Hopkins Township City Zoning Code
GENERAL PROVISIONS
§ 157.001 TITLE.
This chapter shall be known and may be cited as the “Hopkins Township Zoning Ordinance”.
(Prior Code, Ch. XV, § 1.01) (Ord. 1977-1, passed 10-10-1977)
§ 157.002 PURPOSE.
(A) This chapter is based upon the Township General Development Plan and is designed:
(1) To promote the public health, safety, morals and general welfare;
(2) To encourage the use of land in accordance with its character and adaptability and limit the improper use of land;
(3) To avoid the overcrowding of population;
(4) To provide adequate light and air;
(5) To lessen congestion on the public roads and streets;
(6) To reduce hazards to life and property;
(7) To facilitate the adequate provision of a system of transportation, sewage disposal, safe and adequate water supply, education, recreation and other public requirements; and
(8) To conserve the expenditure of funds for public improvements and services so as to obtain the most advantageous uses of land, resources and properties.
(B) This chapter is adopted with reasonable consideration, among other things, of the character of each zoning district, its peculiar suitability for particular uses, the conservation of property values and natural resources, and the general and appropriate trend and character of land, building and population development.
(Prior Code, Ch. XV, § 2.01) (Ord. 1977-1, passed 10-10-1977)
§ 157.003 SCOPE AND INTERPRETATION.
(A) This chapter shall be deemed an amendment to the existing Township Zoning Ordinance, which supersedes and replaces said existing Zoning Ordinance in its entirety. In addition, all other ordinances and parts thereof which are in conflict in whole or in part with any of the provisions of this chapter are repealed as of the effective date of this chapter.
(B) This chapter shall not annul or in any way impair or interfere with existing private restrictions, placed upon property by covenant, deed or other private agreement, or with restrictive covenants running with the land to which the township is a party; provided, however, that, where this chapter imposes greater restrictions, limitations or requirements upon:
(1) The use of buildings, structures or land;
(2) The height of buildings or structures;
(3) Lot coverage;
(4) Lot area;
(5) Yard or other open spaces; or
(6) Any other use or utilization of land than are imposed or required by such existing private restrictions or restrictive covenants, the provisions of this chapter shall control.
(Prior Code, Ch. XV, § 2.02) (Ord. 1977-1, passed 10-10-1977)
§ 157.004 LEGAL BASIS.
This chapter is enacted pursuant to Public Act 184 of 1943, being M.C.L.A. §§ 125.271 through 125.301, as amended.
(Prior Code, Ch. XV, § 2.03) (Ord. 1977-1, passed 10-10-1977)
§ 157.005 DEFINITIONS.
(A) Rules applying to text. The following listed rules of construction apply to the text of this chapter.
(1) The particular shall control the general.
(2) With the exception of this chapter, the headings which title a chapter, section or division are for convenience only and are not to be considered in any construction or interpretation of this chapter or as enlarging or restricting the terms and provisions of this chapter in any respect.
(3) The word “shall” is always mandatory and discretionary. The word “may” is permissive.
(4) Unless the context clearly indicates to the contrary:
(a) Words used in the present tense shall include the future tense;
(b) Words used in the singular number shall include the plural number; and
(c) Words used in the plural number shall include the singular number.
(5) A “building” or “structure” includes any part thereof.
(6) The word “person” includes a firm, association, partnership, joint venture, corporation, trust or equivalent entity or a combination of any of them as well as a natural person.
(7) The words “used” or “occupied”, as applied to any land or building shall be construed to include the words “intended”, “arranged”, or “designed to be used” or “occupied”.
(8) Any word or term not defined herein shall be considered to be defined in accordance with its common or standard definition.
(Prior Code, Ch. XV, § 3.01)
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE OR STRUCTURE. A use, building or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use, building or structure.
(Prior Code, Ch. XV, § 3.02)
ALTERATIONS, STRUCTURAL. Any change in the supporting members of a building or structure such as bearing walls, columns, beams or girders, any substantial change in the roof, or an addition to or diminution of a structure or building.
(Prior Code, Ch. XV, § 3.03)
AUTOMOBILE REPAIR - MAJOR. General repair, rebuilding or reconditioning of engines or vehicles, collision service (including body repair and frame straightening), painting or upholstering or vehicle steam cleaning and undercoating.
