19.1     SAVINGS CLAUSE 

This ordinance shall not affect any pending litigation, civil or criminal, founded or growing out of any ordinance or resolution, order or permit, and shall not affect any rights, claims, privileges, immunities or causes of action of the Township , or any other person, either criminal or civil, that may have already occurred, accrued or grown out of any ordinance, resolution, permit, order, or policy repealed by this Ordinance.

 

19.2     VALIDITY AND SEVERABILITY 

               It is the intent of the Township Board in adopting this Ordinance that all provisions shall be liberally construed to protect the public health, safety, and general welfare of the inhabitants of the Township  and other persons affected by this Ordinance.  Should any provision of this Ordinance be held to be unconstitutional, invalid, or of no effect, such holding shall not be construed as affecting the validity of any of the remaining provisions of this Ordinance, it being the intent of the Township  that such remaining provisions of this Ordinance shall stand and remain in effect notwithstanding the invalidity of any other provisions.

 

19.3     EFFECTIVE DATE

               This Ordinance shall take effect thirty (30) days after publication.

 

19.4     ADMINISTRATIVE OFFICIALS 

               Except as otherwise provided in this Ordinance, the Zoning Administrator shall administer and enforce this Ordinance, including the receiving of applications, the inspection of premises, and the issuing of permits.

 

19.5     OCCUPANCY

               It shall be unlawful to use or permit the use of any structure or premises hereafter altered  or erected, until the Zoning Administrator has inspected the premises and approved the same for occupancy.

 

19.6     VIOLATIONS AND PENALTY 

               Any building erected, altered, moved, razed, or converted, or any use carried on in violation of any provision of this Ordinance is declared to be a nuisance per se.  Any person, firm, or  corporation who violates, disobeys, omits, neglects, or refuses to comply with any of the provisions of this ordinance shall be punished by a fine to be set from time to time by the Tittabawassee Township Board, or up to ninety (90) days in the Saginaw County Jail, or both a fine and imprisonment, in the discretion of the court.  Each day that a violation is permitted to exist shall constitute a separate offense.  If a civil infraction ordinance is in effect in the Township, all violations shall be punishable according to the stipulations of that ordinance.

19.7   PEOPLE INVOLVED IN THE ZONING PROCESS.

 

The provisions of this ordinance shall be carried out by the Tittabawassee Township Planning Commission, the Zoning Board of Appeals, the Township Board, and the Township Zoning  Administrator in conformance with applicable State of Michigan enabling legislation. 

 

(1)     ZONING  ADMINISTRATOR.    The Tittabawassee Township Board,  with the recommendation of the Planning Commission, shall employ a Zoning Administrator to carry out day to day administration and enforcement of this Ordinance.  The Township Board may designate the Building  Inspector as the  Zoning Administrator.  Conditions  of the Zoning Administrator's employment, including compensation,  shall be established by the Township Board.  Additional staff may be employed,  under the supervision of the Zoning Administrator,  to assist with administration and enforcement of this Ordinance.

 

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

 

(a)      ACCEPT AND RECORD APPLICATIONS, ISSUE AND RECORD PERMITS.  All applications for Zoning Permits shall be submitted to the Zoning 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 Zoning Administrator shall issue a Zoning Permit for  the proposed  use.   When conditions are not met, the Zoning Administrator shall consult with the applicant to  determine the  proper course of action (see  REVIEW PROCESS Table).   The Zoning Administrator shall maintain a record of all applications and related Zoning Permits, including documentation for each.

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

(c)      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 Zoning  Administrator shall prepare notices  of the hearing and  disseminate said notices  as required by this Ordinance.

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

(e)      RECORD NONCONFORMING USES.  The Zoning Administrator shall record all nonconforming uses existing at the effective date of this Ordinance for the purpose  of carrying out the provisions of  Chapter 4, Section 401.

(f)       RECORD SPECIAL USES.   The Zoning Administrator shall keep a record of all Special Use Permits issued under the terms of this Ordinance.

(g)      RECORD INTERPRETATIONS OF ORDINANCE.   The  Zoning Administrator  shall maintain a concise record of all  interpretations of this Ordinance rendered by the Zoning Board of Appeals.  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.

(h)      PUBLIC INFORMATION.  The Zoning 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.

(i)       RESPOND  TO COMPLAINTS.  The  Zoning  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 Zoning  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.

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

 

(2)     PLANNING COMMISSION.

 

(a)      MEMBERSHIP.  The Planning Commission shall be composed of seven (7) members, appointed by the Township Supervisor with the approval of the Township Board. 

(b)      TERMS OF OFFICE.  The term of service for each member shall be three (3) years.  Rotation of membership is encouraged.

