Meridian Charter Township
City Zoning Code
City Zoning Code
ARTICLE II
Administration and Enforcement
[1]
State law reference: Variances, MCL 125.290 et seq.
§ 86-36 Enforcement responsibility.
[Code 1974, § 81-5.3(A)]
Enforcement of this chapter shall be the responsibility of the Township Supervisor, or the Township Manager, if one is appointed, who may delegate such responsibility to appropriate Township employees or officers. Such officers shall have the authority to enforce this chapter in accordance with requirements and procedures set forth in this article.
§ 86-37 Civil infraction citation or notices.
[Code 1974, § 81-5.3(B)]
The Township Manager, building inspectors, code enforcement officers, police officers, Fire Marshal, and Township fire inspectors are hereby designated as the authorized Township officials to issue municipal civil infraction citations directing alleged violators to appear in court or municipal civil infraction violation notices directing alleged violators to appear at the Township municipal ordinance violations bureau as provided by this Code.
§ 86-61 Township Board.
[Code 1974, § 81-2.1]
Under this chapter, the Township Board, as the elected governing body of the Township, shall have the following powers and duties:
Zoning text amendments. To initiate, hear, and decide the adoption of an ordinance to amend the text of this chapter, in accordance with procedures set forth in this division.
Zoning Map amendments. To initiate, hear, and decide the adoption of an ordinance to amend the official Township Zoning Map, in accordance with procedures set forth in this division.
Appeals of Planning Commission actions. To hear and decide appeals of any order, requirement, decision, or determination made by the Planning Commission with respect to this chapter, in accordance with procedures set forth in this division.
Special use permits. To hear and decide, upon application, requests for major amendments to special use permits approved by the Township Board, in accordance with procedures set forth in this division.
Fees. To establish fees and charges as authorized by this chapter.
Legal authority. To exercise all rights, power, and authority concerning land use, zoning, and property development vested in the Township by law which is not expressly delegated to another entity or individual by statute, ordinance, or other legal delegation of the Township Board.
Cross reference: Boards and commissions, § 2-171 et seq. |
§ 86-62 Zoning Board of Appeals.
[Code 1974, § 81-2.2; Ord. No. 2007-12, 10-28-2007]
Establishment of board. In order that the objectives of this chapter may be more fully and equitably achieved, that a means for competent interpretation of this chapter be provided, that health, safety, and welfare of the public be secured, and that justice be done, there is hereby established a Zoning Board of Appeals.
Powers and duties. The Zoning Board of Appeals shall have the following powers and duties:
Appeals. To hear and decide appeals, upon application, of any order, requirement, decision, or determination of any Township administrative officer or official charged with interpreting or enforcing the provisions of this chapter, in accordance with procedures set forth in this division, including decisions made by the Director of Community Planning and Development with respect to site plans.
Interpretations. To review, hear, and interpret any provision of this chapter consistent with the general intent and purposes of this chapter, in accordance with procedures set forth in this division.
Variances. To hear and decide, upon application, requests for variances from the provisions of this chapter, in accordance with procedures set forth in this division.
Other. To review, hear, and decide all matters referred to it or upon which it is required to pass under this chapter.
Membership, terms of office.
The Zoning Board of Appeals shall consist of five regular members and two alternate members appointed by the Township Board.
The first regular member of the Zoning Board of Appeals shall be a member of the Planning Commission, who shall be recommended by the commission.
The second regular member of the Zoning Board of Appeals shall be a member of the Township Board.
The remaining three regular members of the Zoning Board of Appeals and the two alternate members shall be selected from the electors of the Township. The members selected shall be representative of the population distribution and of the various interests present in the Township. All such members must reside outside of incorporated cities and villages.
An elected official of the Township shall not serve as chair or vice-chair of the Zoning Board of Appeals.
An employee or contractor of the Township Board may not serve as a regular or alternate member of the Zoning Board of Appeals.
A member shall disqualify himself from participating in a vote in which the member has a conflict of interest, as defined in the Zoning Board of Appeals' rules of procedure. The member's failure to disqualify himself from participating shall constitute malfeasance in office.
The Township Board may remove a member of the Zoning Board of Appeals for misfeasance, malfeasance or nonfeasance in office upon written charges and after public hearing.
An alternate member shall be called to serve in place of a regular member as follows:
When a regular member is absent from or will be unable to attend a Zoning Board of Appeals meeting.
When a regular member will be abstaining from participating in consideration of a case in which the regular member has a conflict of interest.
When called to serve, an alternate member has the same voting rights as a regular member and shall participate in the hearing of a case until a final decision is made.
The terms of office for members appointed to the Zoning Board of Appeals shall be for three years, except for members serving because of their membership on the Planning Commission or Township Board, whose terms shall be limited to the time they are members of those bodies. A successor shall be appointed not more than one month after the term of the preceding member has expired. All vacancies for unexpired terms shall be filled for the remainder of the term.
Organization and procedures.
Rules of procedure. The Zoning Board of Appeals shall adopt its own rules of procedure as may be necessary to conduct its meetings properly.
Majority vote. The concurring vote of three members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination of any Township officer or official charged with interpreting or enforcing the provisions of this chapter, to decide in favor of the applicant in any matter upon which they are required to pass under this chapter, or to effect any variation in this chapter.
Meetings. Meetings shall be open to the public and shall be held at the call of the chairperson and at such other times as the Zoning Board of Appeals shall specify in its rules of procedure. The Zoning Board of Appeals shall not conduct business unless a majority of the regular members of the Zoning Board of Appeals are present.
Records. Minutes shall be recorded of all proceedings which shall contain evidence and data relevant to every case considered together with votes of the members and the final disposition of each case. Such minutes shall be filed in the office of the Township Clerk and shall be a public record.
Secretary and counsel. The Township Clerk shall act as the secretary of the Zoning Board of Appeals and all records of the board's action shall be taken and recorded under the clerk's direction. The Township Attorney may act as legal counsel for the Zoning Board of Appeals, unless the Township Board otherwise provides.
Hearings. After proper notice, the Zoning Board of Appeals shall hold a hearing on each request or appeal filed properly with the secretary. The board may recess such hearings from time to time. The applicant may appear in person or by agent or attorney. The chairperson, or acting chairperson in substitution of, may administer oaths and compel the attendance of witnesses.
Decisions. The Zoning Board of Appeals shall return a decision upon each case within a reasonable time after a request or appeal has been filed with the board. Any decision of the board shall be final when made.
Cross reference: Boards and commissions, § 2-171 et seq. State law reference: Zoning board of appeals, MCL 125.288 et seq. |
§ 86-63 Planning Commission.
[Code 1974, § 81-2.3]
The Planning Commission, as established by § 2-286, shall have the following powers and duties under this chapter. For a complete list of the Planning Commission's powers and duties refer to § 2-289:
Special use permits. To hear and decide, upon application, requests for special use permits and major amendments to special use permits as defined in § 86-129(b), in accordance with procedures set forth in this division.
Zoning text amendments. To initiate, hear, and make recommendations to the Township Board on amendments to the text of this chapter, in accordance with procedures set forth in this division.
Zoning Map amendments. To initiate, hear, and make recommendations to the Township Board on amendments to the official Township Zoning Map, in accordance with procedures set forth in this division.
Status reports. Periodically reports to the Township Board on the status of the Township's zoning and planning administration.
§ 86-64 Director of Community Planning and Development.
[Code 1974, § 81-2.4]
The Director of Community Planning and Development shall have the following powers and duties under this chapter:
Interpretations. To interpret the provisions within this chapter concerning the intent, purposes, and enforcement subject to appeal to the Zoning Board of Appeals, including all amendments and interpretations.
Permits. Upon application, review, and approve or deny requests for building permits, grading permits, and temporary use permits, in accordance with procedures set forth in this division.
Special use permits. To hear and decide, upon application, requests for minor amendments to special use permits as defined in § 86-129(c), in accordance with procedures set forth in this division.
Site plan review. Review and approve, approve with conditions, or deny site plans, in accordance with procedures set forth in this division.
Development compliance. Inspect all development projects for compliance with this chapter and issue or deny issuance of certificates of occupancy.
Enforcement. Investigate alleged violations of this chapter and take appropriate action as set forth in this division.
Notification of actions. Notify applicants of actions taken by the Township Board, Zoning Board of Appeals, and the Planning Commission under this chapter.
Record maintenance. Maintain permanent records of all permits and certificates issued or denied and all actions taken by the Planning Commission, and the director.
Zoning Map. Maintain the official Township Zoning Map for the Township Clerk.
Administration. Receive all applications for amendments, site plans, variances, special use permits; conduct field inspections, surveys, and investigations; prepare maps, charts, and other pictorial materials when necessary or desirable; and otherwise process applications and provide administrative assistance to the Planning Commission, the Zoning Board of Appeals, the Township Board, and committees of such entities; report to the applicable board, commission, or committee; and provide requested recommendations.
