[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
For the purpose of establishing and maintaining sound, stable
and desirable development within the territorial limits of the Township,
this chapter shall not be amended except to correct an error in the
chapter or, because of changed or changing conditions in a particular
area or in the Township generally, to rezone an area, to extend the
boundary of an existing district or to change the regulations and
restrictions thereof. Such amendment to this chapter may be initiated
by any person, firm, or corporation by filing an application with
the Zoning Administrator; by motion of the Township Board; or by the
Planning Commission requesting the Zoning Administrator to initiate
an amendment procedure. The procedures for amending this chapter shall
be in accordance with Act 110 of the Public Acts of 2006 (MCLA § 125.3101
et seq.), the Zoning Enabling Act, as amended.
A.
Application. Applications for amendments to this chapter shall be
filed with the Zoning Administrator on an appropriate form provided
by the Township and accompanied by the required fee. All applications
for amendments to this chapter, without limiting the right to file
additional material, shall contain the following:
(1)
The applicant's name, address and interest in the application
as well as the name, address and interest of every person, firm or
corporation having a legal or equitable interest in the land.
(2)
The nature and effect of the proposed amendment.
(3)
If the proposed amendment would require a change in the Zoning
Map, a complete legal description of the entire land area affected,
the present zoning classification of the land, the names and addresses
of the owners of all land and the legal descriptions of their land
within the area to be rezoned. Also, a fully dimensioned drawing shall
be submitted showing the land which would be affected, the zoning
classification of all abutting districts, all public and private rights-of-way
and easements bounding and intersecting the land under consideration,
and the location of all existing and proposed buildings.
(4)
If the proposed amendment will correct an alleged error, a detailed
explanation of such alleged error and detailed reasons the proposed
amendment will correct the same.
(5)
The changed or changing conditions in the area or in the municipality
that make the proposed amendment reasonably necessary to the promotion
of the public health, safety, and general welfare.
(6)
All other circumstances, factors and reasons which applicant
offers in support of the proposed amendment.
B.
Receipt of application. The Zoning Administrator, upon receipt of an application to amend the chapter, shall review the application for completeness and refer same to the Planning Commission for study and report. The Planning Commission shall cause a complete study of the proposed amendment and hold a public hearing in accordance to Subsection C below.
C.
Publication and delivery of notice of public hearing. Where this
chapter requires the Township to provide notice of a public hearing
for any decision or action permitted, authorized or required by this
chapter or under the Michigan Zoning Enabling Act, Act 110 of the
Public Acts of 2006, MCLA § 125.3103 et seq., as amended,
notice of the public hearing shall be given as follows:
(1)
The notice shall be published once, at least 15 days prior to
the date of the public hearing, in a newspaper of general circulation
in the Township.
(2)
Except as provided in Subsection C(4) of this section, a notice of public hearing shall also be mailed or personally delivered to the following persons, at least 15 days prior to the date of the public hearing:
(a)
The applicant;
(b)
The owner or owners of the subject property;
(c)
All persons to whom real property is assessed within 300 feet
of the property that is the subject to the application or request,
even if the 300 feet extends outside of the Township's boundaries;
and
(d)
The occupants of all structures within 300 feet of the property
that is the subject of the application or request, even if the 300
feet extends outside of the Township's boundaries. If the name of
the occupant is not known, the term "occupant" may be used in making
notification under this subsection.
(3)
The notice of public hearing shall include the following information:
(a)
A description of the nature of the proposed amendment, application
or request.
(b)
An identification of the property that is the subject of the application or request, if applicable. Except as provided in Subsection C(4) of this section, the notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property and another means of identification of the property shall be used.
(c)
State when and where the application or request will be considered.
(d)
Identify when and where written comments will be received concerning
the application or request.
(e)
In the case of an amendment to the chapter or to the Zoning
Map, the notice shall indicate the place where and the times when
the proposed text or map amendment may be examined.
(4)
When a proposed rezoning involves the text of this chapter, or 11 or more adjacent properties, or when a petition to the Zoning Board of Appeals involves an interpretation of this chapter or an appeal of an administrative decision that does not involve a specific parcel, the mailing or delivery requirements of Subsections C(2)(b), (c) and (d) are not required, and the listing of individual property addresses under Subsection C(3)(b) is not required.
