Charter Township of Midland, MI Article XIII Administration

§ 300-75 General administration; powers and duties; fees.

The provisions of this chapter shall be carried out by the Midland Charter Township Planning Commission, the Zoning Board of Appeals, the Zoning Enforcement Officer and the Township Board of Trustees in conformance with applicable State of Michigan enabling legislation.

A. Responsibility. The Township Board of Trustees shall employ a Zoning Administrator (Zoning Enforcement Officer) to act as its officer to effect proper and adequate administration of this chapter. The Township Board of Trustees may designate the Building Inspector as the Zoning Administrator. For the purposes of this chapter, the two shall be interchangeable. The term of employment, compensation and any other conditions of employment shall be established by the Township Board of Trustees. For the purposes of this chapter, the Zoning Administrator shall have the power of a police officer.

B. Duties of Building Inspector and/or Zoning Administrator.

(1) All applications for permits or certificates of occupancy shall be submitted to the Building Inspector and/or Zoning Administrator, who may issue certificates of occupancy or sign permits when all applicable provisions of this chapter have been met. The Building Inspector and/or Zoning Administrator shall be empowered to make inspections of buildings or premises to carry out their duties in the enforcement of this chapter.

(2) Under no circumstances is the Zoning Administrator and/or the Building Inspector permitted to make changes in this chapter nor to vary the terms of this chapter in carrying out their duties.

C. Fees. An application or request for a Building Permit, site plan reviews, special land use applications, rezoning, and issues directed to the Zoning Board of Appeals shall be accompanied by a fee to defray the actual costs thereof the Township. All fees shall be payable to the Township Treasurer to the credit of the general fund of the Township. The Township Board shall, by resolution, from time to time, establish the amount of such fees. The Township may retain professional assistance in performing such reviews with those costs to be passed on to the applicant, only when and if the applicant is made aware of the costs prior to the application.

§ 300-76 Zoning compliance certificates.

A certificate of zoning compliance is issued by the Zoning Administrator and/or Building Inspector to ensure that the use and physical development of the site conforms with all applicable provisions of this chapter and all other requirements of this chapter. A certificate of zoning compliance is required for the occupancy, use or change of any use of any property within the Township. The certificate of zoning compliance may certify that the new construction meets this chapter or that a new business complies with the zoning requirements applicable to its proposed location.

A. A zoning compliance certificate is required for any and all of the following circumstances:

(1) Occupancy and use of a new structure.

(2) A change in use of an existing building.

(3) Occupancy and use of vacant land except for the raising of crops.

(4) A change in the use of land except for the raising of crops.

(5) Any change in a nonconforming use.

B. In case of undue hardship as determined by the Zoning Administrator and/or Building Inspector, a temporary or partial certificate of zoning compliance may be issued for up to six months, provided that:

(1) The site and building are in safe, usable condition.

(2) All site development requirements are substantially completed, but due to unavoidable delays such as adverse weather conditions or other such items, cannot be entirely completed in a reasonable time.

(3) The owner or owner's agent provides the Township with a deposit to ensure completion of all development requirements.

C. The Zoning Administrator and/or Building Inspector shall have no power to vary or waive ordinance requirements. The Zoning Administrator and/or Building Inspector shall not issue a certificate of zoning compliance where it appears that any land area required to conform to the provisions of this chapter is also required, as a part of any adjoining property, to keep the development or use thereof in conformance with this chapter or to keep it from becoming more nonconforming if such land area was, at any time subsequent to the commencement of development use of such adjoining property, in common ownership with such adjoining property.

§ 300-77 Building permits and certificates of occupancy.

A building permit and certificate of occupancy shall be obtained from the Building Inspector and/or Zoning Administrator for any of the following:

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

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

C. Sign permit. Prior to the construction, erection or structural alteration of a sign, a permit shall be obtained from the Zoning Administrator and/or Building Inspector. Application shall be on a standard prepared form obtained from the Zoning Administrator and/or Building Inspector.

D. Application requirements for building permit and certificate of occupancy.

(1) Application. In all cases where a building permit and certificate of occupancy shall be made not less than 10 days prior to the time when a new, changed or enlarged use of a building, structure or premise is intended to begin, the certificate of occupancy will be issued after the last inspection.

(2) Information required. Application for a building permit and certificate of occupancy shall be accompanied by a drawing, drawn to scale, showing the exact dimensions of the premises to which the building permit and certificate of occupancy is to apply; the lines of all lots or parcels under separate ownership contained therein; easements of access and public open spaces; the size, position and height of all buildings or structures erected or altered thereon; and such other information as may be deemed necessary by the Zoning Administrator and/or Building Inspector for the proper enforcement of this chapter. A copy of this form may be obtained from the Building Inspector and/or Zoning Administrator.

