The general provisions of this chapter 8 shall apply to all applications for development approval and procedures under this Ordinance, unless otherwise stated.
A.
Authority to File Applications. Applications shall be submitted to
the City Planner by the Community Planning and Development Department,
the City Council or Planning Commission, or by the owner, or by any
other person having a recognized interest in the land for which the
development is proposed, or their authorized agent.
1.
Community Development Department as Applicant. The authority of the
Community Planning and Development Department to file an application
pursuant to this Ordinance is limited to applications that may be
required for activities or development on City-owned land.
2.
Staff, City Council, or Planning Commission as Applicant. The authority
of the City Council or Planning Commission to file an application
pursuant to this Ordinance is limited to (a) applications for Text
Amendments pursuant to § 8.3A, (b) applications for Zone
Map Amendments pursuant to § 8.3B, (c) applications for
creation, amendment, or rezoning of Planned Unit Overlay (PUD-O) districts
pursuant to § 8.3C.
3.
Applicant is Not Owner. If the applicant is not the owner of the
land, or is a contract purchaser of the land, a letter signed by the
owner consenting to the submission of the application shall be submitted.
This provision does not apply to the submission of site plans, building
permits, or sign permits.
4.
Applicant is Not Sole Owner. If the applicant is not the sole owner
of the land, a letter signed by the other owners or an association
representing the owners consenting to or joining in the application
shall be submitted. This provision does not apply to the submission
of site plans, building permits, or sign permits.
B.
Application Submission Schedule. The schedule for the submission
of applications shall be established by the City Planner and made
available to the public.
C.
Application Contents. Applications required under this Ordinance
shall be submitted in a form established by the City Planner and made
available to the public.
D.
Simultaneous Processing of Applications. Whenever two or more forms
of review and approval are required under this Ordinance (e.g., a
special use permit and a variance), the applications for those development
approvals may, at the option of the City Planner, be processed simultaneously,
so long as all applicable requirements are satisfied for both applications.
E.
Fees.
1.
Determination of Fees. The City Commission shall determine by resolution
the fees to accompany all applications submitted under this Ordinance.
The City Commission may adjust fee amounts from time to time.
2.
Fees to be Paid. No application shall be processed until the established
fee has been paid.
3.
Refund of Fees. Application fees are not refundable except where
the City Planner determines that an application was accepted in error,
or the fee paid exceeded the amount due, in which case the amount
of the overpayment will be refunded to the applicant.
F.
Application Submission. An application for development approval shall
be submitted to the City Planner pursuant to the application submittal
schedule (§ 8.1B: Application Submission Schedule) along
with a fee established pursuant to § 8.1E, Fees.
G.
Determination of Sufficiency.
1.
Determination of Sufficiency. Within seven days following receipt
of the application, the City Planner shall determine if the application
is complete, meets all relevant threshold requirements and includes
data in sufficient detail to evaluate the application to determine
whether it complies with the requirements of this Ordinance.
2.
Determined Insufficient. If the City Planner determines the application
is not sufficient, a notice shall be provided to the applicant specifying
the application's deficiencies. When the application is determined
sufficient, it shall be reviewed pursuant to the procedures and standards
of this chapter. If the applicant fails to correct the deficiencies
within 60 days, the application shall be considered withdrawn.
H.
Scheduling of Public Hearing. When an application for development
approval is subject to a public hearing (see § 8.1K.3, Timing
of Notice, for when a public hearing is required), the City Planner
shall ensure that the public hearing(s) on the application is scheduled
for a regularly scheduled meeting or a meeting specially called for
that purpose by the decision-making or advisory body reviewing the
application. The public hearing(s) shall be scheduled so there is
sufficient time for a Staff Report to be prepared and for the public
notification requirements to be satisfied.
[Amended 6-20-2011 by Ord. No. 1884]
I.
Public Notification. All applications for development approval requiring
public hearings shall comply with the Michigan Statutes, the table
in § 8.1K.4: Timing of Notice, and the other provisions
of this section with regard to public notification.
1.
Content. All notices for public hearings, whether done by publication
or mail (written notice) shall:
a)
Identify Application. Identify the application and the name, address,
and telephone number of the applicant or the applicant's agent.
b)
Date, Time, and Place of Public Hearing. Indicate the date, time
and place of the public hearing(s).
c)
Location. Describe the land involved by street address or by legal
description and nearest cross street, and area (size).
d)
Describe Nature and Scope of Application. Describe the nature, scope,
and purpose of the application or proposal.
e)
Notify Public Where They May Be Heard. Include a statement stating
that the public may appear at the public hearing, be heard and submit
evidence and written comments with respect to the application.
f)
Written Comments. Include a statement describing where written comments
will be received prior to the public hearing.
2.
Published Notice. When the provisions of this Ordinance require that
notice be published, the City Planner shall be responsible for preparing
the content of the notice and publishing the notice in a newspaper
of general circulation that has been selected by the City. The content
and form of the published notice shall be consistent with the requirements
of § 8.1I.1: Content, and state law.
3.
Written (Mailed) Notice.
[Amended 3-19-2007 by Ord. No. 1822; 6-20-2011 by Ord. No. 1884]
a)
General. When the provisions of this Ordinance require that written
or mailed notice be provided, the City Planner shall be responsible
for preparing and mailing the written notice. Notice shall be mailed
to:
1)
All property owners and occupants of the land subject to the
application.
2)
All property owners, or persons to whom real property is assessed,
and occupants of structures within 300 feet of the boundary of the
land subject to the application. The notice to occupants is subject
to the following exceptions:
(a)
Notification need not be given to more than one occupant of
a structure;
(b)
If the structure contains more than one dwelling unit or spatial
area owned or leased by different persons, one occupant of each unit
or spatial area shall be given notice;
(c)
If a single structure contains more than four dwelling units
or other distinct spatial areas owned or leased by different persons,
notice may be given to the manager or owner of the structure with
instructions to post the notice at the primary entrance to the structure.
3)
All neighborhood organizations, public utility companies, railroads,
and other persons who have requested to receive notice pursuant to
§ 8.1J, Registration to Receive Notice by Mail.
4)
For appeals of administrative decisions or requests seeking
an interpretation of the Zoning Ordinance not involving a specific
parcel of property, notice under § 8.1I.2 is sufficient.
5)
Failure to give proper notice shall not invalidate a proceeding
unless mandated by state law.
b)
Notice by Mail/Affidavit. Notice shall be deemed given when deposited
during normal business hours for delivery with the United States postal
service or other private or public delivery service as first class
or similar mail, properly addressed and postage or delivery service
paid. The City Planner shall prepare a list of property owners and
registrants to whom notice was mailed.
4.
Timing of Notice. Unless otherwise provided in the Michigan statutes
and laws or this Ordinance, notice shall be provided as shown in Table
8.1-1 below.
|
Table 8.1-1. Timing of Notice
[Amended 3-19-2007 by Ord. No. 1822; 6-20-2011 by Ord.
No. 1884]
| ||
|---|---|---|
|
Application for Development Approval or Permit
|
Notice Required (days before hearing/action)
| |
|
Written (§ 8.1I3)
|
Published (§ 8.1I2)
| |
|
Text Amendment
|
Planning Commission: Not less than 15 days prior to public hearing
| |
|
City Commission: not less than 15 days prior to public hearing
| ||
|
Amendment to Zone District Map (Rezone)
|
Planning Commission: not less than 15 days prior to public hearing
|
Planning Commission: Not less than 15 days prior to public hearing
|
|
City Commission: reasonable time prior to public hearing
|
City Commission: not less than 15 days prior to public hearing
| |
|
Planned Unit Development District Classification
|
Not less than 15 days prior to public hearing
| |
|
Special Use Permit
| ||
|
Variance
| ||
|
Appeals to Zoning Board of Appeals
| ||
J.
Registration to Receive Notice by Mail.
1.
General. Any neighborhood organization, public utility company, railroad
or any other person may register with the City Clerk to receive written
notice of all applications for development approval pursuant to § 8.1I.3:
Written (Mailed) Notice, or written notice of all applications for
development approval within the zone district in which they are located.
The City Clerk shall provide copies of these requests to the City
Planner who shall be responsible for providing this notification.
2.
Requirements for Eligibility. To be eligible for registration, the
requesting party must provide the City Clerk information in the form
required by the City Clerk to ensure notification can be made. All
persons that have been registered must reregister biannually to remain
registered and continue to receive notification pursuant to this section.
K.
Deferral of Review of Application.
1.
Submission of Request. An applicant may request that a decision-making
or advisory bodies' consideration of an application at public hearing
be deferred by submitting a written request for deferral to the City
Planner.
2.
City Planner Review. The City Planner shall consider deferral requests
of less than 30 days, and shall grant such requests for good cause.
The date of the public hearing at which the application will be heard
shall be set at the time the deferral is granted by the City Planner.
3.
Decision-Making or Advisory Body Review. The decision-making or advisory
body reviewing the application shall consider deferral requests of
more than 30 days, or beyond the next regularly scheduled meeting
of such body, and shall grant such requests for good cause. The date
of the public hearing at which the application will be heard shall
be set at the time the deferral is granted by the decision-making
or advisory board.
L.
Withdrawal of Application.
1.
Submission of Application. Any request for withdrawal of an application
shall be submitted in writing to the City Planner.
2.
Prior to Notice of Public Hearing. The City Planner shall approve
a request for withdrawal of an application if it has been submitted
prior to the time of a public hearing or decision on the application.
M.
Review of Applications by Advisory and Decision-Making Bodies.
1.
Text Amendments, Amendments to Zone District Map (Rezones) and Rezones
to Planned Development District Classifications.
a)
Review and Recommendation by Planning Commission. After submission
of an application for a text amendment, amendment to the Zone District
Map or rezoning to Planned Unit Development Overlay (PUD-O) district
classification, determination of its sufficiency, preparation of the
Staff Report, and scheduling of the application for public hearing(s),
the Planning Commission shall conduct a public hearing on the application
pursuant to § 8.2: Public Hearing Procedures. At the public
hearing, the Planning Commission shall consider the application, the
relevant support materials, the Staff Report, and the public testimony
and other evidence given at the hearing. Within a reasonable period
of time after the close of the public hearing, the Planning Commission
shall make a recommendation to the City Commission recommending either
to approve, approve with conditions (if appropriate) or disapprove
the application based on the relevant review standards. The final
report with the recommendation shall be forwarded to the City Commission.
b)
Review and Action by City Commission.
1)
After receipt of the recommendation from the Planning Commission
and the staff report, the scheduling of a public hearing and public
notification, the City Commission shall conduct a public hearing on
the application pursuant to § 8.2: Public Hearing Procedures.
At the public hearing the City Commission shall consider the application,
the relevant support materials, the staff report, the Planning Commission's
recommendation, and the public testimony and other evidence given.
Within a reasonable period of time after the close of the public hearing,
the City Commission shall approve, approve with conditions (if appropriate)
or disapprove the application based on the relevant review standards
(See § 8.3B: Amendments to Text of Ordinance and Zone District
Map, and § 8.3C: Planned Unit Development Overlay (PUD-O)
District).
