The provisions of this ordinance shall be administered by the Planning Commission, the Zoning Board of Appeals and the Township Board of Trustees in conformance with applicable state of Michigan enabling legislation.

a.

Responsibility: The Township Board shall employ a Zoning Administrator to act as its officer to effect proper and adequate administration of this ordinance. The term of employment, compensation, and any other conditions of employment shall be established by the Township Board. For the purposes of this ordinance, the Zoning Administrator shall have policing powers.

b.

Duties and Limitations of Zoning Administrator: All applications for permits or certificates shall be submitted to the Zoning Administrator who may issue certificates of occupancy or sign permits when all applicable provisions of this ordinance have been met. The Zoning Administrator and his staff shall be empowered to make inspections of buildings or premises to carry out his duties in the enforcement of this ordinance.

The Zoning Administrator shall record all nonconforming uses existing at the effective date of this ordinance.

Under no circumstances is the Zoning Administrator permitted to make changes in this ordinance nor to vary the terms of this ordinance in carrying out his/her duties.

c.

Certificate Of Occupancy: A Certificate of Occupancy shall be obtained from the building inspector for any of the following:

1)

Change in the use of land or building that involves renovation, expansion or substantial modification of the structure or land.

2)

Any change in use or enlargement of a nonconforming use or building.

d.

Application For Certificate Of Occupancy:

1)

Application: In all cases where a building permit is required, written application for a certificate of occupancy shall be made coincident with the application for such building permit.

2)

Information Required: Application for a Certificate of Occupancy shall be accompanied by all necessary information to obtain a building permit as required by the building department.

3)

Accessory Buildings or Structures: Accessory buildings or structures, when erected at the same time as the principal building or structures on a lot shown on the application therefor, shall not require a separate certificate of occupancy.

4)

Record of Application: A record of all such applications for certificate of occupancy shall be kept on file by the building inspector. Whenever the building, structure, premises and uses thereof as set forth on the application are in conformity with the provisions of this code and other applicable regulations, it shall be the duty of the building inspector to issue any necessary building permit and when such permit is denied, to state refusal in writing, with cause.

5)

Issuance of Certificate of Occupancy: After notification that the building, structure or premises, or part thereof is completed and approved final inspections have been made the building inspector shall issue a certificate of occupancy which shall show such compliance. When a certificate of occupancy is denied on the grounds of a zoning violation or construction code, such refusal shall be stated in writing with reasons for said denial.

A temporary Certificate of Occupancy may be issued by the Building Inspector for a part of a building or structure or premises prior to completion of the entire building, structure or premises, provided it is sufficiently clear all provisions of this ordinance will be met. A performance bond or other financial assurance may be required as needed.

(Ord. 97-Z-03, 11-3-1997, eff. 12-12-1997)

a.

Creation and Membership: The Planning Commission shall be organized pursuant to P.A. 110 of 2006, as amended, and shall have the duties and powers prescribed by that law.

b.

Organization and Procedures: The Planning Commission may adopt its own rules of procedure as may be necessary to conduct its meetings and to carry out its functions. The rules of procedure shall address meeting times, officers, maintenance of records, conduct of hearings and manner of decision making.

c.

Compensation: The Township Board shall establish the rate of compensation and/or reimbursement for officers and members of the Planning Commission for duties performed as Commissioners.

d.

Meeting: The Planning Commission may declare any meeting a committee or study meeting.

(Ord. 97-Z-03, 11-3-1997, eff. 12-12-1997)

a.

Enforcement: The Zoning Administrator shall enforce the provisions of this ordinance.

b.

Violation and Penalties: Violations of any provisions of this ordinance are declared to be a civil infraction, enforceable under Township Ordinance 97-G-01, Municipal Civil Infractions and the rules adopted. Any and all building or land use activities considered possible violations of the provisions of this ordinance observed by or communicated to an official or employee shall be reported to the Zoning Administrator or Code Enforcement Officer.

1)

Inspection of Violation: The Zoning Administrator, Code Enforcement Officer, or designated staff person shall inspect each alleged violation or violations he/she observes or is aware of and shall order correction in writing or in person, of all conditions found to be in violation of this ordinance.

2)

Cumulative Rights and Remedies: This ordinance is enforceable by any action, legal or equitable, authorized by statute or court decision of the State and may be brought in the name of the Township in any court of competent jurisdiction. The rights and remedies provided for herein are cumulative and in addition to any other remedies provided by law.

(Ord. 97-Z-03, 11-3-1997, eff. 12-12-1997)

a.

Authority: The Township Board may amend by ordinance the regulations and provisions stated in the text of this ordinance and the boundaries of the zoning districts shown on the Zoning Districts Map in accordance with applicable zoning enabling legislation of the State.

b.

Initiation of Amendments: Proposals for amendments, supplements or changes may be initiated by the Township Board of its own action, by the Planning Commission or by petition of one or more owners or their agents of the property to be affected by the proposed amendment.

c.