Amendments. Propose and recommend the enactment of amendments of this chapter for the purpose of improving the administration or enforcement of this chapter.
Planning Commission. Assist and advise the Planning Commission and be responsible for carrying out the directives of the Planning Commission.
Township Board. Assist and advise the Township Board and be responsible for carrying out the directives of the Township Board.
§ 86-65 Notice.
[Ord. No. 2007-12, 10-28-2007]
Purpose. The purpose of this section is to provide the notice requirements for Zoning Map amendments, special use permits, variances, site specific appeals of a decision made by the Director of Community Planning and Development, site specific interpretations of the Code of Ordinances, appeals of decisions made by the Planning Commission, planned unit developments, mixed use planned unit developments, and any other request that requires a public hearing per the Michigan Zoning Enabling Act PA 110 of 2006 (MCL § 125.3101 et seq.). The notice provisions are not intended to include non-site specific appeals of a decision made by the Director of Community Planning and Development, non-site specific interpretations of the Code of Ordinances, a change to the text of the zoning ordinance, or site plan review.
Notice of public hearing. Notification of the public hearing shall be given as follows:
A notice of public hearing shall be published in at least one newspaper of general circulation in the Township not less than 15 days prior to the date of the hearing.
A notice of public hearing shall be delivered personally or by mail to the parties making the request, owner(s) of the property if different than applicant, and to all persons to whom real property is assessed located within 300 feet of the boundary of the property in question at the address listed on the most recent assessment roll, and to the occupants of all structures within 300 feet of the boundary of the property in question. If the name of the occupant is not known, the term "occupant" may be used.
Notification shall be given not less than 15 days before the date of the hearing. The notice shall contain all of the following information:
Indicate the date, time, and place of the hearing.
Describe the nature of the request.
Indicate the property which is the subject of request, including any existing street addresses for the site.
State when and where the request may be examined.
Indicate when and where written comments will be received concerning the request.
When the Planning Commission is scheduled to hold a public hearing pursuant to Subsection 86-94(1) or (2), notice of the date, time, and place of the public hearing shall also be given by mail to each electric, gas and pipeline public utility company, each telecommunication service provider, each railroad operating within the district or zone affected, and the airport manager of each airport, that registers its name and mailing address with the Township Clerk for the purpose of receiving the notice of public hearing.
The applicant, where required, shall post a notice of the public hearing on the subject site at least 15 days prior to the hearing on a form provided by the Township. This subsection shall not apply to variances, appeals of a decision made by the Director of Community Planning and Development, interpretations, planned unit developments, and mixed use planned unit developments.
§ 86-91 Purpose.
[Code 1974, § 81-3.1(A)]
The Township finds that it may be necessary to amend the text of this chapter or the boundaries of the official Township Zoning Map from time to time. The Township Board may, following receipt of a recommendation from the Planning Commission, adopt, modify, or deny an ordinance which amends, supplements, or repeals the text of this chapter or the boundaries of the official Township Zoning Map in accordance with the following procedures.
§ 86-92 Text amendments.
[Code 1974, § 81-3.1(B); Ord. No. 2007-12, 10-28-2007]
Amendments or supplements to the text of this chapter may only be initiated by the Township Board or the Planning Commission. A resident or property owner of the Township may propose that an amendment or supplement to this chapter be initiated by either the Planning Commission or Township Board. The hearing and notice requirements set forth in Subsection 86-94(2) shall apply.
§ 86-93 Zoning Map amendments.
[Code 1974, § 81-3.1(C); Ord. No. 2003-07, 5-20-2003; Ord. No. 2007-12, 10-28-2007]
Amendment to the official Township Zoning Map (rezonings) may only be initiated in the following manner. The hearing and notice requirements set forth in § 86-94 shall apply:
The Township Board or the Planning Commission may initiate an amendment to the official Township Zoning Map.
A property owner may initiate an amendment to the official Township Zoning Map by application. The application shall be considered complete when all of the following information has been received by the Director of Community Planning and Development:
A completed rezoning application form, which forms shall be available in the Department of Community Planning and Development.
A nonrefundable fee in the amount established in the schedule of fees as adopted by the Township Board.
A legal description of the subject property.
Evidence of fee and/or other ownership of the subject property.
A written statement with supporting evidence attached which demonstrates (1) any alleged error in the boundaries of the Zoning Map or (2) changing conditions which are alleged to warrant an amendment to the Zoning Map or (3) the reasons for the requested amendment to the Zoning Map if neither (1) or (2) apply.
A rezoning traffic study prepared by a qualified traffic engineer, based in whole or in part, on the most current edition of the handbook titled Evaluating Traffic Impact Studies: A Recommended Practice for Michigan Communities, published by the state department of transportation, for all of the following:
Rezonings when the proposed district would permit uses that could generate more than 100 additional directional trips during the peak hour than the principal uses permitted under the current zoning.
Rezonings of land having direct access to a principal or minor arterial street, unless the uses in the proposed zoning district would generate fewer peak hour trips than uses in the existing zoning district.
A threshold table converting peak hour directional trips to specific land uses shall be available from the Department of Community Planning and Development. The threshold conversions shall be based on the current Trip Generation Manual, published by the Institute of Transportation Engineers (ITE), and updated as needed.
Information pertaining to the contents of the rezoning traffic study shall be available in the Department of Community Planning and Development.
Other information specified by the Director of Community Planning and Development which is deemed necessary to evaluate the application.
An owner of land may voluntarily offer in writing, and the Township may approve, certain use and development of the land as a condition to a rezoning of the land or an amendment to a Zoning Map.
In approving the conditions the Township may establish a time period during which the conditions apply to the land. Except for an extension, if the conditions are not satisfied within the time specified, the land shall revert to its former zoning classification.
The local government shall not add to or alter the conditions during the specified time period.
The specified time period may be extended upon the application of the landowner and approval of the Township.
The Township shall not require a landowner to offer conditions as a requirement for rezoning. The lack of an offer shall not otherwise affect a landowner's rights.
No application for a rezoning which has been denied wholly or in part by the Township Board shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed circumstances found by the Director of Community Planning and Development, to be sufficient to justify consideration.
§ 86-94 Review process.
[Code 1974, § 81-3.1(D); Ord. No. 2007-12, 10-28-2007]
Upon initiation of a zoning ordinance amendment or a determination that the application for a Zoning Map amendment is complete, the Director of Community Planning and Development shall initiate the review process below:
Notice of hearing on a proposed change to the official Township Zoning Map. A notice shall comply with the provisions outlined in Subsection 86-65(b) of the Code of Ordinances. The applicant shall post a notice of the public hearing on the subject site per the requirements of Subsection 86-65(b)(5).
Notice of hearing on the proposed change to the zoning ordinance. A notice shall be published in at least one newspaper of general circulation in the Township not less than 15 days prior to the date of the hearing. The notice shall include the date, time, place, subject of the hearing, and the place and time the proposed amendment may be examined.
Conduct of public hearing. The Planning Commission shall hold a public hearing on the proposed text or map amendment.
Any person may speak at the public hearing or submit evidence, either individually or as a representative of a person or an organization.
The Planning Commission may continue the public hearing to a fixed time, date, and place by so announcing on the record at the hearing. Additional notices of a continuation of the public hearing shall not be required unless the hearing is adjourned for more than 36 hours. If the hearing has been adjourned for over 36 hours, notice shall be provided in the same manner as the original hearing.
Planning Commission action. The Planning Commission's recommendation on the map or text amendment shall be transmitted to the Township Board along with the approved minutes of the public hearing and the compiled record.
Township Board action.
Following review of the Planning Commission's recommendation and record, the Township Board may adopt the proposed amendment in accordance with subsection (6) of this section.
Prior to making a decision on a proposed text or map amendment, the Township Board may take one or more of the following actions:
Hold a public hearing. If the Township Board decides to hold a public hearing, notice of the public hearing shall be given in the same manner as outlined in Subsection 86-65(b).
The Township Board may refer the proposed text or map amendment to the Planning Commission for consideration and comment within a time specified by the Township Board.
The Township Board shall grant a hearing on the proposed text or map amendment to a property owner who by certified mail addressed to the Township Clerk requests a hearing. A representative of the Planning Commission shall be requested to attend the hearing held by the Township Board. Notice of the public hearing shall be given in the same manner as outlined in Subsection 86-65(b).
After reviewing the comments from the Planning Commission, and after a public hearing allowed under this section, the Township Board shall consider and vote upon the adoption of the text or map amendment with or without changes.
The Township Board shall approve the proposed text or map amendment by a majority vote of its members.