(3) Issuance of certificate of occupancy. After notification that the building, structure or premises or part thereof is ready for occupancy and inspection, the Building Inspector and/or Zoning Administrator shall issue a certificate of occupancy which shall show such compliance. Nothing in this chapter shall prevent the issuance of a temporary occupancy permit for a portion of a building or structure in the process of erection or alteration; provided that such temporary certificate shall not be effective for a period of time in excess of six months; and provided further that such portion of the building, structure, or premises is in conformity with the provisions of this chapter. When a certificate of occupancy is denied on the grounds of a zoning violation, such refusal shall be stated, in writing, with reasons for said denial.

(4) Duration of building permit. Building, electrical, plumbing, mechanical and any other such permits, except temporary and conditional permits, will be effective for a period of two years, but construction must commence within six months of issuance or the permit is void.

(5) Date of establishment of legal nonconforming uses.

(a) Application for a certificate of occupancy shall be made to the Building Inspector and/or Zoning Administrator within 90 days of the date of the enactment of this chapter for any existing use of a building, structure, or premise at the time of passage of this chapter; and to determine the date of establishment of such uses for the purpose of Article III, § 300-7, of this chapter.

(b) The Zoning Administrator and/or Building Inspector shall certify, after proper examination, the extent and kind of use and whether or not the use conforms to district requirements. Failure to file such application shall place the burden of proof as to the date of establishment of any use upon the owner.

(6) A noncompleted structure or a structure that is in noncompliance of this chapter would constitute a violation, and § 300-78 would be enacted.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 300-78 Site plan review.

A. When required.

(1) Prior to the erection of any building or structure or additions thereto, change in use in any zoning district, any land use requiring special approval or any planned unit development, a site plan shall be submitted for review and approval. This review and approval shall be performed by the Zoning Administrator or by the Township Planning Commission.

(2) At no time shall a site plan be reviewed when considering a request for rezoning, except as provided for in Section 405 of the Zoning Enabling Act,[1] conditional rezoning. A decision to rezone property should be based on the long-term goals and the future land use as determined in the Master Plan of the Township. Also, it is important to consider the timeliness of the development and the long-term use of land.

[1] Editor's Note: See MCLA § 125.3405.

B. Administrative review by the Township Zoning Administrator. The Zoning Administrator shall perform a site plan review for:

(1) A change in the use of a structure or land that does not require additional parking and does not involve structural alterations.

(2) An accessory building to a nonresidential use containing 1,000 square feet or less.

(3) An addition to an existing nonresidential structure if the addition totals 10% or less of the existing structure, and only if the addition will be surfaced with material or materials which do not differ from materials on the existing structure.

(4) New residential development consisting of less than four homes constructed at a time.

(5) In order to perform this review, the Zoning Administrator may require the submission of information set forth in this section.

C. The Zoning Administrator will transmit copies of the site plan to the departments as appropriate for review. Upon receiving recommendations from the different departments, the Zoning Administrator shall transmit the recommendations to the applicant, and if the applicant concurs with the staff recommendations, the site plan will be approved along with all the recommendations as agreed to by the applicant.

D. In instances where the applicant does not concur with recommendations or where the Zoning Administrator deems Planning Commission review necessary during the administrative site plan review, the applicant or the Zoning Administrator may request the site plan be transmitted to the Township Planning Commission. The applicant will be required to pay the appropriate associated fee for site plan review.

E. Site plan review by the Township Planning Commission. All other structures and uses of land or buildings not covered in § 300-78B shall be reviewed by the Township Planning Commission, and the following site plan review procedures shall be followed:

(1) Application deadlines. If a zoning application requires a site plan review by the Planning Commission pursuant to § 300-78A, a complete application package must be received 30 days prior to the meeting of the Township Planning Commission.

(2) Application. The application requesting a site plan review must be accompanied by a fee, as established by the Township Board. The application will not be reviewed until all requirements, including the fee, have been paid. The site plan must include all relevant items listed below, including the seal and signature of an engineer licensed within the State of Michigan.

(a) Scale. The site plan must be drawn to a consistent scale of not less than one inch equals 50 feet for sites of three acres or less, or one inch equals 200 feet for larger sites.

(b) Identification. The applicant's name, address and telephone number and the name and address of the firm(s) responsible for preparation of the site plan must be included. If the applicant does not own the property, the owner must be identified and must sign a statement certifying that the applicant is acting in the owner's behalf.

(c) Property information. The site plan must accurately depict the subject property and land adjacent to and across any thoroughfare from it, including all existing and proposed easements or rights-of-way. Zoning of the site, and of adjacent properties, must be identified. A legal description and computation of the area of the property must accompany the site plan.

