Park Township City Zoning Code
ARTICLE II
Administration and Enforcement
Sec. 38-31 Zoning administration.
[Ord. No. Z, eff. 2-7-1974]
The provisions of this chapter shall be administered and enforced by the Zoning Administrator.
Sec. 38-32 Zoning Administrator.
[Ord. No. Z, eff. 2-7-1974]
(a)
The Zoning Administrator shall be appointed by the Township Board for such term and subject to such conditions and at such rate of compensation as the Township Board shall determine. To be eligible for appointment to the post of Zoning Administrator, the applicant must be:
(1)
Generally informed of the provisions of this chapter;
(2)
Have a general knowledge of the building arts and trades; and
(3)
Be in good health and physically capable of fulfilling the duties of the Zoning Administrator.
(b)
Said applicant shall have no interest whatsoever, directly or indirectly, in the sale or manufacture of any material, process, facility or device entering into or used in connection with building construction.
Sec. 38-33 Permits.
[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-14, eff. 4-19-1982; Ord. No. Z-16, eff. 9-7-1983; Ord. No. Z-17, eff. 6-14-1985; Ord. No. Z-18, eff. 2-13-1986; Ord. No. Z-20, eff. 8-7-1988; Ord. No. Z-30, eff. 11-1-1990; Ord. No. Z-56, eff. 8-22-2006]
(a)
Permit required. No building or structure shall be erected, moved, placed, reconstructed, extended, enlarged or altered, except wholly interior alterations or repairs at a cost of $100 or less, unless a permit therefor has been issued by the Zoning Administrator. An application for a permit shall be in writing and upon duplicate printed forms furnished by the Township. A permit issued by the Zoning Administrator is nontransferable and must be obtained before any work, excavations, erection, alteration or movement is commenced. Satisfactory evidence of ownership of the lot or premises may be required by the Zoning Administrator and shall be furnished upon request. If the application is approved, the Zoning Administrator shall so mark both copies of the application over his signature and file one copy with the Township Clerk and return the other copy to the applicant. The Zoning Administrator shall also provide the applicant with a construction card signed by the Zoning Administrator stating the extent of the work authorized. This card shall be attached to and remain on the lot or premises during the progress of the work authorized.
(b)
Contents of application. Each application shall include such reasonable information as may be requested by the Zoning Administrator in order to determine compliance with the terms and provisions of this chapter and shall include, as a minimum, the following information:
(1)
The location and actual dimensions of the lot or premises to which the permit is to apply;
(2)
The kind of building or structures to which the permit is to apply;
(3)
The width of all abutting streets and private roads;
(4)
The area, size and location of all buildings or structures to which the permit is to apply;
(5)
The type of use to be made of the building or structure to which the permit is to apply;
(6)
The use of buildings or structures on adjoining lands; and
(7)
The estimated cost of the building or structure.
The Zoning Administrator, in the Zoning Administrator's discretion, may waive the inclusion of any of the foregoing information in an application if he shall determine that such information is not reasonably necessary for him to determine compliance with the terms and provisions of this chapter. |
(c)
Accessory buildings or structures. Accessory buildings or structures, when erected, moved, placed, reconstructed, extended, enlarged, or altered, at the same time as the principal building on the same lot or premises and when shown on the application for the permit for the principal building, shall not require the issuance of a separate permit. A separate permit shall be required if any accessory building or structure is erected, moved, place, reconstructed, extended, enlarged or altered separately or at a different time than the principal building on the same lot or premises.
(d)
Issuance of permit. Within 10 days after the receipt of any application, the Zoning Administrator shall either issue a permit if the proposed work is in conformance with the terms and provisions of this article, or deny issuance of a permit and state the reason or cause for such denial in writing. In each case the permit or the written reason or cause for such denial shall be transmitted to the owner or his agent.
(e)
Expiration of permits. A permit for any building or structure for which construction work has not begun within six months from the date of its issuance, or for which all construction work has not been completed within one year from the date of its issuance, shall expire automatically. A permit expiring automatically pursuant to this subsection shall, upon reapplication, be renewable once only upon payment of an additional fee as established by Township Board resolution. A renewed permit shall automatically expire if construction work has not begun within one year from the date of issuance of the original permit and shall also expire automatically if all construction work has not been completed within two years from the date of issuance of the original permit.
