Canton City Zoning Code

ARTICLE 27

00.- GENERAL PROCEDURES AND RELATED STANDARDS

27.01.- Intent and Purpose.

The intent and purpose of this article is to set forth procedures and standards concerning the following zoning functions:

Site plan review.

Special land use review.

Planned development.

Variances, appeals of decision, and interpretations.

Amendments.

Permits and certificates.

Fees.

Violations and penalties.

Records.

Public Hearings.

Public Notices.

(Ord. of 3-18-2024(1)

27.02. - Site plan review.

Intent. The site plan review procedures and standards in this section are intended to provide a consistent and uniform method of review of proposed development plans, to ensure full compliance with the standards contained in this ordinance and other applicable local ordinances and state and federal laws, to achieve efficient use of the land, to protect natural resources, and to prevent adverse impact on adjoining or nearby properties. It is the intent of the these provisions to encourage cooperation and consultation between the township and the applicant to facilitate development in accordance with the township's land use objectives.

Applicability.

Site plan required. Submission of a site plan shall be required in conjunction with any of the following:

Any use or development for which submission of a site plan is required by provisions of this ordinance.

Any proposal to construct, move, relocate, convert, or structurally alter a building; change or add a use; expand or decrease off-street parking; or fill, excavate, or grade land.

All nonresidential uses permitted in single-family districts such as, but not limited to, churches, schools, and public facilities.

Any change in use that could affect compliance with the standards set forth in this ordinance.

Any special land use, in accordance with section 27.03.

Site plan not required. Submission of a site plan shall not be required for any proposal to construct, move, relocate, convert, or structurally alter a single-family detached house in an RA, RR, or R-1 through R-5 district, or a two-family dwelling in the R-5 district. However, submission of a plot plan in accordance with the adopted building code shall be required for these uses.

Procedures and requirements. Site plans shall be submitted in accordance with the following procedures and requirements:

Applicant. The application shall be submitted by the owner of an interest in land for which site plan approval is sought, or by the owner's designated agent. The applicant or a designated representative shall be present at all scheduled review meetings or consideration of the plan may be tabled due to lack of representation.

Application forms and documentation. The application for site plan review shall be made on the forms and according to the guidelines provided by the planning official.

Site plan preparation. The site plan shall be prepared in the manner specified in this section and on the site plan application form. A site plan which does not meet the stipulated requirements shall be considered incomplete and shall therefore not be subject to formal review. At any time during the course of preparation of a site plan, the township staff shall upon request provide information concerning the zoning ordinance procedures and standards.

Submission of completed site plan. The application materials, required fees, and sufficient copies of the completed site plan (as specified on the application form) shall be submitted to the office of the planning official for review by the township's development review committee. Additionally, wherever sites are proposed for development or redevelopment within the downtown development district of the Charter Township of Canton, the planning official shall submit the site plans to the downtown development authority (DDA) for review and comment prior to review by the planning commission. The DDA has no authority to approve site plans.

Review by development review committee. The development review committee shall review the site plan and application materials, and prepare a written review within two weeks after the development review committee meeting. The written review shall specify any deficiencies in the site plan and make recommendations as appropriate.

Site plan revision and submission of revised plan. The applicant shall revise the site plan, based on the requirements and recommendations set forth in the written review. The applicant shall then submit sufficient copies of the revised plan (as specified on the application form) for further review. If planning commission review is required, the site plan and application materials shall be submitted as least 18 calendar days prior to the planning commission meeting at which review is desired. In addition, the applicant shall prepare a colored rendering and a materials sample board of the revised site plan and have it available for presentation at the planning commission meeting.

Planning commission consideration. If the revised site plan is in compliance with the recommended revisions, it shall be placed on the agenda of the planning commission for review, except where planning commission review is not required as outlined in section 27.02, subsection D. The planning commission shall review the site plan in relation to applicable standards and regulations, and in relation to the intent and purpose of this ordinance. The commission shall consider the comments and recommendations from the planning official, building official, township engineer, public safety official, and other reviewing agencies.

If the planning commission determines that revisions are necessary to bring the site plan into compliance with applicable standards and regulations, the applicant shall be given the opportunity to submit a second revised site plan. Following submission of a second revised plan, the site plan shall be reviewed by the development review committee. If the plan is in compliance with required revisions, the plan shall be placed on the agenda of the next scheduled meeting of the planning commission for further review and possible action.

Planning commission determination. The planning commission shall make a determination based on the requirements and standards in this ordinance. Except as specified in subsection C.9 concerning site plans in the office district, the planning commission is authorized to make a recommendation to the township board to grant approval, grant approval subject to conditions, or reject a site plan, as follows:

Approval. Upon determination that a site plan is in compliance with the standards and requirements of this ordinance and other applicable ordinances and laws, the planning commission shall recommend approval.

Approval subject to conditions. Upon determination that a site plan is in compliance except for minor modifications, the conditions for approval shall be identified and the applicant shall be given the opportunity to correct the site plan. The conditions may include the need to obtain variances or obtain approvals from other agencies.

The applicant may re-submit the site plan to the planning commission for final review after conditions have been met. The planning commission may waive its right to review the revised plan, and instead authorize the planning official to review and recommend approval of the re-submitted plan if all required conditions have been addressed.

Rejection. Upon determination that a site plan does not comply with the standards and regulations set forth in this ordinance, or requires extensive revision in order to comply with said standards and regulations, the planning commission shall recommend that site plan approval be denied.

Planning commission authority concerning office district site plans. The planning commission has final approval authority over site plans involving development in the office (O-1) district. Therefore, the planning commission is authorized to grant approval, grant approval subject to conditions, or reject an office district site plan, subject to the guidelines described previously in subsection C.8. The planning commission may, at its option, defer approval to the township board.

10.

Township board action required. Township board review and approval shall be required under the following circumstances:

All site plans in all zoning districts involving special land uses or variances.

All development for which site plan review is required in residential districts, including RA, RR, R-1 through R-6, MR, and RMH districts.

Site plans involving development in commercial districts (C-1 through C-4, MRD, and HRD districts).

Site plans involving development in industrial districts (LI-1, LI-2, RP and GI districts), except where such plans are reviewed and approved by the township planning official in accordance with section 27.02, subsection D.

Site plans involving development in the office (O-1) district, except where such plans are reviewed and approved by the planning commission and the commission determines that further review by the township board is not necessary.

If not automatically transmitted to the township board under the circumstances cited above, the applicant may request township board review of a site plan. Such a request shall be made in writing, and shall be transmitted to the township planning official.

11.

Submission of plans for township board review. After the planning commission makes a recommendation on the site plan, the applicant shall make any required modifications and submit sufficient copies of the revised site plan (as specified on the application form) for township board review. The site plan and supporting materials shall be submitted at least 11 calendar days prior to a scheduled meeting at which township board review is desired.

12.

Township board determination. The township board shall make a determination based on the requirements and standards in this ordinance, taking into consideration the comments and recommendations of the planning commission, township administrative officials, and other reviewing agencies. The township board is authorized to grant approval, grant approval subject to conditions, or reject a site plan in accordance with the guidelines described previously in subsection C.8.

13.

Recording of site plan review action. Each action taken with reference to a site plan review shall be duly recorded in the minutes of the planning commission or township board, as appropriate. The grounds for action taken upon each site plan shall also be recorded in the minutes.

14.

Application for building permit. Prior to issuance of a building permit, the applicant shall submit proof of the following:

Final approval of the site plan.

Final approval of the engineering plans.

Acquisition of all other applicable township, county, or state permits.

15.

Expiration of site plan. If construction has not commenced within 18 months of final approval of the site plan, the site plan approval becomes null and void and a new application for site plan review shall be required.

16.

Revocation of site plan approval. Approval of a site plan may be revoked by the township board if construction is not in conformance with the approved plans. In such a case, the planning official shall place the site plan on the agenda of the township board for consideration, and give written notice to the applicant at least ten days prior to the meeting. The applicant shall be given the opportunity to present information to the township board and answer questions. The township board may revoke the approval of the site plan if it finds that a violation exists and has not been remedied prior to the hearing.

Administrative review.

Applicability. Administrative review, in accordance with the procedures outlined in this section, shall be required instead of planning commission and/or township board review for site plans which involve the following:

Industrial development. Development in industrial districts (LI-1, LI-2, RP and GI districts) may be reviewed and approved by the planning official in lieu of approval by the township planning commission and township board, provided that such plans do not involve special land uses, variances, or discretionary decisions. The planning official may require review of industrial site plans by the township planning commission and township board if, because of the nature of the use or the scale of development, substantial impact on surrounding land use or the township as a whole could occur.

Minor modifications. Proposals involving minor modifications may be reviewed and approved by the building official. Minor modifications include proposed alterations to a building or site that do not substantially affect the character or intensity of the use, vehicular or pedestrian circulation, drainage patterns, the demand for public services, or the vulnerability to hazards. Examples of minor modifications include:

An addition to an existing building that does not increase or decrease the floorspace by more than 25 percent or 3,000 square feet, whichever is less.

Re-occupancy of a vacant building that has been unoccupied for less than 12 months.

Changes to building height that do not add an additional floor.

Additions or alterations to the landscape plan or landscape materials.

Relocation or screening of the trash receptacle.

Alterations to the internal parking layout of an off-street lot.

The building official shall determine if the proposed modifications are minor in accordance with these guidelines. If the modifications are not deemed minor by the building official, then review and approval by the planning commission shall be required. Planning commission review shall be required for all site plans that involve a request for a variance, a special land use, a proposal that involves a discretionary decision, or a proposal that involves a nonconforming use or structure.

Application requirements and procedures. The application requirements and procedures for administrative review of site plans shall be the same as for normal site plan review, as outlined in this section, except that the planning official is authorized to grant approval, grant approval subject to conditions, or reject a site plan in accordance with the guidelines in this section.

Revisions to approved plans. A site plan approved in accordance with the provisions in this section may be subsequently modified, subject to the following requirements:

Developer instigated revisions. Revisions to an approved plan that are instigated by the developer and other revisions which are not considered minor in nature, based on criteria cited is this section, shall be reviewed by the planning commission in accordance with the site plan review procedures set forth in section 27.02, subsection C.

Minor revisions. Minor revisions to an approved site plan may be reviewed by the township building official or planning official. Minor revisions are changes that do not substantially affect the character or intensity of the use, vehicular or pedestrian circulation, drainage patterns, the demand for public services, or the vulnerability to hazards, and may include the following:

Revisions made necessary by unusual conditions on a site uncovered during the course of construction.

Revisions made necessary by agencies or professionals (such as by county agencies) who are required to review site plans after they have received approval by the township.

Revisions made apparent prior to or during construction that would improve the function or appearance of the site.

Review of minor revisions. The review of minor revisions shall follow the procedures for administrative review in section 27.02, subsection D.

Application data requirements. The following information shall be included with all site plan submittals:

Application form. The application form shall contain the following information:

Applicant's name and address.

Name and address of property owner, if different from applicant.

Common description of property and complete legal description.

Dimensions of land and total acreage.

Existing zoning.

Proposed use of land and name of proposed development, if applicable.

Proposed buildings to be constructed, including square feet of gross floor area.

Proof of property ownership.

Project value.

Employment opportunities created, if applicable.

