacts;

(b)

Preserve existing on-site natural features while allowing development at the maximum permissible density;

(c)

Encourage the use of creative, imaginative and innovative approaches to land development; and

(d)

Require the developer to utilize architectural standards, quality building materials and site amenities when deemed appropriate.

(2)

Administration. Administrative procedures are as follows:

(a)

Preapplication consultation. Communication between the developer and city staff prior to PUD application is encouraged. The meeting is intended to ensure that the developer is aware of the community's standards and posture on PUD's. Such consultation should occur prior to any extensive outlay of funds on the part of the developer, since the meeting is intended to encourage cooperation and mutual understanding between the applicant and the city. The developer should submit a preliminary sketch plan outlining general existing site characteristics, external and proposed internal land uses, and special relationships between plan features. To obtain information, the developer shall confer with planning department staff and other appropriate department heads in connection with the application for the PUD. The planning staff will offer advice to the applicant regarding his proposal and aid in his understanding of these requirements.

(b)

Application for PUD zoning. Following a preliminary consultation, the developer may apply for PUD rezoning. Such application must be made at least 30 days before the planning commission meeting, to allow for sufficient review and notice of affected property owners. As part of the rezoning request, the applicant shall submit 16 copies of the following:

1.

A drawing at a scale of at least one inch equals 100 feet, including the following:

a.

A recent map of the site, reflecting area size and boundary line dimensions.

b.

Existing and proposed topography of the site.

c.

Existing floodplains, bodies of water and other unbuildable areas.

d.

Existing and proposed land uses and their approximate locations (general physical design plan).

e.

Any proposed public use areas, including schools, parks, recreational facilities, etc.

f.

Calculations showing the net residential density, area distribution of land uses and expected final population of the proposed PUD.

2.

A written narrative containing the following:

a.

An explanation of the general character of the proposed PUD and how it relates to general requirements of this article.

b.

A statement indicating the need of the proposed project, along with a general schedule of development and marketing strategy, including size of housing units, estimated selling prices and rents.

c.

An outline stating the form of ownership of designated open spaces, establishment and role of a homeowners association, and any proposed restrictive covenants, including architectural controls, if any.

3.

Photographs, architectural renderings or elevations of all proposed buildings other than single-family or two-family dwellings showing the general character of such development.

(c)

Approval procedure. The approval procedure is as follows:

1.

The planning commission shall conduct a public hearing prior to consideration for rezoning to PUD. It shall consider all aspects of the proposed development as required with the PUD application. It may approve, approve with modifications, deny or defer for additional information the PUD application. Each subdivision or development in the PUD area must receive separate planning commission approval as per the applicable city site plan approval and subdivision control requirements.

2.

The city council shall act upon the PUD rezoning request in the same manner as a conventional rezoning.

3.

The planning commission-approved general physical design plan, written narrative and illustrations required by subsection (2)(b) of this section shall be filed in the planning and inspections departments to ensure that the requirements prescribed by approval of the PUD request are fulfilled.

(d)

Changes or amendments. Minor changes or amendments to a particular PUD may be acted upon by the director of planning/community development. Changes deemed major by the director shall be referred to the planning commission.

(a)

Pre-application conference. Prior to submitting a formal application, the applicant shall schedule a meeting with the city planner to discuss the zoning classification of the site, the applicable requirements and materials, the qualifying conditions, the review procedures and the proposed development concept. The city planner shall notify other appropriate staff. The purpose of this meeting is to discuss the proposed project and provide relevant information to the applicant. However, no statements or representations made at this meeting shall be construed to be a commitment or an assurance of approval on the part of the city.

(b)

Preliminary PUD review and rezoning. The following procedures shall be followed for the consideration of any PUD request.

(1)

Application. An application for rezoning to the PUD district shall be submitted to the city planner by the owner, owner's authorized representative or option holder of the property that is the subject of the application. The application shall be filed on a form provided for that purpose, along with a fee established by the city council, and a concept plan and narrative containing the information specified in the following subsections. Incomplete applications will not be accepted and will not be processed or forwarded to the planning commission. The applicant may, at his/her sole discretion, submit a final development plan, as specified in section 90-511(c)(3), in lieu of the concept plan; provided, all other review procedures of section 90-511(b) shall be applicable.

(a)

Concept Plan. A preliminary concept plan shall be submitted and include the following:

(i)

Name, address, phone number and email address of the applicant.

(ii)

Name, address, phone number and email address of the professional or firm that prepared the plan.

(iii)

Legal description of the property.

(iv)

North arrow, scale and title block.

(v)

General location map.

(vi)

Existing zoning on the subject property and all abutting properties.