Adoption of ordinance amendment. Zoning ordinance text and map amendments. A proposed map or text amendment shall not be adopted by the Township Board at the same meeting at which it is introduced. The following procedures shall be followed prior to the adoption of an amendment to this chapter:
Publication of ordinance as introduced. The Township Clerk shall cause the proposed amendment to be published in a newspaper of general circulation within the Township prior to the meeting at which the proposed amendment is to be considered for final adoption. The publication shall include the text of the proposed amendment in the form in which it is introduced.
Publication of adopted amendment. Following final adoption of the amendment by the Township Board, the Township Clerk shall cause the amendment to be published in a newspaper of general circulation within the Township within 15 days after adoption. The publication shall include:
Effective date of amendment. The effective date of the amendment shall be seven days from the date of publication of the adopted amendment or upon such later date as may be required under § 402 of the Michigan Zoning Enabling Act (MCL § 125.3402) if a notice of intent to file a petition of a referendum was received by the Township.
State law reference: Required hearings and notice thereof, MCL 125.279 et seq. |
§ 86-95 Effect of Zoning Map amendments.
[Code 1974, § 81-3.1(E)]
No changes shall be made to the official Township Zoning Map except by formal adoption by the Township Board in conformity with this chapter. The Township Clerk shall cause ordinance changes pursuant to amendment to be entered on the official Township Zoning Map.
§ 86-96 Official Township Zoning Map.
[Code 1974, § 81-3.1(F)]
The official Township Zoning Map shall be located at the Township municipal building and shall constitute the final authority with regard to the zoning of all land in the Township.
§ 86-121 Purpose.
[Code 1974, § 81-3.2(A)]
The Township finds that certain uses are generally compatible in designated zoning districts, but their nature, design, or location may have negative effects on adjacent land uses as well as the health, safety, and general welfare of the community. These uses may be allowed in designated zoning districts as special uses subject to the requirements and conditions set forth in this chapter and approved in accordance with the procedures set forth in this division.
§ 86-122 Applicability.
[Code 1974, § 81-3.2(B)]
Only the uses authorized as special uses in Article IV of this chapter or as otherwise authorized in Article VI of this chapter may be issued a special use permit. Uses not expressly authorized are prohibited. The designation of a use as a special use does not constitute an assurance that a special use permit will be issued by the Planning Commission. Special uses, because of their nature, require special restrictions and some measure of attention in order to determine whether or not such uses will be compatible with uses permitted by right in the zoning district and with this chapter. Special uses are, therefore, prohibited uses unless permitted by the Township as provided in this chapter. Each request for a special use permit shall be evaluated by the Planning Commission for compliance with the criteria set forth in this division and the applicable standards specified for such special use in the zoning district where the use is to be located.
§ 86-123 Preliminary discussions.
[Code 1974, § 81-3.2(C)]
The applicant may meet with the Director of Community Planning and Development to discuss the requirements for a special use permit. In addition to the preliminary discussions, the applicant may submit a conceptual plan for review by the Director of Community Planning and Development in order that preliminary technical deficiencies may be addressed prior to submittal of an application for a special use permit. This procedure is intended to be informational only and shall not limit the substance of the review process.
§ 86-124 Application requirements.
[Code 1974, § 81-3.2(D)]
The application shall be submitted to the Director of Community Planning and Development to be submitted to the Planning Commission and shall include the provisions specified in this section. Only complete applications shall be processed.
A completed special use permit application form, available in the Department of Community Planning and Development, shall contain the following information, if applicable:
The type of special use requested.
The address and/or parcel number of the property.
The applicant's name, address, and phone number.
The name, address, and phone number of all persons with an ownership interest, if different from the applicant.
Name and address of the developer, if different from the applicant.
Name and address of the engineer, architect, landscape architect, land planner and/or land surveyor aiding in preparation of the site plan.
Project title.
The gross and net acreage of all parcels in the project.
Proposed project and development phases.
Total number of existing and proposed structures, units, bedrooms, or offices.
Square footage and usable floor area of existing and proposed buildings.
Number of existing and proposed parking spaces, carports, or garages.
Approximate number of employees by shift.
Amount and type of existing and proposed recreation and open space.
In addition, the following is required:
A nonrefundable fee in the amount established in the schedule of fees adopted by the Township Board.
A legal description of the subject property.
Evidence of fee and/or other ownership of the property for which the special use permit is being requested.
A site plan, drawn to a legible scale, containing the following information where applicable:
Boundaries of the subject property.
Total area of the subject property.
Location of all existing and proposed structures.
Approximate location and distance of all structures within 100 feet of the subject property.
Uses of existing and proposed buildings, on the subject site.
Proposed means of vehicular and pedestrian ingress and egress to the subject property.
Public and private roads and streets, rights-of-way, and easements, indicating names and widths, which abut or cross the site.
Existing and proposed parking spaces, and vehicular and pedestrian circulation patterns.
The buildable area of the subject property indicating all required setbacks, yards and open space.
Zoning classification of the subject and adjacent properties.
Existing and proposed fencing, screening, landscaping, and buffers.
Location and sizes of existing utilities including power lines and towers, both above and below the ground.
Amount and location of all impervious surfaces.
The verified boundaries of all natural water features and required setback lines.
Elevations illustrating all sides of the proposed structures and project entrance features as they will appear upon completion, accompanied by samples of or a display board of the various exterior materials and colors proposed to be used for the project.
A traffic assessment or a traffic impact study may be required as specified in Section 86-130.
[Amended 8-4-2022 by Ord. No. 2022-08]
Natural features assessment. A written description of the anticipated impacts on the natural features at each phase and at project completion in accordance with the following provisions:
The natural features assessment shall, at a minimum, contain the following information:
An inventory of natural features proposed to be retained, removed, or modified. Natural features shall include, but are not limited to, wetlands, significant stands of trees or individual trees greater than 12 inches dbh, floodways, floodplains, waterbodies, identified groundwater vulnerable areas, slopes greater than 20%, ravines, and vegetative cover types with potential to sustain significant or endangered wildlife.
Description of the impacts on natural features.
Description of any proposed efforts to mitigate any negative impacts.
The requirement for preparing a natural features assessment may be waived by the Director of Community Planning and Development in the following instances:
The Director of Community Planning and Development determines that no natural features will be significantly impacted by the proposed project including impacts to adjacent properties.
A similar environmental study was previously prepared for the subject site and the Director of Community Planning and Development has determined that no substantive change in conditions has occurred.
Other information specified by the Director of Community Planning and Development which is reasonably deemed necessary to evaluate the application.
§ 86-125 Review process.
[Code 1974, § 81-3.2(E); Ord. No. 2007-12, 10-28-2007]
Upon determination that the application is complete, the Director of Community Planning and Development shall initiate the following review processes:
Notice of public hearing. A notice shall comply with the provisions outlined in Subsection 86-65(b) of the Code of Ordinances. The applicant shall post a notice of the public hearing on the subject site per the requirements of Subsection 86-65(b)(5).
Conduct of public hearing. The Planning Commission shall hold a public hearing on the request for a special use permit.
Any person may appear at the public hearing and submit comments, either individually or as a representative of a person or an organization.
The Planning Commission may continue the public hearing to a fixed time, date, and place. Additional notices of continued public hearings shall not be required unless the hearing is adjourned for more than 36 hours. If the hearing has been adjourned for over 36 hours, notice shall be provided in the same manner as the original hearing.
Additional information. The Planning Commission may request that additional information be submitted by the applicant to evaluate the special use permit application.
Decision. The Planning Commission may deny, approve, or approve with conditions an application for a special use permit. The decision shall be incorporated in a statement containing the conclusions relative to the special use under consideration which specifies the basis for the decision, and any conditions imposed.
Notice of decision. The Director of Community Planning and Development shall notify the applicant in writing of the Planning Commission's decision and the reasons therefor.
§ 86-126 Review criteria.
[Code 1974, § 81-3.2(F)]
Applications for special use permits shall be reviewed for compliance with the following standards and requirements, where applicable. An application for a special use permit that complies with all the following standards and requirements in this chapter may be approved. The applicant shall assure that:
The project is consistent with the intent and purposes of this chapter.
The project is consistent with applicable land use policies contained in the Township's comprehensive development plan of current adoption.
The project is designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such a use will not change the essential character of the same area.
The project will not adversely affect or be hazardous to existing neighboring uses.
The project will not be detrimental to the economic welfare of surrounding properties or the community.
The project is adequately served by public facilities, such as existing roads, schools, stormwater drainage, public safety, public transportation, and public recreation, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide any such service.
The project is adequately served by public sanitation facilities if so designed. If on-site sanitation facilities for sewage disposal, potable water supply, and stormwater are proposed, they shall be properly designed and capable of handling the longterm needs of the proposed project.
The project will not involve uses, activities, processes, materials, and equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.
The project will not directly or indirectly have a substantial adverse impact on the natural resources of the Township, including, but not limited to, prime agricultural soils, water recharge areas, lakes, rivers, streams, major forests, wetlands, and wildlife areas.
§ 86-127 Conditions.
