Zoning Ordinance - Article 3

ARTICLE 3

ADMINISTRATION AND ENFORCEMENT

Section 3.01 Zoning Administration.

The Director shall have the duty to administer and enforce the provisions of this Ordinance. In exercising those duties, the Director shall have the authority provided by law for the enforcement of ordinances, including but not limited to, the authority to issue and serve municipal civil infraction citations and municipal civil infraction violation notices, as provided by MCL 600.8701 et seq., as amended, and the right to enter private premises as provided by law.

Section 3.02 Duties.

The Director shall:

1. Receive and review for completeness all applications for site plan review which the Plan Commission is required to decide under this Ordinance, and refer such applications to the Plan Commission for determination.
2. Receive and review for completeness all applications for appeals, variances, or other matters which the Board of Zoning Appeals is required to decide under this Ordinance, and refer such applications to the Board of Zoning Appeals for determination.
3. Receive and review for completeness all applications for special land use permits and for proposed amendments to this Ordinance, and refer such applications and proposed amendments to the Plan Commission and City Council for determination.
4. Receive and review information and recommendations regarding site plans from other municipal departments and relevant sources, and refer such information and recommendations to the Plan Commission for consideration.
5. Implement any court orders and the decisions of the Plan Commission, Board of Zoning Appeals and City Council.
6. Conduct inspections of buildings and premises as necessary to enforce the provisions of this Ordinance.

Section 3.03 Site Plan Review.

The Plan Commission shall have the authority to review and to approve, approve with conditions, or deny all site plan applications as provided in this Ordinance, except as provided for under Section 3.03 K. If all site plan application requirements are met, the Plan Commission shall approve, approve with conditions, or deny the proposal within ninety (90) days of receipt of the completed application.

The City shall not issue a building permit until a site plan, where required, has been approved and is in effect. Obtaining site plan approval does not guarantee issuance of a building permit.

Except as otherwise provided in this Article, no grading, removal of trees or other vegetation, landfilling or other construction improvements shall commence for any development which requires site plan approval until a site plan is approved and is in effect.

Site plan review shall comply with the following conditions:

