The Township Board may from time to time, on recommendation
from the Planning Commission, amend, modify, supplement, or revise
the district boundaries or the provisions and regulations herein established,
whenever the public necessity and convenience and the general welfare
require such amendment. Amendments may be initiated by resolution
of the Township Board, the Planning Commission, or by petition of
one or more owners of property to be affected by the proposed amendment.
Except for the Township Board, or the Planning Commission, the petitioner
or petitioners requesting an amendment shall at the time of application
pay the fees established by the Township Board as set forth in § 40-3.06,
no part of which shall be refundable to the petitioner. All proposed
amendments shall be referred to the Planning Commission for review
and recommendation.
The procedure for making amendments to this chapter shall be
in accordance with the Michigan Zoning Enabling Act, as amended (MCL
125.3101 et seq.). The Township Planning Commission shall hold a public
hearing on the amendment. Notice of the public hearing shall be given
as set forth in § 40-3.05 of this chapter.
Any amendment for the purpose of conforming to a decree of a
court of competent jurisdiction shall be adopted by the Township Board
and the amendments published without referring the same to any other
board or agency.
A.
Filing of amendment request. A request for an amendment to the zoning
chapter shall be initiated by filing an application with the Township
Zoning Administrator.
B.
Zoning Map amendment. When the application involves a change in the
Zoning Map, the petitioner shall submit the following information:
(1)
A legal description of the property.
(2)
A scaled map of the property, correlated with the legal description,
and clearly showing the property's location.
(3)
The name and address of the applicant.
(4)
The applicant's interest in the property, and if the applicant
is not the owner, the name and address of the owner(s).
(5)
Date of filing with the Township Clerk.
(6)
Signature(s) of the applicant(s) and owner(s) certifying the
accuracy of the required information.
A.
Review. In reviewing any application for a zoning amendment, the
Planning Commission shall identify and evaluate all factors relevant
to the application, and shall report its findings in full, along with
its recommendations for disposition of the application, to the Township
Board.
B.
Findings. The facts to be considered by the Township Planning Commission
shall include, but not be limited to, the following:
(1)
Whether or not the requested zoning change is justified by a
change in conditions since the original ordinance was adopted or by
an error in the original ordinance.
(2)
The precedents, and the possible effects of such precedents,
which might likely result from approval or denial of the application.
(3)
The ability of the Township or other government agencies to
provide any services, facilities, and/or programs that might be required
if the application were approved.
(4)
Effect of approval of the application on the condition and/or
value of property in the Township or in adjacent civil divisions.
(5)
Effect of approval of the application on adopted development
policies of Pittsfield Township and other government units.
C.
Public record. All findings of fact shall be made part of the public
records of the meetings of the Planning Commission and the Township
Board. An application shall not be approved unless these and other
identified facts are affirmatively resolved in terms of the general
health, safety, welfare, comfort, and convenience of the citizens
of Pittsfield Township, or of other civil divisions where applicable.
A.
Authorization and limitations. The Township Board shall have the
authority to place conditions on a rezoning, provided that the conditions
have been voluntarily offered in writing by the applicant and are
acceptable to the Township Board. In exercising its authority to consider
a conditional rezoning, the Township is also authorized to impose
the following limitations:
(1)
An owner of land may voluntarily offer written conditions relating
to the use and/or development of land for which a conditional rezoning
is requested. This offer may be made either at the time the application
for conditional rezoning is filed, or additional conditions may be
offered at a later time during the conditional rezoning process as
set forth below.
(2)
The owner's offer of conditions may not authorize uses or developments
not permitted in the requested new zoning district. The owner's offer
of conditions shall bear a reasonable and rational relationship to
the property for which the conditional rezoning is requested.
(3)
Any use or development proposed as part of an offer of conditions
that would require special use approval under the terms of this chapter
may only be commenced if special use approval for such use or development
is ultimately granted in accordance with the provisions of this chapter.
(4)
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.
(5)
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 terms of this chapter.
B.
Amendment of conditions. The offer of conditions may be amended during
the process of conditional rezoning consideration, provided that any
amended or additional conditions are entered voluntarily by the owner,
and confirmed in writing. An owner may withdraw in writing 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 back to the
Planning Commission for a new public hearing with appropriate notice
and a new recommendation.
C.
Procedure. The procedure for consideration of conditional rezoning
request shall be the same as provided in § 40-18.04 for
other rezoning requests and the requirements of said sections shall
be applicable to conditional rezoning in addition to the following:
(1)
A conditional rezoning request shall be initiated by the applicant
submitting a proposed conditional rezoning agreement. A conditional
rezoning agreement shall include the following:
(a)
A written statement that confirms the conditional rezoning agreement
was proposed by the applicant and entered into voluntarily.
(b)
A written statement that confirms that the property will not
be used or developed in a manner that is inconsistent with conditions
placed on the rezoning.
(c)
A list of conditions proposed by the applicant.
(d)
A time frame for completing the proposed improvements.
(e)
A legal description of the land.
(f)
A sketch plan in sufficient detail to illustrate any specific
conditions proposed by the applicant.
(2)
The notice of public hearing on a conditional rezoning request
shall include a general description of the proposed agreement being
considered. A review of the proposed agreement shall be conducted
at the public hearing.
(3)
A conditional rezoning may only be approved upon a finding and
determination that all of the following are satisfied:
(a)
The conditions, proposed development, and/or proposed use of
the land are designed or proposed for public health, safety, and welfare
purposes.
(b)
The conditions, proposed development and/or proposed use are
not in material conflict with the Master Plan, or, if there is material
conflict with the Master Plan, such conflict is due to one of the
following:
(c)
The conditions, proposed development and/or proposed use are
in accordance with all terms and provisions of the zoning district
to which the land is to be rezoned, except as otherwise allowed in
the conditional rezoning agreement.
(d)
Public services and facilities affected by a proposed development
will be capable of accommodating service and facility loads caused
by use of the development.
(e)
The conditions, proposed development and/or proposed use shall
ensure compatibility with adjacent uses of land.
D.
Amendment to Zoning Map. Upon approval by the Township Board of a
conditional rezoning request and a conditional rezoning agreement,
as provided by this section, the Zoning Map shall be amended to reflect
a new zoning classification along with a relevant designation that
will provide reasonable notice of the conditional rezoning agreement.
E.
Expiration. A conditional rezoning approval shall expire two years
from the effective date of the rezoning unless progress has been diligently
pursued and substantial completion has occurred in accordance with
permits issued by the Township.
(1)
In the event the conditional rezoning expires, the rezoning
and the conditional rezoning agreement shall be void and of no effect.
(2)
If the conditional rezoning becomes void, no development shall
be undertaken and no permits for development shall be issued until
such time as a new zoning district classification of the property
has become effective as a result of one or both of the following actions
that may be taken:
F.
Recording. A conditional rezoning approval shall not become effective
until the conditional rezoning agreement is recorded with the Washtenaw
County Register of Deeds and a certified copy of the agreement is
filed with the Township Clerk.
G.
Violation of conditional rezoning agreement. If development and/or
actions are undertaken in violation of the conditional rezoning agreement,
such development and/or actions shall constitute a violation of this
chapter and are deemed a nuisance per se. In such case, the Township
may issue a stop-work order relative to the property and seek any
other lawful remedies. Until action is taken to bring the property
into compliance with the conditional rezoning agreement, the Township
may withhold or, following notice and an opportunity to be heard,
revoke permits and certificates, in addition to or in lieu of such
other lawful action to achieve compliance.
