CHAPTER 15

Administration, Enforcement and Amendments

SECTION 1501. DUTIES OF THE ZONING/BUILDING ADMINISTRATOR

The Zoning/Building Administrator's (Administrator) duties shall include the following items and any other tasks that may be assigned by the Township Board or provisions of this Ordinance.

(1) ACCEPT AND RECORD APPLICATIONS, ISSUE AND RECORD PERMITS. All applications for Permits shall be submitted to the Administrator who shall keep a record of all applications, which have been submitted and their disposition. When all applicable provisions of this Ordinance have been met regarding any application, the Administrator shall issue a Permit for the proposed use. When conditions are not met, the Administrator shall consult with the applicant to determine the proper course of action. The Administrator shall maintain a record of all applications and related permits, including documentation for each.

(2) ISSUE WRITTEN DENIAL. When any application for a permit is denied, the Administrator shall provide the applicant with a written denial, stating the reasons for the denial.

(3) NOTICE OF HEARINGS. Whenever a zoning matter is the subject of a public hearing before the Planning Commission or the Zoning Board of Appeals, the designated committee member from each of the Planning Commission or Zoning Board of Appeals shall prepare notices of the hearing and disseminate said notices as required by this Ordinance.

(4) INSPECTIONS. The Administrator shall be empowered to make inspections of buildings or premises to carry out enforcement of this Ordinance.

(5) RECORD NONCONFORMING USES. The Administrator shall record all nonconforming uses existing at the effective date of this Ordinance.

(6) RECORD SPECIAL USES. The Administrator shall keep a record of all Special Use Permits issued under the terms of this Ordinance for the purpose of carrying out provisions of Chapter 6.

(7) RECORD INTERPRETATIONS OF ORDINANCE. The Administrator shall maintain a concise record of all interpretations of this Ordinance rendered by the Zoning Board of Appeals. Interpretations of the ordinance do not include dimensional or administrative issues. This record shall be consulted whenever questions arise concerning interpretation of any provision of this Ordinance to determine whether any applicable precedents have been set.

(8) PUBLIC INFORMATION. The Administrator shall respond to inquiries and dispense information or copies of this Ordinance to make the public aware of and familiar with the provisions of this Ordinance. Public awareness and acceptance of the Zoning Ordinance will help to maintain compliance with it.

(9) RESPOND TO COMPLAINTS. The Administrator shall respond within five business days, whenever possible, to any complaint regarding an alleged violation of the terms or conditions of this Ordinance or any permit issued pursuant to it. The Administrator shall provide a report at each regular Planning Commission meeting summarizing the nature and disposition of complaints that have been received. A written record of all complaints, responses and dispositions of the complaint will be maintained.

(10) MAY NOT CHANGE ORDINANCE. Under no circumstances is the Administrator permitted to make changes in this Ordinance or to vary the terms of this Ordinance.

SECTION 1502. PLANNING COMMISSION.

(1) MEMBERSHIP. Repealed. See Planning Commission Ordinance (currently Ordinance 08-02).

Historical Notes: Subsection (1) repealed by Ordinance 09-01, eff Dec 23, 2009.

Subsection (1) amended by Ordinance 04-05, eff Oct 7, 2004.

(2) TERMS OF OFFICE. Repealed. See Planning Commission Ordinance

Historical Note: Subsection (2) repealed by Ordinance 09-01, eff Dec 23, 2009.

(2.1) CONFLICT OF INTEREST. Refer to Chapter 2 (Definitions) for the definition and procedures when a possible Conflict of Interest occurs. Failure of a member to disqualify himself or herself in accordance with Chapter 2 constitutes malfeasance in office.

Historical Note: Subsection (2.1) added by Ordinance 09-01, eff Dec 23, 2009.

Subsection (2.1) amended-2^nd sentence –word “to” corrected to “of”. Ordinance 15-02 eff Dec 24, 2015.

(2.2) REMOVAL OF MEMBERS. Refer to the Planning Commission Ordinance for conduct that authorizes the removal of members. The procedures stated in Section 1503(9.1) for the removal of ZBA members will also be used for the removal of planning commission members.

Historical Note: Subsection (2.2) added by Ordinance 09-01, eff Dec 23, 2009.

(2.3) VOTING. A member of the planning commission who is also a member of the township board or the zoning board of appeals may not on the same matter in both bodies. Generally, said member should abstain from discussion and voting in the planning commission on any matter that is expected to come before the township board or the zoning board of appeals.

Historical Note: Subsection (2.3) added by Ordinance 09-01, eff Dec 23, 2009.

Subsection (2.3) amended-by adding 2^nd sentence- Ordinance 15-02, eff Dec 24, 2015.

(3) RULES OF PROCEDURE. The Planning Commission shall adopt its own rules of procedures to conduct its meetings and carry out its function in accordance with the Planning Commission Ordinance. The Commission shall choose its Chairperson, Vice chairperson and Secretary for a term of one year. An ex officio member may not serve as the Chairperson.

Historical Note: Subsection (3) amended by Ordinance 09-01, eff Dec 23, 2009.

(4) MEETINGS. Repealed. Refer to Planning Commission Ordinance.

Historical Note: Subsection (4) repealed by Ordinance 09-01, eff Dec 23, 2009.

(5) MASTER PLAN. The planning commission make a plan as a guide for the development of unincorporated areas of the township. The plan contents, adoption, amendment, review by the county planning commission, notification to other entities shall be in accordance with the Planning Enabling Act. Formal approval of plans shall be made by the township board.

Historical Note: Subsection (5) amended by Ordinance 09-01, eff Dec 23, 2009.

Prior to the 2009 amendments, this subsection read: “DEVELOPMENT PLAN. The Planning Commissions shall make and adopt a basic plan as a guide for the development of unincorporated areas of the Township. Plan contents, adoption, amendment, approval by the county planning commission, hearing and publication shall be according to The Township Rural Zoning Act, P.A. 168 of 1959 as amended.”

(6) ZONING ORDINANCE. The Zoning Ordinance shall be based on a plan designed to promote the public health, safety, and general welfare. The ordinance shall be reviewed annually to determine whether amendments are required or desirable.

Historical Note: Subsection (6) amended by adding the 2^nd sentence, Ordinance 09-01, eff Dec 23, 2009.

(7) ADMINISTRATION AND ENFORCEMENT. The Planning Commission shall be responsible for the administrative and enforcement activities under subsection (8), (9), and (10) of this section:

Historical Notes: Subsection (7) amended by Ordinance 04-05, eff Oct 7, 2004.

Prior to 2004 amendment, subsection (7) read: “The Planning Commission shall be responsible for the following administrative and enforcement activities under this Ordinance.”

(8) SITE PLAN APPROVAL. The Planning Commission shall review Site Plans and issue its approval, conditional approval or denial.

(9) 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.

(10) REZONING OR AMENDMENT. The Planning Commission shall conduct public hearings for proposals to rezone property or amend the text of this Ordinance. Following a public hearing, the Planning Commission shall make its recommendation regarding the proposed rezoning or text change to the Township Board.

(11) ADDITIONAL DUTIES. The planning commission shall also perform duties specified in other township ordinances and as directed from time to time by the township board.

(12) ANNUAL REPORT. The planning commission shall make an annual written report to the township board concerning its operations and the status of planning activities, including recommendations regarding actions by the township board relating to planning and development. The report shall be submitted not later than February 28^th for the preceding calendar year.

(13) ADVISORY COMMITTEES. The planning commission may appoint advisory committees whose members are not members of the planning commission.

(14) SUBDIVISIONS. The planning commission may recommend to the township board provisions of an ordinance or rules governing the subdivision of land authorized under section 105 of the Land Division Act, following the procedures prescribed by section 71 of the Planning Enabling Act.

Historical Note: Subsections (11), (12), (13) and (14) added by Ordinance 09-01, eff Dec 23, 2009.

SECTION 1503. ZONING BOARD OF APPEALS.

(1) ESTABLISHMENT. The Township Board hereby establishes a Township Zoning Board of Appeals. The Zoning Board of Appeals in existence on July 1, 2006 shall continue to act as the Zoning Board of Appeals subject to the Michigan Zoning Enabling Act.

Historical Notes: Subsection (1) amended by Ord 08-01, eff Feb 25, 2008.

Prior to the 2008 amendment, subsection (1) read: “The Township Board, exercising the authority of Act 184 of the Public Acts of 1943, as amended, hereby provides that a Township Zoning Board of Appeals be established.”

(2) MEMBERSHIP. The Tobacco Township Zoning Board of Appeals shall consist of five (5) members. The first member of the Board of Appeals shall be a member of the Township Planning Commission, one member may be a member of the Township Board, and the remaining regular members, and any alternate members, shall be selected and appointed by the Township Board from among the electors residing in the zoning jurisdiction of the Township. The members selected shall be representative of the population distribution and of the various interests present in the township. An elected officer of the Township may not serve as chairperson of the Zoning Board of Appeals. An employee or contractor of the Township Board may not serve as a member or employee of the Zoning Board of Appeals.

