The Planning Commission shall have the authority to review and to approve or reject all site plans (i.e., preliminary, final, and combined site plans). Prior to the issuance of building permits or commencement of construction, site plan review and approval is required in accordance with the procedures contained in this section.
(A) When required.
(1) Site plan review is required for all proposed uses, including change of use, and certain existing uses within the city where an alteration, addition, expansion, change, or conversion constitutes an increase or reduction to the existing structure or use of more than 500 square feet or 10%, whichever is less; or would require a variance from the provisions of this chapter, regardless of its size.
(2) A site plan shall not be required for individual single- or two-family dwellings, or residential accessory buildings.
(3) The city shall not issue a building permit until a final site plan has been approved and is in effect. A use, not involving a building or structure, shall not be commenced or expanded, nor shall the Zoning Administrator or duly appointed agent issue an occupancy permit for such use until a final site plan has been approved and is in effect.
(4) No grading, removal of trees, or other vegetation, landfilling, or construction of improvements shall commence for any development which requires site plan approval until a final site plan is approved and is in effect, except as otherwise provided in this subchapter.
(B) Preliminary sketch plan.
(1) Administrative Review.
(a) The intent of this section is to permit the submittal of a preliminary sketch plan in certain specific instances where a complete site plan is not considered essential to ensure compliance with the intent and standards of this chapter. The intent is to also provide for an administrative review by city staff of Planning Commission approved site plans for compliance with conditions as imposed by the Planning Commission.
(b) In lieu of a complete site plan prepared in accordance with divisions (C) and (D) below, a preliminary sketch plan may be submitted for the uses or activities identified below:
1. Accessory uses incidental to a conforming existing use where said use does not require any variance or further site modifications;
2. Expansion and/or addition of 1,500 square feet or less to an existing conforming structure or use;
3. Alterations to off-street parking layout or installation of pavement or curbing improvements provided the total number of spaces does not change the number of parking spaces by more than 5% or to meet various federal, state, or ADA requirements;
4. Improvements or installation of walls, fences, lighting, or trash containers/enclosures;
5. Approval for establishment of a home occupation; and/or
6. Change of use in the Central Business District limited to a use not exceeding 2,500 square feet or a change of use in any other zoning district limited to a use not exceeding 1,500 square feet.
(c) 1. The procedure for administrative approval of a preliminary sketch plan shall involve the submittal of a preliminary sketch plan meeting the requirements of division (B)(2) below. Additionally, the required application form and fee shall be submitted. The Zoning Administrator shall review the preliminary sketch plan in accordance with the standards of division (D)(3). The Zoning Administrator shall make a report of administrative reviews to the Planning Commission.
2. The Zoning Administrator retains the option to require additional information or a complete site plan for review by the Planning Commission, particularly for sites which do not comply with previously approved site plans, sites with parking deficiencies, sites abutting residential districts, or sites experiencing problems with drainage, traffic, noise, aesthetics, or other general health and safety issues. If a complete site plan is required, the Zoning Administrator shall inform the applicant to submit a set of plans in accordance with this subchapter within 14 days of receipt of the application. The Zoning Administrator shall also have authority to refer any site plan eligible for administrative review to any consultants employed by the city for the purposes of site plan review.
3. The Planning Commission shall require the applicant to deposit a performance guarantee for all projects with greater than $5,000 in site improvements including, but not limited to, roadways, lighting, utilities, sidewalks, drainage, fences, walls, and landscaping. Such performance guarantee shall be deposited in accordance with § 154.027.
(2) Information required. The general information required for all cases includes:
(a) Details of the proposed changes to the use or structure in question;
(b) Proprietors’, applicants’, and owners’ names, addresses, and telephone numbers;
(c) Location map with north point indicated;
(d) Locations of existing landscaping, lighting, parking, if applicable, including the proposed method of refuse collection;
(e) Gross acreage and building figures;
(f) Zoning classification of petitioners’ parcel and all abutting parcels;
(g) An inspection of the site by both the Building Inspector and Fire Chief to ensure compliance with applicable building and fire codes. Documentation of an inspection shall be given to the Zoning Administrator; and
(h) Estimated cost of proposed site improvements including roadways, lighting, utilities, sidewalks, drainage, fences, walls, and landscaping.
