It is the purpose of this article to provide the procedures for the administration of this chapter, issuance of permits, inspection of properties, collection of fees, handling of violators, and enforcement of the provisions of this chapter and amendments thereto.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

Except when otherwise stated in this article, the provisions of this chapter shall be administered by the zoning administrator or by such deputies of his department as the village council may designate to administer the provisions of this chapter.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

(a)

The zoning administrator shall have the power to grant zoning compliance permits and certificates of occupancy 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 zoning administrator to approve plans or issue any permits or certificates of occupancy for any excavation or construction until he has inspected such plans in detail and found them to conform with this chapter, nor shall the zoning administrator vary or change the terms of this chapter.

(b)

If the zoning administrator shall find that any of the provisions of this chapter are being violated, he shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of any lot or structures; removal of illegal structures, or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

(c)

The zoning administrator shall submit to the planning commission and the village council quarterly reports fully explaining the type and nature of uses permitted by right; the nature and extent of violations of this chapter; and the type and nature of nonconforming uses, buildings and structures. The zoning administrator shall maintain a record of all zoning compliance permits and certificates of occupancy.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

(a)

No building or structure, or part thereof, shall hereafter be located, erected, constructed, reconstructed, altered, converted or enlarged or moved; nor shall any change be made in the use of any building, structure or land without a zoning compliance permit having been obtained from the zoning administrator for such building, structure or land. A zoning compliance application shall be filled out and submitted to the zoning administrator.

(b)

The zoning administrator shall require that all applications for zoning compliance permits shall be accompanied by plans and specifications including a plot plan in duplicate, drawn to scale, showing the following information:

(1)

The actual dimension and shape of the lot to be built upon;

(2)

The exact size and location of existing structures on the lot, if any; and

(3)

The location and dimensions of the proposed structure or alteration.

(c)

One copy of the plans shall be returned to the applicant by the zoning administrator after such copy has been approved or disapproved and attested to by the zoning administrator's signature on such copy. The zoning administrator shall retain the original copy, similarly marked, for his files. Whenever the buildings, structures and uses as set forth in the application are in conformity with the provisions of this chapter, the zoning administrator shall issue the applicant a zoning compliance permit within ten days of the filing of such application. Where action of the board of appeals or the planning commission is required in any case, as set forth in this chapter, the zoning administrator shall issue such permit promptly following such action.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

(a)

Issuance. No building or structure, or part thereof, shall be occupied by or for any use for which a zoning compliance permit is required by this chapter unless and until a certificate of occupancy shall have been issued for such use. The holder of a zoning compliance permit for the construction, erection or moving of any building, structure, or part thereof, for the establishment of a use, shall make application to the zoning administrator within five days after receipt of such application if it is found that the building or structure, or part thereof, is in accordance with the provisions of this chapter.

(b)

Voiding. Any certificate of occupancy granted under this chapter shall become null and void if such use, buildings or structure for which such certificate was issued are found by the zoning administrator to be in violation of this chapter. The zoning administrator, upon finding such violation, shall immediately notify the village council of such violation and void the certificate of occupancy.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

The village council shall establish a schedule of fees, charges and expenses, and a collection procedure for zoning compliance permits, certificates of occupancy, appeals and other matters pertaining to the chapter. The schedule of fees shall be posted in the office of the zoning administrator, and may be altered or amended only by the village council. No permit, certificate, conditional use on approval or variance shall be issued unless or until such costs, charges, fees or expenses listed in this chapter have been paid in full, nor shall any action be taken on proceedings before the board of appeals, unless or until preliminary charges and fees have been paid in full.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

Uses of land and dwellings, buildings or structures, including tents and trailer coaches, used, erected, altered, razed or converted in violation of any provision of this chapter are hereby declared to be a nuisance per se. The court shall order such nuisance abated, and the owner and/or agent in charge of such dwelling, building, structure, tent, trailer coach or land shall be adjudged guilty of maintaining a nuisance per se.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

Where within the districts established by this chapter, or by amendments, there exist lots, structures and uses of land and structures which were lawful before this chapter was adopted or amended and which would be prohibited, regulated or restricted under the terms of this chapter, or future amendment, it is the intent of this division to permit these nonconformities to continue until they are discontinued, damaged or removed, but not to encourage their survival. These nonconformities are declared by this division to be incompatible with the lots, structures and uses permitted by this chapter in certain districts. It is further the intent of this division that nonconformities shall not be enlarged, expanded or extended except as provided in this division; nor to be used as grounds for adding other lots, structures or uses prohibited elsewhere in the same district.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

Where, on the date of adoption, or amendment, of the ordinance from which this chapter was derived, a lawful use of land exists that is no longer permissible under the provisions of this chapter, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

(a)

No such nonconforming use of land shall be enlarged, expanded or extended to occupy a greater area of land than was occupied on the effective date of adoption, or amendment, of the ordinance from which this chapter was derived; and no accessory use or structure shall be established therewith.

(b)

No such nonconforming use of land shall be moved, in whole or in part, to any other portion of such land not occupied on the effective date of adoption, or amendment, of the ordinance from which this chapter was derived.