Historical Notes: Subsection (2) amended by Ord 08-01, eff Feb 25, 2008.

Subsection (2) amended by Ord 04-05, eff Oct 7, 2004.

Prior to the 2008 amendment, subsection (2) read: “The Tobacco Township Zoning Board of Appeals shall consist of five (5) members. The first member of the Board of Appeals shall be a member of the Township Planning Commission, one member may be a member of the Township Board, and the remaining members shall be selected and appointed by the Township Board from among the electors residing in the unincorporated area of the Township. An elected officer of the Township may not serve as chairperson of the Zoning Board of Appeals. An employee or contractor of the Township Board may not serve as a member or employee of the Zoning Board of Appeals. Members of the Board of Appeals shall be removable by the Township Board for nonperformance of duty or misconduct in office upon written charges and after public hearing.”

Prior to 2004 amendment, subsection (2) required a member of the Township Board to be a member of the Zoning Board of Appeals.

(2.1) ALTERNATE MEMBERS. The Township Board may appoint not more than two alternate members for the same term as regular members of the ZBA. A member of the township board may be an alternate member, rather than a regular member. An alternate member may be called to serve as a member of the ZBA in the absence of a regular member if the regular member will be unable to attend 1 or more meetings, or 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.

Historical Notes: Subsection (2.1) amended by adding the 2^nd sentence by Ordinance 09-01, eff Dec 23, 2009.

Subsection (2.1) added by Ord 08-01, eff Feb 25, 2008

(3) TERMS OF OFFICE. Terms of Zoning Board of Appeals members shall be for three (3) years, except for members serving because of their membership on the Planning Commission or Township Board, whose terms shall be limited to the time they are members of said bodies and the period stated in the resolution appointing them. A successor shall be appointed not more than one month after the term for the preceding member has expired. All vacancies for unexpired terms shall be filled for the remainder of the term. Rotation of membership is encouraged.

(4) RULES OF PROCEDURE. The Board of Appeals may adopt its own rules of procedure as may be necessary to conduct its meetings and carry out its function. The Board shall choose its chairperson, and in the chairperson's absence, an acting chair

(5) MEETINGS. Meetings shall be held at the call of the chairperson and at such times as the Board of Appeals may determine. A simple majority of the regular members of the Board of Appeals shall constitute a quorum and may conduct any items of business brought before the Board. All meetings of the Board shall be open to the public. The Board may declare any meeting, or part of any meeting, a study meeting to pursue matters of business with out comment or interruption from the public in attendance. The Chairperson, or acting Chairperson may administer oaths and compel the attendance of witnesses.

Historical Notes: Subsection (5) amended by Ord 08-01, eff Feb 25, 2008.

Prior to the 2008 amendment, subsection (5) read: “Meetings shall be held at the call of the chairperson and at such times as the Board of Appeals may determine. A simple majority of the membership of the Board of Appeals shall constitute a quorum and may conduct any items of business brought before the Board. All meetings of the Board shall be open to the public. The Board may declare any meeting, or part of any meeting, a study meeting to pursue matters of business with out comment or interruption from the public in attendance.”

(6) RECORDS. Minutes shall be recorded of all proceedings which shall contain evidence and dates relevant to every case considered together with the votes of the members and the final disposition of each case. Such minutes shall be filed in the office of the Township Clerk and shall be public records.

(7) DECISIONS. The Zoning Board of Appeals shall return a decision upon each case within a reasonable time frame. Any decision of the Zoning Board of Appeals shall not take effect until the expiration of five (5) days after the date of said decision, unless the Board of Appeals certifies on the record that the decision must be given immediate effect for the preservation of property or personal rights. No permit authorized by such a decision shall be issued until the decision has taken effect.

Historical Notes: Subsection (7) –1^st sentence amended to eliminate a fixed time period to return a decision. Ordinance 15-02,

Eff Dec 24, 2015.

(8) MAJORITY VOTE. The concurring vote of a majority of the membership of the Zoning Board of Appeals shall be necessary to decide upon any issue brought before the Board. For example, if three members are present, out of a total of five members, all three must concur to pass a motion. A member of the ZBA who is also a member of the township board or the planning commission may not vote on the same matter in both bodies

Historical Note: Subsection (8) amended by adding the last sentence by Ordinance 09-01, eff Dec 23, 2009.

(9) CONFLICT OF INTEREST. Refer to Chapter 2 (Definitions) for the definition and procedures when a possible Conflict of Interest occurs. Failure of a member to disqualify himself or herself in accordance with Chapter 2 constitutes malfeasance in office.

Historical notes: Subsection (9) amended by Ordinance 09-01, eff Dec 23, 2009.

Subsection (9) amended by Ord 08-01, eff Feb 25, 2008.

Subsection (9) amended 2^nd sentence –correcting word “to” to “of”. Ordinance 15-02, eff Dec 24, 2015.

Prior to the 2009 amendment, this subsection read: “CONFLICT OF INTEREST. A member of the Zoning Board of Appeals shall disqualify himself or herself from discussion and voting 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 shall constitute malfeasance in office.

The 2008 amendment changed Subsection (9) as follows: last sentence: the word “misconduct” was changed to read “malfeasance”.

(9.1) REMOVAL OF MEMBERS OF THE ZONING BOARD OF APPEALS. A member of the ZBA may be removed by the Township Board for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing.

(1) Upon receipt of written charges a member of the Township Board, or another person appointed by the board, shall conduct an informal investigation of the charges by questioning the member charged, other members of the ZBA, the person(s) filing the charges and any other person(s) who may have knowledge of the alleged violations of law.

(2) A written summary of the investigation shall be submitted to the Township Board not later than the second regular meeting of the Township Board after receipt of the written charges.

(3) A copy of the written charges shall be furnished to the member charged in person or by first class mail. A copy of the investigation summary shall also be furnished to the member charged in the same manner prior to the Township Board meeting at which the investigation summary will be considered.

(4) If the Township Board decides to proceed with removal proceedings, a notice of public hearing shall be published in a newspaper of general circulation within the township at least 15 days prior to the date of the public hearing.

(5) A written notice of the public hearing shall be furnished to the member charged and to all other persons deemed necessary to the proper conduct of the public hearing requiring their appearance at the hearing.

(6) Upon conclusion of the public hearing, the Township Board shall vote on the matter of removal. A majority vote of the Township Board members shall be required to remove the member. If there is a majority vote to remove the member, such removal shall be effective immediately.

Historical Notes: Subsection (9.1) added by Ord 08-01, eff Feb 25, 2008.

(10) DUTIES. The Tobacco Township Zoning Board of Appeals shall have the power to act on those matters where this Ordinance provides for an administrative review/appeal, interpretation, or variance as defined in this Section. The Board of Appeals shall NOT have the power to alter or change the zoning district classification of any property, or to make any change in the terms or intent of this Ordinance.

Historical Notes: Subsection (1) amended by adding the word “appeal” to the first sentence. Ord 08-01, eff Feb 25, 2008.

(a) ADMINISTRATIVE REVIEW/APPEAL. The Zoning Board of Appeals is empowered to review and reverse or modify any administrative order, requirement, decision or determination made by an administrative official or body charged with enforcing or administering this Ordinance. The Board is not empowered to overturn decisions of the Planning Commission regarding Special Use Permits, including such permits for Planned Unit Developments. The Board may not overturn the denial of a site plan in connection with any Special Use Permit proceedings. An Administrative Review/Appeal to the Zoning Board of Appeals may be requested by any person aggrieved, or by any officer, department, board, or bureau of the federal, state or local unit of government. Any such request must be made in writing not more than twenty (20) days after the date of the Zoning Administrator's or body’s decision. The Zoning Board of Appeals may, by general rule, change the time limit for an appeal within the bounds of fairness; a copy of said rule still be transmitted to the Township Board.

An administrative review/appeal shall stay all proceedings in furtherance of the action being reviewed/appealed, unless the body or officer from whom the appeal is taken certifies to the ZBA after the notice of appeal is filed that, by reason of facts stated in the certificate, a stay would in the opinion of the body or officer cause imminent peril to life or property, in which case proceedings shall not be stayed unless a restraining order is issued by the ZBA or a circuit court.

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 administrative official or body, to decide in favor of the applicant on a matter upon which the Zoning Board of Appeals is required to pass under this ordinance, or to grant a variance to this ordinance.

Historical Note: Subsection (a) was amended by Ord 08-01, eff Feb 25, 2008.