(C) Preliminary site plan.
(1) Application. Any applicant may submit a request for preliminary site plan review by filing with the Zoning Administrator completed forms, payment of the review fee, and 12 copies of the preliminary site plan drawing(s) properly signed and sealed by a licensed professional. The Administrator, upon receipt of the application, shall transmit only complete submittals of the preliminary site plan drawings to the Planning Commission, city planning and engineering consultants, and any other consultants, at least 21 days prior to its next regular meeting. The purpose of such preliminary review is to confirm general compliance with city standards as well as to suggest changes, if necessary, for final site plan approval.
(2) Information required. Each preliminary site plan submitted for review shall provide the following information:
(a) Property owner and applicant name and address;
(b) Scale, north arrow, and date of plan;
(c) Location, description, dimensions, and area of the site; zoning classification; and demonstration of compliance with lot area, width, coverage, and setback requirements;
(d) General topography and soils information and existing natural and human-made features to be retained or removed;
(e) Use, location, and dimensions of proposed buildings/structures including floor area, number of floors, height, number, and type of dwelling units (where applicable);
(f) Proposed streets/drives including general alignment, right-of-way, surface type, and width, based on ordinance requirements for proposed use;
(g) Proposed parking including location and dimensions of spaces and aisles, and surface type;
(h) Demonstration that all barrier-free requirements have been met;
(i) Adjacent land uses, property owners, and zoning and location of adjacent buildings and drives/streets;
(j) Proposed phasing;
(k) Location and width of any easements on the site; and
(l) General description and location of proposed service facilities, including water supply facilities, sanitary sewage disposal facilities, and stormwater control facilities.
(3) Planning Commission action. The Planning Commission shall approve, approve with conditions, or deny the preliminary site plan within 90 days from the date of the Planning Commission meeting at which the site plan is first heard. The Planning Commission shall set forth the reason for its action in the record of the meeting at which action is taken. The time limit may be extended upon a written request by the applicant and approval by the Planning Commission.
(4) Effect of approval. Approval of a preliminary site plan by the Planning Commission shall indicate its general acceptance of the proposed layout of buildings, streets and drives, parking areas, other facilities, and overall character of the proposed development.
(5) Expiration of approval. Approval of a preliminary site plan shall be valid for a period of 180 days from the date of approval and shall expire and be of no effect unless an application for a final site plan is filed with the Zoning Administrator within that time period. The Zoning Administrator or duly appointed agent shall, within 30 days of the date of action of the Planning Commission of the preliminary site plan, transmit a written certification of such approval to the applicant.
(D) Final site plan.
(1) Application. Following approval of a preliminary site plan, the applicant shall submit to the Zoning Administrator 12 copies of a final site plan as well as other data and exhibits hereinafter required, the review fee, and a completed application form. The Administrator, upon receipt of the application, shall transmit only complete submittals of the final site plan drawing(s) to the Planning Commission, city planning and engineering consultants, and any other consultants, prior to its next regular meeting.
(2) Information required. A final site plan submitted for review and approval shall contain all of the following data presented in a clear and legible format. Site plans shall consist of an overall plan for the entire development. Sheet size shall be at least 24 inches by 36 inches with plan view drawn to a scale of no greater than one inch equals 50 feet for property less than three acres or no greater than one inch equals 100 feet for property three or more acres.
(a) General information.
1. Proprietors’, applicants’, and owners’ names, addresses, and telephone numbers;
2. Date of preparation, including revisions;
3. Scale;
4. North point;
5. Location map drawn at a scale of one inch equals 2,000 feet with north point indicated;
6. Architect, engineer, surveyor, landscape architect, or planner’s seal and signature;
7. Existing and proposed lot lines, building or structures, parking areas, drives, and the like on the parcel and within 100 feet of the site;
8. Centerline and existing and proposed right-of-way lines of any street;
9. Zoning classification of petitioner’s parcel and all abutting parcels; and
10. Gross acreage figure.
(b) Physical features.