Site plan descriptive and identification data. Site plans shall consist of an overall plan for the entire development, drawn to a scale of not less than one inch equals 50 feet for property less than three acres, and one inch equals 100 feet for property three acres or more in size. Sheet size shall be at least 24 inches by 36 inches. The following descriptive and identification information shall be included on all site plans:

Applicant's name, address, and telephone number.

Title block indicating the name of the development.

Scale.

North point.

Dates of submission and revisions (month, day, year).

Location map drawn to scale with north point.

Legal and common description of property.

The dimensions of all lots and property lines, showing the relationship of the site to abutting properties. If the site is a part of a larger parcel, the plan should indicate the boundaries of total land holding.

Identification and seal of architect, engineer, land surveyor, or landscape architect who prepared plan.

Written description of proposed land use.

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

Proximity to section corner and major thoroughfares.

Notation of any variances which have or must be secured.

Net acreage (minus rights-of-way) and total acreage, to the nearest one-tenth acre.

Site data.

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

Front, side, and rear setback dimensions.

Topography on the site and within 100 feet of the site at two-foot contour intervals, referenced to a USGS benchmark.

Proposed site plan features, including buildings, roadway widths and names, and parking areas.

Dimensions and centerlines of existing and proposed roads and road rights-of-way.

Acceleration, deceleration, and passing lanes, where required.

Proposed location of driveway entrances and on-site driveways.

Typical cross section of proposed roads and driveways.

Location of existing drainage courses, floodplains, lakes and streams, with elevations.

Location of existing and proposed interior sidewalks and sidewalks in the right-of-way.

Exterior lighting locations and method of shielding lights from shining off the site.

Trash receptacle locations and method of screening, if applicable.

Transformer pad location and method of screening, if applicable.

Parking spaces, typical dimensions of spaces, indication of total number of spaces, drives, and method of surfacing.

Information needed to calculate required parking in accordance with zoning ordinance standards.

The location of lawns and landscaped areas, including required landscaped greenbelts.

Landscape plan, prepared and sealed by a registered landscape architect, including location and type of shrubs, trees, and other live plant material.

Location, sizes, and types of existing trees six inches or greater in diameter, measured at 4½ feet above grade, before and after proposed development.

Cross section of proposed berms.

Location and description of all easements for public rights-of-way, utilities, access, shared access, and drainage.

Designation of fire lanes.

Loading/unloading area.

The location of any outdoor storage of materials and the manner by which it will be screened.

Building and structure details.

Location, height, and outside dimensions of all proposed buildings or structures.

Indication of the number of stories and number of commercial or office units contained in the building.

Building floor plans.

Total floor area.

Location, size, height, and lighting of all proposed signs.

Proposed fences and walls, including typical cross section and height above the ground on both sides.

Building facade elevations, drawn to a scale of one inch equals four feet, or another scale approved by the planning official and adequate to determine compliance with the requirements of this ordinance. Elevations of proposed buildings shall indicate type of building materials, roof design, projections, canopies, awnings and overhangs, screen walls and accessory buildings, and any outdoor or roof-located mechanical equipment, such as air conditioning units, heating units, and transformers. Calculations to indicate the amount of exterior materials used for the building wall with the materials identified to indicate compliance with the requirements of [section] 26.06.

Master sign plan prepared in conjunction with the requirement of section 6A.22.

Information concerning utilities, drainage, and related issues.

Schematic layout of existing and proposed sanitary sewers and septic systems; water mains, well sites, and water service leads; hydrants that would be used by public safety personnel to service the site; storm sewers and drainage facilities, including the location of retention/detention facilities; and, the location of gas, electric, and telephone lines.

Indication of site grading and drainage patterns.

Types of soils and location of floodplains and wetlands, if applicable.

Soil erosion and sedimentation control measures.

Proposed finish grades on the site, including the finish grades of all buildings, driveways, walkways, and parking lots.

Assessment of potential impacts from the use, processing, or movement of hazardous materials or chemicals, if applicable.

Information applicable to multiple-family residential development.

The number and location of each type of residential unit (one-bedroom units, two-bedroom units, etc.).

Density calculations by type of residential unit (dwelling units per acre).

Lot coverage calculations.

Floor plans of typical buildings with square feet of floor area.

Garage and carport locations and details, if proposed.

Pedestrian circulation system.

Location and names of roads and internal drives.

Community building location, dimensions, floor plans, and facade elevations, if applicable.

Swimming pool fencing detail, including height and type of fence, if applicable.

Location and size of recreation open areas.

Indications of type of recreation facilities proposed for recreation area.

Colored rendering of typical building.

Information applicable to mobile home parks.

Location and number of pads for mobile homes.

Distance between mobile homes.

Proposed placement of mobile home on each lot.

Average and range of size of mobile home lots.

Density calculations (dwelling units per acre).

Lot coverage calculations.

Garage and carport locations and details, if proposed.

Pedestrian circulation system.

Location and names of roads and internal drives.

Community building location, dimensions, floor plans, and facade elevations, if applicable.

Swimming pool fencing detail, including height and type of fence, if applicable.

Location and size of recreation open areas.

Indications of type of recreation facilities proposed for recreation area.

Information applicable to commercial and industrial development.

Type of commercial or industrial use being proposed.

Indications of the estimated number of employees.

Colored rendering of the building.

10.

Nonapplicable items. If any of the items listed are not applicable to a particular site, the site plan shall provide a list of each item considered not applicable, and the reason(s) why each listed item is not considered applicable.

11.

Other required data. Other data may be required if deemed necessary by administrative officials, planning commission, or township board to determine compliance with the provisions in this ordinance. Such information may include traffic studies, market analysis, environmental assessments, and evaluation of the demand on public facilities and services.

Standards for site plan approval. The following criteria shall be used as a basis upon which site plans will be reviewed and approved:

Adequacy of information. The site plan shall include all required information in sufficiently complete and understandable form to provide an accurate description of the proposed uses and structures.

Site design characteristics. All elements of the site design shall be harmoniously and efficiently organized in relation to topography, the size and type of parcel, the character of adjoining property, and the type and size of buildings. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted by this ordinance.

Appearance. Landscaping, earth berms, fencing, signs, walls, and other site features shall be designed and located on the site so that the proposed development is aesthetically pleasing and harmonious with nearby existing or future developments.

Compliance with district requirements. The site plan shall comply with the district requirements for minimum floorspace, height of building, lot size, open space, density and all other requirements set forth in the schedule of regulations (article 26.00), unless otherwise provided in this ordinance.

Preservation of natural areas. The landscape shall be preserved in its natural state as much as possible, by minimizing tree and soil removal, alteration to the natural drainage courses, and the amount of cutting, filling, and grading.

Privacy. The site design shall provide reasonable visual and sound privacy. Fences, walls, barriers, and landscaping shall be used, as appropriate, for the protection and enhancement of property and the safety and privacy of occupants and users.

Emergency vehicle access. All buildings or groups of buildings shall be so arranged as to permit convenient and direct emergency vehicle access.

Ingress and egress. Every structure or dwelling unit shall be provided with adequate means of ingress and egress via public streets and walkways.

Pedestrian circulation. The site plan shall provide a pedestrian circulations system which is insulated as completely as is reasonably possible from the vehicular circulation system.

10.

Vehicular and pedestrian circulation layout. The arrangement of public and common ways for vehicular and pedestrian circulation shall respect the pattern of existing or planned streets or pedestrian or bicycle pathways in the vicinity of the site. The width of streets and drives shall be appropriate for the volume of traffic they will carry. In order to insure public safety and promote efficient traffic flow and turning movements, the applicant may be required to limit street access points or construct a secondary access road.

11.

Drainage. Appropriate measures shall be taken to insure that the removal of surface waters will not adversely affect adjoining properties or the capacity of the public or natural storm drainage system. Provisions shall be made for a feasible storm drainage system, the construction of stormwater facilities, and the prevention of erosion. Surface water on all paved areas shall be collected at intervals so that it will not obstruct vehicular or pedestrian traffic and will not create nuisance ponding in paved areas. Final grades may be required to conform to existing and future grades of adjacent properties. Grading and drainage plans shall be subject to review by the township engineer.

12.

Soil erosion and sedimentation. The proposed development shall include measures to prevent soil erosion and sedimentation.

13.

Exterior lighting. Exterior lighting shall be designed so that it is deflected away from adjoining properties and so that it does not impede vision of drivers along adjacent streets.

14.

Public services. Adequate services and utilities, including water, sanitary sewer, and stormwater control services, shall be available or provided, and shall be designed with sufficient capacity and durability to properly serve the development.

15.

Screening. Off-street parking, loading and unloading areas, outside refuse storage areas, and other storage areas that are visible from adjacent homes or from public roads, shall be screened by walls or landscaping of adequate height.

16.

Vulnerability to hazards. The level of vulnerability to injury or loss from incidents involving hazardous materials or processes shall not exceed the capability of the township to respond to such hazardous incidents so as to prevent injury and loss of life and property. In making such an evaluation, the township shall consider the location, type, characteristics, quantities, and use of hazardous materials or processes in relation to the personnel, training, equipment and materials, and emergency response plans and capabilities of the township.

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

17.

Health and safety concerns. Any use in any zoning district shall comply with applicable federal, state, county, and local health and pollution laws and regulations with respect to noise; dust, smoke and other air pollutants; vibration; glare and heat; fire and explosive hazards; gases; electromagnetic radiation; radioactive materials; and, toxic and hazardous materials.

18.

Sequence of development. All development phases shall be designed in logical sequence to insure that each phase will independently function in a safe, convenient and efficient manner without being dependent upon subsequent improvements in a later phase or on other sites.

19.

Coordination with adjacent sites. All site features, including circulation, parking, building orientation, landscaping, lighting, utilities, common facilities, and open space shall be coordinated with adjacent properties.

20.

Barrier-free access. All development shall comply with applicable federal, state, and local laws and regulations regarding barrier-free access.

21.

Lighting. Site lighting shall be provided in accordance with provisions of section 2.13.

State Law reference— Site plans, MCL 125.286e.

27.03. - Special land use review procedures and standards.

Intent. The procedures and standards in this section are intended to provide a consistent and uniform method for review of proposed plans for special land uses. Special land uses are uses, either public or private, which possess unique characteristics and therefore cannot be properly classified as a permitted use in a particular zoning district (see definitions, section 1.03). The review procedures and standards are intended to ensure full compliance with the standards contained in this ordinance and other applicable local ordinances, and state and federal laws, to achieve efficient use of the land, to protect natural resources, and to prevent adverse impact on adjoining or nearby properties. It is the intent of these provisions to encourage cooperation and consultation between the township and the applicant to facilitate development in accordance with the township's land use objectives.

Procedures and requirements. The following procedures and requirements shall be complied with in the review of special land use proposals:

Applicant. The application shall be submitted by the owner of an interest in land for which special land use approval is sought, or by the owner's designated agent. The applicant or a designated representative shall be present at all scheduled review meetings or consideration of the proposal may be tabled due to lack of representation.

Application forms and documentation. The application for special land use review shall be made on the forms and according to the guidelines provided by the planning official.

Application data requirements. For all special land uses, a preliminary site plan shall be required in accordance with section 27.03[, subsection] B.4. In addition, the applicant shall complete any forms and supply any other data as may be required by the planning commission, township board, or planning official to make the determination required, including a written statement documenting compliance with the standards set forth in section 27.03, subsection C. Data requirements and regulatory guidelines for certain special land uses are set forth in article 6.00, Site Development Standards Applicable to Specific Uses.

