Loading...
(A) The following provisions in this section shall apply to all site plan review procedures unless otherwise provided in this ordinance. The procedures of this section shall be minimum requirements, and additional procedures may be required by this ordinance or by the Planning Commission.
(B) Zoning review (rather than site plan review) is required whenever there is a change of ownership or change of use within a multiple tenant space having previously received site plan approval, so long as the use does not differ from an approved use for that zoning. In instances where this applies, the Department of Public Works or authorized representative is hereby authorized to make the review and issue an approval or disapproval. Any interested party may appeal any decision made during this zoning review to the Planning Commission within 7 days of notification of the decision.
(C) (1) Administrative site plan review (rather than site plan review) is required whenever there is a change of ownership, or change of use within the parameters of a permitted use within that zoning district when exterior construction is not being done or the construction of an enclosed structure to be used exclusively for storage provided that the structure does not exceed the following size limitations. Where the parcel is less than 5 acres, the structure cannot exceed 2% of the area of the subject parcel. Where the parcel exceeds 5 acres, the structure cannot exceed 2% of the first 5 acres plus ½% per acre, but in no event shall the structure exceed 10,000 square feet in total size. In the event the structure does exceed these size limitations then site plan review shall be required. Administrative site plan review is also applicable to the construction of structures used for recreational purposes that are unenclosed except for columns supporting the roof, or exterior construction that does not require a building permit.
(2) The Director of the Department of Public Works, City of Burton, or his authorized representative, is hereby authorized to make the review and issue an approval or disapproval. Any interested party may appeal any decision made during the administrative site plan review of the Director of the Department of Public Works or his designate to the Planning Commission within 7 days of notification of the decision.
(D) Site plan review with Planning Commission approval is required when there is a change of use in conjunction with exterior construction that requires a building permit, additional use of an attached building or portion of building with a prior approved site plan on file of a use permitted in the same zoning district, development of a property, or construction of a previously developed property, except as provided in subsections (B) and (C) hereof. Whenever a site plan review is required by the provisions of this ordinance, 12 copies of the site plan to an architectural or engineering scale, including all items required together therewith, shall be submitted to the Planning Commission to permit study of all elements of the plan. The Planning Commission may prepare forms and require the use of such forms in site preparation.
(E) A copy of the site plan shall be distributed by the Planning Commission to the City Fire Chief, Police Chief, Attorney, Engineer, Planning Consultant, and other individuals and agencies as deemed necessary by the Planning Commission.
(F) The following information shall accompany all plans submitted for review:
(1) A legal description of the property under consideration;
(2) A map indicating the gross land area of the development, the present zoning classification thereof, and the zoning classification and land use of the area surrounding the proposed development, including the location of structures and other improvements;
(3) A fully dimensioned map of the land showing topographic information a contour interval of 2 feet or less, if requested by the City Engineer;
(4) A statement of the adverse effects, if any, upon any property in the city which may result from the proposed development;
(5) A general development plan with at least the following details shown to scale and dimensioned:
(a) Location of each existing and each proposed structure in the development area, the use or uses to be contained therein, the number of stories, gross building areas, distances between structures and lot lines, setback lines and approximate location of vehicular entrances and loading points;
(b) All streets, driveways, service aisles, and parking areas, including general layout and design of parking lot spaces;
(c) All pedestrian walks, malls, and open areas for parks and recreation;
(d) Location and height of all walls, fences, and screen plantings, including a general plan for the landscaping of the development and the method by which landscaping is to be accomplished and be maintained;
(e) Types of surfacing, such as paving, turfing, or gravel, to be used at the various locations;
(f) A grading plan of the area; and
(g) The location and capacity of private or public water and sanitary sewerage services, storm drains, and solid waste disposal facilities serving the site.
(6) Plans and elevations of 1 or more structures, indicating proposed architecture and construction standards;
(7) Such other information as may be required by the city to assist in the consideration of the proposed development, such as signs and lighting.
(8) A statement of financial responsibility, including the posting of bonds or cash to ensure the installation of the improvements required by the city as a condition to the development.
(G) (1) The purpose of site plan review is to determine compliance with the provisions set forth herein and to promote the orderly development of the city, the stability of land values and investments, and the general welfare, and to help prevent the impairment or depreciation of land values and development by the erection of structures or additions or alterations thereto without proper attention to siding and appearances.
