The provisions of this article shall be administered and enforced by the building department.

(Ord. of 7-18-2022)

(a)

The zoning administrator shall have the power to grant zoning compliance permits, to make inspections of buildings, or premises necessary to carry out the enforcement of this chapter. It shall be unlawful for the zoning administrator to approve any plans or issue a zoning compliance permit for any excavation or construction until he or she has inspected such plans and found them in conformity with this chapter. To this end, the zoning administrator may require that every applicant for a zoning compliance permit for excavation, construction, moving, or alteration or change in type of use or the type of occupancy, be accompanied by written statement and plans or plats drawn to scale and showing the following, in sufficient detail to enable the zoning administrator to ascertain whether the proposed work or use is in conformance with this chapter:

(1)

The actual shape, location and dimensions of the lot.

(2)

The shape, size and location of all buildings or other structures to be erected, altered, or moved, and of any buildings or structures already on the lot.

(3)

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

(4)

The signature of the fee holder owner of the premises concerned.

(5)

Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being observed.

(b)

If the proposed excavation, construction, moving, or alteration, or use of land as set forth in the application are in conformity with the provisions of this chapter, the zoning administrator may issue a zoning compliance permit. If any application for such permit is not approved, the zoning administrator shall state in writing on the application, the cause for such disapproval. Issuance of a permit shall in no case be construed as waiving any provision of this chapter.

(c)

The zoning administrator shall not refuse to issue a zoning compliance permit when the conditions imposed by this chapter are complied with by the applicant despite violations of contracts, such as covenants or private agreements which may result upon the granting of said permit.

(d)

The township building department shall not issue a building permit until the zoning administrator has approved an applicable zoning compliance permit, nor shall it issue an occupancy permit until it is verified that the building has been constructed or modified in compliance with the zoning compliance permit.

(Ord. of 7-18-2022)

The following shall apply in the issuance of any permit:

(1)

Required. It shall be unlawful for any person, firm or corporation to commence excavation for, construction of any building or structure, structural changes, or repairs in any existing building or structure, or moving of an existing building, without first obtaining a zoning compliance permit and/or a building permit from the building department. No permit shall be issued for construction, alteration or remodeling of any building or structure until an application has been submitted in accordance with the provisions of this chapter showing that the construction proposed is in compliance with the provisions of this chapter and with the state construction code and other applicable codes and ordinances of the township and upon roof of compliance with the Land Division Act, Public Act No. 288 of 1967 (MCL 560.101 et seq.). These requirements apply to accessory as well as principal buildings.

(2)

For new use of land. A zoning compliance permit shall also be obtained for a new use of land, whether presently vacant or a change in land use is proposed and prior to issuance of any other township approval due to the change in use include building occupancy permits.

(3)

For new use of structures. A zoning compliance permit shall also be obtained for any change in use of an existing building or structure prior to issuance of any other township approval due to the change in use include building occupancy permits.

(4)

Permanent building completions. All buildings shall be completed on the outside in conformance with the state construction code and with finish material such as wood, brick veneer, shingle, masonry or similar performance tested materials within one year after construction is started and before a temporary or final occupancy permit may be issued, unless an extension is granted by the planning commission.

(5)

If the zoning administrator determines that a request for construction of a structure or a request for a new use of land or structures is under the jurisdiction of the planning commission or if they believe there is a question of jurisdiction, they may forward the request to the planning commission.

(6)

A report on zoning permits issued for the month will be provided to the planning commission.

(Ord. of 7-18-2022)

It shall be unlawful to use or permit the use of any land, building, or structure for which a building permit is required, and to use or permit to be used any building or structure hereafter altered, extended, erected, repaired, or moved, until the building department has issued a certificate of occupancy/compliance following verification from the zoning administrator that the provisions of this chapter have been complied with.

(1)

Certificate validity. The certificate of occupancy, as required for new construction of, or renovations to existing buildings and structures, in the state construction code, shall also constitute certificates of occupancy as required by this chapter.

(2)

Certificates for existing buildings. Certificates of occupancy may be issued for part of a building or structure prior to the entire building being completed or ready for occupancy within one year, and provided further that such portions of the building or structure are in conformity with the provisions of this chapter.

(3)

Records of certificates. A record of all certificates of occupancy shall be kept in the office of the building department, and copies of such certificates of occupancy shall be furnished upon request to a person having a proprietary or tenancy interest in the property involved.