(c)

If such nonconforming use of land ceases for any reason for a period of more than 180 consecutive days, the subsequent use of such land shall conform to the regulations and provisions set by this chapter for the district in which such land is located.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

Where, on the effective date of adoption, or amendment, of the ordinance from which this chapter was derived, a lawful structure exists that could not be built under the regulations of this chapter by reason of restrictions upon lot area, lot width, lot coverage, height, open spaces or other characteristics of such structure or its location upon a lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(a)

No such structure shall be enlarged, expanded, extended or altered in a way which increases its nonconformance.

(b)

Should any such structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.

(c)

Should any structure be moved for any reason, of any distance, it shall thereafter conform to the regulations of the district in which it is located after it is moved.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

Where, on the date of adoption, or amendment, of the ordinance from which this chapter was derived, a lawful use of a structure exists that is no longer permissible under the regulations of this chapter, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(a)

No nonconforming use of a structure shall be enlarged, expanded, extended or altered except in changing the use of such structure to a use permitted in the district in which such structure is located.

(b)

When a nonconforming use of a structure is discontinued or abandoned for more than 180 consecutive days, the structure shall not thereafter be used except in conformance with the regulations of the district in which it is located.

(c)

For any structure devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not to exceed ten percent of the then current replacement value of the structure, provided that the volume of such structure or the number of families houses therein as it existed on the date of adoption, or amendment, of the ordinance from which this chapter was derived shall not be increased nothing in this chapter shall be deemed to prevent the strengthening or part thereof declared to be unsafe by any official charged with protecting the public safety upon order of such official.

(d)

Should any structure containing a nonconforming use be moved, for any reason of any distance, it shall thereafter conform to the regulations of the district in which it is located after it is moved.

(e)

Should any structure devoted, in whole or in part, to any nonconforming use be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed and again be devoted to any use except in conformity with the regulations of the district in which it is located.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

There may be a change of tenancy, ownership or management of an existing nonconforming use, building or structure; provided, however, that there is no change in the nature of character of such nonconforming use, building or structure.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

Any lot which was lawful at the time of the effective date of adoption, or amendment, of the ordinance from which this chapter was derived, but does not comply with all the provisions of this chapter may be continued in use; provided, however, that the change in use of, or the location, modification or construction of any structure on such lot shall not be permitted; except upon a variance approved by the board of zoning appeals based upon a finding that such a variance is warranted, and subject to such conditions as the board of zoning appeals may find necessary to provide for the public health, safety, morals and general welfare.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

(a)

No marijuana operation operating or purporting to operate prior to adoption of this section shall be deemed to have been a legally existing use nor shall the operation of such marijuana operation be deemed a legal nonconforming use under this zoning ordinance.

(b)

A property owner shall not have vested rights or nonconforming use rights that would serve as a basis for failing to comply with this zoning ordinance or any amendment thereto.

(c)

Discontinuation of a state marijuana license shall constitute prima facie evidence that a nonconformity has been discontinued.

(Ord. No. 2021.09.01, § 3, 9-13-2021)

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

(Ord. No. 2021.03.01, § 1, 3-8-2021)

(a)

Preliminary site plans shall be required for all conditional land uses as set forth in division 4 (conditional uses) of article V (administrative and amendment procedures). A preliminary site plan shall meet all of the criteria and standards set forth in section 62-587.

(b)

Final site plan review and approval is required for certain existing uses (as identified in subsection 62-586(c)) and for all proposed uses within the village, except for single-family and two-family dwellings. Site plan review and approval shall also be required for all site condominium projects, as set forth in division 5 (site condominium project regulations) of article V (administrative and amendment procedures). Final site plans shall meet all of the criteria and standards set forth in section 62-588.

(c)

Site plan review and approval for existing principal or accessory structures or uses is required 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.

(d)

Preliminary and final site plan shall be required for all marijuana facilities. The site plan shall meet all of the criteria set forth in sections 62-585 through 62-593.

(Ord. No. 2021.03.01, § 1, 3-8-2021; Ord. No. 2021.09.01, § 4, 9-13-2021)

(a)

Defined; purpose. A preliminary site plan is a generalized site plan required to be submitted for review of conditional land uses by the village planning commission. The purpose of such preliminary reviews is to confirm compliance with village standards, policies and relationship to the comprehensive plan, as well as to suggest changes necessary, if any, for the final site plan approval.

(b)

Filing. Any applicant shall file a preliminary site plan in conjunction with a conditional land use application, as set forth in division 4 (conditional uses) of article V (administrative and amendment procedures).

(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)

Planning commission action. The planning commission shall review the preliminary site plan to determine if a conditional land use may be approved.

(e)

Approval. Approval of the conditional land use and preliminary site plan by the planning commission shall vest no rights in the application regarding approval of the final site plan in as much as the specified details of a site plan prepared in accordance with section 62-588 serve as the basis for determining that all village standards have been met.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

(a)

Submission; contents. All final site plans shall be submitted to the zoning administrator at least 21 days prior to the next scheduled meeting of the planning commission and must contain the following to be accepted:

(1)

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

(2)

Sufficient copies, as determined by the zoning administrator, of the site plan meeting all informational requirements set forth in section 62-590. Incomplete plans will not be accepted.

(3)

All items as required by section 62-587 shown on the site plan.

(4)

Required fees.

(5)

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

(6)

The village may refer the site plan to the village planner and engineer for review.

(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 site plan meet the criteria of site plan review in section 62-589, the planning commission shall recommend approval.

