The provisions of this chapter shall be administered and enforced by the zoning inspector.

(Ord. No. 16, § 19.01, 3-4-1981)

The zoning inspector shall be appointed by the township board for such term and subject to such conditions and at such rate of compensation as the township board shall determine. To be eligible for appointment to the post of zoning inspector, the applicant must:

(1)

Be generally informed of the provisions of this chapter;

(2)

Have a general knowledge of the building arts and trades; and

(3)

Be physically capable of fulfilling the duties of the zoning inspector.

The applicant shall have no interest whatsoever, directly or indirectly, in the sale or manufacture of any material, process, facility or device entering into or used in connection with building construction.

(Ord. No. 16, § 19.02, 3-4-1981)

(a)

Required. No building or structure shall be erected, moved, placed, reconstructed, extended, enlarged or altered, unless a permit therefore has been issued by the zoning inspector. An application for a permit shall be in writing and upon forms furnished by the township. A permit issued by the zoning inspector is nontransferable and must be obtained before any work, excavations, erection, alteration or movement is commenced. Satisfactory evidence of ownership of the lot or premises may be required by the zoning inspector and shall be furnished upon request. If the application is approved, the zoning inspector shall so mark both copies of the application over the signature and file one copy with the township clerk and return the other copy to the applicant.

(b)

Contents of application. Each application shall include reasonable information as may be requested by the zoning inspector in order to determine compliance with the terms and provisions of this chapter and shall include as a minimum, the following information:

(1)

The location and actual dimensions of the lot or premises to which the permit is to apply;

(2)

The kind of buildings or structures to which the permit is to apply;

(3)

The width of all abutting streets;

(4)

The area, size and location of all buildings or structures to which the permit is to apply;

(5)

The type of use to be made of the building or structure to which the permit is to apply; and

(6)

The use of buildings or structures on adjoining lands.

The zoning inspector may exercise discretion to waive the inclusion of any of the foregoing information in an application if the inspector should determine that such information is not reasonably necessary to determine compliance with the terms and provisions of the chapter.

(c)

Accessory buildings or structures. Accessory buildings or structures, when erected, moved, placed, reconstructed, extended, enlarged, or altered, at the same time as the principal building on the same lot or premises and when shown on the application for the permit for the principal building, shall not require the issuance of a separate permit. A separate permit shall be required if any accessory building or structure is erected, moved, placed, reconstructed, extended, enlarged or altered separately or at a different time than the principal building on the same lot or premises.

(d)

Planning commission approval. When the terms and provisions of this chapter require authorization by the planning commission as a special use and such authorization is given, then both copies of the application shall be marked approved by the secretary of the planning commission in addition to being so marked as provided above by the zoning inspector.

(e)

Issuance of permit. Within ten days after the receipt of any application, the zoning inspector shall either:

(1)

Issue a permit if the proposed work is in conformance with the terms and provisions of this chapter; or

(2)

Deny issuance of a permit and state the reason or cause for such denial in writing.

In each case the permit or the written reason or cause for denial shall be transmitted to the owner or the agent of the owner.

(f)

Expiration of permits. A permit for a single-family dwelling for which all construction work has not been completed within one year from the date of its issuance shall expire automatically; a permit for any other building or structure for which all construction work has not been completed within two years from the date of issuance shall expire automatically. A permit expiring automatically pursuant to this subsection shall, upon reapplication, be renewable once for additional terms of one and two years, respectively (one year for single-family dwelling, two years for any other building or structure), on payment of an additional fee equal to one-half of the original permit fee.

(g)

Cancellation of permits. The zoning inspector shall have the power to remove and cancel any permit in the event of failure or neglect to comply with all of the terms and provisions of this chapter or remove in the event of any false statements or misrepresentations in the application for the permit. Notice of such cancellation and revocation shall be securely posted on the construction, such posting to be considered as service upon and notice to the permit holder of the cancellation and revocation of the permit.

(h)

Fees. Fees shall be charged and collected by the zoning inspector in accordance with the fee schedule adopted by resolution of the township board.

