For the purpose of establishing and maintaining sound, stable, and desirable development within the territorial limits of Yankee Springs Township, this ordinance shall not be amended except to correct an error or, because of changed or changing conditions, to rezone an area, extend the boundary of an existing zoning district or to change text of the ordinance. Such amendment may be initiated by any person, firm, corporation, or organization by filing an application with the zoning administrator. An amendment may also be initiated by a motion of the township board or by the planning commission. The procedures for amendments shall be in accordance with the Michigan Zoning Enabling Act, P.A. 110 of 2006.

(Ord. No. 03-02-07, § I, 3-8-2007)

A.

Applications for amendments shall be filed with the zoning administrator on an appropriate form provided by the township and accompanied by the required fee. All applications for amendments, without limiting the right to file additional material, shall contain the following:

1.

The applicant's name, address, and interest in the application along with the name, address and interest of every person, firm, corporation, or organization having a legal right or equitable interest in the land. If the applicant is not the same as the owner(s) of the property, the signature(s) of the owner(s) shall be required as well.

2.

The nature and effect of the proposed amendment.

3.

If the proposed amendment requires a change to the official zoning map, a complete legal description of the subject land, the present zoning classification of the land, the names and addresses of the owners of all subject land, and the legal descriptions of their land within the area to be rezoned.

4.

A fully dimensioned drawing showing the land that would be affected, the zoning classification of all abutting properties, all public and private rights-of-way and easements bounding and intersecting the land under consideration, and the location of all existing and proposed improvements on and immediately adjacent to the property under consideration.

5.

If the proposed amendment will correct an alleged error, a detailed explanation of the alleged error and the reasons the proposed amendment will correct the error.

6.

The changed or changing conditions in the area or in the township that make the amendment necessary for the public health, safety and welfare of the township.

7.

A statement as to whether the proposed amendment is consistent with the township land use plan.

B.

The zoning administrator, upon receipt of the application, shall review the application for completeness and refer the application to the planning commission for review. The planning commission shall study the proposed amendment and shall hold a public hearing.

C.

If an individual property or ten (10) or fewer adjacent parcels are proposed for rezoning, the planning commission shall publish a notice of the public hearing in a newspaper of general circulation in the township describing the nature of the proposed rezoning and indicating the property that is subject of the rezoning, including a listing of all existing street addresses within the subject property. The notice shall also state when and where the request will be considered as well as when and where written comments will be received concerning the rezoning.

1.

The notice shall also be sent by mail or personal delivery to the owners of property for which approval of the amendment is being considered, to all persons to whom real property is assessed within three hundred (300) feet of the property, and to the occupants of all structures within three hundred (300) feet of the property regardless of whether the property or occupant is within Yankee Springs Township. The term "occupant" may be used if the name of the occupant is not known.

2.

Both the notice in the newspaper and the notice mailed to the above mentioned properties and occupants shall be published or given not less than fifteen (15) days before the date of the hearing.

D.

If eleven (11) or more adjacent parcels are proposed for rezoning, the notice of the public hearing shall be published in a newspaper of general circulation in the township in accordance with the requirements of subsection C. However, no mailing or delivery of the notice within three hundred (300) feet of the property is required. In addition, no individual address of properties are required to be listed in the published notice.

E.

Following the public hearing, the planning commission shall prepare a report and recommendation on the proposed amendment and forward them to the township board for their consideration and action.

F.

After receiving the report and recommendation from the planning commission, the township board may adopt the proposed amendment, decline to adopt the proposed amendment, or may adopt it in whole or in part, with or without changes. The township board may also hold its own public hearing on the proposed amendment and shall grant a public hearing on a proposed ordinance provision to a property owner who requests a hearing by certified mail addressed to the township clerk.

G.

An application for rezoning which has been denied by the township board shall not be resubmitted for a period of one (1) year from the date of the last denial, except on grounds of newly discovered evidence, proof of changed conditions found to be valid upon inspection by the township board, a significant revision to the statement of conditions for a conditional rezoning, or a change from a conventional rezoning to conditional rezoning.

(Ord. No. 03-02-07, § I, 3-8-2007)

In considering any application for an amendment to the official zoning map or zoning ordinance, the planning commission and township board shall consider the following criteria in making its findings, recommendations, and decision:

1.

The consistency with the goals, policies and objectives of the land use plan and any sub-area plans. If conditions have changed since the land use plan was adopted, the consistency with recent development trends in the area shall be considered.

2.

The compatibility of the site's physical, geological, hydrological and other environmental features with the host of uses permitted in the proposed zoning district.

3.