[Code 1974, § 81-3.2(G); Ord. No. 2007-12, 10-28-2007]
The Planning Commission may require additional conditions, beyond those specified for the particular special use in this chapter, necessary to accomplish the purposes and intent of this chapter as follows:
Site conditions including, but not limited to, the following:
Special yards, open spaces, or buffers.
Fences, walls, or installation and maintenance of landscaping.
Points of vehicular ingress and egress.
Traffic circulation systems.
Extent of signage.
Limited hours of operation and methods of operation.
Controls for potential nuisances.
Standards for maintenance of buildings and grounds.
Development schedules and standards.
For uses of a temporary nature, review, evaluation, or expiration of a use after a specified time period may be required.
Where a variance or other agency approval is required for the establishment of the proposed special use, the Planning Commission shall condition the special use permit on obtaining the required variance or approval.
Performance guarantee. To guarantee compliance with this chapter and any conditions imposed by this chapter, at the time a certificate of occupancy is issued, the Director of Community Planning and Development may require that a cash deposit, certified check, or irrevocable bank letter of credit in a form acceptable to the Township Treasurer, covering the estimated cost of incomplete improvements associated with the approved site plan, be deposited with the Township Treasurer to insure faithful completion of the improvements. As required improvements are completed, portions of a cash deposit of certified check may be rebated. In the case a letter of credit is on file with the Township Treasurer, as work progresses, a new letter of credit may replace the letter of credit on file.
Any condition imposed upon a special use permit shall be part of the record and remain unchanged, unaltered, and not expanded upon except with the mutual consent of the Township and the landowner.
§ 86-128 Effect of issuance.
[Code 1974, § 81-3.2(H); Ord. No. 2007-08, 9-30-2007; Ord. No. 2010-05, 3-28-2010; Ord. No. 2011-06, 5-5-2011]
Limitation. Issuance of a special use permit shall authorize only the particular use for which it is issued and shall be deemed to affect only the lot or portion thereof for which such permit shall have been granted.
Effective date. The effective date of a special use permit shall be 10 days from the date of the Planning Commission's approval. In the event an appeal of the Planning Commission's decision is filed within this ten-day period, the effective date of the special use permit shall be the date the appeal is decided in favor of the applicant or otherwise dismissed or disposed of.
When permit becomes void. If the special use, or construction related to the special use, has not commenced within 24 months after the effective date of the special use permit, such permit shall be void.
Time for completion. All construction related to the special use must be completed within 36 months from the effective date of the special use permit, unless specifically approved as a phased development. If an extension is granted, all construction related to the special use permit shall be completed within 48 months from the effective date of the special use permit, unless specifically approved as a phased development.
Reestablishment. An approved special use shall not be reestablished without obtaining new approval from the Planning Commission in accordance with this division unless the site has been converted to a use permitted by right or a subsequent use received a new special use permit.
Extension request. If the special use, or construction related to the special use, has not commenced within 24 months from the effective date of the special use permit, an extension may be requested in writing prior to the expiration date. An extension shall be reviewed and approved or denied in writing by the same person or body that made the original decision.
Notice of extension request.
A notice shall be delivered personally or by mail to the parties making the request, owner(s) of the property if different than the applicant, and to all persons to whom real property is assessed located within 300 feet of the boundary of the property in question at the address listed on the most recent assessment roll, and to the occupants of all structures within 300 feet of the boundary of the property in question. If the name of the occupant is not known, the term "occupant" may be used.
The notice of extension request shall be given not less than 15 days before the date of the meeting. The notice shall contain all of the following information:
Indicate the date, time and place of the meeting.
Describe the nature of the request.
Indicate the property which is the subject of the request, including any existing street address for the site.
State when and where the request may be examined.
Indicate when and where written comments will be received concerning the request.
The extension shall be granted if all three of the following criteria are met:
The applicant failed to begin construction within the required time period due to their inability to obtain financing or their inability to acquire the necessary permits, due to circumstances outside of the applicant's control.
The project continues to be consistent with the special use permit review criteria listed in § 86-126 of the Township Code of Ordinances as originally applied.
The project remains conforming to all requirements of the previously approved special use permit.
One extension may be granted for a period not to exceed 12 months from the expiration date of the special use permit. In approving an extension, the person or body making the decision may impose new conditions to ensure the special use remains conforming to the previously approved special use. The special use shall meet all applicable codes in effect as of the date of issuance of a building permit unless otherwise specifically exempted from the code in the special use permit approval.
§ 86-129 Amendments.
[Code 1974, § 81-3.2(I); Ord. No. 2009-04, 6-28-2009]
Generally. Any applicant who has been granted a special use permit may apply for an amendment in writing to the Director of Community Planning and Development. The director shall make a determination as to whether a proposed amendment constitutes a major or minor amendment to the original special use permit.
Major amendments. A major amendment shall be evidenced by having a significant impact on the permit and the conditions of its approval, which shall include, but not be limited to:
Additions to buildings in excess of 2,000 square feet for buildings under 20,000 square feet in gross floor area or 10% of an existing building over 20,000 square feet in gross floor area.
Expansion or increase in the intensity of a use that anticipates an increase in 100 or more vehicle trip ends during the peak hour.
The addition of site area equal to or more than 20,000 square feet for existing sites less than 40,000 square feet in area or two times the original site size for sites over 40,000 square feet.
Expansion of a use that anticipates a 10% or greater increase in required off-street parking spaces.
The addition of a drive-through window.
Adjacent to residentially zoned property.
Any addition to a legal nonconforming site.
Minor amendments. All projects not defined as major amendments shall be considered minor amendments.
Procedure for processing amendments to existing special use permits determined to be major amendments by the Director of Community Planning and Development. Major amendments to approved special use permits may only be granted by the body issuing the original special use permit in accordance with the procedures and criteria set forth in this section.
Amendments of special use permits granted by the Planning Commission. Amendments to approved special use permits may only be granted by the Planning Commission in accordance with the procedures and criteria set forth in this division, subject to appeal in accordance with § 86-189.
Amendments of special use permits granted by the Township Board. Special use permit applications approved by the Township Board subsequent to an appeal of the Planning Commission's granting or denial of such special use permit application shall only be modified, removed, or replaced through a decision by the Township Board in accordance with the following procedures:
Application. An application for an amended special use permit shall be submitted to the Director of Community Planning and Development.
Fee. A fee shall be paid at the time of filing the application in the amount established in the schedule of fees adopted by the Township Board.
Public hearing. The application for an amended special use permit shall be subject to the same notices and hearings and all other procedures required for the initial application reviewed and decided by the Planning Commission as set forth in § 86-121 et seq.; however, the term "Township Board" shall be substituted for the term "Planning Commission."
Decision. Prior to deciding the application, the Township Board may refer the application to the Planning Commission for a recommendation.
Procedures for processing amendments to existing special use permits determined to be minor amendments by the Director of Community Planning and Development. Upon determination that the request is a minor amendment, the Director of Community Planning and Development shall initiate the following review process:
Application. An application for an amended special use permit shall be submitted to the Director of Community Planning and Development.
Fee. A fee shall be paid at the time of filing the application in the amount established in the schedule of fees adopted by the Township Board.
Public hearing. The application for an amended special use permit shall be subject to the same notices and hearings and all other procedures required for the initial application reviewed and decided by the Planning Commission as set forth in § 86-121 et seq.; however, the term "Director of Community Planning and Development" shall be substituted for the term "Planning Commission."
§ 86-130 Traffic study requirements.
[Added 8-4-2022 by Ord. No. 2022-08]
A traffic assessment prepared by a certified traffic engineer based, in whole or in part, on the most current edition of the handbook entitled "Evaluating Traffic Impact Studies: a Recommended Practice for Michigan Communities," shall be required for an overall development (all phases included) which is expected to generate between 50 and 249 directional trips during a peak hour of traffic.
A traffic impact study prepared by a certified traffic engineer based, in whole or in part, on the most current edition of the handbook entitled "Evaluating Traffic Impact Studies: a Recommended Practice for Michigan Communities," shall be required for an overall development (all phases included) or for an individual phase of a development which would generate 250 or more directional trips during a peak hour or over 750 trips on an average day. Should a development be submitted in phases, the cumulative effect of each additional phase on those previously reviewed and approved shall be accounted for and documented within the traffic assessment or traffic impact study.
The requirement for a traffic assessment or traffic impact study may be waived by the Director of Community Planning and Development in the following instances:
§ 86-151 Purpose.
[Code 1974, § 81-3.3(A)]
The Township finds that the development of nonresidential and multiple-family residential uses of land may have a substantial effect on the character of the community and its public health, safety, and general welfare. Therefore, this division requires that all nonresidential and multiple-family residential uses and structures be subject to site plan review in order to reasonably ensure that the development and use of land will not adversely affect the public health, safety, and general welfare; to ensure compliance with this chapter, other applicable ordinances, other Township planning documents, and state and federal statutes; and to ensure that the proposed development is compatible with the surrounding uses.