(d) Site features. The site plan should depict existing environmental conditions, including the location of wooded areas or isolated trees over six inches in diameter, topography, drainage features, wetlands, any existing structures, including those proposed for removal, and other significant conditions. The approximate location and use of structures and the location of the nearest driveways on adjacent or opposing parcels should be shown.

(e) Transportation features. The site plan must show the location and surface type of all existing and proposed public roads, access drives, internal vehicle circulation areas, parking lots (including number and location of handicapped parking spaces), sidewalks, loading areas or docks, truck bays, and refuse pickup stations. If the use includes a drive-through facility, stacking or queuing spaces shall be delineated on the submitted site plan.

(f) Utilities. The site plan must show the location and size of all existing and proposed public utilities. Waterline information shall include location of existing and proposed fire hydrants and valves. Sanitary sewer information shall include location of any pumping station and approximate location of manholes. Storm drainage information shall include any enclosed drains, flow restrictors and on-site retention. The site plan must also include any existing or proposed private utilities, such as natural gas, electricity, telephone and cable television.

(g) Structures. The site plan must show the location and dimensions, including height, of all proposed buildings, accessory structure and related features. For multifamily housing developments, the number of units in each building must be identified. Schematic plans and elevations of all structures exceeding 5,000 square feet of total floor area must be included. The site plan should also show the location, arrangement, dimensions and type of proposed signs, lighting, landscaping, screening, fences, and decorative walls.

(h) Material board. The Zoning Administrator and/or the Planning Commission may require the submission of a board representing the actual materials which will be used in the construction of the proposed project. The materials board will become a part of the site plan approval and remain with the Township until the completion of the project in order to ensure compliance with the approved site plan.

(i) Supplementary material. The site plan shall be complemented by any additional information which, in the Zoning Administrator's discretion, is important for the site plan review process. This could include, but not be limited to, an assessment of the proposed project's impact on environmental, historic, social or economic conditions; traffic studies; or proposed measures to control or mitigate such impacts as noise, smoke, particulates, vibration, odors, or fire hazards.

(3) Decision guidelines for site plan review. In order that buildings, open space and landscaping will be in harmony with other structures and improvements in the area, and to assure that no undesirable health, safety, noise and traffic conditions will result from the development, the Township Planning Commission shall determine whether the site plan meets the following criteria, unless the Township Planning Commission determines that one or more of the criteria are inapplicable:

(a) The site plan shall comply with all requirements of the applicable zoning district and design guidelines, unless otherwise provided in this chapter.

(b) The site plan is consistent with the intent and purpose of this chapter and the intent of the district in which it is located.

(c) The vehicular transportation system shall provide for circulation throughout the site and for efficient ingress and egress to all parts of the site by fire and safety equipment.

(d) Recreation and open space areas shall be provided in all multiple-family developments.

(e) The site plan shall comply with the requirements for screening, fencing, walls and other protective barriers.

(f) Pedestrian walkways and/or pathways shall be provided as deemed necessary by the Township Planning Commission for separating pedestrian and vehicular traffic.

(g) All elements of the site plan shall be harmoniously and efficiently organized in relation to topography, the size and type of the lot, the character of adjoining property and type and size of buildings. The site shall be so developed as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this chapter.

(h) If the applicant does not own the property, the owner must be identified and must sign a statement certifying that the applicant is acting in the owner's behalf.

(4) Approval process. The site plan shall be reviewed by the Township Planning Commission and shall be approved, disapproved, approved with specific conditions, or tabled as may be deemed necessary to carry out the purpose of this chapter and other codes and regulations of the Township. If, during review, the Planning Commission finds a site plan not in conformance with the provisions set forth in this section, it may, at its discretion, return the site plan to the applicant with a written statement of the modifications necessary to secure approval.

(a) Approval. Following approval of the site plan, it shall become part of the record, and subsequent actions relating to the activity authorized shall be consistent with the approved site plan unless a change or addition conforming to this chapter received the mutual agreement of the landowner and the Township Planning Commission or Zoning Administrator, as appropriate. Incidental and minor variations of the approved site plan with written approval of the Zoning Administrator shall not invalidate prior site plan approval.

(b) Approval with conditions. The Planning Commission may, in accordance with this chapter and the specific guidelines contained herein, approve the site plan with conditions. These conditions may include the provisions of buffers, fencing, screening or other such additional items intended to protect the health, public welfare and safety of the greater Township.

(c) Denial for specific requirements. In instances where specific dimensional or area requirements of this chapter are not satisfied on the site plan, requests for variance(s) may be initiated by the applicant to the Township Zoning Board of Appeals. Requirements not met are grounds for denial.

(d) Approved site plan. The approved site plan shall become part of the record of approval, and subsequent actions relating to the activity authorized shall be consistent with the approved site plan unless a change or addition conforming to this chapter receives the mutual agreement of the landowners and the Township Planning Commission or Zoning Administrator, as appropriate. Incidental and minor variations of the approved site plan with written approval of the Zoning Administrator and/or Building Inspector shall not invalidate prior site plan approval.