[Amended by Ord. No. 2020-001, eff. 1-27-2020
(f)
Cancellation of permits. The Zoning Administrator shall have the power to revoke and cancel any permit in the event of failure or neglect to comply with all of the terms and provisions of this article or in the event of any false statements or misrepresentations in the application for the permit. Notice of such cancellation and revocation shall be securely posted on the construction, such posting to be considered as service upon and notice to the permit holder of the cancellation and revocation of the permit.
(g)
Fees. For each permit issued, the base permit fee established from time to time by Township Board resolution shall be paid to the Zoning Administrator, who shall remit to the Township treasurer. The payment of such fee is a condition precedent to the validity of the permit.
(1)
The amount of the base permit fee shall be determined from the estimated cost of the building or structure as set forth in the application for the permit. If upon completion of the building or structure, the Zoning Administrator shall determine that the estimated cost does not represent a fair valuation of the cost of the structure; he shall notify the applicant in writing of the permit deficiency and the building or structure shall not be used until such deficiency has been paid to the Zoning Administrator.
(2)
In addition, special fees shall be paid to the Zoning Administrator as established from time to time by Township Board resolution. The Zoning Administrator shall remit all such fees to the Township treasurer. The payment of such fees is a condition precedent to the validity of such permit.
(h)
Extraordinary fees. If work is commenced to erect, move, place, reconstruct, extend, enlarge or alter a building or structure without first having attained a permit as is required by this section, then the permit fee specified in Subsection (g) of this section shall be adjusted as follows:
(1)
If it is the first time that this owner has commenced the erection, moving, placing, reconstructing, extending, enlarging or altering of a building or structure without first having obtained a permit, the permit fee shall be $100 or twice the amount of the permit fee as computed pursuant to Subsection (g) of this section, whichever is greater; and
(2)
If it is the second time that this owner has commenced the erection, moving, placing, reconstruction, extending, enlarging or altering of a building or structure without first having obtained a permit, the permit fee shall be $250 or triple the amount of the permit fee as computed pursuant to Subsection (g) of this section, whichever is greater.
If a building contractor or other agent for an owner undertakes to obtain a permit for the owner, the imposition of extraordinary fees pursuant to this subsection, and specifically whether it is the first or second time that the erecting, moving, placing, reconstructing, extending, enlarging or altering of a building or structure has been undertaken without first obtaining a permit required therefor, shall consider prior occurrences with respect to the owner and also prior occurrences with respect to the building contractor or other agent. |
(i)
The provisions of this section shall not be construed to prohibit the Township from prosecuting pursuant to Section 38-7 any failure to obtain a permit as required by this article.
Sec. 38-34 Inspection of buildings and structures.
[Ord. No. Z, eff. 2-7-1974]
(a)
As work progresses under a permit, the holder thereof or his authorized agent shall cause the Zoning Administrator to be notified at the following stages of construction:
(1)
Upon completion of the footing and foundation walls.
(2)
Upon completion of the rough frame of the building or structure and the electrical wiring.
(3)
Upon total completion of the work authorized by the permit and before occupancy or use.
(b)
Should the permit holder fail to comply with all of the terms and provisions of this article at any stage of construction, the Zoning Administrator is authorized to revoke and cancel the permit and cause notice of such cancellation and revocation to be securely posted on the construction, such posting to be considered as service upon and notice to the permit holder of the cancellation and revocation of the permit. No further work shall be undertaken or permitted upon such construction until a new permit is issued for such work.
Sec. 38-35 Certification of compliance.
[Ord. No. Z, eff. 2-7-1974]
No building or structure which is erected, moved, placed, reconstructed, extended, enlarged, or altered shall be used, in whole or in part, until the owner thereof shall have been issued a certificate by the Zoning Administrator affirming that such building or structure conforms in all respects to the provisions of this article. Such certificate shall be issued after the work is complete and final inspection has been made.
Sec. 38-36 Special use authorization.
[Ord. No. Z, eff. 2-7-1974; amended by Ord. No. Z-14, eff. 4-19-1982; Ord. No. 2018-1, eff. 3-23-2018]
(a)
Where special use authorization is required by a provision of this chapter, a site plan, which is in accordance with the requirements of Division 3 of Article II of this chapter, shall be required by the Planning Commission when reviewing the special use.
