Sec. 50-40. Preparation and
contents of site plan.
Each site plan application shall contain the following
preparer's seal. The
site plan shall be prepared by, and carry the seal of, a registered architect or
professional engineer who prepared the plan, in the event the proposed costs of
the project exceeds $10,000.00.
description, address and zoning information. The
site plan shall contain the legal description of the property, the property
address, the property owner's name, and the zoning classification of the
particular site and all adjacent properties.
site plan shall also contain a title block that includes the applicant's name,
the project name, the preparer's name, the drawing scale and the date of the
original drawing and any revisions.
general location map. The
site plan shall be drawn to a minimum scale of one inch equals ten feet for
sites of less than five acres, and one inch equals 100 feet for sites of five
acres of more, and shall contain a north arrow and size in acres. A general
location map at a scale of four inches equals one mile, giving the site
location, is also required.
and proposed topography. Existing
and proposed topography drawn to at least two-foot contour intervals shall be
shown on plans for sites of one acre or more. Topography on the site plan and
within 100 feet of the site shall be included, referenced to a USGS
and proposed vegetation. Indications
of trees and shrubs shall be used on the site plan where the trees and shrubs
exist or where such vegetation will be planted. All such trees and shrubs shall
be labeled as to size and whether existing or proposed.
application shall include a list of primary materials (ex., brick, stone,
roofing, paint chips) to be used on the projects exterior and the applicant
shall bring representative material samples to the planning commission
dimensional information. The
following additional information shall be required (all dimensional) for all
a. Dimensioned floor plans.
b. A survey showing existing lot lines,
structures, parking areas and other improvements on the site and within 100 feet
of the site.
c. Dimensions and centerline of existing and
proposed roads and right-of-ways.
d. Acceleration, deceleration and passing lanes,
e. Proposed location of access drives and on-site
f. Loading and unloading areas.
g. Location of existing and proposed interior
sidewalks and sidewalks in the right-of-way.
h. Exterior lighting locations, and light pole
detail and specifications; provided that the building official or planning
commission may also require a more detailed lighting plan and/or photometric
studies to assure adequate protection of surrounding properties.
i. All utilities serving the area located on the
j. Trash receptacle location and method of
screening, including information detailing specific material samples that
compliment the proposed construction.
k. Transformer pad locations, mechanical
equipment location, and method of screening.
l. Location of front, side and rear setbacks,
height restriction, and yard dimensions.
m. Dimensioned parking spaces and parking
coverage, preliminary drainage plan, drives and method of paving, and cross
sections and details of all curbs and ramps.
n. Location of lawns and landmark trees,
hardscape and landscape areas, including specific plant materials proposed. A
landmark tree is any tree that has a trunk over 12 inches in diameter as
measured from 4 1/2 feet from the average ground level.
o. Greenbelt, wall or berm locations and cross
p. All existing and proposed
q. Designation of fire lanes and fire hydrant
r. Building elevations including location, height
and outside dimensions of all proposed buildings and structures, including color
s. Location, size, height and lighting of all
t. Swimming pool fencing details, including
height and type of fence, if applicable.
(Code 1975, § 5-21-7; Ord. No. 810, § 98-448,
Sec. 50-41. Standards for
The planning commission shall approve a site plan if the site plan
meets all applicable standards set forth in this Code. If such site plan does
not comply with such provisions, the plan may be approved by the zoning board of
appeals by granting a waiver or variance of such deficiency and upon a finding
by the zoning board of appeals or the city council that the site design will be
in compliance with the standards found in the zoning enabling act and this
section. The planning commission may, as a basis for making such findings,
require whatever site plan modifications it deems necessary, including the
provision of additional site design amenities not specifically required by this
Code, in order to protect natural resources and the health, safety and welfare
and the social and economic well-being of the people. In addition, the planning
commission shall use the following criteria in evaluating the site
of information. The
site plan shall include all required information in sufficiently complete and
understandable form to provide an accurate description of the proposed uses and
design characteristics. All
elements of the site design shall be harmoniously and efficiently organized in
relation to topography, the size and type of plot, the character of the
adjoining property and the type and size of buildings. The site plan shall be so
developed so as not to impede the normal and orderly development or improvement
of surrounding property for the uses permitted.