(e) Expiration. A site plan approved by the Planning Commission shall expire and be considered automatically revoked one year after the date of such approval unless actual construction has commenced and is proceeding in accordance with the issuance of a valid building permit. If such construction activity ceases for any reason for a period of more than one year, any subsequent use of said land shall be subject to review and approval of a new site plan for said property in conformance with the provisions of this chapter, except that the Planning Commission may, at its discretion, upon application by the owner and for cause shown, provide for up to two successive twelve-month extensions.

§ 300-79 Public notice.

Public notification. All applications for development approval requiring a public hearing shall comply with the Zoning Enabling Act[1] and the other provisions of this section with regard to public notification.

A. Responsibility. When the provisions of this chapter or the Zoning Enabling Act require that notice be published, the Zoning Administrator shall be responsible for preparing the content of the notice, having it published in a newspaper of general circulation in Midland Charter Township and mailed or delivered as provided in this section.

B. Content. All mail, personal and newspaper notices for public hearings shall:

(1) Describe nature of the request. Identify whether the request is for a rezoning, text amendment, special land use, planned unit development, variance, appeal, ordinance interpretation or other purpose.

(2) Location. Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the subject property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used, such as a tax parcel identification number, identifying the nearest cross street, or including a map showing the location of the property. No street addresses must be listed when 11 or more adjacent properties are proposed for rezoning, or when the request is for an ordinance interpretation not involving a specific property.

(3) When and where the request will be considered. Indicate the date, time and place of the public hearing(s).

(4) Written comments. Include a statement describing when and where written comments will be received concerning the request. Include a statement that the public may appear at the public hearing in person or by counsel.

(5) Handicap access. Information concerning how handicap access will be accommodated if the meeting facility is not handicap accessible.

C. Personal and mailed notice.

(1) General. When the provision of this chapter or state law requires that personal or mailed notice be provided, notice shall be provided to:

(a) The owners of property for which approval is being considered, and the applicant, if different than the owner(s) of the property.

(b) Except for rezoning requests involving 11 or more adjacent properties or an ordinance interpretation request that does not involve a specific property; to all persons to whom real property is assessed within 300 feet of the boundary of the property subject to the request, regardless of whether the property or occupant is located within the boundaries of Midland Charter Township. If the name of the occupant is not known, the term "occupant" may be used in making notification. 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 individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, 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. The applicant shall provide the Zoning Administrator with a list of such persons along with the application.

(c) All neighborhood organizations, public utility companies, railroads and other persons which have requested to receive notice pursuant to § 300-79D(2), Registration to receive notice by mail.

(d) Other governmental units or infrastructure agencies within one mile of the property involved in the application.

(2) Notice by mail/affidavit. Notice shall be deemed mailed by its deposit in the United States mail, first class, properly addressed, postage paid. The Zoning Administrator shall prepare a list of property owners and registrants to whom notice was mailed, as well as of anyone to whom personal notice was delivered.

D. Timing of notice. Unless otherwise provided in the Zoning Enabling Act, or this chapter where applicable, notice of a public hearing shall be provided as follows:

(1) For a public hearing on an application for a rezoning, text amendment, special land use, planned unit development, variance, appeal, or ordinance interpretation, not less than 15 days before the date the application will be considered for approval.

(2) Registration to receive notice by mail:

(a) General. Any neighborhood organization, public utility company, railroad or any other person may register with the Zoning Administrator to receive written notice of all applications for development approval pursuant to § 300-79C(1)(b), or written notice of all applications for development approval within the zoning district in which they are located. The Zoning Administrator shall be responsible for providing this notification. Fees may be assessed for the provision of this notice, as established by the legislative body.

(b) Requirements. The requesting party must provide the Zoning Administrator information on an official form to ensure notification can be made. All registered persons must reregister biannually to continue to receive notification pursuant to this section.

[1] Editor's Note: See MCLA § 125.3101 et seq.

§ 300-80 Planning Commission.

A. Creation and membership. The Planning Commission shall be organized pursuant to Act 33 of 2008, the Planning Enabling Act (MCLA § 125.3801 et seq.), as amended, and shall have the duties and powers prescribed by that law, which include responsibility for the administrative and enforcement activities under this chapter, including:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1) Site plan approval. The Planning Commission shall review site plans and issue its approval, conditional approval or denial of same as provided by § 300-78.

(2) Special use permits. The Planning Commission shall conduct a public hearing on any application for a special use permit. Following a public hearing, the Planning Commission shall review and approve or deny said application. The Planning Commission shall also take any necessary action to revoke a special use permit as provided by § 300-62C(7).