Preliminary site plan preparation. The preliminary site plan shall be prepared in the manner specified in this section and on the special land use application form. A preliminary site plan which does not meet the stipulated requirements shall be considered incomplete and shall therefore not be subject to formal review. At any time during the course of preparation of a preliminary site plan, the township staff shall upon request provide information concerning the zoning ordinance procedures and standards.

A preliminary site plan shall include the following information:

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

The shape, size and location of existing and proposed buildings, parking areas and service drives, and loading zones within 300 feet of the subject property; and the location of existing and proposed public streets serving the property; and indication of all natural features including topography and soils.

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

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

Submission of a preliminary plan. The application materials, required fees, and sufficient copies of the completed preliminary site plan (as specified on the application form) shall be submitted to the office of the planning official for review by the township's development review committee.

Review by the development review committee. The development review committee shall review the preliminary site plan and special land use application materials, and prepare a written review with two weeks after the development review committee meeting. The written review shall specify any deficiencies in the preliminary site plan and make recommendations as appropriate.

Submission of revised preliminary plan and special land use application. The applicant shall revise the preliminary site plan, based on the requirements and recommendations set forth in the written review. The applicant shall then submit sufficient copies of the revised preliminary plan (as specified on the application form) for further review, and a public hearing shall be scheduled in accordance with the guidelines set forth below. The revised site plan and application materials shall be submitted at least 35 calendar days prior to a scheduled meeting at which planning commission review is desired. In addition, the applicant shall prepare a colored rendering of the revised preliminary site plan for presentation at the planning commission meeting.

Public hearing. Upon receipt of the complete preliminary plan and application for a special land use, a public hearing shall be scheduled. Planning Commission public hearings for special land uses shall be consistent with §27.12 Public Hearings.

Planning commission consideration. Following the public hearing, the special land use proposal and preliminary site plan shall be reviewed by the planning commission in relation to applicable standards and regulations, and in relation to the intent and purpose of this ordinance. The commission shall consider the comments and recommendations from the planning official, building official, township engineer, public safety official, and other reviewing agencies.

If the planning commission determines that revisions are necessary to bring the special land use proposal into compliance with applicable standards and regulations, the applicant shall be given the opportunity to submit a revised preliminary site plan. Following submission of a revised preliminary plan, the special land use proposal and preliminary site plan shall be reviewed by the development review committee. If the preliminary site plan is in compliance with required revisions, the preliminary plan shall be placed on the agenda of the next scheduled meeting of the planning commission for further review and possible action.

10.

Planning commission determination. The planning commission shall review the application for a special land use proposal, together with the public hearing findings and reports and recommendations from the building official, planning official, township engineer, public safety official, and other reviewing agencies. The planning commission shall then make a recommendation to the township board, based solely on the requirements and standards of this ordinance. The planning commission may recommend approval, approval with conditions, or denial as follows:

Approval. Upon determination that a special land use proposal is in compliance with the standards and requirements of this ordinance and other applicable ordinances and laws, the planning commission shall recommend approval.

Approval with conditions. Upon determination that a special land use proposal is in compliance except for minor revisions, the revision shall be identified and the applicant shall be given the opportunity to correct the site plan. The conditions may include the need to obtain variances or obtain approvals from other agencies.

The applicant may re-submit the proposal to the planning commission for further consideration after said revisions have been completed, or the planning commission may recommend the preliminary plan to the township board with conditions.

Denial of approval. Upon determination that a special land use proposal does not comply with standards and regulations set forth in this ordinance, or requires extensive revision in order to comply with said standards and regulations, the planning commission shall recommend denial.

11.

Submission of preliminary plans for township board review. After the planning commission makes a recommendation on the special land use proposal and preliminary plan, the applicant shall make any required revisions and submit sufficient copies of the revised preliminary plan (as specified on the application form) for township board review. The preliminary site plan and supporting materials shall be submitted at least 11 calendar days prior to a scheduled meeting at which township board review is desired.

12.

Township board determination. The township board shall make its determination based on the requirements and standards of this ordinance, taking into consideration the public hearing findings and reports and recommendations from the building official, planning official, township engineer, public safety official, and other reviewing agencies. The township board may hold additional hearings if the board considers it necessary. The township board is authorized to approve, approve with conditions, or deny a special land use proposal as follows:

Approval. Upon determination that a special land use proposal is in compliance with the standards and requirements of this ordinance and other applicable ordinances and laws, approval shall be granted.

Approval with conditions. The township board may impose reasonable conditions with the approval of a special land use. The conditions may include provisions necessary to insure that public services and facilities affected by a proposed special land use or activity will be capable of accommodating increased service and facility loads generated by the new development, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:

Conditions shall be designed to protect natural resources, the health, safety, and welfare and the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

Conditions shall be related to the valid exercise of the police power, and purposes which are affected by the proposed use or activity.

Conditions shall be necessary to meet the intent and purpose of the zoning ordinance, related to the standards established in the ordinance for the land use or activity under consideration, and necessary to insure compliance with those standards.

Denial. Upon determination by the township board that a special land use proposal does not comply with the standards and regulations set forth in this ordinance, or otherwise will be injurious to the public health, safety, welfare, and/or orderly development of the township, a special land use proposal shall be denied.

13.

Recording of planning commission and township board action. Each action taken with reference to a special land use proposal shall be duly recorded in the minutes of the planning commission or township board, as appropriate. The minutes shall record the findings of fact relative to each special land use proposal, the grounds for action taken, and any conditions imposed in conjunction with approval. All records of proceedings shall be kept on file and made available to the public.

14.

Final site plan review and application for building permit. Following approval of a special land use and preliminary site plan, the applicant shall submit a site plan prepared, processed and reviewed in accordance with section 27.02 (site plan review). The planning commission shall not review a final site plan prior to approval of the special land use by the township board.

Prior to issuance of a building permit, the applicant shall submit proof of the following:

Final approval of the special land use application and site plan.

Final approval of the engineering plans.

Acquisition of all other applicable township, county, or state permits.

15.

Expiration of approval. Where a special land use has been granted approval as provided herein, submission of a site plan in accordance with section 27.02 must be submitted to the township within one year from the date of special land use approval, or such approval shall automatically become null and void. However, the planning commission may grant an extension thereof for good cause shown under such terms and conditions and for such period of time not exceeding six months as it shall determine to be necessary and appropriate. If construction has not commenced within 18 months of final approval of the site plan, the site plan and special land use approval becomes null and void and a new application for special land use and site plan review shall be required.

16.

Revocation of special land use approval. Approval of a special land use proposal and site plan may be revoked by the township board if construction is not in conformance with the approved plans. In such a case, the planning official shall place the special land use on the agenda of the township board for consideration, and give written notice to the applicant at least five days prior to the meeting. The applicant shall be given the opportunity to present information to the township board and answer questions. The township board may revoke approval if it finds that a violation exists and has not been remedied prior to the hearing.

Standards for granting special land use approval. Approval of a special land use proposal shall be based on the determination that the proposed use will comply with all applicable requirements of this ordinance, including site plan review criteria set forth in section 27.02, applicable site development standards for specific uses set forth in article 6.00, and the following standards:

Compatibility with adjacent uses. The proposed special land use shall be designed, constructed, operated and maintained to be compatible with uses on surrounding land. The site design of the proposed special land use shall minimize the impact of site activity on surrounding properties. In determining whether this requirement has been met, consideration shall be given to:

The location and screening of vehicular circulation and parking areas in relation to surrounding development.

The location and screening of outdoor storage, outdoor activity or work areas, and mechanical equipment in relation to surrounding development.

The hours of operation of the proposed use. Approval of a special land use may be conditioned upon operation within specified hours considered appropriate to ensure minimal impact on surrounding uses.

The bulk, placement, and materials of construction of the proposed use in relation to surrounding uses.

Compatibility with the master plan. The proposed special land use shall be compatible with and in accordance with the general principles and objectives of the township's master plan and shall promote the intent and purpose of this ordinance.

Public services. The proposed special land use shall be located so as to be adequately served by essential public facilities and services, such as highways, streets, police and fire protection, drainage systems, water and sewage facilities, and schools.

Impact of traffic. The location of the proposed special land use within the zoning district shall minimize the impact of the traffic generated by the proposed use. In determining whether this requirement has been met, consideration shall be given to the following:

Proximity and access to major thoroughfares.

Estimated traffic generated by the proposed use.

Proximity and relation to intersections.

Adequacy of driver sight distances.

Location of and access to off-street parking.

Required vehicular turning movements.

Provision for pedestrian traffic.

Detrimental effects. The proposed special land use shall not involve any activities, processes, materials, equipment, or conditions of operation, and shall not be located or designed so as to be detrimental to public health, safety, and welfare. In determining whether this requirement has been met, consideration shall be given to the production of traffic, noise, vibration, smoke, fumes, odors, dust, glare, and light.

Enhancement of surrounding environment. The proposed special land use shall provide the maximum feasible enhancement of the surrounding environment, and shall not unreasonably interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value. In determining whether this requirement has been met, consideration shall be given to:

The provision of landscaping and other site amenities. Provision of additional landscaping over and above the requirements of this ordinance may be required as a condition of approval of a special land use.

The bulk, placement, and materials of construction of proposed structures in relation to surrounding uses.

Isolation of existing uses. The location of the proposed special land use shall not result in a small residential area being substantially surrounded by nonresidential development, and further, the location of the proposed special land use shall not result in a small nonresidential area being substantially surrounded by incompatible uses.

The approval of a special land use provision is a privilege granted when it can be demonstrated that there is an overriding and compelling benefit which is in the best interest of the township as well as the petitioner. The petitioner must demonstrate that the proposed use will enhance the economic well-being and welfare of the township and does not result in excessive duplication of provision of goods and services within the community.

(Ord. of 9-19-2002; Ord. of 9-26-2006; Ord. of 3-18-2024(1))

State Law reference— Special land uses, MCL 125.286b.

27.04. - Planned development.

Intent. The intent of this article is to permit flexibility in the regulation of land development; encourage innovation in land use in terms of variety, design, layout, and type of structures constructed; achieve economy and efficiency in the use of land, natural resources, energy, and the provision of public services and utilities; encourage useful open space; encourage aesthetic development; encourage the preservation of cultural and historical buildings; provide better housing, employment, and shopping opportunities particularly suited to the needs of the residents of this township, ensure compatibility of a proposed planned development with adjacent uses of land and to promote the use of land in a socially and economically desirable manner. Planned developments must be consistent with the Charter Township of Canton Comprehensive Plan and must not be contrary to the purpose of the zoning regulations contained in the Charter Township of Canton Zoning Ordinance. Regulations for planned development are intended to accomplish the purpose of zoning, subdivision and other applicable township regulations to the same degree that such regulations are intended to control development on a lot-by-lot basis. It is the intent of the planned development regulations to promote and encourage development where parcels of land are suitable in size, location and character for the uses and structures proposed and encourage development in a uniform and coordinated manner. If the planned development request is not approved, the underlying zoning classification remains in place and the property must be developed pursuant to existing zoning requirements and procedures as found in the Charter Township of Canton Zoning Ordinance.

Definitions.

