ARTICLE II. ADMINISTRATION AND ENFORCEMENT
40-27. Overview.
The township board or its duly authorized representative, as specified in this article, is hereby charged with the duty of enforcing the provisions of this chapter. Accordingly, the administration of this chapter is hereby vested in the following entities:
(1) Township board of trustees.
(2) Planning commission.
(3) Zoning board of appeals.
(4) Zoning officials, including the building official, zoning administrator and township planner.
The purpose of this article is to set forth the responsibilities and scope of authority of these entities.
(Ord. No. 147-43, § 17.001, 12-15-2003)
40-28. Responsibilities and authority of the township board of trustees.
The township board shall have the following responsibilities and authority pursuant to this chapter:
(1) Adoption of zoning ordinance and amendments. In accordance with the intent and purposes expressed in the preamble to this chapter, and pursuant to the authority conferred by Public Act No. 110 of 2006 (MCL 125.3101 et seq.), the township board shall have the authority to adopt this chapter, as well as amendments previously considered by the planning commission or at a hearing or as decreed by a court of competent jurisdiction. Adoption of any change shall be by an amendatory ordinance.
(2) Review and approval of plans. The township board shall be given the opportunity to review and approve all special land uses, in accordance with section 40-79(b)(10). Township board review and approval shall be required for all planned developments, in accordance with article III, division 4.
(3) Setting of fees. The township board shall have the authority to set all fees for permits, applications and requests for action pursuant to the regulations set forth in this chapter by resolution. In the absence of specific action taken by the township board to set a fee for a specific permit or application, the appropriate administrative official shall assess the fee based on the estimated costs of processing and reviewing the permit or application.
(4) Approval of planning commission members. In accordance with state law, the members of the planning commission shall be appointed by the township supervisor with formal approval of the township board.
(Ord. No. 147-43, § 17.002, 12-15-2003)
40-29. Responsibilities and authority of the planning commission.
The planning commission shall have the following responsibilities and authority pursuant to this ordinance:
(1) Creation. The planning commission is created pursuant to Public Act No. 285 of 1931 (MCL 125.31 et seq.), the Municipal Planning Act and Public Act No. 110 of 2006 (MCL 125.3101 et seq.), the Michigan Zoning Enabling Act. Act 110 enables and governs the activities and procedures under this chapter.
(2) Membership and operation.
a. The supervisor shall appoint members of the planning commission subject to formal approval by the township board. The qualifications of members, the term of each member, filling of vacancies, compensation of members and operation of the planning commission shall be in accordance with section 3 of Public Act No. 285 of 1931 (MCL 125.33).
b. In accordance with section 4 of Public Act No. 285 of 1931 (MCL 125.34), the planning commission by resolution shall determine the time and place of meetings. The planning commission shall adopt rules for the transaction of business, and shall keep a public record of its resolutions, transactions, findings and determinations.
(3) Jurisdiction. The planning commission shall discharge the following duties pursuant to this chapter:
a. Formulation of zoning ordinance and amendments. The planning commission shall be responsible for formulation of this chapter, review of amendments to this chapter, holding hearings on a proposed zoning ordinance or amendments, and reporting its findings and recommendations concerning this chapter or amendments to the township board.
b. Site plan review. The planning commission shall be responsible for review of applications for site plan approval in accordance with article II, division 2. As provided for in article II, division 2, the planning commission shall be responsible for either making a determination to grant approval, approval subject to revisions, or denial of site plan approval.
c. Special land use review. The planning commission shall be responsible for holding hearings and review of all applications for special land use approval in accordance with section 40-79, and making a recommendation to the township board to grant approval, approval subject to revisions, or denial of approval.
d. Planned development review. The planning commission shall be responsible for holding hearings and review of all applications for planned development in accordance with article III, division 4. The planning commission shall be responsible for making a recommendation to the township board to grant approval, approval with conditions, or denial of a planned development proposal.
e. Formulation of a comprehensive development plan (master plan). The planning commission shall be responsible for formulation and adoption of a master plan for the physical development of the township, in accordance with Michigan Public Act 285 of 1931 (MCL 125.31 et seq.), as amended.
f. Review of matters referred by the township board. The planning commission shall be responsible for review of plats or other matters relating to land development referred to it by the township board. The planning commission shall recommend appropriate regulations and action on such matters.
g. Report on the operation of the zoning ordinance. The planning commission shall periodically prepare for the township board a report on operations under this chapter including recommendations as to the enactment of amendments or supplements to this chapter.
(Ord. No. 147-43, § 17.003, 12-15-2003)
40-30. Responsibilities of the zoning board of appeals (ZBA).
(a) Creation and membership.
(1) Generally. There is hereby created a zoning board of appeals (ZBA), that shall perform its duties and exercise its powers as provided in article VI of Public Act No. 110 of 2006 (MCL 125.3601 et seq.), and in such a way that the objectives of this chapter shall be observed, public safety secured, the requirements of any other statute or ordinance and substantial justice done. The board shall consist of the following five members:
a. Planning commission member. The first member shall be a member of the township planning commission, recommended by the commission and appointed by the township board to serve for a term of one year.
b. Township board member. The second member shall be a member of the township board who may not be the chairperson of the board of appeals.
c. Other members. The remaining three members shall be electors of the township, selected and appointed by the township board from among the electors, residing in the unincorporated area of the township, who shall be representative of the population distribution and of the various interests present in the township. No employee or contractor of the township board may serve simultaneously as a member or employee of the board of appeals.
(2) Terms of office. Terms of members of the board of appeals shall be for three years, except for members serving because of their membership on the planning commission, whose term shall be one year, or township board, whose term shall be limited to the time he is a member of the township board. When members are first appointed, the appointments may be for less than three years to provide for staggered terms. A successor shall be appointed not more than one month after the term of the preceding member has expired. All vacancies for unexpired terms shall be filled for the remainder of the term by the township board.
(3) Officers. The board of appeals shall elect a chairperson, a vice-chairperson and a secretary from its members, and may create and fill such other offices or committees, as it may deem advisable. The board of appeals may appoint advisory committees outside of its membership. The term of all officers shall be for one year.
(4) Alternate members. The township board may appoint not more than two alternate members for the same term as regular members to the zoning board of appeals. An alternate member may be called upon by the chair of the zoning board of appeals or, in the absence of the chair, by a vote of the other members, to serve as a regular member in the absence of a regular member if the regular member is absent from, or will be unable to attend, two or more consecutive meetings of the zoning board of appeals, or is absent from or will be unable to attend meetings for a period of more than 30 consecutive days. An alternate member may also be called upon by the chair, or by a vote of the other members, to serve as a regular member for the purpose of reaching a decision in which a regular member has abstained for reasons of conflict of interest. The alternate member so appointed shall serve in the case until a final decision is made. The alternate member has the same voting rights as a regular member of the zoning board of appeals.
(b) Procedure and operation.
(1) Meetings. All meetings of the township zoning board of appeals (ZBA) shall be held at the call of the chairman and at other times as the ZBA, in its adopted rules of procedure, may specify. All meetings and hearings conducted by said ZBA shall comply with the open meetings act, Public Act No. 267 of 1976 (MCL 15.261 et seq.). The ZBA shall provide for due notice of meetings and hearings to the parties and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing either in person or by duly authorized agent or attorney.
(2) Concurring vote required. The concurring vote of a majority of the members of the ZBA shall be necessary to reverse an order, requirement, decision or determination of an administrative official or body; to decide in favor of an applicant on any matter upon which the ZBA is required to act; or to effect any variation to this chapter.
(3) Procedure. The ZBA shall adopt its own rules of procedure and keep a record of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating said fact; and shall file a record of its proceedings in the office of the township clerk, which shall be public record. The concurring vote of a majority of the members of the ZBA shall be necessary to reverse any order, requirement, decision or determination of the planning commission, zoning official or any other administrative official, or to decide in favor of an applicant any matter upon which they are required to pass under this chapter or to effect any variation in this chapter.
(4) Powers. The ZBA shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony and the production of books, papers, files and other evidence pertinent to the matters before it. The ZBA may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination, in accordance with the guidelines set forth herein. With an affirmative decision, the ZBA may impose conditions pursuant to section 604 of Public Act No. 110 of 2006 (MCL 125.3604). The decision of the ZBA shall be final. However, a person having an interest affected by this chapter may appeal to the circuit court for review pursuant to section 606 of Public Act No. 110 of 2006 (MCL 125.3606).
(5) Notice. The ZBA shall make no recommendation except in a specific case and after a public hearing conducted by the ZBA. Upon receipt of a written request seeking an interpretation of this chapter or an appeal of an administrative decision, a notice stating the time, date and place of the public hearing shall be published in a newspaper of general circulation within the township and shall be sent to the person requesting the interpretation not less than 15 days before the public hearing. In addition, if the request for an interpretation or appeal of an administrative decision involves a specific parcel, written notice stating the nature of the interpretation request and the time, date and place of the public hearing on the interpretation request shall be sent by first-class mail or personal delivery to all persons to whom real property is assessed 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. If a tenant’s name is not known, the term "occupant" may be used.
(6) Orders. In exercising the above powers, the ZBA may reverse or affirm, wholly or in part, or may modify the orders, requirements, decisions or determinations appealed under this chapter and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the planning commission, zoning official, building official or any other administrative official from whom the appeal is taken.
(7) Stay of proceedings. An appeal to the ZBA shall stay all proceedings in furtherance of the appealed action, unless the planning commission, zoning official or any other administrative official certifies to the ZBA, after the notice of appeal shall have been filed, that by reason of the facts stated in the appeal, a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed other than by a restraining order granted by the circuit court.
(8) Limitations. Nothing herein contained shall be construed to give or grant to the ZBA the power or authority to alter or change this chapter or the zoning map, such power and authority being reserved to the township board, in the manner provided by law. The ZBA is strictly prohibited from granting variances in the case of approval or conditions placed upon special land uses as regulated in section 40-79. The ZBA is also strictly prohibited from granting variances for any standards or conditions established within a PD planned development zoning district as stated in article III, division 4 of this chapter.
(c) Jurisdiction. The ZBA shall have power to act on those matters as defined in this section and by the laws of the state. Said jurisdiction shall include:
(1) To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by any office, department, board or bureau aggrieved by a decision of the planning commission or any administrative or enforcement officer charged with enforcement of this chapter subject to procedures and standards stated in article II, division 4 of this chapter.
