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Prescribed Process vs Actual Practice
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Non-conforming Site Plan
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| Prescribed by City Code |
Actual Practice |
Planning Commission site plan review:
Identify nonconforming specification(s)
Address relevant standards and requirements
· General desirability/necessity
· Site specific desirability/necessity
Public Hearing
Planning Commission requirements
DPS, DPW, Other agency requirements
Reject site plan based on standards and requirements contained in the ordinance
§ 154.169(A) § 154.169(D), MCL 125.3501(1), MCL 125.3501(4)
§ 154.169(D)(2) - Secretary may be authorized to approve site plan in the event the plan is revised and the development meets all criteria established by the planning commission.
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Appeal Planning Commission decision
Planning Commission and owners/occupants within 300’ of site served notice of Appeal
§ 154.163(A) § 154.164(A) § 154.166(B)
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Owners/occupants within 300’ of site served notice a variance has been requested
(illegal hearing) § 154.164(A), MCL 125.3604(7), MCL 125.3501(1)
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Zoning Board of Appeals
Conducts Public Hearing
Additional decision criteria:
Planning Commission public hearing
Planning Commission perspective regarding ordinance standards and requirements
· General desirability/necessity
· Site specific desirability/necessity
Planning Commission requirements
DPS, DPW, Other agency requirements
Authorizes variance from standards and requirements contained in the zoning ordinances; effectively conforming ordinance to plan specifications and permitting development
§ 154.164(D)(3) - precludes variance authorization, triggers review for revision of standards and requirements when specific conditions of variance request are general or recurrent in nature
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Zoning Board of Appeals
Conducts Public Hearing
Additional decision criteria:
N/A
Approves variance(s) requested
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§ 154.169(D)(2) - The Secretary shall provide subsequent reports to the Planning Commission on these plan approvals.
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Planning Commission
Site plan review/predisposed approval
Public Hearing ( function? )
( illegal approval - … regulations of this chapter have not been complied with … plan does not conform to standards and requirements contained in the ordinance )
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