(c)      RULES OF PROCEDURE.   The Planning Commission shall adopt its own rules of procedure as may be necessary to conduct its meetings and carry out its  function.   The Commission shall choose its Chairperson,  Vice chairperson and Secretary.

(d)      MEETINGS.  The  Planning Commission shall meet at least four (4) times each year,  and by resolution shall determine the time and place of meetings.   All meetings shall be properly noticed and open to the public. 

(e)      PER DIEM OR EXPENSES.  Members of the Planning Commission may be compensated for their services as provided by the Township Board.   The Planning Commission may make and administer regulations relative to compensation for the travel of its members and employees when engaged in the performance of activities authorized by the Planning Commission.

(f)       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. 184 of 1943, as amended. (Amended 1/14/03 )

(g)      ZONING  ORDINANCE.   The Zoning Ordinance shall be based on a plan designed to promote the public health, safety, and general welfare. 

(h)      ADMINISTRATION AND ENFORCEMENT.  The Planning Commission shall be responsible for the following administrative and enforcement activities under this Ordinance:

 

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

(2)             SPECIAL USE PERMITS.  The Planning Commission shall conduct  a public hearing on any application for a Special  Use Permit.  Following a public  hearing, the Planning Commission shall review and  approve or deny said application.   The Planning Commission shall also take any  necessary action to revoke a Special Use Permit.

(3)      REZONING  OR  AMENDMENT.  The  Planning Commission shall  conduct public hearings for proposals to rezone property or amend the text of this Ordinance as provided by Section 705.  Following a public hearing, the Planning Commission shall make its recommendation regarding the proposed  rezoning or text change to the Township Board.  The Planning Commission may initiate a text  change or rezoning,  subject to the requirements for notice,  hearing and Township Board approval.

 

19.8   ADMINISTRATIVE PROCESSES.

 

(1)     ZONING PERMIT REQUIRED.  The issuance of a Zoning Permit signifies compliance with the requirements of this Ordinance.  A Zoning Permit must be obtained from the Zoning  Administrator before any of the following activities may legally  take place. 

 

(a)     Occupancy and use of vacant land (including parking lot  construction).

(b)     Any  change in the use of a parcel of land  or a building,  including any construction or structural alteration of a building that requires issuance of a Building Permit by  the Township Building Inspector.  (A Zoning Permit must  be obtained before a Building Permit may be issued.) When erected at the same time as the principal building, accessory buildings  shall  not  require  a  separate  Zoning Permit.

(c)     Any use of land or a building that would be identified  as a Use by Special Use Permit in the district regulations.

(d)     Any change of a nonconforming use or building.

 

(2)     APPLICATION FOR ZONING PERMIT.  Application for a Zoning Permit  shall be made  prior to construction of a new or enlarged building or structure,  or a new or  enlarged use of a parcel, is intended to begin.   Form and content of the application package shall be as specified by the following material. (Amended 1/14/03 )

 

(a)     APPLICATION FORM.   Applicants for a Zoning  Permit shall submit a Zoning Application Form with all requested information completely filled in.

(b)     SUBMISSION WITH BUILDING PERMIT APPLICATION.   When a Building Permit is also required, application for a  Zoning Permit may be made at the same  time.  If the Township  Building Inspector also acts as Zoning Administrator,   the Inspector may elect to accept  information submitted for a Building  Permit without duplicating it on the  Zoning  Application Form.

(c)     PROPERTY INFORMATION.   The Zoning Application Form must   be accompanied by a copy of a property  survey, deed or  tax records sufficient to allow identification of the parcel in the Township Assessor's  property maps.  When the applicant is anyone other than the property owner identified by the Assessor's records, evidence of the owner's concurrence or a change in ownership must also  be submitted. 

(d)     PLOT PLAN.   The Zoning Application Form must  also be  accompanied  by a plot plan drawn at  size  and scale sufficient to clearly identify the exact  dimensions of the  parcel, all abutting streets,  alleys  or  easements,  and  the size,  position  and height  of all existing and proposed  buildings  or structures  thereon.  The Zoning Administrator  may also  require any other information  deemed  necessary for the proper enforcement of this Ordinance.

 

(3)     APPLICATION REVIEW PROCESS.   On submission of an application for a Zoning Permit, the Zoning Administrator will review the application material as described by the REVIEW PROCESS  Table  that  accompanies this Section.    Whenever possible, it is desirable for this review to  be  conducted with the applicant present to facilitate any necessary explanation.  If all requirements have been met, the Zoning Administrator shall issue a Zoning Permit.   When failure to  meet any  standard  prohibits issuance of a permit, the  problem shall be identified and the applicant advised of his or  her options, based  on  the information in  the  REVIEW  PROCESS  Table.   In all cases,  a full review shall be  conducted  to identify all potential obstacles to issuance of a Zoning Permit.

