Only the Township Board may amend this Ordinance. Proposals for amendments or changes may be initiated by the Township Board on its own motion, by the Planning Commission, or by petition of one or more owners of property to be affected by the proposed amendment.

(Ord. of 11-12-1987, § 23.01)

The procedures for making amendments to this Ordinance shall be in accordance with the Michigan Zoning Enabling Act of 2006 (MCL 125.3101 et seq.), as the same may be amended from time to time. A petition, together with a completed signed application, and fees, shall be filed with the Township Clerk. The Clerk shall review the petition and application as to form and, when it is complete, shall transmit same to the Township Planning Commission for review and report. Thereafter, the Township shall establish a date to conduct a public hearing before the Planning Commission on the petition as provided in Public Act No. 110 of 2006 (MCL 125.3101 et seq.), as the same may be amended from time to time. Such public hearing procedure shall also apply to amendments initiated by the Township Board or the Township Planning Commission.

(Ord. of 11-12-1987, § 23.02; Amd. No. 50, § 5, 9-14-2006)

The Clerk shall cause to provide a notice of public hearing for any proposed amendment to this Ordinance in the manner as is provided by Public Act No. 110 of 2006 (MCL 125.3101 et seq.), as the same may be amended from time to time.

(Amd. No. 50, § 6, 9-14-2006)

The petitioner shall submit a detailed description of the petition to the Township Clerk. When the petition involves a change in the Zoning Map, the petitioner shall submit the following information:

A.

A legal description of the property.

B.

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

C.

The name and address of the petitioner.

D.

The petitioner's interest in the property, and if the petitioner is not the owner, the name and address of the owner.

E.

Date of filing with the Township Clerk.

F.

Signature(s) of petitioner(s) and owner(s) certifying the accuracy of the required information.

G.

The desired change and reasons for such change.

(Ord. of 11-12-1987, § 23.04)

Steps in making a change to this Zoning Ordinance are as follows:

A.

Petitioner submits application and fee.

B.

Clerk transmits application to Planning Commission, sets hearing date, and publishes Notice of Hearing.

C.

Planning Commission holds a hearing, makes a decision on whether to recommend approval or denial regarding the application, transmits that decision to the County Planning Commission and to the Township Board.

D.

After receiving the County zoning recommendations, the Township Board either enacts or rejects the proposed change as an Ordinance amendment, and publishes the text of the change in the newspaper, if enacted.

(Ord. of 11-12-1987, § 23.05; Amd. No. 1, 8-11-1988; Amd. No. 80, §§ 30, 31, 5-11-2017)

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 100 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:

A.

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.

B.

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

C.

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

D.

Effect of approval of the petition on adopted development, policies of Cohoctah Township and other government units.

E.

All findings of fact shall be made a part of the public records of the meetings of the Planning Commission and Township Board. An amendment shall not be approved, unless these and other identified facts be affirmatively resolved in terms of the general health, safety, welfare, comfort and convenience of the citizens of Cohoctah Township, or of other civil divisions where applicable.

F.

Whether the rezoning is consistent with the policies and uses proposed for that area in the Township's Master Plan.

G.

Whether all of the uses allowed under the proposed rezoning would be compatible with other zones and uses in the surrounding area.

H.

Whether the uses allowed under the proposed rezoning would be equally or better suited to the area than uses allowed under the current zoning of the land.

(Ord. of 11-12-1987, § 23.06; Amd. No. 1, 8-11-1988; Amd. No. 46, 12-8-2005; Amd. No. 48, §§ 2—4, 5-11-2006; Amd. No. 80, § 32, 5-11-2017)

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 boundaries, if certain conditions could be offered by property owners as part of a request for a rezoning. It is the intent of this Section to provide a process consistent with the provisions of Section 405 of the Michigan Zoning Enabling Act of 2006 (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. Therefore, as an alternative to a rezoning amendment as described in this Article, Cohoctah Township may allow conditional rezoning to help ensure the proper use of land and natural resources and to allow for a more flexible approach to the rezoning process in accordance with the Michigan Zoning Enabling Act of 2006 (MCL 125.3101 et seq.). If a property owner submits an offer for conditional rezoning as provided within this Section then the procedure for the proposed conditional rezoning of land shall follow the standards and procedures as noted below.

A.

Amendment Procedure. The amendment procedure for a conditional rezoning shall follow the same procedure as a traditional rezoning amendment pursuant to this Article except as otherwise modified by this Section.

B.

Procedures and Standards for Proposed Rezoning Requests. An owner of land may voluntarily offer in writing conditions relating to the use and/or development of land for which a rezoning is requested. This offer may be made either at the time the application for rezoning is filed or may be made at a later time during the rezoning process. In addition to the procedures as provided in this Article, the following specific procedures, standards, and requirements apply to all proposed conditional rezoning requests:

1.

A conditional rezoning request must be voluntarily offered by the owner of land within the Township. All offers must be made in writing and must provide the specific conditions to be considered by the Township as a part of the rezoning request. The offer may be made either at the time the application for rezoning is filed or may be made at a later time during the rezoning process. All offers shall be in the form of a written agreement approvable by the Township and property owner, incorporating the conditional rezoning site plan set forth below, when required, and setting forth any conditions and terms mutually agreed upon by the parties relative to the land for which the conditional rezoning is sought.

2.

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

3.

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

4.

