(a)

Various agencies. The provisions of this chapter are carried out by the township planning commission, zoning board of appeals, township board, and township zoning administrator in conformance with applicable state enabling legislation.

(b)

Zoning administrator.

(1)

Designation. The township board, with the recommendation of the planning commission, shall employ a zoning administrator to administer and enforce this chapter. The township board may designate the township building inspector as the zoning administrator.

(2)

Conditions. Conditions of the zoning administrator's employment, including compensation, shall be established by the township board. The term of employment, compensation, and any other conditions of employment shall be established by the zoning board of appeals and the township board of trustees.

(3)

Duties. For the purposes of this chapter, the zoning administrator shall have the power of a police officer. Additional staff may be employed to assist the zoning administrator. The zoning administrator's duties include the following items:

a.

Applications and permits. All applications for zoning permits shall be submitted to the zoning administrator, who shall keep a record of all applications, related documentation and resulting zoning permits. This record shall be a public record, open for inspection upon request. When all applicable provisions of this chapter have been met regarding any application, the zoning administrator shall issue a zoning permit for the proposed use. When conditions are not met, the zoning administrator shall consult with the applicant regarding a further course of action.

b.

Written denial. When any application for a zoning permit is denied, the zoning administrator shall provide the applicant with a written denial, stating the reasons for the denial.

c.

Hearing notices. Whenever a zoning matter is the subject of a public hearing before the planning commission, zoning board of appeals, or township board, the zoning administrator shall prepare and distribute hearing notices as required by this chapter.

d.

Inspections. For purposes of this chapter, the zoning administrator and chapter enforcement officer shall have the power of a police officer and may make inspections of any building or parcel to enforce this chapter.

e.

Record of special uses. The zoning administrator shall keep a record of all special use permits issued under the terms of this chapter to carry out provisions of article VII of this chapter.

f.

Record of variances, administrative reviews and interpretations. The zoning administrator shall maintain a concise record of all variances, administrative reviews and interpretations of this chapter rendered by the zoning board of appeals under section 66-275(d). This record shall be consulted whenever interpretation questions arise to determine whether any applicable precedents have been set.

g.

Public information. The zoning administrator shall respond to inquiries and dispense information or copies of this chapter to help the public understand the provisions of this chapter. Public awareness and acceptance of this chapter should help to maintain compliance with it.

h.

Response to complaints. The zoning administrator or chapter enforcement officer shall respond within five business days, whenever possible, to any complaint alleging a violation of the terms or conditions of this chapter or of any permit issued pursuant to it. The zoning administrator shall summarize the nature and disposition of recent complaints at each regular planning commission meeting.

i.

Not permitted to change or vary chapter requirements. Under no circumstances is the zoning administrator permitted to change this chapter or to vary its terms.

j.

Publication of amendments. The zoning administrator shall file copies of all amendments to this chapter with the township clerk and publish notices of same as required by section 66-279.

k.

Certificate of occupancy. A certificate of occupancy shall be obtained from the building inspector for any of the following:

1.

Occupancy and use of vacant land (including parking lot construction) or of a building hereafter erected or structurally altered.

2.

Change in the use of land or building, except to another use, which represents a continuation of a use under a previous certificate of occupancy.

3.

Any change in use or enlargement of a nonconforming use or building.

4.

Application for certificate of occupancy. In all cases where a building permit is required, written application for a certificate of occupancy shall be made coincident with the application for such building permit, and in all cases shall be made not less than ten days prior to the time when a new, changed or enlarged use of a building, structure or premise is intended to begin. Temporary certificate of occupancy may be issued by the zoning administrator or building inspector for a part of a building or structure or premise prior to completion of the entire building, structure or premise, provided it is sufficiently clear all provisions of this chapter will be met.

(c)

Planning commission. The Carrollton Township Board shall hereby confirm the establishment under the Michigan Planning Enabling Act, Public Act 33 of 2008 (MCL 125.3801 et seq.) of the Carrollton Township Planning Commission formerly established under the Township Planning Act, Public Act 168 of 1959 (MCL 125.321 et seq.) to establish the appointments, terms, and membership of the planning commission; to identify the officers and the minimum number of meetings per year of the planning commission; and to prescribe the authority, powers and duties of the planning commission.

The Carrollton Township Planning Commission shall have seven members. Members of the Carrollton Township Planning Commission as of the effective date Ordinance No. 2011-02T shall, except for an ex officio member whose remaining term on the planning commission shall be limited to his or her term on the township board, continue to serve for the remainder of their existing terms so long as they continue to meet all of the eligibility requirements for planning commission membership set forth within the Michigan Planning Enabling Act, Public Act 33 of 2008 (MCL 125.3801 et seq.).

(1)

Appointments and terms. The township supervisor, with the approval of the township board by a majority vote of the members elected and serving, shall appoint all planning commission members, including the ex officio member.

The planning commission members, other than an ex officio member, shall serve for terms of three years each.

A planning commission member shall hold office until his or her successor is appointed. Vacancies shall be filled for the unexpired term in the same manner as the original appointment.

Planning commission members shall be qualified electors of the township, except that one planning commission member may be an individual who is not a qualified elector of the township. The membership of the planning commission shall be representative of important segments of the community, such as the economic, governmental, educational, and social development of the township, in accordance with the major interests as they exist in the township, such as agriculture, natural resources, recreation, education, public health, government, transportation, industry, and commerce. The membership shall also be representative of the entire geography of the township to the extent practicable.

One member of the township board shall be appointed to the planning commission as an ex officio member. An ex officio member has full voting rights. An ex officio member's term on the planning commission shall expire with his or her term on the township board.

No other elected officer or employee of the township is eligible to be a member of the planning commission.

(2)

Removal. The township board may remove a member of the planning commission for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing.

(3)

Compensation. All planning commission members shall be compensated on a per diem basis. Compensation shall be paid semiannually in September and March of the township's fiscal year. Said payment shall be based on attendance records as determined by the chairperson. Said compensation shall be fixed, determined, and may be changed at the discretion of the township board. The planning commission may adopt bylaws relative to compensation and expenses of its members for travel when engaged in the performance of activities authorized by the township board, including, but not limited to, attendance at conferences, workshops, educational and training programs and meetings.

(4)

Officers and committees. The planning commission shall elect a chairperson and a secretary from its members, and may create and fill other offices as it considers advisable. An ex officio member of the planning commission is not eligible to serve as chairperson. The term of each office shall be one year, with opportunity for reelection as specified in the planning commission bylaws.

The planning commission may also appoint advisory committees whose members are not members of the planning commission.

(5)

Bylaws, meetings and records. The planning commission shall adopt bylaws for the transaction of business.

The planning commission shall hold at least four regular meetings each year, and shall by resolution determine the time and place of the meetings.