(b)
Application for special use authorization shall be made on forms therefor provided by the Township and shall include such supporting materials as are reasonably necessary to evaluate the application. Notification of receipt of a request for special use authorization shall be given as required by the Michigan Zoning Enabling Act, PA 110 of 2006, as amended. A public hearing, with notice thereon as required by the Michigan Zoning Enabling Act, shall be held by the Planning Commission.
(c)
The Planning Commission may deny, approve, or approve with conditions the special use request. The decision on a special use shall be incorporated in a written statement containing the conclusions relative to the special use under consideration that specifies the basis of the decision and any conditions imposed in conformance with the provisions of the Michigan Zoning Enabling Act that are determined to be necessary or appropriate.
(d)
The Planning Commission shall review the particular circumstances and facts of each proposed special use in terms of the following standards and required findings, and with respect to any additional standards set forth in the zoning districts and general provisions herein. The Planning Commission shall find adequate evidence showing that the proposed use on the proposed lot generally satisfies the following:
(1)
Will be harmonious, and in accordance with objectives, intent, and purposes of this chapter;
(2)
Will be compatible with the natural environment and existing and future land uses in the vicinity;
(3)
Will be compatible with the Township Master Plan;
(4)
Will be served adequately by essential public facilities and services, such as, but not limited to, highways, streets, police and fire protection, drainageways and structures, and refuse disposal, unless the persons or agencies responsible for the establishment of the proposed use will be able to provide adequately any such service;
(5)
Will not be detrimental, hazardous, or disturbing to existing and future neighboring uses, persons, property, or the public welfare; and
(6)
Will not create additional requirements at public cost for public facilities and services that will be detrimental to the economic welfare of the community.
Sec. 38-37 Procedure.
[Ord. No. Z, eff. 2-7-1974]
The Township Board, the Zoning Board of Appeals, the duly authorized attorney for the Township, the Ottawa County prosecuting attorney, or any owners or occupants of any real estate within the Township may institute injunction, mandamus, abatement or any other appropriate action or proceedings to prevent, enjoin, abate or remove any violation of this chapter. The rights and remedies provided herein are cumulative and in addition to all other remedies provided by law.
Sec. 38-65 Creation.
[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-3, eff. 2-3-1977]
(a)
There is hereby created under the Zoning Act a Zoning Board of Appeals, referred to in this division as the Zoning Board of Appeals.
(b)
The Zoning Board of Appeals shall be constituted and appointed as provided in the Zoning Act and shall be comprised of five members.
Sec. 38-66 Jurisdiction and powers.
[Ord. No. Z, eff. 2-7-1974; amended by Ord. No. Z-14, eff. 4-19-1982; Ord. No. Z-56, eff. 8-22-2006]
The Zoning Board of Appeals shall have all powers and jurisdiction granted by the Zoning Act, all powers and jurisdiction prescribed in other articles of this chapter and the following specific powers and jurisdiction:
(1)
The jurisdiction and power to hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official or body charged with enforcement of this division; excluding, however, decisions regarding the authorization of special uses and planned unit developments which are made by the Township Board or Planning Commission.
[Amended by Ord. No. 2018-1, eff. 3-23-2018]
(2)
The jurisdiction and power to act upon all questions as they may arise in the administration and enforcement of this division, including interpretation of the Zoning Map.
(3)
The jurisdiction and power to decide matters referred to the Zoning Board of Appeals for decision pursuant to Section 603 of the Zoning Act (MCL § 125.3603).
(4)
The jurisdiction and power to authorize, upon appeal, a variance or modification of this chapter where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this chapter so that the spirit of this chapter shall be observed, public safety secured and substantial justice done.
Sec. 38-67 Adoption of rules of procedure.
[Ord. No. Z, eff. 2-7-1974]
The Zoning Board of Appeals shall fix rules and regulations governing its procedures sitting as the Zoning Board of Appeals. Said rules and regulations shall be made available to the public and shall be in conformance with the terms of this chapter and the Zoning Act.
Sec. 38-68 Conditions.
[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-14, eff. 4-19-1982]
In granting a variance or in making any decision referred to it by this chapter, the Zoning Board of Appeals may impose and attach such conditions in conformance with the provisions of the Zoning Act as it shall determine are necessary and/or appropriate.
Sec. 38-69 Zoning Board of Appeals authorization.