Prior to the 2008 amendment, subsection (a) read: “(a) ADMINISTRATIVE REVIEW. The Zoning Board of Appeals is empowered to review and reverse or modify any order, decision or determination made by an administrative official charged with enforcing or administering this Ordinance. The Board is not empowered to overturn decisions of the Planning Commission regarding Special Use Permits, including such permits for Planned Unit Developments. The Board may not overturn the denial of a site plan in connection with any Special Use Permit proceedings. An Administrative Review by the Zoning Board of Appeals may be requested by any person aggrieved, or by any officer, department, or board of the local government. Any such request must be made in writing not more than ten (10) days after the date of the Zoning Administrator's decision.

An administrative review shall stay all proceedings in furtherance of the action being reviewed, except as follows. If the Zoning Administrator certifies in writing to the Zoning Board of Appeals, after a request for an administrative review has been filed, that a stay would cause imminent peril to life or property, the proceedings shall not be stayed unless a restraining order is issued by the Zoning Board of Appeals or by court action.”

(b) INTERPRETATION. The Zoning Board of Appeals may interpret provisions of this Ordinance as outlined below. Each such interpretation shall establish the precedent for future treatment of the issue being addressed. To achieve the objective of consistent enforcement of this Ordinance, whenever an interpretation question arises which has been addressed previously by the Zoning Board of Appeals, the earlier interpretation shall apply without requiring further action by the Board. Interpretation issues do not include dimensional variance issues. The Zoning Administrator shall keep a concise record of all interpretations made by the Zoning Board of Appeals to facilitate such reference.

1. The Board may determine the precise location of the boundary lines between zoning districts.

2. The Board may classify any activity which is not specifically mentioned in the Uses Table of any Zoning District as a Use by Right or Special Use within at least one Zoning District, provided that said classification shall be consistent with the classification of similar uses and with the purpose and intent of each Zoning District.

Historical Notes: Subsection (10)(b)2. amended by Ordinance 04-05, eff Oct 7, 2004.

Prior to 2004 amendment, subsection (10)(b)2. read: “The Board may classify any activity which is not specifically mentioned in the Uses Table in Chapter 3 (District Regulations) for any Zoning District as a Use by Right or Special Use within at least one Zoning District, provided that said classification shall be consistent with the classification of similar uses and with the purpose and intent of each Zoning District”.

3. The Board may determine the off-street parking and loading space requirements of any use for which these requirements are not determinable using the information provided for this purpose in Chapter 12 (Parking Regulations and in the District Regulations of the appropriate district.

Historical Notes. Subsection (10)(b)3. amended by Ordinance 04-05, eff Oct 7, 2004.

Prior to 2004 amendment, subsection (10)(b)3. read: “The Board may determine the off-street parking and loading space requirements of any use for which these requirements are not determinable using the information provided for this purpose in Chapter 3, District Regulations”.

4. The Board may interpret any portion of this Ordinance when an official or body is unable to clearly determine its intent or effect.

Historical Notes: Subsection (10)(b)4 amended by Ord 08-01, eff Feb 25, 2008.

Prior to the 2008 amendment, subsection (10)(b)4 read: “ The Board may interpret any portion of this Ordinance when the Zoning Administrator is unable to clearly determine its intent or effect.”

requirements of this ordinance so that the spirit of the ordinance is observed, public

safety secured, and substantial justice done based on the following standards.

1. Nonuse (Dimensional) Variances: A nonuse variance may be granted by the

ZBA 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 required 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

applicants personal or economic difficulty.

(b) That the need for the required variance is not the result of actions of

the property owner or previous property owners (self-created).

frontage, height, bulk, density, other dimensional requirements, or any

other nonuse-related standard 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. Use Variances: Under no circumstances shall the ZBA grant a variance to allow

a use not permissible under the terms of this ordinance in the district involved,

or any use expressly or by implication prohibited by the terms of this ordinance

in said district. Under the provisions of MCL 125.3604(9), this township does

not have the authority to grant use variances.

3. A variance in the zoning ordinance may be applied for and granted under

section 4 of the uniform condemnation procedures act (MCL 213.54), as

amended, and as provided under Section 604(1) of the Zoning Enabling Act.

4. A variance shall not be granted that results in a violation of the Gladwin County

Drain Commission’s Administrative Guidelines for Storm Water Management

(Section 1511(7).

Historical Notes: Subsection (c ) amended by Ord 08-01, eff Feb 25, 2008.

Prior to the 2008 amendment, subsection (c ) read: " VARIANCES. The Zoning Board of Appeals is empowered to grant variances to such requirements as lot area and width regulations, yard and depth regulations, and off-street parking and loading space requirements. Any requirement of this Ordinance which can be expressed in terms of numbers may be brought before the Zoning Board of Appeals to be considered for a variance. A variance may be granted when any ONE (1) of the following special conditions can be demonstrated clearly:

1. There are PRACTICAL DIFFICULTIES or unnecessary hardships which prevent carrying out the strict letter of the Ordinance. These hardships or difficulties shall not be deemed economic, but shall be evaluated in terms of the use of a particular parcel of land.

2. There are exceptional CIRCUMSTANCES or physical conditions such as narrowness, shallowness, shape, or topography of property involved. Or, due to the intended use of the property, that will not apply to other property or uses in the same zoning district. Circumstances resulting from an act of the applicant, after the adoption of this Ordinance, shall not be allowed a variance.

3. Variation is necessary for the preservation of a SUBSTANTIAL PROPERTY RIGHT possessed by other properties in the same zoning district. When a variance is being considered to overcome unique circumstances or physical conditions regarding the configuration of the property involved, these circumstances or conditions must not have resulted from any act of the applicant or property owner subsequent to the adoption of this Ordinance.”

(d). RULES FOR ZONING BOARD OF APPEALS ACTIONS.

1. A public hearing must be held by the Zoning Board of Appeals prior to making a

decision on a variance, an administrative review/appeal or interpretation in accordance with Section 1506.

Historical Notes: Subsections previously numbered (10)(c)4 a, b, c, d, and e were renumbered (10)(d)1, 2, 3, 4. and 5 by

Ord 08-01, eff Feb 25, 2008. Subsection (10)(d)1 amended by Ord 08-01, eff Feb 25, 2008.

Prior to 2008 amendment, subsection (10)(d)1 read: “A public hearing must be held by the Zoning Board of Appeals prior to making a decision on a variance, an administrative review or interpretation which relates to a specific parcel. Mailed notice shall be given not less than five (5) days nor more than fifteen (15) days before the date of the meeting at which the action will be considered.”

2. In making any decision, the Zoning Board of Appeals must endeavor to avoid

causing a substantial adverse effect upon property values in the immediate

vicinity of the subject property. Nor shall such actions have the effect of

substantially impacting property values for land in the Zoning District in which

the subject property is located.

3. Any action brought before the Zoning Board of Appeals may relate only to a

single parcel which must be under control of the applicant. If the applicant is not

the owner of the property, evidence must be provided that the owner concurs with

the request for Zoning Board of Appeals action.

4. Approval by the Zoning Board of Appeals of any request may not be granted

simply to prevent an economic loss. Improving an owner's chance to profit from

sale of a parcel is NOT an objective of this Ordinance.

5. Any request which has been denied wholly or in part by the Zoning Board of

Appeals may only be appealed to the Circuit Court. However, if new evidence

or changed conditions are found, the Board may elect to rehear a case. In addition,

the Board may, in the interest of fairness and justice, elect to rehear a case if it

determines that the original decision did not comply with federal, state, or local

law, or was contrary to the evidence presented at the original hearing.

Historical Note: Subsection 5. was amended by adding the last sentence, Ordinance 09-01, eff Dec 23, 2009.

SECTION 1504. ENFORCEMENT.

(1) RESPONSIBILITY. The Zoning Administrator shall enforce the provisions of this Ordinance.

(2) VIOLATIONS AND PENALTIES.

(a) Violations of any provisions of this Ordinance are declared to be a nuisance per se. Any and all

building or land use activities which are considered to be possible violations of the provisions of

this Ordinance, and which are observed by or communicated to a Township Official or employee,

shall be reported to the Zoning Administrator.

(b) INSPECTION OF VIOLATION. The Zoning Administrator shall inspect each alleged violation he or she observes or is made aware of and shall order correction, in writing, of all conditions found to be in violation of this Ordinance.

determined by the Zoning Administrator, but not to exceed thirty (30) days, providing that he may

issue one (1) extension, not exceed thirty (30) days, if progress is being shown.