(5)
For a zoning ordinance amendment, including rezoning of property,
the notice shall be given by first-class mail to each electric, gas,
and pipeline public utility company, each telecommunication service
provider, each railroad operating within the district or zone affected,
and the airport manager of each airport, that registers its name and
mailing address with the Township Clerk for the purpose of receiving
the notice of public hearing.
(6)
After providing the notice required under this section and without
further notice, except that as required under the Open Meetings Act,
the body holding the public hearing may adjourn from time to time
a duly called public hearing by passing a motion specifying the time,
date, and place of the continued public hearing.
D.
Planning Commission recommendation. Following the public hearing,
the Planning Commission shall forward the proposed amendment to the
Berrien County Planning Commission for review pursuant to the Michigan
Zoning Enabling Act (Act 110 of the Public Acts of Michigan of 2006).
Upon receipt of any comment from the Berrien County Planning Commission
or after 30 days, the Township Planning Commission shall prepare a
report and its recommendations regarding the proposed amendment and
transfer such to the Township Board.
E.
Township Board action. After the Planning Commission has held a Public
Hearing and has made a written report to the Township Board indicating
their recommendation on the proposed amendment, the Township Board
may adopt the proposed amendment, decline to adopt the proposed amendment,
or may adopt it in whole, part, or with or without additional changes.
The Board may also hold a public hearing on the proposed amendment
or refer the proposed amendment back to the Planning Commission for
further study and review or for additional public hearings.
A.
Within seven days after publication of a zoning ordinance or amendment,
a registered elector residing in the unincorporated portion of the
Township of Buchanan may file with the Clerk of the legislative body
a notice of intent to file a petition under this section.
B.
If a notice of intent is filed as noted above, the petitioner shall
have 30 days following the publication of the zoning ordinance to
file a petition signed by a number of registered electors residing
in the zoning jurisdiction not less than 15% of the total vote cast
within the zoning jurisdiction for all candidates for governor at
the last preceding general election at which a governor was elected,
with the Clerk of the Township of Buchanan requesting the submission
of a zoning ordinance or part of a zoning ordinance to the electors
residing in the Township of Buchanan for their approval.
C.
Upon the filing of a notice of intent under Subsection A, the zoning ordinance or part of the zoning ordinance adopted by the Township of Buchanan shall not take effect until one of the following occurs:
D.
If a petition is filed within 30 days after publication of the ordinance,
the Clerk of the legislative body determines that the petition is
adequate and the ordinance or part of the ordinance is approved by
a majority of the registered electors residing in the zoning jurisdiction
voting on the petition at the next regular election or at any special
election called for that purpose. The legislative body shall provide
the manner of submitting the zoning ordinance or part of the zoning
ordinance to the electors for their approval or rejection and determining
the result of the election.
E.
A petition and an election under this section are subject to the
Michigan Election Law, 1954 PA 116, MCLA §§ 168.1 to
168.992.
Any amendment for the purpose of conforming to a provision of
a decree of a court of competent jurisdiction as to any specific lands
may be adopted by the Township Board and the notice of amendment published
without referring same to any other board or agency.
In reviewing an application for the rezoning of land, whether
the application be made with or without an offer of conditions, factors
that shall be considered by the Planning Commission and the Township
Board include, but are not limited to, the following:
A.
Whether the rezoning is consistent with the policies and uses proposed
for that area in the Township's Master Land Use Plan, or whether there
has been a change in conditions not anticipated by the Township's
Master Land Use Plan that may warrant an amendment to the Township's
Master Land Use Plan;
B.
Whether all of the uses allowed under the proposed rezoning would
be compatible with other zones and uses in the surrounding area;
C.
Whether any public services and facilities would be significantly
adversely impacted by a development or use allowed under the requested
rezoning; and
D.
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.
A.
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 405 of the Michigan Zoning
Enabling Act (MCLA § 125.3405) by which an owner seeking
a rezoning may voluntarily propose conditions regarding the use and/or
development of land as part of the rezoning request.
B.
Application and offer of conditions.
