The provisions of this chapter shall be administered by the Planning Commission, the Zoning Board of Appeals and the Township Board in conformance with applicable state enabling legislation.

   (A)   Responsibility. The Township Board shall employ a Zoning Administrator and/or Code Enforcement Officer to act as its officer to effect proper and adequate administration of this chapter. The term of employment, compensation and any other conditions of employment shall be established by the Township Board. For the purposes of this chapter, the Zoning Administrator and/or Code Enforcement Officer shall have the necessary powers as granted by law.

   (B)   Duties of Zoning Administrator and/or Code Enforcement Officer.

      (1)   All applications for permits or certificates shall be submitted to the Zoning Administrator who may issue certificates of occupancy or sign permits when all applicable provisions of township ordinance(s) have been met. The Zoning Administrator and/or Code Enforcement Officer shall be empowered to make inspections of buildings or premises to carry out their duties in the enforcement of this chapter.

      (2)   Permits for buildings requiring a sewage disposal system in areas not served by public sanitary sewer will not be issued until proper approval for an on-site sewage disposal system is received by the township from the District Health Department or other state or county agency with the authority to grant the approval.

      (3)   The Zoning Administrator and/or Code Enforcement Officer shall keep record of all non-conforming uses as they present themselves.

      (4)   Under no circumstances is the Zoning Administrator permitted to make changes in this chapter, nor to vary the terms of this chapter in carrying out their duties.

   (C)   Certificate of occupancy. A certificate of occupancy shall not be issued by the building official pursuant to any other ordinance or code of the township unless there is full compliance with this chapter, and any state and federal requirements.

   (D)   Public notice. All applications for development approval requiring a public hearing shall comply with the Zoning Act and the other provisions of this section with regard to public notification.

      (1)   Responsibility. When the provisions of this chapter or the Zoning Act require that notice be published, the Zoning Administrator shall be responsible for preparing the content of the notice, having it published in a newspaper of general circulation in the township and mailed or delivered as provided in this section.

      (2)   Content. All mail, personal and newspaper notices for public hearings shall:

         (a)   Describe nature of the request. Identify whether the request is for a rezoning, text amendment, special land use, planned unit development, variance, appeal, ordinance interpretation or other purpose;

         (b)   Location. Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the subject property. Street addresses do not need to be created and listed if no addresses currently exist within the property. If there are no street addresses, other means of identification may be used such as a tax parcel identification number, identifying the nearest cross street or including a map showing the location of the property. No street addresses must be listed when 11 or more adjacent properties are proposed for rezoning, or when the request is for an ordinance interpretation not involving a specific property;

         (c)   When and where the request will be considered. Indicate the date, time and place of the public hearing(s);

         (d)   Written comments. Include a statement describing when and where written comments will be received concerning the request. Include a statement that the public may appear at the public hearing in person or by counsel; and

         (e)   Handicap access. Information concerning how handicap access will be accommodated if the meeting facility is not handicap accessible.

      (3)   Personal and mailed notice.

         (a)   General. When the provision of this chapter or state law require that personal or mailed notice be provided, notice shall be provided to:

            1.   The owners of property for which approval is being considered, and the applicant, if different than the owner(s) of the property;

            2.   a.   Except for rezoning requests involving 11 or more adjacent properties or an ordinance interpretation request that does not involve a specific property; to all persons to whom real property is assessed within 300 feet of the boundary of the property subject to the request, regardless of whether the property or occupant is located within the boundaries of the township. If the name of the occupant is not known, the term "occupant" may be used is making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. The applicant shall provide the Zoning Administrator with a list of the persons along with the application.

               b.   All neighborhood organizations, public utility companies, railroads and other persons which have requested to receive notice pursuant to division (D)(4)(b) below.

            3.   Other governmental units or infrastructure agencies within one mile of the property involved in the application.

         (b)   Notice by mail/affidavit. Notice shall be deemed mailed by its deposit in the United States mail, first class, properly addressed, postage paid. The Zoning Administrator shall prepare a list of property owners and registrants to whom notice was mailed, as well as of anyone to whom personal notice was delivered.

      (4)   Timing of notice. Unless otherwise provided in the Zoning Act, or this chapter where applicable, notice of a public hearing shall be provided as follows:

         (a)   For a public hearing on an application for a rezoning, text amendment, special land use, planned unit development, variance, appeal or ordinance interpretation: not less than 15 days before the date the application will be considered for approval; and

         (b)   Registration to receive notice by mail:

            1.   General. Any neighborhood organization, public utility company, railroad or any other person may register with the Zoning Administrator to receive written notice of all applications for development approval pursuant to division (D)(3)(a)2. above, or written notice of all applications for development approval within the zoning district in which they are located. The Zoning Administrator shall be responsible for providing this notification. Fees may be assessed for the provision of this notice, as established by the legislative body.