of natural areas. The
landscape shall be preserved in its natural state, insofar as practicable, by
minimizing tree and soil removal. Appropriate provisions shall be made for
either the preservation of landmark trees or alternative measures to assure
future plantings within the city.
site design shall provide reasonable visual and sound privacy for dwelling units
located within the project and adjacent to the project. Fences, walks, barriers
and landscaping shall be used, as appropriate, for the protection and
enhancement of property and the privacy of its occupants.
vehicle access. All
buildings or groups of buildings shall be so arranged as to permit emergency
vehicles access by some practicable means to all sides.
and egress. Every
structure or dwelling unit shall be provided with adequate and safe means of
ingress and egress via public streets and walkways.
of vehicle and pedestrian circulation. The
site plan shall provide a pedestrian circulation system which is insulated as
completely as is reasonably possible from the vehicular circulation
of streets and pedestrian ways.
a. The arrangement of public or common ways for
vehicular and pedestrian circulation shall respect the pattern of existing or
planned streets and pedestrian or bicycle pathways in the area. The width of
streets and drives shall be appropriate for the volume of traffic they will
b. In order to achieve adequate and safe traffic
circulation, the planning commission may recommend and the city council may
require dedication of a public right-of-way through the site, prior to site plan
approval. The planning commission may also recommend and the city council may
require that marginal access drives be constructed to serve adjacent buildings,
parking areas and loading zones, and thereby reduce the number of outlets onto
major thoroughfares or roads. If such marginal access drive is required, the
city council may require the deposit of a performance guarantee with the city
clerk to ensure completion of the drive.
measures shall be taken to ensure that the removal of surface waters will not
adversely affect neighboring properties or the public storm drainage system.
Provisions shall be made for the construction of sewer facilities, including
grading, gutters, piping and treatment of turf to handle stormwater and prevent
erosion and the formation of dust. Surface water on 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 puddles in paved areas.
lighting shall be designed so that it is shielded from adjacent properties and
so that it does not impede the vision of traffic along adjacent
scale and design of the proposed development shall facilitate the adequate
provision of services currently furnished or as may be required of the city,
including fire and police protection, stormwater removal, sanitary sewage
removal and treatment, traffic control and administrative services.
fences and walls. The
site plan shall provide for landscaping consistent with the quality and
character of landscaping on nearby properties. Visually unattractive structures
(ex., transformers, generators, utility cabinets, mechanical equipment and
similar structures or equipment) shall be screened with either landscaping,
fencing or walls. The planning commission may require additional landscaping
fences or walls in accordance with the standards and intent of this
building treatment. The
exterior building materials and treatment shall be of finished quality,
consistent with the quality of exterior treatment on surrounding buildings and
the design standards ordinance. Examples of finished quality exterior materials
include brick, wood siding and glass. Examples of materials not considered
finished quality in commercial office and residential areas include painted
trash receptacles shall be appropriately screened and utilize quality materials
that complement the proposed site and adjacent properties.
(Code 1975, § 5-21-8; Ord. No. 810, § 98-449,
Sec. 50-42. Fees, recoverable
applicant shall pay a nonrefundable $350.00 fee at the time the application is
section only applies if the preapplication process determines that review costs
to the city are likely to involve outside consultant fees and costs. Fees for
review of site plans, applications for special land use approval, and for
certificates issued under the provisions of this chapter shall be collected by
the city in advance of the review or issuance of the permits, certificates or
approvals. The amount of the fees shall be established and revised by the city
council from time to time by resolution, and shall include the cost of
inspection and supervision for the enforcement of this chapter. All fees shall
be paid to the general fund of the city.
(1) Every application for approval of a site plan
or a special land use permit shall be accompanied by a nonrefundable application
and filing fee established by the city council, plus a deposit for the estimated
recoverable costs to be incurred by the city in processing the application, as
shall be fixed from time to time by administrative order of the city manager.