(3) Rezoning or amendments. The Planning Commission shall conduct public hearings for proposal to rezone property or amend the text of this chapter as provided by § 300-79. Following a public hearing, the Planning Commission shall make its recommendation regarding the proposed rezoning or text change to the Township Board. The Planning Commission may initiate a text change or rezoning, subject to the requirements for notice, hearing and Township Board approval.

(4) Planned unit developments. The Planning Commission shall conduct a public hearing on any application for a planned unit residential or commercial development, in accordance with the standards and procedures for special land use permits.

(5) Conditional rezoning. The Planning Commission shall process a request for conditional rezoning and a site plan review in accordance with §§ 300-80 and 300-81.

B. Organization and procedures. The Planning Commission may adopt its own rules of procedures (or bylaws) as may be necessary to conduct its meetings and to carry out its functions. The bylaws shall address meeting times, officers, maintenance of records, conduct of hearings and manner of decision-making.

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

D. Report to the Township Board. The Planning Commission shall at least once per year prepare for the Township Board a report on the administration and enforcement of this chapter and recommendations for amendments or supplements to this chapter.

E. Malfeasance. A member of the Planning Commission shall disqualify himself or herself from a vote in which the member has a conflict of interest. Failure of a member to disqualify himself or herself from a vote in which the member has a conflict of interest constitutes malfeasance in office. The Charter Township of Midland Board of Trustees shall provide for the removal of a member of the Planning Commission for misfeasance, malfeasance, or nonfeasance in office upon written charges and after public hearing.

§ 300-81 Conditional rezoning.

Midland Charter Township will not require nor imply that conditional zoning or zoning agreements are a necessity or a condition for approval.

A. A request for conditional zoning or a zoning agreement shall be submitted, in writing, to the Zoning Administrator, Chairman of the Township Planning Commission and the Township Supervisor. The request shall be required prior to any application for rezoning or appearance before the Planning Commission.

B. Upon receipt of the request, the Zoning Administrator will prepare a memo to the Planning Commission and the Township Board detailing that a request has been received, from whom and the area proposed for rezoning. The applicant will receive a copy as well. The Zoning Administrator and the Township Supervisor will arrange for an informal meeting with the developer to discuss the specific request or requests.

C. Informal review process.

(1) An informal meeting will be held with the Zoning Administrator and the Township Supervisor and Chairman of the Planning Commission and the proposed developer or developers.

(2) During the meeting, the developer should be prepared to provide the following information, in writing:

(a) The zoning district desired.

(b) The specific use proposed.

(c) A sketch of the proposed development (a hand sketch is fine; no full site plan is required at this point).

(d) Identification of particular items that might be necessary to mitigate the proposed rezoning and associated development.

(3) From this meeting, the Township will provide a follow-up letter to the developer and copied to the Planning Commission and Township Board which details the following:

(a) The proposed use of the parcel and the desired zoning district.

(b) A discussion of all related zoning requirements included within the existing Zoning Ordinance.

(c) A discussion of potential items in addition to the typical zoning requirements, which may be necessary or desirable to mitigate the proposed rezoning, and associated development.

(d) A proposed time line for the process, identifying key dates for submittal, public hearings and tentative approval.

(e) An overview of the discussion, including any relative buffering or other such items which may be considered by the Planning Commission in terms of surrounding uses, intensity of surrounding uses and the purpose and intent of the zoning regulations and the adopted Master Plan and any other policy documents or guide so adopted by the Township.

D. Formal review process.

(1) Using the proposed time line as a guide, the developer or developers will submit all their required information, which for conditional zoning or zoning agreement shall be:

(a) A rough site plan done to such a level of detail that assures the basic arrangement of any structures and connection to required utilities.

(b) An elevation of the proposed structure.

(c) Conversely, if a developer so chooses, he or she may submit the full drawings and request a site plan approval concurrently.

(d) The rezoning request must be submitted in accordance with the Township's rezoning policy, which requires submission at least 30 days prior to the next regularly scheduled Planning Commission meeting.

*	It is important to note that these items will be made part of the approval of the rezoning. Failure to complete the project as represented to the Township at this point may result in a loss of the status of the conditional zoning.

(2) All public notifications, reviews and hearings will be scheduled and advertised as set forth in this chapter and as typically practiced in the Township for the rezoning of land. If the proposed use requires a special land use permit, the special land use permit and hearing may be conducted concurrently if the site plans and appropriate documentation are provided.

(3) The Township Attorney will draft a zoning agreement for execution by the Township and the developer.

(4) Any and all conditions imposed as part of the conditional zoning or zoning agreement process and proposed approval must meet the following criteria:

(a) Conditions such as building appearance, landscaping, setbacks in an amount more than what is required; additional screening requirements, etc., shall be directly related to the proposed project and serve to mitigate any potentially deleterious effects on surrounding property owners or properties in general.

