Huron Charter Township
City Zoning Code
City Zoning Code
ARTICLE III
Administration and Enforcement
§ 530-9 Zoning Administration.
This Zoning Ordinance shall be administered and enforced by the Zoning Administrator or by such deputies as the Administrator may delegate to enforce this Zoning Ordinance.
§ 530-10 Duties.
The Zoning Administrator shall:
A.
Receive and review for completeness all applications for site plan review and special land uses which the Planning Commission is required to decide under this chapter and refer such applications to the Planning Commission for determination.
B.
Receive and review for completeness all applications for appeals, variances, or other matters which the Zoning Board of Appeals is required to decide under this chapter and refer such applications to the Zoning Board of Appeals for determination.
C.
Receive and review for completeness all applications for amendments to this chapter and refer such applications to the Planning Commission and Township Board for determination.
D.
Make periodic site inspections to determine ordinance compliance, and answer complaints on Zoning Ordinance violations.
E.
Implement the decisions of the Planning Director, Planning Commission and Township Board.
§ 530-11 Special land uses.
A.
Applications for a special land use authorized in this Zoning Ordinance shall be submitted to the Zoning Administrator. A fee shall be charged to the applicant to defray the cost of the notification requirements of this Zoning Ordinance associated with the proceedings required on the application. Approvals of special land use requests will be at the discretion of the Planning Commission.
B.
An application for a special land use shall contain the following information:
(1)
The applicant's name, address, and telephone number.
(2)
The names and addresses of all owners of record and proof of ownership.
(3)
The applicant's interest in the property, and if not the fee simple owner, a signed authorization from the owner(s) for the application.
(4)
Legal description, address, and tax parcel identification number of the property.
(5)
A scaled and accurate survey drawing, correlated with the legal description, and showing all existing buildings, drives and other improvements.
(6)
A detailed description of the proposed use.
(7)
A conceptual site plan which includes adequate information to evaluate the functionality of the site.
C.
When the Zoning Administrator receives an application for a special land use, the following procedure shall be followed:
(1)
One notice indicating that a request for a special land use has been received shall be published in a newspaper of general circulation within the Township. Notices shall also be sent by mail or personal delivery to the owners of property for which approval is being considered.
(2)
Notices indicating that such a request has been received will also be sent by mail or personal delivery to all persons to whom real property is assessed within 300 feet of the boundary of the property for which a special land use has been requested. Notices will also be sent by mail or personal delivery to the owners of property, to persons to whom real property is assessed, and the occupants of all structures located within 300 feet of the property in question whether the property or occupant is located in the zoning jurisdiction. If the name of an occupant is not known, the term "occupant" may be used in making notification. Notices shall be given not less than 15 days before the either the date of the public hearing or the date the special land use application will be considered by the Planning Commission.
(3)
The notice shall include the following:
(a)
Describe the nature of the special land use request;
(b)
Indicate the property that is the subject of the special land use request, including a listing of all existing street addresses within the property, if applicable;
(c)
State when and where the special land use request and/or public hearing will be held; and
(d)
Indicate when and where written comments will be received concerning the request.
(e)
The notice of receipt of a special land use application shall indicate that a public hearing on the special land use application may be requested by any property owner or the occupant of any structure located within 300 feet of the property being considered for a special land use regardless of whether the property or occupant is located in the Township.
D.
A public hearing on a special land use application may be requested by the Planning Commission, the applicant, a real property owner whose real property is assessed within 300 feet of the property, or the occupant of a structure located within 300 feet of the property. Notification, as required in § 530-11C hereof, shall be provided before a decision is made on the special land use request.
E.
Following the public hearing, if requested, the Planning Commission may deny, approve, or approve with conditions, requests for special land use. The decision on a special land use shall be incorporated in a statement of findings and conclusions relative to the special land use under consideration. The decision shall specify the basis for the decision and any conditions imposed.
F.
The Planning Commission shall review the proposed special land use in terms of the following standards:
(1)
Will be harmonious and in accordance with the general objectives or any specific objectives of the Master Plan;
(2)
Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the area;
(3)
Will not be hazardous or disturbing to existing or future nearby uses;
(4)
Will be an improvement in relation to property in the immediate vicinity and to the community as a whole;
(5)
Will be served adequately by essential public services and facilities or that the persons responsible for the establishment of the proposed use will provide adequately any such service or facility;
(6)
Will not create excessive additional public costs and will not be detrimental to the economic welfare of the community; and
(7)
Will be consistent with the intent and purposes of this Zoning Ordinance.
G.