(2) To authorize a variance from the strict application of the provisions of this chapter subject to procedures and standards stated in article II, division 4 of this chapter. In granting a variance, the ZBA may attach thereto such conditions and safeguards regarding the location, character, and other features of the proposed uses as it may deem reasonable so that the spirit of this chapter is observed, public safety secured and substantial justice done. In granting a variance, the ZBA shall clearly state the grounds upon which it justifies the granting of a variance.
(3) To interpret boundaries of zoning districts as presented in the official zoning map. Upon request of the planning commission or any administrative or enforcement officer charged with enforcement of this chapter, the ZBA may interpret and clarify the meaning of zoning ordinance text.
(4) To hear and decide in accordance with the provisions of this chapter, requests for exceptions to this chapter as provided for and referred to it within this chapter and for decisions on special approval situations on which this chapter specifically authorizes the ZBA to pass. Any exceptions shall be subject to such conditions as the ZBA may require to preserve and promote the character of the zoning district in question and otherwise promote the purpose of this chapter, including the following:
a. Interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the zoning map fixing the use districts, accompanying and made part of this chapter, where street layout actually on the ground varies from the street layout as shown on the aforesaid map.
b. Allow the erection and use of a building or use of premises for public utility purposes, upon recommendation of the planning commission.
c. Allow the modification of the automobile parking space or loading space requirements where, in the particular instance, such modification will not be inconsistent with the purpose and intent of such requirements.
d. Allow such modification of the height and area regulations as may be necessary to secure an appropriate improvement of a lot that is of such shape, or so located with relation to surrounding development or physical characteristics, that it cannot otherwise be appropriately improved without such modification.
e. Allow temporary buildings and uses for periods not to exceed 12 months.
f. Allow, upon proper application, the following character of temporary use, not otherwise permitted in any district, not to exceed 12 months with the granting of 12 month extensions being permissible upon proper application: uses that do not require the capital improvements. The ZBA, in granting permits and/or extensions for the above temporary uses, shall do so under the following conditions:
1. The granting of the temporary use shall not constitute a change in the uses permitted by right in the zoning district, nor on the property wherein the temporary use is permitted.
2. The granting of the temporary use shall be granted in writing, stipulating all conditions as to time, nature of development permitted and arrangements for removing the same at the termination of said temporary permit.
3. All setbacks, land coverage, off-street parking, lighting and other requirements to be considered in protection of the public health, safety, peace, morals, comfort, convenience and general welfare of the inhabitants of the township, shall be made at the discretion of the ZBA.
4. In classifying uses as not requiring capital improvement, the ZBA shall determine that they are either demountable structures related to the permitted use of the land; recreation developments, such as, but not limited to, golf-driving ranges and outdoor archery courts; or structures that do not require foundations, heating systems or sanitary connections.
5. The use shall be in harmony with the general character of the district.
6. No temporary use permit shall be granted without first giving notice to owners of adjacent property of the time and place of a public hearing to be held as further provided for in this chapter. Furthermore, the ZBA shall seek the review and recommendation of the planning commission prior to taking of any action. A public hearing may be required by the ZBA for the review of an extension of a temporary use permit.
g. Allow modification of wall requirements only when such modification will not adversely affect or be detrimental to surrounding or adjacent development.
(Ord. No. 147-43, § 17.004, 12-15-2003)
40-31. Responsibilities of zoning officials.
(a) Overview. Certain actions necessary for the implementation of these regulations shall be administered by the township zoning administrator, the building official, the township clerk, the township planning commission and other township officials and/or the duly authorized assistants or representatives of these officials. In carrying out their designated duties, all enforcement officers shall be required to administer this chapter precisely as it is written. No enforcement official shall make changes or vary the terms of these regulations.
(b) Responsibilities of the zoning administrator. The zoning administrator, or a duly authorized representative, shall be responsible for overall administration of this chapter. The zoning administrator shall coordinate the implementation of this chapter among the township board, the planning commission, the zoning board of appeals, enforcement officials, township consultants, applicants and the general public. In addition to specific responsibilities outlined elsewhere in these regulations, the zoning administrator or duly authorized representatives shall have the following responsibilities:
(1) Preparation and administration of budgetary matters regarding the implementation of these regulations.
(2) Resolution of problems occurring between applicants, staff and the general public.
(3) Periodically report to township policy makers on the status of the township’s zoning and planning administration.
(4) Provide citizens and public officials with information relative to these regulations and related matters.
(5) Assist applicants in completing appropriate forms and following procedures related to site plan review, rezoning and other zoning matters.
(6) Review all applications for site plan review, special land use review and planned development, and take any action required under guidelines stated within these regulations.
(7) In cooperation with the building official, issue certificates of occupancy in accordance with these regulations when all provisions of these regulations and other applicable ordinances and codes are met.
(8) Forward to the planning commission completed applications for site plan review, special land use review, planned unit development proposals, petitions for amendments to these regulations and other matters that must be reviewed by the planning commission.
(9) Forward to the zoning board of appeals all materials related to applications for appeals, variances or other matters on which the zoning board of appeals is required to act.
(10) Forward to the township board all recommendations of the planning commission concerning matters on which action is either mandatory or discretionary on the part of the township board.
(11) Periodically report to the planning commission on the status of the township’s zoning and planning administration.
(12) Maintain the current official zoning map of the township and an up-to-date zoning ordinance text by recording all adopted amendments.
(13) Review and investigate permit applications to determine compliance with the provisions of this chapter.
(14) Initiate investigations into alleged violations of these regulations and proceed with appropriate corrective measures as required.
(15) Perform other related duties required to administer these regulations.
(c) Responsibilities of the township building official. In addition to specific responsibilities related to enforcement and administration of the adopted state construction code, the building official or duly authorized assistants shall have the following responsibilities:
(1) Provide citizens and public officials with information relative to these regulations and related matters.
(2) Provide direction to applicants in determining and completing appropriate procedures related to site plan review, rezoning and other zoning matters.
(3) Review applications for site plan review, special land use review and planned development, provide recommendations regarding the content of said plans and take any action required under guidelines stated within these regulations.
(4) Issue building permits or other appropriate permits when all provisions of these regulations and other applicable ordinances are met.
(5) In cooperation with the zoning administrator, issue certificates of occupancy in accordance with these regulations when all provisions of these regulations and other applicable ordinances and codes are met.
(6) Perform inspections of buildings, structures and premises to ensure that the land use or improvements to the land are and will remain in compliance with these regulations.
(7) Initiate and perform investigations into alleged violations of these regulations and proceed with appropriate corrective measures when required, including issuance of violation notices, issuance of orders to stop work, and revocation of permits.
(8) Maintain records as accurately as is feasible for all nonconforming uses, structures and lots that exist on the effective date of the ordinance from which this chapter is derived, updating the record as conditions affecting the nonconforming status of such uses changes.
(9) Perform other related duties required to administer these regulations.
(d) Responsibilities of the township clerk. In addition to specific responsibilities outlined elsewhere in these regulations, the township clerk or duly authorized representatives shall have the following responsibilities:
(1) Publish all notices required by these regulations.
(2) Record or cause to be recorded and prepare the official minutes of all meetings of the planning commission and zoning board of appeals.
(3) Maintain official records and file all official minutes and documents in an orderly fashion.
(4) Perform other related duties required to administer these regulations.
(e) Responsibilities of the township planner. The township may employ a township planner, who may be a member of township staff, a firm or organization retained on a consulting basis, or staff and a consultant may share the responsibilities. In addition to specific responsibilities outlined elsewhere in these regulations, upon request from the township board, the planning commission, the zoning administrator or other authorized township body or official, the township planner may fulfill following responsibilities:
(1) Prepare and administer such plans and ordinances as are appropriate for the township and its environs, within the scope of the appropriate state planning and zoning enabling acts.
(2) Advise and assist the planning commission and be responsible for carrying out the directives of the planning commission.
(3) Advise and assist the township board and other authorized township bodies or officials and be responsible for carrying out their directives.
(4) Provide citizens and public officials with information relative to these regulations and related matters.
(5) At the request of the township, review applications for site plan review, special land use review and planned development proposals, and take any action required under the guidelines stated in these regulations.
(6) At the request of the planning commission or township board, draft amendments to this chapter and other ordinances to accomplish the planning objectives of the township.
(7) Periodically report to the planning commission on the status of the township’s zoning and planning administration.
(8) Perform other related duties, as authorized, to administer these regulations.
(Ord. No. 147-43, § 17.005, 12-15-2003)
40-32—40-50. Reserved.
DIVISION 2. SITE PLAN1
40-51. Intent and scope of regulations.
It is the purpose of this division to provide standards and requirements for site plan submissions for land uses and structures within the township and establish procedures for the submission and review of site plans as authorized by section 501 of Public Act No. 110 of 2006 (MCL 125.3501).
(Ord. No. 147-43, § 6.001, 12-15-2003)
40-52 Site plan procedures and standards.
(a) Site plan review.
(1) Site plan required. Except as provided in section 40-79(a)(2), the development of any new use, the construction of any new structures, any change of an existing use of land or structure that impacts any requirement of these regulations, and all other building or development activities shall require site plan approval prior to construction and/or occupancy pursuant to this division. For example, site plan review is required for any of the following activities:
a. Erection, moving, relocation or conversion of a building or structure to create additional floor space, other than a single-family dwelling.
b. Any development that would, if approved, provide for the establishment of more than one principal use on a parcel, such as a single-family site condominium or similar project where a single parcel is developed to include two or more sites for detached single-family dwellings.
c. Development of nonresidential uses or multiple-family uses in a single-family district.
d. Any change in land use or change in the use of a structure that potentially affects compliance with the standards set forth within these regulations.
e. The development or construction of any accessory uses or structures, except for the following:
1. Detached accessory structures 1,200 square feet or less, for incidental accessory uses on nonresidentially zoned and used property.
2. Uses or structures that are accessory to one- and two-family dwellings.
f. Any use or construction for which submission of a site plan is required by any provision of these regulations.
g. Establishment of any regulated use.
(2) Site plan not required. Notwithstanding the section 40-79(a)(1), site plan approval is not required for the following activities:
a. Construction, moving, relocating or structurally altering a single- or two-family home, including any customarily incidental accessory structures.
b. Excavating, filling or otherwise removing soil, provided that such activity is normally and customarily incidental to single-family uses described in this section for which site plan approval is not required.
c. A change in the ownership of land or a structure.
d. A change in the use of a structure to a similar use allowed by right in the zoning district in which it is located, provided that no modification to the site is proposed or required by the standards of the regulations and that the site maintains full and continuing compliance with these regulations.