(Prior Code, Ch. XV, § 3.04)
AUTOMOBILE REPAIR - MINOR. Minor repairs, incidental replacement of parts, or motor service to passenger automobiles and trucks not exceeding two tons’ capacity; provided, however, there is excluded any repair or work included in the definition of “Automobile Repair - Major”.
(Prior Code, Ch. XV, § 3.05)
BASEMENT. A portion of a building or a portion of a room, located wholly or partially below grade, but not including any part thereof not so located.
(Prior Code, Ch. XV, § 3.06)
BILLBOARDS and SIGNS.
(a) BILLBOARD. Any structure, including the wall of any building, on which lettered, figured or pictorial matter is displayed for advertising a business, service or entertainment which is not conducted on the land upon which the structure is located or products not primarily sold, manufactured, processed or fabricated on such land.
(b) BUSINESS SIGN. Any structure, including the wall of any building on which lettered, figured or pictorial matter is displayed for advertising a business, service or entertainment conducted on the land where the structure is located, or products primarily sold, manufactured, processed or fabricated on such land.
(c) IDENTIFYING SIGN. Any structure on the same premises it identifies which serves only:
1. To tell the name or use of any public or semi-public building or recreation space, club, lodge, church or institution;
2. Only to tell the name or address of an apartment house, hotel or motels; or
3. Only to inform public as to the use of a parking lot.
(d) NAME PLATE. A structure affixed flat against the wall of a building which serves solely to designate the name or the name and profession or business occupation of a person or persons occupying the building.
(e) REAL ESTATE SIGN. Any temporary structure used only to advertise with pertinent information the sale, rental or leasing of the premises upon which it is located.
(Prior Code, Ch. XV, § 3.07)
BLUFF. The top of a steep bank rising from the ordinary high water mark on a lot or parcel.
BOAT or WATERCRAFT. Any vessel as defined in Public Act 451 of 1994, being M.C.L.A. §§ 324.11501 et seq.; Public Act 58 of 1995, being M.C.L.A. §§ 324.70101 et seq.; and Public Act 102 of 1997, being M.C.L.A. §§ 125.1801 through 125.1812a, as amended.
(Prior Code, Ch. XV, § 3.07B)
BUILDING. Anything which is constructed or erected, including a mobile home, having a roof supported by columns, walls or other supports, which is used for the purpose of housing or storing of persons, animals or personal property or carrying on business activities or other similar uses.
(Prior Code, Ch. XV, § 3.08)
BUILDING HEIGHT. The vertical distance measured from the top of the main or ground level foundation wall, whichever is lowest, to the highest point of the roof surface of flat roofs, to the deck of mansard roofs and to the mean height level between eaves, ridge of gable, hip and gambrel roofs.
(Prior Code, Ch. XV, § 3.09)
BUILDING SETBACK. The measurement from the property line to the nearest point of the main wall of the building or structure. Steps may be located within the BUILDING SETBACK. Porches are considered as part of the building or structure and may not be located within BUILDING SETBACK.
(Prior Code, Ch. XV, § 3.10)
DEVELOPMENT. Any manmade change to improved or unimproved real estate for any purpose, including but not limited to construction of buildings or other structures, mining, dredging, filling, paving or excavation.
DWELLING. Any building or portion thereof which is occupied in whole or in part as a home, residence or sleeping place, either permanently or temporarily, by one or more families, but not including motels, hotels, tourist rooms or cabins.
(a) DWELLING, MULTI-FAMILY. A building designed for use and occupancy by three or more families.
(b) DWELLING, SINGLE-FAMILY. A building designed for use and occupancy by one family only.
(c) DWELLING, TWO-FAMILY. A building designed for use and occupancy by two families only.
(Prior Code, Ch. XV, § 3.12)
DWELLING UNIT. One room or suite of two or more rooms designed for use or occupancy by one family for living and sleeping purposes with housekeeping facilities.
(Prior Code, Ch. XV, § 3.13)
EARTH CHANGE. An artificial change in the natural cover or topography of land, including cut and fill activities, which may result in or contribute to soil erosion or sedimentation of the waters of the state.
FAMILY. One or more persons occupying a single dwelling unit and using common cooking facilities; provided, however, that, unless all members are related by blood or marriage, no such FAMILY shall contain more than five persons.