Unless otherwise provided in the planning commission's bylaws, a special meeting of the planning commission may be called by the chairperson or by two other members, upon written request to the secretary. Unless the bylaws otherwise provide, the secretary shall send written notice of a special meeting to planning commission members at least 48 hours before the meeting.

The business that the planning commission may perform shall be conducted at a public meeting held in compliance with the Open Meetings Act, Public Act 267 of 1976 (MCL 15.261 et seq.).

The planning commission shall keep a public record of its resolutions, transactions, findings, and determinations. A writing prepared, owned, used, in the possession of, or retained by a planning commission in the performance of an official function shall be made available to the public in compliance with the Freedom of Information Act, Public Act 442 of 1976 (MCL 15.231 et seq.).

(6)

Annual report. The planning commission shall make an annual written report to the township board concerning its operations and the status of the planning activities, including recommendations regarding actions by the township board related to planning and development.

(7)

Authority to make master plan. Under the authority of the Michigan planning Enabling Act, Public Act 33 of 2008 (MCL 125.3801 et seq.) and other applicable planning statutes, the planning commission shall make a master plan as a guide for development within the township's planning jurisdiction.

Final authority to approve a master plan or any amendments thereto shall rest with the planning commission unless the township board passes a resolution asserting the right to approve or reject the master plan.

Unless rescinded by the township, any plan adopted or amended under the Township Planning Act, Public Act 168 of 1959 (MCL 125.321 et seq.) need not be readopted under the Michigan Planning Enabling Act, Public Act 33 of 2008 (MCL 125.3801 et seq.).

(8)

Zoning powers. The township board hereby confirms the transfer of all powers, duties, and responsibilities provided for zoning boards by the former Township Zoning Act, Public Act 184 of 1943 (MCL 125.271 et seq.) or other applicable zoning statutes to the Carrollton Township Planning Commission formerly established under the Township Planning Act, Public Act 168 of 1959 (MCL 125.321 et seq.).

Any existing zoning ordinance shall remain in full force and effect except as otherwise amended or repealed by the township board.

(9)

Site plan review. The planning commission shall review site plans and issue its approval, conditional approval, or denial of the same as provided by section 66-280.

(10)

Special use permits. The planning commission shall conduct a public hearing on any application for a special use permit, including any planned unit development. Following a public hearing, the planning commission shall issue its approval, conditional approval, or denial of the same. The planning commission shall also take any necessary action to revoke a special use permit as provided by subsection 66-195(f).

(11)

Rezoning or amendment. The planning commission shall conduct public hearings for proposals to rezone property or amend the text of this chapter as provided by section 66-278. Following the public hearing, the planning commission shall make its recommendation regarding the proposed rezoning or text change to the township board. The planning commission may initiate a text change or rezoning, subject to the requirement for notice, hearing and township board approval.

(12)

Subdivision and land division recommendations. The planning commission may recommend to the township board provisions of an ordinance or rules governing the subdivision of land. Before recommending such an ordinance or rule, the planning commission shall hold a public hearing on the proposed ordinance or rule. The planning commission shall give notice of the time and place of the public hearing not less than 15 days before the hearing by publication in a newspaper of general circulation within the township.

The planning commission shall review and make recommendation on a proposed plat before action thereon by the township board under the Land Division Act, Public Act 288 of 1967 (MCL 560.101 et seq.). Before making its recommendation, the planning commission shall hold a public hearing on the proposed plat. A plat submitted to the planning commission shall contain the name and address of the proprietor or other person to whom notice of a hearing shall be sent. Not less than 15 days before the date of the hearing, notice of the date, time and place of the hearing shall be sent to that person at that address by mail and shall be published in a newspaper of general circulation in the township. Similar notice shall be mailed to the owners of land immediately adjoining the proposed platted land.

(d)

Zoning board of appeals. The township board, under the authority of Public Act No. 110 of 2006 (MCL 125.3101 et seq.), has previously established the township zoning board of appeals. Upon adoption of this chapter, the zoning board of appeals previously created shall continue to function and remain in office, including all members thereof.

(1)

Membership. The township zoning board of appeals consists of five members. One member is a member of the township planning commission, one member may be a member of the township board, and the remaining members shall be appointed by the township board from among the electors residing in the unincorporated area.

The township board may also appoint one alternate member for the same term as a regular member. The alternate may be called as specified to serve as a member of the zoning board of appeals in the absence of a regular member if the regular member will be unable to attend one or more meetings. An alternate member may also be called to serve as a member for the purpose of reaching a decision on a case in which the member has abstained for reasons of conflict of interest. The alternate member appointed shall serve in the case until a final decision is made. An alternate member serving on the zoning board of appeals has the same voting rights as a regular member.

(2)

Removal of member for cause. A member of the zoning board of appeals may be removed by the township board for misfeasance, malfeasance, or nonfeasance in office upon written charges and after public hearing. A member shall disqualify himself from a vote in which the member has a conflict of interest. Failure of a member to disqualify himself from a vote in which the member has a conflict of interest constitutes malfeasance in office.

(3)

Terms of office. The zoning board of appeals members shall serve for three-year terms, except for members serving because of their membership on the planning commission or township board, whose terms are limited to the time they are members of said bodies and any period stated in the resolution appointing them. A successor shall be appointed not more than one month after the term for the preceding member has expired. All vacancies for unexpired terms shall be filled for the remainder of the term.

(4)

Rules of procedure. The zoning board of appeals shall adopt its own rules of procedures as may be necessary to conduct its meetings and carry out its function. The board shall choose its chairman, and in his absence, and acting chairman.

(5)

Meetings. Meetings shall be held at the call of the chairman and at such times as the zoning board of appeals may determine. All meetings by the zoning board of appeals shall be open to the public. The board may declare any meeting, or part of a meeting, a study meeting to pursue matters of business without comment or interruption from the public in attendance.

(6)

Records. Minutes shall be recorded of all proceedings, which shall contain evidence and dates relevant to every case considered together with the votes of the members and the final disposition of each case. Such minutes shall be filed in the office of the township clerk and shall be made available to the general public.

(7)

Legal counsel. The township board attorney shall act as legal counsel for the zoning board of appeals and shall be present at all meetings upon request by the zoning board of appeals.

(8)

Hearings. When a notice of appeal has been filed in proper form with the zoning board of appeals, the board shall immediately place the said request for appeal on the calendar for hearing, and shall cause notices stating the time, place, and object of the hearing to be made as required by section 604 of Public Act No. 110 of 2006 (MCL 125.3604). Any person may appear and testify at the hearings, from time to time, and if the time and place of a continued hearing be publicly announced at the time of adjournment of the board hearing, no further notice shall be required.

(9)

Decisions. The zoning board of appeals shall return a decision upon each case within 30 days after a request or appeal has been filed, unless a further time is agreed upon with the parties concerned. Any decision of the zoning board of appeals shall not become final until the expiration of five days from the date of entry of such order, unless the zoning board of appeals shall find the immediate effect of such order is necessary for the preservation of property or personal rights and shall so certify on the record.