(d) PENALTIES. Every person, whether as principal agent, servant, employee, or otherwise,

including the owners of any building, structure or premise or part thereof where any violation of

this Ordinance shall exist or shall be created, who shall violate or refuse to comply with any of the

provisions of this Ordinance shall be guilty of maintaining a nuisance per se and if found

responsible for such violation by a court of competent jurisdiction, the same shall be designated a

municipal civil infraction subject to a civil fine of not less than one hundred ($100.00) dollars and

not more than five hundred ($500.00) dollars. For each and every day the violation continues

beyond the correction period, a separate offense shall be declared. Additionally, the court may

issue and enforce any judgment, writ, or order necessary to enforce the Ordinance.

(e) CUMULATIVE RIGHTS AND REMEDIES. The Township Board or any owner of real estate

may institute an injunction, mandamus, abatement, or any other appropriate proceedings to

prevent, enjoin, abate, or remove an unlawful erection, alteration, maintenance, or use. The rights

and remedies provided herein are cumulative and in addition to all other remedies provided by

law.

(3) FAILURE TO APPEAR; PENALTY.

(a) A person served with a municipal civil infraction who fails to appear within the time specified in

the citation or at the time specified in the citation or at the time scheduled for a hearing or

appearance is guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars

($500.00) or imprisonment for not more than ninety (90) days or by both such fine and

imprisonment in the discretion of the court.

(b) Failure to appear will also result in the entry of a default judgment on the municipal civil

infraction.

(4) CONFLICTING REGULATIONS. Repealed by Ord 08-01, eff Feb 25, 2008. (Refer to section 103).

Prior to 2008 amendment, subsection (4) read: “CONFLICTING REGULATIONS. In the interpretation, application, and enforcement of the provisions of this Ordinance, whenever any of the provisions or limitations imposed or required by this Ordinance are more stringent than any other law or Ordinance, then the provisions of this Ordinance shall govern, PROVIDED also that whenever the provisions of any other law or Ordinance impose more stringent requirements than are imposed or required by this Ordinance, the provisions of such other law or Ordinance shall govern.”

(5) PERFORMANCE GUARANTEE.

(a) To ensure compliance with this ordinance and any conditions imposed under this

ordinance, the township may require that a cash deposit, certified check, irrevocable

letter of credit, or surety bond acceptable to the township covering the estimated cost of

improvements be deposited with the township clerk to insure faithful completion of the

improvements.

(b) The performance guarantee shall be deposited at the time of issuance of the permit

authorizing the activity or project. The township may not require the deposit of the

performance guarantee until it is prepared to issue the permit.

the required improvements shall be made as work progresses. (See subsection (f) below.)

(d) This section shall not be applicable to improvements for which a cash deposit, certified

check, irrevocable bank letter of credit, or surety bond has been deposited under the

Land Division Act (MCL 560.101 et seq).

(e) The Township Board may, on it own motion, or upon recommendation from the

Planning Commission, determine that a performance guarantee shall be required for

projects on a case by case basis, or the board may, by resolution, set a policy requiring

performance guarantee’s under circumstances defined in the resolution.

(f) In order for a rebate of any portion of a “cash deposit” to be approved, the property

owner must submit a written request to the Township Clerk that provide documents

showing the improvements that have been completed, the amount of the rebate

requested, the ratio of completed improvements to the total improvements required. The

request must be received at least 5 days prior to the Township Board meeting at which

the request is to be considered.

(g) “Improvements” means those features and actions associated with a project that are

considered necessary by the body or official granting zoning approval to protect

natural resources or the health, safety, and welfare of the residents of the township

and future users or inhabitants of the proposed project or project area, including

roadways, lighting, utilities, sidewalks, screening, and drainage. Improvements do not

include the entire project that is the subject of zoning approval (Section 102(l) of the

ZEA).

(h) Failure to Complete Improvements. When, in the opinion of the township board, the developer

fails to complete required improvements, or fails to complete them in a timely manner, the

township board may forfeit the performance guarantee and have the improvements completed.

Prior to withdrawing funds from the cash deposit, certified check, irrevocable letter of credit,

surety bond or other performance guarantee, the township board shall make reasonable efforts to

have the improvements completed by the developer or other responsible party. Funds may be

withdrawn prior to the start of construction to complete the improvements. The township board

shall not withdraw any funds from a performance guarantee except upon a written

recommendation of the township attorney. Any funds remaining after completion of the

improvements, and payment of any township expenses related thereto, shall be returned to the

party furnishing the performance guarantee.

Historical Notes: Subsection (5)(h) added by Ordinance 09-01, eff Dec 23, 2009.

Subsection (5) added by Ord 08-01, eff Feb 25, 2009.

SECTION 1504A. ZONING PERMIT FEES.

The Township Board is authorized to require the payment of reasonable fees for zoning permits, and may also require applicants to pay the actual cost for consultant services. The Township Board shall set the permit fees by resolution, and shall establish the procedures for payment of consultant services by resolution.

Historical Notes: Section 1504A added by Ord 08-01, eff Feb 25, 2008.

SECTION 1505. AMENDMENT.

(1) TOWNSHIP BOARD MAY AMEND. The Township Board may amend the regulations and provisions of this Ordinance and the boundaries of zoning districts shown on the Zoning District

Historical Notes: Subsection (1) amended by deleting the words “by the Township Board” at the end of the subsection by Ord

08-01, eff Feb 25, 2008.

(2) INITIATION OF AMENDMENTS. Proposals for amendments, supplements, or changes may be initiated by the Township Board of its own action, by the Planning Commission, or by petition of one (1) or more persons having an interest, by ownership or option to purchase, in property to be affected by the proposed amendment.

(3) AMENDMENT PROCEDURE.

(a) PETITION TO TOWNSHIP CLERK AND PAYMENT OF FEE. Each petition for an amendment shall be submitted upon an application of standard form to the Township Clerk, who will transmit the application to the Planning Commission for recommended action.

(b) RECOMMENDATION. The Planning Commission shall consider each proposed amendment and may recommend any additions or modifications to the original amendment petition.

(c) PUBLIC HEARING. Before voting on any proposed amendment to this Ordinance, the Planning Commission shall conduct a public hearing, with notice being given to the public as required by Section 1506.

Historical Notes: Subsection (c ) amended by replacing the word “law” with the words “Section 1506” by Ord 08-01, eff Feb 25, 2008.

(d) NOTICE REQUIREMENTS FOR PUBLIC HEARING. Preparation, publication and distribution of notices for the public hearing shall be the responsibility of the Township Planning Commission Secretary.

Historical Notes: Subsection (d) amended by replacing the words “Zoning Administrator” with the words “Planning Commission Secretary” by Ord 08-01, eff Feb 25, 2008.

Subsections (d) 1 and 2 were repealed by Ord 08-01, eff Feb 25, 2008.

Prior to 2008 amendment, subsection (d) 1 and 2 read:

1. CONTENT. Every notice of said hearing shall contain all information required by this ordinance.

2. DISTRIBUTION.

a. PUBLISHED. Notice shall be given by two (2) publications in a newspaper of general circulation in the community, the first to be printed not more than thirty (30) days nor less than twenty (20) days and the second not more than eight (8) days before the date of such hearing.

b. CERTIFIED MAIL. Not less than twenty (20) days notice shall also be given by certified mail to each public utility company servicing the community, at the mailing address identified by each company for the purpose of receiving such notice, and to each railroad company servicing the community, if they request notification.

c. OTHER MAILED NOTICE. In any instance involving the rezoning of one or more parcels, or when the owner or other party having an interest in any parcel has requested a text change, notice of the proposed amendment shall be mailed to the owner of the property in question and to all persons residing, doing business, or owning property within three hundred (300') feet of the premise in question. These persons shall be identified as specified by Chapter 15.

d. AFFIDAVIT OF MAILING. An affidavit of mailing, identifying all parties to whom notice has been sent, shall be prepared and filed with other material relating to the proposed amendment prior to the Planning Commission meeting at which the hearing is to be conducted.

(e) GLADWIN COUNTY PLANNING COMMISSION. Following the conclusion of the Public Hearing and review by the Township Planning Commission, the proposed amendment and any applicable zoning district map shall be submitted to the Gladwin County Planning Commission for their review and recommendation. The county will have waived its right for review and recommendation of the ordinance if the recommendation of the county planning commission has not been received by the township within 30 days from the date the proposed ordinance is received by the county.

Historical Note: Subsection (e) was amended by Ord 08-01, eff Feb 25, 2008.

Prior to 2008 amendment, subsection (e) read: “GLADWIN COUNTY METROPOLITAN PLANNING COMMISSION. Following the conclusion of the Public Hearing and review by the Township Planning Commission, the proposed amendment and any applicable zoning district map may be submitted to the Gladwin County Planning Commission for their review. The approval of the County Planning Commission shall be presumed, conclusively, unless such Commission notifies the Township Board of its approval or disapproval within thirty (30) days of its receipt of the amendment.”