(b) Conditions serving as additional performance standards, including but not limited to lighting, noise, traffic, etc., shall be directly related to the proposed project and development and should serve to mitigate any potentially deleterious effects on surrounding properties, the road network, and the general area.

(c) Conditions limiting the specific use of the property are permitted; however, the Planning Commission and Township Board should be mindful of being too specific. For example, limiting a use to a professional office may prevent the parcel from being used for something similar in intensity yet different, such as a day-care center or commercial or private school. Care should be taken to be specific in terms of standards and intensity and more flexible in terms of naming specific uses.

(d) The Planning Commission will forward its recommendations to the Township Board for consideration.

(5) If the Planning Commission recommends, and the Township Board approves, a conditional zoning or zoning agreement request, the zoning designation will be noted on the Zoning Map as an overlay and the zoning will be referenced as a footnote on the map itself. The footnote will refer to the actual zoning case and the zoning approval and specific conditions.

(6) A final zoning agreement, drafted and reviewed by the Township Attorney, will be executed. The developer shall be responsible for all costs associated with the drafting and executing of the zoning agreement. These costs shall be passed through from the Township Attorney.

(7) The developer, the Chairman of the Planning Commission and the Township Clerk shall all sign the submitted documentation. A copy will be returned to the developer and the original shall stay with the Township.

(8) A copy will be recorded at the Register of Deeds.

E. Enforcement.

(1) By approving the conditional zoning or zoning agreement, the Township grants rezoning and then, subsequently or concurrently, site plan approval. The specific conditions imposed and agreed to by the Developer and the Township become part of the approval.

(2) Should the developer not meet the conditions as specified, they will be considered in violation of this chapter and will be pursued as such.

(3) Any change to the conditions shall require a rezoning.

(4) Should the developer not complete the proposed project within 18 months, the property shall revert to the previous zoning classification.

(5) Should the developer abandon the specific use and it is vacant and/or abandoned for a period of 18 months, the parcel shall convert to its previous zoning classification.

(6) A property that reverts from conditional zoning will be considered a nonconforming use and subject to all applicable zoning regulations.

(7) Reversion of the subject property shall require:

(a) The original developer, the current property owner (if different) and the occupant(s) of the property to be notified of the pending reversion by registered mail by the Township Clerk. The Township Board and Planning Commission shall receive the same notice. The notice will provide a thirty-day period for which the developer/owner can seek an extension of the time frame or begin construction.

§ 300-82 Enforcement; violations and penalties; abatement of nuisances.

[Amended 10-10-2015 by Ord. No. 99]

The Zoning Administrator, Building Inspector and/or Ordinance Enforcement Officer shall enforce the provisions of this chapter.

A. Any person or other entity who violates any provision of this chapter is responsible for a municipal civil infraction as defined by Michigan law and subject to a civil fine of not more than $500, plus costs. Those costs may include all expenses, direct or indirect, to which the Township has been put in connection with the municipal civil infraction; not more than $500. The owner, resident or occupant in control of a premises upon which a violation of this chapter occurs is responsible for the violation to the same extent as the person(s) who conduct the activity giving rise to the violation. Each day a violation of this chapter continues to exist constitutes a separate violation.

B. In addition, all violations of this chapter are declared a nuisance per se. The Township specifically reserves the right and shall have the authority to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order or other appropriate remedy to abate said nuisance and compel compliance with this chapter.

§ 300-83 Amendment.

A. The Charter Township of Midland Board of Trustees may amend the regulations and provisions stated in the text of this chapter, and the boundaries of zoning districts shown on the Zoning District Map may be amended, supplemented or changed by ordinance by the Charter Township of Midland Board of Trustees 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 Charter Township of Midland Board of Trustees, by the Planning Commission or by petition of one or more owners, option holders or their agents of 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. A fee as established by the Charter Township of Midland Board of Trustees 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 Land Use Plan for the community. The Planning Commission may recommend any additional or modifications to the original amendment petition to the Township Board of Trustees.

(3) Public hearing. After deliberation on any proposal the Planning Commission shall conduct a public hearing as provided by § 300-79.

(4) County Planning Commission. Following the conclusion of the public hearing, the Township Planning Commission shall submit the proposed amendments, on a form furnished by the Midland County Planning Commission, including any zoning district map, to the County Planning Commission for its review. The approval of the Midland County Planning Commission shall be conclusively presumed unless such Commission, within 30 days of its receipt, has notified the Township Board of Trustees of its disapproval or approval.

(5) Charter Township of Midland Board of Trustees.