(b) Required information on site plans. The following information shall be included on all site plans, where applicable:
(1) Application form. The application form shall contain the following information:
a. Applicant’s name and address.
b. Name and address of the property owner, if different from the applicant.
c. Common description of the property and complete legal description including the parcel tax identification (sidwell) number.
d. Total gross and net acreage of the site.
e. Existing zoning.
f. Proposed use of the land and the name of proposed development, if applicable.
g. Proposed buildings to be constructed, including square feet of gross floor area.
h. Proof of property ownership.
i. Names, addresses and telephone numbers of engineers, attorneys, architects and other professionals associated with the project.
j. Any additional information required by this chapter or additional guidelines adopted by the township planning commission.
(2) Descriptive and identification data. Site plans shall consist of an overall plan for the entire development, drawn to a scale of not less than one inch equals 20 feet (1"=20’) for property less than one acre, one inch equals 30 feet (1"=30’) for property larger than one acre, and one inch equals 50 feet (1"=50’) for property larger than three acres. Sheet size shall be at least 24 inches by 36 inches. The following descriptive and identification information shall be included on all site plans:
a. Applicant’s name, address and telephone number.
b. Title block indicating the name of the development.
c. Scale.
d. North point.
e. Dates of submission and revisions (month, day, year).
f. General location map drawn to scale with north point.
g. Legal and common description of the property, including parcel identification (sidwell) number.
h. The dimensions of all lots and property lines, showing the relationship of the site to abutting properties. If the site is a part of a larger parcel, the plan should indicate the boundaries of the total land holding.
i. A schedule for completing the project, including the phasing or timing of all proposed developments, if applicable.
j. Identification and seal of an architect, engineer, land surveyor, licensed community planner or landscape architect who prepared the plan.
k. Written description of the proposed land use.
l. Zoning classification of the applicant’s parcel and all abutting parcels.
m. Proximity to driveways serving adjacent parcels.
n. Proximity to major thoroughfares.
o. Notation of any variances that have or must be secured.
p. Net acreage (minus rights-of-way) and total acreage, to the nearest one-tenth acre.
q. Any additional information required by guidelines adopted by the township planning commission.
(3) Site data.
a. Existing lot lines, building lines, structures, parking areas and all existing improvements on the site and on all parcels within 100 feet of the site.
b. Front, side and rear setback dimensioned from minimum locations.
c. Topography on the site and within 100 feet of the site at two foot contour intervals, referenced to a USGS benchmark.
d. Proposed site plan features including buildings, roadway widths and names, and parking areas.
e. Dimensions and centerline of existing and proposed roads and road rights-of-way, along with a declaration of jurisdiction for each.
f. Acceleration, deceleration and passing lanes, where required.
g. Proposed location of driveway entrances and on-site driveways with dimensioned minimum and maximum widths.
h. Typical cross-section of proposed roads and driveways, if applicable.
i. Location of existing drainage courses and drains, open or enclosed and with elevations and/or inverts.
j. Location of existing or proposed underground improvements such as storage tanks, culverts and water gates.
k. Location of sidewalks within the site and within the right-of-way.
l. Exterior lighting locations and method of shielding.
m. Trash receptacle locations and method of screening, if applicable.
n. Transformer pad locations and method of screening, if applicable.
o. Parking spaces, including delineated handicap spaces, typical dimensions of spaces, indication of total number of spaces, drives and method of surfacing.
p. Information needed to calculate required parking in accordance with zoning ordinance standards.
q. The location of lawns and landscaped areas, including required landscaped greenbelts; the percentage of the site used for open space.
r. Landscape plan, including location, size, type and quantity of proposed shrubs, trees and other live plant material. A maintenance plan for landscaping shall be stated on the plan.
s. Location, sizes and types of existing trees five inches or greater in diameter, measured at one foot above grade, before and after proposed development.
t. Cross section of proposed berms.
u. Location, description and county registrar of deeds filing identification of all easements for public right-of-way, utilities, access, shared access and drainage.
v. Designation of fire lanes.
w. Delineation of dedicated loading/unloading area.
x. The location of any outdoor storage of materials and the manner by which it will be screened.
y. Any additional information required by guidelines adopted by the township planning commission.
(4) Building and structure details.
a. Location, height and outside dimensions of all proposed buildings or structures.
b. Indication of the number of stores and number of commercial or office units contained in the building.
c. Building floor plans.
d. Total floor area.
e. Proposed usable floor area.
f. Location, size, height and lighting information of all proposed signs.
g. Proposed fences and walls, including typical cross section and height above the ground on both sides.
h. Architectural elevations of building facades and walls, drawn to a scale of one inch equals four feet, or another scale approved by the zoning administrator and adequate to determine compliance with the requirements of these regulations. Elevations of proposed buildings shall indicate the type of building materials, roof design, dimensions of projections and architectural features, canopies, awnings and overhangs, screen walls and accessory buildings, and any outdoor or roof-located mechanical equipment, such as air conditioning units, heating units and transformers and related screening. The zoning administrator may permit photographs in lieu of evaluations for existing buildings where minor or no change to the facade is proposed.
i. Any additional information required by guidelines adopted by the township planning commission.
(5) Information concerning utilities, drainage and related issues.
a. Schematic layout of existing and proposed sanitary sewer connections, including septic systems, if applicable; water mains, wells and water service leads; hydrant locations that service the site; and the location and size or capacity of gas, electric, cable TV, telephone lines and proposed building leads (if structures are not single-family residences).
b. Location and size or capacity of exterior drains, catchbasins, retention/detention areas, culverts and other facilities designed to collect store, or transport stormwater or wastewater. The point of discharge for all drains and pipes must be specified on the site plan. Compliance with township discharge standards must be noted.
c. Indication of site grading, drainage patterns and proposed contours.
d. Soil erosion and sedimentation control measures.
e. Proposed finish grades on the site, including the finish grades of all buildings, driveways, walkways and parking lots.
f. Listing of types and quantities of hazardous substances and polluting materials that will be used or stored on-site at the facility in quantities greater than 25 gallons per month.
g. Areas to be used for the storage, use, loading/unloading, recycling or disposal of hazardous substances and polluting materials, including interior and exterior areas.
h. Location of underground storage tanks.
i. Delineation of areas on the site that are known or suspected to be contaminated, together with a report on the status of site cleanup.
j. Any additional information required by guidelines adopted by the township planning commission.
(6) Information concerning residential development.
a. The number, type and location of each type of residential unit (one bedroom units, two bedroom units, etc.).
b. Density calculations by type of residential unit (dwelling units per acre).
c. Lot coverage calculations.
d. Floor plans of typical buildings with square feet of floor area.
e. Garage and carport locations and details, if proposed.
f. Details of the pedestrian circulation system.
g. Location and names of roads and internal drives with an indication of how the proposed circulation system will connect with the existing adjacent roads. The plan must indicate whether proposed roads are intended to be private or dedicated to the public noting appropriate jurisdictions.
h. Community building location, dimensions, floor plans and architectural elevations, if applicable.
i. Swimming pool fencing detail, including height and type of fence, if applicable.
j. Location and size of recreation open areas.
k. Indication of type of recreation facilities proposed for recreation area.
l. Any additional information required by guidelines adopted by the township planning commission.
(7) Additional information.
a. Information related to condominium development. The following information shall be provided with all site plans that include a development involving condominium ownership:
1. Condominium documents, including the proposed master deed, condominium bylaws, restrictive covenants and easements.
2. Condominium subdivision plan requirements, as specified in section 66 of Public Act No. 59 of 1978 (MCL 559.166), and the condominium rules promulgated by the state department of labor and economic growth.
b. Items not applicable. If any of the items listed are not applicable to a particular site, the following must be provided on the site plan:
1. A statement of each item considered not applicable.
2. The reason why each listed item is not considered applicable.
c. Additional information. Any additional information required by guidelines adopted by the township planning commission must also be supplied. Other data may be required if deemed necessary by the planning commission or zoning administrator to determine compliance with provisions in these regulations. Such information may include traffic studies, market analysis, environmental assessment and evaluation of the demand on public facilities and services.
(c) Standards for site plan approval. The following criteria shall be used as a basis upon which site plans will be reviewed and approved:
(1) Adequacy 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 structures.
(2) Site design characteristics. Elements of the site design shall be harmoniously and efficiently organized in relation to topography, the size and type of parcel, the character of adjoining land uses, and the type and size of buildings. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted by these regulations.
(3) Site appearance. Landscaping, earth berms, fencing, signs, walls and other site features shall be designed and located on the site so that the proposed development is aesthetically pleasing and harmonious with nearby existing or future developments.
(4) Compliance with district requirements. The site plan shall comply with the district requirements for minimum floor space, height of building, lot size, open space, density and all other requirements set forth in the schedule of regulations, article III, division 5, unless otherwise provided in these regulations.
(5) Privacy. The site design shall provide reasonable visual and sound privacy. Fences, walls, barriers and landscaping shall be used, as appropriate, for the protection and enhancement of property and the safety and privacy of occupants and uses.
(6) Emergency vehicle access. All buildings or groups of buildings shall be so arranged as to permit convenient and direct emergency vehicle access.
(7) Ingress and egress. Every structure or dwelling unit shall be provided with adequate means of ingress and egress via public streets and walkways.
(8) Pedestrian circulation. The site plan shall provide a pedestrian circulation system that is insulated as completely as is reasonably possible from the vehicular circulation system.
(9) Vehicular and pedestrian circulation layout. The arrangement of public and common ways for vehicular and pedestrian circulation shall respect the pattern of existing streets or pedestrian ways in the vicinity of the site. The width of streets and drives shall be appropriate for the volume of traffic they will carry. In order to ensure public safety and promote efficient traffic flow and turning movements, the applicant may be required to limit street access points or construct a secondary access road.
(10) Drainage. Appropriate measures shall be taken to ensure that the removal or drainage of surface water will not adversely affect adjoining properties or the capacity of the public drainage system. Provisions shall be made for a feasible storm drainage system, the construction of stormwater collection, storage and transportation facilities, and the prevention of erosion. Surface water on all paved areas shall be collected at intervals so that it will not obstruct vehicular or pedestrian traffic and will not create nuisance ponding in paved areas. Final grades may be required to conform to existing and future grades of adjacent properties. Grading and drainage plans shall be subject to review by the township engineer.