(2)

Approval with minor revision. Upon finding that the application and site plan meet the criteria of site plan review in section 62-589, except for minor revisions which can be made and confirmed without further technical review, the planning commission may recommend approval, conditioned upon such revisions being made and reviewed by appropriate village staff and/or consultants.

(3)

Tabling. Upon finding that the application and site plan do not, but could, meet the criteria of site plan review in section 62-589 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 site plan do not meet one or more of the criteria of site plan review in section 62-589 and that revisions necessary to meet such criteria are so extensive as to require the preparation of a new site plan, the planning commission shall recommend denial.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

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

(a)

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

(b)

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.

(c)

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.

(d)

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

(e)

It meets the requirements and standards for grading and surface drainage and for the design and construction of storm sewers, storm water facilities, parking lots, driveways, water mains, sanitary sewers and for acceleration, deceleration and passing lanes or approaches as determined by the village engineers.

(f)

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.

(g)

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.

(h)

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

(i)

The proposed development will not cause soil erosion or sedimentation.

(j)

Storm water 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-site or off-site.

(k)

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

(l)

Sites 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.

(m)

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.

(n)

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

(o)

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

(Ord. No. 2021.03.01, § 1, 3-8-2021)

Site plans shall consist of an overall plan for the entire development. Sheet size shall be at least 24 inches × 36 inches with the 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 of three or more acres. A site plan submitted for review and approval shall contain all of the following data prior to its submission to the planning commission for review:

(a)

General information.

(1)

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

(2)

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

(3)

Title block.

(4)

Scale.

(5)

Northpoint.

(6)

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

(7)

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

(8)

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

(9)

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

(10)

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

(11)

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

(12)

Gross acreage figure.

(13)

Proximity to major thoroughfares and section corners.

(b)

Physical features.

(1)

Acceleration, deceleration and passing lanes and approaches.

(2)

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

(3)

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

a.

Well sites.

b.

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

c.

Chemical and fuel storage tanks and containers.

d.

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

e.

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

f.

Sanitary sewers and pumping stations, where applicable.

g.

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

h.

Location and dimension of all easements.

(4)

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

(5)

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

(6)

Exterior lighting locations and illumination patterns.

(7)

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

(8)

Trash receptacle and transformer pad location and method of screening.

(9)

Dedicated road or service drive locations.

(10)

Entrance details including sign locations and size.

(11)

Designation of fire lanes.

(12)

Any other pertinent physical features.

(c)

Natural features.

(1)

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.

(2)

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

(3)

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

(4)

Location of existing wetlands.

(5)

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).

(d)

Additional requirements for residential developments.

(1)

Density calculations by type of unit by bedroom counts.

(2)

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

(3)

Carport locations and details, where proposed.

(4)

Specific amount and location of recreation spaces.

(5)

Type of recreation facilities to be provided in recreation space.

(6)

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

(e)

Additional requirements for commercial and industrial developments.

(1)

Loading/unloading areas.

(2)

Total and usable floor area.

(3)

Number of employees in peak usage.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

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 this section.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

After filing of the approved application and final site plan, satisfaction of any conditions of such approval and compliance with this chapter and other village 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. No. 2021.03.01, § 1, 3-8-2021)

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 substantially commenced. The planning commission may grant an extension on-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 site plan, as approved.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

The formulation and enactment of this chapter is based upon the division of the village into districts in each of which are permitted specified uses which are mutually compatible. In addition to such permitted compatible uses, however, there are certain other uses which may be necessary or desirable to allow in certain locations in certain districts, but because of their actual or potential impact on neighboring uses or public facilities, need to be carefully regulated with respect to their location for the protection of the village. Such uses, on account of their peculiar locational need or the nature of the service offered, may have to be established in a district in which they cannot be reasonably allowed as a permitted use.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

(a)

Authority to grant. The planning commission shall have the authority to recommend to the village council to grant conditional use permits, subject to such conditions of design, operation and safeguards as the village may determine for all conditional uses specified in the various district provisions of this chapter.

(b)

Application and fee. Application for any conditional use permit permissible under the provisions of this chapter shall be made to the planning commission through the village clerk by filling in an official conditional use permit application form; submitting required data, exhibits and information; and depositing the required fee as established by resolution of the village council except that no fee shall be required of any governmental body or agency. No part of such fee shall be returnable to the applicant.

(c)

Data, exhibits and information required in application. An application for a conditional use permit shall contain the applicant's name and address in full, a statement that the applicant is the owner involved or is acting on the owner's behalf, the address of the property involved; an accurate survey drawing of such property showing the existing and proposed location of all structures thereon, the types thereof, and their uses; and a statement of supporting data, exhibits, information and evidence regarding the required findings set forth in this chapter.

(d)

Public hearings. The planning commission shall hold a public hearing upon an application for a conditional use permit, notice of which shall be given by one publication in a newspaper of general circulation in the village within 15 days, but not less than three days next preceding the date of such hearing.

(e)

Required standards and findings for making determinations. The planning commission shall review the particular circumstances and effects of each proposed use in terms of the following standards and required findings, and shall find and record adequate data, information and evidence showing that such a use on the proposed site, lot or parcel meets the following requirements:

(1)

Will be harmonious with and in accordance with the general objectives, intent and purposes of this chapter.

(2)

Will be designed, constructed, operated, maintained and managed so as to be harmonious and appropriate in appearance with existing or intended character of the general vicinity.