(a) Upon receipt of the Township Planning Commission's, together with the County Planning Commission's, recommendation, the Charter Township of Midland Board of Trustees shall review said recommendations. If the Board of Trustees deems that any amendments, changes, additions, or departures are advisable as to the proposed ordinance amendment as recommended by the Township Planning Commission, it shall refer the same to the Planning Commission for a report thereon within a time specified by the Board of Trustees.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(b) After receiving the proposed amendment recommendations heretofore specified, the Charter Township of Midland Board of Trustees shall conduct a public hearing on the proposed amendment and may request the Township Planning Commission to attend such hearing. Thereafter, the Board of Trustees may deny or adopt the amendment with or without any changes.

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

(7) Fees. A fee as established by the Board of Trustees shall be paid to the Township Clerk or Building Inspector and/or Zoning Administrator 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.[1]

[1] Editor's Note: Original Section 1410, Conditional rezoning request, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See § 300-81, Conditional rezoning.

§ 300-84 Temporary permit for temporary dwelling.

A. Temporary permits for a mobile home/trailer coach. A temporary permit for parking a mobile home/trailer coach during construction of a home, commercial building, industrial building or structure and not located in a licensed mobile home park will be subject to the following procedures and limitations:

(1) An application for a temporary permit for the erection or movement of a temporary structure for dwelling purposes, including mobile home/trailer coaches, shall be made to the Building Inspector and/or Zoning Administrator on a special form used exclusively for that purpose.

(a) The temporary permit issued shall clearly set forth the conditions under which the permit is granted and shall state that the proposed temporary dwelling structure is to be vacated upon expiration of the building permit, not to exceed 12 months. No permit shall be transferable to any other owner or occupant. The temporary permit may be renewed for a period not to exceed one year at the discretion of the Building Inspector and/or Zoning Administrator; a reason may be that adequate progress has been made to the structure and additional time is required to complete the project.

§ 300-85 Zoning Board of Appeals.

A. Procedures.

(1) Hearings. When notice of appeal has been filed in proper form with the Zoning Board of Appeals, the Board shall immediately place the said request for appeal on the calendar for hearing, and shall cause notices stating the time, place and object of the hearing to be served as specified in § 300-79. Any person may appear and testify at the hearing, from time to time, and if the time and place of the continued hearing be publicly announced at the time of adjournment of the Zoning Board of Appeals hearing, no further notice shall be required.

(2) Decisions. The Zoning Board of Appeals shall return a decision upon each case within 30 days after a formal application for an appeal or request for a variance has been filed, unless a further time is agreed upon with the parties concerned. Any decision of the Zoning Board of Appeals shall not become final until the expiration of five days from the date of entry of such order, unless the Zoning Board of Appeals shall find immediate execution of such order is necessary for the preservation of property or personal rights and shall so certify on the record.

(3) Majority vote. The concurring vote of a majority of the members of the Zoning Board of Appeals shall be necessary to reverse any order, requirements, decision or determination of the Zoning Administrator to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation in this chapter.

B. Appeals. Appeals to the Appeals Board.

(1) A demand for a zoning appeal is received by the Zoning Administrator.

(2) Appeals can be filed by a person aggrieved, or an officer, department, board, or bureau of the state or local unit of government.

(3) The Appeals Board shall have the authority to hear appeals concerning:

(a) All questions that arise in the administration of this chapter, including interpretation of the Zoning Map.

(b) All administrative orders, requirements, decision or determination made by an administrative official or body charged with enforcement of this chapter.

(c) All decisions of the Zoning Administrator.

(d) All decisions concerning site plan review.

(4) Upon receipt of a demand for appeal, the Administrator will review the demand for appeal to ensure it is complete and the fee is paid.

(5) If the application is not complete, the Administrator will return the application to the applicant with a letter that specifies the additional material required.

(6) If the application is complete, the Administrator and Chairman of the Appeals Board shall establish a date to hold a hearing on the appeal.

(7) The appeal stays all proceedings in furtherance of the action appealed, unless the body or officer from whom the appeal is taken certifies to the Zoning Board of Appeals that by reason of facts stated in the certificate, a stay would, in the opinion of the body or officer, cause imminent peril of life or property, in which case proceedings may be stayed by a restraining order issued by the Zoning Board of Appeals or a Circuit Court.

(8) The notices shall be given in accordance with § 300-79 of this chapter.

(9) The Appeals Board shall hold a hearing on the demand for appeal.

(a) Representation at hearing. Upon the hearing, any party or parties may appear in person or by agent or by attorney.

(b) Standards for variance decisions by the Appeals Board. The Appeals Board shall base its decision on variances from the strict requirements of this chapter so that the spirit of this chapter is observed, public safety secured, and substantial justice done based on the following standards:

[1] For dimensional variances. A dimensional variance may be granted by the Zoning Board of Appeals only in cases where the applicant demonstrates in the official record of the public hearing that practical difficulty exists by showing all of the following:

[a] That the need for the requested variance is due to unique circumstances or physical conditions of the property involved, such as narrowness, shallowness, shape, water, or topography, and is not due to the applicant's personal or economic difficulty.

