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Inkster, MI Code of Ordinances
CITY OF INKSTER, MICHIGAN CODE OF ORDINANCES
ADOPTING ORDINANCES
CHARTER OF THE CITY OF INKSTER, MICHIGAN
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
CHAPTER 150: BUILDING REGULATIONS
CHAPTER 151: COMMUNITY DEVELOPMENT FEES
CHAPTER 152: EXCAVATIONS AND QUARRYING OPERATIONS
CHAPTER 153: SIGNS
CHAPTER 154: SUBDIVISION CONTROL REGULATIONS
CHAPTER 155: ZONING CODE
CHAPTER 156: BLIGHT VIOLATIONS
CHAPTER 157: VACANT AND NEGLECTED PROPERTY REGISTRATION
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 155.287 STANDARDS FOR SITE PLAN APPROVAL.
   Site plan approval shall be granted only if the site plan meets all applicable standards set forth in this chapter as outlined below:
   (A)   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). All sheets must be consistent. The Planning Commission, upon recommendation of the City Planner, has the right to waive any of the submittal requirements if not applicable to the proposed project.
   (B)   Site design characteristics. All elements of the site design shall be designed and organized in relation to scale, character and architectural features of the adjoining properties, the size and type of subject property, the type and size of buildings and environmentally sensitive areas. The property shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted by this chapter. The site shall be designed to conform to all provisions of this chapter. Redevelopment of existing sites shall be brought into conformance with all site improvement provisions of this chapter which are relative to and proportionate to the extent of redevelopment, as determined by the Planning Commission.
   (C)   Buildings. Buildings and structures will meet or exceed setback standards, build-to lines, height and other dimensional standards, and placed to preserve environmentally sensitive areas. Redevelopment of existing structures shall meet or exceed all standards for which a variance has not been obtained.
   (D)   Architecture. All proposed development subject to site plan approval shall utilize sensitive design and quality architecture materials to ensure that buildings are compatible with surrounding uses, protects the investment of adjacent landowners, blends harmoniously into the streetscape, and maintains a positive image for the city.
   (E)   Materials and colors. Building and sign materials and colors shall relate well and not deviate from the surrounding area. Subtle earth tone colors shall be used for building and roofing material. The Planning Commission or City Council, if applicable, may require a color rendering.
   (F)   Scale and compatibility. Buildings shall possess architectural variety, but enhance the overall cohesive community character. Buildings shall consider the scale and proportion of existing structures in the area. Roof shape and materials shall be architecturally compatible with adjacent buildings and enhance the predominant streetscape.
   (G)   Architectural features. All buildings are encouraged to provide architectural features, details and ornaments such as archways, colonnades, cornices, peaked rooflines or towers. Building walls over 100 feet in length shall be broken up with varying building lines, windows, architectural accents and trees. Building entrances are encouraged to have windows, canopies and awnings; provide unity of scale, texture, and color; and provide a distinct exterior entry area between a building and access lanes or parking areas.
   (H)   Equipment screening. All rooftop HVAC and other mechanical equipment shall be screened.
   (I)   Privacy. The site design shall provide reasonable visual and sound privacy for dwelling units located therein and adjacent thereto. Fences, walks, barriers, buffers and plantings shall be used, as appropriate, for the protection and enhancement of property and the privacy of its occupants.
   (J)   Emergency vehicle access. All buildings or groups of buildings shall be arranged so as to permit emergency vehicle access.
   (K)   Ingress and egress. Safe, convenient, and well-defined vehicular and pedestrian circulation within and to the site shall be provided. Drives, streets, parking and other elements shall be designed to discourage through-traffic, while promoting safe and efficient traffic operations within the site and at its access points. Access to the site shall be designed to minimize conflicts with traffic on adjacent streets.
   (L)   Non-motorized circulation. The site plan shall provide a non-motorized circulation system that is insulated as completely as is reasonably possible from the vehicular circulation system.