(Ord. No. 16, § 19.03, 3-4-1981)

(a)

As work progresses under a permit, the holder thereof or the authorized agent of such owner shall cause the zoning inspector to be notified of the following stages of construction:

(1)

Upon completion of the footing and foundation walls.

(2)

Upon completion of the rough frame of the building or structure and the electrical wiring.

(3)

Upon total competition of the work authorized by the permit and before occupancy or use.

(b)

Should the permit holder fail to comply with all of the terms and provisions of the chapter at any stage of construction, the zoning inspector is authorized to revoke and cancel the permit and cause notice of such posting to be considered as service upon and notice to the permit holder of the cancellation and revocation of the permit. No further work shall be undertaken or permitted upon such construction until a new permit is issued for such work.

(Ord. No. 16, § 19.04, 3-4-1981)

No change in use shall be permitted and no building or structure which is erected, moved, placed, reconstructed, extended, enlarged, or altered shall be allowed to be used or occupied in whole or in part until the owner thereof has been issued a certificate by the zoning inspector affirming that such building or structure conforms in all respects to the provisions of this chapter and pertinent decisions of the zoning board of appeals.

(Ord. No. 16, § 19.05, 3-4-1981)

Any building or structure which is erected, moved, placed, reconstructed, razed, extended, enlarged, altered, maintained or used, or any use of a lot or land which is begun, maintained or changed in violation of any term of provision of this chapter, is hereby declared to be a nuisance per se. Any person who violates, disobeys, omits, neglects, or refuses to comply with, or resists the enforcement of any term or provision of this chapter or any amendment thereof shall be guilty of a misdemeanor.

(Ord. No. 16, § 22.01, 3-4-1981)

The township board and/or township supervisor may institute injunction, mandamus, abatement or any other appropriate action or proceedings to prevent, enjoin, abate, or remove any violation of this chapter. The rights and remedies provided herein are cumulative and in addition to all other remedies provided by law.

(Ord. No. 16, § 22.02, 3-4-1981)

The intent of this section is to provide for consultation and cooperation between the applicant and the township planning commission in order that the applicant may accomplish the objectives of the applicant in the utilization of the applicant's land within the regulations of this zoning chapter and with minimum adverse effect on the use of adjacent streets and highways, and on existing and future uses and environment in the immediate area and vicinity.

(Ord. No. 16, § 15.01, 3-4-1981)

Notwithstanding the failure of this zoning chapter to specifically provide elsewhere for site plan approval of a particular use, site plan review and approval is required in each of the following instances:

(1)

A site plan shall be submitted to the planning commission for any use permitted in the C-1, C-2, C-3, MU, or I-1 zoning districts.

(2)

A site plan shall be submitted to the planning commission for any multifamily dwelling in the R-3 zoning district.

(3)

A site plan shall be submitted to the planning commission for any church, school, library, athletic ground, park, playground, cemetery, museum, art gallery, community center, governmental or administration or service building, or mobile home park to be constructed in the AG, R-1, R-1.5, R-2, R-3, or R-4 zoning district.

(4)

A site plan shall be submitted for any special use and also for any planned unit development.

(5)

A site plan shall be submitted when any other section of this zoning chapter requires site plan approval.

(Ord. No. 16, § 15.02, 3-4-1981; Ord. No. 70, § 8, 9-14-1994; Ord. No. 166, § 1, 1-11-2012; Ord. No. 204, § 1, 9-8-2021)

An application for site plan review, plus either a preliminary or final site plan, shall be submitted 20 days prior to the next scheduled planning commission meeting through the zoning inspector who will review the application and plans for completeness, then transmit to the planning commission.

(Ord. No. 16, § 15.03, 3-4-1981; Ord. No. 33, § 2, 10-11-1989)

Preliminary sketches of proposed site and master plans may be submitted for review to the planning commission prior to final site plan submittal. The purpose of such procedure is to allow discussion between the applicant and the planning commission to better inform the applicant of the acceptability of the proposed plans of the applicant prior to incurring extensive engineering and other costs which might be necessary for final site plan approval. Such plans shall include the following as deemed necessary by the zoning inspector:

(1)

Legal description of the property.

