(a)

Establishment and authority. For the purposes of this chapter, the village council shall appoint a planning commission, zoning board of appeals and a zoning administrator to develop, administer and maintain this chapter according to the provisions outlined herein.

(b)

Duties and procedures. For the purposes of administering this chapter, all matters concerning zoning shall be directed to the zoning administrator for referral to the appropriate official, commission or board for proper action. The village council shall have the authority to initiate an amendment to the zoning text or map as detailed in section 36-151. In addition the village council shall have the power of final approval of all zoning ordinance amendments and conditional use permit requests, and shall appoint all members of the planning commission and zoning board of appeals.

(c)

Schedule of application fees and expenses.

(1)

The village council shall establish a schedule of application fees by resolution for conditional use permits, variances, appeals, zoning permits, amendments, and other tools used to administer this chapter, and shall establish a procedure for their collection.

(2)

The village may also establish procedures either separately or through the provisions of this chapter to levy other charges related to the review of applications.

(3)

No action shall be taken on any application or appeal until all applicable fees, charges, and expenses have been paid in full.

(Ord. No. 66, § 2, 9-14-2015)

(a)

Appointment and establishment. The village planning commission is authorized by the provisions of the Michigan Planning Enabling Act, Public Act No. 33 of 2008 (MCL 125.3801 et seq.), which states that the planning commission shall be appointed by the village council. For the purposes of administering this chapter and by authority of the village and the Michigan Zoning Enabling Act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.), the village council may appoint the village planning commission to perform the duties as specified in this chapter and said Act.

(b)

Duties and responsibilities. The planning commission is authorized to adopt rules of procedure consistent with the statutes of the state, the provisions of the village charter and the provisions of this chapter. The planning commission is hereby authorized to:

(1)

Develop and administer this chapter.

(2)

Consider all matters pertaining to the amendment or the changing of this chapter text or map or for a conditional use permit request. For each request for an amendment or change of this chapter or for conditional use permit, the planning commission shall review the request, conduct a public hearing and forward recommendations for approval, conditional approval or denial to the village council which shall make the final decision on the request.

(3)

Review those site plans authorized under section 36-57 of this article.

(Ord. No. 66, § 2, 9-14-2015)

(a)

Appointment and authority. The zoning administrator shall be designated by the village council and charged with administering and enforcing this chapter. He may be provided with the assistance of such other persons as the village council may direct. He may delegate his power with the approval of the village council and notice to the planning commission.

(b)

Duties and responsibilities.

(1)

The zoning administrator shall be responsible for following up on zoning related complaints, accepting applications for zoning permits, zoning amendments, requests for variances and other matters for the zoning board of appeals, and conditional use permits.

(2)

The zoning administrator shall be responsible for the updating and maintenance of the master copy of the zoning ordinance text and map. He shall be thoroughly familiar with the provisions of this chapter in order to administer it adequately.

(3)

The zoning administrator shall make periodic checks of all properties in the village to ensure compliance with this chapter. If the zoning administrator shall find that any of the provisions of this chapter are being violated, he shall notify, in writing, the person responsible for such violation, or the owner of record of the lot upon which such violation is taking place, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of the illegal use of any lot or structures; removal of illegal structures; or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions. Any violations of this chapter shall be reported in writing to the village council.

(4)

The zoning administrator shall review all applications for zoning permits to ensure that the proposed use is in compliance with the terms of this chapter. The zoning administrator shall receive all requests for rezoning, ordinance amendments, variances, conditional use permits and to forward these requests to the proper official, commission or council. He shall, under no circumstances, be permitted to make changes in any part of this chapter or to vary the terms of this chapter in carrying out his duties as zoning administrator.

(5)

The zoning administrator shall act as a non-voting advisor to the village council, planning commission and zoning board of appeals. Any information, data or statements presented to these bodies by the zoning administrator shall be purely advisory in nature for the purpose of clarification and coordination and will not restrict decisions made by these bodies.

(c)

Zoning permits—Required. A zoning permit shall be required before any of the following activities are undertaken, or a building permit is issued for them:

(1)

Construction of a building or moving a building onto a lot.

(2)

Additions to an existing building, including porches and decks.

(3)

Changes in the use of a building or parcel of land. For the purpose of this provision, a change in use would be when the use changes from one of the uses as listed in the Table of Uses to another use listed in the table.

(4)

Changes to a nonconforming use or a structure housing a nonconforming use including interior remodeling.

(5)

Construction of a parking lot.

(6)

Issuance of a conditional use permit.

(7)

Construction of an accessory structure 100 square feet in size or greater.

(d)

Same—Information required. The zoning administrator shall provide a form to be filled out by an applicant for a zoning permit and a list of information required for a plot plan of the site for which the zoning permit is being requested. The permit shall contain the signature of the applicant to verify intent and the signature of the zoning administrator to verify review. Both signatures shall be dated. The plot plan shall consist of a drawing on a sheet of paper no smaller than 8½ inches by 11 inches, prepared by the applicant and showing:

(1)

Dimensions of the parcel of land.

(2)

Frontages on public or private streets or roads.

(3)

Location and size (exterior "footprint" and height) of all existing and proposed buildings and parking areas and their distance from each other and the lot lines.

(4)

Proposed parking space.

(5)

Name and address of applicant.

(Ord. No. 66, § 2, 9-14-2015)

(a)

Official public hearings shall be conducted by the respective agency, board, commission, zoning board of appeals or legislative body at any time this chapter is amended, supplemented, changed or otherwise altered or in any circumstance in which a public hearing is required by state enabling legislation, village charter or this chapter.

(b)

Each public hearing shall be for the purpose of permitting residents and property owners to state views, opinions, suggestions and questions about the item for which the hearing is being held. Public hearings shall be open for public attendance and participation within the procedures adopted for conducting such hearing.

(c)

Each public hearing shall be conducted in accordance with the procedures adopted by the respective board, commission or council. An official record of each public hearing shall be made by means of a verbatim transcript, a copy of which shall be maintained as a public record.

(d)

Notice for all public hearings shall be provided in compliance with the following:

(1)

Notice shall be given by publication in a newspaper of general circulation in the village at least 15 days prior to the public hearing.

(2)

In the case of a hearing involving a particular parcel such as a rezoning or variance request, notice shall be mailed to the owners and occupants of property within 300 feet of the parcel as identified in the most recent tax roll of the village, at least 15 days before the hearing. Owners of property within 300 feet of the parcel located outside the village shall also receive notice. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure.