(g) TOWNSHIP BOARD ADOPTION. Upon receipt of the Gladwin County Planning Commission's recommendation, the Township Board shall review said recommendation and that of the Township Planning Commission.

The Township Board may hold a public hearing if it considers it necessary. The Board shall hold a public hearing on a proposed ordinance provision to an interested owner who requests a hearing by certified mail, addressed to the Township Clerk. The Township Board may require the property owner making the request to justify his rationale in requesting the hearing. The request must be received prior to the meeting at which the Board will first consider the proposed ordinance. If such a request is properly requested, the Township Board must hold the requested public hearing, regardless of whether or not the Township Board has previously referred the proposal back to the Planning Commission. The Planning Commission shall be notified of the hearing and encouraged to attend. The hearing may be held at a regular or at a special meeting called for that purpose. Notice of the hearing, and notice of adoption of the ordinance shall be given only to the property owner. Newspaper notice or notice to adjacent property owners or occupants are not required (MCL 125.3401(4).

If the Township Board deems advisable any changes to the amendment recommended by

the Planning Commission, it may refer these changes back to the Planning Commission

for a report thereon within thirty (30) days. The Township Board may deny or adopt the

amendment with or without changes, by a majority vote of its membership, following the

Board's standard procedures for adoption of ordinances. The Board is not required to

refer changes back to the Planning Commission, however, because of “due process”

considerations, the Board shall consider referring recommendations back to the

Planning Commission for a new public hearing or to holding its own hearing if the

Board makes substantive changes to the Planning Commission’s recommendations.

Historical Notes: 2d and 3d paragraph of subsection (g) amended by Ord 08-01, eff Feb 25, 2008.

2d paragraph of subsection (g) amended by Ord 15-02, eff Dec 24, 2015.

Prior to 2008 amendment, the 2d and 3d paragraphs of subsection (g) read: “The Township Board shall grant a hearing on the proposed amendment to any party who has filed a written request to be heard with the Township Clerk. Said request must be received prior to the meeting at which the proposed amendment would first be considered by the Township Board. The Planning Commission shall be notified of the hearing and encouraged to attend. The hearing may be held at a regular meeting or at a special meeting called for that purpose. Notice of the hearing, including all information required by law, shall be published in a newspaper which circulates in the Township not more than fifteen (15) days nor less than five (5) days before the hearing. Mailed notice of said hearing is not required.

If the Township Board deems advisable any changes to the amendment recommended by the Planning Commission, it shall refer these changes back to the Planning Commission for a report thereon within thirty (30) days. The Township Board may deny or adopt the amendment with or without changes, by a majority vote of its membership, following the Board's standard procedures for adoption of ordinances.”

(h) RESUBMITTAL. No application for a rezoning which has been denied by the Township Board shall be resubmitted for a period of one (1) year from the date of the last denial, except on grounds of newly discovered evidence or proof of changed conditions which, upon inspection by the Township Board, are found to be valid.

SECTION 1506. PUBLIC NOTICE REQUIREMENTS

(1) This section provides consolidated public notice requirements for all public notices required

by Sections 103, 202, 502, and 604 of the Zoning Enabling Act and this ordinance, except for

Section 1503(9.1) (Removal of ZBA member).

(2) PUBLIC NOTIFICATION. All applications for developmental approval requiring a public hearing

shall comply with the Michigan Zoning Enabling Act (MCL 125.3101 et seq) and other provisions of this section with regard to public notification.

(3) RESPONSIBILITY. When the provisions of this ordinance or the Michigan Zoning

Enabling Act require that notice be published, the Township Clerk, Planning Commission

Secretary, or the Zoning Board of Appeals Secretary, as appropriate), shall be responsible

for preparing the content of the notice, having it published in a newspaper of general

circulation in Tobacco Township and mailed or delivered as provided in this section.

(4) CONTENT. All mail, personal and newspaper notices for public hearings shall:

(a) > Describe the 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.

(b) 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 address must be listed when eleven (11) or more adjacent properties are

proposed for rezoning, or when the request is for an ordinance

interpretation not involving a specific property.

public hearing(s).

(d) 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.

(e) Handicap access: Information concerning how handicap access will be accommodated

if the meeting facility is not handicap accessible.

(5) PERSONAL AND MAILED NOTICE.

(a) General: When the provisions of this ordinance or state law require that personal or

mailed notice be provided, notice shall be provided to:

1. The owners of property for which approval is being considered, and the applicant, if

different than the owner(s) of the property.

2. Except for rezoning requests involving eleven (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 Tobacco 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 (1) occupant of a structure, except

that if a structure contains more than one (1) dwelling unit or spatial area owned or

leased by different individuals partnerships, businesses, or organizations, one (1)

occupant of each unit or spatial area shall receive notice.

In the case of a single structure containing more than four (4) 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.

3. All neighborhood organizations, public utility companies, railroads and other

persons which have requested to receive notice pursuant to Subsection (7),

(Registration to Receive Notice by Mail).

4. Other governmental units or infrastructure agencies within one (1) mile of the

property involved in the application, when deemed appropriate by the body issuing

the notice [i.e., other governments (city, township, county) which is located within

one (1) mile), county road commission, Michigan Dept of Transportation (if within

½ mile of a state highway), MDEQ (if property has surface water, wetlands, or is

located within 500 feet of a lake, river or stream, etc)].

(b) NOTICE BY MAIL/AFFIDAVIT: Notice shall be deemed mailed by its deposit in the

United States mail, first class, properly addressed, postage paid. The responsible person

shall prepare a list of property owners and registrants to whom notice was mailed, as

well as anyone to whom personal notice was delivered.

(6) TIMING OF NOTICE: Unless otherwise provided in the Michigan Zoning Enabling Act,

or this ordinance where applicable, notice of a public hearing shall be provided as follows:

(a) 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 fifteen (15) days before the date the application will be considered for approval.

[This means it must be published in a newspaper of general circulation and for those

receiving personal notice or received by mail, not less than 15 days before the hearing.]

(b) For any other public hearing required by this ordinance: Refer to Section 1503(9.1)

for required notice for removal of member of Zoning Board of Appeals.

(7) REGISTRATION TO RECEIVE NOTICE BY MAIL.

(a) General: Any neighborhood organization, public utility company, railroad or any other

person may register with the Township Clerk, who shall notify the appropriate

designated responsible person [refer to Subsection (3)] to receive written notice of all

applications for developmental approval pursuant to Subsection (5)(a)3., or written

notice of all applications for development approval within the zoning district in which

they are located. The designated responsible person shall be responsible for providing

this notification. Fees may be assessed for the provision of this notice, as established in

the then current General Fee Schedule Resolution.

(b) Requirements: The requesting party must provide the Township Clerk information

to ensure notification can be made. Information required: Name of individual or

company/organization, mailing address, phone number, type of application (rezoning,

variance, etc.,) for which notification is desired, and any other information the

Township Clerk deems necessary to ensure proper notification. All registered persons

must re-register annually. Registrations shall be valid from January 1 through

December 31. Registrations requested during a calendar year shall pay 1/12 of the

annual fee for each month remaining for the current calendar year.

Historical Notes: Section 1506 amended by Ord 08-01, eff Feb 25, 2008.

Prior to 2008 amendment, section 1506 read: “NOTICE REQUIREMENTS FOR PUBLIC HEARINGS.

(1) CONTENT. Each notice for any public hearing required by this Ordinance shall include the following information.

(a) Identification of the applicant, if any.

(b) Identification of the property which is the subject of the request.

(d) Identification of the public body which will be conducting the public hearing and will decide upon the matter.

(e) Date, time and place of the public hearing.

(f) The places and times at which any proposed text and/or map amendment to the Zoning Ordinance may be examined.

(g) Statement of where and when written comments will be received concerning the request.

(2) NOTIFICATION OF RESIDENTS, BUSINESSES OR PROPERTY OWNERS WITHIN THREE HUNDRED (300') FEET. Whenever provisions of this Ordinance require mailing of public hearing notices to persons who reside, do business or own property within three hundred (300') feet of a certain parcel, the mailing list shall be compiled from the following sources.

(a) The owner(s) of property for which approval is being considered.

(b) All persons to whom real property is assessed where any part of their parcel lies within three hundred (300') feet of the boundary of the property in question.

(c) Occupants of all structures where any part of the structure lies within three hundred (300') feet. Each dwelling unit or rental area within said structures shall receive one (1) notice. However, separate notice need not be sent for accessory structures where the primary structure also lies within the three hundred (300') foot distance. If the name of the occupant is not known, the term "occupant" may be used in making notification. In the case of a single structure containing more than four (4) dwelling units or other distinct areas, the notice may be mailed to the manager or owner of the structure who shall be requested to post the notice at the primary entrance of the structure.”

SECTION 1507. SITE PLAN REVIEW.