2)
If a valid protest petition is filed against a proposed amendment
to the Zone District Map (Rezoning) pursuant to MCLA § 125.584(5),
as amended, the approval request shall not be approved except by a
favorable vote of two-thirds of the City Commission membership.
c)
Notice of Adoption. Notice of the adoption of an amendment to the
text of this Ordinance or the Zone District Map (Rezoning) shall be
published in a newspaper of general circulation within 15 days after
the date of adoption pursuant to MCLA § 125.584(7), as amended.
2.
Special Use Permit (Review and Action by Planning Commission). After
submission of an application for a special use permit, determination
of its sufficiency, preparation of the Staff Report, public notification
and the scheduling of the application for a public hearing, the Planning
Commission shall conduct a public hearing on the application pursuant
to the requirements of § 8.2: Public Hearing Procedures.
At the public hearing, the Planning Commission shall consider the
application, the relevant support materials, the Staff Report, and
the public testimony and other evidence given at the hearing. Within
a reasonable period of time after the close of the public hearing,
the Planning Commission shall either approve, approve with conditions
or disapprove the application based on the relevant review standards
(See § 8.3D: Special Use Permit).
3.
Variance (Review and Action by Zoning Board of Appeals). After submission
of an application for a variance, determination of its sufficiency,
and scheduling of the application for a public hearing, the Zoning
Board of Appeals shall conduct a public hearing on the application
pursuant to the requirements of § 8.2: Public Hearing Procedures.
At the public hearing, the Zoning Board of Appeals shall consider
the application, the relevant support materials, and the public testimony
and other evidence given at the hearing. Within a reasonable period
of time after the close of the public hearing, the Zoning Board of
Appeals shall either approve, approve with conditions or disapprove
the application based on the relevant review standards (See § 8.3E:
Variances).
N.
Notification of Decision. Notification of a decision on an application
for development approval shall be provided by the City Planner to
the applicant by mail within 14 days after the decision. A copy of
the decision shall also be made available to the public at the offices
of the City Planner, during normal business hours.
O.
Rehearing of Applications.
1.
General. Whenever any application for development approval is disapproved,
a similar application for all or a part of the same land shall not
be considered for a period of one year after the date of disapproval
unless a Waiver of Time Limit is approved by the decision-making body
pursuant to the requirements of § 8.1O.2: Waiver of Time
Limit. Only one request for waiver of time limit may be submitted
by the applicant during the one-year period.
2.
Waiver of Time Limit. The waiver of time limit shall be approved
only upon a finding by two-thirds of the membership of the decision-making
body that:
a)
Substantial Change in Circumstances. There is a substantial change
in circumstances relevant to the issues or facts considered during
review of the application that might reasonably affect the decision-making
body's application of the relevant review standards to the development
proposed in the application; or
b)
New or Additional Information. New or additional information is available
that was not available at the time of the review that might reasonably
affect the decision-making body's application of the relevant review
standards to the development proposed; or
c)
New Application Materially Different. A new application is proposed
to be submitted that is materially different from the prior application;
or
d)
Material Mistake of Fact. The final decision on the application was
based on a material mistake or omission of fact that, if known, would
likely have resulted in a different determination.
P.
Examination and Copying of Application/Other Documents. At any time
upon reasonable request and during normal business hours, any person
may examine an application, the Staff Report and materials submitted
in support of or in opposition to an application in the office of
the City Planner, subject to recognized exceptions under the Freedom
of Information Act[1] or other state or federal law.
[1]
Editor's Note: See MCLA § 15.231 et seq.
All public hearings [amendments to the text and Zone District
Map (rezoning); Planned Unit Development Overlay (PUD-O) District
classifications (rezoning); special use permits; and variances] held
pursuant to this Ordinance shall comply with the following procedures.
A.
Conduct of Public Hearing.
1.
Burden of Proof or Persuasion. The burden of demonstrating that an
application complies with applicable review and approval standards
of this Ordinance is on the applicant. The burden is not on the City
or other parties to show that the standards have not been met by the
applicant.
2.
Rights of All Persons. Any person may appear at a public hearing
and submit evidence, either individually or as a representative of
a person or an organization. Each person who appears at a public hearing
shall be identified, state an address, and if appearing on behalf
of a person or organization, state the name and mailing address of
the person or organization being represented.
3.
Exclusion of Testimony. The body conducting the public hearing may
exclude testimony or evidence that it finds to be irrelevant, immaterial,
or unduly repetitious.
4.
Offers of Testimony. In the event any testimony or evidence is excluded
as irrelevant, immaterial, or unduly repetitious, the person offering
such testimony or evidence shall have an opportunity at that meeting
to offer such testimony or evidence for the record. Such offer shall
be made at the public hearing.
5.
Continuance of Public Hearing.
a)
General. The body conducting the public hearing may, on its own motion
or at the request of any person, continue the public hearing to a
fixed date, time and place. An applicant shall have the right to request
and be granted one continuance; however, all subsequent continuances
shall be granted at the discretion of the body conducting the public
hearing only upon good cause shown.
b)
Notice. A public hearing for which proper notice was given may be
continued to a later date without again complying with the notice
requirements of this section, provided that the continuance is set
for a date within 30 days, or to the next regularly scheduled meeting,
and the date and time of the continued hearing is announced at the
time of the continuance.
6.
Time. The body conducting the hearing shall act in accord with any
time limits established in this Ordinance. Action shall be taken as
promptly as possible in consideration of the interests of the applicant,
the citizens of the City and the City, and shall include a statement
of a recommendation or decision of approval or disapproval (whichever
is appropriate).
A.
General. The table below summarizes the development review procedures
for all types of applications for development approvals and other
permits outlined in this section.
|
Table 8.3-1 Development Review Procedures
[Amended 3-19-2007 by Ord. No. 1822]
| |||||||
|---|---|---|---|---|---|---|---|
|
Procedure
|
Review and Decision-Making Authority
|
Notices (Written, Newspaper)
| |||||
|
Staff
|
PC
|
ZBA
|
HO
|
CC
| |||
|
Text Amendments (§ 8.3A)
|
R
|
<R>
|
—
|
<DM>
|
N
| ||
|
Zone District Map Amendments (§ 8.3B)
|
R
|
<R>
|
—
|
<DM>
|
W, N
| ||
|
Planned Unit Development District (§ 8.3C)
|
R
|
<R>
|
—
|
<DM>
|
W, N
| ||
|
Special Use Permit (§ 8.3D)
|
R
|
<DM>
|
—
|
W, N
| |||
|
Variance (§ 8.3E)
|
R
|
—
|
<DM>
|
W
| |||
|
Appeals of Administrative Decisions (§ 8.3F)
|
—
|
—
|
<DM>
|
—
|
W
| ||
|
Administrative Adjustments
(§ 8.3G)
|
DM
|
<A>
|
—
| ||||
|
Site Plan Review
| |||||||
|
CBTR District (§ 8.3H)
|
R
|
DM
| |||||
|
All other districts (§ 8.3H)
|
DM
(if delegated)
|
DM
(if not delegated)
| |||||
|
Sign Permit (§ 8.3I)
|
DM
|
—
|
<A>
|
—
| |||
|
Temporary Use Permit
(§ 8.3J)
|
DM
|
—
|
<A>
|
—
| |||
|
Certificate of Zoning Compliance (§ 8.3K)
|
DM
| ||||||
|
Interpretations (§ 8.3L)
|
DM
|
<A>
| |||||
|
Beneficial Use Determinations (§ 8.3M)
|
R
|
<DM>
| |||||
|
NOTES:
| ||
|---|---|---|
|
PC
|
=
|
Planning Commission
|
|
ZBA
|
=
|
Zoning Board of Appeals
|
|
HO
|
=
|
Hearing Officer
|
|
CC
|
=
|
City Commission
|
|
R
|
=
|
Review Body (Responsible for Review and Recommendation)
|
|
DM
|
=
|
Decision-Making Body (Responsible for Final Decision
to Approve or Deny)
|
|
A
|
=
|
(Appellate) Authority to hear and decide appeals of
Decision-Making Body's or Staff's action
|
|
<>
|
=
|
Public Hearing Required
|
|
N
|
=
|
Published Notice pursuant to § 8.1I2, Published
Notice
|
|
W
|
=
|
Written notice pursuant to § 8.1I3, Written
(Mailed) Notice.
|
B.
Amendments to Text of Ordinance or Zone District Map (Rezoning)
1.
Purpose. The purpose of this section is to provide a means for amending
the text of this Ordinance or making an amendment to the Zone District
Map (Rezone).
2.
Authority. The City Commission may adopt an ordinance amending the
text of this Ordinance or amending the Zone District Map (Rezone)
upon compliance with the provisions of this section.
3.
Initiation.
a)
Amendment to the Text of This Ordinance. A petition to amend the
text of this Ordinance may be initiated by the City Commission, the
Planning Commission, City staff, an owner of property in the City,
or a citizen of the City.
b)
Amendment to Zone District Map. A petition to amend the Zone District
Map (Rezoning) may be initiated by the City Commission, the Planning
Commission, City staff, or pursuant to § 8.1A: Authority
to File Applications.
Zone District Map Amendments
(Includes PUD)
|
4.
Procedures. The procedures and requirements for a rezoning shall
comply with the requirements of § 8.1, General Provisions.
5.
Standards. The advisability of amending the text of this Ordinance
or making an amendment to the Zone District Map (Rezoning) is a matter
committed to the legislative discretion of the City Commission and
is not controlled by any one factor. In considering a Zone District
Map (Rezoning) amendment, the City Commission may adopt a change for
only part of the area requested or for a less intense zone district
than requested by the applicant. In determining whether to adopt or
disapprove the proposed amendment, the City Commission shall consider
the following factors:
a)
Consistent With Comprehensive Plan. Whether and the extent to which
the proposed amendment is consistent with the Comprehensive Plan.
b)
Changed Conditions. Whether and the extent to which there are changed
conditions that require an amendment.
c)
Community Need. Whether and the extent to which the proposed amendment
addresses a demonstrated community need.
d)
Compatible With Surrounding Uses. Whether and the extent to which
the proposed amendment is compatible with existing and proposed uses
surrounding the subject land, and is the appropriate zone district
for the land, or the proposed amendment to the text of this Ordinance
will maintain or improve compatibility among uses and will ensure
efficient development within the City.
e)
Development Patterns. Whether and the extent to which the proposed
amendment would result in a logical and orderly development pattern.
C.
Planned Unit Development Overlay (PUD-O).
1.
General. Proposed Planned Unit Development Overlay (PUD-O) zone district
shall comply with all applicable requirement of § 3.4: Planned
Unit Development Overlay (PUD-O) Zone District, and with this standards
and criteria set forth in this § 8.3C.
2.
General Applicability. Before any development shall be designated
as a Planned Unit Development Overlay (PUD-O) zone district on the
Zone District Map, it shall receive approval pursuant to the terms
of this section.
3.
Procedure.
a)
Overview. A Planned Unit Development Overlay (PUD-O) District shall
constitute an amendment to the Zone District Map. It shall be controlled
by a PUD Plan and PUD Agreement that is approved as part of the Planned
Unit Development Overlay (PUD-O) zone district classification. The
procedure requires review and recommendation of approval, approval
with conditions or disapproval by the Planning Commission and review
and approval, approval with conditions or disapproval by the City
Commission. Subsequent to development of a Planned Unit Development
Overlay (PUD-O) district, a site plan shall be approved pursuant to
§ 8.3.H: Site Plan.
b)
General. The procedures and requirements for a Planned Unit Development
Overlay (PUD-O) district classification shall comply with the requirements
of § 8.1: General Provisions.
