The township board may from time to time, on recommendation from the planning commission, or its own after requesting recommendation from the planning commission, amend, modify, supplement or revise the district boundaries or the regulations herein, or as the same area subsequently established, pursuant to the authority and procedure authorized in Act No. 110 of the Public Acts of Michigan of 2006, as amended.

(Ord. No. 01-20, § 18.371, 2-10-20)

(a)

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 in a form supplied by the township, including an application fee, which shall be established from time to time by resolution of the township board. Fees shall not be required for amendments proposed by the township board or planning commission.

(b)

In the case of an amendment to the official zoning map, the following information shall accompany the application form:

(1)

A legal description and street address of the subject property.

(2)

The name and address of the owner(s) of the subject property, and a statement of the applicant's interest in the subject property if not the owner in fee simple title.

(3)

Applicant's signature or authorized representative.

(4)

The existing and proposed zoning district designation of the subject property.

(c)

In the case of an amendment to this chapter, other than an amendment to the official zoning map, the specific text of the proposed amendment shall accompany the application form.

(Ord. No. 01-20, § 18.372, 2-10-20)

(a)

Upon initiation of an amendment, a public hearing on the proposed amendment shall be scheduled before the planning commission. All applications for an amendment shall be processed and the required public hearing shall be noticed and conducted in compliance with the Michigan Zoning Enabling Act, as amended.

(b)

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 section 18-374 in making its finding and recommendation.

(c)

Prior to township board consideration of the zoning amendment, the township shall submit the proposed zoning amendment to the appropriate county commission for review and recommendation.

(d)

Following receipt of the findings of the planning commission and the county, 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 or revise the proposed amendment as recommended by the planning commission and/or county, 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 section 18-374.

(Ord. No. 01-20, § 18.373, 2-10-20)

(a)

Review. In reviewing any application for an amendment to the zoning map, the planning commission and township board shall identify and evaluate all factors relevant to the application. The planning commission shall report its findings in the form of the official meeting minutes of the planning commission, along with its recommendations for disposition of the application to the township board.

(b)

Findings. The facts to be considered by the planning commission and township board shall include, but not be limited to, the following:

(1)

Whether the rezoning is consistent with goals, policies, and uses proposed for the subject parcel in the township's master plan.

(2)

Whether the rezoning is justified by a change in conditions since the original ordinance was adopted or by an error in the original ordinance.

(3)

Whether the subject parcel possesses natural features and environmental characteristics which would be significantly adversely impacted by a development or use allowed by the requested zoning.

(4)

Whether the rezoning complies with the purposes of this chapter as described in section 18-02(d).

(5)

Whether uses allowed under the proposed rezoning would be equally or better suited to the area than uses allowed under the current zoning.

(6)

The ability of the township or other governmental agencies to provide services, infrastructure, and facilities that may be required if the rezoning were approved.

(Ord. No. 01-20, § 18.374, 2-10-20)

Following township board approval of a petition to amend the zoning ordinance, notice of the amendment shall be published within fifteen (15) days after adoption in a newspaper of general circulation within the township. The notice of adoption shall include the following information:

(1)

Either a summary of the regulatory effect of the amendment, including the geographic area affected, or the text of the amendment.

(2)

The effective date of the amendment.

(3)

The place and time where a copy of the ordinance may be purchased or inspected.

(Ord. No. 01-20, § 18.375, 2-10-20)

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, without necessity of a public hearing or referral thereof to any other board or agency.

(Ord. No. 01-20, § 18.376, 2-10-20)

(a)

Intent. It is recognized that there are certain instances where it would be in the best interest of the township, as well as advantageous to a property owner seeking a change in a zoning classification, if certain conditions could be proposed by a property owner as part of a request for rezoning. It is the intent of this section to provide a process consistent with the provisions of the Michigan Zoning Enabling Act, as amended, by which an owner seeking a rezoning may voluntarily propose conditions regarding the use and/or development of land as part of the rezoning request.