[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-14, eff. 4-19-1982; Ord. No. Z-56, eff. 8-22-2006]
(a)
Where Zoning Board of Appeals authorization is required by this chapter pursuant to the authority granted it by Section 603 of the Zoning Act (MCL § 125.3603) or where a variance has been requested, the Zoning Board of Appeals may, in its discretion, require the preparation and filing of a site plan which is in accordance with the requirements of Division 3 of this article before application is made for a building permit.
(b)
The Zoning Board of Appeals shall hold a public hearing concerning the project for which Zoning Board of Appeals authorization has been requested and give due notice thereof. The Zoning Board of Appeals shall state the grounds of each decision and shall otherwise comply with all procedural notice and other requirements of the Zoning Act.
Sec. 38-70 Variance standards and time limitations.
[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-56, eff. 8-22-2006; Ord. No. Z-60, eff. 5-14-2009]
As noted in Section 38-66(4), the Zoning Board of Appeals has the authority to grant variances where there are practical difficulties or an unnecessary hardship in the way of carrying out the strict letter of this chapter.
(1)
Non-use variances. A simple-majority vote of the members of the Board of Appeals is necessary to authorize a non-use variance. In determining whether there are practical difficulties in the way of carrying out the strict letter of this article, the Board of Appeals shall consider the following standards and shall make an affirmative finding as to each standard to authorize a non-use variance.
a.
That strict compliance with the zoning ordinance regulating the minimum area, yard set backs, frontage, height, bulk, or density, or other regulation would render conformity with those restrictions of the zoning ordinance unnecessarily burdensome.
b.
That granting the requested variance would do substantial justice to the applicant as well as to other property owners in the zoning district. If a lesser relaxation than that applied for would give substantial relief to the property owner and be more consistent with justice to other property owners in the district, the Board of Appeals may grant a lesser variance provided the other standards are met.
c.
That the plight of the property owner/applicant is due to the unique circumstances of the property (e.g., an odd shape or a natural feature like a stream or a wetland) and not due to general conditions of the zoning district.
d.
That the practical difficulties alleged are not self-created.
(2)
Use variances. A 2/3 majority vote of the members of the Zoning Board of Appeals is necessary to authorize a use variance. In determining whether there is any unnecessary hardship in the way of carrying out the strict letter of this chapter, the Zoning Board of Appeals shall consider the following standards and shall make an affirmative finding as to each standard to authorize a use variance:
a.
That the property cannot be used for any of the uses permitted in the zoning district in which it is located (i.e., none of the uses permitted in the zoning district as a matter of right or by special use permit would allow a reasonable economic return on the use of the property).
b.
That the plight of the property owner is due to unique circumstances peculiar to the property (e.g., an odd shape, topography, or other natural feature like a stream or wetland) rather than to general neighborhood conditions.
c.
That the proposed use requested by the variance would not alter the essential character of the surrounding neighborhood.
d.
That the hardship problem is not self-created (i.e., is not necessitated as a result of any action or inaction by the applicant).
(3)
Time limitations on variances. Any person who is granted a variance under this chapter must, within one year of the date on which the Zoning Board of Appeals takes action to grant the variance, take affirmative action to exercise the rights granted according to the variance. For purposes of this section, the term "affirmative action" means either commencing the use for which the variance has been granted, or obtaining all necessary permits in compliance with Section 38-33 for the construction of a building or structure authorized by the variance. Failure to take affirmative action in exercising the rights granted according to a variance within one year of the date on which the Zoning Board of Appeals takes action to grant the variance will result in the automatic cancellation of the variance granted. If the permit granted pursuant to Section 38-33 expires, or, if such permit is renewed, if the renewed permit expires, then the variance pursuant to which the permit was issued shall be automatically cancelled.
Sec. 38-71 Alternate members.
[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-49, eff. 3-22-2003]
The Township Board may appoint not more than two alternate members to serve the same term as regular members of the Zoning Board of Appeals. The alternate members shall be appointed by resolution of the Township Board. The chairperson of the Zoning Board of Appeals, or the acting chairperson, may call an alternate member to serve as a regular member of the Zoning Board of Appeals in the following situations:
(1)
An alternate member may be called to serve as a regular member of the Zoning Board of Appeals in the absence of a regular member if that regular member is:
a.
Absent from or will be unable to attend two or more consecutive meetings of the Zoning Board of Appeals; or
b.
Absent from or will be unable to attend meetings of the Zoning Board of Appeals for a period of more than 30 consecutive days.
