The purpose of site plan review is to ensure that the use of
land and proposed structures thereon are in compliance with all applicable
provisions of this chapter, other ordinances of the Village and county,
and state and federal statutes. This section provides for the consultation
and cooperation between the applicant and Planning Commission in order
that the applicant may accomplish the desired objectives in the utilization
of land within the regulations of this chapter, while minimizing adverse
impacts on natural features, shores, roadways, adjacent uses, surrounding
infrastructure, and future uses of neighboring properties. This chapter
therefore requires that site plans include the documents, information,
and drawings necessary to address whether a proposed land use or activity
is in compliance with applicable ordinances and statutes and the intent
and purpose of this chapter.
Site plan review and approval by the Planning Commission shall
be required prior to the issuance of a building permit for the construction,
reconstruction, erection, or expansion of any building or structure
in any zoning district, or prior to the initiation of any special
land use in any zoning district, with the exception of the following:
A.
Accessory buildings and structures accessory to a single-family dwelling
or two-family dwelling in any zoning district.
B.
Single-family dwellings and two-family dwellings.
C.
Family day-care homes and foster-care family homes in any zoning
district.
D.
Short-term
rentals in the Multiple-Family Residential (MFR) Zoning District.
[Added 6-14-2021 by Ord. No. 368]
A.
Optional pre-application conference. Prior to the submission of an
application for site plan review, the applicant may meet with the
Village for initial review. The purpose of this meeting is to facilitate
discussion between the applicant and Village, and to identify any
potential issues that will need to be addressed in the site development
process.
B.
Site plan review. Application for site plan review shall be made
by submitting the following materials to the Zoning Administrator
or Planner at least 30 days prior to the Planning Commission meeting
at which the site plan is to be considered:
A.
A site plan submitted in accordance with this article shall contain
all of the following information:
(1)
The date, North arrow, and scale. The scale shall not be more
than one inch equals 20 feet.
(2)
The name and address of the individual responsible for the preparation
of the site plan.
(3)
A sketch drawn to scale sufficient to locate the property within
the Village.
(4)
The property size in acres and square feet.
(5)
All existing and proposed lot lines with bearings and dimensions,
including setback lines and existing easements.
(6)
The location of all existing structures, street rights-of-way,
pavement, parking areas and driveways within 100 feet of the subject
property.
(7)
The location and dimensions of all existing and proposed structures
on the subject property, including, but not limited to, accessory
flagpoles, fences, walls, bulkheads, docks, storage sheds, transformers,
air conditioners, generators and similar equipment, and the method
of screening where applicable.
(8)
For any structure located in the one-hundred-year floodplain,
as determined by the Federal Insurance Administration Flood Insurance
Rate Map, the elevation, in relation to mean sea level, of the lowest
floor (including basement) shall be indicated.
(9)
The location and dimensions of all existing and proposed drives,
sidewalks, curb openings, signs, curbing, unloading areas, recreation
areas, common use areas and areas to be conveyed for public purpose
and use.
(10)
Curb cuts, driving lanes, parking, and loading areas shall be
shown, including the dimensions of a typical space and aisle; the
number of parking spaces and parking calculations; vehicular circulation
patterns and features; location of all parking spaces; and identification
of service lanes and parking.
(11)
Locations of exterior site lighting shall be shown, including
specification of the height and style of fixtures.
(12)
Location of exterior trash facilities, including type of screening.
(13)
The existing zoning of all properties abutting the subject property.
(14)
Size and location of existing and proposed sewer and water supply
systems, and storm sewers, including valves, hydrants, manholes, stormwater
intakes and cleanouts.
(15)
Locations of all other utilities on the site, including, but
not limited to, natural gas, electric, cable television and telephone.
(16)
The location and size of all existing and proposed subsurface
and surface water drainage facilities, established floodplain areas,
bodies of water or other unbuildable areas if present on the site.
(17)
Existing and proposed elevation contours shall be shown at two-foot
intervals. Direction of drainage flows shall be indicated. If applicable,
the boundary of any area within the one-hundred-year floodplain, as
determined by the Federal Insurance Administration Flood Insurance
Rate Map, shall be identified.
(18)
Exterior building elevations and specifications for materials
to be used on all structures, including calculation for the percentage
of windows for each floor.
