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.
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:
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.
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.
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.
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.
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.
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.
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:
(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.
[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.
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]
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.
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.
(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.
(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.