The Planning Commission may impose conditions and safeguards deemed necessary for ensuring that the purposes of this Zoning Ordinance. Conditions imposed shall meet all of the following requirements:
(1)
Be designed to protect natural resources, the health, safety, and welfare, as well as the social 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; and
(3)
Be necessary to meet the intent of the purpose of the zoning requirements, be related to the standards established in the Zoning Ordinance for the land use or activity under consideration, and be necessary to insure compliance with those standards.
H.
Any special land use approval given by the Commission shall become null and void unless construction and/or use are commenced within one year from the date of approval. Any special land use that has been commenced but abandoned for a period of one year shall lapse and cease to be in effect unless the Planning Commission approves a one-year extension of the special land use approval. Only one extension may be granted per application.
§ 530-12 Site plan review.
Site plan review and approval of all development proposals within specific zoning districts shall be required as provided in this section. The intent of this section is to provide for consultation and cooperation between the developer and the Planning Commission so that both parties might realize maximum utilization of land and minimum adverse effect upon the surrounding land uses. Through the application of the following provisions, the attainment of the Master Plan will be assured and the Township will develop in an orderly fashion.
A.
Site plan review required. A site plan shall be submitted to the Commission for review and approval for the following:
(1)
Any permitted use or special land use within the Township, except one-family detached and two-family dwellings and their accessory buildings and uses;
(2)
Any use or development for which the submission of a site plan is required by any provision of the Township's ordinances;
(3)
Any change and/or conversion of use as permitted and regulated by this chapter that may result in a modification to off-street parking, traffic circulation, services, facilities or other physical conditions on the site;
(5)
Any addition to an existing principal or accessory building within the Township, except one-family detached and two-family dwellings, and their accessory buildings and uses.
B.
Site plan review standards. The site plan shall be reviewed in accordance with the following standards:
(1)
The proposed design will not be injurious to the surrounding neighborhood or impede the normal and orderly development of surrounding property for uses permitted by the Township's ordinances.
(2)
The location, design and construction materials of all buildings and structures will be compatible with the topography, size and configuration of the site, and the character of the surrounding areas.
(3)
There will be a proper relationship between streets, sidewalks, service drives, driveways and parking areas protecting the safety of pedestrians and motorists.
(4)
The location of buildings, outside storage receptacles, parking areas, screen walls and utility areas is such that the adverse effects of such uses will be minimized for the occupants of that use and the occupants of surrounding areas.
(5)
Township requirements and standards for streets, lighting, driveway approaches, grading, surface drainage, storm sewers, stormwater retention facilities, water mains, sanitary sewers and necessary easements will be met.
(6)
All buildings or groups of buildings will be so arranged as to permit emergency vehicle access by some practical means to all sides.
(7)
Appropriate site design measures have been taken which will preserve and protect the landscape, existing topography, natural resources and natural features including, but not limited to lakes, ponds, streams, wetlands, steep slopes, groundwater recharge areas and woodlands.
(8)
Sites which include storage of hazardous materials or waste, fuels, salt or chemicals will be designed to prevent spills and discharges of polluting materials to the surface of the ground, groundwater or nearby water bodies.
(9)
Landscaping, including greenbelts, trees, shrubs and other vegetative materials, is provided to maintain and improve the aesthetic quality of the site and the area.
(10)
The proposed use is in compliance with the Township's ordinances and any other applicable standards and laws.
C.
Information required on site plan. A site plan submitted for review shall contain all of the following data prior to its submission to the Commission for review and approval:
(1)
General information.
(a)
Plans drawn to a scale of not less than one inch equals 50 feet for property less than three acres or not less than one inch equals 100 feet for property three acres or more;
(b)
The proprietors', applicants' and owners' names, addresses and telephone numbers;
(c)
The date (month, day, year), title block, scale and North arrow;
(d)
The signed professional seal, name and address of the architect, engineer, surveyor, landscape architect or planner responsible for the preparation of the plan;
(e)
The zoning district classification of the petitioner's parcel and all abutting parcels;
(f)
Pertinent area, height, lot coverage and setback requirements of the zoning district in which the parcel is located; and
(g)
A legal description, including a gross acreage figure.
(2)
Physical features.
(a)
Existing and proposed lot lines, building lines, structures and parking areas on the parcel and within 100 feet of the site;
(b)
The location of existing and proposed traffic and pedestrian circulation facilities, including:
(c)
The location of existing and proposed service facilities above and below ground, including:
[1]
Chemical and fuel storage tanks and containers;
[2]
Storage, loading and disposal areas of chemicals, hazardous substances, salt and fuels;
[3]
Water mains, hydrants, pump houses, standpipes and building services and sizes;
[4]
Sanitary sewers and pumping stations;
[5]
Stormwater control facilities and structures, including storm sewers, swales, retention/detention basins, drainageways and other facilities, including calculations for sizes;
[6]
Existing and proposed easements; and
[7]
Public utility distribution systems.
