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Manchester City Zoning Code

REZONING AND

ZONING ORDINANCE TEXT AMENDMENTS

§ 151.220 INITIATION OF REZONING AND ZONING ORDINANCE TEXT AMENDMENTS.

   Zoning amendment initiation. 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 Village Council 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 1 or more residents or property owners of the village.
(Ord. 253, passed 12-19-2005, § 13.1)

§ 151.221 REZONING AND ZONING ORDINANCE TEXT AMENDMENT APPLICATION PROCEDURE.

   (A)   Application information for amendments. An amendment to the official zoning map or this chapter, except those initiated by the Village Council or Planning Commission, shall be initiated by submission of a complete application on a form supplied by the village, including an application fee, which shall be established from time to time by resolution of the Village Council. The application shall explicitly describe the proposed amendment and shall be signed by the applicant.
   (B)   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.
      (1)   Information to indicate the dimensions, location and size of the subject property, such as 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.
      (2)   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.
      (3)   The existing and proposed zoning district designation of the subject property.
      (4)   A written description of how the requested rezoning meets § 151.223, Criteria for Amendment of the Official Zoning Map (Rezoning).
      (5)   At the Planning Commission's discretion, the following additional information may be required.
         (a)   A site analysis site plan illustrating existing conditions on the site and adjacent properties; such as 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.
         (b)   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.
         (c)   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 uses in the current and requested zoning district. The determination of representative uses shall be made by the Planning Commission, with input from village staff and consultants.
         (d)   The site to be staked to clearly indicate the location of the requested amendment. Flagged stakes shall be placed at each parcel corner.
(Ord. 253, passed 12-19-2005, § 13.02)

§ 151.222 REZONING AND ZONING ORDINANCE AMENDMENT PROCESS.

   (A)   Public hearing. Upon initiation of a rezoning, Zoning Ordinance text amendment or Master Plan amendment, a public hearing on the proposed amendment shall be scheduled before the Planning Commission. Notice of the hearing shall be given by 1 publication in a newspaper of general circulation in the village, not less than 15 days before the date of the hearing, and in accordance with the provisions of the City and Village Zoning Act, as amended.
   (B)   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 Village Council. In the case of an amendment to the official zoning map (rezoning), the Planning Commission shall consider the criteria contained in § 151.223 in making its finding and recommendation.
   (C)   Village Council review and action. Following receipt of the findings and recommendation of the Planning Commission, the Village Council shall consider the proposed ordinance map or text amendment. In the case of an amendment to the text of this Zoning Ordinance, the Village Council 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 Village Council shall approve or deny the amendment, which may be based on consideration of the criteria contained in § 151.223.
   (D)   Notice of adoption. Following adoption of a zoning text or map amendment by the Village Council, a notice will be published in accordance with the City and Village Zoning Act, as amended.
   (E)   Resubmittal. No petition for rezoning or Zoning Ordinance text amendment that has been denied by the Village Council shall be resubmitted for a period of 1 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.
(Ord. 253, passed 12-19-2005, § 13.03)

§ 151.223 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 Village Council shall consider the following criteria in making its findings, recommendations and decision.
   (A)   Consistency with the goals, policies and Future Land Use Map of the Master Plan, including all applicable sub-area and corridor studies. If conditions have changed since the Master Plan was adopted, the consistency with recent development trends in the area.
   (B)   Compatibility of the site's physical, geological, hydrological and other environmental features, with the potential uses allowed in the proposed zoning district.
   (C)   Evidence the applicant cannot receive a reasonable return on investment through developing the property with 1 of the uses permitted under the current zoning.
   (D)   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.
   (E)   The capacity of village infrastructure and services sufficient to accommodate the uses permitted in the requested district without compromising the “health, safety and welfare” of the village;
   (F)   The apparent demand for the types of uses permitted in the requested zoning district in the village in relation to the amount of land in the village currently zoned to accommodate the demand.
   (G)   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.
(Ord. 253, passed 12-19-2005, § 13.04)

§ 151.224 CRITERIA FOR AMENDMENT OF THE OFFICIAL ZONING ORDINANCE TEXT.