(3)

Notice shall be mailed to each public utility company, airport or railroad company owning or operating any public utility, airport or railroad within zoning districts affected that registers its name and mailing address with the village for the purpose of receiving the notice at least 15 days before the hearing.

(4)

In the case of a hearing involving a particular parcel such as a rezoning or variance request, notice shall be mailed to the owners of the property that is the subject of the hearing at least 15 days before the hearing.

(5)

Notice shall be mailed to the applicant at least 15 days before the hearing.

(6)

An affidavit of mailing shall be maintained.

(7)

The notices shall include:

a.

Describe the nature of the request that is the subject of the public hearing.

b.

Indicate the property in question by street address. If there is no street address for the parcel the tax parcel ID and the closest cross streets shall be used to identify the property location.

c.

State the time and place where the public hearing will be held.

d.

Indicate when and where written comments will be received concerning the request.

e.

Indicate when and where a copy of the request that is the subject of the hearing may be examined.

(Ord. No. 66, § 2, 9-14-2015)

(a)

Any owner or agent, and any person or corporation who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof, or who shall erect, structurally alter, enlarge, rebuild or move any building or buildings or any structure, or who shall put into use any lot or land in violation of any detailed statement, or plan submitted hereunder, or who shall refuse reasonable opportunity to inspect any premises, shall be responsible for a municipal civil infraction.

(b)

The owner of any building or structure, lot or land or part thereof, where anything in violation of this chapter shall be placed or shall exist shall be responsible, or any architect, builder, contractor, agent, person or corporation employed in connection therewith and who assists in the commission of such violation shall each be guilty of a separate violation, and upon conviction thereof, shall each be liable to the fine as specified in this section.

(c)

Any violation of this chapter is a nuisance per se and may be abated by the circuit court through injunctive relief. The village reserves the right to institute any other appropriate proceedings to prevent, enjoin, abate or remove any unlawful erection, alteration, maintenance or use.

(Ord. No. 66, § 2, 9-14-2015)

The site plan review procedures are instituted to provide an opportunity for the village planning commission or zoning administrator, in the circumstances hereinafter set forth, to review the proposed use of a site in relation to drainage, pedestrian and vehicle circulation, off-street parking, structural relationship, public utilities, landscaping, accessibility and other site design elements which may have an adverse effect upon the public health, safety, morals and general welfare as well as to provide the best interest of the property owner.

(Ord. No. 66, § 2, 9-14-2015)

All development and changes in use require review of some type. Under this chapter most "simple" development such as construction of a single-family or duplex residence require only review of plot plans and review as outlined for site plans is required for developments of a more complex nature. Site plans are required to be submitted under any of the following circumstances:

(1)

As part of an application for a conditional use permit.

(2)

Prior to construction of any principal structure other than a single-family or duplex residence.

(3)

Prior to construction of an addition of 1,000 square feet or more in size to any principal structure other than a single-family or duplex residence.

(4)

Prior to construction of any accessory structure 1,000 square feet or more in size other than accessory structures related to a single-family or duplex residence. Accessory buildings for single-family or duplex residences require submission of a plot plan prepared in compliance with section 36-23 (d) for approval by the planning commission.

(5)

As part of an application to change a nonconforming use to another nonconforming use.

(6)

Any remodeling of an existing structure other than a single-family or duplex residence that requires construction of ten or more additional parking spaces.

(7)

As part of an application for approval of a condominium development.

(8)

As part of an application for a planned unit development.

(Ord. No. 66, § 2, 9-14-2015)

Before any building permit shall be issued, eight copies of a site plan to a scale of one inch equals 20 feet and a completed application for site plan approval shall be submitted to the village zoning administrator for review and approval. Said site plan shall contain the following information:

(1)

Statistical data, including number of dwelling units, size of dwelling units (e.g., one bedroom, two bedrooms, three bedrooms), if any, and total gross acreage involved. In the case of mobile home parks, the size and location of each mobile home site shall be shown. In all other cases, the location, type, horsepower, fuel, dimensions, and other data of all machinery to be used on the proposed site (to determine compliance with minimum lot size, maximum lot coverage and density requirements and parking requirements).

(2)

The location of principal and accessory buildings on the lot and the relationship of each structure to another (to determine compliance with setback requirements).

(3)

Vehicular traffic and pedestrian circulation features within and without the site (to determine compliance with traffic access standards including adequacy of access, conflicts between vehicles and pedestrians, turning movement conflicts between the site and other nearby driveways).

(4)

The location and dimensions of all off-street parking areas including maneuvering lanes, service lanes, off-street loading spaces, and other service areas within the development (to determine compliance with parking requirements).

(5)

The location, dimensions, and proposed use of all recreation areas, if any (to determine compliance with planned unit development requirements, if applicable).

(6)

The location of all proposed landscaping, fences or walls (to determine compliance with screening and landscaping requirements).

(7)

The height and dimensions of all structures (to determine compliance with maximum height and lot coverage requirements as well as minimum building size requirements (residential) where applicable).

(8)

Front, rear, and side elevation of any typical structure proposed for development (to determine compliance with maximum height requirements).

(9)

The location and capacity of private or public water, sanitary services and solid waste disposal facilities servicing the site (to ensure compliance with the standard requiring adequate water and sewer service, and to prevent overloading the village's water or sewer system).

(10)

The location, dimensions, type and lighting of all signs (to ensure compliance with sign requirements).

(11)

The location, intensity and orientation of all lights (to determine compliance with requirements regarding lighting being directed off adjacent premises).

(12)

Buildings within 50 feet of the boundary of the site (to determine compliance with any setback standards linked to structures on adjacent lots, or in the case of a conditional use permit, to determine suitability of the site for the proposed use based on proximity of incompatible uses).

(13)

Location of any identified wetlands (to comply with standards relating to protection of natural features and/or compliance with local, state and federal laws).

(14)

Outdoor storage or activity areas (to comply with standards relating to outdoor storage of material or outdoor activities).

(15)

Existing and proposed grades at two-foot intervals (to determine any minimum or maximum grade requirements, clear vision requirements and height requirements).

(16)

Cross section showing construction of drives and parking area (to comply with requirements regarding pavement surface and adequacy of base material).

(17)

Floor plan showing existing and proposed uses (to verify gross versus usable floor area and principal versus accessory uses).

(18)

Location of trash receptacles (to determine compliance with chapter requirements regarding location and screening).

(19)

Designation of fire lanes (to determine compliance with fire code requirements).

(20)

Delineation of areas on the site which are known or suspected to be contaminated, together with a report on the status of the cleanup.

(21)

Location of all trees over eight inches caliper (to determine the number of applicable credits received for preserving existing trees on site).

