The provisions of this article shall be enforced by the enforcement officer, who shall be appointed by the township board.

(Ord. of 3-17-2008, § 3.01)

The enforcement officer (also referred to as the director of planning and building or his authorized representative) shall have the power to grant zoning compliance and occupancy permits and to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter. It shall be unlawful for the enforcement officer to approve any plans or issue a building permit for any excavation or construction until such plans have been found to be in conformity with this chapter. To this end, the director of planning and building shall require that every application for a permit for excavation, construction, moving, or alteration or change in type of use or the type of occupancy, be accompanied by written statement and plans or plats drawn to scale, in triplicate, and showing the following, in sufficient detail, to ascertain whether the proposed work or use is in conformance with this chapter.

(1)

The actual shape, location, and dimensions of the lot.

(2)

The shape, size, and location of all buildings or other structures to be erected, altered, or moved, and of any buildings or other structures already on the lot.

(3)

The existing and intended use of the lot and of all such structures upon it, including, in residential areas, the number of dwelling units the building is intended to accommodate.

(4)

The signature of the fee holder of the premises concerned.

(5)

Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being observed.

(6)

If the proposed excavation, construction, moving, or alteration of use of land as set forth in the application are in conformity with the provisions of this chapter, the director of planning and building shall issue a permit. If any application for such permit is not approved, the director of planning and building shall state in writing on the application, the cause for such disapproval. Issuance of a permit shall in no case be construed as waiving any provisions of this chapter and a permit issued contrary to the terms of this chapter shall be void.

(7)

The director of planning and building under no circumstances is permitted to grant exceptions to the actual meaning of any clause, order, or regulation contained in this chapter to any person making application to excavate, construct, remove, alter, or use either buildings, structures or land within the township.

(Ord. of 3-17-2008, § 3.02)

The following shall apply in the issuance of any permit:

(1)

Permit required. It shall be unlawful for any person to commence excavation for, construction of any building or structure, structural changes, or repairs in any existing building or structure, or moving of an existing building, without first obtaining a building permit from the director of planning and building. No permit shall be issued for construction, alteration or remodeling of any building or structure until an application has been submitted in accordance with the provisions of this chapter showing that the construction proposed is in compliance with the provisions of this chapter and with the state construction code, and with other applicable codes and ordinances.

a.

No plumbing, electrical, drainage or other permit shall be issued until the director of planning and building has determined that the plans and designated use indicate that the structure and premises, if constructed as planned and proposed, will conform to the provisions of this chapter.

b.

Alteration or repair of an existing building or structure, shall include any changes in structural member, stairways, basic construction type, kind or class of occupancy, light or ventilation, means of ingress and egress, or any other changes affecting or regulated by the state construction code, or this chapter, except for minor repairs or changes not involving any of the aforesaid provisions.

(2)

Permits for new use of land. A permit shall also be obtained for the new use of land, whether the land is presently vacant or a change in land use is proposed.

(3)

Permits for new use of buildings or structures. A permit shall also be obtained for any change in use of an existing building or structure to a different class or type.

(4)

Single-family construction or additions; potential multiple use; restrictive covenant. In those instances where the director of planning and building determines that because of the nature of the floor plan and construction of a single-family home or an addition to a single-family home, there is a significant potential for multiple use of a property zoned for single-family use, the director may require that the owners of record of the subject property sign a restrictive covenant on a form as developed by the director. The purpose of such covenant shall be to make clear the zoning limitation with regard to the property. The cost of recording such covenant shall be paid by the applicant.

If it should appear to the director of planning and building that the proposed construction or addition in fact creates a multiple use either by virtue of its size or the division of space within the structure, the director of planning and building shall deny the application.

(Ord. of 3-17-2008, § 3.03)

It shall be unlawful to use or permit the use of any land, building, or structure for which a building permit is required, and to use or permit to be used any building or structure hereafter altered, extended, erected, repaired or moved, until the director of planning and building shall have issued a certificate of occupancy stating that the provisions of this chapter have been complied with.

(1)

Certificate of occupancy. The certificate of occupancy, is required for occupancy or use of new construction or of renovations to existing buildings and structures as approved by the state construction code.

(2)

Records of certificates. A record of all certificates of occupancy shall be kept in the office of the director of planning and building, and copies of such certificates of occupancy shall be furnished upon request to a person having a proprietary or tenancy interest in the property involved.

(3)

Certificate for accessory buildings to dwellings. Accessory buildings or structures to dwellings shall not require a separate certificate of occupancy, but rather, may be included in the certificate of occupancy for the principal dwelling, building or structure on the same lot when such accessory buildings or structures are completed at the same time as the principal use.