1. A. When required
   1. Site plan review is required for any nonresidential project, major project, or in any residential development over 3 dwelling units, within the City where construction, alteration, addition, relocation, expansion, change or conversion is proposed which would modify the size of the existing structure or which would require a variance from the provisions of this Ordinance. Any such construction, alteration, addition, relocation, expansion, change or conversion shall comply with all applicable requirements of this Ordinance from which a variance has not been granted.
      Site plan review shall also be required for the construction of any offstreet parking area and for any use for which off-street parking is required by this Ordinance, and for the installation of outdoor electrical, mechanical or other support systems that require a permanent location, except single family.
   2. Site plan review shall not be required for individual single family dwellings, other than major projects, including additions to single family residences in R-3 districts that maintain single family status, for residential accessory buildings, or for construction or alteration of single and two-family dwellings in all residential districts.
2. Site Plan Application.
   1. Application. An applicant shall submit a request for site plan review by filing an application with the Director, which shall consist of the following:
      1. 16 copies of a site plan as well as other required data and exhibits (additional copies shall be provided upon request)
      2. the review fee
      3. a completed application form.
         All required materials shall be submitted not less than three (3) weeks prior to the Plan Commission’s consideration of the application.
   2. The Director, upon receipt of a site plan application and supporting data, shall:
      1. review the site plan application for completeness.
      2. forward the site plan application and all supporting data to the Department of Public Works, the Fire Department and the Police Department who shall review the materials and return them to the Director with any written comments.
      3. transmit the completed site plan application and all supporting data to the Plan Commission prior to its meeting.
      4. notify the applicant in writing if the site plan is incomplete. Incomplete applications and site plans may not be submitted to the Plan Commission.
   3. Information Required. A site plan shall contain all of the materials and information listed below prior to its submission to the Plan Commission for review, unless deemed unnecessary by the Director:
      1. Application
         1. Project title and street address.
         2. A written project description including proposed uses of buildings and site improvements.
         3. The names, addresses and telephone numbers of all proprietors, applicants, architects, engineers and owners' .
         4. Written proof of ownership or option on subject property.
            If the applicant is not the owner, a written explanation of their legal relationship shall be submitted.
         5. Proposed time of project completion and phasing schedule.
      2. Site Plan. Site plans shall consist of an overall plan for the entire development and must be drawn to a scale of no less than 1" = 30'.
         Sites greater than three (3) acres shall be drawn at a scale not less than 1" = 50'. The Director may also request copies of all plans and drawings in a reduced size format. Site plans must include:
         1. Date of preparation of drawings and revisions.
         2. Location map drawn at a minimum scale of 1" = 2000' with north point indicated.
         3. Architect’s, Engineer’s, Surveyor’s, Landscape Architect’s, or Planner's seal.
         4. Legal and common description of the site with existing and proposed lot lines, and dimensions.
         5. Centerline, existing, and proposed right-of-way lines of any streets or alleys, and proposed and existing easements.
         6. Zoning classification of petitioner's parcel and all abutting parcels.
         7. Gross and net buildable area.
         8. Percentage of lot coverage including existing buildings.
         9. Sign locations, illumination and size. Refer to the Sign Ordinance.
         10. Other pertinent features, including entrance details, decks, porches, fences, flag poles, or other structures.
         11. All permanent exterior lighting locations, including ornamental lighting, type of fixtures, footcandles, mounting  height and method of shielding in sufficient detail to allow determination the effect of such lighting upon adjacent properties and traffic safety. A manufacturer’s cut sheet of each type of fixture proposed shall also be submitted.