(4)

Certificates for accessory buildings to dwellings. Accessory buildings or structures to dwellings shall not require a separate certificate of occupancy, but rather, may be included in the certificate of occupancy for the principal dwelling, building or structure on the same lot when such accessory buildings or structures are completed at the same time as the principal use.

(5)

Application for certificates. Certificates of occupancy shall be applied for to the building official coincidentally with application for building permits and shall be issued within five days after notification of completion of the building, if it is found that the building or structure, or part thereof, or the use of land is in accordance with the provisions of this chapter. If such certificate is refused for cause, the applicant shall be notified of such refusal and the cause thereof within the aforesaid five-day period.

(6)

Temporary certificates. The building department may issue temporary certificates of occupancy/compliance when weather conditions prevent completion of exterior improvements, provided a performance guarantee is provided to the department to ensure completion.

(Ord. of 7-18-2022)

The recipient of any building permit for the construction, erection, alteration, repair or moving of any building, structure or part thereof, shall notify the building department immediately upon the completion of the work authorized by such permit, for a final inspection.

(Ord. of 7-18-2022)

Fees for inspections and the issuance of permits or certificates or copies thereof, required or issued under the provisions of this chapter shall be as set by resolution of the township board and collected by the building department in advance of the issuance of such permits or certificates.

(Ord. of 7-18-2022)

The board may amend, supplement or change the regulations or the district boundaries of this chapter pursuant to the authority and according to the procedures set forth in Public Act No. 110 of 2006 (MCL 125.3101 et seq.). Whenever a petitioner requests a zoning amendment, he or she shall be the fee holder owner of the premises concerned or else have the fee holder owner also subscribe to this petition, and shall submit a petition for rezoning to the township clerk. Any applicant desiring to have any change made in this chapter shall, with his or her petition for such change, deposit a fee as established by the board with the township treasurer at the time that the petition is filed to cover the publication and other miscellaneous costs of said change. Such applicant is entitled to have his petition considered by the board regardless of the recommendation by the township planning commission.

The township planning commission shall hold a public hearing and distribute a report on the public hearing, along with a recommendation regarding the proposed amendment to the township board.

(Ord. of 7-18-2022)

State Law reference— Zoning adoption and enforcement, MCL 125.3401 et seq.

After initiation, amendments to this chapter shall be considered as provided in Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(Ord. of 7-18-2022)

As a condition of approval of a site plan, special land use or planned unit development, the planning commission may require a bond or other financial guarantee of sufficient sum to assure the installation of those feature or components of the approved activity or construction which are considered necessary to protect the health, safety and welfare of the public and of users or inhabitant of the proposed development. Such features or components, hereafter referred to by the term "improvements," may include, but shall not be limited to, roadways, curbs, landscaping fences, walls, screens, lighting, drainage facilities, sidewalks, driveways, utilities and similar items.

(Ord. of 7-18-2022)

State Law reference— Performance guarantee, MCL 125.3505.

In interpreting and applying the provisions of this chapter, they shall be held to the minimum requirements for the provisions of the public safety, health, convenience, comfort, and general welfare of the public. It is not intended by this chapter to interfere with or abrogate or annual any ordinance, rules, regulations, or permits previously adopted or issued, and not in conflict with any of the provisions of this chapter, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises, and likewise not in conflict with this chapter, nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger open spaces, or larger lot areas than are imposed or required by such ordinance or agreements, the provisions of this chapter shall control.

(Ord. of 7-18-2022)

Any person acting on behalf of said person who shall violate any of the provisions of this chapter, or who fails to comply with any of the regulatory measures or conditions issued by the board of appeals, the planning commission or the township board adopted pursuant to this chapter, shall be responsible for a municipal civil infraction.

(1)

The owner of record or tenant of any building, structure, premises, or part thereof, and any agent or person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate violation and suffer the penalties herein provided.

(2)

The imposition of any fine shall not exempt the violator from compliance with the provisions of this chapter.

(3)

Any building or structure which is erected, altered or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of the ordinance from which this article is derived and in violation of any of the provisions thereof is hereby declared to be a public nuisance per se and may be abated by order of any court of competent jurisdiction.