(2)
An alternate member may be called to serve as a regular member of the Zoning Board of Appeals for the purpose of reaching a decision on a case in which the regular member has abstained from participating for reasons of a conflict of interest.
An alternate member called to serve as a regular member shall have the same voting rights as a regular member of the Zoning Board of Appeals. An alternate member called to serve on a Zoning Board of Appeals' case shall serve on that case until the Zoning Board of Appeals makes a final decision. |
Sec. 38-101 Review.
[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-51, eff. 9-5-2003]
Notwithstanding the failure of this chapter to specifically provide elsewhere for site plan approval of a particular use, site plan review and approval is required in each of the following instances:
(1)
A site plan shall be submitted to the Planning Commission for approval of any use or change of use permitted in the C-1 or C-2 Zoning District.
(2)
A site plan shall be submitted to the Planning Commission for approval of any multifamily dwelling in an R-5 Zoning District.
(3)
A site plan shall be submitted to the Zoning Administrator for approval of any two-family dwelling in an R-4 or R-5 Zoning District. The Zoning Administrator may, in his discretion, refer any such site plan to the Planning Commission for its review and approval.
(4)
A site plan shall be submitted to the Planning Commission for approval of any church, public school or private or parochial school, or any public or private recreational facility to be constructed in the R-1, R-2, R-3, R-4, or R-5 Zoning Districts.
(5)
For any special use and also for any planned unit development, provided that if the requirements for a site plan, as provided in this division, are met by plans and other documentation required in Article III, Division 8 of this chapter, then a separate site plan shall not be required pursuant to this division.
(6)
When any other section of this chapter requires site plan approval.
Sec. 38-102 Content.
[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-51, eff. 9-5-2003; Ord. No. Z-56, eff. 8-22-2006]
A site plan shall include all of the following information unless the same is not reasonably necessary, as determined by the Planning Commission:
(1)
A plot plan based on an accurate certified land survey showing:
a.
Location, size and type of present buildings or structures to be retained or removed.
b.
Location of all proposed buildings, structures or other improvements.
c.
Location of existing and proposed streets, private roads, drives and parking lots.
d.
Location of water and sewer lines.
e.
Storm drainage.
f.
Refuse and service areas.
g.
Utilities with reference to location, availability and compatibility.
h.
Screening and buffering with reference to type, dimensions and character.
i.
Topographical features, including contour intervals no greater than five feet.
j.
Ditches and watercourses.
k.
Ground cover and other pertinent physical features of the site, including, but not limited to existing vegetation, trees, etc.
l.
Proposed landscaping.
m.
Location of existing improvements.
n.
Location of lot lines.
o.
Loading and unloading of facilities.
p.
Exterior lighting and signs.
q.
Location of existing structures on land immediately adjacent to the site within 100 feet of the site's parcel lines.
r.
The date, north arrow, and scale. The scale shall not be less than one inch equals 50 feet if the subject property is less than three acres and one inch equals 100 feet if the subject property is three acres or more.
s.
The name and address of the professional individual, if any, responsible for the preparation of the site plan.
(2)
Preliminary architectural sketches and/or a general statement as to the type of construction and materials to be used in the proposed buildings or structures. Height and area of buildings and structures shall be provided. The height of buildings and structures shall be detailed from the existing grade (and proposed grade if there is to be any change in the grade), as well as from the crown of the street and/or private road adjoining the property upon which the building or structure will be erected.
(3)
The period of time within which the project will be completed.
(4)
Proposed staging of the project, if any.
(5)
Gross areas of buildings and parking.
(6)
Delineation of the one-hundred-year floodplain and any proposed uses therein.
(7)
A description of all aspects of such plan that might have an adverse effect on public health, safety and welfare.
(8)
Current proof of ownership of the land to be utilized or evidence of a contractual ability to acquire such land such as an option or purchase contract.
(9)
Method of financing and commitments, or other proof of ability to obtain financing.
(10)
Additional information which the body or official reviewing and approving the site plan may request which is reasonably necessary to evaluate the site plan.
The body or official review the site plan shall have the discretion to waive the inclusion in the site plan of any of the information referenced in this section. |
Sec. 38-103 Standards.
[Ord. No. Z, eff. 2-7-1974; amended by Ord. No. Z-14, eff. 4-19-1982; Ord. No. 2018-1, eff. 3-23-2018]
In addition to any standards or requirements specified in other sections of this chapter which are relevant to the project for which site plan approval is sought, the following standards shall be considered in reviewing and approving site plans:
(1)
The applicant may legally apply for site plan review.