The owner's offer of conditions shall bear a reasonable and rational relationship to the property and the area adjacent to the property for which rezoning is requested.

5.

Conditional rezoning shall not grant, or be considered as, a grant of special land use approval. The process for review and approval of special land uses must follow the provisions of Article XIII of this Ordinance.

6.

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

7.

In addition to the informational requirements provided for in Section 23.04 of this Ordinance the applicant must provide a conditional rezoning site plan to show the location, size, height or other measures for and/or of buildings, structures, improvements and features on, and in some cases adjacent to, the property that is the subject of the conditional rezoning of land when such a site plan would assist the Township in reviewing and acting upon the conditional rezoning request. The details to be offered for inclusion in the conditional rezoning site plan shall be determined by the applicant, subject to approval of the Township. A conditional rezoning site plan shall not replace the requirement under this Ordinance for site plan review and approval, or subdivision or site condominium approval, as the case may be.

8.

The offer of conditions may be amended during the process of rezoning consideration provided that any amended or additional conditions are entered voluntarily by the owner. An owner may withdraw 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 to the Planning Commission for a new public hearing with appropriate notice and a new recommendation.

C.

Township Board Review. After receipt of the Planning Commission's recommendation, the Township Board shall deliberate upon the requested rezoning and may approve or deny the conditional rezoning request. The Township Board's deliberations shall include, but not be limited to, a consideration of the factors set forth in Section 23.06 of this Ordinance. Should the Township Board consider amendments to the proposed conditional rezoning advisable and if such contemplated amendments to the offer of conditions are acceptable to and thereafter offered by the owner, then the Township Board shall, in accordance with Section 401 of the Michigan Zoning Enabling Act of 2006 (MCL 125.3401), refer such amendments to the Planning Commission for a report thereon within a time specified by the Township Board and proceed thereafter in accordance with said statute to deny or approve the conditional rezoning with or without amendments.

D.

Approval.

1.

If the Township Board finds the rezoning request and offer of conditions acceptable, the offered 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 rezoning.

2.

The statement of conditions shall:

(a)

Be in a form recordable with the Livingston County Register of Deeds and in a manner acceptable to the Township Board.

(b)

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

(c)

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

(d)

Incorporate by attachment or reference any diagram, plans or other documents submitted or approved by the owner that are necessary to illustrate the implementation of the statement of conditions. If any such documents are incorporated by reference, the reference shall specify where the document may be examined.

(e)

Contain a statement acknowledging that the statement of conditions shall be recorded by the Township with the Livingston County Register of Deeds.

(f)

Contain the notarized signatures of all of the owners of the subject land preceded by a statement attesting to the fact that they voluntarily offer and consent to the provisions contained within the statement of conditions.

3.

Upon the rezoning taking effect, the Zoning Map shall be amended to reflect the new zoning classification along with a designation that the land was rezoned with a statement of conditions. The Township Clerk shall maintain a listing of all lands rezoned with a statement of conditions.

4.

The approved statement of conditions shall be filed by the Township with the Livingston County Register of Deeds. The Township Board shall have 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 such a document would be of no material benefit to the Township or to any subsequent owner of the land.

5.

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

E.

Compliance with Conditions.

1.

Any person who establishes a development or commences a use upon land that has been rezoned with conditions shall continuously operate and maintain the development or use in compliance with all of the conditions set forth in the statement of conditions. Any failure to comply with a condition contained within the statement of conditions shall constitute a violation of this Zoning 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.

2.

No permit or approval shall be granted under this Section for any use or development that is contrary to an applicable statement of conditions.

F.

Time Period for Establishing Development or Use. Unless another time period is specified in the Ordinance rezoning the subject land, the approved development and/or use of the land pursuant to building and other required permits, must be commenced upon the land within 12 months after the rezoning took effect and thereafter proceed diligently to completion. This time limitation may upon written request be extended by the Township Board for the following:

1.

It is demonstrated to the Township Board's reasonable 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 a change in circumstances that would render the current zoning with statement of conditions incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy.

G.

Reversion of Zoning. If approved development and/or use of the rezoned land does not occur within the time frame specified under Subsection F above, then the land shall revert to its former zoning classification as set forth in MCL 125.34054. The reversion process shall be initiated by the Township Board requesting that the Planning Commission proceed with consideration of rezoning of the land to its former zoning classification. The procedure for considering and making this reversionary rezoning shall thereafter be the same as applies to all other rezoning requests.

H.

Subsequent Rezoning of Land. When land that is rezoned with a statement of conditions is thereafter rezoned to a different zoning classification, or rezoned to the same zoning classification but with a different statement of conditions or no statement of conditions; whether as a result of a reversion of zoning pursuant to Subsection G above, or otherwise, the statement of conditions imposed under the former zoning classification shall cease to exist. The Township Clerk shall record with the Livingston County Register of Deeds a notice that the statement of conditions is no longer in effect.

I.

Amendment of Conditions.

1.

During the time period for commencement of an approved development or use specified pursuant to Subsection F 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.

2.

The Statement of Conditions may be amended thereafter in the same manner as was prescribed for the original rezoning and Statement of Conditions.

J.

Township Right to Rezone. Nothing, in the statement of conditions or 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 Michigan Zoning Enabling Act of 2006 (MCL 125.3101 et seq.).

K.

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.

(Amd. No. 48, § 1, 5-11-2006; Amd. No. 80, § 33, 5-11-2017)