(vii)

Property boundary survey.

(viii)

Adjacent buildings and structures within 100 feet of the property boundaries.

(ix)

All perimeter streets abutting the property, including right-of-way width.

(x)

Existing topographic conditions (two-foot intervals).

(xi)

Existing natural features (woods, ponds, streams, wetlands, slopes greater than 12 percent).

(xii)

Approximate location of existing and proposed utilities, including a preliminary utility and drainage concept plan.

(xiii)

Proposed uses within the PUD.

(xiv)

Conceptual layout of the development illustrating the general location of interior streets, access points to abutting streets, common open spaces, areas to be developed by type of use, parking areas and easements.

(xv)

Perspective sketches or photographs of representative building types, illustrating the proposed architectural style and building materials.

(b)

Project narrative. A written statement shall also be submitted with the application, providing the following information:

(i)

Statement of how the PUD meets each of the qualifying conditions specified in section 90-417C.

(ii)

Identification of the present owners of all land within the proposed project.

(iii)

Explanation of the proposed character of the PUD, including a summary of acreage by use, number and type of dwelling units, gross residential density, area and percent of the project to be preserved as common open space, minimum lot sizes by type of use.

(iv)

A complete description of any requested deviations from the minimum spatial or other requirements applying to the property, in accordance with section 90-419C(c).

(v)

An explanation of why the proposed development should be given a density bonus, if applicable, in accordance with section 90-419C(d).

(vi)

A general description of the proposed development schedule and anticipated phases.

(vii)

Intended agreements, provisions and covenants to govern the use of the development, approval of building materials/architectural styles, and open space areas to be preserved.

(viii)

A traffic impact analysis, per section 90-504(3), may be required, at the sole discretion of the review authority, as part of the conceptual plan submittal. Otherwise, it shall be required as part of the final site plan application.

(ix)

A sewer impact study may be required, at the sole discretion of the review authority, as part of the conceptual plan submittal.

(2)

Planning commission review. Following receipt of a complete application package, the city planner will cause the application materials to be forwarded to the Planning Commission for review. After submission of a complete application and all required plans and information, the planning commission shall schedule and conduct a public hearing and make a recommendation to the city council regarding the rezoning to PUD and the concept plan, as follows:

(a)

Notice of hearing. Public notice of the time, date, location and purpose of the hearing shall be provided, in accordance with the requirements of the Michigan Zoning Enabling Act.

(b)

Public hearing. The planning commission shall conduct a public hearing in accordance with its rules of procedure.

(c)

Recommendation. Following the public hearing, the commission shall recommend to council that the preliminary concept plan and PUD zoning be approved as presented, approved with supplementary conditions, or denied. The recommendation shall be based on the standards of section 90-512.

(d)

Project representation. The applicant or authorized representative shall be present at all meetings at which the request is to be considered. If the applicant or authorized representative is not present, the matter may be tabled.

(3)

City council action. Upon receiving the recommendation from the planning commission, council shall take final action on the request in accordance with the following:

(a)

Public hearing. Council shall conduct a public hearing, notice of which shall be provided in accordance with the requirements of the Michigan Zoning Enabling Act.

(b)

Action. Following the public hearing, review of the PUD application and concept plan, and consideration of the planning commission recommendation, council shall approve, approve with supplementary conditions, or deny the preliminary concept plan, or final plan if the applicant chooses that option, and zoning change, based on the standards of section 90-512. In any case, council may table the matter at its discretion for further study.

(c)

Conditions. Failure of the applicant to comply with any conditions of approval shall be considered a violation of this Ordinance and subject to all applicable enforcement, remedies and penalties provided for in this Ordinance.

(d)

Project representation. The applicant or authorized representative shall be present at all meetings at which the request is to be considered. If the applicant or authorized representative is not present, the matter may be tabled.

(c)

Final PUD review. The following procedures shall be followed for the review of the final development plan.

(1)

Timing. An application for final development plan approval shall be filed not later than 24 months after the date of approval of the concept plan and zoning change, otherwise the concept plan approval shall be considered expired. One extension of up to 12 months may be authorized by the city planner for reason/cause. The applicant shall submit the request for extension in writing, prior to the expiration of the original approval period, to the city planner who shall make a written determination regarding the decision to extend or deny the extension. Both the request and the determination shall be made part of the record.

(2)

Pre-application conference. Prior to submitting a formal application, the applicant shall schedule a meeting with the city planner to discuss the applicable requirements and materials, compliance with conditions that may have been imposed as part of the concept plan approval, review procedures, and conformance of the final development plan with the approved concept plan. The city planner shall notify other staff, as applicable. The purpose of this meeting is to discuss the proposed project and provide relevant information to the applicant. However, no statements or representations made at this meeting shall be construed to be a commitment or an assurance of approval on the part of the city.

