Burtchville Township
City Zoning Code

ADMINISTRATION AND

ENFORCEMENT

§ 154.145 ZONING ADMINISTRATOR.

The Office of the Zoning Administrator shall be conducted in a manner consistent with the Zoning Administrator Ordinance, as adopted by the Township Board.

(Ord. passed 6-28-2006; Ord. passed 5-18-2009)

§ 154.146 ZONING COMPLIANCE PERMITS.

Hereafter, no land use shall be commenced or changed (to a use of a different class or type, or when such change additional zoning requirements, including but not limited to parking, buffering, landscaping, etc.) and no structure shall be erected or enlarged, nor any building permit issued unless and until the Zoning Administrator has determined that the same is in full compliance with the provisions of this chapter.

(Ord. passed 6-28-2006)

§ 154.147 CERTIFICATE OF OCCUPANCY.

(A) No certificate of occupancy shall be issued under the Building Code of the township until all requirements of this chapter have been met. A temporary certificate may be issued under circumstances where expressly permitted by this chapter.

(B) All certificates of occupancy issued by the Building Inspector shall also bear the signature of the Zoning Administrator certifying that all requirements of this chapter have in fact been met and that a field inspection has been made to ascertain same.

(C) In cases where certificates of occupancy are not required under the Building Code, such as in the case of farm buildings, the Zoning Administrator shall nevertheless issue a certificate of occupancy for zoning purposes certifying that the structure or use has been established or erected in compliance with the terms of the zoning compliance permit and/or approved site plan.

(Ord. passed 6-28-2006)

§ 154.149 PERMIT FEES.

Fees for inspection and the issuance of permits or certificates or copies thereof required or issued under the provisions of this chapter shall be collected by the township in advance of issuance. The amount of the fees shall be established by resolution of the Township Board and shall cover the cost of inspection and supervision resulting from enforcement of this chapter.

(Ord. passed 6-28-2006)

§ 154.150 SITE PLAN REVIEW.

(A) Site plan review required.

(1) Site plan review and approval of all development proposals (except as otherwise provided herein) is required as set forth in division (B) below.

(2) The intent of this section is to provide for consultation and cooperation between the developer and the Planning Commission so that both parties might realize maximum utilization of land and minimum adverse effect upon the surrounding land uses.

(3) Through the application of the following provisions, the attainment of the Master Plan will be assured and the township will develop in an orderly fashion.

(4) Where it is determined by the Planning Commission and Zoning Administrator that certain requirements of this section are not necessary for the review and understanding of the proposal, the Planning Commission may waive the requirements.

(B) Site plan review required. A site plan shall be submitted to the Planning Commission for review whenever one or more of the following apply:

(1) Whenever a building permit is required for the erection or structural alteration of a building, not including the following:

(a) Single-family dwellings;

(b) Two-family dwellings;

(d) Accessory structures to the above uses (divisions (B)(1)(a) through (c) above.

(2) For the development of a platted subdivision, site condominium or condominium project;

(3) For the construction, use or establishment of a new or expanded parking or storage area;

(4) For all special land uses, except as provided for herein;

(5) For any change in use or class of use as determined significant by the Planning Commission. A significant change in use is considered to have occurred whenever a change would trigger different or additional zoning requirements, such as, but not limited to: number and or arrangement of off-street parking spaces, loading zones, points of ingress or egress, walls, greenbelt, buffer, screening, landscaping and the like;

(6) The erection of, or addition to, any major utility service facilities, including towers, substations, pump stations and similar facilities; and/or

(7) Planning Commission review may be waived and the site plan approved by the Zoning Administrator when, in the opinion of the Zoning Administrator, with concurrence of the Chairperson of the Planning Commission, the expansion of use or change in use will not involve changes substantial enough to warrant Planning Commission review. A written memorandum documenting this decision shall be prepared by the Zoning Administrator and signed by the Zoning Administrator and the Chairperson of the Planning Commission. The Zoning Administrator shall not have the authority to waive Planning Commission review for a proposed special land use or the expansion/alteration of an existing special land use.