(4)

Certificates for parts of buildings. The director of planning and building shall, upon request, issue a certificate of occupancy for a part of a building or structure prior to the completion of the entire building or structure if the director of planning and building shall determine that the occupancy or use of the completed part shall not materially interfere with or be interfered or endangered by the completion of the remainder of the building or structure and that the remainder of the building or structure can reasonably be completed within one year from the issuance of the certificate of occupancy for the part and if the person to whom the building permit shall have been issued shall certify that the remainder of the building or structure shall be completed within one year. If, after the issuance of such certificate of occupancy for a portion of a building or structure, the director of planning and building shall determine that the conditions for issuance of such permit no longer subsist or that the building or structure cannot or will not be completed within the time specified above, the director of planning and building shall revoke such certificate of occupancy and the person to whom such revoked permit shall have been issued shall, forthwith upon receipt of notice of such revocation, terminate and abandon or cause the termination or abandonment of such occupancy or use.

(5)

Application for certificates of occupancy. Any person applying for a building permit shall, at the same time, apply to the director of planning and building in writing for a certificate of occupancy. It shall be the duty of such person to notify the director of planning and building upon completion of the building or structure. The director of planning and building shall, within five business days after actual receipt of such notification, inspect such building or structure, and, if he shall determine that the building or structure, or part thereof, or the proposed use of the premises is in conformity with this and other applicable ordinances and laws, the director of planning and building shall forthwith issue a certificate of occupancy therefor. If the director of planning and building shall determine that a violation exists, he shall not issue a certificate of occupancy and shall forthwith notify the applicant of such refusal and the cause therefor.

(6)

Certificates for commercial and industrial uses. In all cases where the certificate of occupancy is for a commercial or industrial use, the inspection, as set in subsection (5) of this section, shall be conducted by the director of planning and building.

(Ord. of 3-17-2008, § 3.04)

(a)

Fees shall be assessed and collected in advance of the issuance of permits and the commencement of the work on a project for the purpose of covering the cost of administering the file, inspecting the work and reproducing copies therein as required under the provisions of this chapter. These fees may be set by a resolution of the township board from time to time.

(b)

A deposit of funds shall be placed in escrow with the planning and building department for the inspection of all site improvements and related reports and recommendations by the township engineer, township planning consultant and/or other designee as may be required to assist in the certification process. The amount of escrow deposit shall be set by a resolution of the township board from time to time and any unused portion of an escrow account shall be refunded to the applicant upon issuance of a final certificate of occupancy.

(c)

Bond requirements.

(1)

Site improvements.

a.

Site preparation activities, including without limitation excavations, tree removal, land balancing, top-soil removal, septic installation are prohibited prior to the issuance of all applicable construction permits, and compliance with the bond requirements of this section.

b.

If all site improvements are not completed prior to the request for a certificate of occupancy, the director of planning and building may issue a temporary certificate of occupancy provided the applicant has filed a site improvement bond, with the township building department or clerk, ensuring completion of site improvements as identified by the director of planning and building. The site improvement bond shall be a cash bond in the form of a cash deposit, certified check or irrevocable bank/title company letter of credit payable to township, or a surety bond acceptable to township, equal to 125 percent of the estimated costs of the incomplete site improvements as determined by the director of planning and building and/or his designated representative.

(2)

Building construction bond. Prior to the issuance of a building permit, the applicant shall file with the township building department or clerk, a cash bond in the form of a cash deposit, certified check or an irrevocable bank or title company letter of credit made out to township or a surety bond acceptable to township, assuring completion of the construction phase of the project.

(3)

Private road improvement bond. On any project which requires construction modification or improvement of a private road, no building permit shall be issued until the applicant files with the township building department or clerk, a cash bond in the form of a cash deposit, certified check or an irrevocable bank/title company letter of credit payable to township, or a surety bond acceptable to township in an amount equal to 125 percent of the estimated cost of the completion of the private road as determined by the township's construction engineers.

(4)

Release of bond. A building permit bond, site improvement bond or private road bond shall not be released until the requirements of the bond have been met and all improvements and/or corrections to work installed incorrectly are complete in accordance with all of the codes and ordinances of the township, provided; however, monies deposited in the form of a cash deposit or a irrevocable bank/title company letter of credit may be released in proportion to a percentage of the work completed as certified by the director of planning and building and approved by township board. Up to 15 percent of any bond may be held for six months after completion of all work covered to apply on any defects that appear after completion.

(5)

Waiver of bond on single lot residential construction. The director of planning and building may waive or modify bond requirements for construction of a single-family dwelling on any single parcel.