(2) In order that buildings, open space, and landscaping will be in harmony with other structures and improvements in the area, and to ensure that no undesirable health, safety, noise, and traffic conditions will result from the development, the Planning Commission shall determine whether the site plan meets the following criteria, unless the Planning Commission determines that 1 or more of the following criteria are inapplicable:
(a) The vehicular transportation system shall provide for circulation throughout the site and for efficient ingress and egress to all parts of the site by fire and safety equipment. (Basis for Burton City Council Side-Street Paving Requirements). The Planning Commission shall consider the following factors in exercising its discretion over site plan approval regarding traffic:
1. Whether traffic access to the site is such that vehicular congestion or other impairment of traffic may result from access to and from the site. Consideration will also be given to traffic patterns, curb cut locations, and access for adjacent development and for development across street;
2. Whether the traffic circulation features within the site and location of automobile parking areas are designed to ensure safety and convenience of both vehicular and pedestrian traffic both within the site and in relation to access streets; and
3. Whether there is a need, after consultation with city, county, and state agencies as may be necessary, for a requirement of acceleration, deceleration, or bypass lineage to serve the particular site.
(b) Pedestrian walkway systems shall be provided to connect the areas of the site, and to connect the site with schools and shopping areas and other public gathering areas. Pedestrian walkways shall be provided as deemed necessary by the Planning Commission for separating pedestrian and vehicular traffic. (Basis for Burton City Council Sidewalk Construction Requirement).
(c) Recreation and open space areas shall be provided;
(d) The site plan shall comply with the district requirements for minimum floor space, height of building, lot size, yard space, density, and all other requirements as set forth in Appendix A of this ordinance, unless otherwise provided in this ordinance;
(f) The site plan shall provide for adequate storage space for the use therein, including, where necessary, storage space for recreational vehicles; and
(g) The site plan shall comply with all requirements of the applicable zoning district, unless otherwise provided in this ordinance.
(H) The site plan shall be reviewed by the Planning Commission and approved, approved with any conditions the Planning Commission deems necessary to carry out the purpose of the ordinance and other regulations of the city, or disapproved. Any interested party shall have the right to appeal to the Zoning Board of Appeals any decision of the Planning Commission within 7 days after the decision of the Planning Commission.
(I) Following the approval of a site plan by the Director of the Department of Public Works or his or her designate or by the Planning Commission, the Zoning Administrator may issue a building permit and shall ensure that development is undertaken and completed in conformance with the approved plans.
(J) The building permit may be revoked in any case where the conditions of the permit have not been or are not being complied with. The Zoning Administrator shall give the permittee notice of intention to revoke the permit at least 7 days prior to the revocation of the permit. The permittee may appeal the revocation of the building permit to the Planning Commission within 7 days of the revocation of the permit.
(K) Every site that requires site plan review approval shall be designed to provide for a 5-foot concrete sidewalk along entire road frontage. This sidewalk is required within any right-of-way abutting a parcel of land or platted lot requiring a site plan review. Unless determined to be required by the Planning Commission during site plan review, sidewalks shall not otherwise be required for interior streets in a platted subdivision.
(L) Once site plan approval has been granted by the City’s Planning Commission, an applicant has a period of 1 year from that date to obtain the mandatory building or site permit. Failure to do so will result in the site plan approval being revoked.
(M) In the event that construction is not begun within 1 year from the date of the issuance of the building and site permits, the site plan approval shall be revoked, after which time no further consideration of the proposed development may be taken until a new site plan has been approved subject to the requirements of § 157.045(D). Application may be made to the City Council for a 1-year extension of the site plan approval.
(N) Every site that requires zoning review, administrative site plan review, or site plan review approval shall be designed to provide for a numeric address with a minimum of 6" high, black or white numbers on the front face of the building visible from the street. (example: 1234).
(A) The intent of this section is to permit, through design innovation, flexibility in the development of single-family residential housing patterns on sites where the conventional subdivision approach to residential development would either destroy the unique environmental significance of the site, or where a transitional type of residential development is desirable.
(B) To accomplish this purpose, the following modifications to the single-family residential standards of this ordinance may be permitted, subject to the conditions herein imposed.
(1) The area to be set aside for open space (including usable recreation areas, open space, and watercourses) accomplished through application of the single-family cluster option shall represent at least 15% of the total horizontal area of the site in an R-1A or R-1B district, and at least 25% in an SE district, and shall be distributed throughout the development.