             Except as noted below, lighting fixtures shall not exceed a height of twenty-five (25) feet. In portions of a site adjacent to residential areas, lighting fixtures shall not exceed a height of twenty (20) feet. Building, ground or roofmounted lighting intended to attract attention to the building or use and not strictly designed for security purposes is prohibited. Temporary holiday lighting and decorations are exempt from this provision.
         12. Outdoor trash receptacle location and method of screening.
      3. Access and Circulation. Site plans must include dimensioned drawings of all existing and proposed:
         1. Acceleration, deceleration, passing lanes and approaches; dedicated road or service drive locations; proposed locations of driveways, access drives, street intersections; driveway locations on opposite frontage; dimensioned fire lanes, including curve radii; and surfacing materials.
         2. Parking spaces, circulation aisles, off-street loading/unloading area, stacking spaces, signage and surfacing materials in compliance with Article 8.
         3. idewalks and curbs and surfacing materials.
      4. Buildings and Structures
         1. Location, height, and outside dimensions of all existing and proposed buildings or structures on the site, with setbacks and yard dimensions, and of all existing buildings and structures within one hundred (100) feet of the site.
         2. Front, side and rear building elevations with all windows, lights, doors, screened roof equipment and exterior materials, including color, indicated.
      5. Utilities, Soil Erosion, Sedimentation Control, and Drainage
         1. Location, size and design of existing and proposed service facilities above and below ground, including:
            1. Water supply facilities including fire hydrants, water lines and mains.
            2. Sanitary sewage disposal facilities including manholes, catch basins, and sewer lines and mains.
            3. Gas, electric, telephone, fiberoptic and cable lines above and below ground.
            4. Transformers, generators, utility boxes or poles, communication equipment, satellite dishes over forty-eight (48) inches in diameter, and mechanical equipment.
            5. Easements.
            6. Chemical and fuel storage tanks, transfer lines, and containers above and below ground.
         2. Grading plan showing existing and finished contours at a maximum interval of two (2) feet.
         3. Drainage plan showing storm lines, storm drains, retention and detention ponds, existing drainage courses, proposed method of site and roof drainage, soil erosion and sedimentation control.
      6. Landscaping Plan
         1. Location and description of all:
            1. Existing trees with greater than a 4½ inch dbh.
            2. Proposed landscaping, including berms, buffers, screens and greenbelts, lawns, shrubs, and other live plant materials.
            3. Method of irrigation. Refer to the Vegetation Ordinance.
            4. Screening walls and fences, including dimensions, materials and details.
      7. Additional Requirements for Multiple Dwelling Developments
         1. Density (dwelling units per acre) calculations.
         2. Designation of units by type and number of units in each building.
         3. Garage or carport locations and details.
         4. Architectural compatibility with surrounding area. Refer to Section 5.04.
      8. Additional Requirements for Commercial and Industrial Developments
         1. Secondary containment facilities.
         2. Number of employees at peak usage.
         3. Location and dimension of outdoor sales or display areas.
         4. Location and dimension of outdoor storage areas, and details of the enclosure, including a description of material, height, spacing and typical elevation.
3. Standards for Review. The Plan Commission shall review the site plan application and may suggest and/or require modifications to the proposed site plan or require additional information, which must be completed and resubmitted for approval within sixty (60) days. The time limit may be extended upon a written request by the applicant and approval by the Plan Commission. The Plan Commission shall determine whether the site plan meets the following minimum standards:
   1. The site plan conforms to all Zoning Ordinance regulations.
   2. The proposed uses are in compliance with all City Ordinances and any applicable State and Federal laws.
   3. The proposed uses will not adversely affect existing uses by unreasonably increasing traffic, sound, artificial lighting, odors, emission of exhaust gases, drainage, pedestrian traffic, hours or days of operation, or by creating a public or private nuisance.
   4. The site plan shows a reasonable relationship between major thoroughfares and proposed service drives, driveways and parking areas.
      All structures or groups of structures shall be arranged so as to permit emergency vehicle access by practical means to all sides.
   5. The site plan design preserves natural resources to the maximum extent possible, including trees, shrubs and other vegetation.