(C) Site plan review criteria. The site plan shall be reviewed and approved by the Planning Commission upon finding that all the following conditions are met:

(1) The proposed use will not be injurious to the surrounding neighborhood;

(2) There is a proper relationship between thoroughfares and proposed service drives, driveways and parking areas;

(3) The location of buildings, outside storage receptacles, parking areas, screen walls and utility areas is such that the adverse effects of those uses will be minimized for the occupants of that use and the occupants of 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 township requirements and standards for grading and surface drainage and for the design and construction of storm sewers, storm water holding facilities, water mains, sanitary sewers and driveway approaches;

(6) All buildings or groups of buildings shall be so arranged as to permit emergency vehicle access by some practical means to all sides;

(7) Natural resources are preserved by developing in a manner that will not detrimentally affect or destroy natural features such as lakes, ponds, streams, wetlands, steep slopes and woodlands;

(8) 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;

(9) The location of buildings, parking, drives, landscaping and other improvements on the site is appropriate for the lot size and configuration;

(10) Landscaping, including trees, shrubs, and other vegetative material, is provided to maintain and improve the aesthetic quality of the site and the area; and

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

(D) Information required on site plan.

(1) Plans submitted for site plan approval shall contain all of the following data prior to approval of the plans by the Planning Commission.

(2) Final construction plans must be submitted to the Building Department and the construction plans must be reviewed and approved prior to obtaining a building permit.

(3) Site plans shall consist of an overall plan for the entire development.

(4) Sheet size shall be at least 24 inches by 36 inches with plan view drawn to a minimum scale of one inch equals 20 feet if the subject property is less than three acres and one inch equals 50 feet if three acres or more.

(5) Included on the site plan will be all dimensions, and the following.

(a) General information.

1. Proprietor’s name, address and telephone number;

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

3. Title block;

4. Scale;

5. North point;

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 and the like, on the parcel, and within 100 feet of the site;

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

10. Centerline and existing and proposed right-of-way lines;

11. Zoning classification of petitioner’s parcel and all abutting parcels;

12. Gross acreage figure; and

13. Proximity to major thoroughfare and/or section corners.

(b) Physical features.

1. Proposed locations of access drives, street intersections, driveway locations, sidewalks, signs, curbing and acceleration, deceleration and passing lanes;

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

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

b. Water main, hydrants, pump houses, standpipes and building services and sizes;

c. Sanitary sewers and pumping stations;

d. Storm water control facilities and structures including storm sewers, swales, retention and detention basins, drainage ways and other facilities, including calculations for sizes; and

e. Location of all easements.

3. All buildings with dimensioned floor plans, setback and yard dimensions, and typical elevation views of proposed structures;

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

5. Exterior lighting locations and illumination patterns;

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

7. Sidewalks and bike paths;

8. Trash receptacle pad location and method of screening;

9. Transformer pad location and method of screening;

10. Dedicated road or service drive locations;

11. Entrance details including sign locations and size;

12. Designation of fire lanes; and

13. Any other pertinent physical features.

1. Existing topography with a maximum contour interval of two feet indicated. Topography on the site and beyond the site for a distance of 100 feet in all directions shall be indicated;

2. A 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, lakes, ponds, wetlands, rivers and streams, including their water surface elevation, flood plain elevation and ordinary high water mark; and

4. Location of other natural resource features, including woodlands.

(d) Additional requirements for multiple-family, and planned unit development projects.

1. Density calculations by type of unit by bedroom count;

2. Designation of units by type of unit in each building;

3. Carport locations and details where proposed;

4. Specific amount of recreation space and locations;

5. Type of recreation facilities to be provided in recreation space; and

6. If proposed, details of community building and fencing of swimming pool.

(e) Additional requirements for commercial and industrial developments.

1. Loading/unloading areas;

2. Gross and usable floor area; and

3. Number of employees in peak usage.

(E) Application procedure. An application for site plan review shall be processed in the following manner:

(1) All site plans shall be submitted to the Zoning Administrator at least 15 days prior to the next regularly scheduled meeting of the Planning Commission and must contain the following to be accepted:

(a) A signed and complete application;

(b) Fifteen copies of the site plan or as otherwise specified by the Zoning Administrator on the application form;

(d) Required fees as established by resolution of the Township Board.

(2) Upon satisfactory completion of the requirements of divisions (E)(1)(a) through (d) above, the Zoning Administrator shall:

(a) Forward a copy of the site plan and application to the appropriate department heads and consultants for review;

(b) Place review of the site plan on the next Planning Commission agenda; and

(F) Township review. Upon receipt of the site plan from the Zoning Administrator, the Planning Commission shall review the plan at its next regular meeting and thereafter approve or deny the site plan within a reasonable time.