            2.   Requirements. The requesting party must provide the Zoning Administrator information on an official form to ensure notification can be made. All registered persons must re-register bi-annually to continue to receive notification pursuant to this section.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006; Ord. 14-06, passed 4-22-2014)

   No residential building or residential structure subject to the provisions of this section shall hereafter be erected, structurally altered, reconstructed, used, or moved, nor shall any excavation, or filling of land commence until a zoning permit application has been filed with the Zoning Administrator and a zoning permit has been issued by the Zoning Administrator, except as otherwise provided for in this section. No zoning permit shall be required for any lawful use of any building or structure in existence as of the adoption date of this section.

   (A)   The application shall be signed by the owner of the premises or his agent and shall certify that all provisions of this section and other applicable laws and requirements are to be complied with. The application shall be accompanied by:

      (1)   A site plan, if required, or a sketch in duplicate, in a scale sufficient to clearly detail- as determined by the Zoning Administrator, the location and dimensions of the premises including the boundary lines of all parcels of land under separate ownership contained therein; the size, dimensions, location on the premises, and height of all buildings, structures or other impervious surfaces in existence, to be erected and/or altered; the width and alignment of all abutting streets, highways, alleys, utility locations, easements; the location and dimensions of sewage disposal facilities or proposed sewage disposal facilities, if applicable.

      (2)   The Zoning Administrator shall have the authority to require a legal survey, sealed by a professional surveyor (not a mortgage survey) in the cases where there may be encroachment on the setbacks by the proposed structures or when the exact locations of property boundary lines are not known.

      (3)   Copies of permits or waivers of permits by other agencies as may be required by statute and/or by the Zoning Administrator.

      (4)   Such other information as may be required to determine compliance with this section.

   (B)   A zoning permit shall not be issued until all other necessary permits required by statute have been obtained or waived with exception of those permits issued by the Building Department.

   (C)   The location of the property boundaries and all structures to be erected shall be staked on the ground for Zoning Administrator's use prior to the issuance of the zoning permit.

   (D)   The zoning permit will expire after one year from date of issuance for any zoning permit under which no construction has occurred or no substantial construction has been done in the furtherance of the zoning permit.

   (E)   The Zoning Administrator shall have the power to revoke or cancel any zoning permit in case of failure or neglect to comply with the provisions of the section, or in the case of a false statement or misrepresentation made in the application. The owner shall be notified of such revocation in writing.

   (F)   No zoning permit shall be valid until the required fees have been paid. No separate fee shall be required for accessory buildings or structures when application thereof is made at the same time as the principal building or structure. Applications and petitions filed pursuant to the provisions of this section shall be accompanied by the filing fees as specified by the Township Board of Trustees.

   (G)   Upon issuance of the zoning permit, a copy of the permit and the application, including any drawings shall be transmitted to the Township Assessor.

(Ord. 14-05, passed 4-22-2014)

   The Zoning Administrator and/or Code Enforcement Officer shall enforce the provisions of this chapter.

   (A)   Violation and penalties. Violations of any provisions of this chapter are declared to be a nuisance per se. Any and all building or land use activities considered possible violations of the provisions of this chapter observed by or communicated to an official or employee shall be reported to the Zoning Administrator and/or Code Enforcement Officer.

      (1)   Inspection of violation. The Zoning Administrator and/or Code Enforcement Officer shall inspect each alleged violation or violations he or she observes or is aware of and shall order correction in writing, of all conditions found to be in violation of this chapter.

      (2)   Correction period. All violations shall be corrected within a period of 30 days after the order to correct is issued or in a longer period of time, not to exceed six months, as the Zoning Administrator or Code Enforcement Officer may deem necessary and appropriate.

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

   (B)   Conflicting regulations. In the interpretation, application and enforcement of the provisions of this chapter, whenever any of the provisions or limitations imposed or required by this chapter are more stringent than any other law or ordinance, then the provisions of this chapter shall govern; provided also that, whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by this chapter, then the provisions of the other law or ordinance shall govern.

   (C)   Availability of other enforcement options. Nothing in this chapter shall be deemed to require the township to initiate its municipal civil infraction ordinance enforcement activity through the issuance of an ordinance violation notice. As to each ordinance violation designated as a civil infraction the township may, at its sole discretion, proceed directly with the issuance of a civil infraction citation or take other enforcement action as is authorized by law including requesting a proper court to enjoin or abate any violation of the provisions of this chapter as a nuisance per se.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006)

   (A)   General. The Township Board may amend this chapter and the boundaries of zoning districts shown on the Zoning District by ordinance of the Township Board in accordance with the applicable zoning enabling legislation of the state.