(d)
Dimensioned floor plans, finished floor elevations, typical elevation views and specifications of building materials of all buildings;
(e)
Dimensioned parking spaces and calculations, drives and type of surfacing;
(f)
Exterior lighting locations, type of light and illumination patterns;
(g)
The location and description of all existing and proposed landscaping, berms, fencing, and walls, as well as the description and details relative to the existing and/or proposed irrigation/sprinkler system(s).
[Amended 2-8-2023 by Ord. No. 23-03]
(h)
The trash receptacle pad location and the method of screening;
(i)
The transformer pad location and the method of screening;
(j)
Sign locations, height and size; and
(k)
Any other pertinent physical features.
(l)
Compliance with Huron Township Engineering design standards.
(3)
Natural features.
(a)
For parcels of more than one acre, existing and proposed topography with a maximum contour interval of two feet on the site and beyond the site for a distance of 100 feet in all directions. Spot elevations shall be required for parcels of less than one acre in size;
(b)
The location of existing drainage courses and associated bodies of water, on- and off-site, and their elevations; and
(c)
The location of natural resource features, including wetlands and woodlands.
(4)
(5)
Additional requirements for office, central business district, commercial and industrial districts:
D.
Application procedure. An application for site plan review shall be processed in the following manner:
(1)
All site plans shall be submitted to the Planning Department by the first Monday of each month and must contain the following to be accepted:
(a)
A completed application signed by the owner. If the owner is not the applicant, the signature of the owner required on the application shall constitute authorization for representation by the applicant. If the owner is a corporation, the application must be signed by a corporate officer. If the owner is a partnership, the application must be signed by a general partner. If the owner is an individual, each individual owner must sign the application.
(b)
Sufficient copies of the site plan as determined by the Department, as well as all of the required fees.
(2)
Upon receipt of the site plan, the following shall apply:
(a)
The Department shall forward a copy of the site plan and application to the appropriate Township departments and consultants.
(b)
Prior to submission to the Commission, the Department shall schedule a meeting with the applicant and applicable staff to determine informational completeness and general compliance with the chapter.
(c)
The applicant shall submit revised plans based upon the comments from the pre-Planning Commission meeting with staff and consultants.
(d)
The Department shall place review of the site plan on the next available Commission agenda.
E.
Planning Commission review. The Commission shall consider the application for approval, conditional approval or denial at the scheduled meeting.
(1)
Upon a determination by the Commission that a site plan is in compliance with the Township's ordinances, Planning Commission shall grant approval. In this case, the basis for the decision shall be indicated in the official minutes from the proceedings.
(2)
Upon a determination by the Commission that a site plan is in compliance, except with minor revisions, the Commission may grant conditional approval. In this case, the basis for the decision shall be indicated in the official minutes from the proceedings.
(3)
If the site plan does not comply with the provisions of the Township's ordinances, it shall be denied. In this case, the basis for the action shall be indicated in the official minutes from the proceedings.
F.
Effect of approval. When an applicant receives final site plan approval, he or she must develop the site in complete conformity with the approved site plan. If the applicant has not obtained a building permit and commenced construction within one year of site plan approval, the site plan approval becomes null and void and the developer shall make a new application for approval.
G.
Certificate of zoning compliance. Within 30 days of Planning Commission approval, but prior to receiving a certificate of occupancy, the applicant shall submit a revised set of plans which address all of the conditions of site plan approval. Upon verification of compliance with the conditions of Planning Commission approval, the Zoning Administrator may sign the plans and submit a letter to the applicant indicating compliance with all applicable zoning provisions. The signed plans and associated letter shall become part of the official record which shall be retained by the Planning Department.
H.
Amendment of a site plan. If an applicant seeks an amendment to an approved site plan or seeks an extension of time in which to commence building from an approved site plan, the approved site plan shall be amended or the time extension granted only upon the mutual agreement of the Commission and the applicant.
I.
Administrative review. In the following cases, the Zoning Administrator shall have the authority to approve a site plan without submission to the Planning Commission, but subject to all the criteria set forth in § 530-12A through C hereof.
(1)
Where applicable.
