The zoning ordinance previously adopted by the township on October 30, 2003, and all amendments thereto for each ordinance, are hereby repealed. The repeal of the above ordinance and its amendments does not affect or impair any act done, offense committed or right accruing, accrued, or acquired, or liability, penalty, forfeiture or punishment incurred prior to the time enforced, prosecuted or inflicted.

(Ord. of 2-1-2018, § 15.01)

(a)

In the interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience, or general welfare.

(b)

It is not intended by this chapter to repeal, abrogate, annul, or in any other way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this chapter, or of any private restrictions placed upon property by covenant, deed, or other private agreement; provided, however, that where any provision of this chapter imposes more stringent requirements, regulations, restrictions, or limitations upon the erection or use of land and buildings, or upon the height of buildings and structures, or upon safety and sanitary measures, or requires larger yards or open spaces than are imposed or required by the provisions of any other law or ordinance, or any other rules, regulations, permits, or easements, then the provisions of this chapter shall govern.

(c)

Nothing in this chapter should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein; and they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety, and welfare.

(Ord. of 2-1-2018, § 15.02)

(a)

All applications for amendments to the zoning ordinance and zoning map, shall be submitted to the zoning administrator at least 30 days prior to the first consideration by the planning commission.

(b)

Requests for amendments to the zoning ordinance may be initiated in writing by the owner of the property requested for rezoning, or his authorized representative. Requests may also be made by the township staff, planning commission or the township board through official action taken at a public meeting which has been properly noticed as required by law.

(c)

In the case of an amendment requested by a property owner or his authorized representative, the request shall include the following:

(1)

Completion of a zoning amendment application as provided by the zoning administrator. An application shall include:

a.

The name and address of the person making the request and all persons having a legal or equitable interest in any land which is requested to be rezoned.

b.

Property description.

c.

In the case of a text amendment, the specific section to be amended and the proposed text change.

d.

If a change in the zoning map is requested, the common address, legal description of the area requested for change, and present and proposed district classifications shall be provided. The applicant shall also indicate by a scaled map, the location of the property requested for rezoning.

e.

The nature of the amendment shall be fully described in writing.

f.

Payment of all fees as required by the township.

(2)

If, in the opinion of the zoning administrator, planning commission, or township board, the information submitted does not provide a clear delineation of the specific area to be rezoned, the zoning administrator, planning commission, or township board may require the applicant to submit a boundary survey of the property in question. The survey shall include a written legal description and drawing of the area to be rezoned. The boundary survey, including legal description and map, shall be completed by a land surveyor licensed by the state.

(Ord. of 2-1-2018, § 15.03)

(a)

After submission of the application and fee, amendments to this chapter shall be processed as provided in the Michigan Zoning Enabling Act.

(b)

The following guidelines shall be used by the planning commission, and may be used by the township board in consideration of amendments to the zoning ordinance:

(1)

Text amendment.

a.

The proposed text amendment would clarify the intent of the ordinance.

b.

The proposed text amendment would correct an error in the ordinance.

c.

The proposed text amendment would address changes to the state legislation, recent case law or opinions from the attorney general of the state.

d.

The proposed text amendment would promote compliance with changes in other township, county, state, or federal regulations.

e.

In the event the amendment will add a use to a district, that use shall be fully consistent with the character of the range of uses provided for within the district.

f.

The amendment shall not result create incompatible land uses within a zoning district, or between adjacent districts.

g.

The proposed text 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.

As applicable, the proposed change shall be consistent with the township's ability to provide adequate public facilities and services.

i.

The proposed change shall be consistent with the township's desire to protect the public health, safety, and welfare of the township.

(2)

Map amendment (rezoning). In making its recommendation to the township board, the planning commission shall consider the following criteria:

a.

Whether or not the proposed rezoning is consistent with the goals, policies and future land use map of the township master plan; or, if conditions have changed significantly since the master plan was adopted, the consistency with recent development trends in the area.

b.

Whether the proposed district and the uses allowed are compatible with the site's physical, geological, hydrological and other environmental features. The potential uses allowed in the proposed zoning district shall also be compatible with surrounding uses in terms of land suitability, impacts on the community, density, potential influence on property values and traffic impacts.

c.

Whether, if rezoned, the site is capable of accommodating the uses allowed, considering existing or planned infrastructure including roads, sanitary sewers, storm sewer, water, sidewalks, and road lighting.

d.