4.
Standards In approving a Planned Unit Development Overlay (PUD-O)
zone district classification, the City Commission shall find the zone
district designation and PUD Plan complies with the following standards:
a)
Development Parameters.
1)
The proposed uses for the development may be varied from the permitted uses and special uses for the underlying base zone district identified in § 4.1: Use Table.
2)
The dimensional standards may vary from the requirements in
§ 5.1: Density/Intensity/Dimensional Standards Table.
3)
The development is comprehensively planned and integrated, compact,
and, where possible, linked by pedestrian ways to surrounding properties.
4)
The development is compatible with the character of surrounding
land uses and maintains and enhances the value of surrounding properties.
b)
Signs. Signage complies with Chapter 7: Signs, except that signage standards may vary from Chapter 7: Signs, if a comprehensive sign plan for the proposed development is submitted that is determined to be suitable for the PUD Plan, and it is consistent with the intent and purpose of the sign regulations.
c)
Public Facilities.
1)
The PUD Plan demonstrates a safe and adequate on-site transportation
circulation system that is integrated with the off-site transportation
circulation system of the City.
2)
The PUD Plan demonstrates a safe and adequate on-site system
of potable water and wastewater lines that can accommodate the proposed
development, that are efficiently integrated into off-site potable
water and wastewater public improvement plans.
3)
Adequate off-site facilities for potable water supply, sewage
disposal, solid waste disposal, electrical supply, fire protection
and roads is planned and programmed for the development proposed in
the PUD Plan, and the development is conveniently located in relation
to schools and police protection services.
4)
The improvements standards applicable to the public facilities
that will serve the site comply with the relevant City regulations.
Provided, however, the development may deviate from the City's road
standards so the development achieves greater efficiency of infrastructure
design and installation through clustered or compact forms of development,
when the following minimum design principles are followed:
(a)
The circulation system is designed to provide safe, convenient
access to all areas of the proposed development using the minimum
practical roadway length. Access is provided by a public right-of-way,
private vehicular or pedestrian way or a commonly owned easement Internal
pathways are provided to form a logical, safe and convenient system
for pedestrian access to dwelling units and common areas, with appropriate
linkages off-site.
(b)
Roadways are designed to permit access by emergency vehicles
to all lots and/or units. An access easement is granted for emergency
vehicles and utility vehicles, as applicable, to use roadways in the
development for the purpose of providing emergency services and for
installation, maintenance and repair of utilities.
(c)
Principal vehicular access points are designed to provide for
smooth traffic flow, minimizing hazards to vehicular, pedestrian,
or bicycle traffic. Where a PUD-O district abuts a major collector,
arterial road, or highway, direct access to the road or highway from
individual lots, units, or buildings is not permitted, unless specifically
approved as part of the PUD-O district.
d)
Open Space. The development proposed in the PUD Plan complies with
the following open space standards:
1)
A minimum of 35% of the gross land in the PUD Plan is reserved
for common recreation and usable open space. Parking areas, street
right-of-way and minimum yard setbacks shall not be counted when determining
usable open space. Water bodies and floodplains that are preserved
as open space shall count towards this minimum standard, even when
they are not usable by or accessible to the residents of the development.
2)
All privately owned common open space shall continue to conform
to its intended use, as specified in the PUD Plan. To ensure that
all the common open space identified in the PUD Plan will be used
as common open space, restrictions and/or covenants shall be placed
in each deed to ensure their maintenance and to prohibit the partition
of any common open space.
e)
Natural Resource and Environmental Protection. The PUD Plan complies
with the current regulatory standards of this Ordinance and other
relevant City, state and federal regulations related to natural resource
and environmental protection.
f)
Phasing. The PUD Plan includes a phasing plan for the development,
if appropriate, with specific build-out dates and the necessary components
to insure protection of natural resources and the health, safety,
and welfare of the users of the planned unit development and the residents
of the surrounding area. If development of the planned unit development
is proposed to occur in phases, then guarantees shall be provided
that project improvements and amenities that are necessary and desirable
for residents of the project, or that are of benefit to the City,
are constructed with the first phase of the project, or, if this is
not possible, then as early in the project as is technically feasible.
g)
Consistent With Comprehensive Plan. The PUD Plan is consistent with
the City's Comprehensive Plan.
h)
Complies With This Ordinance. The PUD Plan complies with all other
relevant requirements of this Ordinance.
5.
Conditions. The Planning Commission shall have the authority to recommend
and the City Commission shall have the authority to impose such conditions
on a Planned Development (PUD) Overlay zone district classification
and PUD Plan that are necessary to accomplish the purposes of this
Ordinance.
6.
Planned Unit Development (PUD) Agreement. Concurrent with the approval
of the adopting ordinance for the PUD Overlay zone district classification
and the PUD Plan, a PUD Agreement shall be established binding the
Planned Development to any conditions placed in the adopting ordinance
and PUD Plan. To the degree necessary and appropriate, the PUD Agreement
shall include, but is not limited to conditions related to: design
requirements; a phasing plan; open space; a comprehensive sign plan;
landscaping; parking; and public facility improvements and phasing.
7.
Placement of Planned Unit Development (PUD) Overlay District Designation
on Official Zone District Map. After final approval of the adopting
ordinance for the Planned Unit Development Overlay (PUD-O) zone district
classification, the PUD Plan and PUD Agreement, the City Planner shall
amend the Zone District Map to show a Planned Unit Development Overlay
(PUD-O) zone district classification.
8.
Recordation. The applicant shall record the adopting ordinance for
the Planned Unit Development Overlay (PUD-O) zone district classification,
the PUD Plan and the PUD Agreement with the County Registrar of Deeds.
They shall be binding upon the landowners, their successors and assigns,
and shall constitute the development regulations for the land. Development
of the land shall be limited to the uses, density, configuration,
design guidelines and all other elements and conditions set forth
on the PUD Plan and PUD Agreement. The applicant shall submit proof
to the City Planner that the adopting ordinance, PUD Plan, and PUD
Agreement have been recorded with the County Registrar of Deeds within
180 calendar days of its approval or the adopting ordinance, PUD Plan,
and PUD Agreement shall be rendered invalid and the property shall
return to its prior zone district classification.
9.
Effect. Approval of an adopting ordinance for a Planned Unit Development
Overlay (PUD-O) zone district classification, the PUD Plan and PUD
Agreement shall constitute a Zone District Map classification and
recognition by the City that the landowner may proceed, consistent
with the PUD Plan and PUD Agreement to develop the land, with appropriate
site plan review and permit approvals.
10.
Expiration.
a)
General. The approval of a PUD Plan, and PUD Agreement if applicable
shall be null and void unless construction of required improvements
is commenced and diligently pursued to completion, and a site plan
is submitted for at least the initial phase of the PUD Plan within
three years after the date of approval of the Planned Unit Development
Overlay (PUD-O) Overlay zone district classification. Such time period
will not be extended with transfer of ownership.
b)
One Extension. Upon written request, one extension of time may
be granted by the City Commission for a period not to exceed one year
for good cause shown. No request for an extension shall be considered
unless a written request is submitted to the City Planner no later
than 30 days prior to the date the PUD Plan is to expire. The approval
shall be deemed extended until the City Commission has acted upon
the request for extension. Failure to submit an application for an
extension within the time limits established by this section shall
render invalid the PUD Plan, and PUD Agreement if applicable.
c)
Effect of Invalidation. If an adopted PUD Plan, and PUD Agreement if applicable, becomes invalid through the operation of Subsection (a) or (b) above, no further development within the approved PUD-O zone district may take place until a new PUD Plan, and PUD Agreement if applicable, has been approved in the same manner required for the approval of the original PUD Plan. At any time after the invalidation of a PUD Plan, and PUD Agreement if applicable, the City Commission may, upon its own initiative, rezone the property in the approved PUD-O districts back to the zone district that existed prior to the approval of the PUD-O district, or to any other zone district consistent with the Comprehensive Plan.
11.
Minor Deviations. A minor deviation to a PUD Plan and/or a PUD Agreement
may be approved by the City Planner. In making a decision on a minor
deviation the City Planner shall identify the facts and standards
of this section that permit the approval or disapproval of the minor
deviation. A minor deviation shall be limited to technical or engineering
considerations first discovered during actual development that could
not reasonably be anticipated during the approval process or any other
change that has no material effect on the character of the approved
planned unit development or any of its approved terms or conditions,
as long as it complies with the standards of this Ordinance. Minor
deviations shall be limited to the following:
a)
Height. An increase of building height by not more than 10%,
as long as the height increase is consistent with the contextual height
of the surrounding buildings and structures and the PUD Plan.
b)
Alteration of the Building Envelope. Alteration of the building
envelope of up to 10%, provided such alteration does not materially
change the design of the development approved in the PUD Plan, and
does not change the number of stories, density or intensity.
c)
Reduction of Open Space. Reduction of the total amount of open
space by not more than 1%, as long as 20% of the project is maintained
in open space.
d)
Parking Spaces. A decrease of parking spaces by not more than
5%, if it is demonstrated that the minor deviation complies with requirements
of § 6.1: Off-Street Parking and Loading.
e)
Relocation of Buildings. Relocation of buildings or uses, as
long as they maintain the same general building relationships, topography,
landscaping, and utility design and are consistent with the PUD Plan,
as long as any required setbacks are maintained.
12.
Amendments. An amendment to a PUD Plan and/or PUD Agreement may be
made only pursuant to the procedures and standards for its original
approval.
D.
Special Use Permit.
1.
Purpose. Special uses are those uses that may have a greater propensity
to adversely affect surrounding uses in a zone district and, therefore,
require special and individual review of their location, design, configuration,
intensity, and density of use or structures to ensure land use compatibility,
public facility adequacy, natural resource protection and the public
health, safety and welfare of the residents of the City. Conditions
of approval may be imposed on a special use that is pertinent to the
particular use at a particular location.
2.
Authorization.
a)
General. The Planning Commission, in accordance with the procedures
and standards of this section, shall review, consider and approve,
approve with conditions or disapprove special use permits.
b)
Uses Authorized. Only those uses authorized as special uses in § 4.1: Use Table, may be approved as special uses. The designation of a use as a special use in § 4.1: Use Table, does not constitute an authorization that such use shall be approved as a special use pursuant to this section. Rather, each proposed special use shall be evaluated by the Planning Commission for compliance with the standards set forth in this section and the applicable supplementary standards for the use in § 4.2: Use Standards.
3.
Procedure. The procedures and requirements for a special use permit
shall comply with the requirements of § 8.1: General Provisions.
Special Use Permit
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4.