(10)

Majority vote. The concurring vote of a majority of the members of the zoning board of appeals shall be necessary to reverse any order, requirement, decision or determination of the zoning administrator or to decide in favor of the applicant on any matter upon which they are required to pass under this chapter or to effect any variation in the chapter.

(11)

Compensation. The township board shall establish the rate of compensation and reimbursement for members of the zoning board of appeals.

(12)

Conflict of interest. A member of the zoning board of appeals shall disqualify himself from a vote in which the member has a conflict of interest. Failure of a member to disqualify himself from a vote in which the member has a conflict of interest shall constitute misconduct in office.

(13)

Duties. The township zoning board of appeals shall have the power to act on those matters where this chapter provides for an administrative review, interpretation, or variance as defined herein. The board of appeals shall not have the power to alter or change the zoning district classification of any property, or to change the terms or intent of this chapter.

a.

Variances. The board of appeals shall have the power to authorize variances from any quantifiable requirements of this chapter.

b.

Administrative review. The board of appeals shall hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision, or refusal made by the zoning administrator.

c.

Interpretation. Upon request, the board of appeals shall have the power to interpret the provisions of this chapter so as to carry out its intent and purpose.

(14)

Appeals procedure.

a.

Filing of appeals. Appeals to the zoning board of appeals may be made by any person aggrieved, or by any officer, department, or board of state or local government.

b.

Time limitation for filing; specification of grounds to be included. Any appeal from the ruling of the zoning administrator concerning the enforcement of the provisions of this chapter may be made to the zoning board of appeals within ten days after the date of the mailing of the zoning administrator's decision. Such appeal shall be filed with the zoning administrator and shall specify the grounds for the appeal. The zoning administrator shall immediately transmit to the secretary of the board of appeals papers constituting the record upon which the action appealed from was taken.

c.

Stay. An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the zoning board of appeals after notice of appeal has been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the zoning board of appeals, or, on application, by a court of record.

d.

Fees. A fee as established by the township board of trustees shall be paid to the zoning administrator at the time of filing application with the zoning board of appeals. The purpose of such fee is to cover, in part, the necessary advertisements, investigations, and other expenses incurred by the zoning board of appeals in connection with the appeal.

e.

Bond for compliance. In authorizing any variance, or in granting any conditional, or special approval permits, the zoning board of appeals may require that a bond of ample sum, but not to exceed $5,000.00, be furnished to ensure compliance with requirements, specifications, and conditions imposed with the grant of variance.

(e)

Township board. On recommendation of the planning commission, the township board has adopted the zoning chapter, making it the enforceable policy of township government. The township board may take other actions related to this chapter, as follows.

(1)

Amend. The township board, upon the advice of the planning commission, may amend the text of this chapter or the boundaries of zoning districts, according to the procedures defined by section 66-278.

(2)

Set fees. The township board shall, by resolution, set fees to be charged to applicants for various actions to be conducted under this chapter. These fees shall apply to zoning permit applications, special use permits, rezoning applications, site plan reviews, text amendments, actions by the zoning board of appeals, or other actions the board sees fit to add.

(3)

Waive fees. By resolution, the township board may waive the fee for any application requesting one or more of the actions listed above.

(Ord. of 5-30-2000, § 901; Ord. No. 2009-02T, § I, 8-10-2009; Ord. No. 2011-02T, § I, 6-27-2011)

(a)

Responsibility. The chapter enforcement officer shall enforce the provisions of this chapter.

(b)

Violation and penalties. See civil infractions in section 1-7.

(c)

Conflicting regulations. Whenever any of the provisions or limitations imposed or required by this chapter are more stringent than those of any other law or chapter, then they govern, provided also that whenever the provisions of any other law or chapter are more stringent than this chapter, the other law or chapter shall govern.

(Ord. of 5-30-2000, § 902)

(a)

Variance. The zoning board of appeals is empowered to grant variances of any requirement of this chapter, which can be expressed in terms of numbers, subject to the rules outlined in this section.

(b)

Administrative review. The zoning board of appeals is empowered to review and reverse or modify any order, decision or determination made by the zoning administrator, but not to overturn a decision of the planning commission regarding a special use permit or denial of a site plan.

(1)

Requests for administrative review. An administrative review by the zoning board of appeals may be requested by any person aggrieved, or by any officer, department, or board of the local government. Any such request must be made in writing and filed with the zoning administrator within ten working days of the decision being appealed. The request shall identify the applicant, the nature of the proposed activity, the action being appealed, and the grounds for the review. The zoning administrator shall immediately transmit copies of any records relating to the action being reviewed to the chairman of the zoning board of appeals.

(2)

Stay. An administrative review shall stay all proceedings in furtherance of the action being reviewed, except if the zoning administrator certifies in writing that a stay would cause imminent peril to persons or property. In such instance, the proceedings shall not be stayed unless a restraining order is issued by the zoning board of appeals or by court action.

(c)

Interpretation. The zoning board of appeals may interpret certain provisions of this chapter. Each such interpretation shall establish the precedent for future treatment of the issue being addressed without requiring further action by the board. The zoning administrator shall keep a concise record of all interpretations made by the zoning board of appeals to facilitate such reference. The following items may be interpreted by the zoning board of appeals.

(1)

District boundaries. The board may determine the precise location of the boundary lines between zoning districts.

(2)

Activity classification. The board may classify any activity which is not specifically mentioned anywhere in the uses table in article III of this chapter, as a use by right or special use within at least one zoning district. The zoning board of appeals must certify that said classification is consistent with the classification of similar uses and with the purpose and intent of each zoning district.

(3)

Parking and loading. The board may determine the off-street parking and loading space requirements of any use for which these requirements are not determinable using the information provided for this purpose in article VI of this chapter.

(4)

Clarification. The board may determine the meaning of any portion of this chapter when the zoning administrator is unable to clearly determine its intent or effect.

(d)

Fees. A fee as established by the township board shall be paid to the zoning administrator at the time any board of appeals action is requested. The purpose of such fee is to cover, in part, the necessary advertisements, investigations, and other expenses incurred in connection with the appeal.

(e)

Rules for zoning board of appeals actions.

(1)

Public hearing. The zoning board of appeals must hold a public hearing before deciding any issue, which relates to a specific parcel. Notice as specified by section 66-279 shall be made as required by section 604 of Public Act No. 110 of 2006 (MCL 125.3604).

(2)

Intent. Any decision by the zoning board of appeals must not be contrary to the public interest or to the intent and purpose of this chapter.

(3)

Use variance prohibited. No variance, site plan approval, or administrative review may be construed to allow the establishment any use which is not a use by right or a special use in the applicable zoning district. The zoning board of appeals may expand the list of permitted uses for any zoning district only as a result of an interpretation regarding an activity not listed anywhere in the uses table in chapter III, district regulations.