(Ord. of 7-18-2022)

The zoning administrator or his designee shall be authorized to issue and serve appearance tickets on any person with respect to any violation of this chapter when there is reasonable cause to believe that the person has committed such an offense. The township, through its duly authorized attorney, may prosecute in a criminal proceeding any violation of this chapter. In addition, the township, acting through its duly authorized attorney, may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove any violation of this chapter.

(Ord. of 7-18-2022)

The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.

(Ord. of 7-18-2022)

No officer, agent, employee, or member of the board, planning commission, or board of appeals shall be personally liable for any damage which may accrue to any person or property as the result of any act, decision or other consequence or occurrence arising out of the discharge of his duties and responsibilities pursuant to this chapter.

(Ord. of 7-18-2022)

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

(Ord. of 7-18-2022)

It is the intent of this division to require site plan approval prior to issuance of a building permit for residential, commercial, industrial, office, institutional, utility and other nonresidential uses in the township. These types of uses can be expected to have a significant impact on natural resources, traffic patterns, adjacent parcels and the character of future development thereby affecting the public health, safety and general welfare.

(Ord. of 7-18-2022)

(a)

No permit shall be issued for any construction, erection and/or expansion of any building or structure in the township except in accordance with an approved site plan.

(b)

Site plan approval by the planning commission shall not be necessary for issuing permits in the following circumstances:

(1)

Construction, erection and/or expansion of a single or two-family dwelling on a parcel zoned solely for residential purposes.

(2)

All developments regulated by the land division act, as amended (MCL 560.101 et seq.) and the township subdivision control ordinance.

(3)

Construction solely on the building interior that does not increase usable floor area.

(4)

Construction or erection of signs; retaining walls; fences; buffer walls; refuse storage stations; sidewalks; antennas; lights; poles; and cooling, heating, or other mechanical equipment when located on a building or occupying a ground area of less than 100 square feet.

(c)

Site plans for the circumstances set forth in subsection (a) of this section shall be reviewed by the building department. The building department shall review such plans in accordance with the same procedures, requirements, and standards used by the planning commission.

(d)

Site plans for all circumstances except as set forth in subsection (b) of this section shall be reviewed by the planning commission in accordance with the procedures, requirements and standards set forth in this chapter.

(Ord. of 7-18-2022)

Site plans shall be required for all special land uses.

(Ord. of 7-18-2022)

Site plans for planned unit developments shall also be subject to the provisions of article 3, division 13 of this chapter, planned unit development. Site plans for site condominiums and condominium subdivisions shall also be subject to article 4 of this chapter, condominium standards and the Condominium Act, Public Act No. 59 of 1978 (MCL 559.101 et seq.).

(Ord. of 7-18-2022)

State Law reference— Planned unit development, MCL 125.3503.

The following procedures shall govern the submission and review of site plans:

(1)

Plans shall be submitted to the building department. These plans may be preliminary and/or final plans. A site plan shall contain the following information:

a.

A completed application form, supplied by the township clerk or building department, and an application fee.

b.

Current proof of ownership of the land to be utilized or evidence of a contractual ability to acquire such land, such as an option or purchase agreement.

c.

Sheet size of submitted drawings shall be at least 24 inches by 36 inches, with graphics at an engineer's scale of one-inch equals 20 feet for sites of 20 acres or less: and one-inch equals 100 feet or less (i.e. one-inch equals 20 to 100 feet) for sites over 20 acres.

d.

Cover sheet providing:

1.

The applicant's name;

2.

Name of the development;

3.

The preparer's name and professional seal of architect, engineer, surveyor or landscape architect indicating license in the state;

4.

Date of preparation and any revisions;

5.

North arrow;

6.

Property lines and dimensions;

7.

Complete and current legal description and size of property in acres;

8.

Location sketch of sufficient size and scale (suggest within one-half mile);

9.

Zoning and current land use of applicants' property and all abutting properties and of properties across any public or private street from the site; and

10.

Location of any access points on both sides of the street within 100 feet of the site and along streets where access to the site is proposed.

e.

Plan sheet indicating:

1.

Existing buildings and any public or private easements, noting those which will remain and which are to be removed.

2.

Layout and typical dimensions of proposed lots, footprints and dimensions of proposed buildings and structures; uses with the acreage allotted to each use. For residential developments, the number, type and density of proposed housing units; if a multi-phase development is proposed, identification of the areas included in each phase.