(22)

Location of exterior drains, dry wells, catchbasins, retention/detention areas, sumps, and other facilities designed to collect, store or transport stormwater or wastewater. The point of discharge for all drains and pipes should be specified on the site plan.

(23)

Location of all underground and aboveground storage tanks for such uses as fuel storage, waste oil holding tanks, chemical storage, hazardous waste storage, collection of contaminated stormwater or wash water, and all similar uses.

(24)

Location and size of interior and exterior areas and structures to be used for storage, use, loading/unloading, recycling, or disposal of hazardous substances.

(25)

Additional information the individual or body responsible for reviewing and approving a site plan may determine necessary to establish compliance with the requirements of this chapter.

(26)

The individual or body responsible for reviewing and approving a site plan may waive any of the requirements above either on an individual basis or by establishment of an administrative rule when the information is not needed to determine compliance of the site with the requirements of this chapter.

(Ord. No. 66, § 2, 9-14-2015)

(a)

Besides having the authority to review and approve plot plans for uses and structures that do not require the detail of a site plan as outlined in section 36-23, the zoning administrator is authorized to review and approve site plans under the following circumstances:

(1)

Prior to construction of an addition of 1,000 square feet or less in size to any principal structure other than a single-family or duplex residence unless the addition increases the size of the principal structure by 50 percent or more, additional parking is required, or the addition substantially changes the character of the site.

(2)

Prior to construction of any accessory structure 1,000 square feet or more in size other than accessory structures related to a single-family or duplex residence.

(b)

The zoning board of appeals is authorized to approve a site plan submitted as part of an application to change a nonconforming use to another nonconforming use, following review and recommendation by the planning commission.

(c)

Site plans submitted as a part of a conditional use permit application shall be reviewed by the planning commission, who upon review shall either recommend approval, denial or approval with conditions. The village council is authorized to approve, deny or approve the site plan with conditions.

(d)

The planning commission is authorized to review and approve all other site plans.

(Ord. No. 66, § 2, 9-14-2015)

The site plan review process is intended to allow the village the opportunity to review a proposed development prior to its construction to determine compliance with the requirements of this chapter. The village's intention is to handle each application as expeditiously as possible while conducting an appropriately thorough review.

(1)

Preliminary review (optional).

a.

The option of preliminary site plan review is provided in order to allow an applicant for site plan review the opportunity to investigate with village officials the viability of a proposed development prior to preparing a complete site plan. An applicant for site plan review may request a preliminary review of a site plan to obtain information on potential site development issues including setbacks, drainage, access, signage and potential buffering requirements, and in order to request the waiving of particular site plan information requirements. At a minimum, this preliminary site plan should show:

1.

Lot dimensions.

2.

Building dimensions and setbacks.

3.

Proposed parking areas.

4.

Proposed driveways.

5.

Proposed drainage patterns and water and sewer connections.

b.

The preliminary review should be conducted by the person or body responsible for final review and approval. The review is advisory only and subject to change based on changes to ordinance requirements, changes in conditions or as a result of additional information.

(2)

Zoning administrator site plan review. In those instances where the zoning administrator is authorized to review and approve a site plan, he shall have ten working days following receipt of a complete site plan to review, and approve or deny it. This time frame may be extended with the approval of the applicant. Prior to making a determination on a site plan, the zoning administrator shall submit copies to the village police department, fire department and department of public works who shall have five working days to review and submit their comments to the zoning administrator.

(3)

Planning commission site plan review. In those instances were the planning commission is authorized to review and approve a site plan, the applicant shall submit the site plan to the zoning administrator at least ten working days prior to the planning commission meeting at which it is to be reviewed for approval. Prior to the planning commission making a determination on a site plan, the zoning administrator shall submit copies to the village police department, fire department and department of public works, who shall have five working days to review and submit their comments to the planning commission. Following their review of the site plan, the commission shall do one of following:

a.

Approve the site plan;

b.

Approve the site plan with conditions;

c.

Table the site plan pending required additional information;

d.

Disapprove the site plan.

(4)

Village council site plan review.

a.

For site plans submitted as part of conditional use permit applications, the planning commission reviews the site plan and makes a recommendation to village council. The applicant shall submit the site plan to the zoning administrator at least ten working days prior to the planning commission meeting at which it is to be reviewed for approval. Prior to the planning commission making a determination on a site plan, the zoning administrator shall submit copies to the village police department, fire department and department of public works, who shall have five working days to review and submit their comments to the planning commission. Following their review of the site plan, the commission shall do one of following:

1.

Recommend approval of the site plan.

2.

Recommend approval of the site plan with conditions.

3.

Table the site plan pending required additional information.

4.

Recommend disapproval of the site plan.

b.

The planning commission recommendation shall be forwarded in writing to the village council, who shall do one of the following, after a public hearing on the proposed conditional use permit and a vote by the council to approve that permit:

1.

Approve the site plan.

2.

Approve the site plan with conditions.

3.

Table the site plan pending required additional information.

4.

Disapprove the site plan.

(5)

Consultant review. In those instances where the planning commission and/or zoning administrator determine it necessary, the village may submit a site plan for review by a professional consultant. The cost of this consultant review shall be paid by the applicant, provided an estimate of the review cost is obtained from the consultant and provided to the applicant in advance. Upon receiving an estimate of the consultant review cost, the applicant may withdraw the application if he wishes.

(6)

Record of review. Following a determination of approval or denial of a site plan, the applicant shall be notified by regular mail of the decision of the planning commission or zoning administrator. The notice shall identify any conditions attached to approval, and in the case of denial, it shall identify the basis for denial. A record of the decision shall be filed with the village clerk, including:

a.

A copy of the submitted site plan.

b.

A copy of the planning commission's determination mailed to the applicant.

c.

A copy of any meeting minutes related to the site plan.

d.

A copy of any other relevant records related to the site plan.

(7)

Appeal of site plan decision. Any person aggrieved by the decision of the zoning administrator or planning commission in granting or denying a site plan may appeal the decision to the zoning board of appeals. The appeal must be filed within 21 days of the decision and state the basis for the appeal.

(Ord. No. 66, § 2, 9-14-2015)

All approved site plans shall comply with the appropriate district regulations, parking requirements, general provisions and other requirements of this chapter as they apply to the proposed site plan. In addition, each site plan shall comply with the following requirements:

(1)

Sidewalks and other walkways, driveways, parking areas, loading areas and maneuvering lanes will be designed to promote traffic safety, minimize turning movement conflicts, eliminate the stacking of cars within the public right-of-way, minimize vehicle/pedestrian conflicts, provide adequate access for fire, police, ambulance and other emergency services personnel, minimize the number of driveways with access onto major streets, promote adequate spacing between driveways, ensure adequate geometric design of streets and promote shared access.