(11) Soil erosion and sedimentation. The proposed development shall include measures to prevent soil erosion and sedimentation during and upon completion of construction, in accordance with current county and township standards.
(12) Exterior lighting. Exterior lighting shall be designed so that it is deflected away from adjoining properties, visual glare is minimized, and so that it does not impede vision of drivers along adjacent streets.
(13) Public services. Adequate services and utilities, including water, sewage disposal, sanitary sewer and stormwater control services, shall be available or provided, and shall be designed with sufficient capacity and durability to properly serve the development.
(14) Screening. Off-street parking, loading and unloading areas, outside refuse storage areas, and other storage areas that are visible from adjacent homes or from public roads, shall be screened by walls or landscaping of adequate height.
(15) Danger from fire and hazards.
a. The level of vulnerability to injury or loss from incidents involving fire and hazardous materials or processes shall not exceed the capability of the township to respond to such incidents so as to prevent injury and loss of life and property. In making such an evaluation, the township shall consider the location, type, characteristics, quantities and use of materials or processes in relation to the personnel, training, equipment and materials, and emergency response plans and capabilities of the township.
b. Sites that include significant storage of flammable or hazardous materials or waste, fuels, salt or chemicals shall be designed to prevent spills and discharges of polluting materials to the surface of the ground, groundwater and public sewer system.
(16) Health and safety concerns. Any use in any zoning district shall comply with applicable federal, state, county and local health and pollution laws and regulations with respect to noise; dust, smoke and other air pollutants; vibration; glare and heat; fire and explosive hazards; gases; electromagnetic radiation; radioactive materials; and toxic and hazardous materials.
(17) Sequence of development. All development phases shall be designed in logical sequence to ensure that each phase will independently function in a safe, convenient and efficient manner without being dependent upon subsequent improvements in a later phase or on other sites.
(18) Coordination with adjacent sites. All site features, including circulation, parking, building orientation, landscaping, lighting, utilities, common facilities and open space shall be coordinated with adjacent properties.
(d) Site plan applications.
(1) Submission of site plan for review by planning commission. In order to initiate formal review by the planning commission, the applicant is required to submit the following materials to the zoning administrator:
a. Three completed and signed copies of an application for site plan review;
b. Fifteen individually folded copies of the site plan;
c. Evidence that the plan has been submitted for review to all affected county, state and federal agencies, including, but not limited to, the county road commission, the county drain commissioner, the county health department, the state department of environmental quality (MDEQ), U.S. Army Corps of Engineers and the state department of transportation (MDOT);
d. The required review fee. These materials must be submitted to the zoning administrator in sufficient time to allow review by township staff and consultants prior to the planning commission meeting at which the review will occur. The zoning administrator shall determine what is sufficient time based on the scope and complexity of the proposal.
(2) Distribution of plans. Upon submission of all required application materials and following completion of all items required by this chapter and any other site plan review guidelines adopted by the planning commission, the proposed site plan shall be placed on the next open planning commission agenda. The site plan and application shall be distributed by the zoning administrator to appropriate township officials and the township planner for review. If deemed necessary by the zoning administrator, the plans may also be submitted to the township engineer for review.
(e) Review and action.
(1) Initial review. The planning commission may hold informal workshop and formal regular or special meetings. The first meeting at which a site plan proposal is considered may be a workshop called for that purpose or at a regular or special meeting of the planning commission. The planning commission shall review the reports of the appropriate township staff and consultants and discuss the findings and recommendations with the applicant.
(2) Request for revisions. Upon review of the site plan proposal, the planning commission may require the applicant to revise the plans or supply additional information. The applicant shall submit any revised plans for review prior to formal action being considered. All review fees must be paid prior to any review. It shall be the applicant’s responsibility to consult with township staff and consultants during any revision process. Action on the site plan shall remain tabled until the next regular planning commission meeting following submission of a substantially complete plan.
(3) Public hearing. Generally, a public hearing on a site plan for a permitted use in a zoning district is not required. A public hearing shall be required on any site plan involving uses subject to special land use approval per section 40-79(b)(8)b or planned development per section 40-588(b)(1). After payment of appropriate fees, a public hearing may be set for a regular or special meeting of the planning commission. No public hearing may be held before the planning commission has had an opportunity to review the plan.
(4) Submission of plans for final review. Fifteen individually folded copies of the revised site plan shall be submitted for review in advance of a meeting according to a processing schedule adopted by the planning commission. The zoning administrator shall distribute the revised plan to the appropriate reviewing parties.
(5) Final action. The planning commission is authorized to take the following final actions on a site plan, subject to guidelines in this chapter:
a. Approval. Upon determination that a site plan is in full compliance with the standards and requirements of these regulations and other applicable township regulations and laws, approval shall be granted.
b. Approval with conditions.
1. Upon determination that a site plan is in compliance except for minor modifications, the conditions for approval shall be identified and the applicant shall be given the opportunity to correct the site plan. Conditions may include the requirement to obtain variances or obtain approvals from other agencies. For example, as a condition of approval, the planning commission may delegate the responsibility for final approval of engineering and other technical issues to the township engineer or other appropriate staff or consultants. If a plan is approved subject to conditions, the applicant shall submit a revised plan with a revision date, indicating full compliance with the required conditions.
2. The planning commission may require that the applicant resubmit the site plan for final approval by the planning commission after conditions have been met. The planning commission may waive its right to review the revised plan, and delegate authority to the zoning administrator to review and approve a revised site plan on the commission’s behalf after required conditions have been addressed. The planning commission may require that the zoning administrator secure a favorable recommendation from the township planner and/or township engineer prior to the revised plan being considered approved.
c. Denial. Upon determination by the planning commission that a site plan does not comply with the standards and regulations set forth in these regulations, or that the submittal requires extensive revision to comply with standards and regulations, approval of the site plan shall be denied.
d. Table the site plan. Upon determination by the planning commission that a site plan is not sufficiently complete for approval or rejection, or upon a request by the applicant, the planning commission may table consideration of a site plan until a later meeting.
(6) Recording of site plan review action.
a. Each action taken with reference to a site plan review shall be duly recorded in the minutes of the planning commission. The grounds for action taken upon each site plan shall also be recorded in the minutes.
b. After the planning commission has taken final action on a site plan, the planning commission secretary shall clearly mark three copies of the application and final site plans approved or denied, as appropriate, with the date that action was taken. One marked copy will be returned to the applicant and the township will keep the other two copies on file.
(7) Procedure after site plan approval.
a. Building permit. Following final approval of the site plan by the planning commission, the applicant may apply to the township for a building permit. The issuance of a building permit shall be subject to the review of construction plans by the building department and, if deemed necessary by the building official, the township engineer. It shall be the responsibility of the applicant to obtain all applicable township, county or state permits prior to issuance of a building permit.
b. Approval expiration. Site plan approval becomes null and void if substantial construction has not commenced within 12 months following the final approval of the site plan by the planning commission, or if construction has not been completed within 12 months after it commenced following the issuance of a building permit. In such a case, the applicant shall file a new application. Review by the planning commission of the new application and site plan shall be required.
c. Approval extensions. Upon written request of the applicant, prior to the expiration of a previously granted approval, the planning commission may review the circumstances surrounding a failure to meet the required deadlines. The planning commission may grant an extension of up to 12 months to an approval if it finds that the approved site plan continues to adequately represent current conditions on and surrounding the site and that the site plan conforms to the standards of the township regulations in effect at the time of the applicant’s request for an extension.
d. Application for certificate of occupancy. Following building construction and completion of site work, the applicant may apply to the township for a certificate of occupancy or a temporary certificate of occupancy from the building official in accordance with the procedures set forth in section 40-80. It shall be the applicant’s responsibility to obtain the required certificates prior to any occupancy of the property.
e. Site maintenance after approval. It shall be the responsibility of the owner of a property for which site plan approval has been granted to maintain the property in accordance with the approved site design on a continuing basis until:
1. The property is razed;
2. New zoning regulations supersede the regulations upon which site plan approval was based; or
3. A new site design is approved following planning commission review.
Any property owner who fails to maintain an approved site plan in full compliance with approvals granted by the planning commission according to the provisions of these regulations, shall be deemed in violation of the use provisions of these regulations and shall be subject to the penalties stated in section 40-83.
(8) Revocation. The planning commission may revoke an approved site plan if construction on the site is not completed or is not progressing in a manner consistent with the approved plans. In such a case, the site plan shall be placed on the agenda of a planning commission meeting for a public hearing. The zoning administrator shall cause written notice to be provided to the applicant at least ten days prior to the meeting and shall publish notice of said hearing no later than five days prior to the date and time. The notice shall reduce all alleged inconsistencies and violations to writing. The zoning administrator, the building official, other appropriate township staff, the applicant and other interested persons shall be allowed to present information and testimony to the planning commission at the hearing. If the planning commission finds that an inconsistency or violation of the approved site plan exists at the time of the hearing, then, by a majority vote of attending members, the planning commission may revoke the approval of the site plan and order the site returned to its original condition by a date certain. Failure to comply with such an order shall be deemed a violation of the use provisions of these regulations and shall be subject to the penalties stated in section 40-83.
(9) Modification to approved plan. A previously approved site plan may be subsequently modified, subject to the following requirements:
a. Review of minor modifications to site plans.
1. Minor modifications to an approved site plan may be reviewed and approved by the zoning administrator consistent with the minimum information requirements for a sketch plan as stated in subsection (e)(10) of this section; provided, that the requested modifications meet the definition of a minor modification and do not include any one of the following items:
(i) A request for a variance;
(ii) A special land use;
(iii) A planned development plan; or
(iv) The continuation of a nonconforming use or structure.
2. Minor modifications that require a variance, special land use, planned development or continuation of a nonconforming use or structure shall be subject to review and approval by the planning commission.
(i) Minor modification defined. Minor modifications are changes that do not substantially affect the character or intensity of the use, vehicular or pedestrian circulation, drainage patterns, the demand for public services or the vulnerability to hazards. Examples of minor modifications include:
A. An addition to an existing building that does not increase or decrease the floor space by more than 25 percent or 3,000 square feet, whichever is less, providing parking modifications are not proposed or required.