(a)
Accessory uses incidental to a conforming existing use where said use does not require any variance or further site modifications;
(b)
The conversion of an existing building from one permitted use to another permitted use within the same district, provided there is no substantial modification necessary to the building or the site;
(c)
Expansion and/or addition of 500 square feet or less to an existing conforming structure or use; and
(d)
Provision for additional loading/unloading spaces and landscape improvements as required by this section.
(2)
Information required. The Zoning Administrator shall require all applicable criteria set forth in § 530-12A through C hereof to be met and shall have the authority to waive information required in § 530-12C hereof which is not necessary to determine whether site plan review requirements have been met. The Zoning Administrator shall also have the authority to refer any site plan eligible for administrative review under § 530-12I hereof to the Planning Commission and/or any consultants employed by the Township for the purposes of site plan review.
§ 530-13 Condominium and site condominium project regulations.
B.
General requirements.
(1)
Each condominium lot shall be located within a zoning district that permits the proposed use.
(2)
For the purposes of this chapter, each condominium lot shall be considered equivalent to a single lot and shall comply with all regulations of the zoning district in which it is located, and the provisions of any other statutes, laws, ordinances, and/or regulations applicable to lots in subdivisions.
(3)
In the case of a condominium containing single-family detached dwelling units, not more than one dwelling unit shall be located on a condominium lot, nor shall a dwelling unit be located on a condominium lot with any other principal structure or use. Required yards shall be measured from the boundaries of a condominium lot.
(4)
Each condominium lot shall front on and have direct access to a public road or a private road approved by the Township. An approved private road shall comply with the same standards for public subdivision streets as established and in accordance with Huron Township Engineering standards.
(5)
All condominium project plans shall conform to the plan preparation requirements, design, layout and improvement standards, and all other requirements as established by the Township.
C.
Site plan approval requirements. Preliminary approval of the site plan and final approval of the site plan and condominium documents by the Planning Commission shall be required as a condition to the right to construct, expand or convert a site condominium project. No permits for erosion control, building construction, grading, or installation of public water or sanitary sewerage facilities shall be issued for property in a site condominium development until a final site plan has been approved by the Township Planning Commission and is in effect. Preliminary and final approval shall not be combined.
(1)
Preliminary approval.
(a)
Each preliminary site plan submitted for review shall provide the following information:
[1]
Property owner's and applicant's name and address;
[2]
Scale, north arrow, and date of plan;
[3]
Location, description, dimensions, and area of the site; zoning classification; and demonstration of compliance with lot area, width, coverage and setback requirements.
[4]
General topography and soils information and existing natural and man-made features to be retained or removed;
[5]
Location and dimensions of proposed buildings/structures; including floor area, number of floors, height, number and type of dwelling units (where applicable);
[6]
Proposed streets/drives; including general alignment, right-of-way, surface type, and width;
[7]
Proposed parking, including location and dimensions of spaces and aisles, and surface type;
[8]
Adjacent land uses, property owners, and zoning and location of adjacent buildings and drives/streets;
[9]
Proposed phasing;
[10]
Location and width of any easements on the site.
(b)
If the site plan conforms in all respects to applicable laws, ordinances and design standards, preliminary approval shall be granted by the Planning Commission.
(c)
If the site plan fails to conform, the Planning Commission shall either deny the application, or grant preliminary approval with conditions, provided such conditions are met before final approval.
(2)
Final approval.
(a)
Following preliminary approval, the applicant shall submit a final site plan pursuant to the standards and procedures set forth in § 530-12 of this chapter. In addition to the final site plan, the condominium documents shall be submitted to the Township for the review by the Township Attorney and other appropriate staff and consultants. The condominium documents shall be reviewed with respect to all matters subject to regulation by the Township, including, without limitation: ongoing preservation and maintenance of drainage, retention, wetland and other natural and/or common area; maintenance of private roads, if any; and maintenance of stormwater, sanitary, and water facilities and utilities.
(b)
The applicant shall also submit engineering plans in sufficient detail for the Township, to determine compliance with applicable laws, ordinances and design standards for construction of the project.
(c)
Upon completion of the review of the condominium documents and engineering plans and receipt of the recommendations and findings from the Township Attorney, Engineer and Planner, the site plan shall be submitted to the Township Board for final review.
(d)
If the site plan, condominium documents and/or engineering plans conform in all respects to applicable laws, ordinances and design standards, final approval shall be granted by the Township Board.
(e)
If the site plan, condominium documents and/or engineering plans fail to conform, final approval shall be denied by the Township Board.
(f)
In the interest of insuring compliance with this chapter and protecting the health, safety and welfare of the residents of the Township, the Township Board, as a condition of final approval of the site plan, shall require the applicant to deposit a performance guarantee as set forth in § 530-15 of the Zoning Ordinance for the completion of improvements associated with the proposed use.