   The Planning Commission and Village Council shall, at minimum, consider the following before taking action on any proposed amendment.
   (A)   Compatibility with the basic intent and purpose of the Zoning Ordinance.
   (B)   Consistency with the goals and objectives and future land use map of the Master Plan, including any sub-area or corridor studies.
   (C)   The requested amendment will correct an error in current appropriate documentation.
   (D)   The requested amendment will resolve an inequitable situation created by the Zoning Ordinance and does not grant special privileges.
   (E)   The requested amendment will not result in unlawful exclusionary zoning.
   (F)   There is documentation from village staff or the Zoning Board of Appeals indicating problems and conflicts in implementation or interpretation of specific sections of the ordinance.
   (G)   The requested amendment will address changes in state legislation, other village ordinances, or federal regulations.
   (H)   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.
(Ord. 253, passed 12-19-2005, § 13.05)

§ 151.225 CONDITIONAL REZONING OF LAND.

   As an alternative to a rezoning amendment as described in § 151.220, the village 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 state law. It is recognized that, in certain instances, it would be an advantage to both the village and petitioners seeking rezoning of land, if a site plan, along with conditions and limitations that may be relied upon by the village, could be proposed as part of a petition for rezoning. Conditional rezoning of land must follow the standards and procedures as noted below.
   (A)   The amendment procedure for a conditional rezoning shall follow the same procedure as a traditional rezoning amendment pursuant to § 151.221.
   (B)   In addition to the procedures as noted in § 151.221, the following specific procedures, standards, and requirements apply to all proposed conditional rezoning requests.
      (1)   A conditional rezoning request must be voluntarily offered by an owner of land within the village. All offers must be made in writing, and must provide the specific conditions to be considered by the village as a part of the rezoning request. All offers shall be in the form of a written agreement, approvable by the village 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.
      (2)   Conditional rezoning shall not allow a use or activity that would not otherwise be allowed in the proposed zoning district.
      (3)   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, and the like. Conditional rezonings shall not grant zoning variances of any kind. Any zoning variance must follow the provisions of § 151.208.
      (4)   Conditional rezoning shall not grant conditional land use approval. The process for review and approval of conditional land uses must follow the provisions of § 151.022.
      (5)   All conditions offered by a land owner 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.
      (6)   In addition to the informational requirements provided for in § 151.221, the applicant must provide a conditional rezoning site plan prepared by a licensed professional allowed to prepare such plans under this section, which 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 village. A conditional rezoning site plan shall not replace the requirement under this section for site plan review and approval, or subdivision or site condominium approval, as the case may be.
   (C)   Time limits and reversion of land to previous district.
      (1)   If the proposed conditions of rezoning are acceptable to the village, the village 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 §§ 151.220 et seq.
      (2)   Unless a reversion of the zoning takes place as described in the division (C)(1) above, the approved conditional rezoning shall be binding upon the subject property owner, their heirs, successors, assigns, and transferees.
      (3)   Upon approval of a conditional rezoning, a copy of the written agreement between the property owner and village shall be filed with the Washtenaw 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 village.
      (4)   The village may not add to or alter any conditions approved as a part of a rezoning during the time period specified above.
      (5)   The time limits specified and approved by the village may be extended upon the application of the landowner and approval of the village.
   (D)   Review procedures. The factors found in § 151.223 section must be considered in any conditional rezoning request.
   (E)   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 Village Council and published, without necessity of a public hearing.
(Ord. 254, passed 2-20-2006, § 13.6)

§ 151.999 PENALTY.

   Uses of land, buildings, or structures, including tents and mobile homes, erected, altered, razed, or converted in violation of this chapter are hereby declared to be nuisances per se. The court shall order the nuisance abated and the owner and/or agent in charge of the dwelling, building, structure, tent, mobile home, or land shall be adjudged guilty of maintaining a nuisance per se. Anyone violating any of the provisions of this chapter shall upon conviction thereof be subject to a fine of not more than as per Council resolution and the costs of prosecution thereof, by imprisonment in the County Jail for a period not to exceed 30 days, or both. Each day that a violation is permitted to exist from the time of formal citation by the village shall constitute a separate offense. The imposition of any sentence shall not exempt the offender from compliance with the requirements of this chapter.
(Ord. 239, passed 3-5-2001, § 3.9)

