Correcting errors and regulatory conflicts

• Several typographical errors are proposed to be corrected, and outdated references in a number of sections to Township Board approval of special uses will be removed. Changes in state law require the township to amend the licensed capacity limits for family and group day care homes, and to insert “qualified residential treatment programs for 10 or fewer individuals” as an allowable use in districts where single-family dwellings are allowed.

• A regulatory conflict identified by the Zoning Administrator related to provisions for nonconforming single-family dwellings is proposed to be resolved by inserting a new Section 12.6 to more properly and completely address the concerns of mortgage companies and insurance companies related to replacement of a damaged or destroyed nonconforming dwelling.

• The responsibilities of the Zoning Administrator (listed in Section 13.5.B.) are also proposed to be updated to remove inconsistencies between the provisions of this subsection and the established job description for this position.

Updates to Planned Unit Development (PUD)

• The eligibility criteria and provisions for permitted uses in a PUD project (Section 3.19) are proposed to be updated to clarify and expand the criteria for consideration of a potential project for PUD review, to expand land use options that can be considered on a PUD Concept Plan, and to better integrate the Master Plan into the land use review component of the PUD review process.

• An additional amendment to the “regulatory flexibility” subsection is intended to allow proposed “limited deviations” to signage standards to also be considered as part of a PUD application.

• Per the Commission’s recommendation to “eliminate subsections ‘e.’ and ‘g.’ from (the proposed amendments to) Section 3.19.C.1.,” these subsections are shown as deleted (red strikethrough) text in the as-recommended set of proposed amendments for Board of Trustees review

Self-storage Buildings

• To correct a regulatory conflict, self-storage buildings are proposed to be added back into the table in Section 3.4 (to match the reference in Section 3.13).

• To minimize impacts on a vibrant business district and to maximize the economic development potential of the limited amount of vacant industrial land in the Township, additional location and site arrangement standards are proposed to be added to Section 6.38 and these facilities are proposed to be moved to require special use permit approval in the Industrial Districts.

• The minimum parking standard is also proposed to be revised to eliminate the potential for excessive or unnecessary required parking.

Zoning Board of Appeals

• Amendments are proposed to consolidate all Zoning Board of Appealsrelated provisions into one section (these provisions are currently incomplete and divided between Sections 13.4 and 14.4), to correct inconsistencies in the current text with sections 601, 603, and 604 of the Michigan Zoning Enabling Act (Public Act 110 of 2006, as amended), to correct discrepancies in the application requirements, and to clarify and expand upon the variance criteria related to “substantial justice.”

• As part of the updates, a clarification is also proposed to be made related to the timing of application or appeal.

• For any land use, structure or other project that is subject by a provision of this Ordinance to review and action or interpretation by the Planning Commission or Zoning Administrator, an application to the Zoning Board of Appeals shall only be accepted for review and a public hearing after the conclusion of that administrative process.

Additional Proposed Amendments

• Updating religious institutions definition to remove ambiguities cited by the applicant and ZBA members during the hearing and deliberations, and also proposed to add “Theaters, Assembly Halls, Concert Halls, and Similar Places of Public Assembly” to the list of allowable Principal Uses in the B-7 District.

“The Zoning Ordinance is an important regulatory tool for implementation of the Township Master Plan’s future land use and development policies,” an action request form from Township Manager Mark Stuhldreher said. “An up-to-date Zoning Ordinance is also necessary to ensure that the Township remains in compliance with applicable state laws and established case law. Adoption of the Zoning Ordinance amendments is also justified by the community benefits to be gained through application of the updated and corrected standards.”