Zoning District | Dwellings Per Acre |
SE | 2.8 |
R-1A | 3.5 |
R-1B | 4.0 |
(3) Under this section, the attaching of single-family homes in clusters, or the detaching of single-family homes in clusters, shall be permitted subject to the following conditions:
(a) The attaching of single-family homes within a cluster shall be permitted when those homes are attached either through a common party wall or garage wall which does not have over 50% of an individual wall or more than 25% of the total exterior walls of the living area of a single-family home in common with the wall or walls of the living area of an adjoining home; or by means of an architectural detail which does not form interior room space; or through a common party wall in only the garage portion of adjacent structures;
(b) The detaching of single-family homes within clusters shall be permitted provided those homes shall be spaced not less than 6 feet apart when opposing dwelling unit walls contain no openings, and not less than 10 feet apart when opposing dwelling unit walls contain openings. The distance between opposing garage walls within a cluster shall meet local fire codes, except that in no case shall those walls be less than 6 feet apart;
(c) The maximum number of homes in a cluster shall be subject to review by the Planning Commission, except that in no case shall a cluster contain less than 2 homes or more than 4 homes; and
(d) No structure within a cluster shall be located closer than 25 feet to any interior private street, drive, or public right-of-way, or in the case of any peripheral property line, not less than 25 feet. Clusters of single-family homes shall be arranged on the site so that none shall face directly into a freeway, principal arterial, major thoroughfare, nonresidential district, or nonresidential use.
(4) Each cluster of attached or detached single-family homes shall be separated from any other cluster of single-family homes by a distance determined by the number of homes in opposing clusters as set forth in the following scale; except that the Planning Commission, after review of site development plans, may modify the strict application of the distance in those instances where it is found that a natural amenity would be destroyed or topographical or soil conditions limit a practical dimensional separation of clusters.
Total Homes in Opposing Clusters | Minimum Distance Between Clusters (Front and Rear) | Minimum Distance Between Clusters (Side) |
8 | 100 | 75 |
7 | 85 | 75 |
6 | 75 | 60 |
5 | 65 | 60 |
4 | 55 | 50 |
(5) An applicant seeking use of the single-family cluster option shall submit a site plan to the Planning Commission for consideration. The Planning Commission, in making its review, shall find that the site possesses at least 1 of the requirements for qualifications as outlined in§ 157.093(B)(1) before approving the application. The Planning Commission shall conduct its review in accordance with the public hearing requirements set forth and regulated in § 157.177(D) of this code.
(6) The site plan shall be prepared as follows. Site plans, in addition to providing all data at § 157.092(F), shall provide the following:
(a) The structural outline (building envelope) of all structures proposed on the site;
(b) Architectural renderings of building facade elevations within a typical cluster;
(c) The areas to be dedicated as open space and recreational use, showing access, location, and any improvements. Assurance of the permanence of the open space and its continued maintenance shall be submitted for review and approval by the City Attorney. The City Attorney shall review and render an opinion with respect to:
1. The proposed manner of holding title to the open space;
2. The proposed manner of payment of taxes;
3. The proposed method of regulating the use of open land;
4. The proposed method of maintenance of property and the financing thereof; and
5. Any other factor relating to the legal or practical problems of ownership and maintenance of the open land.
(d) The location of access drives, streets, and off-street parking areas, sidewalks, trash receptacles, and the like; and
(e) The location, extent, and type of landscaping in accordance with the requirements of § 157.088 of this code.
(7) The applicant shall submit as a part of his or her site plan proposed building elevations and typical floor plans. Building elevation drawings shall be drawn to scale and need only be a sample of development throughout the site. Where more than 1 type of structural design is intended, sample elevation and corresponding floor plans for each type shall be submitted.
(A) All developers of proposed planned shopping centers shall submit a market analysis suitable for the size center proposed, showing the need for a shopping center in the location requested and the inadequacy of existing shopping facilities to meet demands.
(B) For these purposes, the market analysis shall contain the following determinations:
(1) Determination of the trade area of the proposed shopping center;
(2) Determination of trade area population, present and future;
(3) Determination of effective buying power in the trade area; and
(4) Determination of net potential customer buying power for stores in the proposed shopping center.
(A) All outdoor lighting in use districts used to light the general area of a specific site shall be shielded to reduce glare into adjacent residentially used dwellings and shall be so arranged in all use districts, except R-1A, R-1B, and SE, to reflect lights away from all adjacent residential single-family zoned districts.
(B) All outdoor lighting in all use districts shall be directed toward and confined to the ground areas of lawns or parking lots.
(C) All lighting in nonresidential districts used for the external illumination of buildings, so as to feature those buildings, shall be placed and shielded so as not to interfere with the vision of persons on adjacent highways or adjacent property.
(D) Illumination of signs shall be directed or shaded downward so as not to interfere with the vision of persons on the adjacent highways or the adjacent property.
(E) All illumination of signs and any other outdoor feature shall not be of a flashing, moving, or intermittent type. Artificial light shall be maintained stationary and constant in intensity and color at all times when in use.
(A) Dish type satellite signal receiving stations (hereafter “stations”), subject to the following regulations, may be located within the city.
(B) Stations shall be maintained in the rear yard whenever possible, and set back at least 5 feet from all lot lines and 10 feet from rear yard lot lines. The sitting of stations shall be regulated by the Federal Communication Commission rules and regulations as they may be promulgated and amended from time to time.