Other factors deemed appropriate by the planning commission.

(c)

Consideration of amendment by the township board. Upon receipt of a report and summary of hearing comments from the planning commission as provided for in the Michigan Zoning Enabling Act, the township board may modify the proposed amendment or adopt it as presented by the planning commission.

(Ord. of 2-1-2018, § 15.04)

(a)

Purpose. It is recognized that there are certain instances where it would be in the best interests of the township, as well as advantageous to property owners seeking a change in zoning boundaries, if certain conditions could be proposed by property owners as part of a request for a rezoning. It is the intent of this section to provide a process consistent with the provisions of section 405 of the Michigan Zoning Enabling Act (MCL 125.3405) 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)

An owner of land 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 rezoning request with conditions 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.

a.

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

b.

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

c.

Any use or development proposed as part of an offer of conditions that would require a special land use permit under the terms of this chapter may only be commenced if a special land use permit for such use or development is ultimately granted in accordance with the provisions of this chapter.

d.

Any use or development proposed as part of an offer of conditions that would require a variance under the terms of this chapter may only be commenced if a variance for such use or development is ultimately granted by the zoning board of appeals in accordance with the provisions of this chapter.

e.

Any use or development proposed as part of an offer of conditions that would require site plan approval under the terms of this chapter may only be commenced if site plan approval for such use or development is ultimately granted in accordance with the provisions of this chapter.

f.

The offer of conditions may be amended during the process of rezoning consideration, provided that any amended or additional conditions are entered voluntarily by the owner. An owner may withdraw all or part of its offer of conditions any time prior to final rezoning action of the township board, provided that if such withdrawal occurs subsequent to 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)

Planning commission review. The planning commission, after public hearing and consideration of the factors for rezoning, may recommend approval, approval with recommended changes or denial of the rezoning; provided, however, that any recommended changes to the offer of conditions are acceptable to and thereafter offered by the owner.

(d)

Township board review. After receipt of the planning commission's recommendation, the township board shall deliberate upon the requested rezoning and may approve or deny the conditional rezoning request. The township board's deliberations shall include, but not be limited to, a consideration of the factors for rezoning. Should the township board consider amendments to the proposed conditional rezoning advisable and if such contemplated amendments to the offer of conditions are acceptable to and thereafter offered by the owner, then the township board shall, in accordance with MCL 125.3401, refer such amendments to the planning commission for a report thereon within a time specified by the township board and proceed thereafter in accordance with said statute to deny or approve the conditional rezoning with or without amendments.

(e)

Approval.

(1)

If the township board finds the rezoning request and offer of conditions acceptable, the offered conditions shall be incorporated into a formal written statement of conditions acceptable to the owner and conforming in form to the provisions of this section. The statement of conditions shall be incorporated by attachment or otherwise as an inseparable part of the ordinance adopted by the township board to accomplish the requested rezoning.

(2)

The statement of conditions shall:

a.

Be in a form recordable with the register of deeds of the county or, in the alternative, be accompanied by a recordable affidavit or memorandum prepared and signed by the owner giving notice of the statement of conditions in a manner acceptable to the township board.

b.

Contain a legal description of the land to which it pertains.

c.

Contain a statement acknowledging that the statement of conditions runs with the land and is binding upon successor owners of the land.

d.

Incorporate by attachment or reference any diagram, plans or other documents submitted or approved by the owner that are necessary to illustrate the implementation of the statement of conditions. If any such documents are incorporated by reference, the reference shall specify where the document may be examined.

e.

Contain a statement acknowledging that the statement of conditions or an affidavit or memorandum giving notice thereof may be recorded by the township with the register of deeds of the county.

f.

Contain the notarized signatures of all of the owners of the subject land preceded by a statement attesting to the fact that they voluntarily offer and consent to the provisions contained within the statement of conditions.

(3)

Upon the rezoning taking effect, the zoning map shall be amended to reflect the new zoning classification along with a designation that the land was rezoned with a statement of conditions. The township clerk shall maintain a listing of all lands rezoned with a statement of conditions.

(4)

The approved statement of conditions or an affidavit or memorandum giving notice thereof shall be filed by the township with the register of deeds of the county. The township board shall have authority to waive this requirement if it determines that, given the nature of the conditions and/or the time frame within which the conditions are to be satisfied, the recording of such a document would be of no material benefit to the township or to any subsequent owner of the land.