(3)

Will be served adequately by essential public facilities and services, such as: highways, streets, police and fire protection, drainage structures, refuse disposal, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service.

(4)

Will not be hazardous or disturbing to existing or future neighboring uses.

(5)

Will not create excessive additional requirements at public costs for public facilities and services.

(f)

Determination and imposition of conditions. If the facts in the case do not establish beyond a reasonable doubt that the findings and standards set forth in this chapter will apply to the proposed use, the planning commission shall not recommend to the village council that such village council should grant a conditional use permit. In recommending that a conditional use permit should be granted by the village council, the planning commission shall recommend such conditions of use as it deems necessary to protect the best interest of the village and the surrounding property, and to achieve the objectives of this chapter.

(g)

Approval or disapproval. Upon holding a public hearing and the finding that the requirements of subsections (d) through (f) of this section have been satisfactorily met by the applicant, the planning commission shall, within 30 days, recommend approval or disapproval to the village council. When the village council gives final approval, a conditional use permit shall be issued to the applicant. The village council shall forward a copy of the permit to the applicant, clerk, zoning administrator and planning commission. The zoning administrator shall not issue a zoning compliance permit until he has received a copy of the conditional use permit approved by the village council.

(h)

Voiding of permit. Any conditional use permit granted under this chapter shall become null and void and fees forfeited unless construction and/or use is commenced within 210 days and completed within 575 days of the date of issuance. A violation of a requirement, condition or safeguard shall be considered a violation of this chapter and grounds for the planning commission to recommend to the village council that it terminate and cancel such conditional use permit.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

A conditional use permit shall not be used for the uses specified in the subsection unless complying with the site development requirements as specified in this subsection. The planning commission may recommend to the village council that it impose additional conditions and safeguards when deemed necessary by that body.

(a)

Drive-in theaters. In addition to and as an integral part of development, the following provisions shall apply:

(1)

Drive-in theaters shall be enclosed for their full periphery with a solid screen fence at least seven feet in height. Fences shall be of sound construction painted, or otherwise finished neatly and inconspicuously.

(2)

All fenced-in areas shall be set back at least 100 feet from any front street or property line.

(3)

All traffic ingress or egress shall be on major streets and all local traffic movement shall be accommodated within the site so that entering and exiting vehicles will make normal and uncomplicated movements into or out of the public thoroughfare. All points of entrance to the exit for motor vehicles shall be located no closer than 200 feet from the intersection of any two streets or highways.

(b)

Reserved.

(c)

Wireless communications facilities. All applications for wireless communications facilities shall be reviewed and determined by the planning commission in accordance with the following standards and conditions, and, if approved, shall be constructed and maintained in accordance with such standards and conditions. In addition, if the facility is approved, it shall be constructed and maintained with any additional conditions imposed by the planning commission in its discretion. The following information shall be submitted prior to the village approval to construct a wireless communication facility:

(1)

Site plan in accordance with division 3 (site plan review required in specific districts) of article V (administrative and amendment procedures).

(2)

A maintenance plan, and any applicable maintenance agreement, shall be presented and approved as part of the site plan for the proposed wireless communication facility. Such plan shall be designed to ensure long-term, continuous maintenance to a reasonable, prudent standard.

(3)

The application shall include a description of security to be posted at the time of receiving a building permit for the wireless communication facility to ensure removal of the facility when it has been abandoned or is no longer needed. In this regard, the village council shall specify the form of security as approved by the village attorney and recordable at the office of the register of deeds, establishing a promise of the applicant and the owner of the property to remove the facility in a timely manner as required under this section, with further provision that the applicant and owner shall be responsible for the payment of any costs and attorney fees incurred by the community in securing removal. The security shall be adjusted on an annual basis according to the U.S. Bureau of Labor Statistics' Consumer Price Index annual average for the United States cities in the north central region of the United States.

(4)

The name, address and phone number of the person to contact for engineering, maintenance and other notice purposes. This information shall be continuously updated during all times the facility is on the premises. The following special performance standards shall apply to wireless communications facilities:

a.

Wireless communications facilities must be set back from all property lines a distance equal to its height except for accessory structures and buildings (see subsection (4)b of this section).

b.

Accessory structures are limited to uses associated with the operation of the facility and may not be located any closer to any property line than the minimum front yard requirement for the appropriate zoning district as found in division 8 (district area, yard, height and bulk regulations) of article III (zoning district regulations).

c.

Accessory structures shall not exceed 600 square feet of gross building area.

d.

All towers shall be equipped with an anticlimbing device to prevent unauthorized access.

e.

The plans of the facility shall be certified by a registered structural engineer.

f.

The applicant shall provide verification that the antenna mount and structure have been approved by a professional engineer and that the installation is in compliance with all applicable codes.

g.

All facilities must meet the standards of the Federal Communications Commission and the Federal Aviation Administration.

h.

Towers in excess of 100 feet in height above grade level shall be prohibited within a two-mile radius of a public airport or one-half mile of a helipad.

i.

No part of any tower or antenna shall be constructed, located or maintained at any time, permanently or temporarily, on or upon any required setback area for the district in which the antenna or tower is to be located. In no case shall a tower or antenna be located within 30 feet of a property line.

j.

Metal towers shall be constructed of, or treated with, corrosive-resistant material.

k.

Antennae and metal towers shall be grounded for protection against a direct strike by lightning and shall comply as to electric wiring and connections with all applicable local statutes, regulations and standards.

l.