(Ord. of 3-17-2008, § 3.05)

(a)

Any person or anyone acting on behalf said person who should violate the provisions of this chapter, or who fails to comply with the regulatory measures or conditions adopted by the board of appeals, planning commission or the township board, shall be responsible for a municipal civil infraction.

(b)

Uses of land, and dwellings, buildings, or structures, including tents, trailer coaches and mobile homes, used, erected, altered, raised, or converted in violation of any provision of this chapter are hereby declared to be a nuisance per se. The court may, in addition to the remedies provided in subsection (a) of this section, order such nuisance abated and the owner and/or agent in charge of such dwelling, building, structure, tent, trailer coach, mobile home, or land may be adjudged guilty of maintaining a nuisance per se.

(Ord. of 3-17-2008, § 3.06)

All requirements for a public hearing shall comply with the Michigan zoning enabling act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(Ord. of 3-17-2008, § 14.01)

The intent of this division is to require site plan review and to provide for consultation and cooperation between the developer and the township so as to realize maximum utilization of land and minimum adverse effects upon the surrounding land uses. Through application of these provisions, compliance with this chapter and the master plan of the township will be assured, and the township will develop in an orderly fashion consistent with public health, safety, and welfare.

(Ord. of 3-17-2008, § 7.01)

(a)

Preliminary site plans shall be required for all special land uses as set forth in division 3 of this article. An applicant may also elect to submit a preliminary site plan as an optional step to obtain feedback on a proposed development. A preliminary site plan shall meet all of the criteria and standards set forth in section 46-67.

(b)

Final site plan review and approval as set forth in section 46-68 is required for all proposed uses and structures (including parking lots) within the township, except for one-family detached dwellings and agricultural uses. Site plan review and approval shall also be required for all site condominium projects, as set forth in section 46-248.

(c)

Final site plan review and approval as set forth in section 46-68 is required for existing principal or accessory structures or uses (including parking lots) where an alteration, addition, expansion, change or conversion:

(1)

Constitutes an increase to the existing structure or use of 1,000 or more square feet or ten percent, whichever is less; or

(2)

Would require a variance from the provisions of this chapter, regardless of its size.

(Ord. of 3-17-2008, § 7.02)

(a)

A preliminary site plan is a generalized site plan required to be submitted for review of special land uses by the township planning commission. An applicant may also elect to submit a preliminary site plan as an optional step in the overall site plan review process to obtain feedback on a proposed development. The purpose of such preliminary review is to confirm compliance with township standards, policies and relationship to the master plan, as well as to suggest changes necessary, if any, for the final site plan approval.

(b)

Applicants shall file a preliminary site plan in conjunction with a special land use application, as set forth in section 46-108.

(c)

Information required for review. Every preliminary site plan submitted to the planning commission shall include the following information:

(1)

The description, location, size and shape of the property involved.

(2)

The shape, size and location of existing and proposed buildings, parking areas and service drives, loading zones, location of existing and proposed public streets serving the property, and natural features including topography and soils.

(3)

The location of all existing and proposed water and sewage treatment systems serving the property.

(4)

Any other information deemed necessary to properly illustrate the development concept to the planning commission.

(d)

The planning commission shall review the preliminary site plan to determine if a conditional land use may be approved, and/or if the overall development concept of an optional preliminary site plan is acceptable.

(e)

Approval of the special land use and preliminary site plan by the planning commission shall constitute approval of the special use but shall vest no rights in the applicant regarding approval of the final site plan inasmuch as the specific details of a site plan prepared in accordance with section 46-68 serve as the basis for determining that all township standards have been met.

(Ord. of 3-17-2008, § 7.03)

(a)

All final site plans shall be submitted to the director of building and planning at least 21 days prior to the next scheduled meeting of the planning commission and must contain the following:

(1)

A completed application signed by the owner; if the owner is a corporation, the application must be signed by a corporate office; if the owner is a partnership, the application must be signed by a general partner; if the owner is an individual or individuals, each individual owner must sign the application.

(2)

Sufficient copies, as determined by the director of building and planning, of the site plan meeting all informational requirements set forth in section 46-70. Incomplete plans will not be accepted.

(3)

All items as required by section 46-70 shown on the site plan.

(4)

Required fees.

(5)

Upon receipt of a complete application and site plan, the director of building and planning shall place review of the site plan on the next planning commission agenda.

(6)

The township may refer the site plan to the township planner and engineer for review as well as other applicable outside agencies.

(b)

Planning commission review. The planning commission will consider the application and take one of the following actions:

(1)

Approval. Upon finding that the application and final site plan meet the criteria of site plan review in section 46-69, the planning commission shall recommend approval.