(2)

Adequate transition areas or buffers will be provided between land uses to minimize off-site conflicts due to noise, light, smoke, odor or other nuisances and to maintain physical attractiveness.

(3)

Utility service is adequate to serve the needs of the development. Water pressure and capacity are adequate to meet usage and firefighting needs. Sewer lines are adequate to handle the increased flow projected by the land use, and the village has adequate treatment capacity at the wastewater treatment plant. Stormwater facilities are adequate to handle any increased water runoff, which will be minimized through the use of stormwater retention and detention facilities when appropriate. The site shall be designed to ensure that there is no increase in runoff on to adjacent sites and that existing drainage patterns are not harmed.

(4)

Physical improvements including sidewalks, drives and parking areas shall be built to adequate standards to minimize premature deterioration.

(5)

Sites at which hazardous substances are stored, used or generated shall be designed to prevent spill or discharges to the air, surface of the ground, groundwater, streams, drains or wetlands. Secondary containment for above ground storage of hazardous material shall be provided.

(Ord. No. 66, § 2, 9-14-2015)

(a)

The planning commission or zoning administrator may condition approval of a site plan on conformance with the standards of another local, county or state agency, such as but not limited to the county drain commission, county health department and the department of environmental quality. They may do so when such conditions:

(1)

Would ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity;

(2)

Would protect the natural environment and conserve natural resources and energy;

(3)

Would ensure compatibility with adjacent uses of land; and

(4)

Would promote the use of land in a socially and economically desirable manner.

(b)

In determining appropriate conditions, the planning commission shall ensure that:

(1)

There is a rough proportionality between the scope of a proposed improvement and the impact to be mitigated; and

(2)

There is a reasonable connection between the condition imposed and the impact it is mitigating.

(Ord. No. 66, § 2, 9-14-2015)

In the interest of ensuring compliance with the provisions of this chapter, protecting the natural resources and the health, safety and welfare of the residents of the village and future users or inhabitants of an area for which a site plan for a proposed use has been submitted, the planning commission or zoning administrator may require the applicant to deposit a performance guarantee as set forth herein. Performance guarantees shall be required in instances where an occupancy permit is requested prior to completion of all improvements on an approved site plan. The purpose of the performance guarantee is to ensure completion of improvements connected with the proposed use as required by this chapter, including but not limited to roadways, lighting, utilities, sidewalks, drainage, fences, screens, walls, landscaping, and widening strips.

(1)

Performance guarantee, as used herein, shall mean a cash deposit, certified check, irrevocable bank letter of credit or corporate surety bond in the amount of the estimated cost of the improvements to be made as determined by the applicant and verified by the zoning administrator.

(2)

Where the planning commission or zoning administrator requires a performance guarantee, said performance guarantee shall be deposited with the village treasurer at the time of the issuance of the zoning permit. The village shall deposit the performance guarantee, if in the form of a cash deposit or certified check, in an interest-bearing account.

(3)

An approved site plan shall also prescribe the period of time within which the improvements for which the performance guarantee has been required are to be competed. The period will begin from the date of the issuance of the building permit.

(4)

In the event the performance guarantee deposited is a cash deposit or certified check, the village shall rebate to the applicant 50 percent of the deposited funds when 60 percent of the required improvements are completed as confirmed by the zoning administrator, and the remaining 50 percent of the deposit funds when 100 percent of the required improvements are completed as confirmed by the zoning administrator. If a request is made by the applicant for a temporary certificate of occupancy without completion of required exterior improvements, the performance guarantee may be applied by said applicant to ensure compliance with the standards of this chapter and the specifications of the approved site plan.

(5)

Upon the satisfactory completion of the improvements for which the performance guarantee was required, as determined by the zoning administrator, the treasurer shall return to the applicant the performance guarantee deposited and any interest earned thereon.

(6)

In the event the applicant defaults in making the improvements for which the performance guarantee was required within the time period established by the village, the village shall have the right to use the performance guarantee deposited and any interest earned thereon to complete the improvements through contract or otherwise, including specifically the right to enter upon the subject property to make the improvements. If the performance guarantee is not sufficient to allow the village to complete the improvements for which it was posted, the applicant shall be required to pay the village the amount by which the costs of completing the improvements exceeds the amount of the performance guarantee. Should the village use the performance guarantee or a portion thereof to complete the required improvements, any amount remaining after said completion shall be applied first to the village's administrative costs in completing the improvement with any balance remaining being refunded to the applicant. If the applicant has been required to post a performance guarantee or bond with another governmental agency other than the village to ensure completion of an improvement associated with the proposed project prior to the village's conditional approval, the applicant shall not be required to deposit with the village a performance guarantee for that specific improvement. At the time the performance guarantee is deposited with the village and prior to the issuance of a building permit, the applicant shall enter an agreement incorporating the provisions hereof with the village regarding the performance guarantee.

(Ord. No. 66, § 2, 9-14-2015)

State Law reference— Performance guarantee, MCL 125.3505.

(a)

All work conducted related to a project with an approved site plan shall be in conformance to that site plan. Minor changes to the site plan may be approved by the zoning administrator, as long as the change does not result in:

(1)

A significant change in the use, intensity or character of the development.

(2)

A significant increase in lot coverage.

(3)

A reduction in required off-street parking or loading areas or drainage retention or detention capacity.

(4)

Reduction in pavement widths or utility pipe size.

(b)

Major changes to a site plan require review and approval as required if the plan were new.

(Ord. No. 66, § 2, 9-14-2015)

Approval of a proposed site plan shall expire within one year of approval if a building permit has not been applied for and construction begun based on the site plan. Once construction has begun, the project must be completed within one year. The individual or body responsible for reviewing and approving a site plan may extend site plan approval up to one year prior to application of a building permit and up to two years once construction has begun with a finding that financial, regulatory or other considerations have delayed work on the project.

(Ord. No. 66, § 2, 9-14-2015)

The regulation of land uses in the village is accomplished by this chapter which designates zoning districts and sets forth uses allowed in each district. The intent of this division is to recognize and provide for certain uses which are allowable only if they comply with standards which ensure their being harmonious with the general character of the district in which they may be located.

(Ord. No. 66, § 2, 9-14-2015)

(a)

Only uses which have been designated as conditional uses in each respective zoning district shall be considered for approval as conditional uses.

(b)

All uses of land or structures which are designated as conditional uses in this chapter shall require the granting of a conditional use permit in accordance with the procedures of section 36-89, prior to the issuance of a zoning permit.