D.
Required improvements.
(2)
Utility standards stated in Building Code shall apply to all condominium units proposed for location on property which is not subdivided and recorded, or property which is to be further subdivided.
(3)
Monuments shall be set at all boundary corners and deflection points and at all road right-of-way intersection corners and deflection points. Lot irons shall be set at all condominium lot corners and deflection points of condominium lot lines. The Township may grant a delay in the setting of required monuments or irons for a reasonable time, but not to exceed one year, on condition that the developer deposit with the Township Clerk cash, a certified check, or an irrevocable bank letter of credit running to the Township, whichever the developer selects, in an amount as determined from time to time by resolution of the Township Board. Such deposit shall be returned to the developer upon receipt of a certificate by a surveyor registered in the State of Michigan that the monuments and irons have been set as required, within the time specified. If the developer defaults, the Township Board shall promptly require a registered surveyor to set the monuments and irons in the ground as shown on the condominium site plans, at a cost not to exceed the amount of the security deposit.
(4)
Road rights-of-way shall be described separately from individual condominium lots, and shall be accurately delineated by bearings and distances on the condominium subdivision plan and the final site plan. The right-of-way shall be for roadway purposes and for the purposes of locating, installing, maintaining, and replacing of public utilities. The developer shall declare easements to the Township for all public water and sanitary sewer lines and appurtenances.
(5)
All improvements in a site condominium shall comply with the design specifications as adopted by the Township Board and any amendments thereto.
E.
Information required prior to occupancy. Prior to the issuance of occupancy permits for any condominium units, the applicant shall submit the following to the Zoning Administrator:
(1)
A copy of the recorded condominium documents (including exhibits).
(2)
A copy of any recorded restrictive covenants.
(3)
A copy of the site plan on laminated photostatic copy or Mylar sheet.
(4)
Evidence of completion of improvements associated with the proposed use, including two copies of an "as-built" survey.
F.
Revision of site condominium plan. If the site condominium subdivision plan is revised, the final site plan shall be revised accordingly and submitted for review and approval or denial by the Planning Commission before any building permit may be issued, where such permit is required.
G.
Amendment of condominium documents. Any amendment to a master deed or bylaws that affects the approved preliminary or final site plan, or any conditions of approval of a preliminary or final site plan, shall be reviewed and approved by the Township Attorney and Planning Commission before any building permit may be issued, where such permit is required. The Planning Commission may require its review of an amended site plan if, in its opinion, such changes in the master deed or bylaws require corresponding changes in the site plan.
H.
Relocation of boundaries. Relocation of boundaries between adjoining condominium units, if permitted in the condominium documents, as provided in Section 48 of the Condominium Act,[3] shall comply with all regulations of the zoning district in which located and shall be approved by the Zoning Administrator. These requirements shall be made a part of the bylaws and recorded as part of the master deed.
[3]
Editor's Note: See MCLA § 559.148.
I.
Subdivision of condominium lot. Each condominium lot that results from a subdivision of another condominium lot, if such subdivision is permitted by the condominium documents, as provided in Section 49 of the Condominium Act,[4] shall comply with all regulations of the zoning district in which it is located, and shall be approved by the Zoning Administrator. These requirements shall be made a part of the condominium bylaws and recorded as part of the master deed.
[4]
Editor's Note: See MCLA § 559.149.
§ 530-14 Use of consultants.
From time to time, at the cost of the applicant, the Township may employ planning, engineering, legal, traffic or other special consultants to assist in the review of special use permits, site plans, rezonings or other matters related to the planning and development of the Township.
§ 530-15 Performance guarantee.
In the interest of insuring compliance with the Zoning Ordinance provisions, protecting the natural resources and the health, safety, and welfare of the residents of the Township and future users or inhabitants of an area for which a site plan for a proposed use has been submitted, the Planning Commission shall require the applicant to deposit a performance guarantee for all site improvements. The purpose of the performance guarantee is to insure completion of improvements connected with the proposed use as required by this chapter, including but not limited to roadways, lighting, utilities, sidewalks, drainage, fences, walls, screens, and landscaping.
A.
"Performance guarantee" as used herein shall mean a cash deposit, certified check, irrevocable bank letter of credit or corporate surety bond in the amount of the estimated cost of the improvements to be made as determined by the applicant and verified by the Township. The Township shall be authorized to employ the Township Engineering Department and/or Township consultants to review cost estimates and conduct periodic inspection of the progress of improvements.