   (B)   Initiation of amendments. Proposals for amendments, supplements or changes may be initiated by the Township Board of its own action, by the Planning Commission or by petition of one or more owners, or their agents, of property to be affected by the proposed amendment.

   (C)   Amendment procedures.

      (1)   Petition to Township Board. Each petition by one or more owners, or their agents, for an amendment shall be submitted upon an application of standard form to the Township Clerk. A fee as established by the Township Board shall be paid at the time of application to cover costs of necessary advertising, for public hearings and investigation of the amendment request. The Clerk shall transmit the application to the Planning Commission for recommended action.

      (2)   Recommendation. The Planning Commission shall consider each proposal for amendment in terms of its own judgment on particular factors related to the individual proposal and in terms of the likely effect of the proposal upon the master plan for the community. The Planning Commission may recommend any additions or modifications to the original amendment petition.

      (3)   Public hearing. Notices shall be given in accordance with § 155.385.

      (4)   County Metropolitan Planning Commission. Following the conclusion of the Public Hearing, the Planning Commission shall submit the proposed amendments, including any zoning district map, to the County Metropolitan Planning Commission for its review and recommendation. The recommendation of the County Planning Commission shall be conclusively presumed unless the Commission shall within 30 days of its receipt, have notified the Township Board of its disapproval or approval.

      (5)   Township Board.

         (a)   Upon receipt of the Planning Commission's, together with the County Planning Commission's, recommendation, the Township Board shall review the recommendations.

         (b)   If the Township Board shall deem any amendments, changes, additions or departures are advisable to the proposed ordinance amendment recommended by the Planning Commission, it shall refer the same back to the Planning Commission for a report thereon within a time specified by the Township Board.

         (c)   After receiving the proposed amendment recommendations heretofore specified, the Township Board shall grant a hearing on the proposed amendment to any property owner who has filed a written request to be so heard and shall request the Planning Commission to attend the hearing. Thereafter, the Township Board may deny, or adopt the amendment with or without any changes.

      (6)   Re-submittal. No application for a rezoning which has been denied by the Township Board shall be resubmitted for a period of one year from the date of the last denial, except on grounds of newly discovered evidence or proof of changed conditions found upon inspection by the Township Board to be valid.

   (D)   Conditional rezoning (CR).

      (1)   Intent. The Planning Commission and Township Board have recognized that, in certain instances, it would be advantageous to both the township and property owners seeking rezoning if a plan, along with conditions and limitations that may be relied upon by the township, could be proposed as part of a petition for rezoning. Therefore, it is the intent of this division (D) to provide an election to property owners in connection with the submission of petitions seeking the amendment of this division (D) for approval of a rezoning with conditions, per Public Act 110 of 2006, as amended.

      (2)   Definitions. For purposes of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

         REZONING CONDITIONS . Conditions proposed by the applicant and approved by the township as part of an approval under this section, including review and recommendation by the Planning Commission, which shall constitute regulations in connection with the development and use of property approved with a rezoning condition in conjunction with a rezoning. Such rezoning conditions shall not authorize uses or developments of greater intensity or density and which are not permitted in the district proposed by the rezoning (and shall not permit uses or development expressly or implicitly prohibited in the conditional rezoning agreement), and may include some or all of the following:

            1.   The location, size, height or other measure for and/or of buildings, structures, improvements, setbacks, landscaping, buffers, design, architecture, and other features shown on the CR Plan.

            2.   Specification of maximum density or intensity of development and/or use, expressed in terms fashioned for the particular development and/or use, for example, and without limitation, units per acre, maximum usable floor area, hours of operation and the like.

            3.   Preservation of natural resources and/or features.

            4.   Facilities to address drainage/water quality.

            5.   Facilities to address traffic issues.

            6.   Preservation of open space.

            7.   A written understanding for permanent maintenance of natural resources, features, and/or facilities to address drainage/water quality, traffic, open space and/or other features or improvements; and, provision for authorization and finance of maintenance by or on behalf of the township in the event the property owner(s) fail(s) to timely perform after notice.

            8.   Signage, lighting, landscaping, and/or building materials for the exterior of some or all structures.

            9.   Permissible uses of the property.

            10.   Protection of township land from annexation.

            11.   Preservation of historic farms, barns and other buildings to preserve the history of the township.

            12.   Donation of land for open space, using a land conservancy or other means, to protect the open space for future generations.