Towers with antennae shall be designed to withstand a uniform wind load.

m.

All signal and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and a structure, or between towers, shall be at least eight feet above the ground at all points, unless buried underground.

n.

Towers shall be located so that they do not interfere with reception in nearby residential areas.

o.

Towers shall be located so there is room for vehicles doing maintenance to maneuver on the property owned and/or leased by the applicant.

p.

The base of the tower shall occupy no more than 500 square feet.

q.

The height of the tower shall not exceed 200 feet from grade within a commercial zoning district, and 300 feet from grade within an industrial or agricultural district.

r.

Towers shall not be artificially lighted except as required by the Federal Aviation Administration.

s.

Existing on-site vegetation shall be preserved to the maximum extent practicable.

t.

There shall not be displayed advertising or identification of any kind intended to be visible from the ground or other structures, except as required for emergency purposes.

u.

There shall be no employees on the site on a permanent basis to service or maintain the facility. Occasional or temporary repair and service activities are excluded from the restriction of this subsection.

v.

Where the property adjoins any residentially zoned property or land use, the developer shall plant two alternating rows of evergreen trees with a minimum height of five feet on 20 feet centers along the entire perimeter of the tower and related structures. In no case shall the evergreens be any nearer than ten feet to any structure.

w.

The policy of the village is to minimize the number of wireless communications facilities in the village. Therefore, the village shall require colocation of wireless communication towers. Pursuant to this policy, the following standards apply to towers:

1.

All new and modified towers shall be designed and constructed so as to accommodate colocation.

2.

A conditional use permit for the construction and use of a new tower shall not be granted unless and until the applicant demonstrates that a feasible colocation is not available for the coverage area and capacity needs.

3.

No more than two transmitters of telecommunication signals shall be permitted on a single tower.

(d)

Bed and breakfast. Bed and breakfasts shall comply with the following requirements as a minimum. The planning commission may establish additional reasonable requirements as necessary to protect the health, safety and general welfare of the surrounding neighborhood and the community.

(1)

There shall be no separate cooking facilities used for the bed and breakfast stay.

(2)

Food may be served at the bed and breakfast only to persons renting a room at the facility during their stay.

(3)

Two parking spaces, plus one additional space per room to be rented must be provided. Parking must be off-street and on-site and shall not be permitted within the front yard area.

(4)

No residential structure shall be removed in order to allow for a bed and breakfast use nor shall such a structure be removed in order to provide parking for such a use.

(5)

The dwelling unit in which the bed and breakfast takes place shall be the principal residence of the owner/operator, and such owner/operator shall live on the premises when the bed and breakfast operation is active.

(6)

The residential structure shall remain a residential structure; i.e., the kitchen shall not be remodeled into a commercial kitchen.

(7)

Each operator shall keep a list of all names of all persons staying at the bed and breakfast operation. Such list shall be available for inspection by village officials at any time.

(8)

The maximum stay for any occupants of bed and breakfast operations shall be 14 days.

(e)

Reserved.

(f)

Reserved.

(g)

Adult entertainment establishments. Adult bookstore, adult motion picture theater, and massage parlor (hereinafter referred to as adult entertainment establishments) may be permitted in the C-2 general commercial district conditional use permit when the following conditions are met:

(1)

No adult entertainment establishment may be established, operated, or maintained within 1,000 feet of a residential zoning district (R-1, RM-1).

(2)

No adult entertainment establishment may be established, operated, or maintained within 1,000 feet of: a church, state licensed day care facility, public library, public pre-school, elementary school, middle school, or high school.

(3)

No adult entertainment establishment may be established, operated, or maintained within 1,000 feet of any other adult entertainment establishment.

(4)

Distance limitations shall be measured in a straight line from the parcel or lot line of the adult entertainment establishment to the lot line of the restricted parcels described above.

(5)

If employees or patrons of an adult entertainment establishment promote, offer, solicit, allow or engage in acts of prostitution on the premises, the conditional use permit may be suspended or revoked. No criminal charge need be brought for suspension or revocation of the conditional use permit to occur. The acts described in this subsection shall be shown to have occurred by a preponderance of the evidence.

(6)

No adult entertainment establishment may be open or operated between the hours of 12:01 a.m. and 9:00 a.m. of any day of the week.

(Ord. No. 2021.03.01, § 1, 3-8-2021; Ord. No. 2022.01.01, § 3, 1-10-2022)

Pursuant to the authority conferred by the Condominium Act, preliminary and final site plans shall be regulated by the provisions of this chapter and approved by the planning commission.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

(a)

Each condominium lot shall be located within a zoning district that permits the proposed use.

(b)

Each condominium lot shall front on and have direct access to a public street or a private street approved by the village council. Approval for a private street may be conferred by the village council between preliminary and final site plan approval by the planning commission.

(c)

For the purposes of this division, each condominium lot shall be considered equivalent to a single lot and shall comply with all regulations of the zoning district in which located, and the provisions of any other statutes, laws, ordinances and/or regulations applicable to lots in subdivisions.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

Preliminary approval of the site plan and final approval of the site plan and condominium documents by the planning commission shall be required as a condition to the right to construct, expand or convert a site condominium project. Preliminary and final approval shall not be combined.

(a)

Preliminary approval.

(1)

A site plan pursuant to the standards and procedures set forth in article VI (supplemental regulations) of this chapter shall be submitted to the planning commission for preliminary review.