(2)

Small-scale sketch of properties, streets and use of land within one-half mile of the area.

(3)

A generalized map showing any existing or proposed arrangement of:

a.

Streets;

b.

Lots;

c.

Access points;

d.

Other transportation arrangement;

e.

Buffer strips screening;

f.

Natural characteristics including but not limited to open space, stands of trees, brooks, ponds, floodplains, hills, dune classifications, dune crests, and similar natural assets;

g.

Signs - location and lighting;

h.

Buildings.

(4)

A narrative describing:

a.

The overall objectives of the proposed development.

b.

Number of acres allocated to each proposed use and gross area in building, structures, parking, public and/or private streets and drives, and open space.

c.

Dwelling unit densities by type.

d.

Proposed method of providing sewer and water service, as well as other public and private utilities.

e.

Proposed method of providing storm drainage.

f.

Proposed method of revegetating open sand areas, both preexisting and newly created, to a stable condition.

In addition to the above, the applicant shall submit a fee in accordance with the fee schedule established by the township board to cover the normal and specially incurred expenses of the planning commission. One-half of such fee shall be paid upon submission of the preliminary site plan and the balance upon submission of the final site plan.

(Ord. No. 16, § 15.04, 3-4-1981)

The planning commission shall review the preliminary site plan and make recommendations to the applicant at the regular planning commission meeting based on the purposes, objectives and requirements of this chapter, and specifically, the following considerations when applicable:

(1)

Ingress and egress to the property and proposed structures thereon with particular reference to motor vehicle and pedestrian safety and convenience, traffic flow control, and access in cases of fire, catastrophe, or emergency.

(2)

Off-street parking and loading areas where required, with particular attention to noise, glare, and odor effects of each use in the plan on adjoining properties and properties in the proposed development. The first 25 feet of the front yard shall be landscaped according to the site plan submitted to the planning commission.

(3)

Sewer, water and storm drainage with reference to locations, availability and compatibility.

(4)

Screening and buffering with reference to type, dimensions and character.

(5)

Signs. If any, and their proposed lighting relative to glare, traffic safety, economic effect, and compatibility and harmony with adjoining properties.

(6)

Required yards.

(7)

General compatibility with adjacent properties.

(8)

The general purposes and spirit of this chapter and the general master plan of the township.

(Ord. No. 16, § 15.05, 3-4-1981; Ord. No. 70, § 9, 9-14-1994; Ord. No. 183, § 1, 1-11-2017)

The site plan shall include the following information and such items as may be requested by the planning commission from its review of the optional preliminary site plan:

(1)

Legal description of the property.

(2)

Small scale sketch of properties, streets and use of land within one-half mile of the area.

(3)

A map at a scale not to exceed one inch equals 200 feet. The following items shall be shown on the map:

a.

Date site plan was prepared.

b.

Name and address of the preparer.

c.

The topography of the site at a minimum of five-foot intervals and its relationship to adjoining land.

d.

Existing manmade features.

e.

Dimensions of setbacks, locations, heights and size of buildings and structures.

f.

Street rights-of-way, indicating proposed access routes, internal circulation, and relationship to existing rights-of-way.

g.

Proposed grading.

h.

Location and type of drainage, sanitary sewers, storm sewers, and other utilities.

i.

Location and type of fences, landscaping, buffer strips, and screening.

j.

Location and type of signs and on-site lighting.

k.

Proposed parking areas and drives. Parking areas shall be designed by lines showing individual spaces and shall conform with the provisions of article X of this chapter.

l.

Easements, if any.

m.

Dimensions and number of proposed lots.

(4)

A narrative describing the items indicated in section 38-62(4).

(Ord. No. 16, § 15.06, 3-4-1981)

The planning commission shall review the final site plan and either approve, deny, or approve with conditions, the final site plan based on the purposes, objectives, and requirements of this chapter and specifically the considerations listed in section 38-63.