(1)
An owner of land may voluntarily offer, in writing, conditions
relating to the use and/or development of land for which a rezoning
is requested. This offer may be made either at the time the application
for rezoning is filed or may be made at a later time during the rezoning
process.
(2)
The required application and process for considering a rezoning
request with conditions shall be the same as that for considering
rezoning requests made without any offer of conditions, except as
modified by the requirements of this section.
(3)
The owner's offer of conditions may not purport to authorize
uses or developments not permitted in the requested new zoning district.
(4)
The owner's offer of conditions shall bear a reasonable and
rational relationship to the property for which rezoning is requested.
(5)
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
chapter 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 chapter.
(6)
Any use or development proposed as part of an offer of conditions
that would require a variance under the terms of this chapter 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 chapter.
(7)
Any use or development proposed as part of an offer of conditions
that would require site plan approval under the terms of this chapter
may only be commenced if site plan approval for such use or development
is ultimately granted in accordance with the provisions of this chapter.
(8)
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.
C.
Planning Commission review. The Planning Commission, after public hearing and consideration of the factors for rezoning set forth in § 300-28.05 of this chapter, 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.
D.
Township Board review. After receipt of the Planning Commission's recommendation, the Township Board shall deliberate upon the requested rezoning and may approve or deny the conditional rezoning request. The Township Board's deliberations shall include, but not be limited to, a consideration of the factors for rezoning set forth in § 300-28.05 of this chapter. Should the Township Board consider amendments to the proposed conditional rezoning advisable and if such contemplated amendments to the offer of conditions are acceptable to and thereafter offered by the owner, then the Township Board may refer 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.
E.
Approval. 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.
(1)
The statement of conditions shall:
(a)
Be in a form recordable with the Register of Deeds of the County
in which the subject land is located 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. Contain a legal description of the land to
which it pertains.
(b)
Contain a statement acknowledging that the Statement of Conditions
runs with the land and is binding upon successor owners of the land.
(c)
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.
(d)
Contain a statement acknowledging that the Statement of Conditions
or an affidavit or memorandum giving notice thereof may be recorded
by the Township with the Register of Deeds of the County in which
the land referenced in the Statement of Conditions is located.
(e)
Contain the notarized signatures of all of the owners of the
subject land preceded by a statement attesting to the fact that they
voluntarily offer and consent to the provisions contained within the
Statement of Conditions.
(f)
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.
(g)
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 the County in which the land is located. The Township
Board shall have authority to waive this requirement if it determines
that, given the nature of the conditions and/or the time frame within
which the conditions are to be satisfied, the recording of such a
document would be of no material benefit to the Township or to any
subsequent owner of the land.
(h)
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.
F.
Compliance with conditions.
(1)
Any person who establishes a development or commences a use
upon land that has been rezoned with conditions shall continuously
operate and maintain the development or use in compliance with all
of the conditions set forth in the Statement of Conditions. Any failure
to comply with a condition contained within the Statement of Conditions
shall constitute a violation of this chapter and be punishable accordingly.
Additionally, any such violation shall be deemed a nuisance per se
and subject to judicial abatement as provided by law.
(2)
No permit or approval shall be granted under this chapter for
any use or development that is contrary to an applicable Statement
of Conditions.
G.
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.
H.
Reversion of zoning. If approved development and/or use of the rezoned land does not occur within the time frame specified under Subsection G above, then the land shall revert to its former zoning classification as set forth in MCLA § 125.3405. The reversion process shall be initiated by the Township Board requesting that the Planning Commission proceed with consideration of rezoning of the land to its former zoning classification. The procedure for considering and making this reversionary rezoning shall thereafter be the same as applies to all other rezoning requests.
I.
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 H 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 the County in which the land is located a notice that the Statement of Conditions is no longer in effect.
J.
Amendment of conditions.
(1)
During the time period for commencement of an approved development or use specified pursuant to Subsection G above or during any extension thereof granted by the Township Board, the Township shall not add to or alter the conditions in the Statement of Conditions.
(2)
The Statement of Conditions may be amended thereafter in the
same manner as was prescribed for the original rezoning and Statement
of Conditions.
K.
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 chapter and the
Michigan Zoning Enabling Act (MCLA § 125.3101 et seq.).
L.
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
chapter.