   (M)   Vehicular, pedestrian and bicycle 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 or bicycle pathways in the area. The width of streets and drives shall be appropriate for the volume of traffic they will carry, on-street parking, where appropriate, and the desired character of the streetscape and neighborhood or district.
   (N)   Soil erosion. The proposed development shall include measures to prevent soil erosion and sedimentation.
   (O)   Exterior lighting. Exterior lighting shall be designed so that it is deflected away from adjacent properties, does not impede the vision of drivers on public streets and meets the intent of this chapter.
   (P)   Public services. The scale and design of the proposed development shall facilitate acceptable and adequate provision of services currently furnished by or that may be required of the city or other public agencies including, but not limited to, fire and police protection, stormwater and sanitary sewage removal and treatment, water supply, traffic control and administrative services.
   (Q)   Hazardous materials. Sites which include storage of hazardous materials or waste, fuels, salt, or chemicals shall be designed to prevent spills and discharges of polluting materials to the surface of the ground, groundwater or nearby surface water bodies.
   (R)   Consistency with the Master Plan and any applicable subarea or corridor plans.
(Ord. 792, passed 12-3-01)
§ 155.288 PROCEDURES FOR SPECIAL LAND USE REVIEW.
   (A)   Application. Applications for special land use permits authorized by this chapter shall be submitted to the Community Development Director on a form provided by the city. In addition to a complete application form, the applicant is required to submit a preliminary site plan meeting the requirements of site plan review. The Community Development Director shall not accept incomplete submittals.
   (B)   Effect of approval. Approval of a preliminary site plan by the city shall only be valid if approved in conjunction with approval of a special land use and shall indicate general acceptance of the proposed layout of buildings, streets and drives, parking areas, other facilities and overall character of the proposed development. Following approval of a special land use and preliminary site plan, the applicant shall be required to submit a final site plan in accordance with § 155.286, Site plan review.
   (C)   Procedures. The procedures set below shall be followed by the Planning Commission upon the scheduling of a public hearing, as specified in § 155.291.
      (1)   The Community Development Director shall review the proposed application and preliminary site plan to determine if all required information has been supplied, and forward the completed application, preliminary site plan, and supporting data to the Planning Commission for a recommendation.
      (2)   The Planning Commission shall conduct a public hearing as required in § 155.291. The Commission shall review the special land use application and preliminary site plan following the close of the public hearing, and shall within a reasonable period of time make a recommendation to City Council to either approve, approve with conditions, or deny the proposed special land use. Any such recommendation to approve or approve with conditions shall not constitute approval of the preliminary site plan.
      (3)   The City Council, within a reasonable period of time after receiving Planning Commission recommendation, shall approve, approve with conditions, or deny a request for a special land use. The City Council decision shall be incorporated in a statement of conclusions relative to the special land use under consideration. Any decision that denies a request or imposes conditions upon its approval shall specify the basis for the denial or the conditions imposed.
   (D)   Conditions. The City Council may impose such additional conditions and safeguards deemed necessary for the general welfare, for the protection of individual property rights, and for insuring that the purposes of this chapter and the general spirit and purpose of the district in which the special use is proposed will be observed.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
§ 155.289 STANDARDS FOR SPECIAL LAND USE APPROVAL.
   (A)   Basis of determinations. The City Council and Planning Commission shall review the proposed special use in terms of any specific requirements stated within this chapter and shall establish that such use and the proposed location:
      (1)   Will be harmonious and in accordance with the goals, policies and actions of the Master Plan;
      (2)   Will be designed, constructed, operated, and maintained so as to be visually and physically harmonious and appropriate in appearance with the existing or intended character of the general vicinity and not change the essential scale and character of the area;
      (3)   Will be a visual, physical and economic improvement in relation to property in the immediate vicinity and to the city as a whole;
      (4)   Will be served adequately by essential public services and facilities or that the persons responsible for the establishment of the proposed use will adequately provide any such service or facility;
      (5)   Will not detract from the desirability and orderly function of residential or business uses. Discretion shall be given to the impact of the proposed use upon existing uses, which may relate to traffic generation, sound, artificial lighting, odors, emission of exhaust gases, pedestrian traffic, hours and days of operation, creation of a public or private nuisance, opportunity for crime or criminal activity, congregation of individuals for purposes other than intended by the proposed use, and similar factors generated by the proposed use. The factors stated herein are not intended as a limitation upon the possible considerations and are by way of example only.