(4)

Consider property values. In any decision, the zoning board of appeals must try to avoid causing a substantial adverse effect on property values in the vicinity of the subject parcel or in the applicable zoning district.

(5)

Single parcel. Any action brought before the zoning board of appeals may relate only to a single parcel which must be under control of the applicant. If the applicant is not the owner of the property, evidence must be provided that the owner concurs with the request for zoning board of appeals action.

(6)

Profit not a motive. No approval by the zoning board of appeals is to be granted simply to prevent an economic loss. Improving an owner's chance to profit from sale of a parcel is not an objective of this chapter.

(7)

Resubmission. Any request which is denied wholly or in part by the zoning board of appeals may not be resubmitted for a period of one year from the date of denial. However, if new evidence or changed conditions are found, the board may elect to rehear a case, subject to all notice requirements defined by the actions table.

(8)

Conditions. The board of appeals may attach any reasonable conditions to the approval of any request to secure the objectives and purposes of this chapter. The breach of any such condition automatically invalidates any zoning permit granted pursuant to the zoning board of appeals action. When it attaches conditions to an approval, the zoning board of appeals may require a performance guarantee.

(9)

Hardship. A variance or site plan approval must be necessary to overcome practical difficulties or unnecessary hardships which prevent carrying out the strict letter of this chapter. These hardships or difficulties are to be evaluated in terms of the applicant's ability to physically locate a permitted use on the particular parcel and must not have resulted from any act of the applicant or property owner subsequent to the adoption of the ordinance from which this chapter is derived.

(10)

Issuance of permit. A variance or site plan approval granted under the provisions of this section becomes a condition of any zoning permit granted pursuant thereto. If such a zoning permit expires, any rights granted by the zoning board of appeals expire with the zoning permit. Any zoning permit authorized by action of the zoning board of appeals shall be issued by the zoning administrator within three business days of said action. If a question arises regarding the procedural correctness of said zoning board of appeals action, the zoning administrator shall consult the township attorney. However, the zoning administrator must issue said zoning permit unless instructed by the township attorney, in writing, not to do so.

(11)

Required records. The minutes of the zoning board of appeals must specify the reasoning used by the board in making any decision, and any conditions that are attached to issuance of a zoning permit.

(12)

Recurrent issues. If certain conditions are so widespread as to make similar variances a frequent issue for the zoning board of appeals, the board shall suggest a general regulation for such conditions to be considered by the planning commission.

(13)

Special exceptions. When, in its judgment, the public welfare will be served and the use of neighboring property will not be injured thereby, the zoning board of appeals may, in a specific case, after due notice and public hearing and subject to appropriate conditions and safeguards, determine and vary the application of the regulations of this chapter in harmony with the general character of the district and the intent and purpose of this chapter. The granting of a special exception shall in no way constitute a change in the basic uses permitted in the district affected nor on the property wherein the exception is permitted. The zoning board of appeals may issue a conditional permit as special exception for the following land and structure uses: temporary permits for temporary structures such as a garage, partial structure, cellar or basement to be used for dwelling purposes, including mobile homes or house travel trailer, not located in a licensed mobile home park subject to the following procedures and limitations.

a.

An application for a permit for the erection or movement of a temporary structure for dwelling purposes, including trailer coaches, shall be made to the zoning board of appeals. The applicant shall submit along with the application the written consent of 50 percent of the owners of all dwellings within 500 feet of the proposed site.

b.

The zoning board of appeals shall give due notice to the applicant and to all property owners within 500 feet of the property affected at least 15 days before the hearing will be held on such application.

c.

A temporary permit shall not be granted unless, the zoning board of appeals finds adequate evidence that the proposed location of the use will not be detrimental to property in the immediate vicinity; and that the proposed water supply and sanitary facilities have been approved by the county health department.

d.

The zoning board of appeals may impose any reasonable conditions in addition to the district requirements in which the use is proposed, including setbacks, land coverage, off-street parking, landscaping and other requirements deemed necessary to protect adjoining properties and the public welfare. The violation of any such condition shall automatically invalidate the permit.

e.

Unique and temporary conditions shall exist which justify the need for a trailer coach of a nature that relates to the use of the principal dwelling on the property in question.

f.

The permit issued shall clearly set forth the conditions under which the permit is granted and shall state that the proposed temporary dwelling structure is to be vacated upon expiration of a specific time limit not to exceed 12 months. No permit shall be transferable to any other owner or occupant. The permit may be renewed in the case of mobile home or house travel trailer if the conditions of subsections a. and e. of this subsection (13) can be met again.

(14)

Conditional permits. When conditions exist that are unique to a particular situation, a conditional permit may be issued with specific limitations imposed by the zoning board of appeals. The land or structure use may be permitted to be established and to continue in use as long as the unique conditions to the use exist. The permit may be canceled when the conditions upon which the permit was issued cease to exist. The permit issued shall contain all the specified conditions under which continued use may be allowed. Conditional permits may be issued for the following uses:

a.

Permit more than two roomers in any one dwelling, but not more than four, when it can be demonstrated to the satisfaction of the zoning board of appeals that such an expanded capacity is a clear necessity for satisfaction of this particular housing demand; that adequate off-street parking space can be provided in accordance with standards stated in article VI of this chapter; and that such use will not injure the character of value of the immediate neighborhood.

b.

The zoning board of appeals may authorize a reduction, modification, or waiver of any of the off-street parking or off-street loading regulations n article VI of this chapter, when it can be demonstrated that circumstances of extreme practical difficulty exist that would unquestionably result in hardship to the applicant when a literal interpretation of the regulations is required. Hardship shall not be deemed economic, but shall be evaluated in terms of the use of a particular parcel of land. A hardship that is a result of any action of the applicant shall not be considered by the zoning board of appeals. Under all these circumstances, in no case shall the off-street parking or off-street loading standards be reduced by more than 25 percent.

c.

Joint use of off-street parking areas may be authorized when the capacities outlined in article VI of this chapter are complied with and when a copy of any agreement between joint users shall be filed with the application for a building permit, and is recorded with the Register of Deeds of Saginaw County, guaranteeing continued use of the parking facilities for each party.

(15)

Use of a model home within a residential district including module or sectional homes (except mobile homes sales shall not be allowed) and provided said permit shall be for one year only; but may be renewed; and further provided all regulations of the district within which the proposed use is allowed for are followed.

(16)

Other conditional uses based upon a finding of fact by the zoning board of appeals that indicate conditions exist that are unique to a particular situation, however, not contrary or in contradiction to the intent of the district within which the proposed use is located.