Compatibility of all the potential uses allowed in the proposed zoning district with surrounding uses and zoning in terms of land suitability, impacts on the environment, density, nature of use, traffic impacts, aesthetics, infrastructure and potential influence on property values.

4.

Whether the capacity of the township's infrastructure and services is sufficient to accommodate the uses permitted in the requested district without compromising the health, safety and welfare of the township.

5.

The capability of the street system to safely and efficiently accommodate the expected traffic generated by uses permitted in the requested zoning district.

6.

The apparent demand for the types of uses permitted in the requested zoning district in the township in relation to the amount of land in the township currently zoned and available to accommodate the demand.

7.

Whether the boundaries of the requested rezoning district are reasonable in relationship to its surroundings and construction on the site will be able to meet the dimensional regulations for the requested zoning district.

8.

Other factors deemed appropriate by the planning commission and city commission.

(Ord. No. 03-02-07, § I, 3-8-2007)

A.

Intent. There may be certain instances where it would be in the best interests of the township, as well as advantageous to the property owner to request a change in zoning boundaries if certain conditions are proposed by the property owner as part of the rezoning request. It is the intent of this section to provide a process and procedure for conditional rezoning consistent with the provisions of Section 405 of the Michigan Zoning Enabling Act (MCL 125.3405) 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. This option shall apply site planning criteria to achieve integration of the development project into the fabric of the project area.

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 at a later time during the rezoning process prior to the public hearing.

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. All of the application materials required by subsection 19.2.A shall be submitted for a conditional rezoning in addition to any other materials described in this section. The required procedure for a conditional rezoning shall be the same as a conventional rezoning, as provided in section 19.2, except as modified in this section.

3.

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

4.

A conditional rezoning plan (CR plan), prepared by a licensed engineer or architect, shall be submitted with the conditional rezoning application. The CR plan shall provide the location, size, height, design, architecture, and other measures and features of buildings, structures, and improvements on, and in some cases adjacent to, the subject property. The detail to be offered for inclusion on a CR plan shall be determined by the applicant, subject to review and approval by the planning commission and township board. The CR plan shall be used to communicate the site specific conditions in the statement of conditions and shall be attached by reference to the final rezoning agreement. The CR plan shall not replace the subsequent requirements for site plan, subdivision, or other similar zoning review and approvals.

5.

Any use or development proposed as part of an offer of conditions that would require a special exception use permit under the terms of this ordinance may only be commenced if a special exception use permit for such use or development is ultimately granted in accordance with the provisions of Article IV of this ordinance. Review of the special exception use permit should occur subsequent to the review of the rezoning.

6.

Any 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 development is ultimately granted in accordance with the provisions of Article 20 of this ordinance. Review of the variance should occur subsequent to the review of the rezoning.

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 amendment 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 holding a public hearing and consideration of the factors for rezoning set forth in section 19.3 of this ordinance, 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.

1.

Prior to planning commission consideration, the proposed conditional rezoning application and associated materials shall be forwarded to township officials and staff for preliminary review and comment. If it is determined that the application is not complete, then the applicant shall be contacted to inform them of the additional information that is required.

2.

If deemed necessary by the zoning administrator or planning commission, the proposed application shall be forwarded to the township board, township consultants, and/or other applicable outside agencies for further review, recommendation, and advice, with any additional costs borne by the applicant.

3.

Public hearing. The conditional rezoning application shall be placed on the agenda for planning commission review and scheduled for a public hearing according to the notice requirements and procedures of section 19.2 above.

4.

Action by the planning commission. Following the hearing on the proposed amendment, the planning commission shall within a reasonable time, make findings of fact based on the review criteria in section 19.3. It shall transmit these findings to the township board, together with the comments made at the public hearing and its recommendation.

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, in accordance with the procedures in subsection 19.2.F. The township board's deliberations shall include, but not be limited to, a consideration of the factors for rezoning set forth in section 19.3 of this ordinance. 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 may refer the proposed amendments to the planning commission for consideration and comment within a specified time or may hold an additional public hearing, either of which shall be in compliance with Section 401 of Public Act 110 of 2006, or as amended.

E.

Elements of a conditional rezoning application. The following elements shall be reviewed and approved as an integral part of the conditional rezoning application:

1.

CR plan. A conditional rezoning plan (CR plan), with such detail as proposed by the applicant and approved by the township board in accordance with this section (see B.4 above). The CR plan shall not replace the requirements for site plan, subdivision or condominium approval, as the case may be.

2.

Rezoning conditions. Rezoning conditions, shall not propose uses or development not permitted in the intended zoning district and shall not permit uses or development expressly or implicitly prohibited in the statement of conditions. Rezoning conditions may include some or all of the following:

a.