B.
Where the Planning Commission requires a performance guarantee, said performance guarantee shall be deposited with the Township prior to the issuance of a building permit for the development and use of the land. Upon the deposit of the performance guarantee, the Township shall issue the appropriate building permit, and the Township shall thereafter deposit the performance guarantee, if in the form of a cash deposit or certified check, in an interest-bearing account to the applicant.
C.
The approval shall also prescribe the period of time within which the improvements for which the performance guarantee has been required are to be completed. The period will begin from the date of the issuance of the building permit.
D.
In the event the performance guarantee deposited is a cash deposit or a certified check, the Township shall rebate to the applicant 50% of the deposited funds when 75% of the required improvements are completed as confirmed by the Township, and the remaining 50% of the deposited funds when 100% of the required improvements are completed as confirmed by the Township. If a request is made by the applicant for a temporary certificate of occupancy without completion of required exterior improvements, the performance guarantee herein required may be applied by said applicant to assure compliance with Zoning Ordinance standards and the specifications of the approved site plan.
E.
Upon the satisfactory completion, as determined by the Township, of the improvement for which the performance guarantee was required, the Township shall return to the applicant the performance guarantee deposited and any interest earned thereon. However, the Township is not required to deposit the performance guarantee in an interest-bearing account.
F.
In the event the applicant defaults in making the improvements for which the performance guarantee was required within the time period established by the Township, the Township shall have the right to use the performance guarantee deposited and any interest earned thereon to complete the improvements through contract or otherwise, including specifically, the right to enter upon the subject property to make the improvements.
G.
If the performance guarantee is not sufficient to allow the Township to complete the improvements for which such guarantee was posted, the applicant shall be required to pay the Township the amount by which the cost of completing the improvements exceeds the amount of the performance guarantee deposit. Should the Township use the performance guarantee, or a portion thereof, to complete the required improvements, any amounts remaining after said completion shall be applied first to the Township's administrative costs including, without limitation, attorney fees, planning consultant fees, and engineering consultant fees in completing the improvement with any balance remaining being refunded to the applicant.
H.
If the applicant has been required to post a performance guarantee or bond with another governmental agency other than the Township to insure completion of an improvement associated with the site, the applicant shall not be required to deposit with the Township a performance guarantee for that same improvement. At the time the performance guarantee is deposited with the Township and prior to the issuance of a building permit, the applicant shall enter an agreement incorporating the provisions hereof with the Township regarding the performance guarantee.
§ 530-16 Fees.
The Township Board shall establish a schedule of fees, charges, and expenses, and a collection procedure, for all zoning and building permits, certificates of occupancy, appeals, and other matters pertaining to the Zoning Ordinance. The Township shall have the authority to include fees for the use of engineering, planning, legal or other special consultants. The schedule of fees shall be posted in the Township offices, and may be altered or amended only by the Township Board. No permit, certificate, special use approval, or variance shall be issued unless or until such costs, charges, fees, or expenses have been paid in full, nor shall any action be taken on proceedings before the Board of Appeals unless or until preliminary charges and fees have been paid in full.
§ 530-17 Violations and penalties. [1]
Unless otherwise expressly provided, whoever (including but not limited to owner, tenant, occupant or person) violates any of the provisions of this Zoning Ordinance is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding $500 or imprisonment in the county jail for a period not to exceed 90 days for each offence, or by both such fine and imprisonment, in the discretion of the court, together with the cost of such prosecution. In additional to all other remedies, including the penalties provided in this section of this chapter, the Township may commence and prosecute appropriate actions or proceedings in a court of competent jurisdiction, to restrain or prevent any noncompliance with or violation of any of the provisions of this chapter, or to correct, remedy or abate such noncompliance or violation. Buildings erected altered, razed or converted, or uses carried on in violation of any provision of this chapter or in violation of any regulations made under the authority of Act 110 of 2006, the Zoning Enabling Act (MCLA § 125.3101 et seq.), as amended, are hereby declared to be a nuisance per se, and the court shall order such nuisance abated.
§ 530-18 Amendments.
An amendment to the zoning district boundaries contained on the Official Zoning Map (rezoning) and to the text of this chapter may be initiated by the Township Board or the Planning Commission. An amendment to the zoning district boundaries may also be initiated by the owner or owners of property that is the subject of the proposed rezoning. An amendment to the text of this chapter may also be initiated by petition of one or more residents or property owners of the Township.
A.
Rezoning and zoning ordinance text amendment application procedure.