(c)

Reserved.

(d)

The planning commission may recommend and the village council impose additional conditions and stipulations which are deemed necessary for the protection of the neighborhood and the general welfare of the public.

(e)

Approval of a request for a conditional use permit shall not be granted if the village council finds that such conditional use would fail to comply with any of the requirements of this chapter.

(f)

All conditional use permit applications shall require the following:

(1)

A written application form as approved by the village council. Such form shall indicate in necessary detail the type of use, size, location and estimated time until occupancy of the proposed use. The application shall also state how the proposed development would meet the conditional use permit standards.

(2)

A conditional use permit fee as established by village council.

(3)

A site plan meeting the requirements of division 2 of this article.

(4)

The planning commission or the village council may further require that the applicant furnish any engineering or architectural drawings, specifications, operating plans or any other reasonable data or information deemed necessary to determine the appropriateness of the proposed conditional use.

(g)

In any case, where a conditional use has not begun construction within one year after the granting or approval of the conditional use permit, then the conditional use permit shall become null and void and the zoning permit shall be canceled. The village council may extend conditional use permit approval up to one year prior to application of a building permit and up to two years once construction has begun with a finding that financial, regulatory or other considerations have delayed work on the project.

(h)

Violations of requirements of the conditional use permit or of any other portions of this chapter may result in the holding of a show cause hearing by the village council following the notice requirements in section 36-24 (d) for consideration of cancellation of the conditional use permit. Reinstatement shall require reapplication for the conditional use permit following the procedures in this section.

(Ord. No. 66, § 2, 9-14-2015)

(a)

Initiation of request for conditional use. Any person owning or having an interest in property in the village may initiate a request to operate or maintain a conditional use in the village by submitting an application for a conditional use permit, as outlined in section 36-88(f).

(b)

Application for conditional use permit. An application for a conditional use permit shall be filed with the zoning administrator.

(c)

Review of application by zoning administrator. The zoning administrator shall review the application and supporting documents and indicate, by endorsement, that the application has been properly executed. Within 30 days of the completed application being submitted to the zoning administrator, the application shall then be forwarded to planning commission for review and public hearing.

(d)

Review and hearing by planning commission. Upon receipt, in proper form of the completed conditional use application, the planning commission shall review said application to ensure that all conditions of this division have been complied with. The planning commission shall hold at least one public hearing on each application for a conditional use permit. A public hearing shall be held by the planning commission within 30 days of receipt of the application from the zoning administrator. Notice of the hearing shall be made as specified in section 36-24(d) of this chapter.

(e)

Recommendation by planning commission. For each application for a conditional use permit, the planning commission shall recommend to the village council either approval, conditional approval or denial of the conditional use permit. The planning commission shall state such recommendation in writing, stating reasons and conditions of recommendation, and shall forward this to the village council within 15 days of making the recommendation.

(f)

Review and decision by village council. Upon receipt of the application and supporting data and the recommendation with supporting data from the planning commission, the village council shall review said application. Based on this review to determine if all conditions have been complied with, the village council shall approve, approve with conditions, or deny the request for the conditional use permit.

(g)

Site plan approval. Conditional use permit approval does not necessitate site plan approval. For site plans submitted as part of a conditional use permit application, the planning commission shall recommend approval, denial, or approval with conditions. The authority to approve the site plan is given to village council, who shall either approve the site plan, deny the site plan or approve the site plan with conditions.

(h)

Effect of approval of request for conditional use permit. The conditional use permit shall become effective on the date of the favorable vote by the village council. Approval of the request for the conditional use permit and approval of the site plan shall authorize the zoning administrator to issue the zoning permit.

(i)

Effect of denial of request for conditional use permit. In the event that a request for a conditional use permit is denied in whole or in part by the village council, an application for a permit for the same conditional use shall not be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the planning commission.

(j)

Recordkeeping. The village clerk shall keep a record of all conditional use permit applications, including a copy of the application form, site plan, minutes from all relevant planning commission meetings (including public hearing) and minutes from all relevant village council meetings.

(k)

Appeals. Appeals to conditional use permit decisions made by the village council shall be made to the circuit court.

(Ord. No. 66, § 2, 9-14-2015)

For each application for a conditional use permit, the planning commission shall conduct a public hearing in accordance with procedures outlined in section 36-24. Matters to be considered shall be the provisions as stipulated for respective uses in accordance with article IX of this chapter.

(Ord. No. 66, § 2, 9-14-2015)

A request for the approval of a conditional use permit may be considered, provided the following conditions are ensured:

(a)

The proposed use, activities, processes, materials, equipment and conditions of operation will not be detrimental to the public welfare, persons or property by reason of excessive noise, fumes, dust, glare, traffic or objectionable odors.

(b)

Essential public facilities and services such as roads, fire and police protection, drainage facilities, refuse disposal, schools are adequate for the proposed use or are capable of being adequately provided for.

(c)

The proposed use, activities, processes, materials and equipment and conditions of operations shall be consistent with the goals, objectives and policies of the Village Master Plan.

(d)

The proposed land use or activity is compatible with the adjacent uses of land and the natural environment.

(Ord. No. 66, § 2, 9-14-2015)

The zoning board of appeals shall act upon the following questions as they arise in the administration of this chapter:

(1)

The interpretation of the zoning map and this chapter.

(2)

Appeals from an order, requirement, decision or determination made by an administrative official or body charged with the enforcement of this chapter.

(3)

Requests for variance in the non-use requirements of this chapter including height, setback, building size, lot coverage, lot width and lot size as well as street parking and loading requirements, but not including the use requirements of this chapter.

(Ord. No. 66, § 2, 9-14-2015)

The zoning board of appeals shall not have the power to alter or change the zoning district classification of any property nor to make any change in the terms of this chapter. Any decision of the zoning board of appeals, after following correct and lawful procedure, shall take immediate effect. The reasons for all ZBA decisions shall be stated in writing and made available to the general public within seven days after a decision. All decisions by the ZBA are final.

(Ord. No. 66, § 2, 9-14-2015)

The zoning board of appeals is hereby established. The standards for membership for that body shall be as follows:

(1)

Membership. The zoning board of appeals shall consist of five members. Members shall be appointed by the village council, to serve for a period of three years except the first appointments made hereby; two members shall be appointed for one year, two members for two years, and one member for three years. Thereafter, all appointments shall be made for three years.