(1) SITUATIONS REQUIRING A FORMAL SITE PLAN REVIEW. The Township Planning Commission must review and approve site plans before granting approval to Special Use Permits, including those for Planned Unit Developments, or subdivision plats.

(a) The proposed project will have more than two (2) dwelling units.

(b) The proposed project is in a commercial (C) zoning district.

In the case of existing development, a Site Plan Review is required when,

(d) The project involves increasing the footprint by ten (10%) percent or more, of any residential structure with more than two (2) units, or any commercial or industrial structure or use.

(e) The project involves expansion of a legal nonconforming use, building or structure. Illegal nonconforming uses may not expand and should be processed in accordance with Section 1504.

Historical Note: Subsection (e) amended by changing the word “acceptable” to “legal”, the word “unacceptable” to “illegal”,

and adding the words “and should be processed in accordance with Section 1504” by Ord 08-01, eff Feb 25, 2008.

AT NO TIME SHALL A SITE PLAN REVIEW BE REQUIRED AS A PART OF THE DECISION PROCESS FOR A REZONING! This is because the decision to rezone property should be based on consideration of its effects on long range plans for the Township, and on the merits of the proposed Zoning District, and the uses it would allow, as they relate to the subject property and surrounding area.

(2) SITE PLANS

(a) APPLICATION DEADLINES. If a zoning application requires a Site Plan Review by the Planning Commission, a complete application package must be received at least fifteen (15) days before the date of a Planning Commission meeting in order to be reviewed at said meeting.

(b) APPLICATION MATERIAL. Applications requiring Site Plan Review, must be accompanied by a fee as established by the Township Board and by at least four (4) copies of a site plan which meets the following requirements. The application will not be reviewed until the complete application package has been submitted, including the fee.

(c) SITE PLAN CONTENTS. All applicants shall complete the site plan review checklist with persons described in item (2d) of this section. The site plan review check list is available with the Zoning Information Packet at the Township offices. Site plans shall conform to the provisions approved on the checklist. All site plans must bear the stamp of a licensed engineer or architect with civil engineering or architecture qualifications. However, projects with an estimated cost of $200,000 or less will not be required to have the engineer or architect stamp unless deemed necessary by the Planning Commission.

Note that any proposed construction, landscaping, retention of natural features or other property conditions depicted in the site plan submission will be relied upon by the Planning Commission in its review. Therefore, these conditions become requirements for approval of the site plan. Failure to abide by such conditions constitutes a violation of the terms of the permit issued pursuant to site plan approval, and is subject to the enforcement provisions of Section 1504 of this Ordinance.

Historical Notes: Second paragraph of subsection (c) amended by changing the number “704” to “1504” by Ord 08-01, eff Feb 25, 2008.

First paragraph of subsection (c) amended by adding last sentence. Ord 15-02, eff Dec 24, 2015.

1. SCALE. The site plan must be drawn to a consistent scale of not less than one inch equals fifty (1" = 50') feet for sites of three acres or less, or one inch equals two hundred (1" = 200') feet for larger sites.

2. 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.

3. 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. Where more than one description exists for a parcel of land, the legal description on file with the Gladwin County Register of Deeds will be the legal description upon which a site plan decision is based.

4. SITE FEATURES. The site plan must depict existing environmental conditions, including the locations of wooded areas or isolated trees over six (6) inches in diameter, topography, drainage features showing the type and direction of flow, 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.

5. TRANSPORTATION FEATURES. The site plan must show the location and surface type of all existing and proposed public and private 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.

6. UTILITIES. The site plan must show the location and size of all existing and proposed public utilities. Water line information shall include locations of existing and proposed fire hydrants and valves. Sanitary sewer information shall include location of any pumping stations 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.

7. STRUCTURES. The site plan must show the location and dimensions, including height, of all proposed buildings, accessory structures 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 five thousand (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, dumpsters, screening, fences, and decorative walls.

8. 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. (See Appendix for a Site Plan Checklist guide.)

(d) STAFF REVIEW OF SITE PLAN. Before the site plan is reviewed by the Planning Commission, the Township Building Inspector, Engineer, or contracted engineering services, Public Works Director and Fire Chief, or their designees, shall be given an opportunity to review and comment upon it. In addition, the Zoning Administrator may submit the site plan to any other Department of Township government that he or she believes would have an interest in some aspect of the proposed project.

(e) PLANNING COMMISSION REVIEW OF SITE PLAN. The Planning Commission shall address the Site Plan Review at a public meeting. A public hearing will be held only if any party submits a written request to the Township Clerk prior to the Planning Commission meeting at which the site plan is to be considered. In such cases, the public shall be heard before the Planning Commission acts upon the site plan. However, a Site Plan Review does not require either a public hearing or special notification of anyone. The findings of a staff review of the site plan and any public comments shall be taken into consideration by the Planning Commission, but are not binding upon it in any way. After approval or approval with conditions, any change conforming to this ordinance must be by mutual agreement of the landowner and the Planning Commission. Upon completion of the review, the Planning Commission will take one of the following actions:

Historical Note: Subsection (e) amended by Ord 08-01, eff Feb 25, 2008.

Prior to the 2008 amendment, subsection (e) read: “The Planning Commission shall address the Site Plan Review at a public meeting. A public hearing will be held only if any party submits a written request to the Township Clerk prior to the Planning Commission meeting at which the site plan is to be considered. In such cases, the public shall be heard before the Planning Commission acts upon the site plan. However, a Site Plan Review does not require either a public hearing or special notification of anyone. The findings of a staff review of the site plan and any public comments shall be taken into consideration by the Planning Commission, but are not binding upon it in any way. In the interest of providing a timely response to the applicant, the Planning Commission must take one of the following actions at the meeting during which the Site Plan review is conducted.”

1. APPROVAL. An affirmative vote of the majority of Planning Commission members present at the meeting is necessary to approve a site plan. Once approved, the site plan becomes a condition of any permit that may be granted for the proposed project.

Historical Note: Subsection 1. amended by deleting the last sentence, which read: “ Deviations from the site plan will only

be permitted as outlined in Chapter 15., by Ord 08-01, eff Feb 25, 2008.”

2. CONDITIONAL APPROVAL. The Planning Commission may elect to attach conditions to its approval of a site plan. Conditions must be justified by one (1) or more requirements of this Ordinance, or by provisions of other local, state or federal laws. These conditions, together with the regulatory authority and reasoning which justifies them, must be identified in the motion for site plan approval and communicated to the applicant in writing.

3. DENIAL WITH EXPLANATION. Failure to comply with one or more of the Review Standards is the only justification for denial of a site plan. The vote of a majority of Planning Commission members present at the meeting in which the site plan is reviewed is required to deny it. The motion to deny must state which of the Review Standards was not met by the site plan, and how the plan failed to meet the standard. The motion to deny may also suggest methods by which the shortcoming might be corrected. The applicant shall be notified in writing of the Planning Commission's denial of the site plan, with the full text of the motion to deny reproduced in the communication.

(f) RECORD TO BE MAINTAINED. This record shall include an official copy of the final site plan as it was approved by the Planning Commission, dated and signed by the permit holder and the Chairperson of the Planning Commission , documentation of any conditions attached to the site plan approval and evidence of the satisfaction of same, documentation of any allowed deviations from the approved site plan, dated and signed by the permit holder and the Chairperson of the Planning Commission.

Historical Note: Subsection (f) was amended by deleting all reference to the “Zoning Administrator” and substituting the

words “Chairperson of the Planning Commission”, by Ord 08-01, eff Feb 25, 2008.

(3) SITE PLAN REVIEW STANDARDS. All Site Plan Reviews shall use only the following set of standards to judge whether the site plan should be approved or denied.

(a) DISTRICT REGULATIONS. The project must comply with the applicable District Regulations regarding use, dimensions, off street parking and any other aspects. (When the Site Plan Review is being conducted as part of the consideration process for a Special Use Permit or a Planned Unit Development, the use of the site will be addressed after the Site Plan Review. Therefore, it must be presumed for this purpose that the use of the site will conform to the District Regulations.)

(b) SUPPLEMENTARY REGULATIONS. The project must comply with any and all of the General Requirements that may apply to it, as identified in Chapter 11 of this Ordinance, other township planning documents, other applicable ordinances, and state and federal statutes.

Historical Note: Subsection (b) was amended by Ord 08-01, eff Feb 25, 2008.

Prior to the 2008 amendment, subsection (b) read: “The project must comply with any and all of the General Requirements that may apply to it, as identified in Chapter 11 of this Ordinance.

(c) SPECIAL USE STANDARDS. If the Site Plan Review is being conducted for a proposed Special Use Permit, any Special Use Standards relating to the proposed use, also must be satisfied.