3.

For sites exceeding five acres and/or containing more than two buildings, elevations showing height and materials for all proposed structures, including any residential units, shall be provided and considered part of the approved site plan.

4.

Building footprints, setbacks, typical floor plans and a sketch of any rooftop or ground mounted equipment to scale.

5.

Existing and proposed locations of utility services with sizes, including storm drainage, retention or detention ponds, fire hydrants, and any public or private easement; notes shall be provided clearly indicating which existing services will remain and which will be removed.

6.

Location of any MDEQ-regulated wetland, documentation of MDEQ-approved wetland determination, and indication of the status of application for an MDEQ wetland permit or copy of permit received including description of any wetland mitigation required and location of other significant nonregulated wetland areas over two contiguous acres.

7.

Location and method of screening for all refuse storage stations/dumpsters.

8.

Location and dimensions of parking lots and spaces, and loading/unloading areas, and calculations to meet the requirements of article 7 of this chapter.

9.

Details of exterior lighting including locations, height, method of shielding.

10.

Locations of all signs complying with the standards of chapter 13, signs, as amended including:

(i)

Location, type, height and method of lighting for identification signs;

(ii)

Location and type of any directional or regulatory/traffic control signs, with details for any sign not conforming to the state manual of uniform traffic control devices.

11.

Details of site circulation and access design, including:

(i)

Dimensions of existing and proposed right-of-way lines, including those abutting the site, and names of abutting public streets;

(ii)

Indication of street pavement widths and pavement type;

(iii)

Street horizontal and vertical dimensions, including curve radii;

(iv)

Locations and dimensions of access points, including deceleration or passing lanes, distance from adjacent driveways or intersections streets, including those across a street.

f.

A landscape plan indicating proposed plant locations with common plant name, number and size at installation. Berms, retaining walls or fences shall be shown with elevations from the surrounding average grade.

g.

A site grading plan for all developments where grading will occur, with existing and proposed topography at a minimum of two foot contour intervals and with topography extending a minimum of 50 feet beyond the site in all directions and a general description of grades within 100 feet, and further where required to indicate stormwater runoff into an approved drain or detention/retention pond.

h.

A general description and location of stormwater management system shall be shown on the grading plan, including pre- and post-site development runoff calculations used for determination of stormwater management, and location and design slope of any retention/detention ponds. Stormwater outflow structures or basins constructed in an MDEQ-regulated wetland may require an MDEQ wetland permit. Status of MDNR permit application or copy of permit with attached conditions shall be provided, as applicable.

i.

Written verification of access easements or agreements, if applicable.

j.

A note on each plan sheet stating "Not to be used as construction drawings."

k.

Building elevations showing the proposed type of building materials and colors, building height, roof design, projections, canopies and overhangs and roof-located mechanical equipment, such as: air conditioning, heating units and transformers that will be visible from the exterior.

l.

Any additional graphics or written materials requested by the planning commission in determining the compliance with the final site plan standards, such as aerial photography, photographs, traffic impacts using trip generation rates recognized by the Institute of Transportation Engineers for an average day and peak hour of the affected roadways, impact on significant natural features and drainage or any other information necessary to determine compliance with the ordinance.

m.

The planning commission may waive any of the informational requirements of this section by general rule or by in review of a specific site plan when it determines that the information is not necessary to determine compliance with the ordinance standards for site plan approval.

(2)

The following information shall be submitted as a part of an application for permission to commence any type of development within a flood hazard area:

a.

The elevation in relation to mean sea level of the floor, including basement, of all structures;

b.

A description of the extent to which any watercourse will be altered or relocated as a result of proposed development;

c.

Proof of development permission from appropriate local, state, and federal agencies, including a floodplain permit, approval, or letter of no authority from the state department of environmental quality under authority of part 31 of Public Act No. 451 of 1994 (MCL 324.3101 et seq.), the Floodplain Regulatory Authority;

d.

Base flood elevation data where the proposed development is subject to Public Act No. 288 of 1967 (MCL 560.101 et seq.), the land division act, or greater than five acres in size;

e.

Additional information which may be reasonably necessary to determine compliance with the provisions of this section.

(Ord. of 7-18-2022)

Based upon the following standards, the planning commission may deny, approve, or approve with conditions the site plan. If denied, the planning commission shall cite reasons for denial.