   6. Drainage shall not adversely affect neighboring properties or overload the storm and sanitary sewers. Refer to Section 5.08.
4. Phasing of Development. The applicant may divide the proposed development into two (2) or more phases. A separate site plan may be submitted for review and approval for each phase. Where a project is proposed for construction in phases, the sequencing and scheduled completion dates for each phase shall be approved by the Plan Commission.
   Additionally, planning and designing shall be such that, upon completion, each phase shall be capable of standing on its own in terms of services, facilities, open space, access and circulation, and shall contain the necessary components to ensure the protection of the health, safety, and welfare of residents of the development and surrounding areas.
5. Record of Proceedings to be Kept. The Plan Commission shall state, in the record of its proceedings, the grounds for the actions taken concerning each site plan submitted for its approval and list any conditions imposed.
6. Effect of Approval. Approval of a final site plan authorizes issuance of a building permit upon submittal of drawings in compliance with all pertinent codes or, in the case of uses without buildings or structures, issuance of a certificate of zoning compliance. The applicant shall submit a copy of the approved site plan with the building permit application, including all conditions and modifications required by the Plan Commission.
7. Denial. If site plan approval is denied, an aggrieved party may appeal to the circuit court.
8. Amendment of Approved Site Plan. The Director shall have the discretion to determine if a proposed change requires an amendment to an approved site plan. If an amendment is required, an application must be resubmitted to the Plan Commission in accordance with the procedure for a site plan review. The Director may approve minor changes in an approved final site plan, provided that:
   1. A revised site plan drawing is submitted.
   2. The change does not result in any of the following:
      1. An alteration in the use of the development.
      2. An increase in lot coverage.
      3. An increase in density and or intensity of use.
      4. A reduction in open space.
      5. A change in required off-street parking, loading and unloading areas, or stacking spaces.
      6. A change in required pavement widths.
      7. Any substantial change in the approved site plan.
9. Conformity to Site Plan Required. An applicant, having secured approval of a site plan, must develop and maintain such site in complete conformity with the approved site plan. Modifications may be made only in accordance with the procedures set out above for site plan amendments.
10. Expiration of Approval. Approval of a site plan shall expire one (1) year following the date of approval unless construction has begun on the property in conformance with the approved site plan. Approval shall also expire unless a building permit is applied for within six (6) months of the date of approval.
11. Administrative Approval. The Director may approve a site plan without submission to the Plan Commission, subject to all of the requirements and standards listed in Section 3.03 B and C, in the following cases:
    1. Where an alteration or expansion involves less than ten (10) percent of the floor area of an existing structure or is no greater than 3,000 square feet, whichever is less, provided that the alteration or expansion does not affect parking requirements.
    2. Where existing off-street parking, stacking spaces, or loading and unloading areas are proposed to be modified, resurfaced and/or expanded by no more than 10%.
    3. Paving improvements other than new or regraded parking lots and offstreet parking, including, but not limited to, sidewalks and pathways.
    4. Where a change in building height does not add floor area.
    5. Non-structural architectural design changes to non-residential uses.
    6. Modifications to multiple-family dwellings to comply with the Americans with Disabilities Act (ADA) or barrier free regulations.
    7. Sign relocations or replacements.
    8. Installation of outdoor electrical, mechanical or other support systems that require a permanent location, of a footprint of sixteen (16) square feet or smaller.
    9. Waste receptacle relocations.
    10. Installations of screening walls.
        The Director shall have discretion to forward any site plan submitted for administrative approval to the Plan Commission for final determination. If administrative approval is denied, the applicant may submit the site plan to the Plan Commission.
12. Violations. Any violation of this Article, including any improvement or use not in conformance with an approved site plan, shall be deemed a violation of this Ordinance as provided in Section 1.07, and shall be subject to all applicable penalties.

