Pittsfield Charter Township
City Zoning Code
City Zoning Code
ARTICLE XVIII
Amendment Procedure
§ 40-18.01 Initiating amendments and fees.
The Township Board may from time to time, on recommendation from the Planning Commission, amend, modify, supplement, or revise the district boundaries or the provisions and regulations herein established, whenever the public necessity and convenience and the general welfare require such amendment. Amendments may be initiated by resolution of the Township Board, the Planning Commission, or by petition of one or more owners of property to be affected by the proposed amendment. Except for the Township Board, or the Planning Commission, the petitioner or petitioners requesting an amendment shall at the time of application pay the fees established by the Township Board as set forth in § 40-3.06, no part of which shall be refundable to the petitioner. All proposed amendments shall be referred to the Planning Commission for review and recommendation.
§ 40-18.02 Amendment procedure.
The procedure for making amendments to this chapter shall be in accordance with the Michigan Zoning Enabling Act, as amended (MCL 125.3101 et seq.). The Township Planning Commission shall hold a public hearing on the amendment. Notice of the public hearing shall be given as set forth in § 40-3.05 of this chapter.
§ 40-18.03 Conformance to court decree.
Any amendment for the purpose of conforming to a decree of a court of competent jurisdiction shall be adopted by the Township Board and the amendments published without referring the same to any other board or agency.
§ 40-18.04 Amendment request.
A.
Filing of amendment request. A request for an amendment to the zoning chapter shall be initiated by filing an application with the Township Zoning Administrator.
B.
Zoning Map amendment. When the application involves a change in the Zoning Map, the petitioner shall submit the following information:
(1)
A legal description of the property.
(2)
A scaled map of the property, correlated with the legal description, and clearly showing the property's location.
(3)
The name and address of the applicant.
(4)
The applicant's interest in the property, and if the applicant is not the owner, the name and address of the owner(s).
(5)
Date of filing with the Township Clerk.
(6)
Signature(s) of the applicant(s) and owner(s) certifying the accuracy of the required information.
§ 40-18.05 Findings of fact required.
A.
Review. In reviewing any application for a zoning amendment, the Planning Commission shall identify and evaluate all factors relevant to the application, and shall report its findings in full, along with its recommendations for disposition of the application, to the Township Board.
B.
Findings. The facts to be considered by the Township Planning Commission shall include, but not be limited to, the following:
(1)
Whether or not the requested zoning change is justified by a change in conditions since the original ordinance was adopted or by an error in the original ordinance.
(2)
The precedents, and the possible effects of such precedents, which might likely result from approval or denial of the application.
(3)
The ability of the Township or other government agencies to provide any services, facilities, and/or programs that might be required if the application were approved.
(4)
Effect of approval of the application on the condition and/or value of property in the Township or in adjacent civil divisions.
(5)
Effect of approval of the application on adopted development policies of Pittsfield Township and other government units.
C.
Public record. All findings of fact shall be made part of the public records of the meetings of the Planning Commission and the Township Board. An application shall not be approved unless these and other identified facts are affirmatively resolved in terms of the general health, safety, welfare, comfort, and convenience of the citizens of Pittsfield Township, or of other civil divisions where applicable.
§ 40-18.06 Conditional rezoning procedures.
A.
Authorization and limitations. The Township Board shall have the authority to place conditions on a rezoning, provided that the conditions have been voluntarily offered in writing by the applicant and are acceptable to the Township Board. In exercising its authority to consider a conditional rezoning, the Township is also authorized to impose the following limitations:
(1)
An owner of land may voluntarily offer written conditions relating to the use and/or development of land for which a conditional rezoning is requested. This offer may be made either at the time the application for conditional rezoning is filed, or additional conditions may be offered at a later time during the conditional rezoning process as set forth below.
(2)
The owner's offer of conditions may not authorize uses or developments not permitted in the requested new zoning district. The owner's offer of conditions shall bear a reasonable and rational relationship to the property for which the conditional rezoning is requested.
(3)
Any use or development proposed as part of an offer of conditions that would require special use approval under the terms of this chapter may only be commenced if special use approval for such use or development is ultimately granted in accordance with the provisions of this chapter.
(4)
Any use or development proposed as part of an offer of conditions that would require a variance under the terms of this chapter may only be commenced if a variance for such use or development is ultimately granted by the Zoning Board of Appeals in accordance with the provisions of this chapter.