            13.   Paving, making substantial improvements to, or funding of improvements to major township roads where the entire township benefits.

            14.   Construction and/or donation of community buildings where the need has been identified and defined by the township.

            15.   Preservation of a rural view shed which is an undeveloped area adjacent to the road right-of-way, having a depth of at least 200 feet, where existing natural features, such as wetlands, woodlands, hedgerows, undulating landforms, and scenic vistas, are preserved and incorporated into the landscape.

            16.   Provide usable and contiguous open space amounting to at least 40% of the site, using the concept of clustering.

            17.   Added landscaping, above and beyond what is required by township ordinance.

            18.   Reclamation and re-use of land, where previous use of land causes severe development difficulties, or has caused blight.

            19.   Installation of streetscape on an arterial road, beyond what is required by ordinance, and where compatible with township guidelines concerning trees, streetlights, and landscaping.

            20.   Drain and drainage improvements, beyond what is required by ordinance, using best management practices.

            21.   Providing monuments or other landmarks to identify township boundaries.

            22.   Such other conditions as deemed important to the development by the applicant.

         CONDITIONAL REZONING (CR) AGREEMENT. A written agreement approved and executed by the township and property owner, incorporating a CR Plan, and setting forth rezoning conditions, conditions imposed pursuant to Public Act 110 of 2006, as amended, and any other terms mutually agreed upon by the parties relative to land for which the township has approved a rezoning with rezoning conditions. Terms of the CR Agreement shall include agreement and understanding of the following:

            1.   That the rezoning with rezoning conditions was proposed by the applicant to induce the township to grant the rezoning;

            2.   That the township relied upon such proposal and would not have granted the rezoning but for the terms spelled out in the CR Agreement;

            3.   That the conditions and CR Agreement are authorized by all applicable state and federal laws and constitutions;

            4.   That the CR Agreement is valid and was entered into on a voluntary basts, and represents a permissible exercise of authority by the township;

            5.    That the property in question shall not be developed or used in a manner inconsistent with the CR Plan and CR Agreement;

            6.   That the approval and CR Agreement shall be binding upon and inure to the benefit of the property owner and township, and their respective heirs, successors, assigns, and transferees;

            7.   That, if a rezoning with rezoning conditions becomes void in the manner provided in this section, no development shall be undertaken or permits for development issued until a new zoning district classification of the property has been established;

            8.   That each of the requirements and conditions in the CR Agreement represents a necessary and reasonable measure which, when considered with all other conditions and requirements, is roughly proportional to the increased impact created by the use represented in the approved rezoning with rezoning conditions, taking into consideration the changed zoning district classification and the specific use authorization granted.

         CONDITIONAL REZONING (CR) PLAN. A plan of the property which is the subject of a rezoning with rezoning conditions, prepared by a licensed civil engineer or architect, that may show the location, size, height, design, architecture or other measure or feature for and/or buildings, structures, improvements and features on, and in some cases adjacent to, the property. The details to be offered for inclusion within the CR Plan shall be determined by the applicant, subject to approval of the Township Board after recommendation by the Planning Commission.

      (3)   Authorization and eligibility.

         (a)   Application. A property owner shall have the option of making an election under this section in conjunction with a submission of a petition seeking a rezoning. Such election may be made at the time of the application for rezoning is filed, or at a subsequent point in the process of review of the proposed rezoning. The election shall be made by filing an application conforming with this section for approval of a conditional rezoning that would establish site-specific use authorization if the petition for rezoning is granted. Such election shall be to seek a rezoning with rezoning conditions pursuant to Public Act 110 of 2006, as amended, which would represent a legislative amendment of the zoning ordinance.

         (b)   Site specific regulations. In order to be eligible for the proposal and review of a rezoning with rezoning conditions, a property owner must proposed a rezoning of property to a new zoning district classification, and must, as part of such proposal, voluntarily offer certain site-specific regulations (to be set forth on a CR Plan and in a CR Agreement to be prepared) which are, in material respects, equally or more strict or limiting than the regulations that would apply to the land under the proposed new zoning district, such as set forth in divisions 1. through 22. of the definition of REZONING CONDITIONS above.

      (4)   Required application information.

         (a)   A CR Plan, as defined in division (D)(2) above. The CR Plan shall not replace the requirement for site plan review and approval, special land use approval, or subdivision or condominium approval, as the case may be.

         (b)   Statement of rezoning conditions, as defined in division (D)(2) above. Rezoning conditions shall not authorize uses or development not permitted in the district proposed by the rezoning (and shall not permit uses or development expressly or implicitly prohibited in the CR Agreement).