(2)

Approval with minor revisions. Upon finding that the application and final site plan meet the criteria of site plan review in section 46-69, except for minor revisions which can be made and confirmed without further technical review, the planning commission may recommend approval, conditioned upon said revisions being made and reviewed by appropriate township staff and/or consultants.

(3)

Tabling. Upon finding that the application and final site plan do not, but could, meet the criteria of site plan review in section 46-69 upon the making of revisions, confirmation of which requires further technical review, the planning commission may table its recommendation until the revised plan is resubmitted to the planning commission.

(4)

Denial. Upon finding that the application and final site plan do not meet one or more of the criteria of site plan review in section 46-69 and that revisions necessary to meet said criteria are so extensive as to require the preparation of a new site plan, the planning commission shall recommend denial.

(Ord. of 3-17-2008, § 7.04)

The site plan shall be reviewed and approved upon a finding that the following conditions are met:

(1)

The proposed use will not be injurious to the surrounding neighborhood.

(2)

There is a proper relationship between major thoroughfares and proposed service drives, driveways and parking areas and provisions have been made for acceleration, deceleration and passing lanes or approaches so as to preserve the safety and convenience of pedestrian and vehicular traffic.

(3)

The location of buildings, outside storage receptacles, parking areas, screen walls and utility areas is such that the adverse effects of such uses will be minimized for the occupants of that use and surrounding areas.

(4)

It provides for proper development of roads, easements and public utilities and protects the general health, safety, welfare and character of the township.

(5)

It meets the requirements and standards for grading and surface drainage and for the design and construction of storm sewers, stormwater facilities, parking lots, driveways, water mains, sanitary sewers and for acceleration, deceleration and passing lanes or approaches as determined by the township engineers and as set forth in any township design and construction standards, which may be established.

(6)

Proper access to all portions of the site and all sides of any structure is provided. All structures or groups of structures shall be so arranged as to permit emergency vehicle access by some practical means to all sides. Site features such as, but not limited to, trees and other plant materials, fences, retaining walls, berms, outdoor furniture, outdoor structures, and natural and artificial water bodies shall be arranged to permit adequate emergency vehicle access.

(7)

Natural resources will be preserved to the maximum extent possible in the site design by developing in a manner which will not detrimentally affect or destroy natural features such as lakes, ponds, streams, wetlands, steep slopes, groundwater and woodlands.

(8)

The proposed development respects the natural topography to the maximum extent possible by minimizing the amount of cutting, filling and grading required.

(9)

The proposed development will not cause soil erosion or sedimentation.

(10)

Stormwater management systems and facilities will preserve the natural drainage characteristics and enhance the aesthetics of the site to the maximum extent possible, and will not substantially reduce or increase the natural retention or storage capacity of any wetland, water body or watercourse, or cause alterations which could increase flooding or water pollution on- or off-site.

(11)

Wastewater treatment systems, including on-site septic systems, will be located and designed to minimize any potential degradation of surface water or groundwater quality.

(12)

Site which include storage of hazardous materials or waste, fuels, salt, or chemicals will be designed to prevent spills and discharges of polluting materials to the surface of the ground, groundwater or nearby water bodies.

(13)

The location of buildings, parking, drives, landscaping and other improvements on the site is appropriate and consistent with good design standards for the lot size, shape and general location.

(14)

Landscaping, including grass, trees, shrubs and other vegetation is provided to maintain and improve the aesthetic quality of the site and area.

(15)

The proposed use is in compliance with all township ordinances and any other applicable laws.

(Ord. of 3-17-2008, § 7.05)

Final site plans shall consist of an overall plan for the entire development. Sheet size shall be at least 24 inches by 36 inches with plan view drawn to a scale of one inch equals 50 feet for property less than three acres or one inch equals 100 feet for property three or more acres. A final site plan submitted for review and approval shall contain all of the following data prior to its submission to the planning commission for review:

(1)

General Information.

a.

Proprietors', applicants, and owners' names, addresses, and telephone numbers.

b.

Date (month, day, year), including revisions.

c.

Title block.

d.

Scale.

e.

North point.

f.

Location map drawn at a scale of one inch equals 2,000 feet with north point indicated.

g.

Architect, engineer, surveyor, landscape architect, or planner's seal.

h.

Existing lot lines, building lines, structures, parking areas, etc., within the site, and within 100 feet of the site.

i.

Proposed lot lines, property lines and all structures, parking areas, etc. within the site, and within 100 feet of the site.

j.

Centerline and existing and proposed right-of-way lines of any street.

k.

Zoning classification of petitioner's parcel and all abutting parcels.

l.

Gross acreage figure.

m.

Proximity to major thoroughfares and section corners.

(2)

Physical features.

a.

Acceleration, deceleration and passing lanes and approaches.

b.