(Ord. of 5-30-2000, § 903)

(a)

Petition to the township board. Each petition by one or more owners, or their agents, for an amendment shall be submitted upon an application of standard form to the township clerk. A fee as established by the township board of trustees shall be paid at the time of application to cover costs of necessary advertising, for public hearings and investigation of the amendment request. The clerk shall transmit the application to the planning commission for recommended action.

(b)

Findings of fact and recommendation. In reviewing any petition for a zoning amendment, the planning commission shall identify and evaluate all factors relevant to the petition and shall report its findings in full, along with its recommendations for disposition of the petition, to the township board within 90 days of the filing date of the petition. The facts to be considered by the planning commission shall include, but not be limited to, the following:

(1)

The requested zoning change is consistent with the adopted comprehensive development plan, unless one of the following is substantially demonstrated:

a.

There was an original mistake in the zoning classification.

b.

There have been significant changes in conditions since adoption of the plan.

c.

There has been a change in public development policies for the area in question.

(2)

Whether the requested zoning change is justified by a change in conditions since the original ordinance was adopted or by an error in the original ordinance.

(3)

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

(4)

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

(5)

The probability of any significant negative environmental impacts which would result if the petitioned zoning change occurred and the resulting permitted structures were built.

(6)

The effect of approval of the petition on the condition of and/or value of property in the township or in adjacent civil divisions.

(7)

The effect of approval of the petition on adopted development policies of Carrollton Township and other government units.

(8)

Whether the proposed change is consistent with other zones, land uses and the trend of development in the area.

(9)

All findings of fact shall be made a part of the public records of the meetings of the planning commission and the township board. An amendment shall not be approved unless these and other identified facts are affirmatively resolved in terms of the general health, safety and welfare of the citizens of Carrollton Township or civil divisions where applicable.

(c)

Public hearing. After deliberation on any proposal, the planning commission shall conduct at least one public hearing, notice of the time and place of which shall be given as required by section 306 of Public Act No. 110 of 2006 (MCL 125.3306).

(d)

Adoption of amendment in order to conform with court decree. An amendment to bring any provision of this chapter into conformance with a decree of any court of competent jurisdiction may be adopted by the township board and the notice of the adopted amendment published without referring the amendment to any other board or agency provided for in this chapter.

(e)

Resubmittal. No application for a rezoning which is denied by the township board shall be resubmitted for a period of one year from the date of denial, except if warranted by newly discovered evidence or proof of changed conditions.

(f)

Filing and notification. Upon adoption of any amendment to this chapter, including any rezoning, the zoning administrator shall file a copy of the amendment with the township clerk, and arrange for publication of a notice of chapter amendment in a newspaper circulated in the township.

(g)

Fees. A fee as established by the township board of trustees shall be paid to the township clerk or zoning administrator at the time of requesting a zoning amendment. The purpose of the fee is to cover, in part, the necessary advertisements, investigations, and other expenses incurred by the township in connection with the requested amendment.

(Ord. of 5-30-2000, § 904; Ord. No. 2015-05, § I, 5-26-2015)

(a)

Content. Each public hearing notice required by this chapter shall include:

(1)

Identification of the applicant, if any;

(2)

Identification of any parcel which is the subject of the request;

(3)

Nature of the matter to be considered;

(4)

Identification of the public body conducting the hearing and deciding on the matter;

(5)

Date, time, and place of the public hearing;

(6)

The places and times at which any proposed text and/or map amendment may be examined;

(7)

A statement of where and when written comments will be received concerning the request.

(b)

Affidavit of mailing. An affidavit of mailing, identifying all parties to whom notice has been sent, including railroad and public utility companies, shall be prepared and filed with other material relating to the public hearing prior to the meeting at which it is held.

(c)

Mailed notice. Whenever mailed notice of a public hearing is required, the mailing list shall be compiled from the following sources:

(1)

The owner of parcel in question.

(2)

All persons to whom real property is assessed in the township or any adjoining governmental unit, where any part of their parcel lies within 300 feet of the parcel in question.

(3)

Occupants of all buildings on parcels within 300 feet of the parcel in question. Each dwelling unit or tenant in said buildings shall receive one notice. If the name of the occupant is not known, the term "occupant" may be used in the address.

(d)

Notification of railroads and public utilities. Not less than 20 days' notice of any planning commission hearing regarding amendment of this chapter shall be given by certified mail to each public utility or railroad company serving the township, at the mailing address identified by each company for the purpose of receiving such notices.

(Ord. of 5-30-2000, § 905)

State Law reference— Notice requirements, MCL 125.3103, 125.3604.

(a)

Planning commission. Various provisions of this chapter require review of site plans before certain approvals may be granted. The township zoning administrator conducts a review of site plans for each zoning permit issued. The zoning board of appeals conducts such reviews before granting various types of requests. However, for certain activities, a more formalized site plan review before the township planning commission is required to ensure conformance with the intent and objectives of this chapter. This section defines the procedures and standards to be used for such a site plan review.

(b)

Situations requiring site plan review by the township planning commission.

(1)

Site plan review prior to approval. The township planning commission must conduct a site plan review before granting approval to subdivision plats; special use permits, including those for planned unit developments; new construction within B-1, B-2, B-3, M-1 or M-2 districts; or a project deemed to have a significant impact by the zoning administrator. Administrative fees, as designated by Carrollton Township fee schedule, will apply for administrative site review by zoning administrator.

(2)

No site plan required for rezoning. At no time shall a site plan review be required as a part of the decision process for a rezoning. This is because the decision to rezone property should be based on consideration of its effect on the long-range development of the township, and the merits of the proposed zoning district and the uses it would allow on the subject parcel, as they relate to the surrounding area.

(c)

Site plan review process.

(1)

Application deadline. If a zoning permit application requires a site plan review pursuant to this section, the complete application package must be received at least 21 days before the planning commission meeting which will consider it. If a site plan review is being conducted for a special use permit or subdivision plat, the application deadlines for such process will apply.

(2)

Application material. The application package for a site plan review must meet the requirements of this section and be accompanied by a site plan review fee as established by the township board and at least five copies of a site plan meeting the following requirements. The application will not be reviewed until all said items have been received.

(3)

Site plan requirements. Note that any details depicted in the site plan will be relied upon by the planning commission in its review. Therefore, these details become conditions for approval of the site plan. Failure to abide by such conditions is a violation of the terms of any zoning permit issued pursuant to site plan approval, and is subject to enforcement under this section of this chapter.

a.

Scale. The site plan must be drawn to a scale large enough to show relevant details without creating an unwieldy document.

b.

Identification. The applicant's name, address and telephone number and those of any firm which prepared the site plan must be included. If the applicant does not own the subject parcel, the owner must certify concurrence with submission of the site plan.

c.

Property information.

1.

The site plan must accurately depict the subject parcel, including a legal description and computation of its area, all existing and proposed easements or rights-of-way, and the nearest 50 feet of any parcel adjacent to or across any public street from it.

2.