Approved planned developments: A minor or final major planned development which has been formally reviewed by the planning commission and formally reviewed and approved by the board of trustees. The board of trustees may approve a planned development plan with conditions, and approval with conditions is considered to be approval for the purposes of defining "approved planned development," but only if the applicant satisfies the conditions.

Average acre: Average acre is used to calculate the density for multiple-family residential uses; and for this density calculation, an average acre includes all the area reasonably designated as pertaining to multiple-family residential uses, and shall include areas designated as pertaining to and auxiliary to that principle use, including open space and recreational facilities.

Definite benefit: A clear, explicit, substantial and ascertainable benefit which will inure to the users of the planned development project or to the residents of the Charter Township of Canton as a result of the planned development and which would not be available under the existing, underlying zoning classification or otherwise. Definite benefits include but are not limited to preservation of natural resources and natural features; preservation of historical and architectural features of a significant quality and quantity in need of protection or preservation on a local, state or national basis; significantly reducing non-conforming uses or structures; and the presence or preservation of aesthetically pleasing structures of a significant quantity and quality.

Definite benefits shall always include:

•

Architectural design assurances which result in creation of a sense of place and community within the development and benefits the community as a whole. This can be achieved through defined design guidelines, pattern books, model sheets, and other similar methods of architectural control.

•

Preservation and enhancement of existing natural resources and natural features on the site and provision of open space which is usable and accessible.

Definite benefits may also include one or more of the following additional features, based upon scale and nature of the project and appropriateness to the project:

•

Provision of public and private parks with appropriate improvements (including walking paths, picnic areas, playing fields and courts, play ground equipment, etc).

•

Construction of new trails on-site and complete missing links in the overall trail system which may exist off site which would assist in connecting open space system within the development to other parks, trails and community recreational facilities in accordance with the leisure services master plan.

•

Provision of regional stormwater facilities which result in substantial improvements to water quality and establishes environmental features which create and enhance natural habitat.

•

Construction of off-site water, sewer and roadway/intersection capacity improvements which eliminate existing deficiencies and or improve the level of service of those facilities (not merely mitigating the impact of the proposed development).

•

Site design amenities, such as provision of enhanced water features; specialized street furnishings including street signs, mailboxes, lights, etc.; neighborhood parks that are fully developed; etc.

•

Provision of space for public art within the project and/or contribution of or commission of art for installation of art at another predetermined location within the community.

Fiscal impact: The economic effect that the project would have on the Charter Township of Canton, including, but not limited to, the estimated additional tax revenues which the township would receive as a result of the project, and the additional need, if any, for township public services such as the need for additional police and fire protection and public schools support; the generation of municipal refuse and the like.

Major modifications: Major modifications are changes to already approved planned developments of a more significant nature than minor modifications, and include, but are not limited to, changes in uses, building heights, densities, set backs, appearance of buildings and building facades and an increase or decrease in the amount of acreage included in the planned development.

Man-made features: Man-made features include, but are not limited to streets, rights-of-way, easements, utilities, walls and sewers.

Minor modification: Minor modifications are slight changes to approved planned developments, including, but not limited to correcting errors in the development plan, slightly altering berming and landscaping, adding or relocating fire escapes, adding or altering additional sidewalks and relocating refuse collection areas.

Natural features: Natural features include, but are not limited to flood plains, geological formations, mineral deposits, soils, trees and vegetation, water bodies and wetlands.

Planned development (major and minor): A planned development may include such land use concepts as planned unit development, cluster zoning, community unit plan, planned residential development, and other terminology denoting zoning requirements designed to accomplish the objectives of the Charter Township of Canton Zoning Ordinance through a land development project review process based on the application of site planning criteria to achieve integration of the proposed land development project with the characteristics of the project area.

10.

Planned unit development: See Planned development.

11.

Planning official: The employee or official of the Charter Township of Canton designated by the board of trustees as the individual principally responsible for administering the application for planned developments under this article.

12.

Preliminary planned development: A proposal for a major planned development which has been formally submitted by an applicant, including a preliminary site plan and the information and documents required in subsection 27.04.E. of this article, but which has not been formally reviewed by both the planning commission and the board of trustees.

12a.

Minor planned development: A proposal for a minor planned development which has been formally submitted by an applicant, including a preliminary site plan and the information and documents required in subsection 27.04E of this article which will be reviewed by both the planning commission and the board of trustees as a final planned development. A minor planned development shall not exceed the thresholds defined in subsection 27.04.D.

13.

Recreational facilities: Recreational facilities are such amenities which serve the needs of the planned development users or the residents of the Charter Township of Canton for pleasure, sporting, athletic, or leisure activities, including, but not limited to, swimming pools, tennis courts, golf course, horseback riding stables and riding trails, bicycle trails, hiking trails, exercise trails, playgrounds, soccer fields and baseball diamonds.

14.

Minor or final major planned development: A proposal for a final planned development which has been formally reviewed and tentatively approved by the board of trustees. Approval with conditions is considered to be approval for the purposes of defining a "final major or minor planned development", but only if the applicant satisfies the conditions.

15.

Underlying classification: The underlying classification is the zoning classification and regulations applicable to the subject property under the provisions of the Charter Township of Canton Zoning Ordinance which are applicable to the property at the time that an applicant submits an application to develop a planned development.

16.

Unified control: Unified control is single ownership or control such that there is a single person, group of persons or entity having exclusive responsibility for completing the planned development project in conformance with the Charter Township of Canton Zoning Ordinance and this article. Any transfer of ownership or control of the subject property is permissible, provided that the applicant give 30 days notice prior to the transfer to the Planning Official of the Charter Township of Canton; however, in the event of transfer of ownership or control the transferee is bound by the planned development plan and must complete the project in conformity with this ordinance and this article.

Permitted uses and structures.

All uses authorized in the Charter Township of Canton Zoning Ordinance may be considered for planned development subject to the limitations of this article, except that uses found exclusively in industrial zoning classifications are hereby prohibited from being included in a planned development.

All structures proposed for a planned development must conform to all standards established in this ordinance unless specifically altered pursuant to a planned development plan approved in conformance with the regulations of this article.

Development regulations—Proposed planned development shall comply with the following development regulations.

Aesthetics: The proposed planned development must be aesthetically pleasing and be an integrated development with respect to building facades, building materials, landscape and berming, noise and visual screening mechanisms, and signage.

Consistency with master land use plan and zoning ordinance: The proposed planned development must not be contrary to the spirit and purposes of the regulations contained in the zoning ordinance and master land use plan for the Charter Township of Canton, in light of the characteristics, benefits and amenities and design of the proposed development.

Compliance with applicable regulations: Planned developments shall be in compliance with all local regulations, unless specifically altered in accordance with this article, and with all applicable federal and state regulations.

Definite benefit: The planned development must result in a definite benefit to residents of the Charter Township of Canton or the planned development's users which would not be present without a planned development and which would not be available under the existing, underlying zoning classification or otherwise.

Density: The density requirements of the planned development shall be those of the underlying zoning classification unless varied, where permitted under this section, at the discretion of the board of trustees and in conformance with and pursuant to this article.

Maximum densities: The following maximum densities cannot be altered:

Multiple family residential uses: In no case shall the average acre designated for multiple-family residential (MR) uses contain a density of 12 or more units.

Attached single-family residential uses: In no case shall any acre in a single-family attached residential (R-6) area exceed eight units per acre.

Detached single-family residential uses: In no case shall any acre in a single-family detached residential area exceed the density of the underlying zoning classification, unless the density requirements pertaining to an overlay district provide for a higher density.

Maintenance: All privately-owned common open space shall conform to its intended purpose and remain as shown in the planned development plan. Deed restrictions or covenants shall govern the maintenance of privately owned common space. Required maintenance standards or maintenance activities shall be included in the deed restrictions or covenants. The deed restrictions or covenants shall provide for the Charter Township of Canton to assess private property owners with an interest in common open space for the cost of maintenance in the event that inadequate private maintenance results in a public nuisance. Deed restrictions and covenants shall run with the land and be for the benefit of present as well as future property owners.

Minimum size of planned development:

Minor PDD - less than 20 acres, and under 100 dwelling units or under 40,000 square feet of commercial space.

Major PDD - 20 acres or greater, 100 dwelling units or greater or 40,000 square feet of commercial or greater. If the proposal is under 20 acres but exceeds 100 dwelling units and/or 40,000 square feet of commercial space, the project is classified as a major PDD.

Natural habitat: The development must comply with all local laws and regulations addressing the preservation and enhancement of the environment.

Need and market demand: There must be a community need and market demand for the uses contained in the proposed planned development.

10.

Negative impact: The proposed planned development shall not result in an unreasonably negative:

Fiscal impact on the township;

Economic impact on surrounding properties; or

Impact upon the future development of the area.

11.

Open space and public and recreational facilities; bond: All common open space, as well as public and recreation facilities, shall be specifically included in the development plan schedule and be constructed and fully improved by the developer. A bond shall be submitted by the developer to the department of building and engineering to assure completion of all unfinished common areas prior to the occupancy of any portion of the development.

12.

Open space requirement and computation: Planned developments shall exhibit and maintain a total open space requirement equal to at least 25 percent of the gross area of the planned development. All previous land areas within required boundary setbacks may be included in the open space computation. The area contained in public or private street right-of-way and parking lots may not be included in the open space computation.

13.

Public access and traffic impact: Each dwelling unit or other permitted use shall have access to a public street either directly or indirectly via a private approach road, pedestrian way, court or other area dedicated by common easement guaranteeing access. Permitted uses are not necessarily required to front on a dedicated road. The township shall be allowed access on privately owned roadways, easements and common open space to insure the police and fire protection of the area, to meet emergency needs, to conduct township services, and to generally insure the health and safety of the residents of the planned development. Access shall be allowed for other public and quasi public emergency vehicles such as ambulances and the like. The planned development must contain sufficient road improvements to provide vehicular access to all buildings and other areas of the site in accordance with the local standards. The traffic generated by the planned development shall not unreasonably impact surrounding properties and uses. In determining whether this requirement has been met, consideration shall be given to several factors, including but not limited to:

Access to major thoroughfares, and the adequacy and existing traffic count of such nearby thoroughfares;

Adequacy of driver sight distances;

Estimated traffic to be generated by the proposed development;

Location of and access to off-street parking;

Provisions for pedestrian traffic;

Proximity in relation to intersections; and

Required vehicular turning movement.

14.

Recreational needs: Any planned development which includes a residential use must provide recreational facilities adequate to service the users of the residential portion of the planned development.

15.

Required setbacks and yards: Yard areas, building setbacks, spacing between buildings and landscape buffering between internal planned development uses and on the perimeter of the planned development shall be specified in the planned development agreement. The agreement must indicate that the provisions of the underlying zoning classification shall be applicable or, alternatively, describe other reasonable requirements by way of providing an illustrative map and narrative description of same, and said narrative description must state why the existing provisions contained in the regulations addressing the underlying zoning classification are not desired and why the alternative requirements better advance the public health, safety, welfare and aesthetics of the Charter Township of Canton, its residents, and the users of the planned development project.

16.

Unified control: All land included for the purpose of development within a planned development shall be under the unified control of the applicant (an individual, partnership, or corporation or group of individuals, partnerships or corporations), and the applicant must provide legal documentation evidencing the same to the satisfaction of the Charter Township of Canton and its attorneys.