Proposed locations and dimensions of access drives, street intersections, driveway locations, sidewalks, bike paths, curbing and areas for public use.

c.

Location of existing and proposed service facilities above and below ground, including:

1.

Well sites.

2.

Septic systems and other wastewater treatment systems. The location of the septic tank and the drainfield (soil absorption system) should be clearly identified.

3.

Chemical and fuel storage tanks and containers.

4.

Storage, loading, and disposal areas for chemicals, hazardous substances, salt and fuels.

5.

Water mains, hydrants, pump houses, standpipes and building services and sizes, where applicable.

6.

Sanitary sewers and pumping stations, where applicable.

7.

Stormwater control facilities and structures including storm sewers, swales, retention and detention basins, drainageways, and other facilities, including calculations for sizes.

8.

Location and dimension of all easements.

d.

Location and dimensions of all existing and proposed structures with dimensioned floor plans, setback and yard dimensions, and typical elevation views.

e.

Dimensioned parking spaces and calculations, drives and method of surfacing.

f.

Exterior lighting locations and illumination patterns.

g.

Location and description of all existing and proposed landscaping, berms, fencing and walls.

h.

Trash receptacle and transformer pad location and method of screening.

i.

Dedicated road or service drive locations.

j.

Entrance details including sign locations and size.

k.

Designation of fire lanes.

l.

Any other pertinent physical features.

(3)

Natural features.

a.

Soil characteristics of the parcel to at least the detail provided by the U.S. Soil Conservation Service "Soil Survey of Jackson County, Michigan," 1981.

b.

Existing topography with a maximum contour interval of two feet, both on the site and beyond the site for a distance of 100 feet in all directions. Grading plan, showing finished contours so as to clearly indicate required cutting, filling ad grading.

c.

Location of existing drainage courses and associated bodies of water, on- and off-site, and their elevations.

d.

Location of existing wetlands.

e.

Location of natural resource features, including woodlands and areas with slopes greater than ten percent (one foot of vertical elevation for every ten feet of horizontal distance).

f.

An impact assessment pursuant to section 46-392.

(4)

Additional requirements for residential developments.

a.

Density calculations by type of unit by bedroom counts.

b.

Designation of units by type and number of units in each building.

c.

Carport locations and details where proposed.

d.

Specific amount and location of recreation spaces.

e.

Type of recreation facilities to be provided in recreation space.

f.

Details of community building and fencing of swimming pool if proposed.

(5)

Additional requirements for commercial and industrial developments.

a.

Loading/unloading areas.

b.

Total and usable floor area.

c.

Number of employees in peak usage.

(Ord. of 3-17-2008, § 7.06)

The planning commission shall note on a final site plan any action or recommendation regarding that plan and provide at least one copy of that plan together with any required written findings, conditions or reasons to the clerk. A copy of the planning commission minutes shall be sufficient to satisfy the requirement.

(Ord. of 3-17-2008, § 7.07)

After filing of the approved application and final site plan, satisfaction of any conditions of said approval and compliance with this chapter and other township ordinances, a building permit may be issued. All development and construction shall be in complete conformity with the site plan as approved, together with any conditions imposed.

(Ord. of 3-17-2008, § 7.08)

Final site plan approval is valid for a period of one year from the date of planning commission action within which time all necessary building or construction permits shall be secured and construction recommenced. The planning commission may grant an extension of site plan approval for up to one year. All requests for extensions shall be made in writing and include a statement of why the extension is necessary and confirmation of ability to complete construction in conformity with the final site plan as approved.

(Ord. of 3-17-2008, § 7.09)

The formulation and enactment of this chapter is based upon the division of the township into districts in which certain specified uses are permitted by right. In addition to permitted uses, there are certain other special uses which may be necessary or desirable to allow in certain locations but, due to their actual or potential impact on neighboring uses or public facilities, need to be carefully regulated.

(Ord. of 3-17-2008, § 8.01)

The township planning commission shall have the authority to grant special use permits, subject to such conditions of design and operation, safeguards and time limitation as it may determine for all conditional uses specified in the various provisions of this chapter.

(Ord. of 3-17-2008, § 8.02)

Application for a special use permit shall be made to the township office, along with the required information and the required fee. After receipt for filing, the director of building and planning shall transmit a copy of the application form and the required information as set forth in section 46-108 to the township planning commission.

(Ord. of 3-17-2008, § 8.03)

Following is the information required for:

(1)

The applicant's name, address, and telephone number.

(2)

The names and addresses of all owners of record and other parties of interest.

(3)

The applicant's interest in the property, and if the applicant is not the fee-simple owner, the owner's signed authorization for the application.