Zoning of all such parcels must be identified.

d.

Site features.

1.

The site plan should depict existing and proposed topography, drainage features, wetlands, structures (including those proposed for removal), wooded areas or isolated trees over one foot in diameter, and other significant conditions.

2.

Any structures or driveways on depicted portions of nearby parcels also should be shown.

e.

Transportation features. The site plan must show the location and surface type of all existing and proposed public streets, access drives, parking lots (including number and location of handicapped parking spaces), sidewalks, off-street loading spaces, or refuse pickup stations.

f.

Utilities. The site plan must show all existing and proposed utilities.

1.

Waterlines shall include any fire hydrants and valves. Sanitary sewers shall include any pumping stations or manholes.

2.

Drainage information shall include enclosed drains, flow restrictors and on-site retention.

3.

Private utilities, such as natural gas, electricity, telephone and cable television must also be shown.

g.

Structures.

1.

The site plan must show the location and dimensions, including height, of all proposed buildings, accessory structures and related features.

2.

For multiple dwellings, the number of dwelling units in each building must be identified. Schematic plans and elevations of all buildings exceeding 5,000 square feet of total floor area must be included.

3.

The site plan shall also show the location, arrangement, dimensions and type of proposed signs, lighting, landscaping, and visual screens.

h.

Supplementary material.

1.

The site plan shall be complemented by statements addressing the project's impact on the environment, historic structures, and existing traffic patterns within one-half mile of the project site.

2.

If mitigation measures are proposed for such impacts as noise, smoke, particulates, vibrations, odors, or fire hazards, these must also be described.

(4)

Submission of site plan. A minimum of five copies of the initial site plan map (24" x 36") along with one reduced copy or such additional copies as may be specified by the zoning administrator and other attachments shall be submitted and shall contain the items listed below:

a.

Scale. The site plan must be drawn to a consistent scale of not less than one inch equals 20 feet if the proposed site is less than three acres and not less than one inch equals 50 feet if the proposed site is three acres or more.

b.

Identification. The applicant's name, address and telephone number and those of any firm which prepared the site plan must be included. If the applicant does not own the subject parcel, the owner must certify concurrence with submission of the site plan.

c.

Property information.

1.

The site plan must accurately depict the subject parcel, including a legal description and computation of its area, all existing and proposed easements or rights-of-way, and the nearest 50 feet of any parcel adjacent to or across any public street from it.

2.

Zoning of all such parcels must be identified.

d.

Site features.

1.

The site plan should depict existing and proposed topography, drainage features, wetlands, structures (including those proposed for removal), wooded areas or isolated trees over one foot in diameter, and other significant conditions.

2.

Any structures or driveways on depicted portions of nearby parcels also should be shown.

e.

Transportation features. The site plan must show the location and surface type of all existing and proposed public streets, access drives, parking lots (including number and location of handicapped parking spaces), sidewalks, off-street loading spaces, or refuse pickup stations.

f.

Utilities. The site plan must show all existing and proposed utilities.

1.

Waterlines shall include any fire hydrants and valves. Sanitary sewers shall include any pumping stations or manholes.

2.

Drainage information shall include enclosed drains, flow restrictors and on-site retention.

3.

Private utilities, such as natural gas, electricity, telephone and cable television must also be shown.

g.

Structures.

1.

The site plan must show location and dimensions, including height, of all proposed buildings, accessory structures and related features.

2.

For multiple dwellings, the number of dwelling units in each building must be identified. Schematic plans and elevations of all buildings exceeding 5,000 square feet of total floor area must be included.

3.

The site plan shall also show the location, arrangement, dimensions and type of proposed signs, lighting, landscaping, and visual screens.

h.

Supplementary material.

1.

The site plan shall be complemented by statements addressing the project's impact on the environment, historic structures, and existing traffic patterns within one-half mile of the project site.

2.

If mitigation measures are proposed for such impacts as noise, smoke, particulates, vibrations, odors, or fire hazards, these must also be described.

(5)

Site plan review procedure.

a.

Notification by administrator of receipt. Within two working days of receipt of a site plan for review by the planning commission, the zoning administrator shall notify all departments of township government that it has been received and that any interested department may comment upon the site plan in writing to the zoning administrator at least 14 days before the planning commission meeting at which the site plan is to be reviewed.

b.

Pre-design meeting. In order for an applicant to have a site plan considered by the planning commission, the applicant and his/her design professional shall be responsible for coordinating a pre-design meeting with the zoning administrator. The purpose of the meeting is to address various site plan layout alternatives and identify any major obstacles that may need further attention. Once a conceptual design is agreed upon by both parties, or differences of opinion with respect to the site plan have been identified, a preliminary site plan may be submitted for consideration by the planning commission.

c.

Planning commission's preliminary review of site plan. The planning commission shall conduct its preliminary site plan review at a public meeting. A public hearing will be held for site plans reviewed in conjunction with a special use permit or if any party submits a written request for same to the township clerk prior to the planning commission meeting. In such cases, the public shall be heard before the planning commission acts upon the site plan. All other site plans do not require special notification of anyone. The staff's review findings and any public comments shall be taken into consideration by the planning commission, but are not binding upon it in any way.

d.

Final site plan approval by the planning commission. If the planning commission or other department imposes conditions on a site plan approval, the applicant is required to resubmit two copies of a final site plan that reflects said conditions. Staff will then review the final site plan for compliance with those conditions. If the site plan complies with the approval conveyed by the planning commission, staff will stamp both copies "approved" and return one to the applicant. One copy will be kept on file in the office. If the site plan does not comply with the conditions imposed by the planning commission, staff will stamp both copies "not approved." One copy will be returned to the applicant the other will be put into the site plan file.

e.

Approval. Following approval of the site plan, it shall become part of the record, and subsequent actions relating to the activity authorized shall be consistent with the approved site plan unless a change or addition conforming to this section received the mutual agreement of the land owner and the township planning commission or zoning administrator, as appropriate. Incidental and minor variations of the approved site plan with written approval of the zoning administrator shall not invalidate prior site plan approval.

f.

Denial for specific requirements. In instances where specific dimensional or area requirements mentioned in the zoning ordinance are not satisfied on the site plan, requests for variance(s) may be initiated by the applicant to the township zoning board of appeals. Requirements not met are grounds for denial.

(6)

Record to be maintained. The record relating to any approved site plan shall be maintained by the zoning administrator with the records pertaining to the zoning permit for said project. This record shall include an official copy of the site plan as it was approved by the planning commission, dated and signed by the permit holder, the planning commission chairperson and the zoning administrator. The record shall also include documentation of any conditions attached to the site plan approval, evidence of the satisfaction of same, and documentation of any allowed deviations from the approved site plan. If any deviations from an approved site plan are made, an "as built" version of the site plan shall be provided to the zoning administrator before the building inspector issues final approval for the project and before any performance guarantee attached to the zoning permit may be fully refunded. (The township does not have jurisdiction over the construction and occupancy of mobile home parks. This is assigned by state law to the department of commerce. Thus, once a special use permit has been granted, all subsequent records relating to a mobile home park should consist of correspondence to or from the department.)