Standards. The Planning Commission shall approve a special use permit
if it finds there is evidence in the record that demonstrates all
of the following are met:
a)
Compatibility. The proposed special use is appropriate for its proposed
location and compatible with the character of surrounding land uses
and the uses permitted in the zone district(s) of surrounding lands.
b)
Zone District Use Standards. The proposed special use complies with
§ 4.2: Use Standards.
c)
Location and Design Minimizes Adverse Impact. The location and design
of the proposed special use minimizes adverse effects, including visual
impact of the proposed use on adjacent lands by:
1)
Avoiding significant adverse impact on surrounding lands regarding
service delivery, parking and loading, odors, noise, glare, and vibration,
and does not create a nuisance.
2)
Retaining, to the greatest extent possible, the natural features
of the landscape where they provide a barrier or buffer between the
proposed special use and adjoining lands.
3)
Locating buildings, structures, and entryways to minimize impact.
4)
Providing appropriate screening, fencing, landscaping, and setbacks.
d)
Design Minimizes Environmental Impact. The proposed special use minimizes
environmental impacts, and conforms to all relevant environmental
protection standards of this Ordinance, or any other state or federal
laws.
e)
Off-Site Roads. There is adequate road capacity available to serve
the proposed special use.
f)
Road Ingress and Egress. The proposed special use is designed to
ensure safe ingress and egress onto the site and safe road conditions
around the site.
g)
Impact on Other Public Facilities. There are adequate potable water,
wastewater, solid waste, park, police, and fire/EMS facilities to
serve the proposed special use.
h)
Access for Fire, Police, and EMS. The proposed special use is located
and designed so that adequate access onto the site is provided for
fire, police, and EMS services.
i)
Site Development Standards. The proposed special use complies with
the appropriate standards in Chapter 6: General Development Standards.
j)
Other Relevant Standards of This Ordinance. The proposed special
use complies with all standards imposed on it by all other applicable
provisions of this Ordinance for use, layout, and general development
characteristics.
5.
Conditions of Approval. The Planning Commission may impose, in approving
the special use, such conditions on approval of the proposed use,
and the premises to be developed or used pursuant to such approval,
as it determines are required by the standards of this section and
all other relevant standards of this Ordinance to prevent or minimize
adverse effects from the proposed use and development on surrounding
lands. All conditions imposed on any special use shall be expressly
set forth in the special use permit approval.
6.
Recording. The Planning Commission may require the applicant to record
the special use permit with the County Register of Deeds. The special
use permit shall be binding upon the landowners, their successors
and assigns.
7.
Effect of Special Use Permit. Issuance of a special use permit shall
authorize only the particular use, subject to the conditions approved
in the special use permit. A special use permit, including any conditions,
shall run with the land and shall not be affected by a change in ownership.
8.
Expiration. Unless otherwise specified in the special use permit,
an application for a construction permit shall be applied for and
approved within two years of the date of the approval of the special
use permit or the special use permit shall be considered invalid.
Permitted time frames do not change with successive owners.
9.
Extension. Upon written request, one extension of one year may be
granted by the Planning Commission for good cause shown.
10.
Amendments. A special use permit may be amended, extended, or modified
only in accordance with the procedures and standards established for
its original approval.
E.
Variances.
1.
Purpose.
a)
General. There are two types of variances allowed under the terms
of this Ordinance: dimensional variances and use variances.
b)
Dimensional Variances. Dimensional variances are deviations from
the height, setback, yard, lot coverage, parking, landscaping and
signage standards of this Ordinance, when owing to special circumstances
or conditions (such as exceptional topographical conditions, narrowness,
shallowness, or the shape of a specific parcel of land), the literal
enforcement of the provisions of this Ordinance would result in peculiar
and practical difficulties to the owners of the land, and the deviation
would not be contrary to the public interest.
c)
Use Variances. Use variances are variations from the schedule of permitted uses in a zone district established pursuant to § 4.1: Use Table, when owing to unnecessary hardship uniquely associated with the property, this Ordinance unreasonably restricts the property owner's use of permitted uses.
d)
No Increase in Residential Density. A request to modify lot requirements
to increase the permitted density of new residential development shall
not be considered a variance and is prohibited (e.g., a lot modification
that increases the number of permitted dwelling units on a lot shall
not be allowed).
2.
Authority. The Zoning Board of Appeals, in accordance with the procedures,
standards and limitations of this section, is authorized to review
and approve, approve with conditions or disapprove an application
for a variance (dimensional variances or use variances).
3.
Procedure. The procedures and requirements for variances shall comply
with the requirements of § 8.1: General Provisions.
Variance
|
4.
Standards.
a)
Dimensional Variance. The Zoning Board of Appeals shall approve a
dimensional variance on a finding there is competent, material, and
substantial evidence in the record that all of the following standards
are met:
1)
There are special circumstances or conditions (like exceptional
topographic conditions, narrowness, shallowness, or the shape of property)
that are peculiar to the land or structure for which the variance
is sought, that is not applicable to other land or structures in the
same zone district.
2)
The special circumstances are not the result of the actions
of the applicant or titleholder of the land.
3)
The literal interpretation and enforcement of the terms and
provisions of this Ordinance would deprive the applicant of rights
commonly enjoyed by other land in the same zone district, and would
cause practical difficulty.
4)
The granting of the variance is the minimum action that will
make possible the use of the land or structure that is not contrary
to the public interest, and that would carry out the spirit of this
Ordinance.
5)
The granting of the variance will not adversely affect adjacent
land in a material way.
6)
The granting of the variance will be generally consistent with
the purposes and intent of this Ordinance.
7)
Where the requested dimensional variance involves required landscaping,
the Zoning Board of Appeals may grant a variance upon the following
additional criteria:
(a)
Existing landscaping, screening or wetlands intended to be preserved
meets the intent of this section.
(b)
The landscape design proposed by the applicant meets the intent
of this section.
(c)
There is a steep change in topography that would limit the benefits
of required landscaping.
(d)
The proposed building and parking lot placement is setback well
beyond the minimum required.
(e)
The abutting or adjacent land is developed or will be developed
in the near future with a use other than residential.
(f)
Similar conditions to the above exist such that no good purpose
would be served by providing the landscaping or screening required.
b)
Use Variance. The Zoning Board of Appeals shall approve a use variance
on a finding there is competent, material, and substantial evidence
in the record that all of the following standards are met:
1)
The literal interpretation and enforcement of the terms and provisions of this Ordinance would deprive the applicant for all practical purposes from using the property for a permitted use identified in § 4.1: Use Table, which is a right commonly enjoyed by other land in the same zone district.
2)
There is unnecessary hardship based on special circumstances
or conditions that are peculiar to the land or structure for which
the use variance is sought that is not applicable to other land or
structures in the same zone district.
3)
The special circumstances are not the result of the actions
of the applicant.
4)
The granting of the variance is the minimum action that will
make possible the use of the land or structure that is not contrary
to the public interest, and that would carry out the spirit of this
Ordinance.
5)
The granting of the variance will not adversely affect adjacent
land in a material way.
6)
The granting of the variance will be generally consistent with
the purposes and intent of this Ordinance.
5.
Conditions of Approval. The Zoning Board of Appeals, in approving
the variance, may impose conditions on such approval, the proposed
use, and the premises to be developed or used pursuant to such approval
as it determines are required to ensure compliance with the standards
in this section. The conditions shall be identified in the variance
approval.
6.
Recording. The Zoning Board of Appeals may require the applicant
to record the variance with the County Register of Deeds. The variance
shall be binding upon the landowners, their successors and assigns.
7.
Effect of Variance. Issuance of a variance shall authorize only the
particular variation that is approved in the variance. A variance,
including any conditions, shall run with the land and not be affected
by a change in ownership.
8.
Subsequent Development. Development authorized by the variance shall
not be carried out until the applicant has secured all other approvals
required by this Ordinance or any other applicable provisions of the
City. A variance does not ensure that the development approved as
a variance shall receive subsequent approval for other applications
for development approval unless the relevant and applicable portions
of this Ordinance or any other applicable provisions are met.
9.
Expiration. Unless otherwise specified in the variance, an application
for a construction permit shall be applied for and approved within
one year of the date of the approval of the variance, otherwise the
variance shall become invalid. Permitted time frames do not change
with successive owners.
10.
Extension. Upon written request, one extension of six months may
be granted by the Zoning Board of Appeals for good cause shown.
11.
Amendment. A variance may be amended, extended or modified only in
accordance with the procedures and standards established for its original
approval. A request for a change in a condition of approval of a variance
shall be considered an amendment.
F.
Appeals of Administrative Decisions.
1.
Authorization. Any person aggrieved or effected by any order, decision,
determination, or interpretation made by the City Planner or other
administrative official of the City charged with administration or
enforcement of this Ordinance, may appeal such decision to the Zoning
Board of Appeals pursuant to the procedures and standards of this
section.
2.
Procedure.
a)
Initiation of Appeal. An appeal pursuant to this section shall be
initiated by filing a written appeal of the administrative decision/determination
within 30 days of the date of the order, decision, determination or
interpretation.
b)
Contents of Appeal. The written appeal of the administrative decision/determination
from the allegedly aggrieved person shall include a statement of the
error or improper order, decision, determination or interpretation,
the date of that decision, and all support materials related to the
decision. A nonrefundable filing fee as set by resolution of the City
Commission shall also be submitted.
c)
Forwarding Record to the Appellate Body. Upon receiving the written
appeal of the administrative decision/determination, the City Planner
or other administrative official whose decision/determination is being
appealed, shall transmit the written appeal of the administrative
decision/determination and all papers, documents and other materials
relating to the order, decision, determination or interpretation that
is appealed to the Zoning Board of Appeals. This material shall constitute
the record of the appeal.
d)
Scheduling of Notice and Hearing. The City Planner shall schedule
a hearing on the matter at the next regularly scheduled Zoning Board
of Appeals meeting by which time notice can be provided consistent
with the requirements of § 8.1I.3: Written (Mailed) Notice.
e)
Action by Zoning Board of Appeals. At the hearing on the appeal,
the appellant or the appellant's agent shall state the grounds for
the appeal and identify any materials or evidence from the record
to support the appeal. The City Planner or other administrative official
whose action is the subject of the appeal shall be given an opportunity
to respond, as well as any other person(s) the Zoning Board of Appeals
deems necessary. After the conclusion of the hearing, the Zoning Board
of Appeals shall affirm, partly affirm, modify, or reverse the order,
decision, determination, or interpretation, based on the standards
in § 8.3F.3: Standards. The concurring vote of a majority
of the members of the Zoning Board of Appeals shall be necessary to
reverse any order, decision, determination, or interpretation on appeal.
Appeals of Administrative Decisions
|
3.
Standards. An order, decision, determination or interpretation shall
not be reversed or modified unless there is competent, material and
substantial evidence in the record that the order, decision, determination
or interpretation fails to comply with either the procedural or substantive
requirements of this Ordinance, state law or the federal or state
constitutions.
4.
Conditions. The Zoning Board of Appeals may impose conditions upon
an affirmative decision to ensure the requirements and purposes of
this Ordinance are followed in the order, decision, determination,
or interpretation.
5.
Stay. A properly submitted appeal shall stay all administrative proceedings
by the City in furtherance of the action appealed, unless the City
Planner or other administrative official from whom the appeal is taken
certifies to the Zoning Board of Appeals that a stay would cause imminent
peril to life or property, in which case the administrative proceedings
shall not be stayed unless a restraining order is granted by the Zoning
Board of Appeals for good cause shown.
G.