APPENDIX A: ZONING TERMS

APPENDIX B: SCHEDULE OF AREA, HEIGHT, WIDTH, AND SETBACK REGULATIONS

Zoning District
Minimum Lot Size
Maximum Building Height Space
Minimum Yard Setback
Maximum Lot Coverage
Zoning District
Minimum Lot Size
Maximum Building Height Space
Minimum Yard Setback
Maximum Lot Coverage
Area (square feet)
Lot width (feet)
Stories
Feet
Front (feet)
Side
Rear (feet)
Least (feet)
Total (feet)
Agriculture, AG
(see A, E, F, and H below)
1 acre
150
2 1/2
35 (75 farm buildings)
50
20
25
50
10%
Single-Family Residential, Low Density, R-1A
(see A, E, F, and H below)
1 acre
100
2 1/2
35
25
10
25
35
25%
Single-Family Residential, Medium Density, R-1B
(see A, E, F, and H below)
13,000
90
2 1/2
35
25
8
23
35
30%
Multiple-Family Residential, Low Density, R-2
(see A, B, D, E, and H below)
SF: 13,000
90
2 1/2
35
25
8
20
35
30%
2F: 20,000
120
2 1/2
35
25
8
20
35
MF: 20,000
120
2 1/2
35
35
10
25
35
Multiple-Family Residential, Medium Density, R-3
(see A, C, D, E, F, and G below)
SF: 13,000
90
2 1/2
35
25
8
20
35
35%
2F: 20,000
120
2 1/2
35
25
8
20
35
MF: 5 acres
300
2 1/2
35
50
20
50
50
Mobile Home Park, MHP
(see A and E below)
10 acres
2 1/2
35
Office Service, OS
(see A and E below)
5,000
50
21/2
35
25
10
20
15
30%
General Commercial, C-2
(see A and E below)
20,000
100
2 1/2
35
35
10
20
35
25%
Central Business District, CBD
(see A, E, and G below)
-
-
3
45
-
-
-
-
-
Limited Industrial, I-1
(see A and E below)
1 acre
150
2
40
50
50
100
35
30%
General Industrial, I-2
(see A and E below)
3 acres
200
2
40
85
50
100
50
25%
NOTES TO TABLE:
 
SF: - Single-Family Dwellings
2F: - 2-Family Dwellings
MF: - Multiple-Family Dwellings
A - All dwelling units and occupied buildings shall be served with a public water supply system and a public sanitary sewer system.
B - Every lot or parcel of land occupied by a low density multiple-family structure shall contain a minimum of 20,000 square feet and a total area of not less than the following:
   Unit Type                              Lot Area/Dwelling Unit
   Efficiency 4,800 square feet
   1 bedroom 6,000 square feet
   2 bedrooms 6,700 square feet
   Every additional bedroom 1,300 square feet
C - Every lot or parcel of land occupied by a medium density multiple-family dwelling structure shall contain a minimum area of 5 acres and a total area of not less than the following:
   Unit Type                             Lot Area/Dwelling Unit
   Efficiency 1,900 square feet
   1 bedroom 2,300 square feet
   2 bedrooms 3,000 square feet
   Every additional bedroom 700 square feet
D - In addition to the required setbacks from property boundaries, the following minimum distances shall be required between each multiple family structure:
   (a)   Where buildings are front to front or front to rear, 3 times the height of the taller building, and not less than 70 feet;
   (b)   Where buildings are side to side, 1.5 times the height of the taller building, but not less than 20 feet; and
   (c)   Where buildings are front to side, rear to side, or rear to rear, 2 times the height of the taller building but not less than 35 feet.
In applying the above standards, the front of the building shall mean that the face of the building having greatest length and contains the primary entrance to the building; the rear is that face opposite the front. The side is the face having the smallest dimension.
E - The minimum distance of any principal building from the ordinary high water mark shall be 50 feet.
F - Driveways to single-family dwellings shall be located in the greater side yard setback.
G - Any structure located within the CBD which abuts a dwelling located within the AG, R-1A, or R-1B District shall have a minimum setback from the common property line of 10 feet.
H - The minimum floor area of dwelling units shall be as follows:
   Type of Dwelling                    Total Usable Floor Area (square feet)
   1-family 1,000
   2-family, per dwelling unit 800
   Multiple-family:
    Efficiency Unit 500
    1 bedroom unit 700
    2 bedroom units 900
    3 bedroom units 1,100
    4 bedroom units 1,300
    Each additional bedroom 90
 
(Ord. 239, passed 3-5-2001, § 4.5)