(1)

Further, the planning commission is empowered to require a performance bond or certified check in an amount equal to the estimated cost of improvements (as defined in section 38-5) associated with the project. Such performance guarantee shall be deposited with the clerk of the township at the time of the issuance of the permit authorizing the activity or project to ensure faithful completion of the improvements indicated with the approved site plan; if not, the performance bond shall be forfeited. The township shall rebate a proportional share of cash deposits only when requested by the depositor, based on the percent of improvements completed, as attested to by the depositor and verified by the zoning inspector. In cases where the provisions of section 38-469(b) have not been met, the amount of the aforementioned performance guarantee shall be used by the township to return the property to a safe and healthy condition; and the balance, if any, shall be returned to the applicant.

(2)

Each development shall be under construction within one year after the date of final approval by the planning commission. If the applicant does not fulfill this provision, the commission may grant a 60-day extension provided the applicant presents reasonable evidence to the effect that the development has encountered unforeseen difficulties but is then ready to proceed. Should neither of the aforementioned provisions be fulfilled or a 60-day extension has expired without construction underway, the site master plan shall be null and void.

(3)

The planning commission shall undertake and complete all site plan reviews within 60 days of submission of all required information by the applicant. Upon approval of the plan, the chair of the planning commission shall sign three copies thereof. One signed copy shall be made a part of the commission's file and one shall be forwarded to the building inspector for issuance of a building permit. The third copy shall be returned to the applicant.

(Ord. No. 16, § 15.07, 3-4-1981)

Special uses are those uses of land which are not essentially incompatible with uses permitted in a zoning district, but possess characteristics or locational qualities which require individual review and discretion in order to avoid incompatibility with the character of surrounding area, public services and facilities, and adjacent uses of land. The purpose of this chapter is to establish equitable procedures and criteria which shall be applied in the determination of requests to establish special uses. The criteria for decision and requirements provided for under the provisions of the chapter shall be in addition to those required elsewhere in this chapter which are applicable to the special use under consideration.

(Ord. No. 16, § 17.01, 3-4-1981)

An application for permission to establish a special use shall be submitted and acted upon in accordance with the following procedures:

(1)

Application. Applications for a special use shall be submitted 30 days prior to the next scheduled planning commission meeting through the zoning inspector who will review the application for completeness, then transmit it to the planning commission. Each application shall be accompanied by the payment of a fee in accordance with the schedule of fees adopted by the township board to cover the costs of processing the application.

(2)

Required information. An application for a special use permit shall be accompanied by the following documents and information:

a.

A special use application form supplied by the zoning inspector which has been completed in full by the applicant.

b.

A site plan, as specified in division 2 of this article.

c.

A statement with regard to compliance with the criteria required for approval in section 38-91, and other criteria imposed by this chapter affecting the special use under consideration.

(3)

Public hearing. Upon receipt of an application for a special use, the planning commission shall call a public hearing for the purpose of receiving comments relative to the special use application. The public hearing shall be noticed in the manner required by law.

(4)

Review and approval. The planning commission shall review the application for a special use, comments received at the public hearing, the site plan and other materials submitted in relation to the application, and make a determination on the special use application in section 38-91, and such standards contained in this chapter which relate to the special uses under consideration. Upon the approval or approval with conditions by the planning commission, the applicant may apply for a building permit.

(Ord. No. 16, § 17.02, 3-4-1981; Ord. No. 105, § 27, 5-12-1999; Ord. No. 145, § 4, 2-14-2007)

Prior to approval of a special use application, the planning commission shall ensure that the standards specified in this section, as well as applicable standards established elsewhere in this chapter, shall be satisfied by the completion and operation of the special use under consideration.

(1)

General standards. The planning commission shall review the particular circumstances of the special use application under consideration in terms of the following standards, and shall approve a special use only upon a finding of compliance with each of the following standards, as well as applicable standards established elsewhere in this chapter:

a.

The special use shall be designed, constructed, operated and maintained in a manner harmonious with the character of adjacent property and the surrounding area.

b.

The special use shall not change the essential character of the surrounding area.

c.

The special use shall not be hazardous to adjacent property, or involve uses, activities, materials or equipment which will be detrimental to the health, safety or welfare of persons or property through the excessive production of traffic, noise, smoke, fumes or glare.

d.