(1)
Application information for amendments. An amendment to the Official Zoning Map or this chapter, except those initiated by the Township Board or Planning Commission, shall be initiated by submission of a complete application on a form supplied by the Township, including an application fee, which shall be established from time to time by resolution of the Township Board. Said application shall explicitly describe the proposed amendment and shall be signed by the applicant.
(2)
Application information for Zoning Map amendment. In the case of an amendment to the Official Zoning Map (rezoning), the following information shall accompany the application:
(a)
Information to indicate the dimensions, location and size of the subject property, including but not limited to a sketch plan, property identification number, a legal description, street address of the subject property, a map identifying the subject property in relation to surrounding properties, or other method required by the Planning Commission.
(b)
The name, signature and address of the owner of the subject property, a statement of the applicant's interest in the subject property if not the owner in fee simple title, or proof of consent from the property owner.
(c)
The existing and proposed zoning district designation of the subject property.
(d)
A written description of how the requested rezoning meets § 530-18C, Criteria for amendment of the Official Zoning Map (rezoning).
(e)
At the Planning Commission's discretion, the following additional information may be required:
[1]
A site analysis site plan illustrating existing conditions on the site and adjacent properties; including but not limited to woodlands, wetlands, soil conditions, steep slopes, drainage patterns, views, existing buildings, any sight distance limitations and relationship to other developed sites and access points in the vicinity.
[2]
A conceptual plot plan to scale demonstrating that the site could be developed with representative uses permitted in the requested zoning district meeting requirements for setbacks, wetland buffers access spacing, any requested service drives and other site design factors.
[3]
A traffic impact analysis if any use permitted in the requested zoning district could generate 100 or more peak-hour directional trips, or 1,000 or more vehicle trips per day; the traffic study should contrast the daily and peak-hour trip generation rates for representative use in the current and requested zoning district; the determination of representative uses shall be made by the Planning Commission with input from Township staff and consultants.
[4]
The site to be staked to clearly indicate the location of the requested amendment. Flagged stakes shall be placed at each parcel corner.
B.
Rezoning and zoning ordinance amendment process.
(1)
Public hearing. Upon initiation of a rezoning or zoning ordinance text amendment, a public hearing on the proposed amendment shall be scheduled before the Planning Commission. Notice of the hearing shall be given by one publication in a newspaper of general circulation in the Township, not less than 15 days before the date of the hearing, and in accordance with the provisions of the Michigan Zoning Enabling Act, as amended.
(2)
Planning Commission review and recommendation. Following the public hearing, the Planning Commission shall identify and evaluate all factors relevant to the petition and shall report its findings and recommendation to the Township Board. In the case of an amendment to the Official Zoning Map (rezoning), the Planning Commission shall consider the criteria contained in § 530-18C, Criteria for amendment of the Official Zoning Map (rezoning), below, in making its finding and recommendation.
(3)
Township Board review and action. Following receipt of the findings and recommendation of the Planning Commission, the Township Board shall consider the proposed ordinance map or text amendment. In the case of an amendment to the text of this Zoning Ordinance, the Township Board may modify or revise the proposed amendment as recommended by the Planning Commission prior to enactment. In the case of an amendment to the Official Zoning Map (rezoning), the Township Board shall approve or deny the amendment, which may be based on consideration of the criteria contained in § 530-18C, Criteria for amendment of the Official Zoning Map (rezoning).
(4)
Notice of adoption. Following adoption of a zoning text or map amendment by the Township Board, a notice will be published in accordance with the Michigan Zoning Enabling Act, as amended.
(5)
Resubmittal. No petition for rezoning or Zoning Ordinance text amendment that has been denied by the Township Board shall be resubmitted for a period of one year from the date of denial except on the grounds of new evidence or proof of changed conditions relating to all of the reasons noted for the denial found to be valid by the Planning Commission.
C.
Criteria for amendment of the Official Zoning Map (rezoning). In considering any petition for an amendment to the Official Zoning Map (rezoning), the Planning Commission and the Township Board shall consider the following criteria in making its findings, recommendations and decision:
(1)
Consistency with the goals, policies and Future Land Use Map of the Huron Township Master Plan, including all applicable subarea and corridor studies. If conditions have changed since the Master Plan was adopted, the consistency with recent development trends in the area.
(2)
Compatibility of the site's physical, geological, hydrological and other environmental features with the potential uses allowed in the proposed zoning district.
(3)
Evidence the applicant cannot receive a reasonable return on investment through developing the property with one of the uses permitted under the current zoning.
(4)
The compatibility of all the potential uses allowed in the proposed zoning district with surrounding uses and zoning in terms of land suitability, impacts on the environment, density, nature of use, traffic impacts, aesthetics, infrastructure and potential influence on property values.