(5)

Upon the rezoning taking effect, the use of the land so rezoned shall conform thereafter to all of the requirements regulating use and development within the new zoning district as modified by any more restrictive provisions contained in the statement of conditions.

(f)

Compliance with conditions.

(1)

Any person who establishes a development or commences a use upon land that has been rezoned with conditions shall continuously operate and maintain the development or use in compliance with all of the conditions set forth in the statement of conditions. Any failure to comply with a condition contained within the statement of conditions 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 or development that is contrary to an applicable statement of conditions.

(g)

Time period for establishing development or use. Unless another time period is specified in the ordinance rezoning the subject land, the approved development and/or use of the land pursuant to building and other required permits must be commenced upon the land within 18 months after the rezoning took effect and thereafter proceed diligently to completion. This time limitation may upon written request be extended by the township board if:

(1)

It is demonstrated to the township board's reasonable satisfaction that there is a strong likelihood that the development and/or use will commence within the period of extension and proceed diligently thereafter to completion; and

(2)

The township board finds that there has not been a change in circumstances that would render the current zoning with statement of conditions incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy.

(h)

Reversion of zoning. If approved development and/or use of the rezoned land does not occur within the time frame specified under subsection (g) of this section, then the land shall revert to its former zoning classification as set forth in MCL 125.3405 et seq. The reversion process shall be initiated by the township board requesting that the planning commission proceed with consideration of rezoning of the land 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 land. When land that is rezoned with a statement of conditions is thereafter rezoned to a different zoning classification or to the same zoning classification but with a different or no statement of conditions, whether as a result of a reversion of zoning pursuant to subsection (h) of this section or otherwise, the statement of conditions imposed under the former zoning classification shall cease to be in effect. Upon the owner's written request, the township clerk shall record with the register of deeds of the county in which the land is located a notice that the statement of conditions is no longer in effect.

(j)

Amendment of conditions.

(1)

During the time period for commencement of an approved development or use specified pursuant to subsection (g) of this section or during any extension thereof granted by the township board, the township shall not add to or alter the conditions in the statement of conditions.

(2)

The statement of conditions may be amended thereafter in the same manner as was prescribed for the original rezoning and statement of conditions.

(k)

Township right to rezone. Nothing in the statement of conditions nor in the provisions of this section shall be deemed to prohibit the township from rezoning all or any portion of land that is subject to a statement of conditions to another zoning classification. Any rezoning shall be conducted in compliance with this chapter and the Zoning Enabling Act (MCL 125.1301 et seq.).

(l)

Failure to offer conditions. The township 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. of 2-1-2018, § 15.05)

(a)

Violation. Any person who violates, disobeys, neglects or refuses to comply with any provision of this chapter, any administrative decision made under this chapter, or any permit or approval issued under the chapter, including any conditions imposed thereon, or who causes, allows, or consents to any of same, shall be deemed to be responsible for a violation of this chapter. Any person responsible for a violation of this chapter whether as an owner (by deed or land contract), lessee, licensee, agent, contractor, servant, employee, or otherwise, shall be liable as a principal. Each day that a violation exists shall constitute a separate offense.

(b)

Penalties; municipal civil infraction.

(1)

A violation of this chapter is a municipal civil infraction as defined by state statute and shall be punishable by a civil fine determined in accordance with the following schedule:

(2)

Additionally, the violator shall pay costs which may include all expenses, direct and indirect, which the township has incurred in connection with the municipal civil infraction. In no case, however, shall costs of less than $9.00 be ordered.

(c)

Remedial action. Any violation of this chapter shall constitute a basis for injunctive relief or other appropriate remedy in any court of competent jurisdiction to compel compliance with this chapter and enforce the provisions thereof.

(d)

Enforcement. The township zoning administrator, the township chapter enforcement officer, any county sheriff's deputy and any other individual township official that may from time to time be designated shall administer this chapter and are hereby authorized and empowered to investigate violations and to issue notices of violation and citations for violation of the same.