(d) BUILDING ARRANGEMENTS. Site plans will be evaluated on the basis of scale, circulation of air, provisions of adequate access to and around buildings for police and fire protection services, establishment of pleasant vistas, arrangements conducive to enhancing the environmental quality of the site when developed, minimizing the extent of impervious ground cover and minimizing the destruction of natural features which contribute to environmental quality.

(e) TRANSPORTATION. Transportation facilities serving the parcel must be sufficient to provide safe and efficient access to the parcel and circulation within it. Consideration shall be given to road rights of way, surface type, number of lanes, driveway design and location, vehicular circulation within the parcel, parking, snow removal from transportation facilities, public transit, pedestrian circulation, emergency vehicle access, and accessibility for handicapped persons. When the adequacy of public road service to the parcel is in question, the input of the Gladwin County Road Commission shall be sought

(f) DRIVEWAYS. All driveways serving customer or employee parking lots shall provide two‑way traffic, unless otherwise part of a one-way entrance and exit system. All driveways shall be a minimum of twenty (20') feet wide. A lesser width may be permitted if it can be proven that the driveway will be increased to twenty (20') feet due to a joint arrangement with an adjacent property owner. Driveways must have a raised curb that continues to the edge of the travel portion of the public street if curbing is in place or planned for the public right-of-way. Except for large parking lots, driveways shall be limited to one (1) per development.

(g) UTILITIES. Public utilities, including water, sewer and storm drainage facilities, must be adequate to serve the proposed use, or sufficient provisions shall be made to provide these services on the site. Private utility services, including electricity, telephone, natural gas, and cable television, must also be sufficient to serve the needs of the project. When the adequacy of any public utility service to the site is in question, the input of the appropriate public utility provider shall be sought.

(h) SIGNS AND LIGHTING. Lighting is intended to illuminate parking and vehicular areas for the purpose of increasing the safety of the users. Appropriate lighting standards should be located on separate ground mounted standards adjacent to or the parking lot or vehicular use areas.

(i) FIRE PROTECTION. The proposed project must comply with applicable fire safety regulations. Also, current Township Fire Department personnel and equipment must be sufficient to serve the project. Finally, location, number, and capacity of fire hydrants must be adequate to serve fire suppression needs.

(j) ENVIRONMENT. Natural features of the landscape should be retained wherever practicable to furnish a buffer between the project and adjoining property(ies) or help to control erosion, contain storm water runoff, absorb noise, deflect wind currents, reduce glare, or otherwise benefit the general health, safety or appearance of the neighborhood. Any buildings, fences, lighting, vegetation, or other features that are introduced into the landscape should be designed to complement the site's surrounding environment and enhance the positive features of the project. The site plan should be developed with the goal of controlling any negative impacts the project may have, such as noise, smoke, vibration, odor, glare, heat or dust so that they will not be discernible beyond the property boundaries. Further, projects shall fully adhere to applicable environmental regulations promulgated by the Michigan Department of Natural Resources, Central Michigan Department of Public Health or other agencies.

(k) STORM DRAINAGE. Surface drainage, otherwise referred to as sheet drainage, to the right-of-way, or adjacent properties is unacceptable.

(l) CONSISTENCY WITH ORDINANCE INTENT. The site plan should be generally consistent with the purpose and objectives of this Ordinance, as stated in Chapter 1, and with the purpose of the District in which the subject parcel is located.

SECTION 1508. BASIC FACTORS FOR REZONING DECISIONS

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

(1) Whether the rezoning is consistent with the policies and uses proposed for that area in the Township’s Master Land Use Plan;

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

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

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

Historical Notes: Section 1508 was added by Ordinance 06-01, eff March 30, 2006.

SECTION 1509. CONDITIONAL REZONING

(1) INTENT. It is recognized that there are certain instances where it would be in the best interests of the Township, as well as advantageous to property owners seeking a change in zoning boundaries, if certain conditions could be proposed by property owners as part of a request for a rezoning. It is the intent of this Section to provide a process consistent with the provisions of Section 16i of the Township Zoning Act (MCL125.286i) by which an owner seeking a rezoning may voluntarily propose conditions regarding the use and/or development of land as part of the rezoning request.

(2) APPLICATION AND OFFER OF CONDITIONS.

(a) An owner of land may voluntarily offer in writing conditions relating to the use and/or development of land for which a rezoning is requested. This offer may be made either at the time the application for rezoning is filed or may be made at a later time during the rezoning process.

(b) The required application and process for considering a rezoning request with conditions shall be the same as that for considering rezoning requests made without any offer of conditions, except as modified by the requirements of this Section.

in the requested new zoning district.

(d) The owner’s offer of conditions shall bear a reasonable and rational relationship to the property

for which rezoning is requested.

(e) Any use or development proposed as part of an offer of conditions that would require a special land use

permit under the terms of this Ordinance may only be commenced if a special land use permit for such use or development is ultimately granted in accordance with the provisions of this Ordinance.

(f) Any use or development proposed as part of an offer of conditions that would require a variance

under the terms of this Ordinance may only be commenced if a variance for such use or

development is ultimately granted by the Zoning Board of Appeals in accordance with the

provisions of this Ordinance.

(g) Any use or development proposed as part of an offer of conditions that would require site plan

approval under the terms of this Ordinance may only be commenced if site plan approval for such

use or development is ultimately granted in accordance with the provisions of this Ordinance.

(h) The offer of conditions may be amended during the process of rezoning consideration provided

that any amended or additional conditions are entered voluntarily by the owner. An owner may

withdraw all or part of its offer of conditions any time prior to final rezoning action of the

Township Board provided that, if such withdrawal occurs subsequent to the Planning

Commission’s public hearing on the original rezoning request, then the rezoning application shall

be referred to the Planning Commission for a new public hearing with appropriate notice and a

new recommendation.

(3) PLANNING COMMISSION REVIEW. The Planning Commission, after public hearing and consideration of the factors for rezoning set forth in Section 1508 of this Ordinance, may recommend approval, approval with recommended changes or denial of the rezoning; provided, however, that any recommended changes to the offer of conditions are acceptable to and thereafter offered by the owner.

(4) TOWNSHIP BOARD REVIEW. After receipt of the Planning Commission’s recommendation, the Township Board shall deliberate upon the requested rezoning and may approve or deny the conditional rezoning request. The Township Board’s deliberations shall include, but not be limited to, a consideration of the factors for rezoning set forth in Section 1508 of this Ordinance. Should the Township Board consider amendments to the proposed conditional rezoning advisable and if such contemplated amendments to the offer of conditions are acceptable to and thereafter offered by the owner, then the Township Board shall, in accordance with Section 11 of the Township Zoning Act (MCL 125.281), refer such amendments to the Planning Commission for a report thereon within a time specified by the Township Board and proceed thereafter in accordance with said statute to deny or approve the conditional rezoning with or without amendments.

(5) APPROVAL.

(a) If the Township Board finds the rezoning request and offer of conditions acceptable, the offered conditions shall be incorporated into a formal written Statement of Conditions acceptable to the owner and conforming in form to the provisions of this Section. The Statement of Conditions shall be incorporated by attachment or otherwise as an inseparable part of the ordinance adopted by the Township Board to accomplish the requested rezoning.

(b) The Statement of Conditions shall:

1. Be in a form recordable with the Register of Deeds of Gladwin County or, in the alternative, be accompanied by a recordable Affidavit or Memorandum prepared and signed by the owner giving notice of the Statement of Conditions in a manner acceptable to the Township Board.

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

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

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

5. Contain a statement acknowledging that the Statement of Conditions or an Affidavit or Memorandum giving notice thereof shall be recorded by the Township with the Register of Deeds of Gladwin County.

6. Contain the notarized signatures of all of the owners of the subject land preceded by a statement attesting to the fact that they voluntarily offer and consent to the provisions contained within the Statement of Conditions.

(c) Upon the rezoning taking effect, the Zoning Map shall be amended to reflect the new zoning classification along with a designation that the land was rezoned with a Statement of Conditions. The Township Clerk shall maintain a listing of all lands rezoned with a Statement of Conditions.

(d) The approved Statement of Conditions or an Affidavit or Memorandum giving notice thereof shall be filed by the Township with the Register of Deeds of Gladwin County.

(e) Upon the rezoning taking effect, the use of the land so rezoned shall conform thereafter to all of the requirements regulating use and development within the new zoning district as modified by any more restrictive provisions contained in the Statement of Conditions.

(6) COMPLIANCE WITH CONDITIONS

(a) Any person who establishes a development or commences a use upon land that has been rezoned with conditions shall continuously operate and maintain the development or use in compliance with all of the conditions set forth in the Statement of Conditions. Any failure to comply with a condition contained within the Statement of Conditions shall constitute a violation of this Zoning Ordinance and be punishable accordingly. Additionally, any such violation shall be deemed a nuisance per se and subject to judicial abatement as provided by law.