(Prior Code, Ch. XV, § 3.14)
FILTERED VIEW. The maintenance or establishment of woody vegetation of sufficient density to screen development from the riparian feature, to provide for bank stabilization and erosion control, to serve as an aid to infiltration of surface runoff and to provide cover to shade the water in a manner which still allows a partial view to the water feature.
FLOOR AREA. The gross floor area of all floors of a building or an addition to an existing building. For all office buildings and for any other building, except dwelling units where the principal use thereof shall include the basement, the basement FLOOR AREA shall be included, except that part thereof which contains heating and cooling equipment and other basic utilities.
(Prior Code, Ch. XV, § 3.15)
FORESTRY or NATURAL RESOURCES PROFESSIONAL. A person certified by the Society of American Foresters and/or licensed by the State of Michigan and or otherwise recognized by the State of Michigan who is by reason of his or her knowledge of the natural sciences, mathematics and principles of forestry and natural sciences, acquired by education and practical experience is qualified to engage in the practice of forestry.
GROUP DAYCARE HOME. A private residence in which the operator permanently resides as a member of the household in which more than six, but not more than 12, minor children or adults with needs requiring assistance and supervision are given care and supervision for periods of less than 24 hours per day unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption. GROUP DAYCARE HOME includes a home that gives care to an unrelated minor child for more than four weeks during a calendar year.
HOME OCCUPATION. A gainful occupation traditionally and customarily carried out in the home or on a residential premises solely by the residents as a use that is incidental to the use of the home and premises as a place of residence. A HOME OCCUPATION may be conducted entirely within a residential dwelling and/or attached or unattached garage accessory structure to the dwelling.
(Prior Code, Ch. XV, § 3.16)
JUNKYARD. A place where junk, waste or discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including wrecked vehicles, used building materials, structural steel materials and equipment and other manufactured goods.
(Prior Code, Ch. XV, § 3.17)
KENNEL. Any land, building or structure where five or more adult cats and/or dogs are boarded for six months.
(Prior Code, Ch. XV, § 3.18)
LOT and LOT WIDTH.
(a) LOT. A parcel, tract or portion of land separated from other parcels or portions of land identified by description or for the purpose of taxation. A LOT is occupied or intended to be occupied by a principal building or a group or such buildings and accessory structures, or utilized for a principle use and accessory uses according to this chapter. In the case of a site condominium subdivision, a “site condominium building site” will be considered the equivalent of a LOT for the purpose of determining compliance with the applicable requirements of this chapter and with other applicable laws, ordinances or regulations.
(b) LOT - CORNER. Any lot having at least two contiguous sides abutting upon one or more streets, if the interior angle at the intersection of the two sides is less than 135 degrees. Any lot line along any street will be considered front lot line.
(c) LOT - DOUBLE FRONTAGE. Any lot including a corner lot, as defined herein, with two or more sides abutting on one or more streets. Any lot line along any street will be considered front lot line.
(d) LOT AREA. Lot area is the precise square footage or acreage of a lot and shall include any part of a public right-of-way.
(e) LOT LINE. The lines of ownership defining the limits of a parcel or lot.
1. FRONT LOT LINE. The lot line(s) that coincides with the street right-of-way.
2. REAR LOT LINE. The lot line(s) opposite to and most distant from the front lot line as designated for each lot; for irregularly shaped lots, the rear lot line will be determined by the Zoning Administrator.
3. SIDE LOT LINES. Any lot line other than a front or rear lot line as determined by the Zoning Administrator.
(Prior Code, Ch. XV, § 3.19)
MOBILE HOME. A structure, transportable in one or more sections which is built on a chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained in the structure. MOBILE HOME does not include a recreational vehicle.
(Prior Code, Ch. XV, § 3.20)
MOBILE HOME LOT. A measured parcel of land within a mobile home park which is delineated by lot lines on a final development plan and which is intended for the placement of a mobile home and the exclusive use of the occupants of such mobile home.
(Prior Code, Ch. XV, § 3.21)
MOBILE HOME PAD. The portion of a mobile home lot reserved for the placement of a mobile home, appurtenant structures or additions.
(Prior Code, Ch. XV, § 3.22)
MOBILE HOME PARK. A parcel of land under single ownership which has been planned and improved for the placement of mobile homes on a rental basis for non-transient use.