§ 86-152 Applicability.
[Code 1974, § 81-3.3(B)]
Except for single-family or two-family dwellings, a site plan approved under this division is required for any of the following:
All building permits, grading permits, and certificates of occupancy.
The construction, reconstruction, vertical or horizontal enlargement, relocation, or alteration of a building, or conversion of use. An alteration is any change in the supporting members of an existing building, any change in the location of doors or windows, or any change in usable floor area; it does not include normal repairs or maintenance.
Changes in on-site traffic flow or parking or the removal of structural or vegetative screening.
§ 86-153 Preliminary discussions; conceptual site plan review.
[Code 1974, § 81-3.3(C)]
An applicant may meet with the Director of Community Planning and Development to discuss the requirements for a site plan review. In addition to the preliminary discussions, an applicant may submit a conceptual plan for review by the Director of Community Planning and Development in order that preliminary technical deficiencies may be addressed prior to submittal of an application for a site plan review. This procedure is intended to be informational only and shall not limit the substance of the review process.
§ 86-154 Application; required information.
[Code 1974, § 81-3.3(D)]
The application shall be submitted to the Director of Community Planning and Development and shall include the following to encourage applicants to propose plans for and develop property which has high quality of site and building design. No application shall be processed until it is complete.
A site plan review application form available in the Department of Community Planning and Development containing the following information, where applicable:
The address and/or parcel number of the subject property.
The applicant's name, address, and phone number.
The name, address, and phone number of all persons with an ownership interest, if different from the applicant.
Name and address of the developer, if different from the applicant.
Name and address of the engineer, architect, landscape architect, land planner, and/or land surveyor aiding in preparation of the site plan.
Project title.
The gross and net acreage of all parcels in the project.
Projected time frame and development phases.
Total number of existing and proposed structures, units, bedrooms, or offices.
Square footage and usable floor area of existing and proposed buildings.
Number of acting and proposed parking spaces, carports, or garages.
Number of employees by shift.
Amount and type of existing and proposed recreation and open space.
A legal description and plot of survey of the subject property.
Evidence of fee and/or other ownership of the subject property for which site plan review is being requested.
A nonrefundable fee in the amount established in the schedule of fees as adopted by the Township Board.
Copies of required applications made to and reviews or permits received from other Township, county, state, or federal departments and agencies.
Layout plan, drawn to scale, showing the proposed location of structures and other improvements including roads, driveways, pedestrian walks, off-street parking areas, landscaped areas, buffers and screenings, vegetative pattern, natural features, fences and walls, lighting locations, and the land uses and zoning classifications on the subject parcel and adjoining parcels.
Landscape plan, drawn to scale, showing the locations of existing trees proposed to be removed or retained on the site, the location and design of landscaped areas, and the varieties and sizes of plant materials, including trees, shrubs, vines, and ground covers, to be planted therein, and other landscape features as may be necessary to illustrate the landscape content.
Utility plan, drawn to sale, showing the location and size of existing and proposed public water mains, wells, and sanitary sewers and associated easement or location of existing and proposed private drinking water wells, on-site wastewater treatment and disposal systems. The location of existing and proposed monitoring wells, irrigation wells, test wells, or wells used for industrial processes shall also be depicted. The location of existing and proposed private utilities including natural gas, electricity, telephone, and cable television and associated easements shall also be shown on the plan.
The location and elevations of existing and proposed water features, as well as their applicable floodplain. Grading and drainage plans, drawn to scale, including design of storm sewers, outlets, and showing existing and proposed contours at two-foot intervals, stormwater detention areas and retention ponds, and the piped stormwater drainage system. Plans shall also indicate direction of drainage flow. Sufficient data regarding site runoff estimates and off-site drainage patterns shall be provided to permit review of feasibility and permanence of drainage detention and/or retention as well as the impact on local surface and groundwater.
Floor plans and elevations, drawn to scale, illustrating all sides of the proposed structures as they will appear upon completion. All exterior surfacing materials and colors shall be specified.
Sign plans, drawn to scale, indicating their size, materials, and illumination, if any.
A map of the natural features of the site prior to development and a written description of the features to be retained, removed, or modified, and proposed measures to mitigate any negative impacts on the site and adjacent properties. Natural features to be addressed include, but are not limited to, wetlands, significant stands of trees or individual trees greater than 12 inches dbh, floodways, floodplains, water features, identified groundwater vulnerable areas, slopes greater than 20%, ravines, and wildlife habitats, vegetative cover types with potential to sustain significant, or endangered wildlife.
The location and status of any floor drains in existing or proposed structures on the site. The point of discharge for all drains and pipes shall be specified on the site plan.
A description and location for any existing or proposed above ground and below ground storage facilities.
The delineation of areas on the site which are known or suspected to be contaminated, together with a report on the status of cleanup or closure.
The description of the type of operations proposed for the project and drawings showing size, location, and description of any proposed interior or exterior areas for the storing, using, loading or unloading of hazardous substances, hazardous wastes, and/or polluting materials.
An inventory of hazardous substances to be stored, used or generated on-site, presented in a format acceptable to the Township Fire Marshal (include CAS numbers).
Completion of the environmental permits checklist on the form provided by the Department of Community Planning and Development.
Such other information as is necessary to enable the Director of Community Planning and Development to determine whether the proposed site plan will conform to the provisions of this chapter.
§ 86-155 Review process.
[Code 1974, § 81-3.3(E); amended by Ord. No. 2007-12, 10-28-2007; 11-9-2023 by Ord. No. 2023-05]
Generally. Upon a determination that the application is complete, the Director of Community Planning and Development shall initiate the following review process:
Review of site plan by the Director of Community Planning and Development. The Director of Community Planning and Development shall review each site plan to determine whether it complies with this chapter, other applicable ordinances and other Township planning documents, any comments of other departments and agencies, and state and federal statutes.
Decision. Upon receipt of all of the requested information, the Director of Community Planning and Development, within 30 days of the date the application is deemed complete, may approve, approve with conditions, or deny the application for site plan review as follows.
Approval. A site plan that complies with this chapter and the conditions imposed pursuant to this chapter, other Township planning documents, and state and federal statutes shall be approved.
Conditional approval. A site plan that requires minor modifications for compliance may be conditionally approved. The Director of Community Planning and Development shall identify the required revisions, additional information, or conditions, and the applicant shall submit a revised site plan or additional information as requested to the Director of Community Planning and Development. The Director shall verify that the site plan complies with the conditional approval prior to issuing any permits to commence construction or certifications for occupancy.
Denial. Upon determination that a site plan does not comply with the requirements and standards set forth in this chapter, other applicable ordinances, other Township planning documents, or state and federal statutes, the site plan shall be denied. An applicant whose site plan has been denied may submit a new site plan, pay the applicable fee, and receive a new site plan review or appeal the denial.
Notice of decision. The Director of Community Planning and Development shall notify the applicant in writing of the decision and the reasons therefor.
§ 86-156 Review criteria.
[Code 1974, § 81-3.3(F); Ord. No. 2010-11, 8-22-2010]
Site plans for projects shall be reviewed for compliance with the following standards and requirements, where applicable:
Conformance to zoning regulations. Each project shall satisfy all dimensional, landscaping, buffering, design, and other requirements set forth in this chapter and shall comply with other Township, county, state and federal laws, ordinances and regulations.
Review standards. The following review standards shall be applied in evaluating the site plan:
Neighborhood and community character standards.
New or existing structures. New or existing structures shall be constructed or renovated in a manner that is compatible with the surrounding neighborhood when adjacent to a residential zone.
Relation of proposed buildings to environment. Proposed buildings shall be adapted to the terrain and the size and shape of the lot.
Compatibility with surrounding buildings. New buildings shall be compatible with the architectural character of surrounding buildings.
Building materials. Building materials shall be compatible with, or complimentary to, neighboring sites and structures.
Siting. The design of a building, its location on the site, and the site layout shall respond to specific site conditions, such as topography, solar and wind exposure, privacy, views, access, drainage, and noise.
Special features. Mechanical equipment, storage facilities, activity areas, utility buildings and structures, and similar accessory areas and structures shall be subject to such setbacks or screening methods as shall reasonably be required to prevent their being incongruous with or disruptive to adjacent properties.
Landscape preservation. The landscape should be preserved in as natural a state as possible by minimizing tree and soil removal. Sensitive areas, such as steep slopes, wetlands, and shore areas, as well as resource areas such as forests, wooded lots, and open space shall be preserved where practical.
Traffic. New structures or uses shall not adversely impact traffic flows at or near their site to the extent that the public safety is endangered or the level of service is substantially deteriorated. Impacts on pedestrian and nonmotorized travel will also be evaluated, particularly in areas where sidewalks are not present.