(2)
All required information has been provided.
(3)
The proposed development conforms to all regulations of the zoning district in which it is located.
(4)
The adequacy of streets, alleys, parking areas, loading zones, sidewalks, drainage, water and sewer lines, and traffic control for the proposed use, building, or structure.
(5)
The adequacy of protection afforded lands and the surrounding neighborhood from adverse impact.
(6)
All elements of the site plan shall be harmoniously and efficiently organized in relation to topography, the size and type of the lot, the character of adjoining property, and the type and size of buildings. The site shall be so developed as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this chapter.
(7)
The landscape shall be preserved in its natural state, insofar as practical, by minimizing tree and soil removal, and by topographic modifications which result in maximum harmony with adjacent areas.
(8)
Natural resources will be preserved to and protected to the maximum feasible extent, and organic, wet, or other soils which are not suitable for development will be undisturbed or will be modified in an acceptable manner.
(9)
The proposed development will not cause soil erosion or sedimentation problems.
(10)
The drainage plan for the proposed development is adequate to handle anticipated stormwater runoff and will not cause undue runoff onto neighboring property or overloading of watercourses in the area.
(11)
The proposed development properly respects floodways and floodplains on or in the vicinity of the subject property.
(12)
The plan meets the specifications of Park Township for water supply, sewage disposal or treatment, storm drainage, and other public facilities.
(13)
With respect to vehicular and pedestrian circulation on the site, including walkways, interior drives, and parking; special attention shall be given to the location, number and spacing of access points; general interior circulation; separation of pedestrian and vehicular traffic; and the arrangement of parking areas that are safe and convenient and, insofar as practicable, do not detract from the design of the proposed buildings and structures, neighboring properties and flow of traffic on adjacent streets.
(14)
All buildings or groups of buildings shall be so arranged as to permit emergency vehicle access by some practical means as required by the Township Fire Department.
(15)
The site plan shall provide reasonable, visual, and sound privacy for all dwelling units located therein. Fences, walls, barriers, and landscaping shall be used, as appropriate, for the protection and enhancement of property and for the privacy of its occupants.
(16)
All loading and unloading areas and outside storage of materials which face or are visible from residential districts or public thoroughfares shall be screened by a vertical screen consisting of structural or plant materials. Also, outdoor storage of garbage and refuse shall be contained, screened from view, and located so as not to be a nuisance to the subject property or neighboring properties.
(17)
All lighting shall meet the requirements of Section 38-488(b) and be shielded from any public right-of-way.
(18)
Phases of development are in logical sequence so that any phase will not depend upon a subsequent phase for adequate access, public utility services, drainage, or erosion control.
(19)
Site plans shall conform to all applicable requirements of state and federal statutes, and approval may be conditioned on the applicant receiving necessary state and federal permits before a building permit or occupancy permit is granted.
Sec. 38-104 Building permit.
[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-14, eff. 4-19-1982]
Where a site plan has been approved for any project, and building permit issued shall provide that the development be completed in accordance with the approved site plan and failure to conform with such site plan shall be a violation of this chapter and cause for revocation of the building permit.
Sec. 38-105 Conditions.
[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-14, eff. 4-19-1982]
In approving a site plan, the body or official granting approval may impose and attach such conditions and restrictions and require such improvements as shall be determined to be necessary and/or appropriate.
Sec. 38-106 Improvements; financial guarantees.
[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-14, eff. 4-19-1982; Ord. No. 2022-01, eff. 3-31-2022]
To ensure compliance with this chapter and any conditions imposed as part of a zoning approval, the body or official granting approval of a site plan, PUD, condominium development, plat, and special use authorization shall require a performance surety of a cash deposit, certified check, or irrevocable letter of credit in the amount of 110% of the construction costs of components covered. Specific improvements and costs to be covered by the performance surety shall be determined by the Township Engineer. The applicant shall prepare an itemized cost for review and acceptance by the Township Engineer prior to any earthmoving operations on the site. The following standards shall govern the Township Engineer's determination on the amount and extent of the performance surety.