Amendment Procedures:

1)

Petition To Township Board: Each petition by one or more owners, or their agents for an amendment shall be submitted upon an application of standard form to the Township Clerk, and a fee as established by the Township Board shall be paid at the time of application to cover costs of necessary advertising for public hearings and investigation of the amendment request. The Clerk shall transmit the application to the Planning Commission for recommended action.

2)

Recommendation: The Planning Commission shall consider each proposal for amendment in terms of its own judgment on particular factors related to the individual proposal and in terms of the likely effect of such proposal upon the development plan for the community. The Planning Commission may recommend any additions or modifications to the original amendment petition.

3)

Public Notice: The Planning Commission shall conduct at least one (1) public hearing on all requests for amendments. Notice shall be given not less than fifteen (15) days before the date of the hearing on a proposed zoning amendment. Notice is considered to be given when personally delivered or when deposited during normal business hours for delivery with the U.S. Postal Service or other public or private delivery service.

a)

Notices shall be sent to:

i.

The applicant.

ii.

The owner (or other owners) of the property, if different.

iii.

If an individual property or ten (10) or fewer adjacent properties are proposed for rezoning: The owners of all real property within three hundred (300') feet of the boundary for the property for which the approval has been requested, as shown by the latest assessment roll, regardless of whether the owner and property is located in the zoning jurisdiction.

iv.

If an individual property or ten (10) or fewer adjacent properties are proposed for rezoning: One occupant of each structure, or each unit within multiple-unit structures within three hundred (300') feet of the boundary of the property for which the approval has been requested, regardless of whether the owner and property is located in the zoning jurisdiction. (For multiple unit-structures containing four or more dwelling units, only the manager of the structure needs to be notified and post the information at the main entrance to the structure.)

v.

If eleven (11) or more adjacent properties are proposed for rezoning, the notification of owners and occupants within three hundred (300') feet of the subject request is not required. Further, the street addresses of the eleven (11) or more adjacent properties need not be listed in the notice.

vi.

The general public by publication in a newspaper of general circulation in Thomas Township.

vii.

Members of the Planning Commission or legislative body and Planning Commission if the hearing is being held by the legislative body.

b)

The notice shall include:

i.

The nature of the zoning amendment being requested.

ii.

The property/properties for which the zoning amendment has been made.

iii.

If the zoning amendment is for less than eleven (11) adjacent properties: A listing of all existing street addresses within the property/properties which is/are the subject of the zoning amendment. (Street addresses do not need to be created and listed if no such addresses currently exist. If there are not street addresses another means of identification may be used.

iv.

The location where the application documents can be viewed and copied prior to the date the application will be considered.

v.

The date, time and location where the hearing on the zoning amendment will take place.

vi.

The addresses to which written comments should be directed prior to the hearing on the zoning amendment.

vii.

For members of the Planning Commission only - a copy of the request for the zoning amendment, the draft of the zoning amendment and supporting documents in the record.

4)

County Planning Commission: Following the conclusion of the public hearing, the Planning Commission shall submit the proposed amendments, including any zoning district map, to the county Planning Commission for their review. The approval of the county Planning Commission shall be conclusively presumed unless such commission shall within thirty (30) days of its receipt, have notified the Board of Trustees of its disapproval or approval.

5)

Thomas Township Board of Trustees: The Township Board of Trustees shall review the recommendations of the county and township Planning Commission at their first regular meeting following their receipt unless a special meeting has been duly called for that purpose.

If the Thomas Township Board of Trustees shall deem any amendments, changes, addition or departures are advisable to the proposed ordinance amendment recommended for approval or denial by the Planning Commission, the Board of Trustees may deny, or adopt the amendment with or without any changes.

6)

Resubmittal: No application for rezoning which has been denied by the Board shall be resubmitted for a period of one year from the date of the last denial except on grounds of newly discovered evidence or proof of changed conditions found upon inspection by the Township to be valid.

7)

Fees: A fee as established by the Township shall be paid to the Township Clerk at the time of requesting a zoning amendment. The purpose of the fee is to cover, in part, the necessary advertisements, investigations, and other expenses incurred by the Township in connection with the requested amendment.

8)

Some Factors For Consideration: In reviewing an application for the rezoning of land, whether the application is made with or without an offer of conditions, factors that should be considered by the Planning Commission and the Township Board include, but are not limited to, the following:

a)

Whether the rezoning is consistent with the policies and uses proposed for that area in the Township's master land use plan;

b)

Whether all of the uses allowed under the proposed rezoning would be compatible with other zones and uses in the surrounding area;

c)

Whether any public services and facilities would be significantly adversely impacted by a development or use allowed under the requested rezoning; and

d)

Whether the uses allowed under the proposed rezoning would be equally or better suited to the area than uses allowed under the current zoning of the land.

(Ord. 97-Z-03, 11-3-1997, eff. 12-12-1997; amd. 1998 Code; Ord. 98-Z-05, 8-3-1998, eff. 9-11-1998; Ord. 06-G-03, 5-1-2006, eff. 6-10-2006; Ord. No. 08-Z-04, 11-12-2008, eff. 12-15-2008)

a.