         (c)   A CR Agreement, as defined in division (D)(2) above. The CR Agreement shall be prepared by the applicant (or designee) and approved by the Township Attorney. The CR Agreement shall incorporate the CR Plan and set forth the rezoning conditions, together with any other terms mutually agreed upon by the parties (including the minimum provisions specified in the definition of CR Agreement, above).

      (5)   Review and approval criteria. The applicant shall have the burden of demonstrating that the following requirements and standards are met by the CR Plan, Rezoning Conditions, and CR Agreement:

         (a)   Enhancement of the project area. Approval of the application shall accomplish, among other things, and as determined in the discretion of the Township Board, the integration of the proposed land development project with the characteristics of the project area, and result in an enhancement of the project area as compared to the requested zoning change, and such enhancement would be unlikely to be achieved or would not be assured in the absence of the use of a conditional rezoning.

         (b)   In the public interest. Sufficient conditions shall be included on and in the CR Plan and CR Agreement on the basis of which the Township Board concludes, in its discretion, that, as compared to the existing zoning and considering the site specific land use proposed by the applicant, it would be in the public interest to grant the rezoning with rezoning conditions; provided, in determining whether approval of a proposed application would be in the public interest, the benefits which would reasonably be expected to accrue from the proposal shall be balanced against, and be found to clearly outweigh the reasonably foreseeable detriments thereof, taking into consideration reasonably accepted planning, engineering, environmental and other principles, as presented to the Township Board, following recommendation by the Planning Commission, and also taking into consideration the special knowledge and understanding of the township by the Township Board and Planning Commission.

      (6)   Review process.

         (a)   Pre-application meeting. Prior to the time of making application for a conditional rezoning, the applicant shall schedule a pre-application submission meeting with the Township Manager, the Township Planner, the Township Engineer, the Township Building Official, the Township Attorney, or their designees, for a preliminary review of the application for conditional rezoning and so that the applicant has a thorough understanding of the process. The applicant shall pay the township's costs and expenses incurred for this meeting.

         (b)   Offer of conditions. At the time of making application for amendment of this division (D) seeking a rezoning of property, or at least a later time during the process of township consideration of such rezoning, a property owner may submit an application for approval of a conditional rezoning to apply in conjunction with the rezoning.

         (c)   Application. The application, which may be amended during the process, shall include a CR Plan proposed by the applicant and shall specify the rezoning conditions proposed by the applicant, recognizing that rezoning conditions shall not authorize uses or development not permitted in the district proposed by the rezoning.

         (d)   Notice of public hearing. The proposed rezoning with rezoning conditions, together, shall be noticed for public hearing before the Planning Commission as a proposed legislative amendment to the zoning ordinance in accordance with § 155.385.

         (e)   Planning Commission recommendation. Following the public hearing and further deliberations as deemed appropriate by the Planning Commission, the Planning Commission shall make a recommendation to the Township Board on the proposed rezoning with rezoning conditions.

         (f)   Township Board action. Upon receipt of the recommendation of the Planning Commission, the Township Board shall commence deliberations on the proposed rezoning with rezoning conditions. If the Township Board determines that it may approve the rezoning with rezoning conditions, the Township Board shall specify tentative conditions and direct the Township Attorney to work with the applicant in the finalization of the proposed CR Agreement.

      (7)   Zoning map designation. If approved, the zoning district classification of the rezoned property shall consist of the district to which the property has been rezoned, accompanied by a reference to "CR Conditional Rezoning". The zoning map shall specify the new zoning district plus a reference to "CR" (for example, the district classification for the property might be B-3 General Intensive Commercial with CR, Conditional Zoning, with a zoning map designation of B-3/CR) and use of the property so classified and approved shall be restricted to the permission granted in the CR Agreement, and no other development or use shall be permitted.

      (8)   Use of property.

         (a)   Generally. The use of the property in question shall, subject to division (D)(8)(b) below, be in total conformity with all regulations governing development and use within the zoning district to which the property has been rezoned, including, without limitation, permitted uses, lot sizes, setbacks, height limits, required facilities, buffers, open space areas, and land use density.

         (b)   Development subject to conditional rezoning requirements. Development and use of the property shall be subject to the more restrictive requirements shown or specified on the CR Plan, and/or in the other conditions and provisions set forth in the CR Agreement, required as part of the conditional rezoning approval, and such CR Plan and conditions and CR Agreement shall supersede all inconsistent regulations otherwise applicable under the zoning ordinance.

      (9)   Recordation of CR Agreement. A rezoning with rezoning conditions shall become effective following publication in the manner provided by law and after recordation of the CR Agreement with the County Register of Deeds, whichever is later.