(2)

If the site plan conforms in all respects to applicable laws, ordinances and design standards, preliminary approval shall be granted by the planning commission.

(3)

If the site plan fails to conform, the planning commission shall either deny the application, or grant preliminary approval with conditions, provided that such conditions are met before final approval.

(b)

Final approval.

(1)

Following preliminary approval, the applicant shall submit the condominium documents to the village for the review by the village attorney and other appropriate staff and consultants. The condominium documents shall be reviewed with respect to all matters subject to regulation by the village including, without limitation: ongoing preservation and maintenance of drainage, retention, wetland and other natural and/or common area; maintenance of private roads, if any; and maintenance of storm water, sanitary and water facilities and utilities.

(2)

Following receipt of preliminary approval, the applicant shall also submit a final site plan and engineering plans in sufficient detail for the village, to determine compliance with applicable laws, ordinances and design standards for construction of the project. The village shall submit engineering plans to the village engineer and planner for review.

(3)

Upon completion of the review of the condominium documents and engineering plans and receipt of the recommendations and findings from the village attorney, engineer and planner, the site plan shall be submitted to the planning commission for final review.

(4)

If the site plan, condominium documents and/or engineering plans conform in all respects to applicable laws, ordinances and design standards, final approval shall be granted by the planning commission.

(5)

If the site plan, condominium documents and/or engineering plans fail to conform, final approval shall be denied by the planning commission.

(6)

In the interest of ensuring compliance with this chapter and protecting the health, safety and welfare of the residents of the village, the planning commission, as a condition of final approval of the site plan, shall require the applicant to deposit a performance guarantee for the completion of improvements associated with the proposed use.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

Prior to the issuance of occupancy permits for any condominium units, the applicant shall submit the following to the village clerk:

(a)

A copy of the recorded condominium documents (including exhibits).

(b)

A copy of any recorded restrictive covenants.

(c)

A digital copy of the site plan, as specified by the village, as well as a physical copy.

(d)

Evidence of completion of improvements associated with the proposed use, including two copies of an as-built survey.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

If the site condominium subdivision plan is revised, the final site plan shall be revised accordingly and submitted for review and approval or denial by the planning commission before any building permit may be issued, where such permit is required.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

Any amendment to a master deed or bylaws that affects the approved preliminary or final site plan, or any conditions of approval of a preliminary or final site plan, shall be reviewed and approved by the village attorney and planning commission before any building permit may be issued, where such permit is required. The planning commission may require its review of an amended site plan if, in its opinion, such changes in the master deed or bylaws require corresponding changes in the site plan.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

The intent of this is to establish the provisions under which a planned unit overlay district (PUD)of this chapter are intended to result in land use development substantially consistent with the underlying zoning, with modifications and departures from generally applicable requirements made in accordance with standards provided in this section to ensure appropriate, fair and consistent decision making.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

A PUD district is hereby established and shall be located as an overlay district in any zoning district of the village. This overlay district is intended to replace the underlying zoning districts upon formal application to the planning commission and approval of the village council. Denial of an application for PUD shall not change the underlying zoning district and regulations. A petition for PUD zoning inconsistent with the overlay zoning district shall require that the petitioner first make application to the planning commission to amend the comprehensive plan. Before an amendment to the comprehensive plan, the planning commission shall hold at least one public hearing thereon. Not less than 15 days' notice of the public hearing shall be given by one publication in a newspaper having a general circulation in the village. Following adoption of the amendment to the comprehensive plan by the planning commission, copies of the amendment to the comprehensive plan shall be transmitted to the village council.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

All residential, commercial, office and research uses may be permitted in the PUD overlay district in accordance with regulations stated in this section. All PUD projects must be compatible with the spirit and intent of the comprehensive plan and must not result in any unreasonable economic impact upon surrounding properties in the underlying zoning districts.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

The applicant for a PUD must demonstrate as a condition to being entitled to PUD approval that:

(a)

Granting of the PUD overlay zoning will result in a recognizable and substantial benefit to the ultimate users of the project and to the community, where such benefit would otherwise be unfeasible or unlikely to be achieved.

(b)

In relation to underlying zoning, the proposed type of density of use shall not result in an unreasonable increase in the use of public services, facilities and utilities, and shall not place an unreasonable burden upon the subject and/or surrounding land and/or property owners and occupants and/or the natural environment.

(c)

The proposed development shall not have a materially adverse impact upon the village comprehensive plan, and shall be consistent with the intent and spirit of this chapter.

(d)

The proposed development shall not result in any unreasonable negative economic impact upon surrounding properties.

(e)

The proposed development shall contain at least as much usable open space as would be required in this chapter in relation to the most dominant use in the development.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

The entire parcel for which application is made for PUD zoning must be under one ownership or the application must be made with the written authorization of all property owners.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

Based upon the following standards, the planning commission may recommend denial or approval, and the village council may deny or approve the proposed PUD:

(a)

In residential underlying zoning districts, nonresidential uses shall be permitted as part of a common planned unit development with a residential component to the extent the applicant demonstrates by expert analysis, and the village council finds, in its discretion, that the nonresidential uses shall principally serve the persons residing in the residential units in the project. This restriction shall not apply in nonresidential underlying zoning districts. Nonresidential uses including, without limitation, parking and vehicular traffic ways, shall be separate and buffered from residential units in a manner consistent with good land and community planning principles, provided, it is recognized that this provision may have limited application to mixed-use buildings. Subject to subsection (b) of this section, all regulations applicable to lot size, lot width, lot coverage, setback, parking and loading, general provisions and to other requirements and facilities shall be as follows:

(1)

Single-family detached residential uses shall meet the regulations applicable in the R-1 district.