(1)

Generally. All elements of the site plan shall be designed to take into account the site's topography, the size and type of plot, the character of adjoining property and the type and size of buildings, and the traffic operations of adjacent streets. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this section.

(2)

Preservation of significant natural features. Judicious effort shall be used to preserve the integrity of the land, existing topography, and natural features, in particular MDEQ-designated/regulated wetlands, and, to a lesser extent, wetlands which are not regulated by the MDEQ.

(3)

Streets. All streets shall be developed in accordance with the township subdivision control ordinance and county road commission construction standards, unless developed as a private road.

(4)

Access, driveways and circulation. Safe convenient, uncongested, and well defined vehicular and pedestrian circulation within and to the site shall be provided. Drives, streets, parking and other elements shall be designed to discourage through traffic, while promoting safe and efficient traffic operations within the site and at its access points. All driveways shall meet the design and construction standards of the county road commission. Access to the site shall be designed to minimize conflicts with traffic on adjacent streets, particularly left turns into and from the site. For uses having frontage and/or access on a major traffic route, as defined in the master plan, the number, design, and location of access driveways and other provisions for vehicular circulation shall comply with the provisions of article 9 of this chapter.

(5)

Emergency vehicle access. All buildings or groups of buildings shall be arranged so as to permit necessary emergency vehicles access as required by the fire department and police department.

(6)

Sidewalks, pedestrian and bicycle circulation. The arrangement of public or common ways for vehicular and pedestrian circulation shall be connected to existing or planned streets and sidewalks/pedestrian or bicycle pathways in the area. There may be provided a pedestrian circulation system which is separated from the vehicular circulation system. In order to ensure public safety, special pedestrian measures, such as crosswalks, crossing signals and other such facilities may be required in the vicinity of primary and secondary schools, playgrounds, local shopping areas, fast food/service restaurants and other uses which generate a considerable amount of pedestrian or bicycle traffic.

(7)

Barrier free access. The site shall be designed to provide barrier free parking and pedestrian circulation.

(8)

Parking. The layout, number and dimensions of off-street parking shall be sufficient to meet the minimum required by article 7 of this chapter. However, where warranted by overlapping or shared parking arrangements, the planning commission may reduce the required number of parking spaces.

(9)

Loading. All loading and unloading areas and outside storage areas, including refuse storage stations, shall be screened in accordance with article 8 of this chapter.

(10)

Landscaping. The landscape shall be preserved in its natural state, insofar as practical, by removing only those areas of vegetation or making those alterations to the topography which are reasonably necessary to develop the site in accordance with the requirements of this section. Landscaping shall be preserved and/or provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property. Landscaping, landscape buffers and greenbelts shall be provided and designed in accordance with the provisions of article 8 of this chapter. The planning commission may require screening described in article 8 when they determine it is necessary to protect surrounding property from off-site impacts such as noise, light or drifting material or to screen open storage or similar uses from view.

(11)

Soil erosion control. The site shall have adequate lateral support so as to ensure that there will be no erosion of soil or other material. The final determination as to adequacy of, or need for, lateral support shall be made by the building department.

(12)

Utilities. Public water and sewer facilities shall be available or shall be provided for by the developer as part of the site development, where such systems are available.

(13)

Stormwater management. Appropriate measures shall be taken to ensure that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Provisions shall be made to accommodate stormwater which complements the natural drainage patterns and wetlands, prevent erosion and the formation of dust. Sharing of stormwater facilities with adjacent properties shall be encouraged. The use of detention/retention ponds may be required. Stormwater detention/retention facilities shall comply with the applicable requirements of section 14.5-11. Surface water on all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic or create standing water.

(14)

Lighting. Exterior lighting shall be arranged so that it is deflected away from adjacent properties and so that it does not impede the vision of traffic along adjacent streets. Flashing or intermittent lights shall not be permitted. A minimum level of lighting in parking lots and building entrances shall be provided and maintained. Failure to replace burned out lights will be considered a violation of this section.

(15)

Noise. The site shall be designed, buildings are so arranged, and activities/equipment programmed to minimize the emission of noise, particularly for sites adjacent to residential districts.

(16)

Mechanical equipment. Mechanical equipment, both roof and ground mounted, shall be screened in accordance with the requirements of section 14.5-9.