(3)

Application. An application for approval of the final development plan shall be submitted to the city planner by the property owner or owner's authorized representative. The application shall be filed on a form provided for that purpose, along with a fee established by the city council, including a final development plan and narrative containing the information specified in the following subsections. Incomplete applications will not be accepted and will not be processed or forwarded to the Planning Commission.

(a)

Final plan. A final development plan, substantially consistent with the approved preliminary concept plan and containing all information required in section 90-504 (site plan), shall be submitted with the required application form. If required, a plat may be submitted concurrently in accordance with the subdivision requirements of this Ordinance.

(b)

Project narrative. A project narrative shall also accompany the application and final development plan and provide the following:

(i)

Proposed covenants and/or deed restrictions governing the use, design, maintenance, ownership, and control of development and common areas;

(ii)

Identification of the entity responsible for maintenance of common areas;

(iii)

Description of all deviations from the otherwise applicable zoning requirements;

(iv)

Net and gross density of any residential component of the project;

(v)

Open space calculations, identifying the gross acreage and percent of lands to be preserved as common open space, including calculations by phase of the development, if applicable;

(vi)

Restrictions or requirements regarding architectural style and/or building materials;

(vii)

Improvements that would be the responsibility of the developer such as construction of roads, parks, utilities, pathways, sidewalks and similar elements; and

(viii)

An anticipated development schedule by phase, if applicable.

(4)

Private covenants and restrictions.

(a)

Covenants and restrictions for the property within any PUD district are required and must be recorded with the Kent County Register of Deeds prior to the approval of a plat or issuance of a building permit. These restrictions shall run with the land to ensure that, if subdivided or developed in phases, the covenants and restrictions shall still be enforced.

(b)

Covenants and restrictions shall:

(i)

Be based on the conditions attached to the approved PUD application;

(ii)

Subject each owner or person taking title to land located within the development to the terms and conditions of the covenants and restrictions as well as any other applicable regulations;

(iii)

Provide for the ownership, development, management, and maintenance of any private open space, private community parking facilities, private community meeting spaces, or other common areas, as required by section 90-419C(e); and

(iv)

Establish a condominium association, homeowner's association, or other entity that can ensure sufficient funding is provided by owners or occupants of the property in the PUD to maintain all private roads and other private infrastructure, signage, sidewalks, pathways, parking areas, green spaces, recreational facilities, community buildings, pools and other amenities within the development. The documentation shall be in a form acceptable to the city planner, city manager and city attorney.

(5)

Phased projects. If a proposed PUD is to be constructed in two (2) or more phases, final site plan approval may be granted for individual phases; provided, a complete plan for the entire development was first given concept plan approval and that each subsequent phase shall be submitted for final site plan approval and is consistent with the approved concept plan. The planning commission may require additional information beyond what is otherwise required if, in its judgment, more detailed information is necessary due to the size of the development; number of phases proposed; or the interrelationship of roads, utilities or drainage systems within the total site.

(6)

Planning commission action. Following receipt of a complete application package, the city planner shall cause the application materials to be forwarded to the planning commission for review. Following submission of a complete application and all required plans and information, the planning commission shall consider the application and take action to approve, approve with conditions, disapprove or table the final site plan, based on the review standards of section 90-512 and the site plan standards of section 90-505. The applicant or authorized representative shall be present at all meetings at which the request is to be considered. If the applicant or authorized representative is not present, the matter may be tabled.

(7)

Performance guarantee. In conjunction with the approval of a final development plan, the petitioner may be required to provide a performance guarantee for all public and common improvements, in accordance with section 90-504(2). The city council may require such financial assurance or the requirement to provide such financial assurance as a condition of approval of the rezoning or overall development plan for the subject site.

(a)

The performance guarantee shall address (i) the time(s) for starting and completing the construction and installation of public and common improvements, especially in relationship to issuance of construction and occupancy permits for dwelling, commercial and other units within the PUD; (ii) provide one or more assurances for funding the costs of constructing and installing those public and common improvements; and (iii) provide funding for the costs of operating, maintaining, repairing, and, as may be needed to comply with applicable legal requirements, replacing or improving those public and common improvements.

(b)

The performance guarantee may include one or more of a variety of instruments, documents and methods which shall be in a form and substance acceptable to the city engineer, city planner, city attorney and city manager. The performance guarantee may include one or a combination of such approaches as, for example and not for limitation, the following, provided that together result in meeting the requirements in subsection (a).