1. Acceleration, deceleration, and passing lanes and approaches;
2. Proposed locations of access drives, street intersections, driveway locations, sidewalks, and curbing;
3. Location of existing and proposed service facilities above and below ground, including:
a. Chemical and fuel storage tanks and containers;
b. Water supply facilities;
c. Sanitary sewage disposal facilities;
d. Stormwater control facilities and structures; and
e. Location of all easements.
4. Location of all structures with setback, yard dimensions, and gross area;
5. Dimensioned parking spaces and parking and loading calculations, drives type of surfacing and on-site circulation patterns;
6. Details of barrier-free parking, access, and similar site features;
7. Dimensioned floor plans, elevations, and proposed construction materials of all proposed buildings on the site;
8. Proposed site lighting information;
9. Location and description of all existing and proposed landscaping, berms, fencing, and screening walls;
10. Trash receptacle pad location, size, and method of screening;
11. Transformer pad location and method of screening;
12. Dedicated road or service drive locations;
13. Entrance details including sign locations, types, and size;
14. Designation of fire lanes; and
15. Any other pertinent physical features.
(c) Natural features.
1. Soil characteristics of the parcel to at least the detail provided by the U.S. Soil Conservation Service, Soil Survey of Genesee County, Michigan;
2. Existing topography with a maximum contour interval of two feet. Areas with slopes greater than 10% (one foot of vertical elevation for every ten feet of horizontal distance) shall be delineated. Topography on the site and beyond the site for a distance of 100 feet in all directions shall also be indicated;
3. Grading plan, showing finished contours at a maximum interval of one foot, correlated with existing contours so as to clearly indicate required cutting, filling, and grading;
4. Location of existing drainage courses and associated bodies of water, on and off site, and their elevations. The location of existing wetlands and floodplains shall be included;
5. Location, size, and type of all single trees having a diameter breast height (d.b.h.) of four inches or greater. Wooded areas shall be delineated by symbolic lines tracing the spread of the outermost branches and shall be described as the general sizes and kinds of trees contained; and
6. Keyed plan outlining soil erosion and sedimentation measures to be provided.
(d) Additional requirements for residential developments.
1. Density calculations by type of unit by bedroom counts;
2. Designation of units by type and number of units in each building;
3. Carport locations and details where proposed;
4. Specific amount, location, and type of recreation spaces; and
5. Number and location of visitor parking spaces to be provided.
(e) Additional requirements for commercial and industrial developments.
1. Loading/unloading areas;
2. Gross floor area; and
3. Number of employees in peak usage.
(3) Standards for review. In reviewing the final site plan, the Planning Commission shall determine whether the plan meets the following specifications and standards:
(a) The plan conforms to the approved preliminary site plan and with all zoning ordinance regulations;
(b) All required information is provided;
(c) The proposed use will not be injurious to the surrounding neighborhood and protects the general health, safety, welfare, and character of the city;
(d) A proper relationship exists between major thoroughfares and proposed service drives, driveways, and parking areas. Proper access to all portions of the site and all sides of any structure is provided. All structures or groups of structures shall be so arranged as to permit emergency vehicle access by some practical means to all sides;
(e) The location of buildings is such that the adverse effects of such uses will be minimized for the occupants of that use and surrounding areas;
(f) Natural resources will be preserved to the maximum extent possible in the site design by developing in a manner which will not detrimentally affect or destroy natural features such as lakes, ponds, streams, wetlands, steep slopes, soils, groundwater, and woodlands;
(g) Stormwater management systems and facilities will preserve the natural drainage characteristics and enhance the aesthetics of the site to the maximum extent possible, and will 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 site;
(h) Wastewater treatment systems, including on-site septic systems, will be located to minimize any potential degradation of surface water or groundwater quality and meet county and state standards;
(i) Sites which include storage of hazardous materials or waste, fuels, salt, or chemicals will be designed to prevent spills and discharges of polluting materials to the surface of the ground, groundwater, or nearby water bodies in accordance with county and state standards;
(j) Landscaping, including grass, trees, shrubs, and other vegetation is provided to maintain and improve the aesthetic quality of the site and area; and
(k) The proposed use is in compliance with all city ordinances and any other applicable laws.