Planned Development Submission Requirements. In addition to the information requirements of article 27.00 the applicant must submit the following information and adhere to the following procedures:

Pre-application conference. Prior to filing a formal request for a planned development and prior to a public hearing, the applicant must informally meet with the township planning official to discuss the proposed development. The pre-application conference is intended to be informative and advisory in nature, and affords the applicant the opportunity to discuss the land use and planning policies of the Charter Township of Canton. The applicant must present a preliminary site plan for the contemplated planned development at or before the pre-application conference. The planning official shall notify the planning commission and board of trustees of the date and time of the pre-application conference. The members of the planning commission and board of trustees are not required to attend the pre-application conference. Any and all statements made by the Charter Township of Canton Board of Trustees, planning officials, planning commissioner, attorney, agent or representative have no legal force and are not legal and binding promises, commitments or contracts.

The applicant must also include for presentation the following information at the pre-application conference:

Legal documentation evidencing unified control of the land upon which the planned development is proposed.

A legal description of the subject property.

The estimated total number of acres to be developed.

The estimated total number of acres per proposed use.

The relative locations of the different uses in the proposed planned development.

The estimated density for each use.

The known deviations and alterations from the regulations addressing the underlying zoning classification.

The estimated number of acres to be used as open space.

The estimated number of acres to be used for recreational purposes.

At least a sketch of the exterior facades of all buildings and structures which are contemplated to be erected.

The location and approximate number of acres of wetlands and any other environmentally sensitive areas of land.

The location and estimated number of acres of natural resources and natural features which are to be preserved.

Within 180 days following the pre-application conference, the applicant must formally submit a formal application, and a minor or preliminary planned development proposal in conformance with this article, to the planning commission. The application shall contain:

The overall planned development plan shall show the proposed planned development divided into land use modules as follows:

Residential uses by density and housing type.

Office and Commercial land uses.

Open space and recreational facilities.

Other land uses.

A map showing the zoning designations for all land within one-quarter mile of the proposed planned development.

Map and narrative explanations of the relationship of the proposed planned development to the Charter Township of Canton Master Land Use Plan.

Map and narrative analysis of natural features and man-made features. The map and analysis shall show the location and nature of significant natural and man-made features on and near the site.

An analysis of the traffic impact of the planned development on existing and proposed streets, including current traffic counts on surrounding roads and streets.

An analysis of the fiscal impact of the planned development of the Charter Township of Canton.

A phasing schedule for development of all facilities which must include dates for site plan approval and completion of construction for each phase of the plan.

A map and narrative explanation of the location and amount of parking for the planned development, an analysis of the adequacy thereof.

A sketch of typical exteriors and architectural elevations.

Copies of agreements, contracts, covenants, and deed restrictions necessary for the completion of the development and for continuing operation and maintenance of such areas, functions and facilities which are not to be provided, operated or maintained at public expense.

An analysis of the market need for and economic feasibility of the proposed planned development as a whole and for each of the development's uses.

Review of planned development proposals.

General review procedures.

Prior to consideration by the planning commission and board of trustees all notice requirements, in accordance with state and local special land use regulations, shall be fulfilled. Public hearings will be held by the township planning commission in accordance with special land use procedures outlined in section 27.03.

The planning commission may recommend by motion to the township board of trustees that the planned development plan be granted as submitted, granted subject to stated stipulations and conditions, or denied. In making its recommendation, the planning commission shall find that the plans, maps, and documents submitted have met or have failed to meet the requirements of these regulations, and the planning commission shall put its findings in writing.

The township board of trustees shall, after due consideration, enact or deny planned development special land use approval for the subject property as submitted or grant approval subject to stated stipulations and conditions. The approved planned development plan shall include all required submissions.

Subsequent to final approval, all elements of the plan shall proceed in accordance with the site plan review and provisions of this ordinance. Site plan approval and subdivision approval shall be granted only for developments which conform to the submissions incorporated into the planned development plan.

Development shall occur in accordance with the phasing schedule submitted as a part of the approved planned development plan. Individual elements of the plan may be executed earlier than dates provided. However, the sequence of development may not be modified without prior written agreement of both parties. In the event the project sponsor fails to complete any element of the plan consistent with the schedule, the township may rescind approval of any or all of the undeveloped planned elements included in the phasing schedule.

Specific review procedures for minor and major planned developments. Applicant must follow provisions in section 27.04 of this article addressing planned development submission requirements.

Review of preliminary major planned developments.

The planning commission shall review a preliminary major planned development and must make a written resolution, either recommending approval or denial of the application to the board of trustees, or making written inquiries and suggestions to the applicant, the applicant must respond in writing to each and every such inquiry and suggestion within 30 days of the date of mailing. Within 30 days of receipt of such timely responses, the planning commission shall make a recommendation to the board of trustees in the form of a written resolution.

The board of trustees shall review a preliminary major planned development and must act on it or make written inquiries and suggestions to the applicant in the form of a written resolution within 60 days of receiving a recommendation from the planning commission. If the board of trustees makes such inquiries and suggestions to the applicant, the applicant must respond in writing to each and every such inquiry and suggestion within 30 days of the date of the mailing. Within 30 days of receipt of such timely responses, the board of trustees shall approve or deny the preliminary major planned development.

Preliminary major planned developments which are approved by the board of trustees are then considered final planned developments, and the township clerk shall immediately forward final planned developments to the planning commission with the general review procedures, supra, and the provisions of the subsection entitled "Review of Final Planned Developments," infra.

Review of minor and final major planned developments.

The planning commission shall review minor or final major planned developments and make a recommendation to the board of trustees with respect thereto within 30 days of receiving the minor or final major planned development from the township clerk.

The board of trustees shall review the minor or final major planned development and approve or deny the minor or final major planned development within 30 days of the recommendation with respect thereto of the planning commission.

Effect of approval of a minor or final major planned development and approved planned development.

A minor or final major planned development which is approved by the board of trustees is considered an approved planned development, provided that the applicant conforms to the conditions placed upon the minor or final major planned development, if any, by the board of trustees.

An approved planned development constitutes an amendment to the zoning ordinance. All improvements and uses of the site shall be in conformity with the planned development and any conditions imposed. Notice of amendment to the zoning ordinance shall be published and the applicant shall record an affidavit with the register of deeds containing a legal description of the entire planned development, specifying the date of approval and declaring that all future improvements will be carried out in accordance with the approved planned development unless an amendment thereto is adopted by the township upon request of the applicant or his successors, and that all such amendments are to be carried out in accordance with this article.

An approved planned development will be governed by the zoning regulations which are specified in the planned development; those zoning regulations not specifically addressed by the planned development, and all building regulations, will be governed by the zoning ordinance and building code, which is subject to periodic review and update.

The applicant who has an approved planned development is entitled to file a preliminary site plan on each phase of the planned development, and the applicant must diligently pursue finalization of site plans.

The applicant who has an approved planned development must begin construction on the approved planned development and all proposed structures, recreational facilities and open space within five years of the approval for a major PDD and within two years for a minor PDD.

Construction work must be completed in a reasonable, diligent manner.

All construction must be completed within six years of the approval for a major PDD and three years for a minor PDD, unless additional time for completion is extended in accordance with the following subsection.

The construction time periods in this section may be extended for good cause if applied for by the applicant and granted by the board of trustees in writing following public notice and public hearing. The township planning services and/or building and inspection services division shall notify the applicant 90 days before the expiration of such construction time periods. Failure of the applicant to so achieve written extensions of construction time periods shall result in township action including, but not limited to, a stop-work order being placed on the development. Extensions of time do not extend the three years in which zoning regulations affecting the planned development govern and remain unchanged.

Failure of the applicant to comply with the above construction time periods or other provisions in this article shall result in the nullification of the planned development, and the underlying classification would become effective.

Conditions.

Approval of planned developments may be subject to the applicant satisfying reasonable conditions, as determined by the board of trustees.

All such conditions for approval of planned development shall be based upon requirements and standards contained in this article, the charter township of canton zoning ordinance, other township planning documents, other applicable ordinances and state and federal statutes. The conditions shall:

Insure that public services and facilities affected by the proposed planned development will be capable of accommodating increased service and facility loads caused by the planned development;

Protect the natural environment and conserve natural resources and energy;

Insure compatibility with adjacent uses of land; or

Promote the use of land in a specifically and economically desirable manner.

Conditions imposed shall meet all of the following requirements.

Be designed to protect natural resources, the health, safety, and welfare and the social and economic well being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

Be related to the valid exercise of police power, and purposes which are affected by the proposed use or activity.

Be necessary to meet the intent and purpose of the zoning ordinance, be related to the standards established in the ordinance for the land use or activity under consideration, and be reasonably necessary to insure compliance with those standards.

The conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action, and shall remain unchanged except upon the mutual consent of the approving authority and the landowner. The approving authority shall maintain a record of conditions which are changed.

Modification or correction of an approved planned development plan.

Requests for major and minor modifications to the approved planned development plan may be submitted to the planning commission, in the form of a written application, for a recommendation on approval. The board of trustees shall make the final determination on the modification in accordance with the following provisions:

In the event that the modification is, as determined by the planning official, a minor modification to the approved plan, the planning official must give written notice of the correction or minor change to both the planning commission and the township board of trustees. Thereafter, the planning official may approve the modification under the following conditions:

The development plan will comply with all regulations of the governing agencies.

Any review comments received have been considered and addressed to the satisfaction of the planning official, planning commission and township board of trustees.

The modification will not significantly alter the plans as originally approved by the township board of trustees, including the appearance and uses of the development.

The planning official shall issue a report to the planning commission and board of trustees prior to issuing final approval for minor modifications to an approved plan.

Major modifications to the approve Planned Development Plan must meet the requirements and follow the procedures of initial application for a planned development as set forth in this article, and must be mutually agreed upon by both the applicant and the Charter Township of Canton Board of Trustees. Insofar as planned developments involve negotiations over a wide variety of issues, each of which is interrelated both during the negotiations and when culminated into an approved planned development plan, the board of trustees may withhold its agreement of a major change or major modification on the basis of any single recognized legitimate zoning interest, including aesthetics.

(Amend. of 7-11-2006(3))

State Law reference— Planned unit developments, MCL 125.286c.

27.05. - Variances, Appeals of Decisions, and Interpretations.

Intent. The intent and purpose of this section is to:

Provide reasonable flexibility from the strict application of this Ordinance where a practical difficulty has been determined to exist;

Provide a method of review of actions taken in the administration or enforcement of this Ordinance;

Provide a method for interpretation of this Ordinance;

Establish decision criteria and required findings for variances, appeals of decisions, and interpretations; and

Ensure that the intent and purpose of this Ordinance be observed, public safety secured, and substantial justice done.

Stay of proceedings. Filing of an administratively-complete variance application or appeal of decision application shall stay all proceedings related to the action or decision being appealed unless the Community Planner certifies to the Zoning Board of Appeals that a stay would cause imminent peril to life or property, in which case the proceedings shall only be stayed by a restraining order granted by the Zoning Board of Appeals or a court of competent jurisdiction.

Right to enter property. Filing of an application for a variance, appeal of decision, or interpretation constitutes permission for Canton Township to access the property to complete onsite investigations for the purpose of administering this Ordinance.

Variances. The following shall apply to review of variances by the Zoning Board of Appeals.