      (6)   Will not erode or reduce the economic viability of other existing land uses. Consideration shall be given to the compatibility of other existing uses with the proposed use and maintaining land values within the city.
      (7)   Will not impose additional service demands upon the city or its anticipated future resources.
      (8)   Will further and enhance the health, safety, welfare, morals, character, comfort, convenience, and policies of the city, will not create excessive additional public costs or be detrimental to the economic welfare of the city.
      (9)   Will be consistent with the intent and purposes of this chapter, and comply with all specific standards as established for said use by this chapter.
   (B)   Duration, voiding and extensions of special land use permit. Unless otherwise specified by the City Council during initial approval of the special land use, any special land use permit granted under this section shall be null and void unless the proposed special land use is established within one year or building permits have been issued within such period to establish the special land use. If an extension is needed, the applicant may request an extension of the final site plan approval associated with the special land use from the Planning Commission. This request shall be made prior to the expiration of their current final site plan approval and special land use permit. The Planning Commission may grant a six month extension for good cause of the final site plan approval and its associated special land use permit.
   (C)   The Community Development Director may suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued erroneously on the basis of incorrect information supplied by the applicant or his agent and is in violation of any of the provisions of this chapter and other ordinances or regulations of the city.
   (D)   Reapplication. No application for a special use permit which has been denied wholly or in part shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or change of conditions found to be sufficient to justify reconsideration by the Planning Commission and City Council.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17; Am. Ord. 863, passed 10-2-17)
§ 155.290 SPECIAL MEETINGS.
   The city may schedule special meetings per an applicant’s request and availability of Planning Commissioners, necessary staff and professional consultants. The applicant is required to pay associated fees with the application.
(Ord. 792, passed 12-3-01)
§ 155.291 PUBLIC HEARING NOTIFICATION REQUIREMENTS.
   (A)   Zoning Ordinance adoption and amendments.
      (1)   The Planning Commission shall hold at least one public hearing prior to issuing a recommendation to the City Council for the adoption of a new zoning ordinance or zoning amendment. The City Council may hold additional hearings if considered necessary.
      (2)   The city shall notify the general public of the time and place of the public hearing at least 15 days prior to such hearing. The notice shall be published in an official paper or paper of general circulation within the city.
      (3)   The city shall notify each public utility company and railroad company owning or operating any public utility or railroad within the district or zone affected of the time and place of the public hearing and at least 15 days prior to such hearing. The notice shall be delivered via mail to the name and address as registered with the City Clerk. An affidavit of the mailing shall be maintained.
      (4)   Following adoption of a zoning ordinance or subsequent amendments, one notice of the adoption shall be published in newspaper of general circulation in the city within 15 days of adoption. The following information shall be provided in the notice:
         (a)   For a newly adopted zoning ordinance, the statement shall read; “A zoning ordinance regulating the development and use of land has been adopted by the City Council of the City of Inkster.”
         (b)   For an amendment to the existing ordinance, the statement shall either summarize the regulatory affect of the amendment including the geographic area affected or contain the amendment text.
         (c)   The effective date of the ordinance or amendment.
         (d)   The place and time where a copy of the ordinance may be purchased or inspected.
   (B)   Special land uses or discretionary decisions.
      (1)   The Planning Commission shall hold at least one public hearing prior to issuing a recommendation to the City Council for an application for a special land use or other discretionary decision relating to this chapter. The City Council may hold additional hearings if considered necessary.
      (2)   Prior to any public hearing, one notice shall be published in at least one newspaper of general circulation within the city. In addition, notice shall be mailed or personally delivered to the owners of the property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet. If the name of the occupant is not known, the term “occupant” may be used. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.