Administrative Adjustments.
1.
General. This section sets out the procedures and standards for administrative
adjustments, which are modifications of 10% or less of any numeric
dimensional standard set out in § 5.1: Density/Intensity/Dimensional
Standards Table, except those related to residential density or nonresidential
intensity.
2.
Procedure.
a)
General. The procedures and requirements for initiation of an application,
the application contents, fees, application submission, and review
of the application by City staff shall comply with those relevant
provisions in § 8.1: General Provisions.
b)
Action by City Planner. Within 30 days after the application is determined
sufficient, the City Planner shall review the application and approve,
approve with conditions or disapprove the administrative adjustment
based on the standards in § 8.3G.3: Standards.
Administrative Adjustments
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3.
Standards. The City Planner may approve an administrative adjustment
upon a finding that all of the following standards are met:
a)
General. The requested adjustment eliminates an unnecessary inconvenience
to the applicant, is not inconsistent with the character of development
in the surrounding area and will not result in incompatible land uses;
b)
Mitigates Adverse Impacts. Any adverse impacts resulting from the
administrative adjustment will be mitigated to the maximum extent
feasible; and
c)
Technical Nature/Compensates for Unusual Aspect of Site. The administrative
adjustment is of a technical nature and is required to compensate
for some unusual aspect of the site or the proposed development that
is not shared by landowners in general. For example: If a lot slopes
so sharply at the property boundary that the primary structure would
not be visible even without the minimum setback, and the shape of
the lot makes it difficult to meet the setback, an administrative
adjustment to a smaller setback may be appropriate.
4.
Conditions of Approval. The City Planner may, in approving the administrative
adjustment, impose such restrictions and conditions on such approval
and the premises to be developed or used pursuant to such approval
as are determined are required to ensure compliance with the general
goals, objectives, and policies of this Ordinance to prevent or minimize
adverse effects from the proposed administrative adjustment.
5.
Recording. The City Planner may require the applicant to record the
administrative adjustment with the County Register of Deeds. The administrative
adjustment shall be binding upon the landowners, their successors
and assigns.
6.
Subsequent Development. Development authorized by the administrative
adjustment shall not be carried out until the applicant has secured
all other permits required by this Ordinance or any other applicable
provisions of the City. An administrative adjustment shall not ensure
that the development approved as an administrative adjustment shall
receive subsequent approval for other applications for development,
unless the relevant and applicable portions of this Ordinance or any
other applicable provisions are met.
7.
Effect of Administrative Adjustment. Issuance of an administrative
adjustment shall authorize only the particular modification that is
approved in the administrative adjustment. An administrative adjustment,
including any conditions, shall run with the land and not be affected
by a change in ownership.
8.
Expiration. Unless otherwise specified in the administrative adjustment,
an application for a construction permit shall be applied for and
approved within one year of the date of the approval of the administrative
adjustment, otherwise the administrative adjustment shall become invalid.
Permitted time frames do not change with successive owners.
9.
Extension. Upon written request, only one extension of time may be
granted by the City Planner for a period not to exceed six months
for good cause shown.
10.
Amendment. An administrative adjustment may be amended, extended
or modified only in accordance with the procedures and standards established
for its original approval.
H.
Site Plan.
1.
Purpose and Intent. The purpose and intent of this section is to
establish procedures and standards for review and approval of development
to ensure full compliance with the site and development standards
of this Ordinance and other related City ordinances and state and
federal regulations. Specifically, these site plan review procedures
and standards are intended to:
a)
Consultation and Cooperation. Foster consultation and cooperation
between property owners proposing to develop land and the City.
b)
Balance Property Rights and Community Goals. Balance rights of the
property owner with the development goals of the City and the rights
of adjacent landowners.
c)
Minimize Adverse Impacts on Investments of Surrounding Landowners.
Minimize adverse impacts of development on the investments of surrounding
landowners.
d)
Minimize Impacts on Environment, Drainage, Soil Erosion, and Stormwater
Control. Ensure site design minimizes negative impacts on the environment,
drainage, soil erosion, and stormwater control.
e)
Development Consistent With Surrounding Character and Goals of Comprehensive
Plan. Ensure the arrangement, location and design of development is
consistent with the character of the area and the goals of the Comprehensive
Plan.
f)
Minimize Impact on Roads. Ensure site design minimizes negative impacts
on roadway capacity, the safety of motorists and pedestrians, utilities,
and community facilities and services.
g)
Safe and Efficient Circulation. Ensure safe and efficient circulation
for motorized and nonmotorized traffic and pedestrians within and
adjacent to sites.
h)
Gradual Upgrade of Nonconforming Sites. Provide for the gradual upgrade
of existing sites that do not conform with current standards.
i)
Thorough Evaluation of Development. Ensure a thorough evaluation
of development in relation to the goals of the Comprehensive Plan,
with emphasis on preserving aesthetics, the environment, historic
resources, property values, quality of life, and other public health,
safety and welfare objectives.
2.
Applicability. Unless exempted pursuant to § 8.3H.3: Exemptions,
prior to the development of any new use or structure, any change of
an existing use of land, the expansion or conversion of any use or
structure, or any other development activity, a site plan shall be
approved pursuant to the procedures and standards of this section.
Construction plans will not be reviewed or a construction permit issued
until a site plan is approved pursuant to the procedures and standards
of this section.
3.
Exemptions. The following shall be exempted from the requirements
of this section:
a)
One- or Two-Family Dwelling. The development or expansion of a one-family
or two-family dwelling unit.
b)
Dwelling Unit in Mobile Home Park. Placement of a dwelling unit in
an approved mobile home park.
c)
Internal Construction Not Increasing Intensity or Parking Requirement.
The internal construction or change in the floor area of a structure
that does not increase gross floor area, increase the intensity of
use or affect parking requirements on a site that meets all development
and site design standards of this Ordinance.
d)
Site Clearing Within Area Less Than 1/2 Acre. Grading, excavation,
filling, soil removal, creation of ponds or clearing of trees within
an area of less than 1/2 acre in size.
e)
Temporary Uses. Temporary uses.
f)
Minor Development or Expansion. Expansion or new structures up to
and including 250 square feet in area.
4.
Overview. Development for which a site plan is required pursuant
to this section shall be subject to one of two processes: sketch plan
review or full site plan review.
a)
Sketch Plan Review. Sketch plan review is required of smaller sized
development and development with potentially less impacts. Except
for development in the CBTR District, it requires review and approval,
approval with conditions or disapproval by the Site Plan Review Committee
(SPRC). Sketch plan review in the CBTR District requires review and
approval by the SPRC and review and final action by the Planning Commission.
b)
Full Site Plan Review. Full site plan review is required of larger
sized development, and development with potentially greater impacts.
Except for development in the CBTR District, it requires review and
approval, approval with conditions or disapproval of a preliminary
site plan and then a final site plan by the SPRC. Preliminary site
plan and then final site plan review in the CBTR District requires
review and approval by the SPRC and then review and final action by
the Planning Commission. The applicant may consolidate review of the
preliminary site plan and final site plan. The preliminary site plan
presents the proposed development concept with sufficient information
to enable the review board to determine whether the concept complies
with the review standards of this section. The final site plan requires
submission of detailed information about the proposed development
with exact dimensions, representing a firm commitment about development
of the site.
5.
Threshold for Sketch Plan Review and Full Site Plan Review. The thresholds
for which type of development is subject to sketch plan review or
full site plan review are set forth in Table 8.3-2.
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Table 8.3-2: Threshold for Sketch Plan and Full Site Plan
[Amended 3-19-2007 by Ord. No. 1822]
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|---|---|---|
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Development Use/Expansion
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Required Review
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|
Sketch Plan
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Full Site Plan
| |
|
New Development — Residential
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|
Residential development, unless exempted
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☑
| |
|
Residential care facilities (state licensed) that are permitted
uses
|
☑
| |
|
Residential care facilities (state licensed) that require special
use permit
|
☑
| |
|
New Development — Nonresidential
| ||
|
Construction of new building or structure
|
☑
| |
|
Nonresidential development requiring special use permit
|
☑
| |
|
Erection of wireless communication antenna on existing facility
|
☑
| |
|
Erection of wireless communication structure or towers
|
☑
| |
|
Construction of essential public service buildings and storage
areas
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Public and private golf courses, outdoor recreational uses,
and parks, including principal structures, and parking areas
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Expansion
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An increase in the building floor area up to 1,500 square feet
or 10% of the existing floor area, whichever is less, based on the
cumulative total of the proposed expansion and any expansion within
the last five years
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An increase in the building floor area greater than that specified
above
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An increase in parking or loading area over 10% or 6,000 square
feet of pavement area, whichever is less
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Change in Use
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Any change in the use of land or a building to a more intensive
use, that may involve significant changes to features such as building
appearance, parking needs, traffic flow, traffic volumes, buffering
needs, hours of operation, noise, effluent discharge, drainage, lighting,
and similar impacts
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A change in use to a similar or less intensive use for a site
that does not comply with current development standards (such as landscaping,
signs, lighting or drainage)
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A change from a nonconforming use, building, or site, to a more
conforming situation
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Other Type of Development
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Accessory open-air business
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Architectural changes to a multiple-family residential structure
(three or more units) or a nonresidential structure (only an elevation
plan describing changes and construction materials is required if
no changes to the use of the site are proposed)
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Grading, excavation, filling, soil removal, creation of ponds
or clearing of trees of one-half acre or more
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Home occupations
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6.
Procedure. The Planning Commission is responsible for approval of
all site plans. However, for all zone districts other than the CBTR
zone district, the Planning Commission may annually delegated authority
to approve site plans to the Site Plan Review Committee. Such a delegation
is currently in effect, and is reflected in the procedures below.
In the event the Planning Commission does not delegate site plan approval
authority to the SPRC for one or more district(s) in the future, site
plan review procedures for such district(s) shall be governed by the
provisions below applicable to the CBTR district.
a)
Sketch Plan Review, Except in CBTR District. Sketch plan review shall
follow the following procedure, except in the CBTR District.
1)
Initiation, Submission and Review of Application. The procedures
and requirements for initiation of an application for sketch plan
review, the application contents, fees, application submission and
sufficiency determination shall comply with the relevant requirements
of § 8.1: General Provisions.
2)
Initial SPRC review. Within a reasonable period of time after
the application is determined sufficient, the Site Plan Review Committee
(SPRC) shall review the application and prepare a written Staff Report
on whether the application complies with the standards in § 8.3H.7:
Standards. A copy of the Staff Report shall be provided to the applicant.
3)
Plan Complies/Approve. If the SPRC finds the sketch plan complies
with the standards in § 8.3H.7: Standards, the sketch plan
shall be approved.
4)
Plan Not Comply/Applicant Opportunity to Modify. If the Staff
Report identifies changes that need to be made to the sketch plan
to ensure it complies with § 8.3H.7: Standards, the applicant
shall submit a modified sketch plan addressing the required changes.