(i)

An enforceable agreement or enforceable covenants and restrictions recorded with the Kent County Register of Deeds, that no construction or occupancy permit(s) will be issued for certain components of the development until certain public or common improvements are completed.

(ii)

Performance or surety bonds, payment bonds, letters of credit, escrowed funds, or other financial assurances that the city or PUD residents or property owners can access to ensure completion of the public or common improvements.

(iii)

Provisions for condominium, homeowners', unit owners' or other association with the ability to levy and collect dues, assessments or other fees sufficient to fund the costs of operating, maintaining, repairing, and, as may be needed to comply with applicable legal requirements, replacing or improving those public and common improvements.

(c)

It is the intent of this requirement to ensure the public and common area improvements are (i) properly constructed and installed, and (ii) properly operated, maintained, repaired, and, as may be needed to comply with applicable legal requirements, replaced or improved without costs to the city or other governmental entities and without inappropriate or unfairly apportioned costs among the owners and occupants of property within the PUD.

(d)

Whether or not the performance guarantee proposed by the PUD applicant: (a) meets the requirements of this section; and (b) results in the appropriate and fair apportioning of costs will be determined by city council based on the recommendation of the planning commission, city engineer, city planner, city attorney and city manager.

(8)

Expiration. Approval of the final site plan by the Planning Commission shall expire 12 months after the date of that approval, unless substantial construction has been commenced and is continuing. An extension of up to 12 additional months may be granted, in accordance with the requirements of section 90-503(7).

In considering a PUD request, the planning commission and/or city council, as applicable, shall find that the proposed development meets all applicable requirements, as well as the following general standards:

(a)

PUD purpose. The proposed development shall be consistent with the stated purpose of this district, as found in section 90-416C.

(b)

Qualifying conditions. The proposed development shall satisfy each of the qualifying conditions, as stated in section 90-417C.

(c)

Master plan. The PUD shall be consistent with the recommended future land use patterns, goals, and relevant recommendations contained in the City of Wyoming Master Plan.

(d)

Surrounding uses. The development shall be compatible with the existing and intended uses surrounding the subject property.

(e)

Natural environment. The design and layout of the PUD shall be harmonious with the natural character of the site and surrounding area and shall employ best management practices to ensure their conservation.

(f)

Public facilities and services. The proposed development shall not place undue burden on the capacity of public facilities and services such as, but not limited to, roads, fire and police protection, water, sanitary sewer service and drainage.

(g)

Health, safety, and welfare. The PUD shall not contain uses or conditions of use that may be unduly injurious to the public health, safety or welfare.

(h)

Consistent with all standards and requirements. The proposed development shall conform to all applicable requirements of this ordinance, unless specifically modified and approved, as authorized by section 90-419C(C).

(i)

Final site plan. The final site plan is substantially consistent with the representations made and plans shown during the prior preliminary concept plan stage of approval.

(j)

Recognizable and substantial benefits. Approval of the PUD will result in a recognizable and substantial benefit to the users of the project and to the community which would not otherwise be feasible or achievable under conventional zoning districts. The development shall provide two or more of the benefits specified in section 90-417C(H).

Changes to an approved final development plan shall be permitted only under the following circumstances:

(a)

The holder of an approved final development plan shall notify the city planner of any proposed change to the approved plan.

(b)

Minor changes may be approved by the city planner upon determining that the proposed revision(s) will not alter the basic design, nor any specified conditions or commitments imposed as part of the original approval. Minor changes shall include the following:

(1)

Reduction in building size or increase in building size up to five percent of the total approved floor area;

(2)

Movement of a building or other structure by no more than ten feet;

(3)

Replacement of plant material specified in the landscape plan with comparable materials of an equal or greater size;

(4)

Changes in building materials to a comparable or higher quality;

(5)

Internal changes in floor plans which do not alter the character or intensity of the use;

(6)

Changes in parking layout that do not alter the number of spaces by more than five percent of the total spaces within the parking area and do not change the location of driveways or roads providing access to the parking area; and

(7)

Changes required or requested by a county, state or federal regulatory agency in order to conform to other laws or regulations.

(c)

A proposed change to an approved final development plan that is determined by the city planner to not be a minor change shall be considered a major change and amendment to the approved final development plan and shall be submitted and reviewed in accordance with the procedures established for the final development plan. When, in the judgment of the city planner, city engineer, and the city attorney, the proposed change is a substantial deviation from the approved preliminary concept plan, the change shall be reviewed as a new application, in accordance with the provisions of sections 90-511(b) and 90-511(c); provided, public hearings shall not be required, but may be conducted at the discretion of the planning commission and/or the city council.

