A.
Site plan review is required to provide the City of Lapeer with the
opportunity to review the proposed use of a site in relation to surrounding
uses, planned future development, accessibility, pedestrian and vehicular
circulation, street 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.
B.
It is further the intent of this article to require the eventual
upgrade of existing 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 Master Plan.
Prior to the establishment of a use, addition to an existing
use, or the erection of any building in a zoning district, a site
plan shall be submitted and approved by the City in accordance with
the procedures of this article, and the development requirements of
this and other applicable ordinances.
A.
Site plan and administrative site plan reviews and approvals shall
be required for the activities or uses listed in Table 7.18.1. Approvals
are obtained from the Planning Commission, City Commission, Planning
Department or Building Official depending upon the nature of the proposed
construction or use. Where City Commission approval is required, it
shall be based upon the recommendation of the Planning Commission.
B.
All applications for site plan or administrative site plan approval
shall be reviewed by the Planning Department for compliance with the
standards of the respective departments.
C.
Activities and uses that are exempt from site plan/administrative
site plan approval may require a building permit, zoning permit or
sign permit.
(1)
Any change in use of an existing building or site requires a
zoning permit. The zoning review process may identify additional review
requirements.
D.
Site preparation work shall not commence until site plan approval
has been received and the required permits have been issued.
|
Table 7.18.1: Plan Review Requirements
| |||
|---|---|---|---|
|
New Construction
|
Expansion
|
Change in Use
| |
|
Single-family dwelling on an existing lot
|
Zoning and/or building permits
|
Zoning and building permits
|
Zoning permit
|
|
Multiple-family development
|
Site plan approval and building permit
|
Site plan approval and building permit
|
Zoning permit
|
|
Commercial, industrial, or institutional
|
Site plan approval and building permit
|
Major expansion: site plan
Minor expansion:
administrative site plan
Also, building permit
|
Zoning permit
|
|
Special land use (SLU)
|
SLU and site plan approval
|
SLU and site plan approval
|
SLU (if applicable) and site plan
|
|
Planned unit development
|
Procedures for approval of PUDs are outlined in Article XII, Planned Unit Developments (PUD)
| ||
|
Subdivision or condominium
| |||
|
Parking lot
|
Site plan approval
|
Major expansion: site plan
Minor expansion:
administrative site plan
|
Zoning permit
|
|
Residential accessory structures and uses
|
Zoning and/or building permits
|
Zoning and building permits
|
Zoning permit
|
|
Commercial, industrial, or institutional accessory uses or structures
|
Zoning and/or building permits
|
Administrative site plan and/or building permit
|
Zoning permit
|
|
Essential service
|
N/A
|
N/A
|
N/A
|
|
Signs
|
Sign permit
|
Sign permit
|
N/A
|
|
Landscaping
|
Site plan approval
|
Administrative site plan
|
N/A
|
Site plans and administrative site plans must be submitted in
accordance with the following procedures and requirements:
A.
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, or with a statement signed by the owner
granting permission from the property owner for the application. The
application shall include the following:
(1)
A complete application form, with original signatures.
(2)
Proof of ownership.
(3)
A written use statement.
(4)
The required fee, as established by the City Commission.
(5)
A complete site plan that includes the information as detailed
in the site plan application. Information requirements may be waived
by the Planning Commission if they determine they are not necessary
to verify compliance with this chapter's requirements.
B.
Administrative review. The process for administrative review of a
site plan shall involve submittal of the site plan and required application
form and fee to the Planning Department. The Planning Department shall
review the site plan in accordance with the same standards used by
the Planning Commission for a full site plan. Information requirements
may be waived by the Planning Department if the Department determines
they are not necessary to verify compliance with this chapter's requirements.
The Planning Department shall make a report of administrative reviews
to the Planning Commission.
C.
Planning Commission review.
(1)
Application and review. Following Planning Department review,
site plans requiring Planning Commission approval shall be placed
on the agenda of the Planning Commission. The Planning Commission
shall review the application, together with the reports and recommendations
from the Planning Department and other reviewing departments and agencies,
as appropriate.