Section 3.04 Special Land Uses.

1. Application. Special land uses may be allowed by the City Council after receiving a report from the Plan Commission, at Council’s discretion. Applications for special land uses authorized by this Ordinance shall be submitted to the Director on a form provided by the City. In addition to a complete application, the applicant is required to submit a site plan prepared in accordance with Section 3.03 B, and written explanation of how its application satisfies Section 3.04 C. Incomplete submittals may not be accepted by the Director.
2. Procedures. The procedures set forth below shall be followed upon the receipt of a completed special land use application, in addition to those listed in Section 3.03B:
   1. The Director shall review the proposed application and proposed site plan to determine if all required information has been supplied, and forward the completed application, site plan, and supporting data to the Plan Commission for a report and any recommendation to City Council. 
   2. Upon receipt of a completed application, proposed site plan and supporting data, the Plan Commission shall schedule a public hearing.  The Director shall provide notice of the appeal to persons to whom real property is assessed within three hundred (300) feet of the subject property and to occupants of all structures within three hundred (300) feet.  The notice is to be delivered personally or by mail addressed to the respective owners and tenants at the address given in the last assessment roll. If a tenant's name is not known, the term "occupant" may be used.  (No. 1017, 12-11-06)
   3. Following the close of the public hearing, the Plan Commission shall review the special land use application, site plan and supporting data and shall, within ninety (90) days, make a report or recommendation to either approve, approve with conditions, or deny the proposed special land use.  The Plan Commission shall state the reasons for its decision, and any conditions imposed, on the record. A recommendation to approve or approve with conditions shall not constitute approval of the special land use.
   4. Upon completion of any report and any recommendation by the Plan Commission, the matter shall be scheduled for consideration by City Council. Council may, but shall not be required to, schedule a public hearing. If Council decides to schedule a public hearing, notice shall comply with the provisions of Michigan Public Act 110 of 2006, as amended. (No. 1017, 12-11-06)
   5. The City Council shall, within ninety (90) days of consideration of the proposed application, approve, approve with conditions, or deny a request for a special land use. The City Council shall state the reasons for its decision on the record and list any conditions imposed.
   6. The City Council may impose such conditions and safeguards as are deemed necessary for the general welfare; including conditions necessary to insure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads covered by the land use or activity, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses of land and to protect the use of land in a socially and economically responsible manner, for the protection of individual property rights; and for insuring that the purposes of this Ordinance, and the general spirit and purposes of the district in which the special use is proposed, will be observed. Conditions so required shall conform to the requirements of PA 110 of 2006 MCL 125.3502 and 125.3504, as amended. (No. 1017, 12-11-06)
3. Standards of Review. The City Council and the Plan Commission shall review a request for a special land use in reference to any specific standards stated within this Ordinance, including the standards for review of site plans, and shall determine whether the proposed special land use will:
   1. Unreasonably detract from, erode or reduce the desirability or economic viability of any residential or business uses within twenty-five hundred (2,500) feet of the proposed use.
   2. Be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the area. Consideration shall be given to the compatibility of the proposed use with the existing uses and the natural environment.
   3. Be served adequately by existing public services and facilities and not impose additional service demands upon the City or its anticipated future resources and; if it does, whether the developer adequately addresses any such service or facility.
   4. Further enhance the public health, safety, welfare and economic benefit, and the municipal purposes and policies of the City, and not have any unreasonable parking or traffic impact on the surrounding area.
   5. Be consistent with the intent and purposes of this Ordinance and the objectives of the Land Use Plan, and comply with all applicable State and Federal laws.
4. Duration, Voiding and Extensions of Special Land Use Permit. Unless otherwise specified by the City Council, any special land use approved under this section shall expire one (1) year following the date of approval unless construction has begun on the property in conformance with the approved site plan. Approval shall also expire unless a building permit is applied for within six (6) months of the date of approval. The Director shall give notice by certified mail to the applicant before it is declared void. Said notice shall be mailed to the applicant at the address indicated on the application. Within thirty (30) days of receipt of notice of intent to void, the applicant shall have the right to request an extension from the City Council.  The City Council may grant an extension for good cause shown, for a period not to exceed one (1) year.
5. Reapplication. No application for a special land use which has been denied wholly or in part shall be resubmitted until the expiration of one (1) year or more from the date of such denial, except on grounds of newly discovered evidence or change of conditions found to be sufficient to justify reconsideration by the City Council.
6. Amendment of Approved Special Land Use. The Director shall have the discretion to determine if a proposed change requires an amendment to an approved special land use. If an amendment is required, an application must be resubmitted to the Plan Commission and to the City Council in accordance with the procedure for special land uses.