(17)

Signs. The standards of chapter 13, signs, as amended, shall be met.

(18)

Hazardous materials or waste. For businesses utilizing, storing or handling hazardous material such as automobile service and automobile repair stations, dry cleaning plants, metal plating industries, and other industrial uses, documentation of compliance with state and federal requirements shall be provided.

(19)

Other agency reviews. The applicant has provided documentation of compliance with other appropriate agency review standards, including, but not limited to, the county drain commission, county road commission, the county water and waste and other federal and state agencies, as applicable.

(20)

Crime prevention through environmental design. The site shall incorporate design features that are consistent with the concept of "Crime Prevention through Environmental Design" (CPTED). The core strategies of CPTED include:

a.

Territoriality, such as signage indicating the usage of security systems;

b.

Surveillance, such as through increased use of windows and traffic flow;

c.

Access control, such as through locking gates and thorny bushes underneath windows;

d.

Image and maintenance;

e.

Activity support; and

f.

Target hardening.

(Ord. of 7-18-2022)

(a)

As part of an approval to any site plan, the planning commission may impose any additional conditions or limitation as in its judgment may be necessary to ensure that public services and facilities can accommodate the proposed site plan and its activities, to protect significant natural features and the environment, and to ensure compatibility with adjacent land uses. Such conditions shall be considered necessary by the planning commission to ensure compliance with the review standards of section 14.2-36, and necessary to meet the intent and purpose of this section.

(b)

Approval of a site plan, including conditions made as part of the approval, is attached to the property described as part of the application and not to the owner of such property.

(c)

A record of conditions imposed shall be recorded on the site plan and maintained. The conditions shall remain unchanged unless an amendment to the site plan is approved.

(d)

A record of the decision of the planning commission, the reason for the decision reached and any conditions attached to such decision shall be kept and made a part of the minutes of the planning commission.

(e)

The building department may require that the applicant revise and resubmit a site plan in compliance with the conditions imposed by the planning commission. Should resubmittal be required, the building department shall have authority to approve the final site plan.

(f)

The building department may make periodic investigations of developments for which site plans have been approved. Noncompliance with the requirements and conditions of the approved site plan shall constitute grounds for the planning commission to terminate said approval following a public hearing.

(Ord. of 7-18-2022)

(a)

Approval of the final site plan is valid for a period of one year. If actual physical construction of a substantial nature of the improvements included in the approved site plan has not commenced and proceeded meaningfully toward completion during that period, the approval of the final site plan shall be null and void.

(b)

Upon written application, filed prior to the termination of the one year review period, the planning commission may authorize a single extension of the time limit for approval of a final site plan for a further period of not more than one year. Such extension shall only be granted based on evidence from the applicant that the development has a likelihood of commencing construction within the extension period, the length of which shall be determined by the planning commission but which shall not exceed one year.

(Ord. of 7-18-2022)

An appeal of a planning commission decision concerning a site plan shall be to the circuit court of the county.

(Ord. of 7-18-2022)

Amendments to the approved final site plan may occur only under the following circumstances:

(1)

An applicant or property owner who has been granted final site plan approval shall notify the building department of any proposed amendment to such approved site plan.

(2)

Minor changes may be approved by the building department upon certification in writing to the planning commission that the proposed revision does not alter the basic design, compliance with the standards of section 14.2-36, nor any specified conditions of the plan as agreed upon by the planning commission. In considering such a determination, the building department shall consider the following to be a minor change:

a.

For residential buildings, the size of structures may be reduced, or increased by up to five percent provided that the overall density of units does not increase;

b.

Square footage of nonresidential buildings may be decreased, or increased by up to five percent or 10,000 square feet, whichever is smaller;

c.

Horizontal and/or vertical elevations may be altered by up to five percent;

d.

Movement of a building or buildings by no more than ten feet;

e.

Designated "areas not to be disturbed" may be increased;

f.

Plantings approved in the final site plan landscape plan may be replaced by similar types and sizes of landscaping which provides a similar screening effect on a one-to-one or greater basis;

g.

Improvements to site access or circulation, such as inclusion of deceleration lanes, boulevards, curbing, pedestrian/bicycle paths, etc.;

h.

Changes in floor plans which do not alter the character of the use;

i.

Slight modification of sign placement or reduction of size;

j.