(1) Upon determination of the Planning Commission that a site plan is in compliance with the zoning ordinance and other regulations, it will be so indicated on the site plan.

(2) Upon determination by the Planning Commission that a site plan is in compliance except with minor revisions, the Planning Commission may grant conditional approval. All revisions must be clearly delineated on copies required to be filed with the township.

(3) If extensive revision to the site plan is necessary to meet the ordinance and regulation requirements, the site plan shall be denied and the applicant requested to prepare an alternate site plan. In this case, “Denied” shall be written on the plan and reasons for denial indicated in the Planning Commission’s resolution.

(4) When a site plan has been reviewed by the Planning Commission and all steps completed, five copies of the application and plans will be marked approved or denied for the following distribution:

(a) One copy forwarded to the Township Clerk for permanent record;

(b) Two copies forwarded to the Zoning Administrator;

(d) One copy forwarded to the applicant.

(G) Effect of approval.

(1) When an applicant receives final site approval, he or she must develop the site in complete conformity with the approved site plan.

(2) The site plan approval shall be valid for a period of one year.

(3) If the project is not under construction with a building permit at the expiration of the approval time, the site plan approval becomes null and void, requiring the developer to make a new application for approval before the project is permitted to proceed.

(4) The Planning Commission may approve an extension to site plan approval.

(H) Amendment to approved site plans.

(1) Existing or proposed developments that have had site plan review and approval by the Planning Commission, as required herein, shall not be changed unless the proposed revisions are minor and are reviewed and approved by the Zoning Administrator with written concurrence of the Chairperson of the Planning Commission.

(2) All major revisions to approved site plans shall be subject to review and approval of the Planning Commission and shall be processed under the same procedure used for new site plans.

(Ord. passed 6-28-2006; Ord. passed 10-20-2008; Ord. passed 5-18-2009; Ord. passed 7-6-2010)

§ 154.151 REQUIREMENTS FOR SINGLE-FAMILY AND TWO-FAMILY DWELLINGS AND FARM BUILDINGS AND ACCESSORY BUILDINGS.

(A) Single-family dwellings, two-family dwellings and farm buildings are exempt from the site plan review requirements set forth in § 154.150 above.

(B) However, in order to ensure that lot and setback requirements are complied with, all applications for building permits and zoning compliance permits shall be accompanied by a plot plan, in triplicate, drawn to scale, showing the following:

(1) The actual shape, location and dimensions of the lots;

(2) The shape, size and location of all buildings or other structures to be erected, altered or moved, and of any building or other structures already on the lot;

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

(4) Other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being served.

(Ord. passed 6-28-2006)

§ 154.152 PERFORMANCE GUARANTEES.

(A) To ensure compliance with a zoning ordinance and any conditions imposed thereunder, the Zoning Administrator may require that a cash deposit, certified check, irrevocable bank letter of credit acceptable to the township, covering the estimated cost of required improvements associated with a project for which site plan approval is sought, be deposited with the township to ensure faithful completion of the improvements.

(1) The Zoning Administrator, upon consultation with the Township Building Inspector and engineer shall estimate the cost of the improvements.

(2) In determining whether or not to require a performance guaranty, the Zoning Administrator shall consider the following:

(a) The size and scope of the project;

(b) Impact on the health, welfare and safety of the residents of the township if the project is not completed;

(d) The ability the applicant has to complete the project; and

(e) The credit worthiness of the applicant in the event the township is required to bring enforcement action against the applicant.

(3) The performance guarantee, if required, shall be deposited at the time of the issuance of the permit authorizing the activity or project, or alternatively may be required by the Zoning Administrator in conjunction with a request for a temporary occupancy permit.

(4) The township may not require the deposit of the performance guarantee prior to the time when the township is prepared to issue the permit.

(5) The township shall establish procedures whereby a rebate of any cash deposits in reasonable proportion to the ratio of work completed on the required improvements will be made as work progresses.

(B) This section shall not be applicable to improvements for which a cash deposit, certified check, irrevocable bank letter of credit, or surety bond has been deposited pursuant to Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560.293, as amended (i.e., subdivisions).

(C) As used in this section, IMPROVEMENTS means those features and actions associated with a project which are considered necessary by the body or official granting zoning approval in order to protect natural resources, the health, safety and welfare of the residents of the township, and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening and drainage. IMPROVEMENTS does not include the entire project that is the subject of zoning approval.

