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| Frequently Asked Questions | |||
What Is A Site Plan? What Does The Zoning Administrator Do? How Can I Get Access To My Commuity's Ordinances? What Is A Zoning Ordinance? What Is A Site Plan Review? What Does The Planning Commission Do? What Does The Legislative Body Do? What Does The Zoning Board of Appeals (ZBA) Do? What Does Rezoning Entail? What Is A Variance? What Is A Special Land Use Permit? What Is A Planned Unit Development? What Is A Public Hearing? What Is A Use Variance? What Is A NonUse Variance? What Is A ZBA Hearing? |
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| A site plan is a detailed graphic and written document showing what an applicant wants to do on a parcel. It shows existing and proposed manufactured structures as well as the natural characteristics and features of a site. | |||
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| This is the official whom an applicant would see first and who can tell them about local procedures, ordinances, and the Master Plan. They are specifically assigned the task of reviewing applications and inspecting sites for compliance. Their major responsibility is to administer ordinances precisely as written, which includes monitoring the field after a project is approved. | |||
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A zoning ordinance provides the authority to regulate private use of land by creating land use zones and applying development standards in the various zoning districts. The zoning standards-the written portion of the ordinance-state the rules that give meaning to the various types of districts such as rules governing height, density, and location of buildings, parking, and signs. The major types of zoning districts are residential, commercial, industrial, public, and agricultural. Many communities refine these broad categories and end up with a much longer set of districts. Zoning requirements greatly affect how a community appears and how it functions. Local governments pass zoning ordinances for many reasons including:
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Being informed about your local zoning ordinance is crucial to being empowered to participate in planning and development decisions in your community. Your zoning ordinance contains all the important information about zoning decisions, procedures for appeals of these decisions, and what constitutes violations of the ordinance. Your local zoning ordinance also must comply with the requirements of the state zoning act which authorizes your local government to enact the ordinance. You can request that your local zoning administrator or other government contact person send you a copy. This will be a long document and you may need to pay a reimbursement fee for copying expenses. Or, you can make an appointment to visit your local township/village/city hall and look over the document while you are there. |
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The Site Plan Review (SPR) is the process, specified in the zoning ordinance, of examining a development or activity to assure its compliance with local, state, and federal laws. The ordinance makes clear when a SPR is necessary. SPR is the way to make certain zoning standards as well as all the others related to parking, landscaping, and so on are implemented on a site by site basis. SPR is important because it provides clear assurance to the community as to how a development will be laid out, its relationship to public roads, utilities, other services, and to adjoining land uses, and what the physical design of the site will be. It can be an effective vehicle for protecting the natural environment and for buffering existing development from the effect of new development on adjoining lands. A site plan review is conducted after determining that the proposed use is permitted under the terms of the zoning ordinance and before any land development activity is allowed to occur. If a site plan conforms to all zoning ordinance standards, it will likely be approved. Approval does not authorize construction; rather it is a legal basis for future site compliance inspections. If development does not proceed according to an approved site plan, legal means to require enforcement can be initiated. The zoning ordinance must specify what types of uses or activities require site plan review. Usually single-family homes and remodeling projects do not require a SPR. The SPR is done after the proposed use is determined to be a permitted use in the zoning district and before any land development activity is allowed to occur. The zoning or planning staff will prepare a report stating how well the plan conforms to the ordinance requirements. Some of these requirements are administrative, such as being drawn to scale, having a north arrow, etc. Other requirements have to do with the design of buildings, parking, signs, landscaping, etc. If it meets all requirements, the plan likely will be approved; if the plan could be modified so that it would meet the requirements, it may be approved with conditions; if the plan does not meet requirements, it will be denied. Often if the plan does not meet administrative requirements, it is rejected before the site design aspects are reviewed. |
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The Planning Commission (sometimes called Zoning Commission) develops and revises the community's master plan. They also prepare and recommend zoning ordinances to the County Board of Commissioners and advise and make recommendations concerning amendments, changes, additions to, or departures from the ordinances. They may also review Site Plans and Special Land Use (SLU) proposals. By law, the Planning Commission meetings must be open to the public. Any time a quorum of Planning Commissioners is gathered, the meeting becomes official and must be advertised and open to the public. |
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| Often called a county or township board of trustees or a village/city council, this elected body makes decisions about rezoning and ordinance adoption after review by the Planning Commission. In small jurisdictions, they may also take care of Site Plan Reviews (SPR) and Special Land Use (SLU). | |||
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| The duty of the ZBA is to hear appeals and make adjustments. The ZBA actions may include making decisions about variances, project appeals, enforcement, zoning district interpretation, and ordinance language clarification. Planned Unit Developments and Special Land Uses cannot be appealed to the ZBA unless specifically allowed in the ordinance. ZBA decisions are final. While their decisions can be appealed to the circuit court, judges are only directed to assure that the decisions comply with the law, followed proper procedure, are supported by competent material and evidence, and represent a reasonable exercise of discretion. | |||
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Rezoning generally occurs because a person wants to use the land in a way that current zoning does not allow. This process involves amending the ordinance itself. Rezoning, like all other zoning actions, goes with the land, not with the owners. Planning commissions and legislative bodies should make their decisions based on the merits of the case, not on the basis of personality or the particular project proposed. Site plans should never be considered as part of a rezoning request (with the exception of a PUD). When the zoning is changed, all of the uses permitted in the new zoning district have the potential to be placed on the site, not just the one on the site plan. Zoning use classifications are generally very broad. So if an applicant is granted a change from residential use to commercial use, many different commercial ventures may be permitted. The applicant may intend to build a jewelry store but could change their mind and build a drive-through fast food restaurant. |
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A variance is permission granted by the ZBA to break the zoning ordinance. It is a specific use that can contain specific conditions. They are not intended to be easy to achieve. There are two kinds of variances: use and nonuse.