              

The review will address each question identified by the REVIEW PROCESS Table in order, moving through each column in the question from left to right.

 

(4)     RECORD MAINTAINED.   The Zoning Administrator shall keep a  record of each application for a Zoning Permit  which  has been submitted, including the disposition of each one.   This record shall be a public record, open for inspection upon request.

 

(5)     VALIDITY OF ZONING PERMIT.   A Zoning Permit remains  in  effect for a period of one (1) year from the date it is issued.  By that time, the activity authorized by the Zoning Permit must have begun.   This means that any use of land  or of an existing building must be underway, or a Building Permit for any new construction must have been issued and construction commenced.   The validity of a Zoning Permit may be extended by the Zoning Administrator not more than one (1) time, for a period not to exceed one (1) additional  year.  Said  extension  must be requested in writing by the permit holder before the expiration of the initial permit period.

 

(6)     VOIDING OF ZONING PERMIT.  If the permit holder fails to  initiate the activity authorized by the Zoning Permit by  the end of the one (1) year extension, the Zoning Permit is automatically  null and void.  Any additional  rights  associated with  the Zoning Permit which have been granted by the  Planning Commission or the Zoning Board of Appeals,  such as Special Use Permits or variances, expire together with the  Zoning Permit. 

 

         Any  performance  guarantee shall be refunded to  the  permit holder  unless the failure to initiate activity has  resulted  in  costs  to the Township which were to be  covered  by  the guarantee.  If any amount of the guarantee remains after said costs  are satisfied,  the balance of the guarantee shall  be released and returned to the permit holder.

 

         Reissuance  of a Zoning Permit which has expired requires a new  Zoning Application Form to be filed with the Zoning Administrator and processed without consideration of any previous action.

 

19.9  ENFORCEMENT.

 

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

 

(2)     VIOLATIONS AND PENALTIES.   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.

 

(a)      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.

(b)      CORRECTION  PERIOD.   All violations shall be  corrected within a reasonable time period determined by the Zoning Administrator, but not to exceed thirty (30) days.

(c)      ACTION BY TOWNSHIP ATTORNEY.  A violation not  corrected within this period shall be reported to the Township Attorney, who shall initiate procedures to eliminate such violation.  Once a violation has been referred to the Township Attorney, any legal action which the Attorney deems necessary to restore compliance with all terms and conditions of this Ordinance is hereby authorized.

(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  upon  conviction thereof shall be punished by a fine of not less than one hundred ($100.00) dollars and not more than  five   hundred ($500.00) dollars by imprisonment  for  a  term   not to exceed ninety (90) days,  or by both  such fine and imprisonment, within the discretion  of  the Court.   For each and every day the violation continues  beyond  the correction,  a separate offense shall be declared.   Additionally, the proper court shall have power and  authority to issue an injunctive order in connection with any violation of the provisions of this Ordinance.

(e)      CUMULATIVE RIGHTS AND REMEDIES.  The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.

 

(3)     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.

 

19.10  AMENDMENT.

 

(1)     TOWNSHIP  BOARD MAY AMEND.  The regulations  and  provisions stated in the text of this Ordinance and the boundaries of zoning districts shown on the Zoning District Map may be amended, supplemented, or changed by ordinance by the Township Board in accordance with the applicable enabling legislation of the State.

 

(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 by one (1) or more owners or their agents, for an  amendment  shall  be submitted upon an application of standard form to the Township Clerk.   A fee as established by the Township Board shall be paid at the time of application to cover costs of necessary advertising for public hearings and processing of the amendment request. The Township Clerk shall transmit the application to the Planning Commission for recommended action.

(b)      RECOMMENDATION.   The Planning Commission shall consider each proposed amendment in terms of the likely effect of such  proposal upon the development plans for  the  community  as well as in terms of the merits of  the  individual proposal.   The Planning Commission 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 as specified by the following section.

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

(1)     CONTENT.    Every  notice  of  said  hearing  shall contain all information required.

 

(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 Section 706.

(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)      SAGINAW   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 Saginaw County  Metropolitan  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 recommendation within thirty (30) days of  its receipt of the amendment. (Amended 1/14/03 )

(f)       AMENDMENT  TO CONFORM WITH COURT DECREE.   An  amendment for the purpose of conforming to the decree of a court of competent  jurisdiction may be adopted by  the Township  Board. The amendment may be made and notice given to the public without referring the amendment to any  other board or agency provided for in this Ordinance.

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

 

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 Section 706, 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.

 

19.11  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.

(c)     Nature of the matter to be considered.

(d)     Identification of the public body that 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.

 

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.