(C) The height of the ground mounted station, should the dish antenna be turned perpendicular to the ground, shall not extend above 15 feet; and the maximum diameter of any dish antenna shall not exceed 12 feet.
(D) Stations may be roof mounted on structures, provided they are anchored in an approved manner outlined by the Building Code.
(E) All roof mounted stations shall be viewed to be a portion of a building with regard to height determination subject to the height limitations of each zoning district as outlined in Appendix A, Schedule of Regulations.
(F) The Zoning Board of Appeals of the city may grant variances to this ordinance when, in its discretion, enforcement of this ordinance will result in practical difficulties and unnecessary hardships on person, firms, or corporations affected hereby. A hearing shall be held pursuant to the procedures set forth in § 157.154 of this code.
(A) All dwelling structures shall be located on their lots in such a manner that the dwelling’s front entrance shall be in a similar location to the entrance location of other homes in the neighborhood in which it is located. The front entrance shall be located in the wall facing the front yard of the dwelling, or not less than 25% of the total side wall distance from the front wall, on a wall facing a side yard of the dwelling.
(B) All dwelling structures shall have windows located on the wall facing the front yard and exterior doors either on the front and rear or front and side as generally found in homes in the neighborhood in which it is to be located.
(A) Notwithstanding other regulations contained within the city's Zoning Ordinance (Chapter 157 of the Code of Ordinances of the City of Burton), and subject to the regulations set forth in this section, chickens may be owned, kept and possessed within the boundaries of certain non-agriculturally zoned areas within the City of Burton as a permitted accessory use.
(B) (1) Any person who keeps chickens on non-agriculturally zoned property shall first obtain a permit. An application shall be submitted to the Department of Public Works and a fee paid as shall be established, and from time to time be amended, by resolution of the Burton City Council. Initially this fee shall be set at $25.
(2) Permits shall expire and become invalid upon the expiration of a period of 5 years. Any person wishing to continue to house chickens shall obtain a new permit on or before the expiration date of the previous permit.
(3) Permits shall be issued for property zoned SE (Suburban Estate Residential), R-1A (Single Family Residential), R-1B (Single Family Residential), or, R-1C (Single Family Residential).
(4) Notwithstanding the issuance of a permit by the city, private restrictions on the use of property shall remain enforceable and take precedence over a permit. Private restrictions include, but are not limited to, deed restrictions, condominium master deed restrictions, neighborhood association by-laws and covenant deeds. A permit issued to a person whose property is subject to private restrictions that prohibit the keeping of hens is void. The interpretation and enforcement of the private restriction is the sole responsibility of the private parties involved.
(5) No permit shall be issued to any person who shall have been judicially determined to have violated any of the provisions of this section without obtaining the affirmative vote of the City Council.
(6) (a) Permits are non-transferable and do not run with the land. Permits shall provide a limited license to conduct the activity as an accessory use, but no vested zoning rights shall arise from the issuance of a permit.
(b) Permits do not grant any right or authority to conduct commercial activities. Accordingly, the sale of eggs or the slaughtering of chickens at the permitted site shall not be allowed and shall result in the revocation of any existing permit.
(c) This section shall not regulate the keeping of chickens upon agriculturally zoned property where the raising of poultry is a permitted principal use when conducted in compliance with the Michigan Right to Farm Act and the Generally Accepted Agricultural Management Practices promulgated thereunder.
(7) No permit shall be issued to any person intending to house chickens upon any lot less then 1/2 acre unless such permit shall receive special use approval by the City Planning Commission pursuant to § 157.177.
(C) All persons receiving a permit to house chickens shall comply with all of the following requirements:
(1) No more than 6 female chickens (hens) may be kept.
(2) No male chickens (roosters) may be kept.
(3) Any such chickens must be provided a covered shelter which shall be located in the "rear yard" as that term is defined in § 157.006 of the Code of Ordinances of the City of Burton.
(4) All shelters for the keeping of hens shall be constructed, repaired and maintained to prevent rats, mice or other rodents from being harbored underneath, within or within the walls of the shelter.
(5) The shelter shall be maintained in a sanitary manner, free from offensive odors.
(6) All feed and other items associated with the keeping of chickens shall be stored and secured in such a manner as to prevent access by mice, rats and other rodents.
(7) No person shall be permitted to slaughter chickens upon the property where chickens are kept pursuant to this section.
(8) Shelters housing chickens must be kept a minimum of 10 feet from any property line and minimum of 30 feet from any neighboring residential or commercial building.
(D) Any violation of the requirements set forth herein shall result in the immediate revocation of any permit granted pursuant to this section.
Loading...