(2)

Multiple-family residential uses shall meet the regulations applicable in the RM-1 district.

(3)

Commercial and office uses shall meet the regulations applicable in the C-1 and C-2 districts.

(b)

Consistent with the planned unit development concept, and toward the end of encouraging flexibility and creativity in development, departures from compliance with the regulations provided for in subsection (a) of this section may be granted in the discretion of the village council as part of the approval of a planned unit development. Such departures may be authorized on the condition that there are features or planning mechanisms deemed adequate by the village council designed into the project for the purpose of achieving the objectives intended to be accomplished with respect to each of the regulations from which a departure is sought.

(c)

The development shall be designed so as to promote preservation of natural resources and natural features. In the interpretation of this subsection (c) natural resources and natural features may be impaired or destroyed if it is in the public interest to do so. In determining whether action is in the public interest, the benefit which would reasonably be expected to accrue from the proposal shall be balanced against the reasonably foreseeable detriments of the activity, taking into consideration the local, state and national concern for the protection and preservation of natural resources and natural features and taking into account the provisions and standards of Act 127 of the Public Acts of 1970, as amended, the Michigan Environmental Protection Act.

(d)

The village council shall take into account the following considerations, as such considerations may be relevant to a particular project and ensure compliance with all related applicable regulations: perimeter setback and berming; thoroughfare, drainage and utility design; underground installation of utilities; insulating the pedestrian circulation system from vehicular thoroughfares and ways; achievement of an integrated development with respect to signage, lighting, landscaping and building materials; and noise reduction and visual screening mechanisms, particularly in cases where nonresidential uses adjoin off-site residentially zoned property.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

The granting of a planned unit development application shall require a rezoning, i.e., an amendment of the zoning map constituting a part of this chapter so as to designate the property which is the subject of the application as planned unit development. Further, an approval granted under this section, including all aspects of the final plan and conditions imposed, shall constitute an inseparable part of the zoning amendment.

(a)

The planning commission shall hold a hearing at which the petitioner shall present the proposed PUD development plan, and the planning commission shall provide the petitioner with its comments within 30 days after holding such a hearing. No fees shall be charged for such preliminary hearing.

(b)

The petitioner shall next submit to the clerk sufficient copies of the PUD development plan, together with appropriate review fees. Copies of the plan, as submitted, shall be distributed promptly by the clerk to the appropriate village, county or regional agencies for review to determine if the development concept can be accommodated by the existing public utility, street and general service facilities are necessary for the project.

(c)

The chairman of the planning commission or village clerk shall notify the petitioner of any questions raised by the village, county or regional agencies during such review and shall submit like information to the planning commission for its consideration, along with a report which evaluates the planning aspects of the project and its impact on the present and future development of that part of the village in which it is located.

(d)

The planning commission shall, after holding public hearings on such PUD development plan and reviewing such reports, make its recommendation to the village council on such plan within 60 days of its date of filing unless such time is agreed to be extended by the petitioner in writing; provided, however, that the planning commission may extend this time for periods not to exceed 30 days each if such extensions are necessary for adequate review.

(e)

If the PUD development plan is rejected by the planning commission, its reasons therefor shall be specified in writing and approved by the planning commission.

(f)

The planning commission's recommendations and all related reports shall be submitted to the village council for its consideration. The council shall, after holding a public hearing on the PUD development plan and petition, take final action on such plan and petition within 30 days of the date it receives a report from the planning commission, or such reasonable extension of time as may be necessary for adequate review.

(g)

If the site plan is rejected by the council, its reasons shall be based upon the standards of review listed above, specified in writing, and approved by the council.

(h)

Approval of the final PUD site plan by the council shall constitute approval of the rezoning request and shall entitle the applicant to apply for building permits.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

(a)

Preliminary plans; contents. Preliminary plans shall include the following:

(1)

Applicant's name and address.

(2)

The name of the proposed development.

(3)

Common description of property and complete legal description.

(4)

Dimensions of land, width, length, acreage and frontage.

(5)

Existing zoning and zoning of all adjacent properties.

(6)

Statement of intent of proposed use of land and any phasing of the project.

(7)

Name, address, city and phone number of firm or individual who prepared the plan; owner of the property; and the applicant, if other than the owner.

(8)

Existing and proposed right-of-way width of all adjoining and internal roads, and layout of all internal roads.

(9)

Proposed acceleration, deceleration and passing lanes.

(10)

Location of existing drainage courses, floodplains, lakes, streams and wetlands.

(11)

Intentions with respect to water and sewer.

(12)

All parking areas and number of spaces by size.

(13)

The number and location of areas to be preserved as open or recreational space.

(14)

All known natural resources and natural features to be preserved.

(15)

Fair representation of the development concept, including each type of use, square footage or acreage allocated to each use, approximate location of each principal structure and use in the development, setbacks, typical layout and elevation for each type of use.

(16)

Specification of each deviation from the applicable ordinance regulations which will be sought to be approved, and the safeguards, features and/or planning mechanisms proposed to achieve the objectives intended to be accomplished by the regulation from which a deviation is being sought.