B. Reoccupancy of a building by a similar use permitted by these regulations.
C. Changes to building height that do not add an additional floor.
D. Additions or alterations to the landscape plan or landscape materials.
E. Relocation or resizing utility supply lines or service connections.
F. Relocation or screening of the trash receptacle.
G. Alterations to the internal parking layout of an off-street lot in which the total available spaces is unchanged.
H. Detached accessory structures 1,200 square feet or less.
Construction of a new primary building or structure, adding or deleting parking spaces, constructing additional stories or the introduction of additional curb cuts onto a public road are examples of modifications that are not considered minor.
(ii) Determination of minor modification. The zoning administrator shall determine if the proposed modifications are minor in accordance with the guidelines in this section. In order to make a determination, the zoning administrator may solicit comments and recommendations from the township attorney, township planner, township engineer and public safety officials, as deemed necessary.
b. Modifications not deemed minor. If the zoning administrator does not deem the modifications minor, then review and approval of the changes by the planning commission shall be required. Planning commission review shall be required for all site plans that involve:
1. A request for a variance;
2. A special land use;
3. A discretionary decision such as a planned development plan; or
4. The continuation of a nonconforming use or structure.
Township board review and approval shall be required for modifications to a site plan that originally required township board approval.
c. Recording of action. Each action related to modification of a site plan shall be duly recorded in writing on a copy of the approved plan, and shall be kept on file in the office of the zoning administrator. The zoning administrator shall have the authority to require a new site plan for the purposes of clarity. The planning commission shall be advised of all minor site plan modifications approved by the zoning administrator and such modifications shall be noted on the site plan and in the minutes of the planning commission.
(10) Required information for sketch plans. The following information shall accompany or be included on all sketch plans:
a. An application form containing information as required in section 40-79(b)(1) shall be prepared and submitted with the sketch plan.
b. Sketch plans shall consist of an overall plan for the building and site or part of a site related to the building. The plan shall be drawn to a scale of not less than one inch equals 20 feet (1"=20’) for property less than one acre, one inch equals 30 feet (1"=30’) for property larger than one acre, and one inch equals 50 feet (1"=50’) for property larger than three acres. Sheet size shall be at least 24 inches by 36 inches. The following description and identification information shall be included on all sketch plans:
1. Scale and north point.
2. Name, address and telephone number of the applicant and the person preparing the drawing.
3. Zoning classification of the subject site.
4. Property boundary lines and dimensions. If more than one lot is included in the site, the lot lines of each lot shall be indicated.
5. Front, side and rear setbacks dimensioned from the minimum locations.
6. Existing and proposed driveways and edges of all existing and proposed paved surfaces, as required.
7. Parking spaces for the use, at the size required by this chapter.
8. The outline and dimensions of all existing and proposed exterior building walls on the site.
9. All exterior site improvements or modifications proposed in conjunction with the use described on the sketch plan including, but not limited to, building construction, new pavement, landscaping, trash receptacle and site clearing.
10. A written description of the proposed use.
11. A floor plan describing the use of all interior floor space.
(Ord. No. 147-43, § 6.002, 12-15-2003; Ord. No. 227, 8-1-2011)
40-53—40-77. Reserved.
40-78 Intent and scope of regulations.
It is the purpose of this division to provide procedures and related standards for the review for the application of this chapter.
(Ord. No. 147-43, § 16.001, 12-15-2003)
40-79 Special use procedures and standards.
(a) Intent. The procedures and standards in this section are intended to provide a consistent and uniform method for review of special use proposals. Special uses are uses, either public or private, that possess unique characteristics and therefore cannot be properly classified as permitted uses in a particular zoning district without special consideration. These review procedures and standards are intended to accomplish the following:
(1) Ensure full compliance with the standards contained in this chapter and other applicable local ordinances, and state and federal laws.
(2) Achieve efficient use of the land.
(3) Prevent adverse impact on adjoining or nearby properties.
(4) Protect natural resources.
(5) Facilitate development in accordance with the township’s land use objectives.
(b) Procedures and requirements. Special use applications shall be submitted in accordance with the following procedures and requirements, which provide for review and action by the planning commission, followed by optional review by the township board. Although a site plan must be submitted with a special use application, approval of the special use is required prior to site plan approval.
(1) Applicant eligibility. The application shall be submitted by the owner of an interest in land for which special use approval is sought, or by the owner’s designated agent. The applicant or a designated representative should be present at all scheduled review meetings or consideration of the proposal may be tabled.
(2) Application forms and documentation. The application for special use shall be made on the forms and according to the guidelines as provided by the zoning administrator.
(3) Application data requirements. A site plan shall be submitted with the special use application. In addition, the applicant shall complete any forms and supply any other data that may be required by the planning commission, township board or township staff to make the determination required herein. The applicant shall provide all necessary written or graphic materials to document compliance with the standards set forth in subsection (c) of this section, and other regulatory guidelines specified for particular special uses elsewhere in this chapter.
(4) Site plan preparation. The site plan shall be prepared in the manner specified in article II, division 2, and submitted as required on the special use application form. A site plan that does not meet the stipulated requirements shall be considered incomplete and shall therefore not be subject to formal review and approval.
(5) Submission of a completed plan. The special use application materials, required fees and the required number of copies of the completed site plan shall be submitted to the building department for review.
(6) Review by the township officials. The zoning administrator and other appropriate township officials shall review the site plan and application materials, and prepare a written review, which shall specify any deficiencies in the site plan and application and make recommendations as appropriate.
(7) Submission of a revised plan and special use application. The applicant shall revise the site plan and application materials, based on the recommendations set forth in the zoning administrator’s review. The applicant shall then submit the required number of copies of the revised plan for further review by staff and the planning commission.
(8) Planning commission consideration. After all application materials have been received and review fees paid, the application shall be reviewed in accordance with following procedures:
a. Acceptance for processing. The application shall be placed on the agenda of the next available scheduled planning commission meeting and a public hearing shall be scheduled.
b. Public hearing. Notice of the public hearing shall be published in a newspaper which circulates in the township, and sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet. Such notification shall be made in accordance with the provisions in section 502 of Public Act No. 110 of 2006 (MCL 125.3502).
c. Planning commission review. Following the public hearing, the special use proposal and plan shall be reviewed by the planning commission, based on the standards and regulations in this section.
d. Plan revision. If the planning commission determines that revisions are necessary to bring the special use proposal into compliance with applicable standards and regulations, the applicant shall be given the opportunity to submit a revised application and site plan. Following submission of revised application materials, the special use proposal shall be placed on he agenda of the next available scheduled meeting of the planning commission for further review and action.
(9) Planning commission determination. The planning commission shall review the application for special use, together with the public hearing findings and reports and recommendations from the building official, zoning administrator, township planner, township engineer, public safety officials and other reviewing agencies. The planning commission shall then make a determination on the special use application, based on the requirements and standards of this chapter. The planning commission may approve, approve with conditions or deny a special use request as follows:
a. Approval. Upon determination by the planning commission that the final plan for special use is in compliance with the standards and requirements of this chapter and other applicable ordinances and laws, approval shall be granted.
b. Approval with conditions. The planning commission may impose reasonable conditions with the approval of a special use proposal, to the extent authorized by law. Conditions imposed shall meet all of the following requirements:
1. Conditions shall be designed to protect natural resources, the health, safety and welfare and the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.
2. Conditions shall be related to the valid exercise of the police power and purposes that are affected by the proposed use or activity.
3. Conditions shall be necessary to meet the intent and purpose of this chapter, related to the standards established in this chapter for the land use or activity under consideration, and necessary to ensure compliance with those standards.
c. Denial.
1. Upon determination by the planning commission that a special use proposal does not comply with the intent of the adopted township master plan and/or the standards and regulations set forth in this chapter, or would otherwise be injurious to the public health, safety, welfare or orderly development of the township, the special use proposal shall be denied.
2. The planning commission shall prepare and transmit a report to the township board stating its conclusions and decision, the basis for its decision, and any conditions relating to an affirmative decision.
(10) Submission of plans for township board. After the planning commission makes its determination, the special use application and site plan shall be submitted to the township board for possible consideration. The township board shall have 20 days to formally take the application under consideration in a public meeting or to formally decide that they will consider the application at a future public meeting or not consider it as a board. If the township board does not take the application under consideration, the decision by the planning commission shall become final. If the township board does consider and act on the application, then the planning commission’s decision shall be considered a recommendation and the decision by the township board shall become final.
(11) Conditional approval. If a dimensional or other site plan related variance (e.g., lot dimensions, setbacks, building height, lot coverage, parking, etc.) is required to be granted for a special use approval, the planning commission may conditionally approve the site plan, or the township board, if they consider and act on the application, may conditionally approve the site plan, both subject to the subsequent granting of a variance with the requirement for a public hearing being held by the zoning board of appeals.
(12) Public hearing. If the township board chooses to consider a special use application, it shall first schedule a public hearing, in accordance with subsection (b)(8)b of this section.
(13) Township board determination. If the application and site plan is considered by the township board, the board shall make a determination based on review of the application and site plan together with the findings of the planning commission, and the reports and recommendation from the building official, zoning administrator, township planner, township engineer, public safety officials and other reviewing agencies. Following completion of its review, the township board shall approve, approve with conditions or deny a special use proposal in accordance with the guidelines described in subsection (b)(9) of this section for the planning commission.
(14) Recording of planning commission and township board action. Each action taken with respect to a special use shall be duly recorded in the minutes of the planning commission or township board, as appropriate. The minutes shall record the findings of fact relative to each special use proposal, the grounds for the action taken and any conditions imposed in conjunction with approval.
(15) Effect of approval. Upon approval, a special use shall be deemed a conforming use permitted in the district in which it is proposed, subject to any conditions imposed and final approval of the site plan. Such approval shall affect only the lot or portion thereof on which the proposed use is located.
(16) Zoning board of appeals authority. The zoning board of appeals is not authorized to reverse or modify a planning commission or township board’s decision to approve or deny a special land use permit, nor grant variances to their conditions placed on a special land use approval, with the following exceptions:
a. The ZBA may grant dimensional or other site plan related variances (e.g., lot dimensions, setbacks, building height, lot coverage, parking, etc.) for special land uses, subject to the conditional approval of the planning commission or township board.
(17) Application for a building permit. Prior to issuance of a building permit, the applicant shall submit proof of the following:
a. Final approval of the special use application.
b. Final approval of the site plan.
c. Final approval of the engineering plans.
d. Acquisition of all other applicable township, county or state permits.