Intent: It is recognized that there are certain instances where it would be in the best interests of the Township, 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 the Michigan Zoning Enabling Act, P.A. 110 of 2006, as amended, 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)

Any use or development proposed as part of an offer of conditions that would require a special land use permit under the terms of this ordinance may only be commenced if a special land use permit for such use or development is ultimately granted in accordance with the provisions of this ordinance.

5)

Any use or development proposed as part of an offer of conditions that would require a variance under the terms of this ordinance 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 ordinance.

6)

Any use or development proposed as part of an offer of conditions that would require site plan approval under the terms of this ordinance may only be commenced if site plan approval for such use or development is ultimately granted in accordance with the provisions of this ordinance.

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 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 to the Planning Commission for a new public hearing with appropriate notice and a new recommendation.

c.

Planning Commission Review: The Planning Commission, after public hearing and consideration of the factors for rezoning, may recommend approval, approval with recommended changes or denial of the rezoning; provided, however, that any recommended changes to the offer of conditions are acceptable to and thereafter offered by the owner.

d.

Township Board Review: After receipt of the Planning Commission's recommendation, the Township Board shall deliberate upon the requested rezoning and may approve or deny the conditional rezoning request. The Township Board's deliberations shall include, but not be limited to, a consideration of the factors for rezoning set forth in Section 19.4(c)8. Should the Township Board consider amendments to the proposed conditional rezoning advisable and if such contemplated amendments to the offer of conditions are acceptable to and thereafter offered by the owner, then the Township Board shall, in accordance with the Michigan Zoning Enabling Act, P.A. 110 of 2006, as amended, refer such amendments to the Planning Commission for a report thereon within a time specified by the Township Board and proceed thereafter in accordance with said statute to deny or approve the conditional rezoning with or without amendments.

e.

Approval:

1)

If the Township Board finds the rezoning request and offer of conditions acceptable, the offered conditions shall be incorporated into a formal written statement of conditions and shall be incorporated by attachment or otherwise as an inseparable part of the ordinance adopted by the Township Board to accomplish the requested rezoning.

2)

The statement of conditions shall:

a)

Be in a form recordable with the register of deeds of the county in which the subject land is located or, in the alternative, be accompanied by a recordable affidavit or memorandum prepared and signed by the owner giving notice of the statement of conditions in a manner acceptable to the Township Board.

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.

d)

Incorporate by attachment or reference any diagram, plans or other documents submitted or approved by the owner that are necessary to illustrate the implementation of the statement of conditions. If any such documents are incorporated by reference, the reference shall specify where the document may be examined.

e)

Contain a statement acknowledging that the statement of conditions or an affidavit or memorandum giving notice thereof may be recorded by the Township with the register of deeds of the county in which the land referenced in the statement of conditions is located.

f)

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 township clerk shall maintain a listing of all lands rezoned with a statement of conditions.

4)

The approved statement of conditions or an affidavit or memorandum giving notice thereof shall be filed by the Township with the register of deeds of the county in which the land is located. The Township Board shall have authority to waive this requirement if it determines that, given the nature of the conditions and/or the time frame within which the conditions are to be satisfied, the recording of such a document would be of no material benefit to the Township or to any subsequent owner of the land.

5)

Upon the rezoning taking effect, the use of the land so rezoned shall conform thereafter to all of the requirements regulating use and development within the new zoning district as modified by any more restrictive provisions contained in the 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 constitute a violation of this zoning ordinance and be punishable accordingly. Additionally, any such violation shall be deemed a nuisance per se and subject to judicial abatement as provided by law.

2)

No permit or approval shall be granted under this ordinance 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 approved development and/or use of the land pursuant to building and other required permits must be commenced upon the land within eighteen (18) months after the rezoning took effect and thereafter proceed diligently to completion. This time limitation may upon written request be extended by the Township Board if:

1)

it is demonstrated to the Township Board'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 and

2)

the Township Board 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.

h.

Reversion of Zoning: If approved development and/or use of the rezoned land does not occur within the time frame specified, then the land shall revert to its former zoning classification. The reversion process shall be initiated by the Township Board 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 thereafter 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 thereafter rezoned to a different zoning classification or to the same zoning classification but with a different or no statement of conditions, whether as a reversion of zoning pursuant to subsection H hereof or otherwise, the statement of conditions imposed under the former zoning classification shall cease to be in effect. Upon the owner's written request, the Township Clerk shall record with the register of deeds of the county in which the land is located, 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 or during any extension thereof granted by the Township Board, the Township shall not add to or alter the conditions in the statement of conditions.

2)

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

k.

Township Right To Rezone: Nothing in the statement of conditions or in the provisions of this section shall be deemed to prohibit the Township 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 ordinance and the Michigan Zoning Enabling Act, P.A. 110 of 2006, as amended.

l.

Failure to Offer Conditions: The Township 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 ordinance.

(Ord. 06-G-02, 5-1-2006, eff. 6-10-2006)