(Prior Code, Ch. XV, § 3.23)
MOBILE HOME SUBDIVISION. A mobile home park; except that, the mobile home lots are subdivided, surveyed, recorded and sold in accordance with Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560.293, as amended.
(Prior Code, Ch. XV, § 3.24)
MOTEL. A building or group of buildings on the same lot, whether detached or in connected rows, containing sleeping or dwelling units which may or may not be independently accessible from the outside with garage or parking space located on the lot and designed for, or occupied by automobile travelers. The term shall include any building groups designated as motor lodges, transient cabins or by any other title intended to identify them as providing lodging, with or without meals, for compensation on a transient basis.
(Prior Code, Ch. XV, § 3.25)
MOTOR VEHICLE. Every vehicle which is self-propelled.
(Prior Code, Ch. XV, § 3.26)
MULTI-UNIT BOAT ACCESS SITE. A facility which extends into or over a lake, or provides dry-docking space, for mooring or docking of boats and watercraft for use by more than one family (as defined herein), parcel, lot, unit or apartment. A facility for the mooring or docking of a boat or boats owned and operated exclusively by one family (as defined herein), residing in one dwelling unit and which supports the docking or mooring of six or fewer vessels, shall not be included within the definition and meaning of MULTI-UNIT BOAT ACCESS SITE where the docking or mooring facility is property on which the dwelling is situated. Any situation involving multiple or divided ownership and interest in the riparian property or boat access site including, but not limited to, family trusts, corporations, condominium associations and co-ops is considered a MULTI-UNIT BOAT ACCESS SITE and shall be subject to the limitations and regulations for such facilities contained herein.
(Prior Code, Ch. XV, § 3.26B)
NON-CONFORMING USE. A use of buildings, structures or land which is lawful at the time of the adoption of this chapter, or on the effective date of an amendment to this chapter, but which does not conform with the provisions of this chapter or any amendment thereto.
(Prior Code, Ch. XV, § 3.27)
ORDINARY HIGH WATER MARK. The line between upland and bottomland that persists through successive changes in the water level, below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface of the soil, and the vegetation. Delineation of the ordinary high water mark entails the identification of indicators on the bank of a lake or stream and the transition line between, aquatic vegetation (such as sedges and cattails) and terrestrial vegetation (perennial grasses and woody shrubs) or the scour line on exposed earth on the bank (from constant erosion) and terrestrial vegetation. On any stream where the ordinary high water mark cannot be found, the top of the lowest stream bank on either side of stream shall substitute. In braided channels, the ordinary high water mark or line of mean high water shall be measured so as to include the entire stream feature. (See Appendix A at the end of this chapter). On an inland lake that has a level established by law, it means the high established level.
PARKING AREA, SPACE OR LOT. An off-street open area, the principal use of which is for the parking of automobiles, whether for compensation or not, or as an accommodation to clients, customers, visitors or employees. PARKING AREA shall include access drives within the actual parking area.
(Prior Code, Ch. XV, § 3.28)
PARKING BAY. A hard surface area adjacent and connected to, but distinct from, a street intended for parking motor vehicles.
(Prior Code, Ch. XV, § 3.29)
PIER. Concrete posts embedded in the ground to a depth below the frost line at regular intervals along the longitudinal distance of a mobile home and intended to serve as a base for supporting the frame of the mobile home.
(Prior Code, Ch. XV, § 3.30)
PLANNED UNIT DEVELOPMENT (PUD). A district established to provide flexibility in design for the development of larger tracts of land while affording maximum protection of the environment.
(Prior Code, Ch. XV, § 3.30A)
PLANNING COMMISSION. The Hopkins Township Planning Commission.
(Prior Code, Ch. XV, § 3.31)
PRINCIPAL OR MAIN USE. The primary or predominant use of a lot.
(Prior Code, Ch. XV, § 3.32)
PUBLIC ACCESS. A multi-boat access site operated by a governmental entity, including access from a public road authorized or implied by a governmental entity.
(Prior Code, Ch. XV, § 3.32B)
ROADSIDE MARKET STAND. A temporary building or structure designed or used for the display and/or sale of agricultural products produced on the premises upon which the stand is located.