(18) Expiration of special use approval. If construction has not commenced within 24 months of final approval, the approval becomes null and void and a new application for special use shall be required. Upon written request from the applicant, a 12-month extension may be granted by the body which made the final decision on the initial request, if it finds that the approved special use application and site plan adequately represent current conditions on and surrounding the site. The written request for extension must be received prior to the site plan expiration date or a new application for special use review will be required.
(19) Revocation of special use approval. Approval of a special use proposal and site plan may be revoked by the body that made the final decision if construction is not in conformance with the approved plans. In such a case, the building official shall ask that the special use proposal be placed on the agenda of the planning commission or township board, as appropriate. Written notice shall be provided to the applicant at least five days prior to the meeting at which the case will be considered. The applicant shall be given the opportunity to present information and to answer questions. The planning commission or township board, as appropriate, may revoke approval if it finds that a violation exists and has not been remedied prior to the hearing.
(20) Performance guarantee. The planning commission or township board may require that a performance guarantee be deposited with the township to ensure faithful completion of the improvements. Improvements that shall be covered by the performance guarantee include, but are not necessarily limited to, landscaping, open space improvements, streets, lighting and sidewalks. The performance guarantee shall comply with the requirements in section 40-82
(c) Standards for granting special use approval. Approval of a special use proposal shall be based on the determination that the proposed use will comply will all applicable requirements of this chapter, including site plan review criteria set forth in article II, division 2 of this chapter, applicable site development standards for specific uses set forth elsewhere in this chapter, and the following standards:
(1) Compatibility with adjacent uses. The proposed special use shall be designed, constructed, operated and maintained to be compatible with uses on surrounding land. The site design shall minimize the impact of site activity on surrounding properties. In determining whether this requirement has been met, consideration shall be given to:
a. The location and screening of vehicular circulation and parking areas in relation to surrounding development.
b. The location and screening of outdoor storage, outdoor activity or work areas and mechanical equipment in relation to surrounding development.
c. The hours of operation of the proposed use. Approval of a special use may be conditioned upon operation within specified hours considered appropriate to ensure minimal impact on surrounding uses.
d. The bulk, placement and materials of construction of the proposed use in relation to surrounding uses.
(2) Compatibility with the master plan. The proposed special use shall be consistent with the general principles and objectives of the adopted comprehensive master plan of the township.
(3) Compliance with applicable regulations. The proposed special use shall be in compliance with all applicable federal, state and local laws and ordinances.
(4) Use of adjacent property. The special use shall not interfere with the use and enjoyment of adjacent property.
(5) Public services. The proposed special use shall not exceed the capacity of existing and available public services, including, but not necessarily limited to, utilities, public roads, police and fire protection services, and educational services, unless the project proposal contains an acceptable plan for providing necessary services or evidence that such services will be available by the time the special use is completed.
(6) Impact of traffic. The location of the proposed special use within the zoning district shall minimize the impact of traffic generated by the proposed use. In determining whether this requirement has been met, consideration shall be given to the following:
a. Proximity and access to major thoroughfares.
b. Estimated traffic generated by the proposed use.
c. Proximity and relation to intersections.
d. Adequacy of driver sight distances.
e. Location of and access to off-street parking.
f. Required vehicular turning movements.
g. Provision of pedestrian traffic.
(7) Enhancement of surrounding environment. The proposed special use shall provide the maximum feasible enhancement of the surrounding environment, and shall not unreasonably interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value. In determining whether this requirement has been met, consideration shall be given to:
a. The provision of landscaping and other site amenities. Provision of additional landscaping over and above the specific requirements of this chapter may be required as a condition of approval of a special use.
b. The bulk, placement and materials of construction of proposed structures in relation to surrounding uses.
(8) Impact on public health, safety and welfare. The proposed special use shall not involve any activities, processes, materials, equipment or conditions of operation, and shall not be located or designed in a manner that is detrimental to public health, safety and welfare. In determining whether this requirement has been met, consideration shall be given to the production of traffic, noise, vibration, smoke, fumes, odors, dust, glare and light.
(9) Isolation of existing uses. The location of the proposed special use shall not result in a small residential area being substantially surrounded by nonresidential development, and further, the location of the proposed special use shall not result in a small nonresidential area being substantially surrounded by incompatible uses.
(10) Need for the proposed use. The planning commission and/or township board shall find that a need for the proposed use exists in the community at the time the special use proposal is considered.
(Ord. No. 147-43, § 16.002, 12-15-2003; Ord. No. 227, 8-1-2011)
40-80 Permits and certificates.
(a) Permits.
(1) Required. A building permit or other appropriate permit shall be required as follows:
a. Prior to the erection, alteration, repair, renovation, demolition or removal of any building or structure.
b. Prior to the installation, extension or replacement of plumbing, electrical, drainage or similar utility systems.
c. Prior to the establishment of a new use, whether the land is currently vacant or if a change in land use is proposed.
d. Prior to any change in use of an existing building or structure to a different class or type.
(2) Definition of alteration and repair. For the purposes of this section, the terms "alteration" and "repair" shall include any changes in structural parts, stairway, type of construction, type, class or kind of occupancy, light or ventilation, means of ingress and egress, or other changes affecting or regulated by the adopted state construction code, or other federal, state, county or township codes or regulations.
(3) Application requirements.
a. No permit shall be issued for construction, alteration or remodeling of any building or structure until an application has been submitted showing that the proposed improvements conform with the provisions of these regulations and with the state construction code.
b. Applications for permits required by this section shall be filed with the building official on forms prescribed by that official. Each application shall be accompanied by a written explanation of the proposed improvements and, if applicable, a plan of the site drawn to scale. Submitted plans shall be of sufficient detail for the official to determine whether the proposed improvements conform with these regulations, the state construction code, Public Act No. 230 of 1972 (MCL 125.1501 et seq.), and other applicable laws and ordinances.
c. A site plan submitted and approved by the planning commission in accordance with these regulations shall satisfy the requirements of this section. At a minimum, the applicant must supply the following information:
1. The location, dimensions and parcel identification (sidwell) number of the land parcel.
2. Existing buildings or structures, plus the shape, size and location of all buildings or structures to be erected, altered or moved.
3. The existing and intended use of the parcel.
4. On residential parcels, the number of dwelling units contained within each building.
5. The name and address of all persons having an ownership interest in the premises upon which the improvements are proposed, together with a written statement from all such persons indicating knowledge of and agreement with the proposal.
6. All information required by the state construction code.
7. Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of these regulations will be complied with.
(4) Conformity with applicable ordinances and approved plans.
a. A building permit shall be issued only if, after thorough inspection of the application materials and plans, the building official finds that the proposal conforms with these regulations, the state construction code act, Public Act No. 230 of 1972 (MCL 125.1501 et seq.), township adopted codes, and other applicable laws and ordinances, except where the building official receives written notice of a variance having been granted by the zoning board of appeals or local body authorized to hear construction code appeals.
b. A building permit issued on the basis of a site plan approved by the planning commission shall incorporate full compliance with the approved site plan as a condition of the issuance of the permit. Modifications to an approved site plan shall be in compliance with these regulations. Use, layout or construction at variance with approved plans or application materials shall be deemed in violation of these regulations, and subject to penalties in accordance with section 40-83
(5) Expiration of permits. A building permit issued pursuant to the provisions of these regulations shall be consistent with the procedures stated within the adopted state construction code. Expiration and notification requirements of the applicable code shall be followed.
(6) Inspection of completed work. The holder of any building permit issued pursuant to the requirements in this section shall notify the building official for a final inspection and request a certificate of occupancy upon completion of the work authorized by the permit and prior to occupancy.
(b) Certificates of occupancy. A certificate of occupancy shall be required prior to occupancy or reoccupancy of any use of land, building or structure. It shall be unlawful for any person, firm or corporation to hereafter occupy or reoccupy or for any owner or agent thereof to permit the occupation or reoccupation of any building or addition thereto, or part thereof, for residential purpose until a certificate of occupancy has been issued by the township building official. The following guidelines shall apply to certificate of occupancy:
(1) General requirements.
a. Purpose. The purpose of a certificate of occupancy is to permit the occupancy or use of land, buildings or structures. The certificate of occupancy can be issued only upon the determination by the zoning administrator and the building official that the site is in compliance with the provisions of these regulations, the requirements of the adopted township building and construction codes, adopted township engineering standards, and that all outstanding township fees, fines or other charges have been paid.
b. Certificates for new and existing buildings. Certificates of occupancy shall be issued for new or existing buildings or structures, or parts thereof, or for existing or new uses of land if, after inspection, the building official finds that any alterations, extensions, repairs or new construction have been completed in conformity with the provisions of these regulations and other regulations of the township, and provided further that the proposed use is fully in compliance with these regulations. Failure to obtain a certificate of occupancy prior to commencing the use of property shall constitute a violation of these regulations, subject to the penalties set forth in section 40-83
c. Temporary certificates. A temporary certificate of occupancy may be issued by the building official, upon approval of the zoning administrator, for a portion of a building or structure prior to occupancy of the entire building or structure, provided that such portion of the building, structure or premises is in conformity with the provisions of these regulations and other applicable regulations of the township, and provided further that no threat to public safety exists. A performance guarantee may be required by building official in accordance with section 40-82 as a condition of obtaining a temporary certificate. No temporary certificate of occupancy shall be granted for a period in excess of six months. The date of expiration shall be indicated on the temporary certificate; failure to obtain a final certificate of occupancy within the specified time shall constitute a violation of these regulations, subject to the penalties set forth in section 40-83
d. Certificates for accessory buildings to dwellings. Buildings and structures that are accessory to a dwelling shall not require a separate certificate of occupancy, but may be included in the certificate of occupancy for the principal use on the same parcel, provided that the accessory buildings or uses are shown on the plot plan and are completed at the same time as the principal use.
(2) Period of validity. A final certificate of occupancy shall remain in effect for the life of the building or structure, or part thereof, as long as the specific operation conducted within the building or structure or use of the land continues. A certificate of occupancy shall be required of any new occupant upon a change in occupancy of the building, structure or land.
(3) Records of certificates. A record of all certificates of occupancy shall be kept in the office of the building official. Copies of such certificates shall be furnished upon request to a person or persons having a propriety or tenancy interest in the property.
(4) Application requirements. An application for a certificate of occupancy shall be made on forms supplied by the building official and must be accompanied by the fees specified. A certificate of occupancy may be processed concurrently with an application for a building permit, if a building permit is required. The zoning administrator shall determine if a nonresidential occupancy change requires site plan review and approval by the planning commission pursuant to article II, division 2 of this chapter.