5)
Action After Resubmittal. The SPRC shall review the sketch plan
within a reasonable period of time after its resubmittal, and approve,
approve with conditions or disapprove the application, based on the
standards in § 8.3H.7: Standards. If the sketch plan is
not resubmitted within 60 days of the date the SPRC provides the applicant
the Staff Report, the application shall be considered withdrawn.
b)
Sketch Plan Review in CBTR District. The procedure for the review
of a sketch plan in the CBTR District shall be the same as the procedure
for a sketch plan established above (§ 8.3H.6.a), except
that after the sketch plan is approved or approved with conditions
by the SPRC, it shall be placed on the agenda of the next regularly
scheduled Planning Commission meeting by the City Planner, along with
a written report from the SPRC. At the meeting the Planning Commission
shall review the sketch plan, the written report from the SPRC and
all other relevant information and testimony, and approve, approve
with conditions or disapprove the sketch plan based on the standards
in § 8.3H.7: Standards.
c)
Full Site Plan Review, Except in CBTR District.
1)
Preliminary Site Plan (optional).
(a)
The procedures and requirements for initiation of an application
for preliminary site plan review, the application contents, fees,
application submission and sufficiency determination shall comply
with the relevant requirements of § 8.1: General Provisions.
(b)
Within a reasonable period of time after the application is
determined sufficient, the SPRC shall review the application and prepare
a written Staff Report on whether the application complies with the
standards in § 8.3H.7: Standards. A copy of the Staff Report
shall be provided to the applicant.
(c)
If the SPRC finds the preliminary site plan complies with the
standards in § 8.3H.7: Standards, the preliminary site plan
shall be approved or approved with conditions.
(d)
If the Staff Report identifies changes that need to be made
to the preliminary site plan to ensure it complies with § 8.3H.7:
Standards, the applicant shall submit a modified preliminary site
plan or final site plan addressing the required changes.
(e)
The SPRC shall review the preliminary site plan within a reasonable
time after its resubmittal, and approve, approve with conditions or
disapprove the application, based on the standards in § 8.3H.7:
Standards. If the preliminary site plan is not resubmitted within
60 days of the date the SPRC provides the applicant the Staff Report,
the application shall be considered withdrawn.
2)
Final Site Plan. The procedure for the review of a final site
plan shall be the same as the procedure for a preliminary site plan
established in Subsection 6(a)(1) of § 8.3H: Site Plan.
The final site plan shall be in substantial conformance with the preliminary
site plan and comply with the standards in § 8.3H.7: Standards.
d)
Full Site Plan Review in the CBTR District. The procedure for full
site plan review in the CBTR District shall be the same as the procedure
for full site plan review established above (§ 8.3H.6.c),
except that after final site plan is approved or approved with conditions
by the SPRC, it shall be placed on the agenda of the next regularly
scheduled Planning Commission meeting by the City Planner, along with
a written report containing the SPRC's findings. At the meeting, the
Planning Commission shall review the final site plan, the written
report, and all other relevant information and testimony, and approve,
approve with conditions or disapprove the plans based on the standards
in § 8.3H.7: Standards.
7.
Standards. A site plan shall be
approved upon a finding that:
b)
Zone District Use Standards. The development and uses in the site
plan comply with § 4.2: Use Standards.
c)
Site Configuration. All elements of the site plan are harmoniously
and efficiently organized in relation to topography, the size, and
type of the lot, the land use character of adjoining properties and
the types and size of buildings, and are consistent with any adopted
plans for the area and standards or guidelines for location of structures
on the site.
Site Plan Review
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d)
Not Adversely Affect Development or Improvement of Surrounding Property. The development proposed in the site plan does not adversely affect the normal and orderly development or improvement of surrounding property for uses permitted in Table 4.1, Use Table.
e)
Not Adversely Impact on Surrounding Land Uses and Zoning. The development
proposed in the site plan is harmonious with, and not harmful or injurious
to existing and planned future uses in the immediate area. The proposed
development will be coordinated with improvements serving the subject
property and with the other developments in the vicinity.
f)
Design and Development Standards in Historic Districts and CCBI).
The development proposed in a site plan located within local historic
districts, other historically designated areas or within the CCBD
district conforms to all applicable design and development standards.
g)
Preservation of Historic Resources. The site plan demonstrates judicious
effort to preserve and protect historic resources to the greatest
extent reasonable, and the site plan meets all federal, state, and
local regulations pertaining to historic resources.
h)
Open Space. Open space is distributed and conveniently located physically
with respect to the overall development, will be accessible to all
residents of the development and is located to meet the needs of the
residents or occupants. Open space shall be rationally coordinated
with open space features of adjacent areas and enhance the natural
features of the site.
i)
Preservation of Natural Features. The site plan demonstrates judicious
effort to preserve the integrity of the land, existing topography,
natural features (i.e., slopes, woodlands, etc.) and natural drainage
patterns. Regulated and nonregulated wetlands are preserved or modified
in a legal manner.
j)
Preservation of Woodlands and Trees. The site plan demonstrates judicious
effort to preserve existing woodlands, understory, and individual
quality trees to the greatest extent reasonable.
k)
Greenbelts, Landscaping, and Screening. Proposed landscaping complies
with the standards of § 6.2: Landscaping, and all other
applicable landscaping and screening requirements of the City. Greenbelts
along public street frontage and buffer zones from adjacent zone districts
shall be provided where required. Parking lot landscaping is provided
as required in § 6.2: Landscaping. The amount, type, and
minimum size of landscaping shall be identified in a plant list with
appropriate labeling on the landscaping plan.
l)
Stormwater Management. Stormwater management is consistent with all
federal, state and City regulations. The development will not substantially
reduce the natural retention storage capacity of any watercourse,
increase the potential for flooding, or increase the stormwater runoff
from the site. Provisions are made to accommodate stormwater that
complements the natural drainage patterns and wetlands, prevents erosion
and the formation of dust. On-site storage, sedimentation ponds, or
plantings may be required to reduce stormwater runoff or to filter
stormwater so that it is of an acceptable quality when it returns
to the aquifer. Vegetation (preferably vegetation native to Southwest
Michigan) shall be used in the stormwater management system when feasible.
Stormwater runoff on paved areas shall be collected at intervals not
obstructing the flow of vehicular or pedestrian traffic, and will
not create standing water or cause unnecessary erosion of soil or
other material. The proposed development shall comply with the regulations
of the City of Kalamazoo's "Performance Standards for Groundwater
Protection within Wellhead Protection Capture Zones and Stormwater
Quality Management."
[Amended 5-21-2007 by Ord. No. 1826]
m)
Soil Erosion Control. The site plan is designed to meet or exceed
all soil erosion standards and regulations of the City.
n)
Traffic Impacts and Mitigation. The site plan is designed so the
location and design of driveways are safe in relation to streets giving
access to the site and in relation to pedestrian traffic. Traffic
improvements shall be planned to accommodate the needs of the development
proposed in the site plan.
o)
Access, Internal Streets, and Circulation. The site plan is designed
so safe, convenient and well defined vehicular circulation is provided
within and accessing the site. Access to the site is designed to minimize
conflicts between vehicles and pedestrians, and with traffic using
adjacent streets and driveways. All streets and driveways are in accordance
with the standards of the City. Service drives are provided where
needed, and meet requirements of City regulations.
p)
Nonmotorized Transportation and Circulation. The site plan is designed
so safe and convenient pedestrian and bicycle circulation is provided
within and accessing the site, according to the City's Nonmotorized
Transportation Plan, including sidewalks, pathways, walkways, trails,
bicycle routes and paths, sky-walks, and/or other nonmotorized transportation
corridors. In accordance with Section 6.1 M. of this ordinance, bicycle
parking spaces shall be provided on all properties that are subject
to the site plan review process.
[Amended 1-3-2011 by Ord.
No. 1876]
q)
Emergency Vehicle Access. The site plan is designed so adequate access
is provided for emergency vehicles to the site and all buildings or
groups of buildings.
r)
Parking and Loading Spaces. The number and dimensions of off-street
parking and loading/unloading spaces, and the design of parking and
loading areas, comply with the requirements of § 6.1: Off-Street
Parking and Loading. The site provides barrier free parking and access
in compliance with all applicable federal, state and City regulations.
s)
Waste Receptacles. Waste receptacles (e.g., dumpsters, compactors
and individual recycle stations) proposed in the site plan comply
with all appropriate City regulations and are screened pursuant to
§ 6.3D: Screening of Waste Receptacles.
t)
Exterior Lighting. Exterior lighting proposed in the site plan complies
with § 6.6: Operational Performance Standards, and all other
applicable City regulations. Exterior lighting is arranged so it is
deflected away from adjacent properties and it does not impede the
vision of traffic along adjacent streets.
u)
Signs. Signage proposed in the site plan complies with Chapter 7: Signs, and is generally complementary with surrounding signage and does not impede adjacent traffic operations.
v)
Storage of Potentially Hazardous Materials or Waste. Any uses in
the site plan utilizing storing or handling of hazardous material
provides secondary containment facilities and documentation of compliance
with all appropriate state and federal regulations.
w)
Utilities. The site plan provides adequate utility services. All
new utility distribution lines (public or private) shall be placed
underground, when feasible. Proposed utilities shall be approved by
the City Engineer.
x)
Groundwater Protection. The site plan is designed to comply with
all applicable federal, state, and City groundwater protection requirements.
The proposed development shall comply with the regulations of the
City of Kalamazoo's "Performance Standards for Groundwater Protection
within Wellhead Protection Capture Zones and Stormwater Quality Management."
[Amended 5-21-2007 by Ord. No. 1826]
y)
Phasing. Any phases of development in the site plan are in logical
sequence so that any phase will not depend upon a subsequent phase
for adequate access, public utility services, drainage, or erosion
control. The review board may require a phasing plan with each submittal.
z)
Agency Coordination. The applicant has demonstrated the site plan
meets the standards of other government agencies, where applicable.
aa)
Site Development Standards. The development proposed in the
site plan and its general layout and design comply with all appropriate
standards in Chapter 6: General Development Standards.
bb)
Other Relevant Standards of This Ordinance. The development
proposed in the site plan and its general layout and design comply
with all other relevant standards of this Ordinance, and is consistent
with public health, safety, and welfare.
8.
Conditions of Approval. The review body may, in approving the site
plan, impose such conditions on the approval and the premises to be
developed or used as is determined are required to ensure compliance
with the standards of this section. Performance guarantees may be
required to ensure completion of site improvements pursuant to § 8.3.H.9:
Performance Guarantees.
9.
Performance Guarantees.
a)
General. The review body may require a performance guarantee to ensure
completion of the site improvements (excluding building) for the site
plan. The performance guarantee may take the form of a cash deposit,
surety bond, certified check, or an irrevocable bank letter of credit.
b)
Determination of Amount, Deposit and Rebate. The amount of the performance
guarantee shall be determined by the City Engineer and the City Planner.
The applicant shall deposit the performance guarantee with the City
Treasurer prior to application for a construction permit. If the required
improvements take longer than six months to complete, the City Planner
shall authorize a rebate of any cash deposit in proportion to the
amount of work that has been completed in accordance with the approved
sketch plan or final site plan.
10.
Record and Transmittal of Site Plan Approval. The grounds for the
action taken on each site plan application shall be recorded in writing
by the body taking final action on the site plan (sketch plan, preliminary
site plan or final site plan). A copy of an approved sketch plan or
final site plan shall be transmitted to the applicant, the City Planner,
the Community Development Division, the Engineering Division and Public
Safety by the Chairperson of the SPRC within two weeks of the date
of final approval by the review board.