Internal rearrangement of parking lot which does not affect the number of parking spaces or alter access locations or design; and

k.

Changes required or requested by the township for safety reasons shall be considered a minor change.

(3)

Should the building department determine that the requested modification to the approved site plan is not minor, the planning commission shall be notified in writing that the site plan has been suspended, and, if construction has initiated, a stop work order shall be issued for the section of the project deemed not to be in compliance. Thereafter, the applicant may revise the site plan and submit to the building department for resubmission to the planning commission.

(4)

Should the planning commission determine that the modification to the site plan has an impact off-site, that was originally shown on the site plan, a new submittal shall be required.

(5)

Any deviation from the approved site plan, except as authorized in subsection 14.2-36(2) shall be considered a violation of this article and treated as a civil infraction.

(Ord. of 7-18-2022)

A zoning board of appeals, hereinafter in this division sometimes referred to by the term "board of appeals," is hereby established pursuant to Public Act No. 110 of 2006 (MCL 125.3101 et seq.), the composition, powers and duties of which are prescribed in this division.

(Ord. of 7-18-2022)

Public Act No. 110 of 2006 (MCL 125.3101 et seq.) is hereby adopted and made part of this division and the terms of the statute shall prevail, except as modified by the terms of this chapter which are not in direct conflict thereto.

(Ord. of 7-18-2022)

(a)

The zoning board of appeals shall consist of five regular members appointed by the township supervisor, with the approval of the township board by a majority vote of the members elected and serving. The first regular member shall be a member of the planning commission. One regular member may be a member of the township board. The remaining regular members of the board of appeals and alternate members shall be selected from the electors of the township. The members selected shall be representative of the population distribution and of various interests present in the township. Terms shall be for three years, except for members serving because of their membership on the planning commission or township board, whose terms shall be limited to the time they are members of the planning commission or township board, respectively, and the period stated in the resolution appointing them.

(b)

The zoning board of appeals may include up to two alternate members appointed by the township supervisor, with the approval of the township board by a majority vote of the members elected and serving, for the same term as regular members to the zoning board of appeals. An alternate member may be called by the chairman, or in the absence of the chairman by the vice-chairman, or in the absence of the vice-chairman by the secretary, to serve as a regular member of the board of appeals in the absence of a regular member if the regular members is absent from or will be unable to attend two or more consecutive meetings of the board of appeals or is absent from or will be unable to attend meetings for a period of more than 30 consecutive days. An alternate member may also be called to serve as a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of conflict of interest. The alternate member appointed shall serve in the case until a final decision is made. The alternate member has the same voting rights as a regular member of the board of appeals.

(c)

Any vacancies shall be filled by the township board for the unexpired term.

(d)

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 a 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.

(Ord. of 7-18-2022)

(a)

Meetings of the board of appeals shall be held at the call of the chairman and at such other times as the board in its rules of procedure may specify. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board of appeals shall be open to the public. The board shall maintain a record of its proceedings which shall be filed in the office of the township clerk and shall be a public record.

(b)

The board is hereby authorized to establish its own rules of procedure and to elect a chairman, vice-chairman and a secretary.

(c)

A board of appeals shall not conduct business unless a majority of the regular members of the board is present.

(Ord. of 7-18-2022)

(a)

The board of appeals shall act upon all questions as they may arise in the administration of this chapter, including the interpretation of the zoning map and the precise location of the boundary lines between zoning districts as they are displayed on the zoning map.

(b)

The board of appeals shall hear and decide appeals from and review any order, requirements, decision or determination made by an administrative office or body charged with enforcement of this chapter.

(c)

The board of appeals shall hear and decide all matters referred to it or upon which it is required to pass under this chapter.

(Ord. of 7-18-2022)

(a)

An appeal may be taken by any person aggrieved or by any officer, department, board or bureau of the township, county or state.

(b)

An appeal shall be taken within such reasonable time as shall be prescribed by the board by general rule, and if no general rule has been adopted, within 60 days of the order, requirements or determination of an administrative official, by the filing with the building department and with the board of a notice of appeal specifying the grounds thereof. The building department shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. Filing with the secretary of the board the notice of appeal, or, in the absence of the secretary filing of the same with the chairman or presiding officer, shall satisfy the provision of this section that a copy of the notice of appeal be filed with the board.