(4)

Recorded legal description, address, and tax parcel number of the property.

(5)

A scaled and accurate survey drawing, correlated with the recorded legal description, and showing all existing buildings, drives, and other improvements.

(6)

A detailed written description of the proposed use, addressing the standards set forth in section 46-112.

(7)

A preliminary site plan, meeting the requirements as set forth in section 46-67 herein.

(Ord. of 3-17-2008, § 8.04)

The planning commission shall hold a public hearing on an application for a conditional use permit within 65 days of the filing date. A public hearing shall be held in accordance with section 46-38.

(Ord. of 3-17-2008, § 8.05)

The planning commission shall review the application for a special use permit in reference to the standards and findings required herein and in relation to the information provided at the public hearing. The planning commission may require additional information it deems necessary to make a decision. The planning commission shall approve, approve with conditions or deny the application for a special use permit. The planning commission's decision, the basis for the decision, and all conditions imposed, shall be included in the minutes of the meeting and shall be made a part of the record of the meeting at which action is taken.

(Ord. of 3-17-2008, § 8.06)

(a)

The planning commission shall review the particular circumstances and facts of each proposed use in terms of the following standards and required findings, and shall incorporate a statement of findings and conclusions showing that such a use on the proposed site, lot or parcel meets the following standards:

(1)

Will be harmonious, and in accordance, with the objectives and regulations of this chapter.

(2)

Will be compatible with the natural environmental and existing land uses in the vicinity.

(3)

That the proposed use will be served adequately by essential public facilities and services, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service.

(4)

That the proposed use will not be detrimental, hazardous, or disturbing to the existing or future neighboring uses, persons, property or the public welfare.

(5)

That the proposed use will not create additional requirements at public cost for public facilities and services that will be detrimental to the economic welfare of the community.

(6)

Will be compatible with the township's adopted Master Plan.

(b)

If the facts do not establish that the findings and standards set forth in this chapter will apply to the proposed use, the planning commission shall not grant a conditional use permit and shall incorporate a statement of findings and conclusions relative to the special land use.

(c)

No application for a conditional use permit which has been denied as a whole or in part by the township board shall be resubmitted for a period of 365 days from the date of such denial, except on grounds of new evidence or proof of changed conditions as determined by the director of planning and building.

(Ord. of 3-17-2008, § 8.07)

In granting a conditional use permit, the planning commission may impose conditions it deems necessary to achieve the objectives and standards of this chapter, the standards of the Michigan Zoning Enabling Act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.), and the public health, safety and welfare of township. Failure to comply with any such conditions shall be considered a violation of this chapter. An approved conditional use permit, including all attached conditions, shall run with the parcel in the approval and shall be binding upon all successors and assigns.

(Ord. of 3-17-2008, § 8.08)

There is hereby established a zoning board of appeals, which 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.), in such a way that the objectives of this chapter shall be observed, public safety secured, and substantial justice done.

(Ord. of 3-17-2008, § 16.01)

(a)

All meetings of the zoning board of appeals shall be held at the call of the chairman, and at such times as its rules of procedure may specify. All meetings of the zoning board of appeals shall be open to the public. The zoning board of appeals shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and shall keep records of its findings, proceedings at hearings and other official actions, all of which shall be immediately filed in the office of township clerk and shall be a public record.

(b)

The zoning board of appeals shall have the power to 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.

(Ord. of 3-17-2008, § 16.02)

(a)

A claim for a zoning appeal is received by the zoning administrator. Appeals can be filed by:

(1)

A person aggrieved; or

(2)

An officer, department, board, or bureau of the state or local unit of government.

(b)

The appeals board shall have the authority to hear appeals concerning:

(1)

All questions that arise in the administration of this chapter, including interpretation of the zoning map.

(2)

All administrative orders, requirements, decision or determinations made by an administrative official charged with enforcement of this chapter can be appealed.

(3)

All decisions of the zoning administrator.

(4)

The zoning board of appeals shall have no authority to grant use variances or to appeal decisions made by the planning commission or township board.

(c)

Upon receipt of a demand for appeal, the administrator will review the demand for appeal to ensure it is complete and the fee is paid.

(1)

If the application is not complete, the administrator will return the application to the applicant with a letter that specifies the additional material requested.

(2)

If the application is complete, the administrator and chairman of the appeals board shall establish a date to hold a hearing on the appeal.

(d)

The appeal stays all proceedings in furtherance of the action appealed, unless the body or officer from whom the appeal is taken certifies to the zoning board of appeals that by reason of facts stated in the certificate, a stay would in the opinion of the body or officer cause imminent peril of life or property, in which case proceedings may be stayed by a restraining order issued by the zoning board of appeals or a circuit court.