11.
Effect of Sketch Plan or Final Site Plan. Approval of a sketch plan
or final site plan, whichever is appropriate, authorizes the development
approved, subject to any conditions of approval. A sketch plan or
final site plan, including any conditions, shall run with the land
and not be affected by a change in ownership.
12.
Expiration. Approval of a sketch plan or final site plan, whichever
is appropriate, shall become invalid at the end of one year after
the date of its issuance if a construction permit for at least one
building in the development proposed in the site plan is not approved.
Permitted time frames do not change with successive owners.
13.
Extension. Upon written request, one extension of six months may
be granted by the body that approved the sketch plan or final site
plan for good cause shown if a request for an extension is submitted
prior to the expiration of the permit pursuant to § 8.3H.12:
Expiration.
14.
Engineering Plans, Specifications, and Inspection. Subsequent to
sketch plan or final site plan approval, and before any construction
proceeds, complete engineering plans and specifications for construction
of storm sewers and drains, sanitary sewers, water mains, driveways,
roads and parking area improvements, all conforming to City standards,
shall be submitted for review and approval by the City and, when required,
by county and state agencies.
15.
Modification of Sketch Plan or Final Site Plan During Construction.
It shall be the responsibility of the applicant to notify the City
if changes to the sketch plan or final site plan are made during construction.
If they constitute minor deviations, they are subject to review and
approval, approval with conditions or disapproval by the City Planner
pursuant to § 8.3H.16: Minor Deviations. If they constitute
amendments, they are subject to review and approval, approval with
conditions or disapproval by the review board pursuant to § 8.3H.17:
Amendments.
16.
Minor Deviations. Minor deviations from a site plan (sketch plan,
preliminary site plan or final site plan) may be approved by the City
Planner. All minor deviations shall comply with the minimum requirements
of this Ordinance. All other modifications shall be considered amendments
and shall be reviewed and approved pursuant to § 8.3H.17:
Amendments. Minor deviations shall consist of:
a)
Minor Variations in Layout. Minor variations in the design layout
of the development.
b)
Residential Floor Area. An increase or decrease in residential
floor area of 5% or less of the site plan.
c)
Nonresidential Floor Area. An increase or decrease in commercial,
industrial, institutional, semi-public, organizational and other nonresidential
floor area of 5% or less of the site plan.
d)
Finished Grades or Heights of Landscape or Screening Berms.
Increases or decreases from the planned finished grades or heights
of landscape or screening berms within two feet.
e)
Trees, Shrubs, Ground Cover. Changes in the species, sizes of
specimens or spacing of required trees, shrubs, or the type of ground
cover to be used as designated on the site plan.
f)
Finished Surface. Changes in the type of finished surface of
walks, roads, drives, parking lots and loading and unloading paved
areas.
g)
Height. Increases in the height of buildings or structures by
less than 10%.
h)
Walls, Fencing, or Screening. Increases or decreases of the
length or height of walls, fencing or screening by 20% or less.
i)
Accessory Uses. Additions or deletions of permitted accessory
uses to the approved principal uses designated on the site plan.
j)
Right-of-Ways and Public or Private Easements. Additions, deletions
or relocations of rights-of-way and public or private easements or
adjustments to accommodate essential services for the proposed development
or developments on adjacent properties.
k)
Changes Due to Unforeseen Natural or Environmental Conditions
or Natural or Constructed Features. Additions to accommodate changes
due to unforeseen natural or environmental conditions or natural or
constructed features e.g. underground water or geological features,
existing structures and improvements and items of historical or other
significance.
17.
Amendments. A site plan (sketch plan, preliminary site plan or final
site plan) may be amended only in accordance with the procedures and
standards established for its original approval.
18.
Property Maintenance.
a)
General. It shall be the responsibility of the owner of a property
for which a sketch plan or final site plan has been approved to maintain
the property in accordance with the approved site design on a continuing
basis until new zoning regulations supersede the regulations upon
which the approval was based, or until a new site design is approved
pursuant to this section. 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 an approved site design shall
be deemed in violation of the use provisions of this Ordinance and
shall be subject to the penalties appropriate for a use violation.
b)
Condominium Projects. With respect to condominium projects,
the Master Deed shall contain provisions describing the establishment
of a condominium association and the responsibilities of the condominium
association, condominium owners, and public entities, with regard
to maintenance of the property in accordance with the approved sketch
plan or final site plan on a continuing basis. The Master Deed shall
further establish the means of permanent financing for required maintenance
and improvement activities that are the responsibility of the condominium
association. Failure to maintain an approved sketch plan or final
site plan shall be deemed a violation of the use provisions of this
Ordinance and shall be subject to the penalties appropriate for a
use violation.
19.
Stop Work and Revocation. Work on an approved sketch plan or final
site plan may be stopped or revoked by the review board that approved
the site plan if construction or use is not in conformance with the
approved plans. In such case, the site plan shall be placed on the
agenda of the review board for consideration, and written notice shall
be sent to the applicant at least 10 days prior to the meeting. If
the review board finds that a violation exists and has not been remedied
prior to the meeting, it may direct construction or use on the approved
sketch plan or final site plan to stop until it can be brought into
conformance with the approved sketch plan or final site plan. If construction
or use continues that is not in conformance with the approved plan(s),
the site plan shall again be placed on the agenda of the review board
for consideration, and written notice shall be sent to the applicant
at least 10 days prior to the meeting. If the review board finds that
a violation continues to exist and has not been remedied, the review
board shall revoke the sketch plan or final site plan and direct all
construction or use on the approved sketch plan or final site plan
to cease.
I.
Sign Permit.
1.
Purpose. A sign permit shall be required pursuant to the procedures of this section and the standards of Chapter 7: Signs, to ensure that proposed development complies with the requirements for signage established by this Ordinance.
2.
Applicability. A sign permit shall be approved for all signs, except
those signs exempted pursuant to § 7.2: Exemptions.
3.
Procedure.
a)
Initiation, Application and Contents, Fees and Submission. The procedures
for initiation of an application for a sign permit, the application
contents, fees, application submission and sufficiency determination
shall comply with those relevant provisions in § 8.1: General
Provisions.
b)
Action by Zoning Inspector. After the application is determined sufficient, the Zoning Inspector shall review the application and determine whether the application complies with the standards in Chapter 7: Signs.
c)
Approval. If the Zoning Inspector finds that the application complies with the standards in Chapter 7: Signs, the Zoning Inspector shall approve the sign permit.
d)
Fails to Comply.
1)
If the Zoning Inspector determines the application fails to comply with the requirements of Chapter 7: Signs, the applicant shall be provided comments explaining why the application fails to comply with the review requirements, and an opportunity to submit a revised application. A revised application shall be reviewed by the Zoning Inspector within a reasonable time after its resubmittal and approved, approved with conditions or disapproved, based on the standards in Chapter 7: Signs.
2)
If the application is not resubmitted within 30 days, the application
shall be considered withdrawn.
4.
Effect of Sign Permit. Issuance of a sign permit shall authorize
only the particular signage approved in the sign permit. A sign permit,
including any conditions, shall run with the land and not be affected
by a change in ownership.
5.
Expiration. A sign permit shall expire at the end of one year after
the date of its initial approval if the sign(s) are not constructed.
6.
Extension. Upon written request, one six-month extension of the sign
permit may be granted by the Zoning Inspector for good cause shown.
7.
Amendment. A sign permit may be amended, extended or modified only
in accordance with the procedures and standards established for its
original approval.
8.
Violations. Sign violations shall be treated as violations of this
Ordinance and the Building Code.
J.
Temporary Use Permit.
1.
Applicability. The provisions of this section shall apply to all
proposed temporary uses as set forth in § 4.3: Accessory
and Temporary Uses and Structures, unless otherwise specifically exempted.
2.
Procedure.
a)
Initiation, Submission and Review of Application. The procedures
for initiation of an application for a temporary use permit, the application
contents, fees, application submission, sufficiency determination
and review of the application by City staff shall comply with those
relevant provisions in § 8.1: General Provisions.
b)
Action by City Planner. Within 30 days after the application is determined
sufficient, the City Planner shall review the application and approve,
approve with conditions or disapprove the application for temporary
use permit based on the relevant standards in § 4.3 Accessory
and Temporary Uses and Structures.
3.
Standards. A temporary use permit shall be approved upon a finding
that the temporary use, as proposed, complies with the relevant standards
in § 4.3: Accessory and Temporary Uses and Structures.
4.
Permit Issued. All approved applications shall be issued a temporary
use permit authorizing the establishment of the approved temporary
use. The temporary use permit shall be subject to the time limits
and expiration provisions set forth in § 4.3: Accessory
and Temporary Uses and Structures.
5.
When Effective. A temporary use permit shall be effective beginning
on the date of approval.
6.
Expiration. All temporary use permits shall expire within six months.
7.
Extension. Upon written request, one six-month extension may be granted
by the City Planner for good cause shown.
8.
Amendment. A temporary use permit may be amended, extended or modified
only in accordance with the procedures and standards established for
its original approval.
K.
Approval of Zoning Compliance.
1.
Purpose. An approval of zoning compliance shall be required in accordance
with the provisions of this section in order to ensure that proposed
development complies with the standards of this Ordinance, and to
otherwise protect the public health, safety, and welfare of the citizens
of the City.
2.
Applicability. An approval of zoning compliance shall be required
prior to approval of all construction permits that require zoning
compliance.
3.
Procedure.
a)
Receipt of Construction Permit Application From Building Official.
Where appropriate, after receipt of an application for a construction
permit, the Building Official shall forward the construction permit
application to the Zoning Inspector for review pursuant to the procedures
and standards of this section.
b)
Action by Zoning Inspector. After receipt of a construction permit
application from the Building Official, the Zoning Inspector shall
review the application and approve or disapprove the application based
on the standards in § 8.3K.4: Standards. If the application
is approved, an approval of zoning compliance shall be issued.
4.
Standards. An approval of zoning compliance shall be approved upon
a finding the application complies with all relevant standards of
this Ordinance.
5.
Effect of Approval of Zoning Compliance. Issuance of an approval
of zoning compliance shall mean that the proposed development is in
compliance with the procedures and standards of this Ordinance.
6.
Expiration. Receipt of an approval of zoning compliance shall expire
at the end of six months after the date of its initial approval if
an application for a construction permit has not been approved.
7.
Amendment. An approval of zoning compliance may be amended, extended
or modified only in accordance with the procedures and standards established
for its original approval.
L.
Interpretations.
1.
Authority. Interpretations to this Ordinance shall be made by the
City Planner, including: interpretations of the text of this Ordinance;
interpretations of the zone district boundaries; and interpretations
of whether an unspecified use falls within a use classification or
use group allowed in a zone district.
2.
Initiation. A written interpretation may be requested by the City
Commission, the Planning Commission, or any resident, landowner or
person having a contractual interest in land in the City.
3.
Procedure.
a)
Submission of Request for Interpretation. Before a written interpretation
shall be provided by the City Planner, a request for interpretation
shall be submitted to the City Planner in writing in a form established
by the City Planner and made available to the public.
b)
Determination of Sufficiency. Within seven days after a request for
interpretation has been submitted, the City Planner shall determine
whether it is sufficient.