(2)

Alternate members. The village council shall also appoint two alternate members for the same terms as regular members of the zoning board of appeals. The first member so appointed shall serve for a term of two years and the second alternate member shall serve for a term of three years. Thereafter, all appointments shall be made for three years. The alternate members shall be called on a rotating basis to sit as regular members of the zoning board of appeals in the absence of a regular member. Upon notification of the planned absence of a regular zoning board of appeals member, an alternate member shall be designated to attend the meeting in place of the regular member. If another regular member should also be absent, the other alternate shall be designated to sit in that regular member's place. If only one alternate member is needed for a meeting, the next time an alternate member is needed, the other alternate shall first be designated to serve. Alternate members shall have the same voting rights as regular members of the zoning board of appeals. An alternate member may also be called to serve in the place of a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of conflict of interest. The alternate member shall serve in a case until a final decision has been made.

(3)

Qualifications. No more than one member of the planning commission or one member of the village council may serve as either a regular or alternate member of the zoning board of appeals.

(Ord. No. 66, § 2, 9-14-2015)

Meetings of the zoning board of appeals shall be held at the call of the chairman of the zoning board of appeals and at such other times as the board may specify in the rules of procedure. All meetings must comply with the Open Meetings Act, Public Act No. 267 of 1976 (MCL 15.261 et seq.). The board shall maintain a record of its proceedings, which shall be filed in the office of the village clerk and which shall be a public record.

(Ord. No. 66, § 2, 9-14-2015)

(a)

Voting procedures. The concurring vote of a majority of the members of the zoning board of appeals shall be necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant in any matter upon which it is required to pass under this chapter or to effect any variation in such ordinance. Members of the zoning board of appeals who are also members of the planning commission or village council may not participate in a public hearing on or vote on the same matter that the member voted on as a member of the planning commission, or village council such as an appeal of a site plan approval. However, the member may consider and vote on other unrelated matters involving the same property such as a variance request.

(b)

Notice. When an application for a variance, appeal, interpretation, or other review by the zoning board of appeals has been filed in proper form and with the required date, the zoning administrator shall place that application or appeal on the calendar for a public hearing at the next meeting of the board. Notice of the hearing shall be made as specified in section 36-24 (d) of this chapter.

(c)

Representation. At the hearing, any party may be heard in person or by agent or attorney.

(Ord. No. 66, § 2, 9-14-2015)

Reasonable conditions may be imposed with any affirmative decision by the zoning board of appeals. The conditions may include, but are not limited to, conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:

(1)

Be designed to protect natural resources, the health, safety, and welfare and the social and economic well-being of those who will use the land or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

(2)

Be related to the valid exercise of the police power, and purposes which are affected by the proposed use or activity.

(3)

Be necessary to meet the intent and purpose of this chapter, be related to the standards established in this chapter for the land use or activity under consideration, and be necessary to ensure compliance with those standards.

(Ord. No. 66, § 2, 9-14-2015)

(a)

A variance from the provisions of this chapter may be granted by the zoning board of appeals, subject to the provisions of section 36-116 and upon finding by such board of all of the following that:

(1)

Strict compliance with area, setbacks, frontage, height, bulk, density or other nonuse standard would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity unnecessarily burdensome;

(2)

There are conditions and circumstances unique to the property which are not similarly applicable to other properties in the same zoning district;

(3)

The conditions and circumstances unique to the property were not created by the owner, or his predecessor in title, within the time following the effective date of the provisions alleged to adversely affect such property;

(4)

The requested variance would do substantial justice to the applicant as well as to other property owners in the same zoning district and a lesser relaxation would not give substantial relief and be more consistent with justice to others; and

(5)

In granting this variance the ZBA will ensure that the spirit of this chapter is observed, public safety secured and substantial justice done.

(b)

Only non-use variances shall be permitted. A variance granted under this chapter shall not permit a use not otherwise permitted within the zoning district.

(Ord. No. 66, § 2, 9-14-2015)

(a)

Intent. These variance review procedures are instituted to provide an opportunity for the relaxation of the terms of this chapter through a non-use variance, where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, or his predecessors in title, a literal enforcement of the chapter would result in practical difficulty. As used in this chapter, a variance is authorized only for height, area, and size of structure, or size of yards and open spaces or any other provision of this chapter other than those that regulate the use of a parcel or building; establishment or expansion of a use otherwise prohibited shall not be allowed by use variance, nor shall a use variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.

(b)

Procedures.

(1)

An application for the approval of a non-use variance shall be made, by an owner of an interest in the parcel, to the village clerk accompanied by the necessary fees and documents as provided in this chapter.

(2)

The application shall be accompanied by a plot plan drawn to the scale of one inch equals 20 feet and placed on a standard sheet and containing the following information:

a.

Dimensional elements for which a variance is requested.

b.

Dimensional relationships of the subject parcel to the structures on all adjacent parcels.

(3)

The application shall be accompanied by an affidavit by the applicant explaining how the proposed variance complies with all of the standards for approval listed in section 36-155(a).

(4)

The board shall consider the application for a variance at its next regular meeting, which provides sufficient time for notice, as required heretofore, or within not more than 35 days after receipt of the application by the village clerk, and hear and question any witness appearing before the board. This time line can be extended if the applicant asks for an extension.

(5)

The board shall approve with or without conditions, or disapprove the application and shall communicate its action in writing to the zoning administrator. The zoning administrator shall then communicate this decision to the applicant, the village council, the building official, and the village planning commission within 14 days from the time of the meeting at which it considered the application.

a.

The board shall not approve an application for a non-use variance unless it has found positively that the proposed variance complies with all of the standards for approval listed in section 36-155(a).

(6)

The zoning administrator shall, upon receipt of the notice of approval and upon application by the applicant, accompanied by a receipt duly executed by the village treasurer attesting to the payment of all required fees, issue a zoning permit or such other approval permitting the non-use variance, subject to all conditions imposed by such approval.

(Ord. No. 66, § 2, 9-14-2015)

(a)

Intent. These appeals procedures are instituted to hear and decide appeals from and review any order, requirement, decision, or determination made by an administrative official charged with the enforcement of this chapter.

(b)

Procedures. An appeal shall be filed with the officer from whom the appeal is taken and with the zoning board of appeals specifying the grounds for the appeal.

(1)

Appeals of administrative actions shall be taken to the zoning board of appeals within 30 days of the date of such actions by the filing of a notice of appeal with the zoning administrator.

(2)

The officer from whom the appeal is taken shall forthwith transmit to the board all papers constituting the record upon which the appeal is taken.

(3)

An appeal stays all proceedings in furtherance of action appealed from, unless the officer from whom the appeal is taken certifies to the board after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board, or by the circuit court, on application, on notice to the officer from whom the appeal is taken, and on due cause shown.