Within the city, there are existing PUD's identified on the zoning map as "PUD-1, -2, and -3". These developments shall be exempt from the requirements of this article to the extent that they conform to the prior approved development plans for each respective project. However, any expansion, alteration or modification of the existing approved developments that constitutes a major change, as defined in section 90-513, shall be subject to the procedural requirements of section 90-513(C).

(1)

The map entitled City of Wyoming, Michigan Zoning Map, together with all notations, as it exists on October 31, 2022 (i.e., after the effective date of Ordinance No. 15-22) which map is made a part of this chapter and may be referred to as the "zoning map" may be maintained by the city in such form as shall from time to time be deemed appropriate including an electronic database or information system.

(a)

The location and boundaries of the zoning districts are as depicted on the zoning map.

(b)

Unless otherwise shown on the zoning map, the district boundary lines follow lot lines or the centerlines of streets or alleys or such lines extended and the corporate limits of the city as they existed on January 3, 1979, and as subsequently revised.

(c)

If the exact location of any district boundary line cannot be determined by the zoning map, it shall be resolved by the board of zoning appeals.

(2)

The zoning map may be amended by ordinances adding subsequent subsections to this section (subsections (3) and following) that include the street address(es), tax parcel number(s), and legal description(s) for the property to be rezoned by the adopted ordinance, using the procedure and considering the factors provided in section 90-516.

Requests for rezoning of property from one zoning district to another zoning district (amending the zoning map by additional subsections to section 90-515) shall be addressed as provided in this section.

(1)

An application for rezoning shall be filed with the city planner in a format designated by the city planner that shall include the street address(es), tax parcel number(s), legal description(s), and drawing of the property that is to be rezoned. The city planner may require a survey if the city planner deems it necessary or prudent for accurately determining the property to be considered for rezoning.

(a)

If the rezoning is for a planned unit development, the application and supporting materials must meet all requirements in this chapter for consideration of that proposed planned unit development.

(b)

If the rezoning is for a conditional rezoning as provided in section 405 of the zoning enabling act, MCL 125.3405, the application shall also be accompanied by a proposed contract establishing offered conditions for the rezoning as provided in that section. A city council member, planning commissioner, city officer, city employee, or other agent of the city shall not require, add, or alter any offered conditions for a proposed rezoning.

(2)

The city planner may make a recommendation to the planning commission regarding the requested rezoning.

(3)

The planning commission shall hold a public hearing on the rezoning request as provided by this chapter, the zoning enabling act, and the planning commission's policies, practices, and procedures.

(4)

After the public hearing, the planning commission shall recommend to the city council approval or denial of the rezoning and include in that recommendation the reasons for it.

(a)

If the rezoning is for a planned unit development, the recommendation may also include recommended conditions for approval.

(b)

If the application is for a conditional rezoning, the planning commission shall also recommend approval or denial of the offered rezoning contract.

(5)

After receiving the planning commission's recommendation, the city council shall consider the requested rezoning in the same manner as other ordinance amendments except that the city council shall take final action to approve or deny the rezoning. The city council shall also state the reasons for its action.

(a)

If the rezoning is for a planned unit development, the city council may include conditions for the rezoning.

(b)

If the rezoning is for a conditional rezoning as provided in section 405 of the zoning enabling act, MCL 125.3405, the approval shall include action to approve the rezoning contract.

(6)

The following factors shall be applied to the consideration of requests for rezoning:

(a)

Consistency of the proposed zoning district and land uses that could occur in the proposed zoning district with the adopted master plan. If the application is for a conditional rezoning, consideration shall be given to the effect of any proposed restrictions imposed by the proposed rezoning contract. If the application is for rezoning for a planned unit development, consideration shall be given to the effect of any proposed conditions imposed on the planned unit development.

(b)

Compatibility of the proposed zoning district and land uses that could occur in the proposed zoning district with existing and future land uses adjacent to and in the vicinity of the property proposed for rezoning. If the application is for a conditional rezoning, consideration shall be given to the effect of any proposed restrictions imposed by the proposed rezoning contract. If the application is for rezoning for a planned unit development, consideration shall be given to the effect of any proposed conditions imposed on the planned unit development.

(c)

Whether existing or planned public infrastructure and services are sufficient to serve possible uses and development of the property after it is rezoned.

(d)

Whether the property can be used as currently zoned.

(e)

Whether all uses that could be made of the property if rezoned as requested are appropriated at the location of the property. If the application is for a conditional rezoning, consideration shall be given to the effect of any proposed restrictions imposed by the proposed rezoning contract. If the application is for rezoning for a planned unit development, consideration shall be given to the effect of any proposed conditions imposed on the planned unit development.