Limitations. Variances may only be granted from developmental standards. Use variances shall not be granted.

Modifications. If this Ordinance has specific provisions for a modification of a development standard, then a request for that modification must be denied before a variance application can be made from that development standard.

Variance decision criteria. In order to grant a variance, the Zoning Board of Appeals must find that all of the following are true:

(a)

Practical difficulty. The strict application of this Ordinance would constitute a practical difficulty (see definition of "Variance; Practical Difficulty" in Section 1.03);

(b)

Peculiar physical condition. The practical difficulty is due to some physical condition peculiar to the property involved;

(c)

Self-created. The practical difficulty is not self-created;

(d)

Reasonable amount. The variance is a reasonable amount necessary to mitigate the practical difficulty;

(e)

Health, safety, and welfare. Approval of the variance will not be injurious to the public health, safety, and welfare;

(f)

Surrounding area. Approval of the variance will not affect the use or value of the adjacent area in a substantially adverse manner; and

(g)

Intent and purpose. Approval of the variance is consistent with the intent and purpose of this Ordinance.

Conditions. The Zoning Board of Appeals may place reasonable conditions on variance approval as it determines necessary to observe the intent and purpose of this Ordinance, secure public safety, and do substantial justice. Violations of such conditions shall be considered a violation of this Ordinance and automatically invalidate the variance approval and any permits that relied upon the variance.

Runs with land. Variances shall run with the land, unless otherwise noted or conditioned. Future owners shall enjoy the benefits of and be obliged to follow and comply with the approval and any conditions placed on approval.

Recording. Canton Township shall prepare a notice of approved variance and conditions, which shall be recorded with the Register of Deeds at the applicant's expense.

Amendment. The Zoning Board of Appeals may amend an approved variance or conditions of an approved variance upon request of the applicant or subsequent property owner following a public hearing if it determines the amendment would continue to meet the decision criteria for granting the original variance. Approval of an amendment shall not extend the period of approval beyond the original period, unless an extension is also granted.

Expiration. A variance approval shall be valid for a period of one year from the date of the final decision.

(a)

Site plan. When a variance has been approved for a project subject to site plan approval, an administratively-complete site plan application must be submitted within one year from the final decision. If the site plan is approved, the variance approval shall remain valid as long as the site plan approval remains in effect.

(b)

Building Permit. When a variance has been approved for a project that requires a building permit, an administratively-complete building permit application must be submitted within one year from the final decision. If the building permit is approved, the variance approval shall remain valid as long as the building permit approval remains in effect.

(9)

Extension. The Zoning Board of Appeals may grant a single extension of an approved variance of up to one year if it determines that all of the following are true:

(a)

Submission date. An administratively-complete application for extension has been submitted before the expiration date;

(b)

Good-faith effort. The project has been diligently pursued or conditions have prevented such action; and

(c)

No changes in conditions. Conditions in the area have not changed, including zoning text or zoning map amendments, that affect the original reasons for approval.

(10)

Permit necessary. Zoning compliance permit approval and building permit approval shall also be required, as outlined in §27.08 Permits and Certificates, for those uses or improvements requiring those permits.

(11)

Site plan approval necessary. Site plan approval shall also be required, as outlined in §27.02 Site plan review, for those uses or improvements requiring site plan approval.

(E)

Appeals of decision. The following shall apply to review of appeals of decision by the Zoning Board of Appeals.

(1)

Authority. The Zoning Board of Appeals may affirm, modify, or reverse, in whole or in part, the decision or action that was made, unless otherwise noted in this Ordinance.

(2)

Standing. An appeal of decision may be made by any person or by any office, department, board, agency, or bureau aggrieved by a decision of or action by the Community Planner, any other official, or the Planning Commission in administering or enforcing this Ordinance, unless otherwise noted.

(3)

Filing deadline. An administratively-complete appeal of decision application must be filed within 21 days of the decision or action being appealed.

(4)

Decision criteria. The Zoning Board of Appeals shall review the record and the decision or action being appealed and determine whether the record supports the decision or action that was made. The original decision or action shall be upheld unless the Zoning Board of Appeals, following a public hearing, determines that at least one of the following is true:

(a)

Arbitrary or capricious. The original decision or action was arbitrary or capricious;

(b)

Erroneous fact. The original decision or action was based on an erroneous finding of material fact;

(c)

Abuse of discretion. The original decision or action constituted an abuse of discretion; or

(d)

Erroneous interpretation. The original decision or action was based on an erroneous interpretation of this Ordinance or applicable law.

(F)

Interpretations. The following shall apply to the review of interpretations by the Zoning Board of Appeals.

(1)

Zoning district boundaries. The Zoning Board of Appeals shall determine the precise location of boundaries between zoning districts when there is dissatisfaction with a decision made by the Community Planner. The standards in §8.03 Interpretations of district boundaries shall apply.

(2)

Ordinance text. The Zoning Board of Appeals shall interpret the text of this Ordinance when it is alleged that certain provisions are not clear, could have more than one meaning, or conflict with other provisions. The following shall be considered in deciding an interpretation:

(a)

Ordinance intent and purpose. The interpretation shall be consistent with the intent and purpose of this Ordinance;

(b)

Article intent and purpose. The interpretation shall be consistent with the intent and purpose of the Article in which the text is located; and

(c)

Other relevant text. The interpretation shall be consistent with other relevant provisions of this Ordinance and other Canton Township ordinances.

(3)

Change or substitution of legally nonconforming use. When there is dissatisfaction with a decision made by the Community Planner, the Zoning Board of Appeals shall review changes or substitutions of legally nonconforming uses using the criteria in §3.03(D) Substitution.

(G)

Procedures and requirements. The following procedures and requirements shall apply to the review of appeals to the Zoning Board of Appeals.

(1)

Applicant. The application shall be submitted by the owner of an interest in the land or by the owner's designated agent, for appeals related to specific property, or by parties aggrieved by the administration or enforcement of this Ordinance.

(2)

Application forms and documentation. The application shall be made on forms made available by Canton Township. The application shall include all relevant information, as determined by the Community Planner, which may include, but is not limited to, an accurate site plan or plot plan, building plans, and building elevations. Submission of an application constitutes a representation that all the information is complete and accurate.

(3)

Fee. A fee, as adopted by Canton Township, shall be submitted at the time of application.

(4)

Public hearing. All appeals shall be heard at a public hearing, as outlined in §27.12 Public Hearings.

(5)

Applicant's responsibilities. The Community Planner may require the applicant for a variance to mark the extent of the proposed structure and lot lines and lot corners within of the property within 40 feet of the proposed structure at least 15 days before the public hearing.

(6)

Contact with Zoning Board of Appeals members. Direct communication with members of the Zoning Board of Appeals outside of a public meeting with the intent to influence the member's action or decision is prohibited. Written comments may be submitted to the Community Planner for distribution to members. This does not prohibit Canton Township staff from promulgating staff reports and other related materials to members.

(7)

Decision. The concurring vote of at least three members of the Zoning Board of Appeals shall be necessary to approve a variance or reverse an order, requirement, decision, or determination of an administration or decide in favor of the applicant on any matter.

(8)

Rehearing. A rehearing shall be processed in the same manner as the original application, including a new fee, unless initiated by the Zoning Board of Appeals, as outlined below:

(a)

Filing Deadline. A request for rehearing shall be made within 30 days of the decision becoming final, unless otherwise noted in this Ordinance.

(b)

Decision Criteria. The only grounds upon which a rehearing of a previously denied application shall be granted is if the approving authority, upon inspection, finds one (1) or more of the following to be true:

New Evidence. Newly discovered evidence is available that may affect the decision that was made;

Inaccurate Evidence. Evidence previously relied upon is found to be inaccurate; or

Procedures. Proper procedures were not followed.

(c)

Effect. If a rehearing is granted, the approving authority shall review the application and may consider new evidence.

Reapplication. An application for an appeal that has been denied in whole or in part by the Zoning Board of Appeals shall only be resubmitted if any one of the following is true:

(a)

Period. One year has passed since the final decision was made;

(b)

Changed conditions. The Community Planner, upon inspection, determines proof of changed conditions that contributed to the denial.

(c)

Changes to application. Substantial changes have been made to the application that address the reasons for denial.

10.

Revocation. A variance, appeal of decision, interpretation, or other decision of the Zoning Board of Appeals may be revoked by the Zoning Board of Appeals, following a duly noticed public hearing, as outlined below.

(a)

Public Hearing. Prior to taking action on a revocation, the Zoning Board of Appeals must hold a public hearing, as outlined in §27.12 Public Hearings.

(b)

Decision Criteria. A variance, appeal of decision, interpretation or other decision of the Zoning Board of Appeals may be terminated or revoked if the Zoning Board of Appeals determines that the variance, appeal of decision, interpretation, or other decision was the result of fraud or misrepresentation of facts.

(Ord. of 9-26-2006; Ord. of 3-18-2024(1))

State Law reference— Variances and appeals, MCL 125.290 et seq.

27.06. - Amendments.

Initiation of amendment. The township board may from time to time, at its own initiative or upon recommendation from the planning commission or on petition, amend, supplement, or change the district boundaries or the regulations herein, pursuant to the authority and procedures set forth in Michigan Zoning Enabling Act (P.A. 110 of 2006), as amended. Text amendments may be proposed by any governmental body or any interested person or organization. Changes in district boundaries may be proposed by any governmental body, any person having a freehold interest in the subject property, or by the designated agent of a person having a freehold interest in the property.

Application for amendment. A petition for an amendment to the text of this ordinance or an amendment to change the zoning classification of a particular property, shall be commenced by filing a petition with the township planning official, on the forms and accompanied by the fees specified. The petition shall explicitly describe the proposed amendment and shall be signed by the applicant. Petitions for rezoning of a specific site shall be accompanied by a plot plan or survey, which shall contain the following information:

Applicant's name, address, and telephone number.

Scale, north point, and dates of submission and revisions.

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

Existing lot lines, building lines, structures, parking areas, driveways, and other improvements on the site and within 100 feet of the site.

Proposed lot lines and lot dimensions, and general layout of proposed structures, parking areas, driveways, and other improvements on the site.

Dimensions, centerlines, and right-of-way widths of all abutting streets and alleys.

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

All existing and proposed easements.

Location of sanitary sewer or septic systems, existing and proposed.

10.

Location and size of water mains, well sites, and building service, existing and proposed.

Review procedures. After the completed petition and all required supporting materials have been received and fees paid, the petition shall be reviewed in accordance with the following procedures:

Planning commission review. The petition shall be placed on the agenda of the next regularly scheduled meeting of the planning commission. The planning commission shall review the petition for amendment at a public hearing, as outlined in §27.12 Public Hearings.

Submission to county planning commission. Following the hearing, the petition shall be submitted to the county planning commission for review and recommendation. If a recommendation from the county planning commission has not been received within 30 days, it shall be presumed that the county has waived its right for review and recommendation.

Action by the planning commission and township board. Following the hearing on the proposed amendment, the planning commission shall make written findings of fact which it shall transmit together with the comments made at the public hearing, the comments from the county planning commission, and its recommendations to the township board within 60 days of receipt of the completed petition.