The location, size, height, and setbacks of buildings, structures, and improvements.

b.

The maximum density or intensity of development (e.g., units per acre, maximum usable floor area, hours of operation, etc.).

c.

Measures to preserve natural resources or features.

d.

Facilities to address storm water drainage and water quality.

e.

Facilities to address traffic issues, for example, through road paving or other road improvements.

f.

Open space preservation provisions.

g.

Minimum landscaping, buffering and screening provisions.

h.

Added landscaping, above and beyond what is required by the zoning ordinance.

i.

Building design, materials, lighting and sign criteria.

j.

Permissible and prohibited uses of the property.

k.

Provisions to preserve historic farms, barns and other buildings to preserve the history of the township.

l.

Measures to protect the rural view shed, which is an undeveloped area adjacent to the road right-of-way, having a depth of at least two hundred (200) feet, where existing natural features, such as wetlands, woodlands, hedgerows, undulating landforms, and scenic vistas are preserved and incorporated into the landscape.

m.

Reclamation and reuse of land, where previous use of land has caused severe development difficulties, or has caused blight.

n.

Drainage improvements, beyond what is required by ordinance, using best management practices.

o.

Such other conditions as deemed important to the development by the applicant.

3.

Statement of conditions. The statement of conditions, which shall be prepared by the applicant (or designee), with the assistance of the township planner or attorney as desired, shall incorporate the CR plan and set forth the rezoning conditions, together with any other terms mutually agreed upon by the parties, including the following terms and requirements:

a.

Agreement and acknowledgement that the conditional rezoning was proposed by the applicant to induce the township to grant the rezoning, and that the township relied upon such proposal and would not have granted the rezoning but for the terms in the statement of conditions.

b.

Agreement and acknowledgement that the conditions and statement of conditions are authorized by all applicable state and federal laws and constitution, and that the statement of conditions is valid and was entered into on a voluntary basis, representing a permissible exercise of authority by the township.

c.

Agreement and understanding that the property in question shall not be developed or used in a manner that is inconsistent with the CR Plan and statement of conditions.

d.

Agreement and understanding that each of the requirements and conditions in the statement of conditions represents a necessary and reasonable measure which, when considered with all other conditions and requirements, is roughly proportional to the increased impact created by the use represented in the approved conditional rezoning, taking into consideration the changed zoning district classification and the specific use authorization granted.

e.

The statement of conditions shall be in a form recordable with the Barry County Register of Deeds 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.

f.

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

g.

Contain a statement acknowledging that the statement of conditions runs with the land and is binding upon successor owners of the land.

h.

Incorporate by attachment or reference the CR plan and any other 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.

i.

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 Barry County.

j.

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.

F.

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 acceptable to the owner and conforming in form to the provisions of this section. The statement of conditions shall be incorporated by attachment or otherwise as an inseparable part of the ordinance adopted by the township board to accomplish the requested rezoning. Final approval of the conditional rezoning shall not be granted until the statement of conditions has been submitted to the board for review.

2.

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. All parcels involved in a conditional rezoning shall be designated with the suffix "-CR" following the conventional zoning district designation. The zoning administrator shall maintain a listing of all lands rezoned with a statement of conditions.

3.

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 Barry County. 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.

4.

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 provisions contained in the statement of conditions.

G.

Rejection of request. As provided in subsection 19.2.G, an applicant is not required to wait for one (1) year to resubmit a conditional rezoning application if denied by the planning commission or township board as long as the application includes a significant revision to the statement of conditions. Otherwise, one (1) year is required between applications.

H.

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 as provided in Article XXI of this ordinance. 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.

I.

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.

The extension may be for up to twelve (12) months, and only one (1) such extension may be granted.

J.

Reversion of zoning. If approved development and/or use of the rezoned land does not occur within the time frame specified under subsection I 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 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. (Section 19.2.)

K.

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 result of a reversion of zoning pursuant to subsection J above 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 Barry County that the statement of conditions is no longer in effect.

L.

Amendment of conditions.

1.

During the time period for commencement of an approved development or use specified pursuant to subsection I above 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.

M.

Township right to rezone. Nothing in the statement of conditions nor 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 (Public Act 110 of 2006, or as amended).

N.

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. No. 03-02-07, § I, 3-8-2007)

The planning commission shall, from time to time at intervals of not more than five (5) years, examine the provisions of this ordinance and the location of district boundary lines. At least one (1) time per year, the planning commission shall submit a report to the township board on the administration and enforcement of the zoning ordinance and recommendations for amendments or supplements to the ordinance. The report shall be a written report, unless the content of the report does not warrant such an effort.

(Ord. No. 03-02-07, § I, 3-8-2007)