(Prior Code, Ch. XV, § 3.33)
SITE PLAN. A scale drawing that shows the locations and dimensions of existing and planned improvements upon a parcel of land, such as, but not limited to, buildings, driveways, parking area, landscaping, sidewalks, signs, sewage systems, water supply and drainage facilities as set forth in this chapter.
(Prior Code, Ch. XV, § 3.33A)
STREAM BANK. The portion of the stream channel cross section that restricts the lateral movement of water at normal bank-full levels often exhibiting a distinct break in slope from the stream bottom.
STREET. A publicly owned and maintained right-of-way which affords traffic circulation and principal means of access to abutting property, including any avenue, place, way, drive, lane, boulevard, highway, road or other thoroughfare, except an alley.
(Prior Code, Ch. XV, § 3.34)
STRUCTURE. Any thing, except a building, constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.
(Prior Code, Ch. XV, § 3.35)
TOURIST HOME. A building, other than a hotel, boarding house, lodging house or motel, where lodging is provided by a resident family in its home for compensation, mainly for transients.
(Prior Code, Ch. XV, § 3.36)
TOWNSHIP BOARD. The Hopkins Township Board.
(Prior Code, Ch. XV, § 3.37)
TOWNSHIP. Hopkins Township, Allegan County.
(Prior Code, Ch. XV, § 3.38)
TRAILER COACH PARK ACT. Public Act 243 of 1959, being M.C.L.A. §§ 125.1101 et seq. (repealed and replaced by Public Act 419 of 1976, being M.C.L.A. §§ 125.2301 et seq.).
(Prior Code, Ch. XV, § 3.39)
TRAVEL TRAILER. A transportable unit intended for occasional or short-term occupancy as a dwelling unit during travel, recreational or vacation use.
(Prior Code, Ch. XV, § 3.40)
USABLE FLOOR AREA. The floor area of a dwelling exclusive of garages, porches, basement or utility area.
(Prior Code, Ch. XV, § 3.41)
VEHICLE. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices propelled by human power or used exclusively upon stationary rails or tracks.
(Prior Code, Ch. XV, § 3.42)
WETLAND. Land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support, wetland vegetation or aquatic life, and is commonly referred to as a bog, swamp, or marsh and which is contiguous to an inland lake, a river or stream.
YARD. A required open space other than a court unoccupied and unobstructed by any building or structure or portion thereof from 30 inches above the general level of the lot upward; provided, however, that, fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.
(Prior Code, Ch. XV, § 3.43)
YARD - FRONT. A yard extending across the full width of the lot, the depth of which is the distance between the street right-of-way line and the main wall of the building or structure. In the case of waterfront lots, the yard fronting on the street shall be considered the FRONT YARD.
(Prior Code, Ch. XV, § 3.44)
YARD - REAR. A yard, unoccupied except for accessory buildings, extending across the full width of the lot, the depth of which is the distance between the rear lot line and the rear wall of the main building.
(Prior Code, Ch. XV, § 3.45)
YARD - SIDE. A yard between a main building and the side lot line, extending from the front yard to the rear yard. The width of the required SIDE YARD shall be measured from the nearest point of the side lot line to the nearest part of the main building.
(Prior Code, Ch. XV, § 3.46)
ZONING ACT. Michigan Act 184 of 1943, being M.C.L.A. §§ 125.271 through 125.301, as amended.
(Prior Code, Ch. XV, § 3.47)
ZONING INSPECTOR. The Hopkins Township Zoning Inspector.
(Prior Code, Ch. XV, § 3.48)
(Ord. 1977-1, passed 10-10-1977; Ord. 1981-2, passed 12-14-1981; Ord. 2001-1, passed 7-17-2001; Ord. 2005-1, passed 5-9-2005; Ord. passed - -2007; Ord. 2-2014, passed 8-11-2014)
§ 157.006 ADMINISTRATIVE LIABILITY.
No officer, agent, employee or member of the Planning Commission, Township Board or Board of Appeals shall render himself or herself personally liable for any damage that may accrue to any person as the result of any act, decision or other consequence of occurrence arising out of the discharge of his or her duties and responsibilities pursuant to this chapter.
(Prior Code, Ch. XV, § 19.01) (Ord. 1977-1, passed 10-10-1977)
§ 157.007 CONDITIONAL REZONING.