Lighting. Exterior lighting shall be designed and illumination arranged so that it is directed downward and deflected away from adjacent properties and so that it does not impair the vision of traffic along adjacent streets.
Site development standards.
Fire and emergency access. Setbacks, access paths, and fire hydrant locations shall be provided per existing statutes and ordinances and in accordance with the requirements of the appropriate reviewing authorities. All buildings or groups of buildings shall be so arranged as to permit emergency vehicle access as required by the state construction code or Uniform Fire Code as referenced in this chapter.
Parking and loading. The required number of parking and loading spaces for the intended use, as provided in the applicable zoning district regulations, shall be sufficient. Calculations and justifications for additional spaces shall be noted on the plans.
Drives and circulation. Attention shall be given to location and number of access points to the public streets, width of interior drives and access points, general interior circulations, separation of pedestrian and vehicular traffic, method of screening, and arrangement of parking areas that are safe, convenient, and do not detract from the design of proposed buildings and neighboring properties. The pedestrian circulation system shall be insulated where possible from the vehicular circulation system. Shared parking and interior connecting drives shall be required wherever feasible.
Surface water management. Attention shall be given to proper site surface water management so that it will not adversely affect neighboring properties and natural features, or worsen downstream flooding and water quality.
The project and related improvements shall be designed to protect land and water resources from pollution, including pollution of soils, groundwater, and water features.
Stormwater detention, retention, transport, and drainage facilities shall, insomuch as practical, be designed to use or enhance the natural stormwater system on-site, including the storage and filtering capacity of wetlands, water features, and/or the infiltration capability of the natural landscape. Stormwater facilities shall be designed so as not to cause flooding or the potential for pollution of water features or groundwater, on-site or off-site. Stormwater facilities shall conform with the requirements of the county drain commissioner.
Groundwater protection. Attention shall be given to all businesses and facilities, including private and public facilities, which use, store, or generate hazardous substances to ensure the following standards are met.
General purpose floor drains shall be connected to a public sewer system or an on-site holding tank (not a septic system) in accordance with state, county, and municipal requirements, unless a groundwater discharge permit has been obtained from the state department of environmental quality. General purpose floor drains which discharge to groundwater are generally prohibited.
Sites where hazardous substances, hazardous wastes, or potentially polluting materials are stored, used, or generated shall be designed to prevent spills and discharges of such materials to the air, surface of the ground, groundwater, or water features.
Secondary containment facilities shall be provided for aboveground storage of hazardous substances, hazardous wastes, or potentially polluting materials in accordance with state and federal requirements. Aboveground secondary containment facilities shall be designed and constructed so that the potentially polluting material cannot escape from the unit by gravity through sewers, drains, or other means, directly or indirectly, into a sewer system or to the waters of the state, including groundwater.
Underground storage tanks shall be registered, installed, operated, maintained, closed, or removed in accordance with regulations of the state department of environmental quality.
Aboveground storage tanks shall be certified, installed, operated, maintained, closed, or removed in accordance with regulations of the state department of environmental quality.
Bulk storage facilities for pesticides and fertilizers shall be in compliance with requirements of the state department of agriculture.
Abandoned water and/or monitoring wells and cisterns shall be plugged in accordance with regulations and procedures of the state department of environmental quality and the county Health Department.
State and federal requirements for storage, spill prevention, record keeping, emergency response, and transport and disposal of hazardous substances, hazardous wastes, liquid industrial waste, or potentially polluting materials shall be met. No discharge to surface water or groundwater, including direct and indirect discharges of waste, waste effluent, wastewater, pollutants, or cooling water, shall be allowed without approval from appropriate state, county and local agencies.
As of the effective date of the ordinance amendment from which this chapter is derived, new irrigation wells shall be prohibited in all locations within the Township where public water service is available. Abandoned irrigation wells shall be plugged in accordance with regulations and procedures of the state department of environmental quality and the county Health Department.
Soil erosion and sedimentation. Soil erosion and sedimentation control measures, such as seeding and silt fencing, shall be required before, during, and upon completion of construction where deemed necessary to prevent erosion and sedimentation in accordance with current Township standards. In case a letter of credit is on file with the Township Treasurer, as work progresses, a new letter of credit may replace the letter of credit on file.
Utility service. New utility service distribution lines shall be underground wherever feasible. Any existing utility installations remaining above ground shall not adversely impact neighboring properties and the site. All utility installations shall be carried out in accordance with current standards, rules, and regulations of those agencies having jurisdiction.
Construction. All construction shall be carried out in accordance with the standards, rules, and regulations of the Township, including the Township Engineer's Construction Design Manual and all applicable ordinances.
§ 86-157 Modifications to approved site plans.
[Code 1974, § 81-3.3(G)]
Upon application and payment of the fee in the amount established in the schedule of fees adopted by the Township Board, modifications to an approved site plan may be granted by the Director of Community Planning and Development, provided that such changes conform to the provisions of this chapter and all other Township, county, state, and federal laws and regulations.
§ 86-158 Effect of issuance.
[Code 1974, § 81-3.3(H); Ord. No. 2007-08, 9-30-2007; Ord. No. 2010-05, 3-28-2010; Ord. No. 2011-06, 5-5-2011]
The effective date of a site plan shall be 10 days from the date of approval. In the event an appeal of the director's decision is filed within this ten-day period, the effective date of the site plan shall be the date the appeal is decided in favor of the applicant.
A building permit must be approved within 24 months of the effective date of the site plan, otherwise the site plan approval shall be void. For phased developments, the first building permit shall be approved within 24 months and all subsequent building permits shall be issued within five years of the date of site plan approval. Permitted time frames do not change with successive owners.
Approval of a site plan shall authorize only the construction and site improvements as depicted on the site plan.
If a building permit has not been issued within 24 months from the effective date of the site plan, an extension may be requested in writing prior to the expiration date. An extension request shall be reviewed and approved or denied in writing by the Director of Community Planning and Development.
The extension shall be granted if all three of the following criteria are met: | ||
1. | The applicant failed to begin construction within the required time period due to their inability to obtain financing or their inability to acquire the necessary permits, due to circumstances outside of the applicant's control. | |
2. | The project continues to be consistent with the site plan review criteria listed in § 86-156 of the Township Code of Ordinances as originally applied. | |
3. | The project remains conforming to all requirements of the previously approved site plan. | |
One extension may be granted for a period not to exceed 12 months from the expiration date of the site plan. In approving an extension, the Director of Community Planning and Development may impose new conditions to ensure the site plan remains conforming to the previously approved site plan. The site plan shall meet all applicable codes in effect as of the date of issuance of a building permit unless otherwise specifically exempted from the code in the site plan review approval. | ||
§ 86-159 Subsequent permits.
[Code 1974, § 81-3.3(I)]
Site improvements related to the approved site plan, excluding grading and foundation permits, shall not commence until the applicant has secured all other permits and approvals required by this chapter and all other applicable Township, county, state, and federal laws and regulations.
§ 86-160 Performance guarantee.
[Code 1974, § 81-3.3(J)]
To guarantee compliance with this chapter and any conditions imposed by this chapter, at the time a certificate of occupancy is issued, the Director of Community Planning and Development may require that a cash deposit, certified check, or irrevocable bank letter of credit in a form acceptable to the Township Treasurer, covering the estimated cost of incomplete improvements associated with the approved site plan, be deposited with the Township Treasurer to insure faithful completion of the improvements. As required improvements are completed, portions of a cash deposit or certified check may be rebated. In case a letter of credit is on file with the Township Treasurer, as work progresses, a new letter of credit may replace the letter of credit on file.
§ 86-161 Enforcement.
§ 86-162 Posting and other notification of decisions.
[Code 1974, § 81-3.3(L)]
A list of decisions made on site plans shall be posted by the Director of Community Planning and Development in the municipal building of the Township and shall include the following:
All decisions shall be listed on the regular Planning Commission agendas and reported to the Township Board.
§ 86-186 Purpose.
[Code 1974, § 81-3.4(A)]
The purpose of this division is to establish the procedures by which an appeal of a decision or interpretation of the Director of Community Planning and Development or the Planning Commission may be made.
§ 86-187 Appeals to the Zoning Board of Appeals of decisions made by the Director of Community Planning and Development or administrative official.
[Code 1974, § 81-3.4(B); Ord. No. 2007-12, 10-28-2007; Ord. No. 2009-04, 6-28-2009]
Except for decisions regarding special use permits and planned unit development decisions, an aggrieved person, officer, department, board, or bureau of state government may appeal any administrative order or decision of the Director of Community Planning and Development or administrative official charged with enforcement of the zoning ordinance to the Zoning Board of Appeals. Appeals shall be made in accordance with the following procedures:
Procedures.
Notice of appeal. A notice of appeal is a written statement specifying the grounds for appeal, the date of the decision, and supporting materials related to the decision. A notice of appeal must be filed with the Department of Community Planning and Development within 10 days of the date of the decision of the Director of Community Planning and Development.
