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:
(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.
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)]
Public notification. All applications for development approval
requiring a public hearing shall comply with the Zoning Enabling Act 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.
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.
*
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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.
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(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.