      (3)   The notice shall be given not less than 5 and no more than 15 days before the date of the public hearing. The notice shall:
         (a)   Describe the nature of the request;
         (b)   Describe the property which is the subject of the request;
         (c)   State when and where the public hearing will be considered;
         (d)   Describe when and where written comments will be received concerning the request;
         (e)   Indicate that a public hearing has been scheduled at the initiative of the appropriate board.
   (C)   Appeals to the Zoning Board of Appeals. The Zoning Board of Appeals shall provide public notification for all appeals as required in § 155.275(D).
   (D)   Regulated uses. An application for waiver from location restrictions shall be decided upon following the public hearing procedure as required for special land uses in division (B) of this section.
   (E)   Wireless communications facilities. An application for special land uses shall follow notification requirements of § 155.214(K) and § 155.291(B).
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
§ 155.292 FEE STRUCTURE.
   (A)   The City Council shall establish a schedule of fees and a collection procedure for site plan, rezoning and other reviews, building permits, certificates of occupancy, certificates of re- occupancy, inspections, appeals, and other matters pertaining to this chapter. The city shall have the authority to include fees for the use of engineering, planning, legal or other special consultants. No permit, certificate, special land use approval, or variance shall be issued until such fees have been paid in full.
   (B)   The Planning Commission may recommend adjustments in the fee schedule for the site plan review process to City Council for formal adoption.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
§ 155.293 PERFORMANCE GUARANTEE.
   (A)   The Planning Commission, or City Council when applicable, may require an applicant to deposit a performance guarantee as set forth herein to ensure compliance and completion of improvements with this chapter. Improvements include, but not limited to, streets, parking, lighting, utilities, sidewalks, drainage, fences, screens, walls, and landscaping.
   (B)   A performance guarantee, as used herein, shall mean a cash deposit, certified check, irrevocable bank letter of credit or corporate surety bond in the amount of the estimated cost of the improvements to be made as determined by the city in consultation with the applicant. The city is authorized to review cost estimates and conduct periodic inspections of the progress of improvements.
   (C)   A performance guarantee shall be deposited with the city prior to the issuance of a building permit for the development and use of the land. Upon the deposit of the performance guarantee the city shall issue the appropriate building permit.
   (D)   The Planning Commission, or City Council when applicable, shall set the period of time completion of improvements in relation to the required performance guarantee. The period will begin from the date of the issuance of the building permit.
   (E)   The Community Development Director, upon the written request of the applicant, shall rebate portions of the performance guarantee upon determination that the improvements for which the rebate has been requested have been satisfactorily completed. The portion of the performance guarantee to be rebated shall be in the same amount as stated in the itemized cost estimate for the applicable improvement.
   (F)   The city shall return to the applicant the performance guarantee deposited and any interest earned thereon upon the satisfactory completion of the improvement, as determined by the city, for which the performance guarantee was required. However, the city is not required to deposit the performance guarantee in an interest-bearing account.
   (G)   In the event the applicant defaults in making the improvements for which the performance guarantee was required within the time period established by the city, the city shall have the right to use the deposited performance guarantee and any interest earned to complete the improvements through contract or otherwise, including specifically, the right to enter upon the subject property to make the improvements.
   (H)   If the performance guarantee is not sufficient to allow the city to complete the improvements, the applicant shall be required to pay the city any additional costs incurred in completing the improvements. Should the city use the performance guarantee, or a portion thereof, to complete the required improvements, any amounts remaining after said completion shall first be applied to the city’s administrative costs including, without limitation, attorney fees, planning consultant fees, and engineering consultant fees in completing the improvement with any balance remaining being refunded to the applicant.
   (I)   If the applicant has been required to post a performance guarantee or bond with another governmental agency other than the city to ensure completion of an improvement, the applicant shall not be required to deposit with the city a performance guarantee for that specific improvement. At the time the performance guarantee is deposited with the city and prior to the issuance of a building permit, the applicant shall enter an agreement incorporating the provisions hereof with the city regarding the performance guarantee.
(Ord. 792, passed 12-3-01)
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