The special use shall not place demands on public services and facilities in excess of current capacity.

(2)

Conditions. The planning commission may impose conditions with the approval of a special use which are necessary to ensure compliance with the standards for approval stated in this section and any other applicable standards contained in this chapter. Such conditions shall be considered an integral part of the special use application and shall be enforced by the zoning inspector.

(Ord. No. 16, § 17.03, 3-4-1981)

Uses of land and/or development projects granted special exception status by the township prior to the adoption of the ordinance upon which this zoning chapter is based may continue this status, provided the rules, regulations, requirements, and conditions of the special exception are met.

(Ord. No. 16, § 17.04, 3-4-1981)

There is hereby created under the Michigan zoning enabling act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.), a zoning board of appeals, referred to in this chapter as the "zoning board of appeals." The zoning board of appeals shall be constituted and appointed as provided in the Michigan zoning enabling act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(Ord. No. 16, § 20.01, 3-4-1981)

The zoning board of appeals shall have all powers and jurisdiction granted by the Michigan zoning enabling act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.), all powers and jurisdiction prescribed in other divisions of this article and the following specific powers and jurisdiction:

(1)

The jurisdiction and power to hear and decide appeals from and review any order, requirement, decision or determination made by the zoning inspector. The zoning board of appeals may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be done, and to that end it:

a.

Shall have all the powers of the zoning inspector; and

b.

May issue or direct the issuance of a permit.

(2)

The jurisdiction and power to act upon all questions as they may arise in the administration and enforcement of this chapter, including interpretation to the zoning map and text of the zoning chapter.

(3)

The jurisdiction and power to authorize, upon appeal, a variance or modification of this chapter where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this chapter so that the spirit of this chapter shall be observed, public safety secured and substantial justice done.

(Ord. No. 16, § 20.02, 3-4-1981)

The zoning board of appeals shall fix rules and regulations governing its procedures sitting as the zoning board of appeals. Such rules and regulations shall be made available to the public and shall be in conformance with the terms of this chapter and the Michigan zoning enabling act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(Ord. No. 16, § 20.03, 3-4-1981)

In granting a variance, the zoning board of appeals may impose and attach such conditions, restrictions and requirements as the board shall determine are necessary and/or appropriate. Such conditions, restrictions and requirements may impose greater or more restrictive conditions, restrictions and requirements than are included in this chapter. Violation of such conditions, restrictions and requirements shall be deemed a violation of this chapter. Such conditions, restrictions and requirements may include the provisions of financial security to guarantee performance.

(Ord. No. 16, § 20.04, 3-4-1981)

The township board shall appoint not more than two alternate members to serve the same term as regular members of the zoning board of appeals. The alternate members shall be appointed by resolution of the township board. The chairperson of the zoning board of appeals, or the acting chairperson, shall call an alternate member to serve as a regular member of the zoning board of appeals in the following situations:

(1)

An alternate member shall be called to serve as a regular member of the zoning board of appeals in the absence of a regular member if that regular member is absent from or will be unable to attend one or more meetings of the zoning board of appeals.

(2)

An alternate member shall be called to serve as a regular member of the zoning board of appeals for the purpose of reaching a decision on a case in which the regular member has abstained from participating for reasons of a conflict of interest.

An alternate member called to serve as a regular member shall have the same voting rights as a regular member of the zoning board of appeals. An alternate member called to serve on a zoning board of appeals case shall serve in that case until a final decision is made by the zoning board of appeals.

(Ord. No. 105, § 28(20.05), 5-12-1999; Ord. No. 145, § 5, 2-14-2007)

The zoning board of appeals may grant a dimension variance or a use variance from the provisions or requirements of this chapter, only if the zoning board of appeals finds from reasonable evidence that all of the applicable facts and conditions exist.

(1)

For a dimension variance, the zoning board of appeals must find that all of the following facts and conditions exist:

a.

There are exceptional or extraordinary circumstances or conditions applying to the property in question, as to its intended use, that do not apply generally to other properties or classes of uses in the same zone.

b.

The variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties or classes of uses in the same zone. The possibility of increased financial return shall not of itself be deemed sufficient to warrant the granting of a variance.

c.

The variance, if granted, will not be of substantial detriment to adjacent property and will not materially impair the intent and purpose of this chapter or the public interest.

d.

The condition or situation of the property or its intended use is not of so general or recurrent a nature as to make reasonably practicable a general regulation for the condition or situation.

e.

Any exceptional or extraordinary circumstances applying to the property in question are not self-created.

(2)

For a use variance, two-thirds of the members of the zoning board of appeals must find that all of the following facts and conditions exist:

a.

There are exceptional or extraordinary circumstances or conditions applying to the property in question, as to its intended use, that do not apply generally to other properties or classes of uses in the same zone.

b.

The variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties or classes of uses in the same zone. The possibility of increased financial return shall not of itself be deemed sufficient to warrant the granting of a variance.

c.

The variance, if granted, will not be of substantial detriment to adjacent property and will not materially impair the intent and purpose of this chapter or the public interest.

d.

The condition or situation of the property or its intended use is not of so general or recurrent a nature as to make reasonably practicable a general regulation for the condition or situation.

e.

Any exceptional or extraordinary circumstances applying to the property in question are not self-created.

f.

The property in question cannot be reasonably used as zoned and therefore a use variance is necessary.

(Ord. No. 145, § 6(20.06), 2-14-2007)

An application to the zoning board of appeals shall be submitted and acted upon in accordance with the following procedures:

(1)

Application. Applications to the zoning board of appeals shall be submitted 30 days prior to the next scheduled zoning board of appeals meeting through the zoning inspector who will review the application for completeness, then transmit it to the zoning board of appeals. Each application shall be accompanied by the payment of a fee in accordance with the schedule of fees adopted by the township board to cover the costs of processing the application.

(2)

Required information. An application to the zoning board of appeals shall be accompanied by the following documents and information:

a.

A zoning board of appeals application form supplied by the zoning inspector which has been completed in full by the applicant.

b.

A site plan, as specified in division 2 of this article.

c.

A statement concerning compliance with the standards for a variance, either a dimension variance or a use variance as the case may be, as set forth in section 38-118.

(3)

Public hearing. Upon receipt of an application to the zoning board of appeals, the zoning board of appeals shall call a public hearing for the purpose of receiving comments relative to the application. The public hearing shall be noticed in the manner required by law.

(4)

Review and approval. The zoning board of appeals shall review the application, comments received at the public hearing, the site plan and other materials submitted in relation to the application, and make a determination pursuant to the applicable factors in section 38-118.

(Ord. No. 145, § 7(20.07), 2-14-2007)

Amendments to this chapter will be directed to the planning commission for review and may be initiated by the township board by resolution, by the planning commission by motion, or by any interested person or persons by petition to the township clerk.

(Ord. No. 16, § 21.01, 3-4-1981)

All petitions for amendment to this chapter shall be in writing, signed, and filed in triplicate with the township clerk for presentation to the planning commission. Such petitions shall include the following:

(1)

The petitioner's name, address, and interest in the petition as well as the name, address, and interest of every person having a legal or equitable interest in any land which is to be rezoned;

(2)

The nature and effect of the proposed amendment;

(3)

If the proposed amendment would require a change in the zoning map, a fully dimensioned map showing the land which would be affected by the proposed amendment; a legal description of such land, the present zoning district of the land, the zoning district of all abutting lands, and all public and private right-of-way and easements bounding and intersecting the land to be rezoned;

(4)

The alleged error in the ordinance which would be corrected by the proposed amendment, with a detailed explanation of such alleged error and detailed reason why the proposed amendment will correct the same;

(5)

The changed or changing conditions in the area or in the township that make the proposed amendment, with a detailed explanation of such alleged error and detailed reason why the proposed amendment will correct the same;

(6)

All other circumstances, factors, and reasons which the petitioner offers in support of the proposed amendment.

(Ord. No. 16, § 21.02, 3-4-1981)

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

(Ord. No. 16, § 21.03, 3-4-1981)