Scio Township City Zoning Code

The township board may, from time to time, amend, modify, supplement, or revise the district boundaries or the provisions and regulations of this chapter. Amendments may be initiated by the township board or the township planning commission, by petition of one or more property owners of the township, or by one or more persons acting on behalf of a property owner of the township. All proposed amendments shall be referred to the township planning commission for review, public hearing, and recommendation before action may be taken thereon by the township board.

(Ord. No. 275, § 16.01, 10-21-2003; Ord. No. 2007-02, § 2(16.01), 6-12-2007)

1. The procedure for amending this chapter shall be in accordance with Public Act No. 110 of 2006 (MCL 125.3101 et seq.).
2. Application for amendment shall be made by submitting the application, along with required information and the required fee, at the township office. After receipt of filing, the clerk shall transmit a copy of the application and required information to the planning commission. The planning commission shall establish a date for a public hearing on the application and give proper notice of the hearing, including notice to property owners and occupants in the vicinity, as provided in Public Act No. 110 of 2006 (MCL 125.3101 et seq.).
3. Requirements of written notice to property owners shall not apply to comprehensive revisions to the zoning ordinance, i.e., if 11 or more adjacent properties are proposed for rezoning. Public hearing requirements shall apply to amendments initiated by the township board, the township planning commission and by any other governmental agency or body.

(Ord. No. 275, § 16.02, 10-21-2003; Ord. No. 2007-02, § 2(16.02), 6-12-2007)

1. If a petition involves an amendment to the official zoning map, the petitioner shall submit the following information:
   1. A legal description of the property, including a street address and tax code numbers.
   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 petitioner, the record owner, and all other parties claiming an interest in said property.
   4. The petitioner's interest in the property. If the petitioner is not the record owner, the name and address of the record owners, and the record owners' and other interested parties' signed consent to the petition. The consent of mortgagees, lien holders, and similar such parties shall not be required.
   5. Signatures of petitioners and owners certifying the accuracy of the information.
   6. Identification of the zoning district requested and the existing zoning classification of property.
   7. A vicinity map showing the location of the property, and adjacent land uses and zoning districts.
2. If a petition involves a change in the text of the zoning ordinance, the petitioner shall submit the following information:
   1. A detailed statement of the proposed amendment, clearly and completely setting forth all proposed provisions and regulations, including all changes in the zoning ordinance necessary to accommodate the proposed amendment.
   2. Name and address of the petitioner.
   3. Reasons for the proposed amendment.

(Ord. No. 275, § 16.03, 10-21-2003; Ord. No. 2007-02, § 2(16.03), 6-12-2007)

1. In reviewing any petition for a zoning amendment, the planning commission shall evaluate all factors relevant to the petition and shall make its recommendations for disposition of the petition to the township board.
2. The factors to be considered by the planning commission may include, but shall 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 result from approval or denial of the petition.
   3. The capability of the township or other government agencies to provide any services, facilities, and/or programs that might be required if the petition were approved.
   4. Effect of approval of the petition on the condition and/or value of property in the township or in adjacent civil divisions.
   5. Effect of approval of the petition on adopted development policies of the township and other government units.
3. All findings shall be made a part of the public records of the meetings of the planning commission and the township board.

(Ord. No. 275, § 16.04, 10-21-2003; Ord. No. 2007-02, § 2(16.04), 6-12-2007)

As an alternative to a rezoning amendment as described in section 36-459, the township may allow conditional rezoning to help ensure the proper use of land and natural resources and to allow for a more flexible approach to the rezoning process in accordance with Public Act No. 110 of 2006 (MCL 125.3101 et seq.). It is recognized that, in certain instances, it would be an advantage to both the township and petitioners seeking rezoning of land if a site plan, along with conditions and limitations that may be relied upon by the township, could be proposed as part of a petition for rezoning. Conditional rezoning of land must follow the standards and procedures as noted below.