(19)
Location and design of all signs and advertising features, including
diagram of height and size of signs.
(20)
A landscape plan showing required planting and buffering features that comply with Article XIV of this chapter.
(22)
Evidence indicating that the sight distance requirements of
MDOT and the Ottawa County Road Commission (OCRC), as applicable,
are met.
(23)
Proposed and existing access points on both sides of the street
within 500 feet of the development.
(24)
Dimensions for driveways (width, radii, throat length, length
of any acceleration or deceleration lanes, tapers, pavement markings,
and signs) and all curb radii within the site.
(25)
Route and dimensioned turning movements of any expected truck
traffic, tankers, delivery vehicles, waste receptacle vehicles, and
other similar vehicles.
B.
The following documentation shall also accompany the site plan:
(1)
The name and address of the property owner and petitioner, if
different, and proof of ownership or option to purchase by the petitioner.
(2)
Typical elevation views, with dimensions, of all sides of each
principal building type.
(3)
Summary tables with the following information, as applicable,
shall be provided:
(a)
Total site area.
[1]
Net site area exclusive of right-of-way.
[2]
Minimum, maximum, and average lot area.
[3]
Number, size, and bedroom mix of dwelling units proposed, list
of commercial uses proposed, and the gross floor area of each use.
[4]
Area and percentage of site coverage by buildings, pavement
and open space.
(4)
A legal description of the subject property and its street address.
(5)
If applicable, correspondence showing that the proposal has
been submitted to MDOT, and/or the OCRC.
(6)
Where shared access is proposed or required, a draft access
easement, including the maintenance and operation agreements.
(7)
A copy of the shared parking contract between the property owners
when a shared parking agreement has been proposed.
A.
The Planning Commission may hold a public hearing on a proposed site plan, though it is not required. If a public hearing is held, notice shall be given in the same manner as specified in § 390-151.
B.
The Planning Commission shall review the site plan and shall approve, deny or approve with conditions the site plan, based on its conformance with § 390-126, Site plan review standards, all applicable provisions of this chapter, other ordinances of the Village and County, and state and federal statutes.
C.
The Planning Commission may impose reasonable conditions in conjunction
with approval of a site plan which it deems necessary to ensure conformance
with applicable provisions of this chapter and with state and federal
statutes.
All site plans reviewed by the Planning Commission pursuant
to this article shall comply with all applicable provisions of this
article and with each of the following standards:
A.
Natural features preservation. Existing natural features of the site,
including vegetation, topography, water features, and other such features,
shall be preserved to the greatest extent practical. Only those areas
under actual development shall be disturbed.
B.
Building relationships. Buildings and structures shall be placed
in an orderly, logical fashion that is consistent with its surroundings
and the intent of the district in which the lot is located. Where
proposed, open spaces shall be located and arranged in a manner which
provides view protection, visual relief, physical separation, environmentally
sensitive area protection, and/or recreational value to the site and
surrounding properties.
C.
Views. Views from adjacent properties and streets open to water areas
shall be preserved to the greatest extent practical. Placement and
height of buildings and locations of open spaces shall make reasonable
provision for protection of existing views of the significant visual
resources of the Village.
D.
Driveways, parking, and circulation. There shall be a proper relationship between the existing streets within the vicinity, and proposed deceleration lanes, service drives, entrance and exit driveways, and parking areas to assure the safety and convenience of pedestrian, bicycle, and vehicular traffic. Proposed streets and access plan and/or ingress/egress drives shall conform with any street or access plan adopted by the Village or MDOT. Access management standards of § 390-31 shall be met.
E.
Surface water drainage. Special attention shall be given to proper site surface drainage so that the removal of surface waters will not adversely affect neighboring properties, the public storm drainage system, or nearby bodies of water. Temporary on-site storage to reduce peak runoff from the site may be required. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic and will not create standing water in the paved areas. The standards of the Spring Lake Stormwater Management Ordinance (Chapter 320 of the Code of the Village of Spring Lake) shall be met.
F.
Utility service. All utility services shall be provided on site in
a manner least harmful to surrounding properties, and all utilities
are located underground, as applicable, unless specifically waived
by the Planning Commission.
G.