USE VARIANCE A use variance is a change in the literal provisions of the zoning ordinance. It permits a use of land that is otherwise not allowed in that zoning district. Variances are used when strict enforcement of zoning law would cause unnecessary hardship for the property owner due to circumstances unique to the property. (Townships and Counties have no statutory authority to grant use variances.) What is unnecessary hardship? Unnecessary hardship means that:
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Special land uses (SLU), referred to by a variety of terms, are uses of land which are not essentially incompatible with the uses permitted in a zoning district but require individual review and possible restriction in order to insure compatibility with the natural environment of the site, the character of the surrounding area, public services and facilities, and adjacent uses of land. A Site Plan Review is required for all SLUs. |
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The concept of the planned unit development (PUD) is a relatively new technique in zoning but is in increasingly wide use. It can be utilized in several situations, but is usually applied to large parcels to be developed as a single project rather than through the subdivision process. PUDs are usually, but not always, developed as residential properties incorporating several types of housing, such as detached single-family units, town houses, and apartment units. A residential PUD often also includes some nonresidential uses such as commercial and office facilities. A site can be developed more creatively under PUD rules and the resulting benefits can be better adapted to topography, wetlands, drainage, and other natural features on the site. In addition, the PUD approach fosters more open space, a more interesting and diverse environment, and possible onsite retention of storm water. Note that the basic ground rules for PUDs, as in the case with site plan review, must be contained in the zoning ordinance. |
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Township Public Hearing required before submission by township zoning board of ordinance recommendations. Not less than one hearing, notice of which given by two publications in a newspaper of general circulation, the first printed not more than 30 days and not less than 20, the second not more than eight days before the date of hearing. Notice shall be given by mail or personally delivered not less than eight days before the hearing to owner(s) of subject rezoning property, to all persons to whom real property is assessed within 300 feet of the rezoning, and to occupants of single and two family dwellings within 300 feet. Notice shall also be given my mail to each electric, gas, pipeline, telephone public utility company, and railroad registered with the municipality not less than 20 days before the hearing. The notices shall include places and times at which the tentative text and maps of the ordinance may be examined. One notice of any ordinance adoption must be published in a newspaper of general circulation within 15 days of adoption. City/Village Public Hearing Notice shall be published in an official paper of general circulation not less than 15 days prior to meeting. Notice to surrounding properties is not required by Michigan Act, but may be by local charter. At least one public hearing must be held before recommendation of zoning regulations. Notice shall also be given my mail to each electric, gas, pipeline, telephone public utility company, and railroad registered with the municipality not less than 15 days before the hearing. One notice of any ordinance adoption must be published in a newspaper of general circulation within 15 days of adoption. County Hearing Notice must be published twice in a newspaper of general circulation, the first printed not more than 30 days and not less than 20, the second not more than eight days before the date of hearing. Notice shall be given by mail or personally delivered not less than eight days before the hearing to property owner(s) of subject rezoning property. Notice shall also be given my mail to each electric, gas, pipeline, telephone public utility company, and railroad registered with the municipality not less than 20 days before the hearing. |
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USE VARIANCE
A use variance is a change in the literal provisions of the zoning ordinance. It permits a use of land that is otherwise not allowed in that zoning district. Variances are used when strict enforcement of zoning law would cause unnecessary hardship for the property owner due to circumstances unique to the property. (Townships and Counties have no statutory authority to grant use variances.)
What is unnecessary hardship?
Unnecessary hardship means that:
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NONUSE VARIANCE
A nonuse variance is sometimes referred to as a dimensional variance. It is a change in the literal provisions of the zoning ordinance and is used when strict enforcement of zoning law would cause practical difficulties for the property owner due to circumstances unique to the property. These requests are more common than use variances. To demonstrate practical difficulties, the applicant must show several things:
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This represents a process of informational gathering and sorting. Public hearings are required before rezoning, approving a Special Land Use (SLU), a Planned Unit Development (PUD), or approving a Variance. They are not necessarily required for land divisions, SPR, or plats-though this is determined by the local ordinances. Notices for a public hearing should be published in a newspaper with general circulation in the township and sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet. The notices shall be given out not less than 5 nor more than 15 days before the date the application will be considered. Notices must describe the nature of the request, where and when the request will be considered, be written clearly in common language and include a common address, not simply a legal description of property lines.
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This page last updated on 10/10/2006.