The township board may hold additional hearings if the board considers it necessary. Pursuant Michigan Zoning Enabling Act (P.A. 110 of 2006), as amended, the township board may by majority vote of its membership:

Adopt the proposed amendment,

Reject the proposed amendment,

Refer the proposed amendment back to the planning commission for further recommendation within a specified time period. Thereafter, the township board may either adopt the amendment with or without the recommended revisions, or reject it.

Review considerations. The planning commission and township board shall, at minimum, consider the following before taking action on any proposed amendment:

Will the proposed amendment be in accordance with the basic intent and purpose of the zoning ordinance?

Is the proposed amendment consistent with the comprehensive plan of the township?

Have conditions changed since the zoning ordinance was adopted, or was there a mistake in the zoning ordinance, that justify the amendment?

Will the amendment correct an inequitable situation created by the zoning ordinance, rather than merely grant special privileges?

Will the amendment result in unlawful exclusionary zoning?

Will the amendment set an inappropriate precedent, resulting in the need to correct future planning mistakes?

If a rezoning is requested, is the proposed zoning consistent with the existing land uses of surrounding property?

If a rezoning is requested, could all requirements in the proposed zoning classification be complied with on the subject parcel?

If a rezoning is requested, is the proposed zoning consistent with the trends in land development in the general vicinity of the property in question?

If a rezoning is requested, what is the impact on the township infrastructure? The planning commission and the township board shall make a determination of whether public facilities are readily available and whether the potential impact of the rezoning would adversely impact the level of service standards of any public facility.

Notice and record of amendment adoption. Following adoption of an amendment by the township board, one notice of adoption shall be filed with the township clerk and one notice shall be published in newspaper of general circulation in the township within 15 days after adoption, in accordance with section 401 of the Michigan Zoning Enabling Act (P.A. 110 of 2006), as amended. A record of all amendments shall be maintained by the township clerk and the township planning official. A master zoning map shall be maintained by the township planning official, which shall identify all map amendments by number and date.

Referendum. Within 30 days following the passage of the zoning ordinance, a petition signed by a number of qualified and registered voters may be filed with the township clerk requesting submission of an ordinance or part of an ordinance to the electors for their approval, in accordance with section 402 of the Michigan Zoning Enabling Act (P.A. 110 of 2006) as amended.

(Ord. of 9-26-2006; Ord. of 3-18-2024(1))

27.07. - Conditional rezoning.

Intent. It is recognized that there are certain instances where it would be in the best interests of the township, as well as advantageous to property owners seeking a change in zoning classification, that certain conditions could be proposed by property owners as part of a request for rezoning. This is especially true since the township must consider all potential uses which may be made of property when considering a traditional rezoning request, some of which may be inappropriate for a particular piece of property considering items such as, but not limited to, the surrounding land uses, the township land use plan, available infrastructure, and natural features. It is the intent of this section to provide a process consistent with the provisions of section 405 of the Michigan Zoning Enabling Act (MCL 125.3405) by which an owner seeking a rezoning may voluntarily propose conditions regarding the use and/or development of land as part of the rezoning request.

Application and offer of conditions. An owner of land may voluntarily offer in writing conditions relating to the use and/or development of land for which a conditional rezoning is requested. This offer may be made either at the time the application for conditional rezoning is filed, or additional conditions may be offered at a later time during the conditional rezoning process as setforth below.

General procedure. A request for a conditional rezoning shall be commenced by filing a petition with the township planning official, on the required forms, accompanied by the specified fees. The petition shall explicitly describe the proposed conditional rezoning and shall be signed by the owner of the property. Petitions for conditional rezoning of a specific site shall be accompanied by a plot plan or survey, which contains all the information required in section 27.06.B. of this ordinance. The applicant shall also present a conceptual plan showing the specific proposed use of the property, and containing all the information outlined in section 27.03.B.4. of this ordinance.

Pre-application conference. Prior to filing a formal request for a conditional rezoning, and prior to a public hearing, the applicant must informally meet with the township planning official, and other representatives as deemed necessary by the township, to discuss the proposed development. The pre-application conference is intended to be informative and advisory in nature, and affords the applicant the opportunity to discuss the land use and planning policies of the Charter Township of Canton.

The applicant must present a conceptual plan for the contemplated conditional rezoning at or before the pre-application conference. Any and all statements made by the Charter Township of Canton Board of Trustees, planning officials, planning commissioners, township employees, attorneys, agents or representatives at the pre-application conference have no legal force and are not legal and binding promises, commitments or contracts.

Rezoning signs. The applicant shall comply with section 27.06.C. of this ordinance.

Review procedures. The owner's offer of conditions may not purport to authorize uses or developments not permitted in the requested new zoning district. The owner's offer of conditions shall bear a reasonable and rational relationship to the property for which the conditional rezoning is requested. Further, the planning commission and township board shall, at a minimum, consider all the review considerations contained in section 27.06.D.4. of this ordinance in rendering a decision on a request for conditional rezoning.

Other required approvals.

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

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

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

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

Planning commission review. The planning commission, after public hearing and consideration of the factors for rezoning set forth in section 27.06.D. of this ordinance, may recommend approval, approval with recommended changes, or denial of the rezoning; provided, however, that any recommended changes to the offer of conditions are acceptable to and thereafter offered by the owner in writing. In the event that any recommended changes to the offer of conditions are not subsequently offered by the owner in writing, the recommendation of the planning commission shall be considered by the township board to be a recommendation of denial of the proposed conditional rezoning.

Township board review. After receipt of the Planning Commission's recommendation, the township board shall, consistent with section 27.06.D., review the planning commission's recommendation and deliberate upon the requested conditional rezoning, and may approve or deny the conditional rezoning request. If the applicant initiates additional or different conditions not considered by the planning commission subsequent to the recommendation of the planning commission, then the township board shall refer such proposed additional or different conditions to the planning commission for report thereon within a time specified by the township board, and the township board shall thereafter proceed to deny or approve the conditional rezoning.

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

Be prepared in a form recordable with the Wayne County Register of Deeds;

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

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

Incorporate by attachment the conceptual plan which formed the basis of the conditional rezoning;

Contain the notarized signatures of all the owners of the property proceeded by a statement attesting to the fact that they are the only parties having an interest in the property, and that they voluntarily offer and consent to the provisions contained within the statement of conditions;

The statement of conditions may be reviewed and approved by the township attorney, with the applicant to pay all costs associated with such review and approval;

The approved statement of conditions shall be filed by the owner with the Wayne County Register of Deeds within 30 days after approval of the conditional rezoning. The owner shall provide the township with a recorded copy of the statement of conditions within 30 days of receipt. The township board shall have the authority to waive this requirement if it determines that, given the nature of the conditions and/or the time frame within which the conditions are to be satisfied, the recording of the statement of conditions would be of no material benefit to the township or to any subsequent owner of the land; and

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

Compliance with conditions. Any person who establishes development or commences a use upon land that has been conditionally rezoned shall continuously operate and maintain the development or use in full compliance with all the conditions set forth in the statement of conditions. Any failure to comply fully with the conditions contained within the statement of conditions shall constitute a violation of this ordinance and be punishable accordingly. Additionally, any such violation shall be deemed a nuisance per se and subject to judicial abatement as provided by law.

Time period for establishing development or use. The approved development and/or use of the land pursuant to building and other required permits must be commenced upon the land within two years after the effective date by publication of the conditional rezoning action, and must thereafter proceed diligently to completion. This time limitation may, upon written request, be extended by the township board if:

(1)

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

(2)

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

Reversion of zoning. If approved development and/or use of the rezoned land does not occur within the time frame specified under subsection H. above, then the land shall revert to its former zoning classification as set forth in MCL 125.3405(2). The reversion process shall be initiated by the township board, and proceed pursuant to section 27.06.A.

Subsequent rezoning of land. When land that is conditionally rezoned with the statement of conditions is thereafter rezoned to a different zoning classification, or to the same zoning classification but with a different or no statement of conditions, whether as a result of a reversion of zoning pursuant to subsection I. above, or upon application of the landowner, or otherwise, the statement of conditions imposed under the former zoning classification shall cease to be in effect. Upon the owner's written request, the township clerk shall record with the Wayne County Register of Deeds a notice that the statement of conditions is no longer in effect.

Amendment of conditions.

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

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

Township right to rezone. Nothing in the statement of conditions nor in the provisions of this section shall be deemed to prohibit the township from rezoning all or any portion of land that is subject to a statement of conditions to another zoning classification. Any rezoning shall be conducted in compliance with this ordinance and the township zoning act. (MCL 125.271 et. seq.).

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

(Amend. of 7-11-2006(4))

27.08. - Permits and certificates.[13]

Permits.

Scope of requirements. A zoning compliance permit and building permit shall be required prior to the erection, alteration, repair, renovation, demolition or removal of any building or structure, and/or the excavation, filling, or grading of lots. No plumbing, electrical, drainage or other permit shall be issued unless the planning official has determined that the proposed use and any improvements proposed on the plans are in conformance with the provisions of this ordinance. However, a bona fide agricultural land uses and agricultural related structures, within RA zoned districts, shall be exempt from the requirements of this section but not the requirements of this ordinance.

A zoning compliance permit shall also be required for the new use of land, whether the land is currently vacant if a change in land use is proposed.

A zoning compliance permit shall also be required for any change in use of an existing building or structure to a different class or type.

For the purposes of this section, the terms "altered" and "repaired" shall include any changes in structural parts, stairways, type of construction, type, class or kind of occupancy, light or ventilation, means of ingress and egress, or other changes affecting or regulated by the building code, the Housing Law of Michigan (Public Act No. 167 of 1917 (MCL 125.401 et seq.), as amended), or this ordinance or other applicable ordinances of the township.

Permit requirements applicable to residential uses. A residential building permit shall not be issued to a builder or developer if the builder or developer has failed to comply with any of the following:

An order of the State of Michigan, Department of Licensing and Regulation regarding a home constructed by the builder or developer in the township.

Completion of required improvements in accordance with the terms of a temporary certificate of occupancy which has been issued in accordance with section 27.07, subsection B, for a home already constructed or under construction by the builder or developer in the township.

The builder or developer shall be eligible for a building permit when the award, order, or terms have been complied with or remedied, or if satisfactory evidence is presented to allow the building official to determine that the award, order, or terms will be complied with or remedied.

Application requirements. No permit shall be issued for construction, alteration, or remodeling of any building or structure until an application has been submitted, showing that the proposed improvements are in conformance with the provisions of this ordinance and with the building code.

Applications for permits required by this section shall be filed with the building official. Each application shall be accompanied by a written detailed explanation of the proposed improvements, and, if applicable, dimensioned plans drawn to scale. The plans shall be of sufficient detail to allow the building official to determine whether the proposed improvements are in conformance with this ordinance, the State Construction Code Act (Michigan Public Act No. 230 of 1972 (MCL 125.1501 et seq.), as amended), and other applicable laws and ordinances. At minimum, the plans shall illustrate the following:

The shape, location, and dimensions of the lot.

Existing buildings or structures, plus the shape, size, and location of all buildings or structures to be erected, altered, or moved.

The existing and intended use of the parcel and all existing and proposed buildings or structures.

On residential parcels, the number of dwelling units contained within each building.

The names and widths of abutting roads and road rights-of-way.

The name and address of all persons having a freehold interest in the premises upon which the improvements are proposed, together with a written statement from all such persons indicating knowledge of and agreement with the proposal.

All information required by the building code.

Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this ordinance will be complied with.