(a)
If the project in question contains infrastructure components that will burden the general public if left in an incomplete condition, a performance surety will be required to guarantee completion of the infrastructure components. Examples of such infrastructure include but are not limited to public roadways, sanitary sewer and water main systems, drainage systems, pathway improvements, site restoration, landscape or other site stabilization measures. A performance surety may be required to ensure completion of a specific infrastructure component by a date certain if specifically identified by the Planning Commission.
(b)
If an applicant requests building permits or utility connections prior to completing the infrastructure, a performance surety will be required for incomplete or partially completed items. Examples of partially completed items are the final course of asphalt on streets, signage, parking improvements, pavement markings, site restoration, landscape or other site stabilization, site lighting, utility casting adjustments, off-site improvements, testing of utilities, televising of utilities, or other special conditions of utility approval.
(c)
In the event that a letter of credit is used as the performance surety, the following conditions apply:
(1)
The letter of credit shall be issued by a bank having an office in Ottawa County and shall allow draws from the office in Ottawa County. The letter of credit shall be in favor of Park Township.
(2)
The letter of credit scope and completion date shall be approved by the Township. Phase dates may be considered by the Township.
(3)
The applicant may reasonably request reduction in the letter of credit as agreed upon by the Township; however, the applicant must certify in writing that the work to be removed from the letter of credit has been completed.
Sec. 38-107 Expiration of approval.
[Added by Ord. No. 2018-1, eff. 3-23-2018]
Approval of a final site plan will expire and be of no effect unless a building permit has been issued within one year of the date of the site plan approval. Extensions beyond the expiration date may be permitted by the Planning Commission provided the total extended time does not exceed one year.
Sec. 38-108 Amendments to approved site plan.
[Added by Ord. No. 2018-1, eff. 3-23-2018]
A site plan may be amended upon application and in accordance with the procedures and requirements provided in Section 38-102 herein. Minor changes to a site plan may be made without following the procedures of Section 38-102 at the discretion of the Zoning Administrator. Minor changes include, but are not necessarily limited to, the reorientation of landscaping, modifications to dumpster enclosure materials and/or location, an increase in the number of parking spaces not requiring an alteration to the parking surface, the reduction of the size of any building, or other similar changes of a minor nature proposed to be made to the configuration, design, layout, or topography of the site plan which are deemed by the Zoning Administrator to not adversely affect the initial basis for granting approval. In the event the Zoning Administrator determines a change is major or cannot reasonably conclude that the changes will not adversely affect the initial basis for granting approval, the request for change shall be forwarded to the Planning Commission. The Zoning Administrator or Planning Commission may require, in case of minor changes to an approved site plan, that a revised site plan drawing(s) be submitted showing such minor changes for purposes of record.
Sec. 38-126 Initiation.
[Ord. No. Z, eff. 2-7-1974]
The Township Board may initiate amendments to this chapter by resolution or by any interested person by petition to the Township Board.
Sec. 38-127 Petition procedure.
[Ord. No. Z, eff. 2-7-1974]
All petitions for amendment to this chapter shall be in writing signed, and filed in triplicate with the Township Clerk for presentation to the Township Board. Such petitions shall include the following:
(1)
The petitioner's name, address, and interest in the petition as well as the name, address, and interest of every person having a legal or equitable interest in any land which is to be rezoned;
(2)
The nature and effect of the proposed amendment;
(3)
If the proposed amendment would require a change in the Zoning Map, a fully dimensioned map showing the land which would be affected by the proposed amendment, a legal description of such land, the present zoning district of the land, the zoning district of all abutting lands, and all public and private right-of-way and easements bounding and intersecting the land to be rezoned;
(4)
The alleged error in the chapter which would be corrected by the proposed amendment, with a detailed explanation of such alleged error and detailed reasons why the proposed amendment will correct the same;
(5)
The changed or changing conditions in the area or in the Township that make the proposed amendment reasonably necessary to the promotion of the public health, safety, and general welfare;
(6)
All other circumstances, factors, and reasons that the petitioner offers in support of the proposed amendment.
Sec. 38-128 Procedure.
[Ord. No. Z, eff. 2-7-1974]
After initiation, amendments to this chapter shall be considered as provided in the Zoning Act.
Sec. 38-129 Zoning Map amendments and rezoning procedures.
[Ord. No. Z-59, eff. 2-26-2009]
The Township Board, at its own initiative, upon recommendation from the Planning Commission, or upon petition, may amend, supplement, or change the district boundaries of the Zoning Map, pursuant to the authority and procedures set forth in the Zoning Act.