(5)
The capacity of Township infrastructure and services sufficient to accommodate the uses permitted in the requested district without compromising the health, safety and welfare of the Township.
(6)
The apparent demand for the types of uses permitted in the requested zoning district in the Township in relation to the amount of land in the Township currently zoned to accommodate the demand.
(7)
Where a rezoning is reasonable given the above criteria, a determination shall be made that the requested zoning district is more appropriate than another district or amending the list of permitted or special land uses within a district.
D.
Criteria for amendment of the official Zoning Ordinance text. The Planning Commission and Township Board shall, at minimum, consider the following before taking action on any proposed amendment:
(1)
Compatibility with the basic intent and purpose of the Zoning Ordinance.
(2)
Consistency with the goals and objectives and future land use map of the Huron Township Master Plan, including any subarea or corridor studies.
(3)
The requested amendment will correct an error in current appropriate documentation.
(4)
The requested amendment will resolve an inequitable situation created by the Zoning Ordinance and does not grant special privileges.
(5)
The requested amendment will not result in unlawful exclusionary zoning.
(6)
There is documentation from Township staff or the Zoning Board of Appeals indicating problems and conflicts in implementation or interpretation of specific sections of the ordinance.
(7)
The requested amendment will address changes in state legislation, other Township ordinances, or federal regulations.
(8)
The requested amendment will resolve potential legal issues or administrative problems with the Zoning Ordinance based on recent case law or opinions rendered by the Attorney General of the State of Michigan.
E.
Conditional rezoning of land. As an alternative to a rezoning amendment as described in § 530-18B of this chapter, the 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 Act No. 110 of Public Acts of Michigan of 2006, as amended.[1] It is recognized that, in certain instances, it would be an advantage to both the Township and petitioners seeking rezoning of land if a site plan, along with conditions and limitations that may be relied upon by the Township, could be proposed as part of a petition for rezoning. Conditional rezoning of land must follow the standards and procedures as noted below.
(1)
The amendment procedure for a conditional rezoning shall follow the same procedure as a traditional rezoning amendment pursuant to § 530-18A.
(2)
In addition to the procedures as noted in § 530-18A, the following specific procedures, standards, and requirements apply to all proposed conditional rezoning requests:
(a)
A conditional rezoning request must be voluntarily offered by an 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. All offers shall be in the form of a written agreement approvable by the Township and property owner, incorporating the conditional rezoning site plan and setting forth any conditions and terms mutually agreed upon by the parties relative to the land for which the conditional rezoning is sought.
(b)
Conditional rezoning shall not allow a use or activity that would not otherwise be allowed in the proposed zoning district.
(c)
Conditional rezoning shall not alter any of the various zoning requirements for the use(s) 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 XII of this chapter.
(d)
Conditional rezoning shall not grant special land use approval. The process for review and approval of special land uses must follow the provisions of § 530-11 this chapter.
(e)
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.
(f)
In addition to the informational requirements provided for in § 530-18A(2) of this chapter, the applicant must provide a conditional rezoning site plan prepared by a licensed professional allowed to prepare such plans under this chapter, that may 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. 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 chapter for site plan review and approval, or subdivision or site condominium approval, as the case may be.
(3)
Time limits and reversion of land to previous district.
(a)
If the proposed conditions of rezoning are acceptable to the Township, the Township may establish a time period during which the conditions apply to the property and must be met. If the conditions are not satisfied within the time specified under this section, the property shall revert to its former zoning classification unless an extension is granted as noted below. Reversion of a property back to its former classification must follow the rezoning amendment provisions as provided in § 530-18B of the Zoning Ordinance.
(b)
Unless a reversion of the zoning takes place as described in the section above, the approved conditional rezoning shall be binding upon the subject property owner, their heirs, successors, assigns, and transferees.
(c)
Upon approval of a conditional zoning, a copy of the written agreement between the property owner and Township shall be filed with the Wayne County Register of Deeds, which shall act to provide notice to all subsequent owners of the property of the conditions approved and agreed to by the Township.
(d)
The Township may not add to or alter any conditions approved as a part of a rezoning during the time period specified above.
(e)
The time limits specified and approved by the Township may be extended upon the application of the landowner and approval of the Township.
[1]
Editor's Note: See MCLA § 125.3101 et seq.
F.
Amendments required to conform to court decree. Any amendment for the purpose of conforming to a decree of a court of competent jurisdiction shall be adopted by the Township Board and published, without necessity of a public hearing.