The owner of the property subject of the application and, if different, the
applicant shall sign the application. Both shall be jointly and severally liable
for the payment of the fee and the city's recoverable costs. By signing the
application, the owner shall be deemed to have agreed to pay such fee and costs
and to consent to the filing and foreclosure of a lien on the subject property
to ensure collection of any unpaid fee and costs, plus the costs of
(2) The term "recoverable costs" means the costs
incurred by the city in processing an application for a special use permit
approval or approval of a site plan or PUD, and shall be deemed to consist at
least of the following items of direct and indirect expenses:
a. Legal publication (direct cost);
b. Document preparation and review (hourly salary
times a multiplier to be established from time to time by administrative order
of the city administrator at a level sufficient to recover 100 percent of the
direct and indirect cost of such service);
c. Copy reproduction (direct cost);
d. Document recordation (direct
e. Professional and technical consultant services
such as engineers, architects, and community planners (direct cost);
f. Legal review, consultation, and advice (direct
g. Inspection fees (direct costs);
h. Conduct of any planning commission hearings
(direct cost), including recording secretarial services and court reporter, if
(3) At the request of an applicant for a special
use permit, or for approval of a site plan, made before any engineering review,
the building inspector will obtain a nonbinding estimate of the city's
consulting engineers' or community planners' fees. During the review and
process, the applicant's deposit pursuant to subsection (a) of this section will
be adjusted upward or downward, as warranted, to accurately reflect the actual
costs incurred by the city in processing the permit. The city shall give the
applicant timely notice of any additions required to maintain a reasonable
deposit balance. The city shall also notify an applicant when the processing
costs surpass $5,000.00, and shall thereafter notify the applicant when such
costs surpass each $500.00 increment greater than $5,000.00. The failure of the
city to notify any applicant shall not relieve the applicant of the duty to pay
all such costs and shall not prevent the city from assessing and collecting all
its recoverable costs.
(4) No application for a special use permit or
for approval of site plan shall be considered complete unless all fees, deposits
and costs due pursuant to this section have been paid. Every permit and approval
issued pursuant to this Code, whether or not expressly so stated, shall be
deemed to be conditioned on payment of fees and deposits as required by this
section. The failure to fully pay any such amount when due shall be grounds for
refusing to process an application and for denying or revoking any permit or
approval sought or issued with respect to the land or development to which the
unpaid fee or deposit relates.
(Ord. No. 810, § 98-450, 8-7-2006)
Sec. 50-43. Notice
(a) When public notice is required by this
chapter, before a public hearing or other decision, a notice shall be provided
shall be published in a newspaper of general circulation in the city not less
than 15 days prior to the public hearing.
shall also be sent by mail or personal delivery to the owners of all property
for which approval is being considered, to the owners of all real property
within 300 feet of the boundary of the property in question, and to the
occupants of all structures within 300 feet of the boundary of the property in
question regardless of whether the property or occupant is located in the city.
If the name of the occupant is not known, the term "occupant" may be used in
making notification. Notification need not be given to more than one occupant of
a structure, except that if a structure contains more than one dwelling unit or
spatial area owned or leased by different individuals, partnerships, businesses,
or organizations, one occupant of each unit or spatial area shall receive
notice. In the case of a single structure containing more than four such units
or spatial areas, notice may be given to the manager or owner of the structure,
who shall be requested to post the notice at the primary entrance to the
structure. This notice shall be given not less than 15 days prior to the date of
the public hearing schedule.
notice shall contain:
a. A description of the nature of the request to
b. A description of the property that is the
subject of the request. The notice shall include a listing of all existing
street addresses within the property. If there are no street addresses, other
means of identification may be used.
c. A statement of when and where the request will
d. A statement of when and where written comments
will be received, and where the request is available for inspection.
(b) If the nature of the proposed amendment is to
rezone an individual property or several adjacent properties, then notice shall
be provided as described above. However, if 11 or more adjacent properties are
proposed for rezoning, then notice shall be provided under MCL