(2)
Planning Commission action. The Planning Commission shall make
a determination based on the requirements and standards of this chapter
and Planning Department review letter 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 to approve and documented
in the Planning Commission's minutes, a copy of which shall be provided
to the applicant.
D.
Recording of site plan review action. The site plan shall be revised
to reflect any conditions of approval and submitted to the Planning
Department. Copies of the approved site plan will be filed with the
Planning Department, including digital files of the approved plan.
E.
Electronic drawings. Digital files of the approved plans shall be
submitted to the Building Department. The files shall be compatible
with the City's geographic information system (GIS) software. Information
on acceptable data formats are available from the Planning Department.
Acceptable data formats are ESRI geobase (preferred), DXF, or DWG.
Digital files shall contain information which references either government
corners or existing public right-of-way intersections in distance
and direction from the project area. All digital files will be created
at a one-to-one scale. Feature or element information within the digital
files shall be isolated by both feature groups (files) and layers/levels
to meet the City's level specification. Any other information provided
within the digital files shall be layer isolated from data included
in the City's specification and shall include a written description
of both the layer name and the information contained on the layer(s).
Digital information provided to the City shall be delivered in a format
compatible with the Microsoft Windows operating system. Acceptable
delivery media shall be CD-RW, or Zip disk.
F.
Other agency approvals. The applicant shall obtain all other necessary
agency permits from other appropriate agencies, including, but not
limited to, the Michigan Department of Environmental Quality (MDEQ),
Michigan Department of Transportation (MDOT) and other federal, state
and county agencies, as applicable. Copies of applications for all
applicable outside agencies shall accompany submission of the application
and site plan to the City and approvals shall be obtained prior to
the issuance of building permits, and before any substantial development
activity takes place.
G.
Engineering review. Following Planning Commission approval of a site
plan, the City shall make a full review of the engineering plans.
A building permit shall not be issued without the approval of the
City.
H.
Building permit. An application for a building permit may be submitted
following final approval of the site plan, or sketch plan and engineering
plans. The applicant is responsible for obtaining all other applicable
City, county, or state permits before a building permit is received.
I.
As-built drawings. Digital files of as-built drawings shall be submitted to the City meeting the format requirements noted in Subsection E above.
J.
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. Any physical changes
to the site shall require approval of the City under the requirements
of this chapter. 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 chapter and a nuisance
per se.
Based upon the following standards, the Planning Commission
may deny, approve, or approve with conditions the site plan:
A.
Use. The proposed use must be permitted in the zoning district and
meet all of the applicable use standards.
B.
Site design characteristics. All elements of the site plan shall
be designed to take into account the site's topography; the size and
type of lot; the character of adjoining property; the type and size
of buildings; and the traffic operations of adjacent streets. The
site shall be developed so as not to impede the normal and orderly
development or improvement of surrounding property for uses permitted
in this article. The site shall be designed to conform to all provisions
of this article.
C.
Building design. The building design shall relate to the surrounding environment in regard to texture, scale, mass, proportion and color. High standards of construction and quality materials will be incorporated into the new development in accordance with the requirements of § 7-15.01, Building appearance.
D.
Preservation of significant natural features. The landscape shall
be preserved in its natural state, insofar as practicable, by 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.
E.
Site access, circulation and parking. Safe, convenient, uncongested
and well-defined vehicular circulation within and to the site shall
be provided.
(1)
Access to the site shall be designed to minimize conflicts with
traffic on adjacent streets, particularly left turns into and from
the site. All driveways shall meet the design and construction standards
of the City and/or Lapeer County, as applicable. Cross circulation
in the form of shared driveways, service drives or parking lot connections
shall be provided with adjacent uses where required.
F.
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. Vehicle circulation shall
meet turning radius requirements set by the fire department. Fire
lanes shall be designated on the site and posted with signage by the
developer/property owner at the developer's/property owner's expense
prior to occupancy. Fire hydrants, fire-suppression systems, fire
detection and fire extinguishers shall be provided as required by
the fire department.
G.
Traffic impact. The expected volume of traffic to be generated by
the proposed use shall not adversely affect existing streets and traffic
patterns. Street access shall minimize excessive vehicle traffic on
local streets to reduce the possibility of any adverse effects upon
adjacent property. To determine traffic impact, the Planning Commission
may require a traffic study based on the criteria in the United States
Department of Transportation guide "Evaluating Traffic Impact Studies:
A Recommended Practice for Michigan Communities."