(1)
Application submission.
a.
Applicants requesting an amendment to the Zoning Map (aka, a rezoning of property) shall submit an application to the zoning and planning department. The application materials for a rezoning shall include the following information at the time of submission:
1.
The tax parcel identification number of the property to be rezoned;
2.
A legal description of the property to be rezoned;
3.
The current zoning district and master plan designation of the property to be rezoned, along with the requested zoning district of the property to be rezoned;
4.
A small scale sketch of all properties, streets, structures, and current uses within 1/4 mile of the property to be rezoned;
5.
Proof of ownership of the property to be rezoned, or evidence of a contractual ability to acquire such property (such as an option, purchase contract, or affidavit); and
6.
Any additional information that Township staff, the Planning Commission or the Township Board may request which is reasonably necessary to evaluate the proposed rezoning and its effect on the surrounding neighborhood and the Township in general.
(2)
Procedures.
a.
The Planning Commission shall hold a public hearing. After the public hearing has been held, the Planning Commission will consider the standards and criteria contained in Subsection (3) of this section in making its recommendation to the Township Board.
b.
The Township Board will receive and review the written recommendation from the Planning Commission. At a public meeting the Township Board may approve, deny or amend the Planning Commission's recommendation. In making the decision to approve, deny or amend the Planning Commission's recommendations the Township Board shall consider the standards and criteria contained in Subsection (3) of this section.
(3)
Rezoning criteria. The following criteria and standards shall be considered by the Planning Commission and Township Board prior to any Zoning Map amendment.
a.
Whether there is consistency with the goals, policies and future land use map of the master plan, including any sub area or corridor studies. If conditions have changed significantly since the master plan was adopted, then consistency with recent development trends in the area shall also be considered.
b.
Whether there is compatibility of the site's physical, geological, hydrological and other environmental features with the host of uses permitted in the proposed zoning district.
c.
Whether there is evidence that if the current zoning remains enforced, the restriction may preclude the use of the property for any purpose to which it is reasonably adapted.
d.
Whether there is compatibility of all the potential uses allowed in the proposed zoning district with the surrounding uses and zoning in terms of land suitability, impacts on the environment, density, nature of use, traffic safety impacts, aesthetics, infrastructure, utilities, potential influence on property values, and the general health, safety and welfare of the Township.
(4)
Conditional rezoning. The Planning Commission in making its recommendation to the Township Board and the Township Board in making a decision to grant a requested Zoning Map amendment may consider conditions that are voluntarily offered in writing by the applicant in accordance with this section:
a.
In addition to the criteria listed in Subsection (c) of this section, in the event a land owner voluntarily offers in writing any conditions regarding the use and/or development of the land as part of a rezoning request application, the Planning Commission and the Township Board shall also consider whether the request and the conditions voluntarily offered:
1.
Bear a reasonable and rational connection and/or benefit to the property being proposed for rezoning;
2.
Are necessary to ensure that the property develops in such a way that protects the surrounding neighborhood and minimizes any potential impacts to adjacent properties;
3.
Will lead to a development that is more compatible with abutting or surrounding uses than would have been likely if the property had been rezoned without the proposed voluntarily offered conditional zoning agreement, or if the property were left to develop under the existing zoning classification; and
4.
Meet the basic requirements of the requested zoning district.
b.
Any property that is conditionally rezoned must still nonetheless comply by ordinance, special use if permitted, or variance with all of the zoning requirements, including but not limited to use and yard setback requirements, of the zoning district to which the property has been rezoned. The approval of a conditional rezoning request does not guarantee or assume the approval of any special uses or variances. Site plan review in accordance with Subsection (1) of this section will be required where applicable.
c.
Time limitations may be imposed as provided in the Zoning Act. If development and/or use does not occur within the time frame imposed by the Township the property shall revert to its former zoning district classification as set forth in the Zoning Act (see MCL § 125.3405).
d.
If a property is conditionally rezoned and the approved development and/or use of the conditionally rezoned property does not comply with the conditions accepted by the Township it shall be a violation of the zoning ordinance. In the event that this violation is not corrected through the normal enforcement procedures of the Township the property shall revert to its former zoning district classification as set forth in the Zoning Act (see MCL § 125.3405).
e.
In the event that a request for conditional rezoning is approved a copy of the conditions must be filed with the Ottawa County Register of Deeds within 30 days of the final approval.