Hearing. When a notice of appeal has been filed in proper form with the Department of Community Planning and Development, it shall be placed on the Zoning Board of Appeals' calendar for a hearing, as applicable.
Notice of public hearing. Notices shall comply with the provisions outlined in Subsection 86-65(b) of the Code of Ordinances.
Decision. In its determination of the appeal, the decision shall be made by a concurring vote of a majority of the members of the Zoning Board of Appeals. The Zoning Board of Appeals may take, but is not limited to, any of the following actions:
Affirm the decision of the Director of Community Planning and Development or administrative official with or without modification.
Reverse the decision of the Director of Community Planning and Development or administrative official and state its reason therefor.
Modify the decision of the Director of Community Planning and Development or administrative official.
Conditions. The Zoning Board of Appeals may require reasonable conditions in its decisions in order to further the intent and purpose of this chapter.
Notice of decision. The Director of Community Planning and Development shall notify the parties making the request in writing of the Zoning Board of Appeals' decision.
Stay of proceedings. An appeal of any administrative order, requirement, decision, or determination, stays all proceedings in furtherance of the action appealed unless the Director of Community Planning and Development, body, or officer certifies to the Zoning Board of Appeals that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed other than by a restraining order which may be granted by the Zoning Board of Appeals or by the circuit court.
Authority transferred. When the Zoning Board of Appeals is reviewing a site plan; or an order, requirement, decision, interpretation, or determination of the Director of Community Planning and Development or administrative official, the board shall have all of the powers of the director as to that appeal.
§ 86-188 Appeals to the Planning Commission or Township Board of decisions on minor amendments to special use permits or planned unit developments made by the Director of Community Planning and Development.
[Code 1974, § 81-3.4(C); Ord. No. 2007-12, 10-28-2007; Ord. No. 2009-04, 6-28-2009]
The decision of the Director of Community Planning and Development to approve or deny a minor amendment to a special use permit or planned unit development may be appealed by an aggrieved person to the body making the original decision, Township Board or Planning Commission. Appeals shall be made in accordance with the following procedures:
Procedures for appeals to the Township Board or Planning Commission.
Notice of appeal. A notice of appeal is a written statement specifying the grounds for appeal, the date of the decision, and supporting materials related to the decision. A notice of appeal must be filed with the Department of Community Planning and Development within 10 days of the date of the decision made by the Director of Community Planning and Development.
Hearing. When a notice of appeal has been filed in proper form with the Department of Community Planning and Development, the request shall be placed on the Township Board's or Planning Commission's agenda for a hearing, as applicable.
Notice of public hearing. Notices shall comply with the provisions outlined in Subsection 86-65(b) of the Code of Ordinances.
Decision. In its determination of the appeal, the Township Board or Planning Commission may take, but is not limited to, any of the following actions:
Affirm the decision of the Director of Community Planning and Development with or without modification.
Reverse the decision of the Director of Community Planning and Development and state its reason therefor.
Refer the matter back to the Director of Community Planning and Development for further hearings or other action prior to final determination of the appeal by the Township Board or Planning Commission.
Refer the matter to the Zoning Board of Appeals if the issue appears to be a matter of interpretation of the provisions of this chapter.
Notice of decision. The Director of Community Planning and Development shall notify the parties making the request in writing of the Township Board's or Planning Commission's decision.
Authority transferred. When the Township Board or Planning Commission is reviewing the Director of Community Planning and Development's approval or denial of a minor amendment to a special use permit or planned unit development, the Township Board or Planning Commission shall have all of the powers of the director.
§ 86-189 Appeals of decisions made by the Planning Commission.
[Code 1974, § 81-3.4(D); Ord. No. 2007-12, 10-28-2007; Ord. No. 2009-04, 6-28-2009]
An aggrieved person may appeal a decision of the Planning Commission in the granting or denial of a special use permit to the Township Board in accordance with the following procedures:
Procedures.
Notice of appeal. A notice of appeal is a written statement specifying the grounds for appeal, the date of the decision, and supporting materials related to the decision. A notice of appeal must be filed with the Department of Community Planning and Development within 10 days of the date of the decision made by the Planning Commission.
Hearing. When a notice of appeal has been filed in proper form with the Department of Community Planning and Development, the request shall be placed on the Township Board's calendar for hearing within 30 days.
Notice of public hearing. Notices shall comply with the provisions outlined in Subsection 86-65(b) of the Code of Ordinances.
Decision. In its determination of the appeal, the Township Board may take, but is not limited to, any of the following actions:
Affirm the decision of the Planning Commission with or without modification.
Reverse the decision of the Planning Commission and state its reason therefor.
Refer the matter back to the Planning Commission for further hearings or other action prior to final determination of the appeal by the Township Board.
Refer the matter to the Zoning Board of Appeals if the issue appears to be a matter of interpretation of the provisions of this chapter.
Notice of decision. The Director of Community Planning and Development shall transmit in writing to the parties making the request notification of the Township Board's decision.
Authority transferred. When the Township Board is reviewing an appeal from a decision of the Planning Commission on a special use permit or a site plan approval, the Township Board shall have all of the powers of the Planning Commission as to that appeal.
§ 86-216 Purpose.
[Code 1974, § 81-3.5(A)]
The purpose of this division is to establish authority and procedures whereby the Zoning Board of Appeals may vary or modify provisions of this chapter in cases where the granting of a variance would not be contrary to the public interest and, due to special conditions, a literal enforcement of the provisions of this chapter.
§ 86-217 Applicability.
[Code 1974, § 81-3.5(B)]
The Zoning Board of Appeals may grant variances from any provisions of this chapter, except in the following instances:
§ 86-218 Application requirements.
[Code 1974, § 81-3.5(C)]
The following shall be submitted to the Department of Community Planning and Development. No application shall be processed until it is complete.
A completed variance application form available from the Department of Community Planning and Development containing the following information:
The address and/or parcel number of the subject property.
The applicant's name, address, and phone number.
The name, address, and phone number of all persons with an ownership interest, if different from the applicant.
Zoning of the subject property.
Zoning ordinance section from which variances are being requested.
A nonrefundable fee in the amount established in the schedule of fees as adopted by the Township Board.
A legal description and plot of survey of the subject property.
Evidence of fee and/or other ownership of the subject property for which the variance is being requested.
A written statement with supporting evidence demonstrating compliance with the review criteria specified in § 86-221.
A plan showing the location of existing structures or other features which limit the full use of the subject property in accordance with this chapter requirements, and location of proposed structures or additions, or other activity requiring a variance from the terms of this chapter.
Other information the Director of Community Planning and Development deems necessary to thoroughly evaluate the application.
§ 86-219 Environmental commission review.
[Code 1974, § 81-3.5(D)]
When in the determination of the Director of Community Planning and Development a requested variance affects either a regulated wetland, wetland setback, or both, the director may refer the case to the environmental commission.
§ 86-220 Review process.
[Code 1974, § 81-3.5(E); Ord. No. 2007-12, 10-28-2007]
Upon determination that the application for a variance, site specific interpretation, or site specific appeal of a decision by the Director of Community Planning and Development is complete, the Director of Community Planning and Development shall initiate the review process as described below:
Notice of public hearing. Notices shall comply with the provisions outlined in Subsection 86-65(b) of the Code of Ordinances.
Conduct of public hearing. The Zoning Board of Appeals shall conduct a public hearing in accordance with the organization and procedures set forth in § 86-62(d).
Decision. Decisions of the Zoning Board of Appeals to approve or deny an application for a variance are final, subject to appeal to the proper court of jurisdiction.
Notice of decision. The Director of Community Planning and Development shall notify the applicant in writing of the zoning board of appeal's decision.
§ 86-221 Review criteria.
[Code 1974, § 81-3.5(F); Ord. No. 2007-12, 10-28-2007; amended 5-3-2022 by Ord. No. 2022-02]
In the review of an application for a variance, the Zoning Board of Appeals should determine if the following criteria are satisfied:
Unique circumstances exist that are peculiar to the land or structure, that are not applicable to other land or structures in the same zoning district and these unique circumstances are not self-created.
Strict interpretation and enforcement of the literal terms and provisions of this chapter would result in practical difficulties that would prevent the owner from using the property for a permitted purpose.
Granting the variance is the minimum action necessary which would carry out the spirit of this zoning ordinance, secure public safety, and provide substantial justice.
Granting the variance will not adversely affect adjacent land or the essential character in the vicinity of the property.
Granting the variance will be generally consistent with public interest and the purposes and intent of this chapter.
§ 86-222 Conditions.
[Code 1974, § 81-3.5(G)]
The Zoning Board of Appeals, in granting a variance, may require such conditions and safeguards deemed necessary to accomplish the purposes and intent of this chapter, to prevent or minimize adverse impacts upon the public and neighborhoods, and to ensure compatibility among land uses.