(4) Planning Commission action.
(a) The Planning Commission shall approve, approve with conditions, or deny the final site plan within 90 days of the date of the Planning Commission meeting at which the site plan is first heard. The time limit may be extended upon a written request by the applicant and approved by the Planning Commission. The Planning Commission may suggest and/or require modifications in the proposed final site plan as are needed to gain approval.
(b) In the interest of ensuring compliance with this chapter and protecting the health, safety, and welfare of the residents of the city, the Planning Commission, as a condition of final approval of the site plan, shall require the applicant to deposit a performance guarantee as set forth in § 154.027 for the completion of improvements associated with the proposed use.
(5) Effect of approval. Approval of a final site plan authorizes applicant to apply for a building permit, certificate of zoning compliance, and/or certificate of occupancy. A building permit, certificate of zoning compliance, and/or certificate of occupancy will not be granted for site plans approved with conditions until the remaining issues have been addressed and resolved to the satisfaction of the Planning Commission.
(6) Expiration of approval. Approval of a final site plan shall expire and be of no effect one year following the date of approval unless construction has begun on the property in conformance with the approved final site plan. The applicant can request a one-year extension from the Planning Commission a month prior to the date of expiration. Approval shall also expire and be of no effect unless a building permit shall have been taken out within 180 days of the date of approval of the final site plan.
(E) Combining preliminary and final site plans. An applicant may, at his or her discretion and risk, combine a preliminary and final site plan application for approval. In such a situation the portion of the review process concerning preliminary site plan application and review may be waived by the Planning Commission. The Planning Commission shall have the authority to require submittal of a preliminary site plan separate from a final site plan, where, in its opinion, the complexity and/or scale of the site for the proposed development so warrant.
(F) Amendment of approved site plan. The Zoning Administrator shall have the authority to determine if a proposed change requires an amendment to an approved final site plan. A site plan may be amended upon application and in accordance with the procedure herein for a final site plan. The Zoning Administrator may approve minor changes in an approved final site plan, provided that a revised final site plan drawing(s) be submitted showing such minor changes, for purposes of record.
(G) Modification of plan during construction. All improvements shall conform to the final site plan. Any changes, which result in a material alteration of the site plan approved by the Planning Commission, shall require re-submittal to the Planning Commission. The Planning Commission or Zoning Administrator may require the applicant to correct the changes so as to conform to the approved final site plan.
(H) Phasing of development. The applicant may, at his or her discretion, divide the proposed development into two or more phases. In such case, the preliminary site plan shall cover the entire property involved and shall clearly indicate the location, size, and character of each phase. A final site plan shall be submitted for review and approval for each phase.
(I) Inspection.
(1) The Building Inspector or the city’s designee shall be responsible for inspecting all improvements for conformance with the approved final site plan. All sub-grade improvements such as utilities, sub-base installations for drives and parking lots, and similar improvements shall be inspected and approved prior to covering. The applicant shall be responsible for requesting the necessary inspections. Prior to final site plan acceptance by the city, the site plan review checklist, approved by the Planning Commission, must be completed by the appropriate city staff documenting conformance with the final site plan.
(2) The Building Inspector/city’s designee shall notify the Zoning Administrator, in writing, when a development for which a final site plan is approved has passed inspection with respect to the approved final site plan. The Building Inspector/city’s designee shall notify the Zoning Administrator, in writing, of any development for which a final site plan was approved, which does not pass inspection with respect to the approved final site plan, and shall advise the Zoning Administrator of steps taken to achieve compliance. In such case, the Building Inspector/city’s designee shall periodically notify the Zoning Administrator of progress towards compliance with the approved final site plan and when compliance is achieved.
(J) Violations. The approved final site plan shall regulate development of the property and any violation of this subchapter, including any improvement not in conformance of the approved final site plan, shall be deemed a violation of this chapter as provided in § 154.999, and shall be subject to all penalties therein.
(Ord. 285, passed 12-8-2003; Ord. 317, passed 11-10-2008; Ord. 335, passed 3-26-2012; Ord. 365, passed 6-8-2015; Ord. 377, passed 6-27-2016) Penalty, see § 154.999