(17)

The planning commission and/or village council may require a topographical map if the size of the project and/or nature of the topography indicates that such document would be meaningful to review.

(b)

Final site plans; contents. Final site plans shall include the following:

(1)

All requirements for site plan review under this chapter.

(2)

A site plan showing the type, location and density of all uses.

(3)

All open spaces, including preserves, recreational areas and the like, and each purpose proposed for such areas.

(4)

Evidence of market need for the uses and economic feasibility of the project.

(5)

A separately delineated specification of all deviations from this chapter which would otherwise be applicable to the uses and development proposed in the absence of this planned unit development section. This specification should include ordinance provisions from which deviations are sought, and if the applicant elects to be governed by this division, the reasons and mechanisms to be utilized for the protection of the public health, safety and welfare in lieu of the regulations from which deviations are sought shall be specified.

(6)

If the property on which the project is to be situated consists of 25 acres or more, a community impact statement may be required as part of the application.

(7)

A detailed landscaping plan.

(8)

A specific schedule of the intended development and construction details, including phasing or timing, and the general improvements to constitute a part of the development including, without limitation, lighting, signage, the mechanisms designed to reduce noise, utilities and visual screening features.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

Reasonable conditions may be required with the approval of planned unit development, to the extent authorized by law, for the purpose of ensuring that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased services and facility loads caused by the land use or activity protecting the natural environment and conserving natural resources and energy, ensuring compatibility with adjacent uses of land, and promoting the use of land in a socially and economically desirable manner. Conditions imposed shall be designed to protect natural resources and the public health, safety and welfare of individuals in the project and those immediately adjacent, and the community as a whole shall be reasonably related to the purposes affected by the planned unit development, and shall be necessary to meet the intent and purpose of this chapter, and be related to the objective of ensuring compliance with the standards of this chapter. All conditions imposed shall be made a part of the record of the approved planned unit development.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

(a)

Phasing. Where a planned unit development project is proposed for construction in phases, the planning and designing shall be such that, upon completion, each phase shall be capable of standing on its own in terms of the presence of services, facilities and open space, and shall contain the necessary components to ensure protection of natural resources and the health, safety and welfare of the users of the planned unit development and the residents of the surrounding area. In addition, in developments which include residential and nonresidential uses, phasing shall contemplate that at least 35 percent of all proposed residential and nonresidential uses, at least 35 percent of all proposed residential units are completed concurrent with the first phase of any nonresidential construction; completion of at least 75 percent of all proposed residential construction prior to the second phase of nonresidential construction; and completion of 100 percent of all residential construction prior to the third phase of nonresidential construction. For purposes of carrying out this subsection (a), the percentages shall be approximations and determined in the discretion of the village council, and, further, such percentages may be significantly varied should the village council determine, in its discretion, that the applicant has presented adequate and effective assurances that the residential components of the project shall be completed within the specified period.

(b)

Commencement and completion of construction. Construction shall be commenced within one year following final approval of a planned unit development, or within one year following final approval of a planned unit development, or within one year of any other necessary approvals have been actively pursued. Each phase of the project shall be commenced within one year of the schedule established for such phase in the application submitted for the planned unit development. If construction is not commenced within such time, any approval of the final plan for the project shall expire and be null and void, provided that an extension for a specified period may be granted by the village council, upon good cause shown, if such request is made to the village council prior to the expiration of the initial period. Moreover, if a final plan has expired, the village council shall be authorized to rezone the property in any reasonable manner, and if the property remains classified as planned unit development, a new application shall be required, and shall be reviewed in light of the then existing and applicable law and ordinance provisions.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

If and when approved, the planned unit development amendment, with all conditions imposed, if any, shall constitute the land use authorization for the property, and all improvements and use shall be in conformity with such amendment. The applicant shall record an affidavit with the register of deeds containing the legal description of the entire project, specifying the date of approval of the planned unit development, and declaring that all future development of the planned unit development property has been authorized and required to be carried out in accordance with the approved planned unit development unless an amendment thereto is duly adopted by the village upon the request and/or approval of the applicant's transferees and/or assigns.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

There shall be an advance payment of review fees at the time the preliminary plan is submitted. No review fee shall be required for the preliminary hearing with the planning commission except rezoning fees required upon application for a rezoning. There shall also be an advance payment of review fees at filing for the final plan. The amount of such fees shall be established by the village council by ordinance or resolution.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

The village council may from time to time, on recommendation from the planning commission, on its own motion, amend, modify, supplement or revise the district boundaries or the provisions and regulations established in this chapter whenever the public necessity and convenience and the general welfare require such amendment. Such amendment may be initiated by resolution of the village council, the planning commission or by petition of one or more owners of property to be affected by the proposed amendment. Except for the village council or the planning commission the petitioner requesting an amendment shall, at the time of application, pay the fee established by resolution of the village council, no part of which shall be returnable to the petitioner.

(Ord. No. 2021.03.01, § 1, 3-8-2021)

The procedure for making amendments to this chapter shall be in accordance with Michigan Zoning Enabling Act, as amended (PA 110 of 2006, MCL 125.3101 et seq.), also referred to as the MZEA..

(Ord. No. 2021.03.01, § 1, 3-8-2021)

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

(Ord. No. 2021.03.01, § 1, 3-8-2021)