Source: Sherman Publications

Orion Township

November 09, 2011




The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, November 7, 2011, held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, adopted an ordinance amending the Zoning Ordinance No. 78, Article XXX, for the Charter Township of Orion, Michigan; to amend Section 30.04; providing for repeal of conflicting ordinances and portions thereof; and providing an effective date.


SECTION 1 of Ordinance

Pursuant to the provisions of the Michigan Zoning Enabling Act, pursuant to all applicable provisions of law, Article XXX is amended by adding the herein after language in the Article as follows:

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Article XXX – Administrative Procedures & Standards

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Section 30.04 – Amendments to the Zoning Ordinance

A. Initiation of Amendment. Text amendments may be proposed by any governmental body or any interested person or organization. Map amendments may be initiated by any governmental body or any persons having a freehold interest in the subject property, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, or an exclusive possessory interest entitled to exclusive possession or which is specifically enforceable.

B. Application for Amendment. An application for an amendment to this Ordinance, whether it is a text amendment or an amendment to change the zoning classification of a particular property, shall be filed with the Chief Building Officer / Enforcement Officer on such forms and accompanied by such fees as may be specified by the Township Board. The application and any supporting documentation shall be forwarded by the Building Department to the Planning Commission for study and recommendation.

1. Each application for an amendment to change the zoning classification of a particular property shall include statements addressing the following:

a. An explanation of why the rezoning is necessary for the preservation and enjoyment of the rights of usage commonly associated with property ownership.

b. An explanation of why the existing zoning classification is no longer appropriate.

c. An explanation of why the proposed rezoning will not be detrimental to surrounding properties.

2. Applications for amendments that are intended to change the zoning classification of a particular property shall be accompanied by a plot plan and description of the zoning request. Information required shall include the following:

a. Applicant’s name, address, and telephone number.

b. Scale of plot plan, northpoint, and dates of submission and revisions.

c. Zoning classification of petitioner’s parcel and all abutting parcels.

d. Existing lot lines, building lines, structures, parking areas, driveways, and other improvements on the site and within one hundred (100) feet of the site. Aerial imagery or photographs with parcel data and/or property lines should be submitted.

e. Existing use of the property.

f. Right-of-way widths of all abutting streets and alleys.

g. Tax parcel identification number and/or legal description with acreage calculation.

h. Listing of all existing street addresses within the property.

If any of the items listed are not applicable to a particular plot plan, the applicant shall specify on the plot plan which items do not apply, and furthermore, why the items are not applicable.

3. Additional Information Requirements. The Planning Commission or Building Department may require additional items of information which are pertinent to the analysis of a zoning map amendment. This information includes the following:

a. Listing of known easements, including utility easements, drainage easements, etc.

b. Information regarding existing sanitary systems and/or septic systems and adequacy or feasibility of service.

c. Information regarding existing water mains, well sites, and adequacy or feasibility of service.

d. The location of regulated wetlands or floodplains.

C. Evaluation by the Township. The Charter Township of Orion shall base its decision regarding a zoning map amendment upon findings of fact and review of the criteria contained in Section 30.04.C.4. The Township shall also evaluate a rezoning request based upon the information provided by the applicant as required by this section, including information pertaining to utilities such as water and sanitary service, natural features such as wetlands, and easements. It is the responsibility of a rezoning applicant to fully investigate the feasibility for development. It is also the responsibility of the applicant to fully understand all possible site development constraints, including but not limited to wetlands, floodplains, easements, and on-site utilities. A successful rezoning does not necessarily guarantee or commit the Township to provide full extension of utility services such as water and sanitary sewer service to those sites or parcels without these services.

D. Action by the Planning Commission.

E. Action by the Township Board.

F. Effect of Denial of Amendment

G. Notice of Amendment Adoption

H. Required Signage

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SECTION 2 of Ordinance

Section 2 – Repeal

All other ordinances or parts of ordinances which are inconsistent or in conflict herewith are hereby repealed to the extent of such inconsistency or conflict.

SECTION 3 of Ordinance

Section 3 – Severability

The various parts, sections and clauses of this Ordinance are declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected.

SECTION 4 of Ordinance

Section 4 – Effective Date

This Ordinance shall be published in full in a newspaper of general circulation in the Charter Township of Orion, qualified under State law to publish legal notices, and shall become effective upon publication, as provided by law.

SECTION 5 of Ordinance

Section 5 – Adoption

This Ordinance is hereby declared to have been adopted by the Board of Trustees of the Charter Township of Orion at a meeting thereof duly called and held on the 7th day of November, 2011, and ordered to be given publication in the manner prescribed by the Charter of the Township of Orion.

Copies of the Ordinance are on file in the office of the Township Clerk, 2525 Joslyn, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday.

Penny S. Shults, Clerk

Charter Township of Orion

Publish: 11.09.11