(b)

Application and offer of conditions.

(1)

A property owner may voluntarily offer, in writing, conditions relating to the use and/or development of land for which a rezoning is requested. This offer may be made either at the time the application for rezoning is filed or may be made at a later time during the rezoning process.

(2)

The required application and process for considering a conditional rezoning request shall be the same as that for considering rezoning requests made without any offer of conditions, except as modified by the requirements of this section.

(3)

The notice of public hearing for a conditional rezoning request shall include a general description of the conditions proposed by the property owner.

(4)

The owner's offer of conditions may not purport to authorize uses and/or developments not permitted in the requested new zoning district.

(5)

The owner's offer of conditions shall bear a reasonable and rational relationship to the property for which the conditional rezoning is requested.

(6)

Any use and/or development proposed in conjunction with a conditional rezoning that would require special land use approval under the terms of this chapter may only be commenced if special land use approval for such use and/or development is ultimately granted in accordance with the provisions of this chapter.

(7)

Any use and/or development proposed in conjunction with a conditional rezoning that would require a variance under the terms of this chapter may only be commenced if a variance for such development standard is ultimately granted by the zoning board of appeals in accordance with the provisions of this chapter.

(8)

Any use and/or development proposed in conjunction with a conditional rezoning that would require site plan approval under the terms of this chapter may only be commenced if site plan approval for such use and/or development is ultimately granted in accordance with the terms of this chapter.

(9)

The offer of conditions may be amended during the processing of a rezoning request provided that any amended or additional conditions are entered voluntarily by the property owner. An owner may withdraw all or part of their offer of conditions any time prior to final rezoning action by the township board provided that, if such withdrawal occurs after the planning commission's public hearing on the original rezoning request, then the rezoning application shall be referred to the planning commission for a new public hearing with appropriate notice and a new recommendation.

(c)

Approval.

(1)

The planning commission and township board shall consider, but not limit themselves to, the facts contained in section 18-374(b) when reviewing a request for a conditional rezoning and conditional rezoning agreement.

(2)

If the township board approves the rezoning request and offer of conditions, the offered conditions shall be incorporated into a conditional rezoning agreement acceptable to the owner and conforming in form to the provisions of this section. The conditional rezoning agreement shall be incorporated by attachment to the rezoning request at such time as the rezoning is approved by the township board.

(d)

Conditional rezoning agreement.

(1)

A conditional rezoning agreement shall be prepared by the township attorney and shall include the following:

a.

Be in a form recordable with the county register of deeds.

b.

A statement acknowledging that the agreement runs with the property and is binding upon successor owners of the property.

c.

A statement confirming that the agreement was proposed by the owner and entered into voluntarily.

d.

A statement confirming that the property shall not be used or developed in a manner that is inconsistent with the conditions placed on the rezoning.

e.

A list of conditions proposed by the owner.

f.

A legal description of the property.

g.

A sketch plan or other documents in sufficient detail to illustrate any specific conditions proposed by the owner.

(e)

Compliance with conditions.

(1)

Any person who establishes a development or commences a use and/or development on a property that has been the subject of a conditional rezoning shall continuously operate and maintain the use and/or development in compliance with all of the conditions set forth in the conditional rezoning agreement. Any failure to comply with a condition stipulated in the conditional rezoning agreement shall constitute a violation of this chapter and be punishable accordingly. Additionally, any such violation shall be deemed a nuisance per se and subject to judicial abatement as provided by law.

(2)

No permit or approval shall be granted under this chapter for any use and/or development that is contrary to the conditional rezoning agreement.

(f)

Amendment to zoning map. Upon approval by the township board of a conditional rezoning request and a conditional rezoning agreement, the zoning map shall be amended to reflect a new zoning classification along with a relevant designation providing notice of the conditional rezoning agreement.