(A) 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 proposed 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 § 161 of the Township Zoning Act, being M.C.L.A. § 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.
(B) Application and offer of conditions.
(1) 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.
(2) The required application and process for considering a rezoning request with conditions shall be the same as that for considering rezoning requests made without any offer of conditions, except as modified by the requirements of this section.
(3) The owner’s offer of conditions may not purport to authorize uses or developments not permitted in the requested new zoning district.
(4) The owner’s offer of conditions shall bear a reasonable and rational relationship to the property for which rezoning is requested.
(5) Any use or development proposed as part of an offer of conditions that would require a special land use permit under the terms of this chapter may only be commenced if a special land use permit for such use or development is ultimately granted in accordance with the provisions of this chapter.
(6) Any use or development proposed as part of an offer of conditions that would require a variance under the terms of this chapter may only be commenced if a variance for such use or development is ultimately granted by the Zoning Board of Appeals in accordance with the provisions of this chapter.
(7) Any use or development proposed as part of an offer of conditions that would require site plan approval under the terms of this chapter may only be commenced if site plan approval for such use or development is ultimately granted in accordance with the provisions of this chapter.
(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) Planning Commission review. The Planning Commission, after public hearing and consideration of the factors for rezoning set forth in § 157.406 of this chapter, may recommend approval, approval with recommended changes or denial of the rezoning; provided, however, that, any recommended changes to the offer of conditions are acceptable to and thereafter offered by the owner.
(D) 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 for rezoning set forth in § 157.406 of this chapter. 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 § 11 of the Township Zoning Act, being M.C.L.A. § 125.3202, 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.
(E) 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 Register of Deeds of the county in which the subject land is located or, in the alternative, be accompanied by a recordable affidavit or memorandum prepared and signed by the owner giving notice of the statement of conditions 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 or an affidavit or memorandum giving notice thereof may be recorded by the township with the Register of Deeds of the county in which the land referenced in the Statement of Conditions is located; and
(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 or an affidavit or memorandum giving notice thereof shall be filed by the township with the Register of Deeds of the county in which the land is located. 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.
(F) 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 chapter 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 chapter for any use or development that is contrary to an applicable statement of conditions.
(G) 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 18 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 if:
(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.
(H) Reversion of zoning. If approved development and/or use of the rezoned land does not occur within the time frame specified under division (G) above, then the land shall revert to its former zoning classification as set forth in M.C.L.A. § 125.3405. 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.
(I) Subsequent rezoning of land. When land that is rezoned with a statement of conditions is thereafter rezoned to a different zoning classification or to the same zoning classification, but with a different or no statement of conditions, whether as a result of a reversion of zoning pursuant to division (H) above or otherwise, the statement of conditions imposed under the former zoning classification shall cease to be in effect. Upon the owner’s written request, the Township Clerk shall record with the Register of Deeds of the county in which the land is located a notice that the statement of conditions is no longer in effect.
(J) Amendment of conditions.
(1) During the time period for commencement of an approved development or use specified pursuant to division (G) 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.
(K) Township right to rezone. Nothing in the statement of conditions nor in the provisions of this section shall be deemed to prohibit the township from rezoning all or any portion of land that is subject to a statement of conditions to another zoning classification. Any rezoning shall be conducted in compliance with this chapter and the Township Zoning Act, being M.C.L.A. §§ 125.3101 et seq.
(L) 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 chapter.
(M) Planning Commission review. In reviewing an application for the rezoning of land, whether the application be made with or without an offer of conditions, factors that should be considered by the Planning Commission and the Township Board include, but are not limited to, the following:
(1) Whether the rezoning is consistent with the policies and uses proposed for that area in the township’s Master Land Use Plan;
(2) Whether all of the uses allowed under the proposed rezoning would be compatible with other zones and uses in the surrounding area;
(3) Whether any public services and facilities would be significantly adversely impacted by a development or use allowed under the requested rezoning; and
(4) 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.
(Prior Code, Ch. XIII) (Ord. 13-2007, passed - -2007)
§ 157.008 EFFECTIVE DATE.
This chapter was approved by the Township Board on 10-10-1977 and is ordered to take immediate effect.
(Prior Code, Ch. XV, § 19.03) (Ord. 1977-1, passed 10-10-1977)