(e)

Duty of township board. The township board or their duly authorized representative, is hereby charged with the duty of enforcing this chapter and the township board are hereby empowered, in the name of the township, to commence and pursue any and all necessary and appropriate actions and/or proceedings in the circuit court of the county, or any other court having jurisdiction, to restrain and/or prevent any non-compliance with or violation of any of the provisions of this ordinance, and to correct, remedy and/or abate the non-compliance or violation. And it is further provided that any person aggrieved or adversely affected by this non-compliance or violation may institute suit and/or join the township board in the suit to abate the same.

(f)

Other remedies. The rights and remedies provided herein are cumulative and in addition to other remedies provided by law.

(Ord. of 2-1-2018, § 15.06)

Any building or structure which is erected, repaired, altered, or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of the ordinance from which this chapter is derived and in violation of any of the provisions thereof is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.

(Ord. of 2-1-2018, § 15.07)

(a)

Any application shall be accompanied by a fee, in an amount to be established by the township board by resolution. The application fee shall be for the purpose of payment for the administrative costs and services expended by the township in the implementation of this chapter and the processing of the application. No part of this fee shall be refundable.

(b)

A separate deposit may be collected from the applicant, as determined by the township board, and used to reimburse another party retained by the township to provide expert consultation and advice including, but not limited to, legal, planning, and engineering professionals regarding the application. The basis for the amount of the deposit must be based on a reasonable estimate to provide these services. Any unused portions of this fee shall be returned to the applicant after all costs have been received by the township. In addition to regularly established fees, the township board in its discretion may also require an applicant to submit to the township an amount of money determined by the township to be a reasonable estimate of the fees and costs which may incurred by the township in reviewing and acting upon any application or related matters. The estimated fee and costs shall be submitted prior to any township review of an application or request.

(c)

Any monies paid or deposited by an applicant which are not used or spent by the township shall be refunded to the applicant.

(Ord. of 2-1-2018, § 15.08)

(a)

The zoning administrator, planning commission, board of appeals, and township board are empowered to require a performance guarantee in the form of a bond, cashier's check, cash, letter of credit or other suitable negotiable security, in an amount equal to the estimated cost of improvements associated with the project that is the subject of the guarantee.

(b)

A performance guarantee shall be deposited with the township clerk at the time of the issuance of the permit by the township authorizing the activity or project to ensure faithful completion of the improvements indicated with the approved site plan. If the improvements are not completed, the security shall be forfeited, either in whole or in part.

(c)

The township shall rebate a proportional share of cash deposits only when requested by the depositor, based on the percent of improvements completed, as attested to by the depositor and verified by the zoning administrator.

(d)

In cases where the improvements indicated with the approved site plan have not been completed in accordance with the approval granted, the amount of the aforementioned performance guarantee may be used by the township to complete the required improvements. The balance, if any, shall be returned to the depositor.

(Ord. of 2-1-2018, § 15.09)

(a)

The township board shall, by resolution, establish fees for the administration of this chapter, including all proceedings and matters that may arise hereunder. A listing of current fees shall be available for review by the public during regular office hours at the township hall. The fees may be changed from time to time by resolution of the township board.

(b)

The applicant shall pay all applicable fees upon the filing of any application, proposed site plan, or any other request or application under this chapter for which a fee is required.

(c)

The township shall not charge fees or assess costs to the applicant for the time expended by township employees (except as authorized under appropriate provisions of the Freedom of Information Act) or for incidental costs and expenses, but may charge or assess the applicant for all other reasonable costs and expenses incurred by the township during and in connection with the review process and other related proceedings, whether or not the application is granted either in whole or in part.

(Ord. of 2-1-2018, § 15.10)

(a)

No dwelling, building or structure subject to the provisions of this chapter shall be erected, altered, enlarged or moved upon any lot or premises until a zoning permit has been issued by the zoning administrator in conformity with the provisions of this chapter. The permit shall be nontransferable and shall be good for one year with the right of renewal in the discretion of the zoning administrator upon proper application and must be granted before any work of excavation, construction, alteration, enlargement or movement is begun.

(b)

All applications for a zoning permit shall be submitted to the zoning administrator and shall be accompanied by a site plan as set forth in chapter 12 of this chapter.

(c)

For each zoning permit issued a fee shall be charged as set forth in section 24-488. No zoning permit shall be valid until the required fee has been paid. Zoning permits may be renewed for a second year at no cost when no significant changes of plans have occurred. When significant changes, if determined by the zoning administrator, have occurred, a new application for zoning permit and fee shall be required.