1. The amendment procedure for a conditional rezoning shall follow the same procedure as a traditional rezoning amendment pursuant to this article.
2. In addition to the procedures as noted in sections 36-460 and 36-464, the following specific procedures, standards, and requirements apply to all proposed conditional rezoning requests.
   1. A conditional rezoning request must be voluntarily offered by an owner of land within the township. All offers must be made in writing and must provide the specific conditions to be considered by the township as a part of the rezoning request. All offers shall be in the form of a written agreement approvable by the township and property owner, incorporating the conditional rezoning site plan and setting forth any conditions and terms mutually agreed upon by the parties relative to the land for which the conditional rezoning is sought.
   2. Conditional rezoning shall not allow a use or activity that would not otherwise be allowed in the proposed zoning district.
   3. Conditional rezoning shall not alter any of the various zoning requirements for the uses in question, i.e., parking, landscaping, lot area, lot width, building height, setbacks, lot area coverage, etc. Conditional rezoning shall not grant zoning variances of any kind. Any zoning variance must follow the provisions of article XIV of this chapter.
   4. Conditional rezoning shall not grant conditional land use approval. The process for review and approval of conditional land uses must follow the provisions of article VII of this chapter.
   5. All conditions offered by a land owner in relation to a rezoning request must have a direct relationship to the rezoning itself. The provisions to allow conditional rezoning shall not be construed to allow rezoning by exaction.
   6. In addition to the informational requirements provided for in section 36-461 the applicant must provide a conditional rezoning site plan prepared by a licensed professional allowed to prepare such plans under this chapter, that may show the location, size, height or other measures for and/or of buildings, structures, improvements and features, including natural features on, and in some cases adjacent to, the property that is the subject of the conditional rezoning of land. The details to be offered for inclusion in the conditional rezoning site plan shall be determined by the applicant, subject to approval of the township. A conditional rezoning site plan shall not replace the requirement under this chapter for site plan review and approval, or subdivision or site condominium approval, as the case may be.
3. Time limits and reversion of land to previous district.
   1. If the proposed conditions of rezoning are acceptable to the township, the township may establish a time period during which the conditions apply to the property and must be met. If the conditions are not satisfied within the time specified under this section, the property shall revert to its former zoning classification unless an extension is granted as noted below. Reversion of a property back to its former classification must follow the rezoning amendment provisions as provided in section 36-460.
   2. Unless a reversion of the zoning takes place as described in the section above, the approved conditional rezoning shall be binding upon the subject property owner, his heirs, successors, assigns, and transferees.
   3. Upon approval of a conditional rezoning, a copy of the written agreement between the property owner and township shall be filed with the county register of deeds, which shall act to provide notice to all subsequent owners of the property of the conditions approved and agreed to by the township.
   4. The township may not add to or alter any conditions approved as a part of a rezoning during the time period specified above.
   5. The time limits specified and approved by the township may be extended upon the application of the landowner and approval of the township.
4. Review procedures. The factors found in section 36-462 must be considered in any conditional rezoning request.

(Ord. No. 2007-02, § 2(16.05), 6-12-2007)

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 amendment published.

(Ord. No. 275, § 16.05, 10-21-2003; Ord. No. 2007-02, § 2(16.06), 6-12-2007)

Following township board approval of a petition to amend the zoning ordinance, notice of the amendment shall be published within 15 days after adoption in a newspaper of general circulation within the township. The notice of adoption shall include the following information:

1. Either a summary of the regulatory effect of the amendment, including the geographic area affected, or the 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. 275, § 16.06, 10-21-2003; Ord. No. 2007-02, § 2(16.07), 6-12-2007)

1. Within seven days after publication of a zoning ordinance under section 36-465, a registered elector residing in the portion of the township outside the limits of the cities and villages, may file with the township clerk a notice of intent to file a petition under this section. If a notice of intent is filed, then within 30 days following the publication of the zoning ordinance, a petition signed by a number of registered electors residing in the portion of the township outside the limits of cities and villages equal to not less than 15 percent of the total vote cast for all candidates for governor, at the last preceding general election, at which a governor was elected in the township may be filed with the township clerk requesting the submission of an ordinance or part of an ordinance to the electors residing in the portion of the township outside the limits of cities or villages for their approval.
2. Upon the filing of a notice of intent, the ordinance or part of the ordinance adopted by the township board shall not take effect until one of the following occurs:
   1. The expiration of 30 days after publication of the ordinance, if a petition is not filed within that time.
   2. If a petition is filed within 30 days after publication of the ordinance, the township clerk determines that the petition is inadequate.
   3. If a petition is filed within 30 days after publication of the ordinance, the township clerk determines that the petition is adequate and the ordinance or part of the ordinance is approved by a majority of the registered electors residing in the portion of the township outside the limits of cities and villages voting thereon at the next regular election which supplies reasonable time for proper notices and printing of ballots, or at any special election called for that purpose.
3. The township board shall provide the manner of submitting an ordinance or part of an ordinance to the electors for their approval or rejection, and determining the result of the election.

(Ord. No. 275, § 16.07, 10-21-2003; Ord. No. 2007-02, § 2(16.08), 6-12-2007)