[b] That the need for the requested variance is not the result of actions of the property owners or previous property owners (self-created).

[c] That strict compliance with regulations governing area, setback, frontage, height, bulk, density or other dimensional requirements will unreasonably prevent the property owner from using the property for a permitted purpose, or will render conformity with those regulations unnecessarily burdensome.

[d] That the requested variance is the minimum variance necessary to do substantial justice to the applicant as well as to other property owners in the district.

[e] That the requested variance will not cause an adverse impact on surrounding property, property values, or the use and enjoyment of property in the neighborhood or zoning district.

[2] For use variances. Under no circumstances shall the Appeals Board grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.

(10) If the demand for appeal is for a variance, the Appeals Board shall either grant, grant with conditions, or deny the application. The Appeals Board may reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination and may issue or direct the issuance of a permit. A majority vote of the membership of the Appeals Board is necessary to grant a dimensional variance and rule on an interpretation of this chapter. The decision shall be in writing and reflect the reasons for the decision.

(a) At a minimum, the record of the decision shall include:

[1] Formal determination of the facts.

[2] The conclusions derived from the facts (reasons for the decision)

[3] The decision.

(b) Within eight days of the decision, the record of the decision shall be certified and a copy delivered by first class mail to the person demanding the appeal, the administrator, and other parties.

(11) Any person having an interest aggrieved by such decision shall have a right to appeal to Circuit Court within 30 days of the certified decision of the Appeals Board, as provided by law.

C. Fees. A fee as established by the Township Board of Trustees shall be paid to the Zoning Administrator and/or the Building Inspector at the time of filing application with the Zoning Board of Appeals. The purpose of such fee is to cover, in part, the necessary advertisements, investigations, and other expenses incurred by the Zoning Board of Appeals in connection with the appeal.

D. Membership.

(1) Membership of the Zoning Board of Appeals shall not be comprised of fewer than three members.

(a) One of the regular members of the Zoning Board of Appeals shall be a member of the Planning Commission.

(b) The remaining regular members, and any alternate members, shall be selected from the electors of Midland Charter Township. The members selected shall be representative of the population distribution and of the various interests present in Midland Charter Township.

(c) One regular member may be a member of the Township Board, but shall not serve as Chairperson of the Zoning Board of Appeals.

(d) An employee or contractor of the Township Board may not serve as a member of the Zoning Board of Appeals.

(2) The Township Board may appoint not more than two alternate members for the same term as regular members to the Zoning Board of Appeals. An alternate member may be called as specified to serve as a member of the Zoning Board of Appeals in the absence of a regular member if the regular member will be unable to attend one or more meetings. An alternate member may also be called to serve as a member for the purpose of reaching a decision on a case in which the member has abstained for reasons of conflict of interest. The alternate member appointed shall serve in the case until a final decision is made. The alternate member has the same voting rights as a regular member of the Zoning Board of Appeals.

E. Meetings.

(1) Meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at other times as the Zoning Board of Appeals in its rules of procedure may specify. The Chairperson or, in his or her absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses.

(2) The Zoning Board of Appeals shall maintain a record of its proceedings, which shall be filed in the office of the Township Clerk.

F. Purpose and procedures.

(1) The Zoning Board of Appeals shall hear and decide questions that arise in the administration of this chapter, including the interpretation of the Zoning Maps, and may adopt rules to govern its procedures sitting as a Zoning Board of Appeals. The Zoning Board of Appeals shall also hear and decide on matters referred to the Zoning Board of Appeals or upon which the Zoning Board of Appeals is required to pass under a zoning ordinance adopted under this act. It shall hear and decide appeals from and review any administrative order, requirement, decision, or determination made by an administrative official or body charged with enforcement of this chapter, including reviews for special land use and planned unit development decisions.

(2) The concurring vote of a majority of the members of the Zoning Board of Appeals is necessary to reverse an order, requirement, decision, or determination of the Zoning Administrator and/or the Building Inspector, to decide in favor of the applicant on a matter upon which the Zoning Board of Appeals is required to pass under this chapter, or to grant a variance in this chapter.

G. Malfeasance. A member of the Zoning Board of Appeals shall disqualify himself or herself from a vote in which the member has a conflict of interest. Failure of a member to disqualify himself or herself from a vote in which the member has a conflict of interest constitutes malfeasance in office. The Charter Township of Midland Board of Trustees shall provide for the removal of a member of the Zoning Board of Appeals for misfeasance, malfeasance, or nonfeasance in office upon written charges and after public hearing.