(d)

Nothing in this section shall be construed as to prohibit the applicant or their agent from preparing their own plans and specifications, provided the same are clear and legible and adhere to the required information as set forth in this chapter.

(e)

Permit revocation.

(1)

The zoning administrator shall have the authority to revoke or otherwise cancel any zoning permit issued in cases of failure and/or neglect to comply with any of the provisions of the chapter, conditions of approval, or in the case of false statement or misrepresentation made by the applicant.

(2)

Written notice of the revocation of cancellation of the zoning permit shall be provided by certified mail or personal delivery by the zoning administrator to the applicant or holder of the permit as soon as practicable, but in no case more than five days after the revoking or canceling of the permit.

(3)

The applicant or holder of the zoning permit shall have the right of appeal to the board of appeals in accordance with the provisions of section 24-454.

(f)

Accessory buildings when erected at the same time as the principal building on a lot and shown on the application thereof shall not require a separate zoning permit.

(g)

If construction on a building or structure is lawfully begun prior to adoption of the ordinance from which this chapter is derived, nothing in this chapter shall be deemed to require any changes in the planned or designed use of any building, provided that actual construction is being diligently carried on, and further, provided that the building shall be entirely completed for its planned or designed use within two years from February 1, 2018.

(Ord. of 2-1-2018, § 15.11)

(a)

Notice to owner. Upon notice from the zoning administrator that any use is being conducted or that any work on any building or structure is occurring that is contrary to the provisions of this chapter, the work or use shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, to the owner's agent, or to the person doing the work and shall state the conditions, if any, under which work or the use will be permitted to resume.

(b)

Unlawful continuance. Any person who shall continue to work in or about the structure, land or building, or use after having been served with a stop work order, except work that is directed to perform to remove a violation or correct an unsafe condition, shall be in violation of this chapter.

(Ord. of 2-1-2018, § 15.12)

If the zoning administrator in the performance of his duties under this chapter (or the planning commission, board of appeals, or township board pursuant to their zoning review and approval powers under this chapter) shall deem it necessary that a survey be done by a professional surveyor or engineer for property at issue (including a written drawing and stakes set on the property boundaries or corners) in order to ensure that all requirements of this chapter will be met, the survey and related information may be required by the township and shall be paid for and provided by the property owner or applicant and no building permit or other township permit shall be issued or approved until and unless the survey and related information has been provided to the township.

(Ord. of 2-1-2018, § 15.13)

(a)

The township board shall appoint a zoning administrator. A deputy zoning administrator, authorized to act during periods of absence of the zoning administrator, with the same powers as granted the zoning administrator, may be appointed by the township supervisor with the approval of the township board.

(b)

The zoning administrator and deputy shall not be members of the township board, planning commission, or board of appeals.

(c)

The zoning administrator and deputy shall be appointed for a term and subject to the conditions and at a rate of compensation as the township board determines.

(d)

The township board may instruct the zoning administrator in writing to initiate an enforcement action or other legal action as may be permitted by this chapter. The zoning administrator shall keep a record of every written complaint of a violation of any of the provisions of this chapter, and of the action taken consequent to each complaint. These records shall be a matter of public record.

(e)

Reports.

(1)

The zoning administrator shall prepare and file an annual report to the township board on the operation of the zoning ordinance including recommendations as to the enactment of any changes, amendments, or supplements to the zoning ordinance.

(2)

The zoning administrator shall issue to the township board a semiannual report on permits issued, variances issued, special use permits and complaint of violation and the action taken thereon.

(f)

Duties and responsibilities. The zoning administrator shall:

(1)

Administer the provisions of this chapter.

(2)

Be authorized to review applications for zoning permits as set forth in this chapter and to grant or deny these permits.

(3)

Shall ensure that complete files are kept regarding all administrative matters associated with this chapter.

(4)

Refer all matters that relate to the township board, planning commission, or board of appeals as set forth in this chapter.

(5)

Be empowered to make inspections of buildings or premises in order to properly administer and enforce this chapter.

(g)

Should the zoning administrator have a personal or financial interest in the use of land, or the construction of any dwelling, building or structure subject to the provisions of this chapter, the deputy zoning administrator shall examine the plans, inspect the dwelling, building or structure and issue the necessary permits, approvals and certificates.

(Ord. of 2-1-2018, § 15.14)