(4)

Such appeal may be taken by any person aggrieved or by any officer, department, board, or bureau of the village, county, or state.

(5)

Notice of the hearing of the appeal shall be given in compliance with section 36-113.

(6)

The zoning board of appeals shall hear the appeal within 35 days of the application being filed in its proper form. The board of appeals shall decide the appeal within 14 days of the public hearing for which the appeal was held. The zoning board of appeals may reverse or affirm wholly or partly, or may modify the order, requirement, decision, or determination appealed from and shall make an order, requirement, decision, or determination as in its opinion ought to be made in the premises, and to the end shall have all the powers of the officer or body from whom the appeal is taken. The zoning board of appeals shall reverse an order of an administrative official or body only if it finds that the action or decision appealed meets one or more of the following conditions:

a.

The action or decision was arbitrary or capricious, or

b.

The action or decision was based on an erroneous finding of a material fact, or

c.

The action or decision constituted an abuse of discretion, or

d.

The action or decision was based on erroneous interpretation of this chapter or zoning law.

(7)

Any action by the board shall be stated in writing.

(Ord. No. 66, § 2, 9-14-2015)

(a)

The ZBA shall have the authority to interpret the provisions of this chapter when a requirement, standard, or other text is unclear. When determining if a particular use is included in the definition of a type or group of uses permitted in a district, it shall not interpret a use specifically listed in one district as being inferred as permitted in another district.

(b)

In interpreting the boundaries of zoning district boundaries, the ZBA shall assume, unless there is information indicating otherwise, that zoning district boundaries follow lot lines, the centerline of creeks, streets, or alleys, railroad rights-of-way, section lines one-quarter or one-eight section lines, or corporate boundary lines as they existed when the zoning boundary line was established.

(c)

Interpretation of the ordinance may be requested by the planning commission, village council, or village staff. A member of the general public may request an interpretation following submission of an application and any fee established by the village council.

(Ord. No. 66, § 2, 9-14-2015)

The zoning ordinance can be amended through a text amendment or a map amendment. A map amendment is commonly referred to as a "rezoning".

(Ord. No. 66, § 2, 9-14-2015)

(a)

Any proposal for an amendment to the zoning ordinance text or map may be initiated by any qualified resident voter in the village upon the filing with the village zoning administrator of a petition containing the proposed text or map change and endorsed by village electors numbering not less than five percent of the number of village electors voting for the office of the governor at the last election at which a governor was elected, and accompanied by any necessary documents.

(b)

Any proposal for an amendment to the zoning ordinance map may be initiated by any owner of an interest in the parcel as to the rezoning of such parcel upon the filing with the village zoning administrator of a petition proposing the zone change, accompanied by a map at a scale of not less than one inch equals 50 feet showing the subject parcel in relation to adjoining parcels of land, and the necessary fees for such zone change.

(c)

Any proposal for an amendment to the zoning ordinance text or map may be initiated by the village council or the village planning commission, upon filing with the village zoning administrator a resolution duly adopted and proposing an amendment.

(Ord. No. 66, § 2, 9-14-2015)

(a)

The village clerk shall give notice of the hearing as specified in section 36-24(d) of this chapter.

(b)

At the meeting where an application for a rezoning is considered, the village planning commission shall consider the request in accordance with the following standards:

(1)

The zoning district requested shall be consistent with and promote the intent and purpose of this chapter.

(2)

The proposed zoning district and the uses permitted in that district are compatible with adjacent land uses, the natural environment, and the capabilities of public services affected by the proposed district.

(3)

The zoning district sought is consistent with the public health, safety, and welfare of the village.

(4)

The proposed zoning district is consistent with the village land use plan or a determination is made that the plan is not applicable due to a mistake in the plan, changes in relevant conditions or changes in relevant plan policies.

OPTIONAL STANDARDS:

(1)

In the case of a proposal to amend the zoning ordinance text the village shall find:

a.

The change is necessary to clarify a provision of the ordinance, or

b.

The change is necessary to correct a mistake in the ordinance, or

c.

The change is necessary to implement a goal or policy of the village master plan, or

d.

The change is necessary to improve administration of the ordinance or to better serve the community

e.

In addition to one or more of the above findings, the village must determine that the requested amendment is in compliance with the village master plan or that a mistake in the plan or changes in conditions or village policy have occurred that are relevant to the request. If the village planning commission recommends approval of a request that is not in compliance with the current plan due to a mistake or change in conditions or policy, it shall immediately initiate an amendment to the plan to address the identified mistake or change.

(2)

In the case of a proposed zoning map amendment (rezoning) the village shall find one of the following:

a.

The requested amendment is in compliance with the village master plan or that a mistake in the plan or changes in conditions or village policy have occurred that are relevant to the request. If the village planning commission recommends approval of a request that is not in compliance with the current plan due to a mistake or change in conditions or policy, it shall immediately initiate an amendment to the plan to address the identified mistake or change.

b.

The property cannot be reasonably used as it is currently zoned and the proposed request represents the most suitable alternative zoning classification based on the master plan.

(c)

Following such hearing, the commission shall submit its recommendation, along with a summary of the comments submitted at the public hearing in a report to the village council.

(d)

Following the receipt of the report, the ordinance shall be presented to the village council for consideration.

(Ord. No. 66, § 2, 9-14-2015)

(a)

A zoning text or map amendment shall require a majority vote of the village council members elected to be approved.

(b)

If, prior to voting on a rezoning, the village council is presented with a protest petition signed by one of the following:

(1)

The owners of at least 20 percent of land, excluding publicly owned land proposed to be rezoned;

(2)

The owners of at least 20 percent of the area of land included within an area extending outward 100 feet from any point on the boundary of the land included in the rezoning, excluding publicly owned land.

Then a zoning text or map amendment shall require a two-thirds majority vote of the village council to be approved.

(Ord. No. 66, § 2, 9-14-2015)

Following adoption of the zoning amendment, one notice of adoption shall be published in a newspaper of general circulation in the village within 15 days of adoption. The notice shall include:

(1)

A summary of the regulatory effect of the amendment or the actual text of the amendment.

(2)

The effective date of the amendment.

(3)

The place and time where a copy of the ordinance may be purchased or inspected.

(Ord. No. 66, § 2, 9-14-2015)

(a)

Section 10.4.1 Purpose. It is recognized that there are certain instances where it would be in the best interests of the village, as well as advantageous to property owners seeking a change in zoning boundaries, if certain conditions could be proposed by property owners as part of a request for a rezoning. It is the intent of this section to provide a process consistent with the provisions of Section 405 of the Michigan Zoning Enabling Act (PA 100 of 2006) by which an owner seeking a rezoning may voluntarily propose conditions regarding the use and/or development of land as part of the rezoning request.