(5) Issuance of certificate. The building official shall inspect a building or structure within 15 working days after notification by an applicant of the completion of a building or structure or other improvements. The building official shall issue a certificate of occupancy upon finding that the building or structure, or part thereof, or the use of land conforms to an approved site plan and the provisions of these regulations. If the request for a certificate of occupancy is denied, the applicant shall be notified in writing of the denial and the reasons for denial.
(Ord. No. 147-43, § 16.003, 12-15-2003)
40-81. Fees.
(a) Any application for an amendment to this chapter, site plan review, review of a special land use proposal, review of a planned development proposal, request for a variance, request for inspection, request for a building or zoning permit, request for a certificate of occupancy or other request for other action pursuant to the regulations set forth in this chapter shall be subject to and accompanied by a fee as established by the township board. Such fees shall be collected in advance of any reviews, inspections or issuance of any permits or approvals. Upon notification of deficient payment of fees, administrative officials charged with enforcement of this chapter shall cause any permits to be suspended and reject applications for new permits directly associated with the project.
(b) The assessment and payment of application fees does not affect the requirements for a performance guarantee as specified in section 40-82
(c) There shall be no fee in the case of applications filed in the public interest by a municipal department or township official.
(Ord. No. 147-43, § 16.004, 12-15-2003)
40-82. Performance guarantee.
(a) Intent and scope of requirements. To ensure compliance with the provisions of this chapter and any conditions imposed under this chapter, the planning commission may require that a performance guarantee be deposited with the township to ensure faithful completion of improvements, in accordance with section 505 of Public Act No. 110 of 2006 (MCL 125.3505). Improvements for which the township may require a performance guarantee include, but are not limited to, roadways, lighting, utilities, sidewalks, screening and drainage.
(b) General requirements. The performance guarantee shall meet the following requirements:
(1) The performance guarantee shall be in the form of a cash deposit, certified check, surety bond or performance bond which names the property owner as the obligor in favor of the township.
(2) The performance guarantee shall be submitted at the time of issuance of the permit authorizing the activity or project. If appropriate based on the type of performance guarantee submitted, the township shall deposit the funds in an interest bearing account in a financial institution with which the township regularly conducts business.
(3) The amount of the performance guarantee shall be sufficient to cover the estimated cost of the improvements for which the performance guarantee is required. The applicant shall provide an itemized schedule of estimated costs to complete all such improvements. The zoning administrator shall determine the exact amount of the performance guarantee.
(4) The entire performance guarantee, including accrued interest, shall be returned to the applicant following a final inspection by the building official and a determination that the required improvements have been completed satisfactorily. The performance guarantee may be released to the applicant in proportion to the work completed on various elements, provided that a minimum of ten percent shall be held back on each element until satisfactory completion of the entire project.
(c) Unsatisfactory completion of improvements. Whenever required improvements are not installed or maintained within the time stipulated or in accordance with the standards set forth in this chapter, the township may complete the necessary improvements itself or by contract to an independent developer, and assess all costs of completing said improvements against the performance bond or other surety, including any interest accrued on said bond or surety. Prior to completing said improvements, the township shall notify the owner, site plan review applicant, or other firm or individual responsible for completion of the required improvements.
(Ord. No. 147-43, § 16.005, 12-15-2003)
40-83. Violations and penalties.
(a) Public nuisance. Buildings erected, altered, razed or converted (including tents, mobile homes and trailer coaches), or uses carried on in violation of any provision of these regulations are hereby declared to be a nuisance per se, and shall be subject to abatement or other action by a court of appropriate jurisdiction.
(b) Violation. Any person, firm, corporation or agent, or any employee, contractor or subcontractor of same, who fails to comply with any of the provisions of these regulations or any of the regulations adopted in pursuance thereof, or who impedes or interferes with the enforcement of these regulations by an enforcement official shall be deemed in violation of these regulations.
(c) Penalties.
(1) Any violation of any of the provisions of this chapter, or failure to comply with any of its requirements, shall be deemed a municipal civil infraction as defined by the township’s municipal civil infraction ordinance, and shall be punishable pursuant to the township’s municipal civil infraction ordinance.
(2) A violator of this chapter shall also be subject to such additional sanctions and judicial orders as are authorized under state law.
(3) Each day that a violation of this chapter continues to exist shall constitute a separate violation of this chapter.
(4) Nothing in this section shall prevent the township board of a private citizen from taking such additional lawful action as is necessary to restrain or prevent any violation of this chapter.
(d) Authority to pursue court action. The township supervisor or a duly authorized representative is hereby empowered to commence and pursue any and all necessary and appropriate actions or proceedings in the circuit court, or any other court having jurisdiction, to restrain or prevent any noncompliance with or violation of any of the provisions of these regulations, and to correct, remedy or abate such noncompliance or violation. Any person aggrieved or adversely affected by such noncompliance or violation may institute suite or join the township in such an action to abate the violation.
(e) Other remedies. The rights and remedies set forth above shall not preclude the use of other remedies provided by law, including any additional rights of the township to initiate proceedings in an appropriate court of law to restrain or prevent any noncompliance with any provisions of these regulations, or to correct, remedy or abate such noncompliance.
(f) Rights and remedies preserved. Any failure or omission to enforce the provisions of these regulations, and failure or omission to prosecute any violations of these regulations, shall not constitute a waiver of any rights and remedies provided by these regulations or by law, and shall not constitute a waiver nor prevent any further prosecution of violations of these regulations.
(Ord. No. 147-43, § 16.006, 12-15-2003; Ord. No. 147-46, 11-21-2005)
40-84. Records.
(a) Permanent and current records of this chapter including, but not necessarily limited to, all maps, amendments, variances, appeals, special land uses, certificates of occupancy and related applications, shall be maintained in the office of the township official having jurisdiction.
(b) Every rule or regulation, decision, finding of fact, condition of approval, resolution or other transaction of business of the planning commission or zoning board of appeals shall be duly recorded and filed in the public records of the office of the township clerk.
(c) A copy of any application, permit, certificate, transcript of a public meeting or other item of the public record, may be obtained from the appropriate township office upon payment of copying costs.
(Ord. No. 147-43, § 16.007, 12-15-2003)
40-85—40-111. Reserved.
DIVISION 4. VARIANCES, APPEALS AND AMENDMENTS
40-112. Variances and appeals.
(a) Statement of purpose. The purpose of this section is to define the procedures for requesting a variance from the standards and/or requirements of this chapter or filing an appeal in response to an order, requirement, permit, decision or refusal issued by any official charged with review or action under this chapter. Variance or appeal requests shall be filed with the zoning board of appeals, whose authority is defined in Public Act No. 110 of 2006 (MCL 125.3101 et seq.). The ZBA has no authority to modify or change any part of this chapter or the boundaries as stated on the official zoning map. That power is reserved to the township board of trustees of the township, in the manner provided by law. The ZBA is strictly prohibited from granting variances in the case of an approval or an approval with conditions placed upon special land uses as regulated in section 40-79(b)(15). The ZBA is strictly prohibited from granting variances for standards or conditions established in PD planned development zoning district as stated in section 40-592(b)(4).
(b) Variance and appeals.
(1) Variance. Upon formal appeal, the ZBA is authorized to grant a variance from the strict application of the provisions of this chapter. In granting a variance, the ZBA may attach such conditions and safeguards regarding the location, character and other features of the proposed uses as the ZBA may deem reasonable so that the spirit of this chapter is observed, public safety secured and substantial justice done. In granting a variance, the ZBA shall clearly state the grounds upon which it justifies the granting of the variance.
(2) Appeal. An appeal may be filed when it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by any office, department, board or bureau aggrieved by a decision of the planning commission or any administrative or enforcement officer charged with enforcement of this chapter.
(c) Application requirements.
(1) Application for variances and appeals. A person filing an application to the ZBA shall use forms as specified by the ZBA. All fees shall accompany an application before any action shall commence to review the application. The application shall specify the grounds upon which the appeal is based and shall contain a notarized signature of the property owner or owner’s agent. Applications involving a request for a variance shall specify the section number containing the standards from which a variance is sought and the nature and extent of such variance.
(2) Stay of proceedings. Completion of an application and payment of required fees for an appeal to the ZBA shall stay all proceedings in furtherance of the appealed action, unless the planning commission, zoning official or any other administrative official certifies to the ZBA, that by reason of the facts stated in the appeal, a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed other than by a restraining order granted by the circuit court.
(3) Fees. The township board may prescribe and amend by resolution a reasonable schedule of fees to be charged to applicants for appeals to the ZBA from time to time. When the notice for appeal is filed, the established fee must be paid to the township and shall be credited to the general revenue fund.
(4) Sketch plan requirements. A sketch that includes the following information, as applicable, must accompany applications for the specific site:
a. Applicant’s name, address and telephone number.
b. Property identification (sidwell) number, scale, north point and dates of submission and revisions.
c. Zoning classification of petitioner’s parcel and all abutting parcels.
d. Existing lot lines, building lines, structures, parking areas, driveways and other improvements on the site and within 50 feet of the site.
e. For variances requested from any dimensional standard of this chapter, the sketch plan shall include verified measurements of existing conditions and the proposed dimensions or calculations regarding the specific standards from which the variance is sought.
f. Any additional information required by the building official or the ZBA to make the determination requested herein.
g. Where an application to the ZBA involves a variance sought in conjunction with a site plan review by the planning commission, the application data requirements for site plan review, as set forth in article III, division 1 of this chapter shall be followed.
(5) Formal record of requests. The ZBA shall prepare, build and retain a formal record of each variance request or appeal consideration and shall base its decision on said record. The formal record shall include all of the following:
a. The relevant administrative records and the administrative orders issued thereon relating to the appeal.
b. The notice of the appeal.
c. Such documents, exhibits, plans, photographs or written reports as may be submitted to the ZBA for its consideration.
The written findings of fact, the decisions and the conditions imposed by the ZBA in acting on the appeal shall be entered into the official record, after being signed by the chairman of the ZBA, thereby effectuating the decision and any conditions imposed thereon.
(6) Approval period. If construction has not commenced within 12 months after the ZBA grants a variance to allow the erection or alteration of a building, then the variance becomes null and void. The period of approval may be automatically extended by 12 months if the variance was sought in conjunction with a site plan for which approval has been extended by the planning commission.