Site conditions may include, but shall not be limited to the following:
Special yards, open spaces, or buffers.
Fences, wall, or installation and maintenance of landscaping.
Points of vehicular ingress and egress.
Traffic circulation systems.
Extent of signage.
Limited hours of operation and methods of operations.
Controls for potential nuisances.
Standards for maintenance of buildings and grounds.
At the time a variance is granted, the Zoning Board of Appeals may require that a cash deposit, certified check, or irrevocable bank letter of credit in a form acceptable to the Township Treasurer covering the estimated cost of the required improvements be deposited with the Township Treasurer to insure faithful completion of the improvements. As required improvements are completed, portions of a cash deposit or certified check may be rebated. In the case a letter of credit is on file with the Township Treasurer, as work progresses, a new letter of credit may replace the letter of credit on file.
A breach of any of the conditions required by the Zoning Board of Appeals shall automatically invalidate the variance granted.
§ 86-223 Effect of variance approval.
[Code 1974, § 81-3.5(H); Ord. No. 2010-12, 8-22-2010]
Granting a variance shall authorize only the purpose for which it was granted. The effective date of a variance shall be the date the Zoning Board of Appeals approves such variance. A building permit must be applied for within 24 months of the date of the approval of the variance and a certificate of occupancy must be issued within 18 months of the date the building permit was issued, otherwise the variance shall be void.
§ 86-224 Amendments.
[Code 1974, § 81-3.5(I)]
A variance may be amended, modified, or extended only in accordance with the procedures and criteria set forth for an original application in this division.
§ 86-225 Reapplication.
[Code 1974, § 81-3.5(J); Ord. No. 2004-01, 2-29-2004]
No application for a variance, which has been denied wholly or in part by the Zoning Board of Appeals, shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed circumstances found by the Zoning Board of Appeals to be sufficient to justify consideration.
§ 86-226 Subsequent permits.
[Code 1974, § 81-3.5(K)]
Development authorized by the granting of the variance shall not commence until the applicant has secured all other permits and approvals required by this chapter and all other applicable Township, county, state, and federal regulations.
§ 86-227 Enforcement.
§ 86-251 Applicability.
[Code 1974, § 81-3.6(A)]
Temporary and seasonal outdoor commercial uses, as authorized in specific districts, shall require a temporary use permit. The Director of Community Planning and Development shall only approve an application for a temporary use permit in accordance with the procedures and standards set forth in this division and all other applicable regulations.
§ 86-252 Application requirements.
[Code 1974, § 81-3.6(B)]
The following shall be submitted to the Director of Community Planning and Development. A decision on an application for a temporary use permit shall be made within 30 days from the time the director determines the application is complete. No application shall be processed until it is complete.
The address or parcel number of the property.
The applicant's signature, address, and phone number.
The name, address, and phone number of all persons with an ownership interest, if different than applicant.
Description of the proposed temporary use including, but not limited to, the area proposed for the special event, parking areas, lighting, number of patrons expected, number of employees, sanitary facilities, etc.
A statement specifying safety precautions to be taken including, police, fire, traffic, and other safety issues.
Evidence of fee and/or other ownership of the property for which the temporary use permit is being requested.
A nonrefundable fee in the amount established in the schedule of fees adopted by the Township Board from time to time.
§ 86-253 Review.
[Code 1974, § 81-3.6(C)]
Upon determination that the application is complete and copies of permits required by other departments and agencies are attached, the Director of Community Planning and Development shall review the temporary use permit application for compliance with all applicable requirements of this chapter.
§ 86-254 Decision.
[Code 1974, § 81-3.6(D)]
The Director of Community Planning and Development shall approve an application for a temporary use permit if it conforms with all the requirements and standards of this chapter, and other Township, county, state, or federal regulations.
§ 86-255 Appeals.
[Code 1974, § 81-3.6(E)]
Aggrieved persons may appeal the Director of Community Planning and Development's decision to grant or deny a temporary use permit to the Zoning Board of Appeals, in accordance with § 86-188.
§ 86-256 Amendments to approved temporary use permits.
[Code 1974, § 81-3.6(F)]
A temporary use permit may be amended, extended, or modified only in accordance with the procedures set forth for an original application in this division.
§ 86-257 Permit expiration.
[Code 1974, § 81-3.6(G)]
At the end of the time period for which the temporary use was permitted, including any renewal or extension periods, the use shall be discontinued, and all temporary structures and signs shall be removed within 48 hours of expiration of the permit.
§ 86-281 Building permits.
[Code 1974, § 81-4.1]
Required. A building permit shall be required prior to proceeding with any construction, alteration, enlargement, demolition, placement, movement, or removal of any building or structure, or grading, cutting, filling, or excavating associated with such building or structure, as required by the state construction code of current adoption, and all other applicable ordinances.
Application. Application for a building permit or occupancy permit shall be filed in writing, signed by the person, firm, copartnership, or corporation requesting the same or by the duly authorized agent of such person, firm, copartnership, or corporation. All applications for building permits under the provisions of this division shall be accompanied with evidence of ownership, or contract right to ownership, to the property to be covered by the permit. There shall be submitted with all applications for building permits two copies of a site layout or plot plan, drawn to scale, showing where applicable:
The location, shape, area, and dimension of the lot.
The location, dimensions, height, and bulk of the existing and/or proposed structures, to be erected, altered or moved on the lot.
The intended use.
The proposed number of sleeping rooms, dwelling units, occupants, employees, customers, and other uses.
The yard, open space, and parking space dimensions.
The proposed parking areas and surfacing.
The number of loading and unloading space provided.
Any other information deemed necessary by the chief building inspector to determine and provide for the enforcement of this chapter.
Voiding of permit. Any building permit granted under this division shall become null and void unless the development proposed shall have passed its first building inspection within one year from the date of granting of the building permit.
Inspection. The construction of usage affected by any building permit shall be subject to periodic inspections.
§ 86-282 Grading permits.
[Code 1974, § 81-4.2]
Grading, earth stripping, cutting, filling, or excavating not associated with construction of buildings or structures, or grading activities undertaken prior to obtaining a building permit for the construction of buildings or structures, shall require a grading permit. Grading permits shall be in accordance with the state construction code of current adoption and all other applicable ordinances.
Grading activities coincident with construction of buildings or structures shall be reviewed and approved or denied as part of a building permit; however, all grading activities shall comply with the provisions of this division.
§ 86-283 Performance guarantees.
[Code 1974, § 81-4.3]
No permit for occupying any structure or use shall be granted until all improvements indicated on the approved plan have been completed and approved. If such improvements have not been completed and a certificate of occupancy is desired, a performance guarantee in the form of a cash deposit, certified check, or irrevocable letter of credit in a form acceptable to the Township Treasurer, covering the estimated cost of incomplete improvements associated with the project approved plans, shall be deposited with the Township Treasurer to insure faithful completion of the improvements. As required improvements are completed, as determined by the Director of Community Planning and Development, or other person authorized to verify completion of required improvements, the performance guarantee shall be returned or released in whole or in part consonant with the required improvement.
§ 86-284 Certificates of occupancy.
[Code 1974, § 81-4.4]
Generally. To ensure that the provisions of this chapter are met, certificates of occupancy must be obtained and no land shall be occupied or used, and no structure shall be used until a certificate of occupancy shall have been issued stating that the structure or land and its proposed use comply with the provisions of this chapter and the state construction code.
Applicability. Certificates of occupancy shall be required for all new construction, alterations and enlargements of existing buildings, and placement or movement of new or existing buildings.
Application. All certificates of occupancy shall be applied for coincident with the application for a building permit.
Issuance. A certificate of occupancy shall be issued at the time of final inspection provided the use or building meets the requirements of this chapter, the state construction code, and all other applicable township, county, state, and federal regulations.
§ 86-285 Revocation.
[Code 1974, § 81-4.5]
Any permit or certificate issued under the provisions of this chapter may be suspended or revoked in writing by the Director of Community Planning and Development when the permit or certificate was issued in error, or at any time whenever the holder thereof:
Shall have made any false or fraudulent statement in the application for such permit or certificate, or in the exercise of such permit or certificate;
Shall have violated any of the provisions of this chapter;
Shall have failed to satisfy the requirements of this chapter or of any rules adopted pursuant thereto;
Shall have violated the requirements of a conditional approval under this chapter which authorized the permit's or certificate's issuance; or
Shall have caused, created, or maintained, in the exercise of such permit or certificate, a menace or danger to the public health, safety, or welfare.
The permit or certificate holder shall be promptly notified, in writing, of any such suspension or revocation.
§ 86-286 Appeals.
[Code 1974, § 81-4.6]
Aggrieved persons may appeal the Director of Community Planning and Development's decision to issue or deny a building permit or grading permit, or to revoke or suspend a permit or certificate of occupancy, to the Zoning Board of Appeals in accordance with § 86-188.