      (10)   Amendment to CR Agreement. Amendment of a CR Agreement shall be proposed, reviewed and approved in the same manner as a new rezoning with rezoning conditions.

      (11)   Expiration. Unless extended by the Township Board for good cause, the rezoning with rezoning conditions shall expire following a period of two years from the effective date of the rezoning unless construction on the development of the property pursuant to the required permits issued by the township commences within such two-year period and proceeds diligently and in good faith as required by ordinance to completion.

         (a)   Extension of approval. In the event the development has not commenced, as defined above, within two years from the effective date of the rezoning, the conditional rezoning and the CR Agreement shall be void and of no effect. The property owner may apply to the Township Board for a one-year extension one time. The request must be submitted to the Township Clerk before the two-year time limit expires. The property owner must show good cause as to why the extension should be granted.

         (b)   Violation of the CR Agreement. If development and/or actions are undertaken on or with respect to the property in violation of the CR Agreement, such development and/or actions shall constitute a nuisance per se. In such cases, the township may issue a stop work order relative to the property and seek any other lawful remedies. Until curative action is taken to bring the property into compliance with the CR Agreement, the township may withhold, or following notice, revoke permits and certificates, in addition to or in lieu of such other lawful action to achieve compliance.

         (c)   Township action upon expiration. If the rezoning with rezoning conditions becomes void in the manner provided in above, then the township shall rezone the property to its former zoning classification in accordance with the zoning ordinance procedures. Until such a time as a new zoning district classification of the property has become effective, no development shall be undertaken or permits for development issued.

      (12)   Performance guarantee. To guarantee performance and to ensure the township does not bear any costs associated with non-performance, the property owner must submit a letter of credit or cash deposit upon making application for conditional rezoning in an amount specified in the township Fee Schedule.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006; Ord. 13-10, passed 11-26-2013)

   (A)   Creation and membership.

      (1)   Pursuant to Pub. Act 110 of 2006, being M.C.L.A. § 125.3601, one of the regular members of the Zoning Board of Appeals shall be a member of the Planning Commission. The remaining regular members, and any alternate members, shall be selected from the electors of the township residing within the zoning jurisdiction of the township. The members selected shall be representative of the population distribution and of the various interests present in the township. One regular member may be a member of the Board of Trustees, but shall not serve as Chairperson of the Zoning Board of Appeals. An employee or contractor of the Board of Trustees may not serve as a member of the Zoning Board of Appeals.

      (2)   The Township Board may appoint not more than two alternate members for the same term as regular members to the Zoning Board of Appeals. An alternate member may be called as specified in this chapter to serve as a regular member of the Zoning Board of Appeals in the absence of a regular member if the regular member is absent from or will be unable to attend one or more consecutive meetings of the Zoning Board of Appeals. 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 Zoning Board of Appeals.

      (3)   The total amount annually allowed the Board of Appeals as per diem or as expenses actually incurred in the discharge of duties shall not exceed a reasonable sum, which shall be appropriated annually in advance by the Township Board.

      (4)   A member of the Board of Appeals may be removed by the Township Board for misfeasance, malfeasance or non-feasance in office upon written charges and after public hearing. A member shall disqualify himself or herself from a vote in which the member has a conflict of interest. Failure of a member to disqualify himself or herself from a vote in which the member has a conflict of interest constitutes malfeasance in office.

      (5)   Terms shall be for three years, except for members serving because of their memberships 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 whose terms shall be limited to the time they are members of those bodies. When members are first appointed, the appointments may be for less than three years to provide for staggered terms. A successor shall be appointed not more than one month after the term of the preceding member has expired. Vacancies for unexpired terms shall be filled for the remainder of the term.

      (6)   The Zoning Board of Appeals shall not conduct business unless a majority of the regular members of the Board is present.

   (B)   Organization and procedures.

      (1)   Rules of procedure. The Zoning Board of Appeals shall adopt its own rules of procedure as may be necessary to conduct its meetings and carry out its function, and shall have all other powers as provided by law. The Board shall choose its Chairperson, and in the absence of the Chairperson, an acting Chairperson. The Board may also alert other officers or committees as it considers necessary.

      (2)   Meetings. Meetings shall be held at the call of the Chairperson and at such times as the Zoning Board of Appeals may determine. All meetings by the Zoning Board of Appeals shall be open to the public. The Board may declare any meeting, or part of any meeting, a study meeting to pursue matters of business without comment or interruption from the public in attendance. The Chairperson or, in his or her absence, the acting Chairperson may administer oaths and compel the attendance of witnesses.