(5)
Any use or development proposed as part of an offer of conditions that would require site plan approval under the terms of this chapter may only be commenced if site plan approval for such use or development is ultimately granted in accordance with the terms of this chapter.
B.
Amendment of conditions. The offer of conditions may be amended during the process of conditional rezoning consideration, provided that any amended or additional conditions are entered voluntarily by the owner, and confirmed in writing. An owner may withdraw in writing all or part of its offer of conditions any time prior to final rezoning action of the Township Board, provided that if such withdrawal occurs subsequent to the Planning Commission's public hearing on the original rezoning request, then the rezoning application shall be referred back to the Planning Commission for a new public hearing with appropriate notice and a new recommendation.
C.
Procedure. The procedure for consideration of conditional rezoning request shall be the same as provided in § 40-18.04 for other rezoning requests and the requirements of said sections shall be applicable to conditional rezoning in addition to the following:
(1)
A conditional rezoning request shall be initiated by the applicant submitting a proposed conditional rezoning agreement. A conditional rezoning agreement shall include the following:
(a)
A written statement that confirms the conditional rezoning agreement was proposed by the applicant and entered into voluntarily.
(b)
A written statement that confirms that the property will not be used or developed in a manner that is inconsistent with conditions placed on the rezoning.
(c)
A list of conditions proposed by the applicant.
(d)
A time frame for completing the proposed improvements.
(e)
A legal description of the land.
(f)
A sketch plan in sufficient detail to illustrate any specific conditions proposed by the applicant.
(2)
The notice of public hearing on a conditional rezoning request shall include a general description of the proposed agreement being considered. A review of the proposed agreement shall be conducted at the public hearing.
(3)
A conditional rezoning may only be approved upon a finding and determination that all of the following are satisfied:
(a)
The conditions, proposed development, and/or proposed use of the land are designed or proposed for public health, safety, and welfare purposes.
(b)
The conditions, proposed development and/or proposed use are not in material conflict with the Master Plan, or, if there is material conflict with the Master Plan, such conflict is due to one of the following:
[1]
A change in Township policy since the Master Plan was adopted.
[2]
A change in conditions since the Master Plan was adopted.
[3]
An error in the Master Plan.
(c)
The conditions, proposed development and/or proposed use are in accordance with all terms and provisions of the zoning district to which the land is to be rezoned, except as otherwise allowed in the conditional rezoning agreement.
(d)
Public services and facilities affected by a proposed development will be capable of accommodating service and facility loads caused by use of the development.
(e)
The conditions, proposed development and/or proposed use shall ensure compatibility with adjacent uses of land.
D.
Amendment to Zoning Map. Upon approval by the Township Board of a conditional rezoning request and a conditional rezoning agreement, as provided by this section, the Zoning Map shall be amended to reflect a new zoning classification along with a relevant designation that will provide reasonable notice of the conditional rezoning agreement.
E.
Expiration. A conditional rezoning approval shall expire two years from the effective date of the rezoning unless progress has been diligently pursued and substantial completion has occurred in accordance with permits issued by the Township.
(1)
In the event the conditional rezoning expires, the rezoning and the conditional rezoning agreement shall be void and of no effect.
(2)
If the conditional rezoning becomes void, no development shall be undertaken and no permits for development shall be issued until such time as a new zoning district classification of the property has become effective as a result of one or both of the following actions that may be taken:
(a)
The property owner seeks a new rezoning classification for the property; and/or
(b)
The Township initiates a new rezoning request for the property to a reasonable district classification, in accordance with the conventional rezoning procedure.
F.
Recording. A conditional rezoning approval shall not become effective until the conditional rezoning agreement is recorded with the Washtenaw County Register of Deeds and a certified copy of the agreement is filed with the Township Clerk.
G.
Violation of conditional rezoning agreement. If development and/or actions are undertaken in violation of the conditional rezoning agreement, such development and/or actions shall constitute a violation of this chapter and are deemed a nuisance per se. In such case, the Township may issue a stop-work order relative to the property and seek any other lawful remedies. Until action is taken to bring the property into compliance with the conditional rezoning agreement, the Township may withhold or, following notice and an opportunity to be heard, revoke permits and certificates, in addition to or in lieu of such other lawful action to achieve compliance.