(Ord. of 7-18-2022)

The board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the officer from whom the appeal was taken and may issue or direct the issuance of a permit. Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this chapter, the zoning board of appeals shall have the power in passing upon appeals to vary or modify any of its rules, regulations or provisions so that the spirit of this chapter shall be observed, public safety secured, and substantial justice done. Nothing herein contained shall be construed to give or grant to the board of appeals the authority to make changes in the zoning chapter or the zoning map acting under the authority of appeal board. The power and authority to rezone is reserved to the township board in the manner provided by Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(Ord. of 7-18-2022)

An appeal stays all proceedings in furtherance of the action appealed from, unless the building department certifies to the board after the notice of appeal shall have been filed with him that by reason of acts stated in the certificate, a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed other than by a restraining order which may be granted by the board or by the circuit court for the county, on application, on notice to the building department.

(Ord. of 7-18-2022)

The board shall fix a reasonable time for the hearing of the appeal and shall give notice as required by article VI of Public Act No. 110 of 2006 (MCL 125.3601 et seq.).

(Ord. of 7-18-2022)

The following materials shall be filed with the building department with the request for a variance:

(1)

A completed application form signed by the applicant or his agent. Applicants other than the owner of the property must submit evidence that the owner of the property is aware and approves of the application.

(2)

A legal description of the property involved in the request.

(3)

A site plan, drawn to scale, sufficient to show the nature and extent of the requested variance.

(Ord. of 7-18-2022)

Any interested party may appear and be heard at the board of appeals hearing in person or by any agent or attorney.

(Ord. of 7-18-2022)

The board shall not have the power to alter or change the zoning district classification of any property except as provided in section 14.2-59.

(Ord. of 7-18-2022)

(a)

The board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the officer from whom the appeal was taken and may issue or direct the issuance of a permit.

(b)

Approval of variance.

(1)

The board of appeals does not have the authority to grant a use variance.

(2)

The board of appeals may issue a non-use variance if it finds that the request meets the following conditions.:

a.

That the need to vary or modify the provisions or requirements of this chapter arises from exceptional or extraordinary circumstances or conditions of the subject property, such as exceptional narrowness, shallowness, shape, topography or areas, which are peculiar to the subject property and not generally applicable to other property in the same zoning district.

b.

The literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district.

c.

That the exceptional or extraordinary circumstances or conditions do not result from the actions of the applicant. The possibility of increased financial return shall not of itself be deemed sufficient to warrant a variance.

d.

That the granting of such variance will not be of substantial detriment to adjoining property or the public good and will not materially impair the intent and purpose of this chapter.

(c)

Reasonable conditions may be required with the approval of a variance. The conditions may include conditions necessary to insure that public services and facilities affected by variance will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses of land, and to promote the insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:

(1)

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

(2)

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

(3)

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

(d)

The conditions imposed with respect to the approval of a variance shall be recorded in the record of the approval action, and shall remain unchanged except upon the consent of the board of appeals following a public hearing. The approving authority shall maintain a record of conditions which are changed.

(e)

Nothing herein contained shall be construed to give or grant to the board of appeals the authority to make changes in the text of this chapter or the zoning map. The power and authority to amend the ordinance from which this chapter is derived is reserved to the township board in the manner provided by Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(Ord. of 7-18-2022)

The decision of the board shall not become final until the expiration of five days from the date of entry of the order, unless the board shall find the immediate effect of the order is necessary for preservation of property or personal rights and shall so certify on the record.

(Ord. of 7-18-2022)

In its decisions the board shall state a finding of facts underlying its decisions.

(Ord. of 7-18-2022)

Decisions of the board of appeals may be appealed to the appropriate court on the record and for that reason the board shall cause a record to be made of its proceedings.

(Ord. of 7-18-2022)

(a)

No order of the board permitting a use of a building or premises shall be valid for a period longer than one year unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is commenced and proceeds to a completion in accordance with the terms of such permit.

(b)

No order of the board permitting a use of a building or premises shall be valid for a period longer than one year unless such use is established within such period; provided, however, that if the use of such permit is dependent upon the erection or alteration of a building, such order shall continue in full force and effect if a building permit for such use, erection or alteration is obtained within such period and such erection or alteration is commenced and proceeds to completion in accordance with the terms of such permit.

(Ord. of 7-18-2022)