(d) Standards for ZBA action. Variances and appeals shall be granted only in accordance with Public Act No. 110 of 2006 (MCL 125.3101 et seq.). The action shall be based on findings regarding the standards set forth in this section. Variances and appeals shall not be granted solely upon economic or financial considerations. The extent to which the following criteria apply to a specific case shall be determined by the ZBA and become part of the formal record of the case.
(1) Criteria applicable to variances.
a. Practical difficulties. Compliance with the strict letter of the restrictions governing area, setbacks, frontage, height, bulk, density or other dimensional provisions would create practical difficulties, unreasonably prevent the use of the property for a permitted purpose or render conformity with such restrictions unnecessarily burdensome. The showing of mere inconvenience is insufficient to justify a variance.
b. Substantial justice. Granting of a requested variance or appeal would do substantial justice to the applicant as well as to other property owners in the district; or, as an alternative, granting of lesser variance than requested would give substantial relief to the owner of the property involved and be more consistent with justice to other property owners.
c. Public safety and welfare. The requested variance or appeal can be granted in such fashion that the spirit of this chapter will be observed and public safety and welfare secured.
d. Extraordinary circumstances. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties or other similar uses in the same zoning district. The conditions resulting in a variance request cannot be self-created.
e. Preservation of property rights. The variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property owners in the same zoning district.
f. No safety hazard. The granting of a variance or appeal shall not increase the hazard of fire or otherwise endanger public safety.
g. No impact on land values. The granting of a variance or appeal shall not unreasonably diminish or impair the value of surrounding properties.
h. Neighborhood character. The granting of a variance or appeal shall not alter the essential character of the neighborhood or surrounding properties.
i. Supply of light and air. The granting of a variance or appeal shall not impair the adequate supply of light and air to any adjacent property.
j. Promotes orderly development. The size, character and location of any development permitted after granting of a variance shall be in harmony with the surrounding land use and shall promote orderly development in the zoning district in which it is located.
k. Traffic flow. Any development allowed upon granting of a variance shall make vehicular and pedestrian traffic no more hazardous than is normal for the district in which it is located, taking into consideration vehicular turning movements, adequacy of sight lines for drivers, location and accessibility of off-street parking, provisions for pedestrian traffic, and measures to reduce contact between pedestrian and vehicular traffic.
l. No nuisance impacts. Any development permitted upon granting of a variance shall be designed so as to eliminate any dust, noise, fumes, vibration, smoke, lights or other undesirable impacts on surrounding properties.
m. Impact on adjacent properties. The location, design and height of a building, structure, fence or landscaping permitted upon granting of a variance shall not interfere with or discourage the appropriate development, continued use or value of adjacent land or buildings.
n. Relationship to adjacent land uses. The development permitted upon granting of a variance shall relate harmoniously in a physical and economic sense with adjacent land uses. In evaluating this criterion, consideration shall be given to prevailing shopping patterns, convenience of access for patrons, continuity of development and the need for particular services and facilities in specific areas of the township.
(2) Criteria applicable to appeals. The ZBA is authorized to reverse an order of the enforcement official or body only if it finds that the action appealed meets one or more of the following standards:
a. Was arbitrary or capricious;
b. Was based on an erroneous finding of a material fact;
c. Constituted an abuse of discretion; or
d. Was based on erroneous interpretation of this chapter, zoning law or zoning case law.
(e) Time requirements.
(1) Building permit required. No order of the ZBA that allows the erection of a building or other structure shall be valid for longer than a 12-month period unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and is considered active according to the criteria of the township building department.
(2) Use establishment. No order of the ZBA allowing the use of a building premises shall be valid for longer than a 12-month period unless such a use is established within the period. However, if the use permitted by the ZBA is dependent upon the erection or alteration of a building or structure, such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with their terms of such permit.
(f) Decision final. The decision of the ZBA shall be final, but shall be subject to review by the circuit court. The circuit court may order the ZBA to rehear a case in the event that the court finds that the record of the ZBA is inadequate to make the proper review, or that there is additional evidence that is material and with good reason was not presented to the ZBA.
(Ord. No. 147-43, § 18.001, 12-15-2003)
40-113. Amendments.
(a) Statement of purpose. The township board may, from time to time, amend, modify, supplement or revise the zoning district boundaries shown on the official zoning map or the text provisions of this chapter. Amendments to the text of this chapter may be initiated by the township board, the planning commission or by petition from one or more residents or property owners of the township. The township board, the planning commission or the owner of property that is the subject of the proposed amendment may initiate an amendment to the zoning district boundaries contained on the official zoning map. All proposed amendments to the provisions of this chapter or the official zoning map shall be referred to the planning commission for public hearing and recommendation to the township board prior to consideration thereof by the township board.
(b) Application procedure. An amendment to this chapter or the official zoning map, except those initiated by the township board or planning commission shall be initiated by submission of a completed application on a form supplied by the township, including an application fee, established from time to time by resolution of the township board.
(1) Amendment application. In the case of an amendment to the official zoning map, the following information shall accompany the application form:
a. A completed application form and the required fee to cover administrative cost and review by staff and consultants.
b. A complete legal description and street address of the subject property, together with a map identifying the subject property in relation to surrounding properties within 500 feet.
c. The name and address of the owner of the subject property, a notarized letter designating the applicant as agent for the property owner, and/or a notarized statement of the applicant’s interest in the subject property.
d. The existing and the proposed zoning district designation of the subject property.
e. If the request is for a change to the official zoning map, a written description of how the requested rezoning meets subsection (b)(2) of this section.
f. If the request is for a change to the text of this chapter, a general description of the proposed amendment shall accompany the application form along with a written description of how the requested rezoning meets subsection (b)(3) of this section.
(2) Review criteria for amendment of the official zoning map. In considering any petition for an amendment to the official zoning map, the planning commission and township board shall consider the following criteria in making its findings, recommendations and decision:
a. Consistency with the goals, policies and future land use map of the township comprehensive development plan, including any sub-area, corridor or related planning studies. If conditions have changed since the plan was adopted, the consistency with recent development trends in the area.
b. Compatibility of the site’s physical, geological, hydrological and other environmental features with potential impacts from all uses permitted in the proposed zoning district.
c. Evidence that the applicant cannot receive a reasonable return on investment through developing the property with any of the uses permitted under the current zoning classification.
d. The compatibility of all of the potential allowable uses in the proposed zoning district with surrounding land uses and zoning class in terms of suitability, environmental impacts, density, nature of use, traffic impacts, aesthetics, infrastructure and potential influences on property values.
e. The availability and capacity of township utilities and services sufficient to accommodate the uses permitted in the requested district without compromising the overall health, safety and welfare of the township.
f. The capability of the street system to safely and efficiently accommodate the expected traffic generated by uses permitted in the requested zoning district. A traffic impact study is required if the proposed rezoning class permits uses that generate over 100 directional trips during the peak hour or over 1,000 more trips per day than the general uses that could be developed under current zoning.
g. The potential demand for the types of uses permitted in the requested zoning district in the township in relation to the amount of land in the township currently zoned and available to accommodate that demand.
h. The boundaries of the requested rezoning district are reasonable in relationship to surroundings and that potential construction on the site will meet the dimensional regulations for the zoning district listed in the schedule of regulations.
i. If a rezoning is appropriate, the requested zoning district is considered to be more appropriate from the township’s perspective than other possible zoning districts.
j. If the request is for a specific use, rezoning the land is more appropriate than amending the list of permitted or special land uses for the current zoning district to allow the use.
k. The requested rezoning will not create an isolated and unplanned spot zone.
l. The request has not previously been submitted within the past one year, unless conditions have changed or new information has been provided.
m. Other factors deemed appropriate by the planning commission and/or the township board.
(3) Review criteria for amendments to zoning text. The planning commission and township board shall consider the following criteria for initiating amendments to this chapter’s text or responding to a petitioners’ request to amend this chapter’s text:
a. The proposed amendment corrects an error in this chapter.
b. The proposed amendment clarifies the intent of this chapter.
c. Documentation has been provided from township staff or consultants or the ZBA indicating specific problems and/or conflicts in implementation or interpretation of certain sections of this chapter.
d. The proposed amendment addresses changes to the state legislation.
e. The proposed amendment addresses potential legal issues or administrative problems with this chapter based on recent case law or opinions rendered by the attorney general of the state.
f. The proposed amendment promotes compliance with changes in other township ordinances and county, state or federal regulations.
g. The proposed amendment is supported by the findings of reports, studies or other documentation on functional requirements, contemporary building practices, environmental requirements and similar technical items.
h. Other criteria as determined by the planning commission or township board which protects the health and safety of the public, protects public and private investment in the township, promotes implementation of the goals and policies of the master plan or other adopted plans, and enhances the overall quality of life in township.
(c) Amendment procedure.
(1) Public hearing. Upon initiation of a map amendment, a public hearing shall be scheduled by the planning commission to consider the proposed amendment. Notice of the hearing shall be given as required by law.
(2) Planning commission consideration. Following the public hearing, the planning commission shall identify and evaluate all factors relevant to the petition and shall report its findings and recommendation to the township board. In the case of an amendment to the official zoning map, the planning commission shall consider the criteria contained in subsection (b)(2) of this section, in making its finding and recommendation. In the case of a text amendment, the planning commission shall consider the criteria contained in subsection (b)(3) of this section.
(3) Forwarding of recommendation. Following receipt of the findings and recommendation from the township planning commission and the county planning commission, if applicable, the township board shall consider the proposed amendment. In the case of an amendment to the text of this chapter, the township board may modify the proposed amendment prior to enactment. In the case of an amendment to the official zoning map, the township board shall approve or deny the amendment, based on its consideration of the criteria contained in subsection (d) of this section.
(4) Adoption. If the township board approves an amendment to this chapter it shall be approved by an amendatory ordinance drafted by the township attorney and adopted by a vote of the township board at a duly called meeting. This chapter shall be published and become effective pursuant to section 401 of Public Act No. 110 of 2006 (MCL 125.3401).
(d) Amendments required to conform to court decree. Any amendment for the purpose of conforming to a decree of a court of competent jurisdiction shall be adopted by the township board and published according to law, without the necessity of a public hearing or referral thereof to any other further board, commission or agency.
(Ord. No. 147-43, § 18.002, 12-15-2003)
40-114—40-139. Reserved.
State Law reference—Submission and approval of site plan, MCL 125.3501.