(e)

The notices shall be given not less than 15 days before the date of the hearing on a proposed zoning amendment pursuant to section 46-38.

(f)

The appeals board shall hold a hearing on the demand for appeal.

(1)

Representation at hearing. Upon the hearing, any party or parties may appear in person or by agent or by attorney.

(2)

Standards for variance decision by the appeals board. The appeals board shall base its decisions on variances from the strict requirements of this chapter so that the spirit of this chapter is derived is observed, public safety secured, and substantial justice done based on the following standards:

a.

For dimensional variances. A dimensional variance may be granted by the zoning board of appeals only in cases where the applicant demonstrates in the official record of the public hearing that practical difficulty exists by showing all of the following:

1.

That the need for the requested variance is due to unique circumstances or physical conditions of the property involved, such as narrowness, shallowness, shape, water, or topography and is not due to the applicants personal or economic difficulty.

2.

That the need for the requested variance is not the result of the property owner or previous property owners (self created) based upon current regulations.

3.

That strict compliance with regulations governing area, setback, frontage, height, bulk, density or other dimensional requirements will unreasonably prevent the property owner from using the property for a permitted purpose, or will render conformity with those regulations unnecessarily burdensome.

4.

That the requested variance will not cause an adverse impact on surrounding property, property values, or the use and enjoyment of property in the neighborhood or zoning district.

b.

For use variances. Under no circumstances shall the appeals board grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.

(g)

If the demand for appeal is for a variance, the appeals board shall either grant, grant with conditions, or deny the application. The appeals board may reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination and may issue or direct the issuance of a permit. A majority vote of the membership of the appeals board is necessary to grant a variance and rule on an interpretation of the chapter. The decision shall be in writing and reflect the reasons for the decision. At a minimum, the record of the decision shall include:

(1)

Formal determination of the facts.

(2)

The conclusion derived from the facts (reason for the decision).

(3)

The decision. Any persons having an interest affected by such decision shall have a right to appeal circuit court within 30 days after the zoning board of appeals approves the minutes of its decision, as provided by law.

(Ord. of 3-17-2008, § 16.03)

The township board, may from time to time, amend, modify, supplement, or revise the district boundaries or the provisions and regulations of this chapter. Amendments may be initiated by the township board, the township planning commission, by petition of one or more property owners of the township, or by one or more persons acting on behalf of a property owner of the township. All proposed amendments shall be referred to the township planning commission for review, public hearing, and recommendation before action may be taken thereon by the township board.

(Ord. of 3-17-2008, § 17.01)

The township board shall establish, by resolution, fees for zoning amendment petitions. Such fee shall be paid in full at the time of application and no part of such fee shall be returnable to the petitioner. Fees shall not be required for amendments proposed or requested by any government agency or body.

(Ord. of 3-17-2008, § 17.02)

(a)

The procedure for amending this chapter shall be in accordance with Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(b)

Application for amendment shall be made by submitting the application, along with required information and the required fee, to the township clerk's office. After receipt of filing, the clerk shall establish a date for a public hearing on the application in accordance with section 46-37.

(Ord. of 3-17-2008, § 17.03; Ord. No. 157-14, 4-7-2014)

(a)

If an application proposes an amendment to the official zoning map, the petitioner shall submit the following information:

(1)

A legal description of the property, including a street address and tax code number.

(2)

A scaled map of the property, correlated with the legal description, and clearly showing the property's location.

(3)

The name and address of the petitioner, the record owner, and all other parties claiming an interest in said property.

(4)

The petitioner's interest in the property. If the petitioner is not the owner of record, the name and address of the owner of record, and other interested parties signed consent to the petition. The consent of mortgagees, liens, and similar such parties shall not be required.

(5)

Signature of petition and owner certifying the accuracy of the information.

(6)

Identification of the zoning district requested and the existing zoning classification of property.

(7)

A vicinity map showing the location of the property, and adjacent land uses and zoning districts.

(b)

If a petition involves a change in the text of this chapter, the petitioner shall submit the following information:

(1)

A detailed statement of the proposed amendment, clearly and completely setting forth all proposed provisions and regulations, including all changes in this chapter necessary to accommodate the proposed amendment.

(2)

Name and address of the petitioner.

(3)

Reasons for the proposed amendment.

(Ord. of 3-17-2008, § 17.04)

(a)

In reviewing any petition for a zoning amendment, the planning commission shall evaluate all factors relevant to the petition and shall make its recommendations for disposition of the petition, to the township board within a period of 60 days from the date of the public hearing. The time limit may be extended by mutual written agreement between the planning commission and the applicant.