(7)

Site plan review standards. All site plan reviews shall use only the following set of standards to judge whether the site plan should be approved or denied. No off-site improvements can be required as conditions for site plan approval, unless the applicant volunteers to construct such improvements as documented by the site plan drawings. If the lack of such off-site improvements will create conditions contrary to the intent and objectives of this chapter, said lack is sufficient justification for denial of the site plan.

a.

District regulations. The project must comply with all applicable district regulations, as found in Article III of this chapter. When the site plan review is part of the special use permit process it may be presumed that the proposed activity on the site conforms to the requirements of the uses table.

b.

Supplementary regulations. The project must comply with any and all of the supplementary regulations which may apply to it, as identified by Article IV of this chapter.

c.

Special use standards. If the site plan review is being conducted for a proposed special use permit, special use standards for the proposed use, as identified by Article VII of this chapter, must also be satisfied.

d.

Transportation. Transportation facilities must provide safe and efficient access to the parcel and circulation within it. Consideration shall be given to public streets, driveway design and location, circulation within the parcel, parking, snow removal, public transit, pedestrian circulation, emergency vehicle access, and handicapped access. When the adequacy of public streets is in question, the input of the agencies having jurisdiction over same shall be sought. Setbacks from public rights-of-way shall be measured from the centerline of the road in distance noted in the site plan review checklist.

e.

Utilities. Water, sewer and storm drainage facilities must be adequate to serve the proposed use, or sufficient provisions shall be made to provide these services on the site. Such private utilities as electricity, telephone, natural gas, and cable television, must also be sufficient to serve the needs of the project. When the adequacy of any utility service is in question, the input of the appropriate utility provider shall be sought.

f.

Fire protection. The proposed project must comply with applicable fire safety regulations. Current township fire department personnel and equipment should be sufficient to serve the project. Provision of fire hydrants must be adequate to serve fire suppression needs. (State mobile home commission rules provide fire regulations for mobile home parks.)

g.

Environment. Natural features should be retained wherever practicable. Any features that are introduced into the landscape should be designed to complement the site's surrounding environment and enhance the positive features of the project. The site plan should be developed with the goal of controlling any negative impacts the project may have, such as noise, smoke, vibration, odor, glare, heat or dust so that they will not be discernible beyond the parcel boundaries. Further, the project shall comply with applicable environmental findings per the zoning administrator. (Mobile homes may not be placed in a floodway, and mobile homes placed in a floodway fringe must be anchored.)

h.

Consistency with chapter intent. The site plan should be generally consistent with the purpose and objectives of this chapter, as stated in section 66-3, and with the purpose of the zoning district in which it is located, as expressed in the intent and purposes table in Article III of this chapter.

(8)

Appeals. The applicant shall have the right to appeal from the decision of the township planning commission or administrative site plan review to the township board, whose decision will be final.

(9)

Expiration. Planning commission approval of a site plan shall expire after one year if earnest construction of an approved structure has not commenced. The zoning administrator, in his discretion, may approve an extension of up to one year.

(d)

Site plan review standards. All site plan reviews shall use only the following set of standards to judge whether the site plan should be approved or denied. No off-site improvements can be required as conditions for site plan approval, unless the applicant volunteers to construct such improvements as documented by the site plan drawings. If the lack of such off-site improvements will create conditions contrary to the intent and objectives of this chapter, said lack is sufficient justification for denial of the site plan.

(1)

District regulations. The project must comply with all applicable district regulations, as found in article III of this chapter. When the site plan review is part of the special use permit process it may be presumed that the proposed activity on the site conforms to the requirements of the uses table.

(2)

Supplementary regulations. The project must comply with any and all of the supplementary regulations which may apply to it, as identified by article IV of this chapter.

(3)

Special use standards. If the site plan review is being conducted for a proposed special use permit, special use standards for the proposed use, as identified by article VII of this chapter, must also be satisfied.

(4)

Transportation. Transportation facilities must provide safe and efficient access to the parcel and circulation within it. Consideration shall be given to public streets, driveway design and location, circulation within the parcel, parking, snow removal, public transit, pedestrian circulation, emergency vehicle access, and handicapped access. When the adequacy of public streets is in question, the input of the agencies having jurisdiction over same shall be sought. Setbacks from public rights-of-way shall be measured from the centerline of the road in distance noted in the site plan review checklist.

(5)

Utilities. Water, sewer and storm drainage facilities must be adequate to serve the proposed Use, or sufficient provisions shall be made to provide these services on the site. Such private utilities as electricity, telephone, natural gas, and cable television, must also be sufficient to serve the needs of the project. When the adequacy of any utility service is in question, the input of the appropriate utility provider shall be sought.

(6)

Fire protection. The proposed project must comply with applicable fire safety regulations. Current township fire department personnel and equipment should be sufficient to serve the project. Provision of fire hydrants must be adequate to serve fire suppression needs. (State mobile home commission rules provide fire regulations for mobile home parks.)

(7)

Environment. Natural features should be retained wherever practicable. Any features that are introduced into the landscape should be designed to complement the site's surrounding environment and enhance the positive features of the project. The site plan should be developed with the goal of controlling any negative impacts the project may have, such as noise, smoke, vibration, odor, glare, heat or dust so that they will not be discernible beyond the parcel boundaries. Further, the project shall comply with applicable environmental findings per the zoning administrator. (Mobile homes may not be placed in a floodway, and mobile homes placed in a floodway fringe must be anchored.)

(8)

Consistency with chapter intent. The site plan should be generally consistent with the purpose and objectives of this chapter, as stated in section 66-3, and with the purpose of the zoning district in which it is located, as expressed in the intent and purposes table in article III of this chapter.

(Ord. of 5-30-2000, § 906; Ord. No. 2011-02T, § I, 6-27-2011; Ord. No. 2012-03, § I, 11-12-2012; Ord. No. 2016-01, § I, 6-27-2016)

State Law reference— Submission and approval of site plans, MCL 125.3501.

(a)

Zoning. All plats shall be subject to the provisions of the zoning district in which they are located. Any zoning district changes which may be necessary to accommodate a proposed plat shall be made according to the amendment procedure prescribed in section 66-278. No proposed plat of a new or redesigned subdivision shall hereafter be approved unless the lots within the plat equal or exceed the minimum area and dimension requirements for the applicable zoning district.

(b)

Plat approval process.

(1)

Submission of plat. When a preliminary or final plat has been submitted to the township board for its approval, the township clerk shall forward a copy of said plat to the zoning administrator. Since the township board must act on the plat within the time period required by section 112 of Public Act No. 288 of 1967 (MCL 560.112), the zoning administrator and planning commission chairperson shall convene a special meeting of the planning commission, if needed, to provide a recommendation to the township board.