H.
I.
Utilities and stormwater management. Public water supply and sewer
facilities shall be available or shall be provided for by the developer
as part of the site development. All utilities and stormwater management
facilities shall be reviewed and approved by the Department of Public
Works.
[Amended 8-3-2020]
J.
Other agency reviews. The applicant shall provide documentation of
compliance with other appropriate agency review standards, including,
but not limited to, the Michigan Department of Environment, Great
Lakes and Energy (MEGLE), Michigan Department of Transportation (MDOT)
and other federal, state and county agencies, as applicable.
[Amended 8-3-2020]
K.
Hazardous materials. Sites that 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. These areas shall be designed
to meet all applicable state and federal regulations and incorporate
basic management practices for the handling of hazardous materials.
Uses that involve the storage of large quantities of hazardous or
combustible materials shall be located and designed to ensure no threat
to nearby uses and residents is present.
L.
Other studies. The Planning Commission shall have the authority to
require other studies and materials be submitted to confirm compliance
with the standards of this section, including, but not limited to,
traffic impact studies, market studies, environmental assessments
or utility capacity analysis.
A.
As part of an approval of any site plan, the Planning Commission
may impose any additional conditions or limitations as may be necessary
to ensure that public services and facilities affected by a proposed
land use or activity will be capable of accommodating increased service
and facility loads caused by the land use or activity.
B.
Conditions may also be imposed to protect the natural environment
and conserve natural resources and energy; to ensure compatibility
with adjacent uses of land; and to promote the use of land in a socially
and economically desirable manner. Such conditions shall be considered
necessary by the Planning Commission to ensure compliance with the
review standards, and necessary to meet the intent and purpose of
this article.
C.
The conditions imposed on approval of a site plan run with the property
and not with the owner of such property.
D.
A record of conditions imposed shall be recorded in the minutes attached
to the approved site plan and maintained by the City. The conditions
shall remain unchanged unless an amendment to the site plan is approved
by the Planning Commission.
A.
Start of construction. Site plan approval is valid for a period of
one year from the date of approval. Building permits must be issued
and physical construction must commence within the one-year period.
B.
Expiration of site plan approval. In cases where construction authorized
by a site plan approval has not commenced within one year of site
plan approval or granting of an extension, the site plan approval
shall automatically become null and void and all rights thereunder
shall terminate.
C.
Extensions. Upon written application prior to expiration, the Planning
Commission may authorize an extension of the time limit of the site
plan approval for up to an additional one year. The extension shall
be based on evidence from the applicant that the development has a
likelihood of commencing construction within the extension period.
The Planning Commission may require compliance with any amendments
to the Zoning Ordinance since the site plan was originally approved.
Amendments to the approved site plan may occur only under the
following circumstances:
A.
Minor changes. Prior to making any change to an approved site plan/administrative
site plan, the applicant or property owner shall notify the Planning
Department of any desired change. The Planning Department shall review
the request and determine whether the requested change is minor or
major. The following shall be considered minor changes:
(1)
Movement of a building or buildings by no more than five feet,
provided all setback, parking, landscaping and other site requirements
are still met.
(2)
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.
(3)
Trees to be preserved that were damaged or lost during construction
may be replaced by trees of a similar species, with two new trees
required for each tree replaced.
(4)
Improvements to site access or circulation, such as deceleration
lanes, boulevards, curbing, pedestrian/bicycle paths, but not the
addition of new driveways.
(5)
Changes of building materials or design, fencing, screening,
or site amenities which will result in a higher-quality development,
as determined by the Planning Department.
(6)
Changes required or requested by the City, county, state or
federal agency for safety reasons or for compliance with applicable
laws that do not alter the basic design, compliance with the standards
of approval, nor any specified conditions of the approved site plan.
(7)
Situations the Planning Department deems similar to the above
that do not alter the basic design, compliance with the standards
of approval, nor any specified conditions of the approved site plan.
B.
Major changes. All other changes not considered minor shall be considered
a major change requiring a new application for site plan review.