      (3)   Records. Minutes of all proceedings shall be kept and maintained which shall contain evidence and dates relevant to every case considered together with the votes of the members and the final disposition of each case. The minutes shall be filed in the office of the Township Clerk and shall be made available to the general public.

      (4)   Counsel. The Township Attorney shall act as legal counsel for the Zoning Board of Appeals and shall be present at all meetings upon request by the Chairperson of the Zoning Board of Appeals.

      (5)   Hearings.

         (a)   Following receipt of a written request concerning a request for a variance, the Zoning Board of Appeals shall fix a reasonable time for the hearing of the request and give notice as provided in § 155.385. Upon receipt of a written request seeking an interpretation of the zoning ordinance or an appeal of an administrative decision, a notice stating the time, date and place of the public hearing shall be published in a newspaper of general circulation within the township and shall be sent to the person requesting the interpretation not less than 15 days before the public hearing. In addition, if the request for an interpretation or appeal of an administrative decision involves a specific parcel, written notice stating the nature of the interpretation request and the time, date, and place of the public hearing on the interpretation request shall be sent by first-class mail or personal delivery to all persons to whom real property is assessed within 300 feet of the boundary of the property in question and to the occupants of all structures within 300 feet of the boundary of the property in question. If a tenant's name is not known, the term "occupant" may be used.

         (b)   Any person may appear and testify at the hearings, either in person or by duly authorized agent or attorney.

         (c)   The Chairperson of the Zoning Board of Appeals may recess the hearings from time to time and, if the time and place of the continued hearing be publicly announced at the time of adjournment of the Board hearing, no further notice shall be required.

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

      (7)   Malfeasance. The Township Board of Trustees shall provide for the removal of a member of the Zoning Board of Appeals for misfeasance, malfeasance or non-feasance in office upon written charges and after public hearing.

   (C)   Majority vote. The concurring vote of a majority of the members of the Zoning Board of Appeals shall be necessary to reverse any order, requirements, decision or determination of the Zoning Administrator and/or Code Enforcement Officer or to decide in favor of the applicant on any matter upon which they are required to pass under this chapter or to effect any variation in the ordinance.

   (D)   Appeals.

      (1)   Filing of appeals.

         (a)   Appeals to the Zoning Board of Appeals may be made by any person aggrieved, or by any order, requirement, decision or determination made by an administrative official charged with enforcement of this chapter.

         (b)   Any appeal from the ruling of the Administrative Official concerning the enforcement of the provisions of this chapter may be made to the Zoning Board of Appeals within ten days after the date of the mailing of the Administrator's decision. The appeal shall be filed with the Zoning Administrator and shall specify the grounds for appeal. The Zoning Administrator shall immediately transmit to the Chairperson of the Board of Appeals papers constituting the record upon which the action appealed from was taken.

      (2)   Stay. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Zoning Board of Appeals after notice of appeal has been filed, that by reason of facts stated in the certificate a stay would, in their opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Zoning Board of Appeals or, by a court of record.

      (3)   Fees. A fee, as established by the Township Board from time to time, shall be paid to the Zoning Administrator at the time of filing application with the Zoning Board of Appeals. The purpose of the fee is to cover, in part, the necessary advertisements, investigations and other expenses incurred by the Zoning Board of Appeals in connection with the appeal.

   (E)   Duties and powers. The Zoning Board of Appeals shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms or intent of this chapter, but does have power to act on those matters where this chapter provides for an administrative review, interpretation, variance exception or special approval permit, as defined in this section.

      (1)   Review. The Zoning Board of Appeals shall hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision, determination or refusal made by the Zoning Administrator or by any other official in administering or enforcing any provisions of this chapter.

      (2)   Interpretation. The Zoning Board of Appeals shall have the power to:

         (a)   Interpret, upon request, the provision of this chapter in a way as to carry out the intent and purpose of the ordinance;

         (b)   Determine the precise location of the boundary lines between zoning districts;

         (c)   Classify a use which is not specifically mentioned as part of the use regulations of any zoning district so that it conforms to a comparable permitted or prohibited use, in accordance with the purpose and intent of each district; and

         (d)   Determine the off-street parking and loading space requirements of any use not specifically mentioned in § 155.082.

      (3)   Water and sewer. May not alter or give variance for potable water and sanitary sewer requirements.