A site plan submitted and approved in accordance with section 27.02 satisfy [satisfies] the requirements of this section.

Conformity with applicable ordinances and approved plans. The building official shall issue permits only if, after thorough inspection of the application materials and plans, he finds that the proposal is in conformance with this ordinance, the State Construction Code Act, Michigan Public Act No. 230 of 1972 (MCL 125.1501 et seq.), as amended, and other applicable laws and ordinances, except where the building official receives written notice of a variance having been granted by the zoning board of appeals or building/fire board of appeals.

Building permits issued on the basis of plans and application materials approved by the building official authorize only the use, layout, and construction set forth in such plans and application materials. Use, layout, or construction at variance with approved plans and application materials shall be deemed in violation of this ordinance, and subject to penalties in accordance with section 27.09. These provisions shall not preclude minor modifications, subject to the provisions in section 27.02, subsection E.

Expiration of permits. A permit issued pursuant to the provisions of this ordinance shall expire 180 days from the date of issuance if the proposed work has not begun, in accordance with the State Construction Code Act. The building official shall mail or deliver written notice to the applicant indicating that:

The permit has been canceled, and

Work shall not proceed until a new building permit has been obtained.

Inspection of completed work. The holder of any permit issued pursuant to the requirements in this section shall notify the building official immediately upon completion of the work authorized by the permit for a final inspection and to request a certificate of occupancy.

Certificates of occupancy. It shall be unlawful to occupy or permit the occupancy of any land, building, or structure for which a permit has been issued, or to occupy or permit the occupancy of any building or structure hereafter altered, extended, erected, repaired, reoccupied, or moved, unless and until a certificate of occupancy has been issued by the building official for such use, in effect indicating that the provisions of this ordinance have been complied with and all outstanding fees have been paid. The following guidelines shall apply to the issuance of certificates of occupancy:

General requirements.

Certificates for existing buildings. Certificates of occupancy shall be issued for existing buildings or structures or parts thereof, or existing uses of land if, after inspection, the building official finds that such buildings, structures, or parts thereof, or uses of land, are in conformity with the provisions of this ordinance.

Temporary certificates. A temporary certificate of occupancy may be issued for a portion of a building or structure prior to occupancy of the entire building or structure, provided that such portion of the building, structure, or premises is in conformity with the provisions of this ordinance and the building code, and provided further that no threat to public safety exists. The building official may require that a performance guarantee be provided in accordance with section 2.17 as a condition of obtaining a temporary certificate. The date of expiration shall be indicated on the temporary certificate; failure to obtain a final certificate of occupancy within the specified time shall constitute a violation of this ordinance, subject to the penalties set forth in section 27.09.

Certificates for accessory buildings to dwellings. Buildings and structures that are accessory to a dwelling shall not require a separate certificate of occupancy, but may be included in the certificate of occupancy for the principal use on the same parcel, provided the accessory buildings or uses are shown on the plot plan and are completed at the same time as the principal use.

Period of validity. A final certificate of occupancy shall remain in effect for the life of the building or structure, or part thereof, or use of the land, until the use of the building, structure, or land changes. A change of use shall require a new certificate of occupancy.

Records of certificates. A record of all certificates of occupancy shall be kept by the building official. Copies of such certificates shall be furnished upon request to a person or persons having a propriety or tenancy interest in the property.

Issuance of certificates. The building official shall inspect a building or structure within five working days after notification of completion of a building or structure or other improvements. The building official shall issue a certificate of occupancy upon finding that the building or structure, or part thereof, or the use of land is in conformance with the provisions of this ordinance. If the building official denies approval of a certificate, the applicant shall be notified in writing of the denial and the reasons for denial.

Footnotes:

--- (13) ---

Editor's note— An amendment enacted July 11, 2006, added section 27.07. Inasmuch as a section 27.07 already existed in this appendix, former §§ 27.07—27.10 have been renumbered as §§ 27.08—27.11 at the direction of the township.

27.09. - Fees.[14]

Any application for an amendment to this ordinance, site plan review, review of a special land use proposal, review of a planned unit development proposal, request for a variance, request for inspection, request for a building permit or certificate of occupancy, or other request for other action pursuant to the regulations set forth in this ordinance shall be subject to and accompanied by a fee as established by the township board, in accordance with section 25 of Michigan Public Act No. 184 of 1943 (MCL 125.295), as amended. Such fees shall be collected in advance of any reviews, inspections, or issuance of any permits or approvals. Upon notification of deficient payment of fees, administrative officials charged with enforcement of the ordinance shall cause any permits to be suspended and reject applications for new permits directly associated with the project.

The assessment and payment of application fees does not affect the requirements for a performance guarantee as specified in section 2.17.

There shall be no fee in the case of applications filed in the public interest by a municipal department or township official.

Footnotes:

--- (14) ---

Note— See the editor's note to § 27.08.

27.09. - Violations and penalties.

Public nuisance. Buildings erected, altered, razed or converted (including tents, mobile homes, and trailer coaches), or uses carried on in violation of any provision of this ordinance are hereby declared to be a nuisance per se, and shall be subject to abatement or other action by a court of appropriate jurisdiction.

Violation. Any person, firm, corporation, or agent, or any employee, contractor, or subcontractor of same, who fails to comply with any of the provisions of this ordinance or any of the regulations adopted in pursuance thereof, or who impedes or interferes with the enforcement of this ordinance by the building official or other enforcement official, shall be deemed in violation of this ordinance.

Penalties. Any violation of this ordinance shall constitute a misdemeanor. Any person who is convicted shall be subject to punishment by a fine not exceeding $500.00 or by imprisonment not exceeding 90 days for each offense, or both, at the discretion of the court. Each day a violation occurs or continues shall constitute a separate offense. Furthermore, the owner or tenant of any building, structure, premise, or part thereof, and any architect, engineer, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains any violation of the ordinance may each be found guilty of a separate offense and may be subject to the penalties provided herein. The cost of prosecution shall also be assessed against the violator.

The imposition of any sentence shall not exempt the offense from compliance with the requirements of this ordinance.

Authority to pursue court action. The township board or its duly authorized representative is hereby empowered to commence and pursue any and all necessary and appropriate actions or proceedings in the circuit court, or any other court having jurisdiction, to restrain or prevent any noncompliance with or violation of any of the provisions of this ordinance, and to correct, remedy, or abate such noncompliance or violation. Any person aggrieved or adversely affected by such noncompliance or violation may institute suit or join the township board in such a suit to abate the violation.

Other remedies. The rights and remedies set forth above shall not preclude the use of other remedies provided by law, including any additional rights of the township to initiate proceedings in an appropriate court of law to restrain or prevent any noncompliance with any provisions of this ordinance, or to correct, remedy, or abate such noncompliance.

Rights and remedies preserved. Any failure or omission to enforce the provisions of this ordinance, and any failure or omission to prosecute any violations of this ordinance, shall not constitute a waiver of any rights and remedies provided by this ordinance or by law, and shall not constitute a waiver of nor prevent any further prosecution of violations of this ordinance.

State Law reference— Violations, MCL 125.294.

27.11. - Records.[15]

Permanent and current records of this ordinance, including but not necessarily limited to, all maps, amendments, variances, appeals, special land uses, certificates of occupancy, and related applications, shall be maintained in the office of the township administrative official having jurisdiction.

Every rule or regulation, decision, finding of fact, condition of approval, resolution, or other transaction of business of the planning commission or zoning board of appeals shall be duly recorded and filed in the public records of the office of the township clerk.

A copy of any application, permit, certificate, transcript of a public meeting, or other item of the public record, may be obtained from the appropriate township office upon payment of copying costs.

Footnotes:

--- (15) ---

Note— See the editor's note to § 27.08.

27.12. - Public Hearings.

Public hearings, when required by this Ordinance or state law, shall meet the standards outlined below.

Notice of hearing. Notice of public hearing shall be given as outlined in §27.13 Public notices.

Hearing appearance. Any party may appear in person or by duly-authorized agent at a public hearing.

Hearing recess. A public hearing may be recessed from time to time, with notice consistent with the requirements of the Open Meetings Act, MCL 15.261 et seq. (PA 267 of 1976).

Additional notice. If a duly-noticed public hearing is postponed to a specific date and time, additional public notice shall not be required.

(Ord. of 3-18-2024(1)

27.13. - Public Notices.

Public notices shall be given for all public hearings as outlined in MCL 125.3103 (part of PA 110 of 2006) and below.

Public notice content. Notice of a public hearing shall contain the following:

Description. A description of the type and nature of the request;

Location. For public hearings involving a specific property or properties, the location of the property or properties, including all street addresses. If street addresses do not exist, other means of identification may be used;

Time and place. The date, time, and place of the public hearing;

Comments. A statement describing when and where written comments will be received and a statement that the public may appear at the public hearing in person or by agent; and

Assistance. Information describing how those requiring assistance will be accommodated.

Publication and delivery. Notice shall be published and mailed (postmarked and deposited) at least 15 days before the date of the public hearing.

Newspaper. Notice shall be published in a newspaper of general circulation in Canton Township.

Owner/applicant. Notice shall be sent by first class mail or personal delivery to the property owner and applicant.

Interested persons. Notice shall be sent by first class mail or personal delivery to the owners and residents of properties within 300 feet of the property in question and to those registered to receive notice.

(a)

Notice per dwelling unit. Only one notice is required for each dwelling unit.

(b)

Multiple dwelling units. For buildings with more than four rented or leased dwelling units, a notice may be sent to the owner or manager of the building, who shall be requested to post the notice at the primary entrance to the building.

Appeals of decisions or interpretations. Notice for appeals of decisions or interpretations that do not relate to a specific property shall only require newspaper publication and a letter to the applicant.

Zoning text amendments. Notice for zoning text amendments that do not relate to a specific property shall only require newspaper publication and a letter to the applicant.

Zoning map amendments. Notice for zoning map amendments shall meet the following.

Notice sign. The applicant shall prepare and place a sign noticing the public hearing.

(a)

Size. The sign face shall be at least four feet high and eight feet wide.

(b)

Placement. The sign shall be placed on the property subject to the zoning map amendment in full view of adjacent roads.

(c)

Permit and bond. A sign permit and performance guarantee are required.

(d)

Message. The sign shall contain the following:

(i)

The following words shall appear at the top of the sign: "THIS PROPERTY PROPOSED TO BE REZONED."

(ii)

The name of the applicant;

(iii)

A map of the property with dimensions and acreage;

(iv)

The current and proposed zoning district;

(v)

The proposed use of the land if the zoning is successful; and

(vi)

The date, time, and place of the public hearing.

(e)

Maintenance and removal. The applicant shall maintain the sign and remove it within three days of the public hearing.

(f)

Canton Township initiated amendment. Canton Township shall be responsible for preparing and placing a sign for Canton Township initiated zoning map amendments. If a property owner prevents placement of a sign, a notice sign shall not be required.

Contiguous properties. Notice for zoning map amendments involving 11 or more contiguous properties shall only require newspaper publication and a letter to the applicant and property owners.

New zoning map. Notice for adoption of a new zoning map shall only require newspaper publication.

Registration to receive notice. Any public utility, railroad, airport, neighborhood association, or person may register with the Community Planner to receive public notices.

Period. Registration shall be valid through the end of the calendar year.

Fee. Canton Township may charge a fee for registering to receive notices.