1)
If the City Planner determines that the request is not sufficient,
a notice shall be provided to the applicant specifying the deficiencies.
The City Planner shall take no further action on the request for interpretation
until the deficiencies are remedied. If the applicant fails to respond
to the deficiencies within 30 days, the request for interpretation
shall be considered withdrawn.
2)
When the request for interpretation is determined sufficient,
the City Planner shall review the request and render an interpretation
pursuant to the procedures and standards of this section.
c)
Rendering of Interpretation. Within 30 days after the request for
interpretation has been determined sufficient, the City Planner shall
review and evaluate the request in light of the Comprehensive Plan,
this Ordinance, the Zone District Map, and other relevant codes and
statutes, consult with the City Attorney or other effected City staff,
and then render an interpretation.
d)
Form. The interpretation shall be in writing and sent to the applicant
by mail within seven days after the interpretation is made by the
City Planner.
4.
Appeal. Any person aggrieved by a written interpretation from the
City Planner may appeal the interpretation to the Zoning Board of
Appeals pursuant to § 8.3F: Appeals of Administrative Decisions,
by filing a written appeal of the administrative decision/determination
with the City Planner pursuant to § 8.3F.2a.
M.
Beneficial Use Determination.
1.
General. If after the submission and decision on the appropriate
applications for development approval or permits for a plan for the
development of land a landowner in the City is of the opinion that
all reasonable economically beneficial use of that landowner's land
has been denied by the application of this Ordinance, then the procedures
of this section shall be used prior to seeking relief from the courts
in order that any denial of economically beneficial use of land may
be remedied through a nonjudicial forum.
2.
Purpose. The purpose and intent of the City Commission is that every
landowner in the City enjoys all reasonable economically beneficial
use of land. It is also the purpose and intent of this section to
provide for relief to the landowner, where appropriate, from the application
of this Ordinance. The procedures set forth in this section are intended
to permit landowners who believe they have been deprived of all reasonable
economically beneficial use of their land to apply to the City Commission
for relief sufficient to provide an economically beneficial use of
the land.
3.
Procedure.
a)
Application for an Appeal for Beneficial Use Determination. An appeal
for a beneficial use determination may be filed by a landowner at
any time with the City Planner, along with an application fee established
pursuant to § 8.1E: Fees.
Beneficial Use Determination
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b)
Contents of Application. The application shall be submitted in a
form established by the City Planner and made available to the public,
and shall include the following:
1)
The landowner's name and address.
2)
A legal description and the street address (when a street address
is available) of the land.
3)
Documentation of the date of purchase and the purchase price
of the land, and any offers to purchase the land made by any person,
corporation, or association, within the last three years.
4)
A description of the physical features present on the land,
the land's total acreage, the present use of the land, and the use
of the land at the time of the adoption of this Ordinance.
5)
Evidence of any investments made by the landowner to improve
the land, the date the improvements were made, and the costs of the
improvements.
6)
A description of what uses of land were available when the land
was purchased by the landowner.
7)
A description of the regulations and uses permitted that are
alleged to result in an elimination of economically beneficial use
of the land.
8)
All appraisals, studies, and any other supporting evidence,
and any actions taken by the City related to the land.
9)
A description of the use that the landowner believes represents
the minimum legally required economically beneficial use of the land
and all documentation, studies, and other supporting evidence for
such opinion.
c)
Determination of Sufficiency. The City Planner shall determine if
the application is sufficient and includes data in sufficient detail
to evaluate the application to determine if it complies with the appropriate
substantive requirements of this section.
1)
If the City Planner determines the application is not sufficient,
a written notice shall be mailed to the applicant specifying the application's
deficiencies. No further action shall be taken on the application
until the deficiencies are remedied. If the applicant fails to correct
the deficiencies within 30 days, the application shall be considered
withdrawn, and the application fee shall be refunded.
2)
When the application is determined sufficient, the City Planner
shall notify the applicant, in writing, of the application's sufficiency,
and forward the application to the Hearing Officer for the scheduling
of a hearing.
d)
Establishment of Date for Hearing by Hearing Officer and Notice.
Within 30 calendar days of the date that the application has been
determined sufficient by the City Planner, the Hearing Officer shall
schedule a hearing on the appeal for beneficial use determination.
The City Planner shall provide the applicant and all landowners within
300 feet of the land subject to the appeal for beneficial use determination
at least 15 days notice of the hearing by regular mail.
e)
Hearing by Hearing Officer. At the hearing, the applicant or the
applicant's representative shall present the applicant's case and
the City Attorney shall represent the City. All evidence presented
shall be under oath, and the parties involved shall be permitted to
cross-examine witnesses. The sworn testimony and evidence shall pertain
to the standards set forth in § 8.3M.4: Beneficial Use Standards,
as to whether the applicant has been deprived of an economically beneficial
use of the land and the standards in § 8.3M.5: Granting
of Relief, pertaining to the degree of relief needed to provide the
landowner with an economically beneficial use of the land.
f)
Findings of the Hearing Officer. Within 30 days of the close of the
hearing, the Hearing Officer shall prepare recommended findings of
fact and a proposed order for the consideration of the City Commission.
The findings and recommendations of the Hearing Officer as to whether
the land is provided economically beneficial use shall be based on
the evidence submitted and the standards in § 8.3M.4: Beneficial
Use Standards. If the Hearing Officer finds that the applicant has
been denied economically beneficial use of the subject land, then
the Hearing Officer shall recommend a use that permits an economically
beneficial use and results in a minimum change from the regulations
of this Ordinance as they apply to the subject land, pursuant to the
standards set forth in § 8.3M.4: Beneficial Use Standards,
and § 8.3M.5: Granting of Relief, or other relief as is
determined appropriate. The Hearing Officer's recommended findings
of facts and proposed order shall be in writing and shall detail the
basis of the conclusions from the record of the hearing.
g)
Action by City Commission. The City Planner shall schedule a hearing
before the City Commission within 30 days of the date the Hearing
Officer issues the recommended findings of fact and proposed order.
The City Planner shall provide the applicant and all landowners within
300 feet of the land subject to the appeal for beneficial use determination
at least 15 days notice of the hearing by mail. At the hearing, the
City Commission shall approve the findings of fact and proposed order
of the Hearing Officer, or may attach conditions, modify, or reverse
the findings of fact or proposed order of the Hearing Officer, based
on the standards of § 8.3M.4: Beneficial Use Standards,
and § 8.3M.5: Granting of Relief. If the City Commission
attaches conditions, modifies or reverses the findings of fact or
proposed order, it shall do so only where the record of the hearing
indicates that the Hearing Officer is unsupported by the record, or
that the proposed order is not in conformance with the standards of
§ 8.3M.4: Beneficial Use Standards, and § 8.3M.5:
Granting of Relief.
4.
Beneficial Use Standards. In determining if a landowner has been
deprived of an economically beneficial use of land, the Hearing Officer
and City Commission shall take into account the following factors:
a)
Economically Viable Use. In making the determination of whether the
land is provided an economically beneficial use, the Hearing Officer/City
Commission shall first evaluate the uses of the land as provided by
this Ordinance and the uses of land in relation to the uses provided
similarly situated lands. For the purposes of this section, economically
beneficial use means the opportunity to make a return equivalent to
that which would have been received from a conservative financial
investment. Transitory economic issues shall not be relevant to this
determination.
b)
Diminution in Value. The market value of the land, as established
by the comparable sales approach, prior to adoption of this Ordinance,
which caused the landowner to apply for relief shall be compared to
the market value of the land, as established by the comparable sales
approach, with the regulations as applied. Market value of the land
prior to the adoption of this Ordinance shall constitute its highest
and best use on (one day prior to the effective of this Ordinance,
as amended) or the date of purchase of the land, whichever is later,
and any other land value/appraisal information that the applicant
would like to be considered. All appraisals shall be proposed by qualified
licensed appraisers, and shall follow the best professional practices
as established by the profession. A mere diminution in market value
is not sufficient to support a determination of denial of economically
beneficial use.
d)
Current State of the Law. The state of the law established by the
United States Supreme Court, the federal Circuit Courts of Appeals,
and the Michigan Supreme Court, relevant to these standards.
5.
Granting of Relief.
a)
Relief. If the finding is that a landowner has been deprived economically
beneficial use of land, or is otherwise entitled to relief pursuant
to the standards of this section, relief shall be granted.
b)
General. In granting relief, the Hearing Officer may recommend and
the City Commission may adopt any legally available incentive or measure
reasonably necessary to offset any substantial economic hardship,
and may condition such incentives upon approval of specific development
plans. If there is a finding that the denial of the application would
create a substantial economic hardship, the Hearing Officer may recommend
and the City Commission may consider additional relief to provide
an appropriate increase in market value or other benefit or return
to the applicant sufficient to offset the substantial economic hardship.
The types of incentives that the Hearing Officer may recommend and
the City Commission may consider includes, but are not limited to,
the following:
1)
An amendment of the Zone District Map (rezoning of property)
to a more appropriate classification, issuance of a variance, approval
of a site plan, or other appropriate land use regulatory action that
will enable the applicant to realize a reasonable return on the property;
2)
An opportunity to transfer density or cluster development on
other property;
3)
A waiver of permit fees;
4)
Development finance assistance;
5)
Approval of development on some portion of the property; or
6)
Acquisition of all or a portion of the property at market value.
c)
Minimum Increase. In granting relief, the landowner shall be given
the minimum increase in use density/intensity or other possible concessions
from this Ordinance in order to permit an economically viable use
of the land or a use that is determined to be required by law. The
highest use, or even an average or generally reasonable expectation,
is not required or intended as the appropriate remedy. The following
guidelines shall be used for determining the minimum economically
beneficial use of land and, therefore, the amount of relief to be
granted a landowner in order to reach that minimum.
1)
A minimum economically beneficial use of the land should be
one that does not have any governmental subsidy attached to the long
term safe occupation of the land. If such a subsidy is needed, then
that should be reflected by lowering the use intensity that is considered
a minimum economically viable use on a market valuation basis.
2)
A use common to the City, although it may not involve further
development of the land, is considered an economically viable use.
Attention shall also be given to land uses that are considered to
be the lowest intensity in the City but which uses still provide for
occupation and living within the City. These land uses, as well, shall
be considered economically viable uses.
3)
The actual condition of the land shall be considered. The reality
of limited development potential, given the natural condition of the
land, shall not be attributed to the regulations applied to the land.
If the land is such that it cannot safely accommodate development
with normal grading and clearing practices, this fact shall lower
the intensity of use that is considered a minimum economically viable
use.
4)
The potential for damages to either residents or land shall
be assessed in determining economically viable use. The need for a
governmental subsidy to future landowners shall be considered, and
the cost of such subsidies shall be deducted from the otherwise established
minimum economically viable use.
5)
Expectations shall, in general, not be considered. Only reasonable
expectations backed by investments as required by the current state
of the law, shall be considered.
6)
The current state of law established by the United States Supreme
Court, the federal Circuit Court of Appeals, and the Michigan Supreme
Court, relevant to the granting of relief.
6.
Appeal. The decision of the City Commission may be appealed to a
court of law.