(b) No permit or approval shall be granted under this Ordinance for any use or development that is contrary to an applicable Statement of Conditions.

(7) TIME PERIOD FOR ESTABLISHING DEVELOPMENT OR USE. Unless another time period is specified in the Ordinance rezoning the subject land, the approved development and/or use of the land pursuant to building and other required permits must be commenced upon the land within 18 months after the rezoning took effect and thereafter proceed diligently to completion. This time limitation may upon written request be extended by the Township Board if (1) it is demonstrated to the Township Board’s reasonable satisfaction that there is a strong likelihood that the development and/or use will commence within the period of extension and proceed diligently thereafter to completion and (2) the Township Board finds that there has not been a change in circumstances that would render the current zoning with Statement of Conditions incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy.

(8) REVERSION OF ZONING. If approved development and/or use of the rezoned land does not occur within the time frame specified under Subsection (7) above, then the land shall revert to its former zoning classification as set forth in MCL 125.286i. The reversion process shall be initiated by the Township Board requesting that the Planning Commission proceed with consideration of rezoning of the land to its former zoning classification. The procedure for considering and making this reversionary rezoning shall thereafter be the same as applies to all other rezoning requests.

(9) SUBSEQUENT REZONING OF LAND. When land that is rezoned with a Statement of Conditions is thereafter rezoned to a different zoning classification or to the same zoning classification but with a different or no Statement of Conditions, whether as a result of a reversion of zoning pursuant to Subsection (8) above or otherwise, the Statement of Conditions imposed under the former zoning classification shall cease to be in effect. Upon the owner’s written request, the Township Clerk shall record with the Register of Deeds of Gladwin County a notice that the Statement of Conditions is no longer in effect.

(10) AMENDMENT OF CONDITIONS.

(a) During the time period for commencement of an approved development or use specified

pursuant to Subsection (7) above or during any extension thereof granted by the Township

Board, the Township shall not add to or alter the conditions in the Statement of Conditions.

(b) The Statement of Conditions may be amended thereafter in the same manner as was prescribed

for the original rezoning and Statement of Conditions.

(11) TOWNSHIP RIGHT TO REZONE. Nothing in the Statement of Conditions nor in the provisions of

this Section shall be deemed to prohibit the Township from rezoning all or any portion of land that is

subject to a Statement of Conditions to another zoning classification. Any rezoning shall be

conducted in compliance with this Ordinance and the Township Zoning Act (MCL 125.271 et seq.)

(12) FAILURE TO OFFER CONDITIONS. The Township shall not require an owner to offer conditions

as a requirement for rezoning. The lack of an offer of conditions shall not affect an owner’s rights

under this Ordinance.

Historical Notes: Section 1509 was added by Ordinance 06-01, eff March 30, 2006.

SECTION 1510. OPEN SPACE PRESERVATION.

(1) In order to comply with section 16(h), as added to the Township Zoning Act by Public Act 177, 2001,

notwithstanding the generally applicable minimum lot frontage/lot width and minimum lot area per

dwelling unit requirements of this ordinance, land zoned for residential development may be

developed, at the option of the landowner, with the same number of dwelling units that could

otherwise be developed on the land under existing ordinances, laws, and rules, on not more than 50%

of the land, if all of the following apply:

(a) the land is zoned a density equivalent to 2 or fewer dwelling unit per acre; or, if the land is served

by a public sewer system, 3 or fewer dwelling units per acre.

(b) not less than 50% of the land area will remain perpetually in an undeveloped state by means

of an irrevocable conveyance that is acceptable to the township board, such as a conservation

easement, plat dedication, restrictive covenant, or other legal means that runs with the land.

system, unless development of the land without the exercise of the development option provided

by this provision would also depend upon such an extension.

(d) the development option provided pursuant to this section has not previously been exercised with

respect to the subject property.

(2) The development of land pursuant to this section is subject to all other applicable ordinances, laws,

and rules, including but not limited to:

(a) The provisions of the zoning ordinance that are not in conflict with and preempted by section 16h

of the Township Zoning Act (MCL 125.286h).

(b) The Land Division Act (formerly the Subdivision Control Act (MCL 560.101 et seq.).

creation of a site condominium.

(d) Rules relating to suitability of groundwater for on-site supply for land not served by public water

(District Health Dept rules).

(e) Rules relating to suitability of soils for on-site sewage disposal for land not served by public

sewers (District Health Dept rules).

(3) DEFINITION. As used in this section, the term “undeveloped state” means a natural state preserving

natural resources, natural features, or scenic or wooded conditions; agricultural use; open space; or a

similar use or condition. This term does not include a golf course, but may include recreational trail,

picnic area, children’s play area, greenway, or linear park.

(NOTE: Examples are significant views and vistas, mature woodlands, wetlands or lowland areas,

bodies of open water (such as ponds, streams, natural drainage ways), wildlife habitat or corridors,

and significant size trees (6 inches or more, measured 5 feet above the grade).

Historical Notes: Section 1510 was added by Ordinance 06-01, eff March 30, 2006

SECTION 1511. ADMINISTRATIVE GUIDELINES FOR STORM WATER MANAGEMENT.

(1) AUTHORITY. The Township Board has, by resolution, adopted the Gladwin County Drain Commissioner’s “Administrative Guidelines for Storm Water Management”. The Drain Commissioner is authorized to enforce the Guideline within the township. Any amendment to or interpretation of the Guidelines are automatically adopted and enforceable within the township, unless the amendment or interpretation is rejected or modified by resolution of the Township Board.

(2) INTERPRETATION. The interpretation of the Guidelines are within the authority of the Drain Commissioner.

(3) OWNER/CONTRACTOR RESPONSIBILITIES. All applicants, property owners and contractors are responsible for complying with the Guidelines. Township officials should refer applicants to the Drain Commissioner to determine whether or not their proposed project is regulated by the Guidelines.

(4) EXCEPTIONS TO GUIDELINES. Under Section II.A.16, developed or development shall not include the actual construction of, or an addition, extension or modification to, an individual single-family or a two-family detached dwelling.

(5) CONSULTATION WITH DRAIN COMMISSION. Township officials responsible for issuing any zoning-related permit shall consult the Guidelines and/or the Drain Commissioner before processing any application for a land use to determine whether the land use is regulated by the Guidelines. The projects that are regulated by the Guidelines are generally defined under Section II.A. of the Guidelines (See subsection (4) for exceptions).

(6) ISSUANCE OF TOWNSHIP PERMIT’S. Township permits for projects regulated by the Guidelines will only be issued after the Drain Commission has approved and issued its own permits, unless otherwise approved by the Township Board.

(7) VARIANCE. The Zoning Board of Appeals shall not have powers to grant a variance that results in a violation of the Guidelines.

(8) VIOLATION OF GUIDELINES. Failure to comply with the Guidelines shall be sufficient cause for the township to deny, suspend, or revoke any permit for any project that is regulated by the Guidelines. In addition, violation of the Guidelines shall also be a violation of this ordinance. The Township Attorney shall be consulted prior to taking any action under this subsection.

Historical Note: Section 1511 added by Ord 08-01, eff Feb 25, 2008.

1512. CONDITIONS APPLYING TO ALL TOWNSHIP ZONING PERMITS.

(1) All township permits are issued conditionally upon the permit holder and contractors

complying with all applicable zoning ordinance provisions and conditions imposed on permit approval by the township, and other applicable township ordinances.

(2) The township official or body authorized to issued the township permit(s) shall do one or more of the following if violation of subsection (1) occurs:

(a) Contact the township permit holder to determine whether there has actually been a violation, and if so, the extent of the violation.

(b) If a violation exists, the official or body may:

1. Suspend or revoke the township permit(s), or refuse to issue a Zoning Compliance Permit until the violation is corrected. (Refer to subsection (4) below).

2. Contact the appropriate governmental agency and inform it that a project has been started or completed without its required permit(s).

3. The Zoning Administrator shall issue a violation notice for violation of this ordinance for district court action.

(3) The primary intent of this section is to ensure and enforce compliance with this ordinance and any zoning permits issued. It is not the intent of this section to cause unnecessary expense to the permit holder. The action taken by the Zoning Administrator or Enforcement Officer should be based on the seriousness of the violation, whether the violation can be corrected, how the violation can be corrected, and whether the permit holder makes honest efforts to correct the violation.

(4) Because a permit holder may have “vested rights” after the issuance of a permit and substantial nder certain circumstances, the holder may obtain nonconforming use status),

work has been performed (under certain circumstances, the holder may obtain nonconforming use

status), township attorney will be consulted prior to suspending or revoking a permit, or issuing a violation notice.

Historical Notes: Section 1512 added by Ord 08-01, eff Feb 25, 2008.

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