(b)

Application and offer of conditions.

(1)

An owner of land may voluntarily offer in writing conditions relating to the use and/or development of land for which a rezoning is requested. This offer may be made either at the time the application for rezoning is filed or may be made at a later time during the rezoning process.

(2)

The required application and process for considering a rezoning request with conditions shall be the same as that for considering rezoning requests made without any offer of conditions, except as modified by the requirements of this section.

(3)

The owner's offer of conditions may not purport to authorize uses or developments not permitted in the requested new zoning district.

(4)

Approval of a conditional rezoning does not guarantee approval of any special use permit which may be required as part of the conditional rezoning project, and review of the special use permit must follow the procedures outlined in article 9 before development can begin.

(5)

Approval of a conditional rezoning does not guarantee approval of any variance which may be required as part of the conditional rezoning project, and review of the variance must follow the procedures outlined in article 5 before development can begin.

(6)

Approval of a conditional rezoning does not guarantee approval of any site plan which may be required as part of the conditional rezoning project, and review of the site plan must follow the procedures outlined in article 11 before development can begin.

(7)

The offer of conditions may be amended during the process of rezoning consideration provided that any amended or additional conditions are entered voluntarily by the owner. An owner may withdraw all or part of its offer of conditions any time prior to final rezoning action of the village council provided that, if such withdrawal occurs after the planning commission's public hearing on the original rezoning request, then the rezoning application shall be referred to the planning commission for a new public hearing and a new recommendation, with notice as required by this article.

(c)

Planning commission review. After public hearing public hearing and consideration of the factors for rezoning set forth in section 10.03 of this chapter, the planning commission may:

(1)

Recommend approval of the conditional rezoning.

(2)

Recommend approval of the conditional rezoning with changes.

(3)

Recommend denial of the conditional rezoning.

(4)

Provided, however, that any recommended changes to the offer of conditions are acceptable to and offered by the owner.

(d)

Village council review. After receiving the planning commission's recommendation, the village council shall deliberate upon the requested rezoning and may approve or deny the conditional rezoning request. The village council's deliberations shall include, but not be limited to, a consideration of the factors for rezoning set forth in section 10.03 of this chapter. Should the village council propose amendments to the proposed conditional rezoning and amendments are acceptable to and offered by the owner, then the rezoning application shall be referred to the planning commission for a new public hearing and a new recommendation, with notice as required by this article.

(e)

Approval.

(1)

If the village council finds the owner's rezoning request and offer of conditions acceptable, the offered conditions shall be incorporated into a formal written statement of conditions provided said conditions conform with this section. The statement of conditions shall be incorporated into the ordinance adopted by the village council.

(2)

The statement of conditions shall:

a.

Be prepared as a notarized affidavit prepared and signed by the owner.

b.

Contain a legal description of the land to which it pertains.

c.

Contain a statement acknowledging that the statement of conditions runs with the land and is binding upon successor owners of the land unless otherwise specified by this section.

d.

Include any diagram, plans or other documents submitted that are necessary to illustrate the implementation of the statement of conditions.

e.

Contain the notarized signatures of all of the owners of the subject land preceded by a statement attesting to the fact that they voluntarily offer and consent to the provisions contained within the statement of conditions.

(3)

Upon the rezoning taking effect, the zoning map shall be amended to reflect the new zoning classification along with a designation that the land was rezoned with a statement of conditions. The zoning map shall also include a listing of all lands rezoned with a statement of conditions.

(f)

Compliance with conditions.

(1)

Any person who establishes a development or commences a use upon land that has been rezoned with conditions shall continuously operate and maintain the development or use in compliance with all of the conditions set forth in the statement of conditions. Any failure to comply with a condition contained within the statement of conditions shall be deemed a nuisance per se and shall constitute a violation of this zoning ordinance and be punishable accordingly.

(2)

No permit or approval shall be granted under this chapter for any use or development that is contrary to an applicable statement of conditions.

(g)

Time period for establishing development or use. Unless another time period is specified in the Ordinance rezoning the subject land, the site plan for approved development shall be submitted within two years after the rezoning took effect. In cases where a site plan is not required, the approved use of land or buildings must have commenced within one year unless another time period is specified in the ordinance rezoning the subject land. These time limitations may upon written request be extended by the village council if:

(1)

It is demonstrated to the village council's reasonable satisfaction that there is a strong likelihood that the development and/or use will commence within the period of extension and proceed diligently thereafter to completion.

(2)

The village council finds that there has not been a change in circumstances that would render the current zoning with statement of conditions incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy.

(3)

All applicable project completion deadlines in this chapter related to site plans, special use permits and variances shall apply.

(h)

Reversion of zoning. If approved development and/or use of the rezoned land does not occur within the time frame specified under subsection 10.4.7 above, then the land shall revert to its former zoning classification as set forth in MCL 125.3405. The reversion process shall be initiated by the village council requesting that the planning commission proceed with consideration of rezoning of the land to its former zoning classification. The procedure for considering and making this reversionary rezoning shall be the same as applies to all other rezoning requests.

(i)

Subsequent rezoning of land. When land that is rezoned with a statement of conditions is rezoned to a different zoning classification or to the same zoning classification but with a different or no statement of conditions, whether as a result of a reversion of zoning pursuant to subsection 10.4.8 above or otherwise, the statement of conditions imposed under the former zoning classification shall cease to be in effect. If a statement of conditions has been recorded, upon the owner's written request, the village clerk shall record with the Tuscola County Register of Deeds a notice that the statement of conditions is no longer in effect.

(j)

Amendment of conditions.

(1)

During the time period for commencement of an approved development or use specified pursuant to subsection 10.4.7 or during any extension granted by the village council, the village shall not add to or alter the conditions in the statement of conditions.

(2)

The statement of conditions may be amended in the same manner as was prescribed for the original rezoning and statement of conditions.

(k)

Village right to rezone. Nothing in the statement of conditions nor in the provisions of this section shall be deemed to prohibit the village from rezoning all or any portion of land that is subject to a statement of conditions to another zoning classification. Any rezoning shall be conducted in compliance with this chapter and the Michigan Zoning Enabling Act.

(l)

Failure to offer conditions. The village shall not require an owner to offer conditions as a requirement for rezoning. The lack of an offer of conditions shall not affect an owner's rights under this chapter.

(Ord. No. 66, § 2, 9-14-2015)