Section 3.05 Rezoning

1. Initiation of Rezoning, Zoning Ordinance Text, and Land Use Plan Amendments.  The City Council may, from time to time, amend, modify, supplement or revise the zoning district boundaries shown on the official zoning map (rezoning) or the provisions of this Ordinance. An amendment to the zoning district boundaries contained on the official zoning map (rezoning) may be initiated by the City Council, the Plan Commission, or by the owner or owners of property which is the subject of the proposed amendment. Amendments to the text of this Ordinance may be initiated by the City Council, the Plan Commission, or by petition of one (1) or more residents or property owners of the City. All proposed amendments to the official zoning map or the provisions of this Ordinance shall be referred to the Plan Commission for public hearing and recommendation to the City Council, prior to consideration by the City Council.
   The Plan Commission may amend the future land use designations shown on the City of Ferndale Land Use Plan. An amendment may be initiated by the Plan Commission or by petition of one (1) or more residents or property owners of the City.
2. Application. An amendment to the official zoning map, this Ordinance or the Land Use Plan, except those initiated by the City Council or Plan Commission, shall be initiated by submission of a completed application, including an application fee, which shall be established from time to time by resolution of the City Council. In the case of an amendment to the official zoning map (rezoning), the following information shall be submitted:
   1. A legal description and street address of the subject property, together with a map identifying the subject property in relation to surrounding properties.
   2. The name, signature and address of the owner of the subject property, a statement of the applicant's interest in the subject property if not the owner, or proof of consent from the property owner.
   3. The existing and proposed zoning district designation of the subject property.
   4. A site analysis site plan illustrating existing conditions on the site and adjacent properties; such as soil conditions, drainage patterns, views, existing buildings, any sight distance limitations and relationship to other developed sites and access points in the vicinity.
   5. A conceptual plan demonstrating that the site could be developed with representative uses permitted in the requested zoning district meeting requirements for setbacks, any required service drives and other site design factors.
   6. A written environmental assessment describing site features and anticipated impacts created by the permitted uses in the requested zoning districts.
   7. A traffic impact analysis if any permitted use in the requested zoning district could generate 100 or more peak hour directional trips, or 1,000 or more vehicle trips per day; the traffic study should contrast the daily and peak hour trip generation rates for representative use in the current and requested zoning district; the determination of representative uses shall be made by the Plan Commission with input from city staff and consultants.
   8. A written description of how the requested rezoning meets Section 3.05 E.
3. In the case of an amendment to the Land Use Plan or this Ordinance, other than an amendment to the official zoning map, a general description of the purpose and intent of the proposed amendment shall accompany the application.
4. Procedure for Rezoning, Zoning Ordinance, and Land Use Plan Amendments.  Upon initiation of a rezoning, zoning ordinance text amendment or Land Use Plan amendment, the provisions of Michigan Public Act 110 of 2006, as amended must be met. (No. 1017, 12-11-06)
   Following the public hearing, the Plan Commission shall identify and evaluate all factors relevant to the petition and shall report its findings and recommendation to the City Council, except in the case of a Land Use Plan amendment. In the case of an amendment to the official zoning map (rezoning), the Plan Commission shall consider the criteria contained in Section. 3.05 E in making its finding and recommendation.
   Following receipt of the findings and recommendation of the Plan Commission, the City Council shall consider the proposed amendment. In the case of an amendment to the text of this Ordinance, the City Council may modify or revise the proposed amendment as recommended by the Plan Commission, prior to enactment. In the case of an amendment to the official zoning map (rezoning), the City Council shall approve or deny the amendment, which may be based on consideration of the criteria contained in Section 3.05 E.
   No petition for rezoning, zoning ordinance text amendment or Land Use Plan amendment that has been denied by the City Council or Plan Commission (Land Use Plan amendment) shall be resubmitted for a period of one (1) year from the date of denial except on the grounds of new evidence or proof of changed conditions relating to all of the reasons noted for the denial found to be valid by the Plan Commission.
5. Criteria for Amendment of the Official Zoning Map (Rezoning). In considering any petition for an amendment to the official zoning map (rezoning), the Plan Commission shall and the City Council may consider the following criteria in making its findings, recommendations, and decision:
   1. Consistency with the goals, policies and Future Land Use Plan Map of the City of Ferndale Land Use Plan, including any subarea or corridor studies.  If conditions have changed since the City of Ferndale Future Land Use Plan was adopted, the consistency with recent development trends in the area.
   2. Compatibility of the site's physical, geological, hydrological and other environmental features with the potential uses allowed in the proposed zoning district.
   3. Evidence the applicant cannot receive a reasonable return on investment through developing the property with one (1) of the uses permitted under the current zoning.
   4. The compatibility of all the potential uses allowed in the proposed zoning district with surrounding uses and zoning in terms of land suitability, impacts on the environment, density, nature of use, traffic impacts, aesthetics, infrastructure, and potential influence on property values.
   5. The capacity of city infrastructure and services sufficient to accommodate the uses permitted in the requested district without compromising the "health, safety and welfare" of the City.
   6. The apparent demand for the types of uses permitted in the requested zoning district in the City in relation to the amount of land in the City currently zoned to accommodate the demand.
   7. Where a rezoning is reasonable given the above criteria, a determination shall be made that the requested zoning district is more appropriate than another district or amending the list of permitted or special land uses within a district.

Section 3.06 Use of Consultants.

When reasonably necessary, the Plan Commission and City Council may employ planning, engineering, legal, traffic or other special consultants, at the applicant’s expense, to assist in the review of special land use permits, site plan applications, rezoning applications or other matters related to the planning and development of the City.

Section 3.07 Fees.

The City Council shall establish a schedule of fees, charges, and expenses, and a collection procedure for building permits, certificates of occupancy, inspections, appeals, and other matters pertaining to this Ordinance. The schedule of fees shall be posted in the City Offices, and may be altered or amended only by the City Council. No permit, certificate, special land use approval, or variance shall be issued unless and until such costs, charges, fees, or expenses have been paid in full.