(1) If any portion of the required improvements is not completed or does not meet construction standards within the allocated time period, the Township Board or Zoning Administrator shall declare whatever security has been pledged as forfeit. Where the Township Board or Zoning Administrator is not already in possession of the guarantee, it shall immediately take the actions necessary to obtain it. Upon receipt of these securities, the Township Board or Zoning Administrator shall use them, or receipts from their sale if that be necessary, to finance the completion of contracted improvements or the rebuilding of the improvements to the proper specifications. Unused portions of these securities shall be returned to the subdivider, bonding company or crediting institution, as is appropriate.

(2) Upon acceptance of the final portion of improvement, the township shall authorize the release of the remaining portion of the performance guarantee.

(3) No action or inaction by the township in respect to any required improvement shall serve to extend the time of validity of any temporary certificate of occupancy or excuse any violation of this chapter. A temporary certificate of occupancy may, however, be extended in time, and from time to time, for good cause shown. Any like extension shall serve to extend for the same period the time for completion of the required site improvements.

(Ord. passed 6-28-2006)

§ 154.153 TENTS, TEMPORARY MOBILE HOME OR CONSTRUCTION OFFICE AND PORTABLE ON-DEMAND STORAGE DEVICES (PODS).

(A) Temporary mobile homes or construction offices. The Zoning Administrator may issue a permit for the temporary placement of a mobile home as a temporary residence, during the actual construction or reconstruction of a permanent dwelling or for temporary placement of a mobile home or similar structure as a temporary construction office, subject to the following requirements.

(1) Any temporary structure to be used for dwelling purposes shall be of a type and quality conforming to the “Mobile Home Construction and Safety Standards”, as promulgated by the United States Department of Housing and Urban Development, being 24 C.F.R. § 3280, as amended, and shall bear the “federal seal” attesting to the same.

(a) In addition, all dwellings shall meet or exceed all applicable roof snow loads and strength requirements.

(b) No temporary dwelling shall be occupied until the dwelling has been connected to a suitable source of potable water and sewage disposal facilities, both of which shall be approved by the County Health Department.

(c) The initial permit shall not exceed 12 months and shall be concurrent with a valid building permit for a permanent structure. Not more than two extensions, not to exceed 24 months, may be granted where substantial progress toward completion of the permanent structure is being demonstrated.

(2) A cash bond in the amount of $500 shall be deposited with the Township Clerk to insure removal of the temporary unit upon expiration of the temporary permit. Failure to complete construction of the permanent structure, within the time limits specified in the building permit and this section shall be sufficient grounds for the Township Board to declare the performance guarantee forfeited and use the proceeds as necessary.

(B) Tents. The Zoning Administrator may issue a zoning compliance permit for the placement of a tent used solely for the purpose of storage, subject to the following.

(1) Tents on residentially zoned property shall be considered an accessory structure for the purposes of this chapter and shall be governed by the requirements of § 154.008. No tent shall be permitted on a residentially zoned property for a period exceeding 90 days.

(2) Tents on commercial or industrial zoned property shall meet all setback requirements of the district in which the property is located and shall require site plan approval from the Planning Commission. However, tents temporarily located on a property for a period of less than 90 days shall only require a zoning compliance permit from the Zoning Administrator.

(3) This section shall not apply to tents erected temporarily (less than three days) for the purpose of holding a party or other similar circumstance.

(C) Portable on-demand storage device (PODS). PODS may be permitted on any property in the township for a period of less than 30 days unless otherwise stated, and shall be subject to the following:

(1) PODS shall not be located within any required yard; and

(2) PODS associated with the construction of a structure on a property may be permitted for the duration of the building permit, plus an additional 30 days past the granting of a final certificate of occupancy.

(Ord. passed 6-28-2006; Ord. passed 10-20-2008)

§ 154.154 CHANGES AND AMENDMENTS.

The Township Board may from time to time, on recommendation from the Planning Commission or on petition, amend, supplement or change the district boundaries or the regulations herein, or subsequently established herein pursuant to the authority and procedure established in Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 et seq., as amended.

(Ord. passed 6-28-2006)

§ 154.155 INTERPRETATION.

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

(B) It is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or ordinance other than the above described Zoning Ordinance, or with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to the law relating to the use of building or premises; provided, however, that where this chapter imposed a greater restriction than is required by existing ordinance or by rules, regulations or permits, the provisions of this chapter shall control.

(Ord. passed 6-28-2006)

§ 154.156 VESTED RIGHT.

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