(g)

Time period for establishing the use and/or development. A use and/or development authorized by a conditional rezoning and conditional rezoning agreement shall be commenced upon the property within two (2) years from the effective date of the rezoning. A use and/or development of the property is defined as actual physical construction of a substantial nature of the approved building improvements which must have commenced and proceeded meaningfully toward completion in accordance with the necessary township approvals and permits. The two (2) year time limitation may, upon written request by the property owner prior to expiration, be extended by the township board if it is demonstrated to the board's reasonable satisfaction that there is a strong likelihood that the use and/or development will commence within the period of the extension and proceed diligently thereafter to completion and further that the board finds that there has not been a change in circumstances that would render the conditional rezoning and conditional rezoning agreement incompatible with other zoning districts and uses in the surrounding area or be inconsistent with sound planning and zoning policies.

(h)

Reversion of zoning. If the use and/or development approved as a conditional rezoning does not occur within the time frame specified in section 18-376(g) above, then the land shall revert to its former zoning classification as set forth in the Michigan Zoning Enabling Act, as amended. The reversion process shall be initiated by the township board requesting that the planning commission proceed with consideration of rezoning of the property to its former zoning classification. The procedure for considering and making this reversionary rezoning shall thereafter be the same as applies to all other rezoning requests.

(i)

Subsequent rezoning of property. When property that is rezoned as a conditional rezoning with a conditional rezoning agreement is thereafter rezoned to a different zoning classification or to the same zoning classification but with a different or no conditional rezoning agreement, whether as a result of a reversion of zoning pursuant to section 18-376(h) above or otherwise, the conditional rezoning agreement imposed under the former zoning classification shall cease to be in effect.

(j)

Amendment of conditions.

(1)

During the two (2) year period for commencement of an approved use and/or development pursuant to section 18-376(g) above, or during any extension thereof granted by the township board, the township shall not add to or alter the conditions in the conditional rezoning agreement.

(2)

The conditional rezoning agreement may be amended thereafter in the same manner as was prescribed for the original rezoning and conditional rezoning agreement.

(k)

Recordation. A conditional rezoning approval shall not become effective until the conditional rezoning agreement is recorded with the Monroe County Register of Deeds and a certified copy of the agreement is recorded with the township clerk.

(l)

Township right to rezone. Nothing in the conditional rezoning agreement or in the provisions of this section shall be deemed to prohibit the township board from rezoning all or any portion of a property that is subject to a conditional rezoning agreement to another zoning classification.

(m)

Failure to offer conditions. The township board shall not require an owner to offer conditions as a requirement for rezoning. The lack of an offer of conditions shall not affect an owner's rights under this chapter.

(Ord. No. 01-20, § 18.377, 2-10-20)

In certain instances, it may be in the best interest of the township, its residents and property owners to establish a temporary ban on development as it may either protect the public at large by providing for proper regulation of a use or it may provide a lesser risk that individual landowners will be singled out to bear a special burden that should be shared by the public as a whole. Such instances might be where there is a use proposed which has not been regulated previously, a use which has been overdeveloped, an issue with the critical infrastructure necessary to develop certain uses or other justifiable and articulable criteria which advance a legitimate public interest.

With that purpose in mind, upon making certain findings, the township board shall have the authority to establish and implement moratoria. A moratorium shall only be established by the township board when a determination is made that such action:

(1)

Is necessary to protect the public health, safety, and welfare;

(2)

Advances a legitimate public interest;

(3)

Represents diligence and good faith;

(4)

Is being applied uniformly and fairly; and

(5)

Will not deprive a property owner of all reasonable use for an unreasonable time in light of the issues at hand.

Such determination of the board shall be supported by findings of fact set forth in the public record. A moratorium shall be set for the least period of time necessary to address the matter and in any event shall not be set for a period of more than six (6) months initially. If supported by subsequent findings of facts and a showing of due diligence and not delay, additional extensions of the moratorium may be provided for by the township board. Any such moratoria shall be established by adoption of an ordinance or an amendment thereto.

(Ord. No. 03-21, § 2, 8-23-21)