Special features. Exposed storage areas, trash receptacles, machinery installations, service areas, truck unloading areas, utility buildings and structures, and similar accessory areas shall be screened from view from adjoining streets and properties in accordance with Article XIV, Landscaping and Screening.
H.
Emergency access. The site plan shall provide for adequate access
to the site and all buildings on the site by emergency vehicles.
I.
Transitions. All structures shall provide an orderly transition to
adjacent development of a different scale.
J.
Common areas. Where appropriate, the site plan shall provide outdoor
common areas and associated amenities for employees, customers, and/or
residents which may include public trash receptacles, bike racks,
seating areas, recreations areas, shade trees, bus stop turnouts,
and similar facilities.
K.
Agency approvals. All applicable local, state, and federal approvals
are in place, or that such approvals shall be in place prior to issuance
of a land use permit. Further, the failure to remain in compliance
with any such approval shall be grounds for denying or revoking approval
hereunder.
L.
The site plan shall be consistent with the intent and purpose of
this chapter.
A.
Upon approval or conditional approval of a site plan by the Planning
Commission, the Planning Commission Chairman and the applicant shall
sign a minimum of three copies of the approved site plan. Signed copies
shall be provided to the applicant and the Building Official, and
one signed copy shall be made a part of the record of approval.
B.
Following approval of a site plan by the Planning Commission, construction
of all improvements and other subsequent actions relating to the activity
authorized shall be in conformity with the approved site plan.
A.
A site plan approval granted pursuant to this article shall be valid
for one year from the date of approval. If construction has not commenced
by the end of this period, and if a written request for extension
of the approval has not been submitted by the applicant, the site
plan approval shall be deemed expired and shall become null and void.
B.
The Planning Commission may grant no more than one extension of the
site plan approval for a one-year period, upon submittal in writing
by the applicant of a request for an extension prior to the date of
the expiration of the site plan approval. The Planning Commission
shall grant such an extension only upon presentation of written evidence
indicating that construction of the project has been delayed by factors
beyond the reasonable control of the applicant and that construction
on the project is likely to commence within one year and proceed diligently
to completion.
A.
Amendments to an approved site plan may be made, provided such amendments
are in conformance with this chapter, and provided such amendments
receive approval from the Village. Requests for approval of site plan
amendments shall be submitted to the Zoning Administrator.
B.
Minor changes may be approved by the Zoning Administrator upon determining
that the proposed revision(s) will not alter the basic design and
character of the site plan, nor any specified conditions imposed as
part of the original approval. Minor changes shall include, but are
not necessarily limited to, the following:
(1)
Internal rearrangement of a parking lot or a reduction in the
number of parking spaces by no more than 10%;
(2)
Changes in the building size, up to 5% of the gross floor area;
(3)
Movement of buildings by no more than 10 feet;
(4)
Landscaping approved in the site plan that is replaced by similar
landscaping to an equal or greater size and/or number;
(5)
Changes in floor plans that do not alter the character of the
use or increase the amount of required parking;
(6)
Changes to building materials of a comparable or higher quality;
(7)
Changes required or requested by the Village, Ottawa County,
or other state or federal regulatory agency in order to conform to
other laws or regulations, unless said changes result in a major change
in the opinion the Zoning Administrator; and
(8)
Change of phases or sequence of phases, only if all phases have
received final approval.
C.
A proposed change not determined by the Zoning Administrator to be
minor shall be submitted as an amendment to the site plan and shall
be processed in the same manner as the original site plan application.
D.
Approved amendments to site plans shall be recorded on a revised copy of the site plan meeting the requirements of § 390-124 and kept in the office of the Zoning Administrator. The Zoning Administrator shall notify the Building Official and any other appropriate agencies or individuals of the approved changes.
With regard to site plan approval decisions, an appeal may be
taken to the Zoning Board of Appeals in the same manner as other administrative
decisions. The concurring vote of a majority of the members of the
Zoning Board of Appeals shall be necessary to reverse any decision
by the Planning Commission, or to decide in favor of the applicant.
The appeal may be taken by any person aggrieved or by any officer,
department, board, or bureau of the Village, county, or state. The
Zoning Board of Appeals shall state the grounds of each determination.
An appeal to the Zoning Board of Appeals must be taken within 30 days
of the decision complained of by the appellant.