(2)

Planning commission review and recommendation. The planning commission shall review said plat to determine if it complies with all provisions of this chapter, and any other applicable township chapters, at an open public meeting. A public hearing is not required. However, any member of the public wishing to address the planning commission regarding the proposed plat shall be permitted to do so. The planning commission shall recommend approval of the plat to the township board if all standards are met. If standards are not met, the planning commission shall recommend denial of the plat, noting which standards were not met.

(Ord. of 5-30-2000, § 907)

The following table is a summary of basic requirements for various administrative actions under this zoning chapter. It supplements the preceding text, but is not a substitute for it.

ACTIONS TABLE

SUMMARY OF PROCEDURAL REQUIREMENTS FOR ZONING DECISIONS

(Ord. of 5-30-2000, § 908)

(a)

Conditional rezoning request. Carrollton Township will not require nor imply that conditional zoning or zoning agreements are a necessity or a condition for approval.

(1)

A request for conditional zoning or a zoning agreement shall be submitted, in writing, to the zoning administrator, chairman of the planning commission and the township supervisor. The request shall be required prior to any application for rezoning or appearance before the planning commission.

(2)

Upon receipt of the request, the zoning administrator will prepare a memo to the planning commission and the township board detailing that a request has been received, from whom and the area proposed for rezoning. The applicant will receive a copy as well. The zoning administrator, the township supervisor and the chairman of the planning commission will arrange for an informal meeting with the developer to discuss the specific request or requests.

(3)

Informal review process. An informal meeting will be held with the zoning administrator, the township supervisor and chairman of the planning commission and the proposed developer or developers. During the meeting the developer should be prepared to provide the following information, in writing:

a.

The zoning district desired.

b.

The specific use proposed.

c.

A conceptual layout. A full site plan is not needed at this time.

d.

Identification of particular items that might be necessary to mitigate the proposed rezoning and associated development.

(4)

From this informal meeting, the township will provide a follow-up letter to the developer and copied to the planning commission and township board which details the following:

a.

The proposed use of the parcel and the desired zoning district.

b.

A discussion of all related zoning requirements included within the existing zoning ordinance.

c.

A discussion of potential items in addition to the typical zoning requirements, which may be necessary or desirable to mitigate the proposed rezoning, and associated development.

d.

A proposed timeline for the process, identifying key dates for submittal, public hearings and tentative approval.

e.

An overview of the discussion, including any relative buffering or other such items which may be considered by the planning commission in terms of surrounding uses, intensity of surrounding uses and the purpose and intent of the zoning regulations and the adopted master plan and any other policy documents or guide so adopted by the township.

(5)

Formal review process. Using the proposed timeline as a guide, the developer or developers will submit all their required information, which for conditional zoning or zoning agreement shall be:

a.

At a minimum, a site plan done to such a level of detail that assures the basic arrangement of any structures and connection to required utilities.

b.

An elevation of the proposed structure.

c.

The rezoning request must be submitted in accordance with the township's rezoning policy, which requires submission at least 30 days prior to the next regularly scheduled planning commission meeting.

• It is important to note that these items will be made part of the approval of the rezoning. Failure to complete the project as approved by the township may result in a loss of the status of the conditional zoning.

(6)

All public notifications, reviews and hearings will be scheduled and advertised as set forth in the zoning ordinance and as typically practiced in the township for the rezoning of land. If the proposed use requires a special land use permit, the special land use permit and hearing may be conducted concurrently if the site plans and appropriate documentation are provided.

(7)

The township will draft a zoning agreement for execution by the township and the developer.

(8)

Any and all conditions imposed as part of the conditional zoning or zoning agreement process must meet the following criteria:

a.

Conditions such as building appearance, landscaping, setbacks in an amount more than what is required by the current zoning ordinance; screening or buffering in an amount more than what is required by the current zoning ordinance, etc., shall be directly related to the proposed project and serve to mitigate any potentially deleterious effects on surrounding properties or properties in general.

b.

Conditions serving as additional performance standards, including but not limited to lighting, noise, traffic, etc., shall be directly related to the proposed project and development and should serve to mitigate any potentially deleterious effects on surrounding properties, the road network, and the general area.

c.

Conditions limiting the specific use of the property are permitted, however, the planning commission and township board should be mindful of being too specific. For example, limiting a use to a "professional office" may prevent the parcel from being used for something similar in intensity, yet different, such as a day care center or commercial or private school. Care should be taken to be specific in terms of standards and intensity and more flexible in terms of naming specific uses.

d.

The planning commission will forward their recommendations to the township board for consideration.

(9)

If the planning commission recommends, and the township board approves a conditional zoning or zoning agreement request, the zoning designation will be noted on the zoning map as an overlay district and the zoning will be referenced as a footnote on the map itself. The footnote will refer to the actual zoning case, the zoning approval and specific conditions and the ordinance number.

(10)

Final zoning agreement. A zoning agreement shall be drafted and executed by the township. The developer shall be responsible for all costs associated with the drafting and executing of the zoning agreement.

a.

The developer, the chairman of the planning commission and the township clerk shall all sign the submitted documentation. A copy will be returned to the developer and the original shall stay with the township.

b.

A copy will be recorded at the Saginaw County Register of Deeds office.

(11)

Enforcement. By approving the conditional zoning or zoning agreement, the township grants rezoning and; then subsequently or concurrently, site plan approval. The specific conditions imposed and agreed to by the developer and the township become part of the approval.

(12)

Should the developer not meet the conditions as specified, they will be considered in violation of the township zoning ordinance and will be pursued as such.

(13)

Any change to the conditions shall require a rezoning and shall follow the same procedure as identified in Section 66-283.

(14)

Should the developer not complete the proposed project within 18 months, the property shall revert to the previous zoning classification.

(15)

Should the developer abandon the specific use and it is vacant and/or abandoned for a period of 18 months, the parcel shall convert to its previous zoning classification.

(16)

A property that reverts from conditional zoning will be considered a legal nonconforming use and subject to all applicable zoning regulations. Reversion of the subject property shall require:

a.

The original developer, the current property owner (if different) and the occupant(s) of the property shall be notified of the pending reversion by certified mail. The township board and planning commission shall receive the same notice. The notice will provide a 30-day period for which the developer/owner can seek an extension of the time frame or begin construction.

b.

If, after the 30 day time frame, no action or formal request has been made, the property in question and so legally described and noted, will be published as a rezoning. The same notice and publication requirements followed for a typical rezoning process shall be followed. The notice will include a time and date for a public hearing at which comments related to the reversion will be held.

(Ord. No. 2015-06, § I, 6-8-2015)

State Law reference— Zoning Amendments, MCL 125.284.