      (4)   Variance. The Zoning Board of Appeals shall have the power to authorize, upon an appeal, dimensional (non-use) variances allowed by law; provided, the conditions listed herein can be satisfied:

      (5)   Dimensional variance. A dimensional variance may be granted only in cases where the applicant demonstrates in the official record of the public hearing that practical difficulty exists by showing all of the following:

         (a)   The need for the requested variance is due to unique circumstances or physical conditions of the property involved, such as narrowness, shallowness, shape, water or topography and is not due to the applicants personal or economic difficulty;

         (b)   The need for the requested variance is not the result of actions of the property owners or previous property owners (self-created);

         (c)   Strict compliance with regulations governing area, setback, frontage, height, bulk, density or other dimensional requirements will unreasonably prevent the property owner from using the property for a permitted purpose, or will render conformity with those regulations unnecessarily burdensome;

         (d)   The requested variance is the minimum variance necessary to do substantial justice to the applicant as well as to other property owners in the district; and

         (e)   The requested variance will not cause an adverse impact on surrounding property, property values or the use and enjoyment of property in the neighborhood or zoning district.

   (F)   Rules. The following rules shall be applied in the granting of variances.

      (1)   The Zoning Board of Appeals may specify, in writing, conditions regarding the character, location, length of time and other features that will in its judgment, secure the objectives and purposes of this chapter. The breach of any condition shall automatically invalidate the variance granted.

      (2)   Each variance granted under the provisions of this chapter shall become null and void unless:

         (a)   The construction authorized by the variance or permit has been commenced within six months after the granting of the variance; or

         (b)   The occupancy of land, premises or buildings authorized by the variance has taken place within one year after the granting of the variance.

      (3)   No application for a variance which has been denied wholly or in part by the Zoning Board of Appeals shall be resubmitted for a period of one year from the date of the last denial, except on the grounds of newly discovered evidence or proof of changed conditions found upon inspection by the Board to be valid.

   (G)   Temporary variances. The Zoning Board of Appeals may grant temporary variances for temporary structures, such as a garage, partial structure, cellar or basement to be used for dwelling purposes. Temporary variances are limited to six months or less with no extensions. Temporary variances are subject to the following procedures and limitations.

      (1)   An application for a variance for the erection or movement of a temporary structure for dwelling purposes, including trailer coaches, shall be made to the Zoning Board of Appeals.

      (2)   Notices shall be given in accordance with § 155.385.

      (3)   A temporary variance shall not be granted unless the Zoning Board of Appeals finds adequate evidence that the proposed location of the use will not be detrimental to property in the immediate vicinity; and that the proposed water supply and sanitary facilities have been approved by the County Health Department.

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

      (5)   Unique and temporary conditions shall exist which justify the need for a manufactured home on a given lot or parcel such as a dwelling for seasonal farm labor, aged family members, domestic employees or similar dwelling needs of a temporary nature that relate to the use of the principal dwelling on the property in question.

      (6)   The variance issued shall clearly set forth the conditions under which the variance is granted and shall state that the proposed temporary dwelling structure is to be vacated upon expiration of a specific time limit not to exceed 12 months. No temporary variance shall be transferable to any other owner or occupant. The variance may be renewed in the case of manufactured homes if the conditions of divisions (G)(1) through (G)(5) above can be met again.

   (H)   Bond for compliance.

   (I)   Bond authorized. In authorizing any variance, or in granting any conditional, or special approval permits, the Zoning Board of Appeals may require that a bond of ample sum be furnished to ensure compliance with requirements, specifications and conditions imposed with the grant of variance.

   (J)   Zoning Board of Appeals decisions. The decision of the Zoning Board of Appeals shall be final. A party aggrieved by the decision may appeal to the Circuit Court.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006; Ord. 09-02, passed 10-20-2009)

   (A)   Whenever any provision of this chapter imposes requirements for lower heights of buildings, or a less percentage of lots that may be occupied or requires wider or larger courts or deeper yards than are imposed or required by existing provisions of law or other ordinances of the township, the provisions of this chapter shall govern.

   (B)   Whenever provisions of any other ordinance or regulation of the township imposes requirements for lower height of buildings or less percentage of lots that may be occupied, or requires wider or larger courts or deeper yards than are required by this chapter, the provisions of the other ordinance or regulation shall govern.

   (C)   It is the legislative intent that this chapter be liberally construed and should any provision or section of this chapter be held unconstitutional or invalid the ruling shall not be construed as affecting the validity of remaining portions of the ordinance, it being the intent that this chapter shall stand notwithstanding the invalidity of any provision or section therein.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006)

   The existing zoning regulations of the township, as amended, are hereby repealed. The adoption of this chapter, however, shall not affect or prevent any pending or future prosecution of, or action to abate, any existing violation of the prior ordinance, as amended, if the use, so in violation, is in violation of the provisions of this chapter.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006)

   This chapter shall take effect 11-2-2006.

(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006)