(b)

The factors to be considered by the planning commission may include, but shall not be limited to, the following:

(1)

Whether or not the requested zoning change is justified by a change in conditions since the original ordinance was adopted or by an error in the original ordinance.

(2)

The precedents and the possible effects of such precedents, which might result from approval or denial of the petition.

(3)

The capability of the township or other government agencies to provide any services, facilities, and/or programs that might be required if the petition were approved.

(4)

Effect of approval of the petition on the condition and/or value of property in the township or in adjacent jurisdictions.

(5)

Effect of approval of the petition on adopted development policies of the township and other government units.

(c)

All findings shall be made a part of the public records of the meetings of the planning commission and the township board.

(Ord. of 3-17-2008, § 17.05)

As an alternative to a rezoning amendment as described in section 46-164, the township may allow conditional rezoning to help ensure the proper use of land and natural resources and to allow for a more flexible approach to the rezoning process in accordance with Public Act No. 110 of 2006 (MCL 125.3101 et seq.). It is recognized that, in certain instances, it would be an advantage to both the township and petitioners seeking rezoning of land if a site plan, along with conditions and limitations that may be relied upon by the township, could be proposed as part of a petition for rezoning. Conditional rezoning of land must follow the standards and procedures as noted below.

(1)

The amendment procedure for a conditional rezoning shall follow the same procedures as a traditional rezoning amendment pursuant to section 46-166.

(2)

In addition to the procedures as noted in section 46-166, the following specific procedures, standards, and requirements apply to all proposed conditional rezoning requests.

a.

A conditional rezoning request must be voluntarily offered by an owner of land within the township. All offers must be made in writing and must provide the specific conditions to be considered by the township as a part of the rezoning request. All offers shall be in the form of a written agreement approvable by the township and property owner, incorporating the conditional rezoning site plan and setting forth any conditions and terms mutually agreed upon by the parties relative to the land for which the conditional rezoning is sought.

b.

Conditional rezoning shall not allow a use or activity that would not otherwise be allowed in the proposed zoning district.

c.

Conditional rezoning shall not alter any of the various zoning requirements for the use in question, i.e. parking, landscaping, lot area, lot width, building height, setbacks, lot area coverage, etc. Conditional rezoning shall not grant zoning variances of any kind. Any zoning variance must follow the provisions of article XI of this chapter.

d.

Conditional rezoning shall not grant special land use approval. The process for review and approval of special land uses must follow the provisions of article II, division 3 of this chapter.

e.

All conditions offered by a landowner in relation to a rezoning request must have a direct relationship to the rezoning itself. The provisions to allow conditional rezoning shall not be construed to allow rezoning by extraction.

f.

In addition to the informational requirements provided for in section 46-167, the applicant must provide a conditional rezoning site plan prepared by a licensed professional allowed to prepare such plans under this chapter, that may show the location, size, height or other measures for and/or of building, structures, improvements and features on, and in some cases adjacent to, the property that is the subject of the conditional rezoning of land. The details to be offered or inclusion in the conditional rezoning site plan shall be determined by the applicant, subject to approval of the township. A conditional rezoning site plan shall not replace the requirement under this chapter for site plan review and approval, or subdivision or site condominium approval, as the case may be.

(3)

Time limits and reversions of land to previous district.

a.

If the proposed conditions of rezonings are acceptable to the township, the township may establish a time period during which the conditions apply to the property and must be met. If the conditions are not satisfied with in the time specified under this section, the property shall revert to its former zoning classification unless an extension is granted as noted below. Reversion of a property back to its former classification must follow the rezoning amendment provisions as provided in section 46-166.

b.

Unless a reversion of the zoning takes place as described in the action above, the approved conditional rezoning shall be binding upon the subject property owner, their heirs, successors, assigns, and transferees.

c.

Upon approval of conditional rezoning, a copy of the written agreement between the property owner and the township shall be filed with the county register of deeds, which shall act to provide notice to all subsequent owners of the property of the conditions approved and agreed to by the township and the owner.

d.

The township may not add to or alter any conditions approved as a part of a rezoning during the time period specified above.

e.

The time limits specified and approved by the township may be extended upon the application of the landowner and approval of the township.

(4)

Review procedures. The factors found in section 46-169 of this chapter must be considered in any conditional rezoning request.

(Ord. of 3-17-2008, § 17.06)

Any amendment to this chapter for the purpose of conforming a provision thereof to the decree of a court of competent jurisdiction shall be adopted by the township board and the amendment published without referring same to any other board agency.

(Ord. of 3-17-2008, § 17.07)

Following township board approval of a petition to amend this chapter, notice of the amendment shall be published within 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. of 3-17-2008, § 17.08)