Planning & Zoning Frequently Asked Questions

All work conducted related to a project with an approved site plan shall be in conformance to that site plan. Any amendment to an approved site plan shall require the site plan to be resubmitted to the Planning Commission and go through the entire review process again, starting with the preliminary review, with the exception of minor changes as determined by the Zoning Administrator, as long as the change does not result in:

1. A significant change in the use, intensity of character of the development.
2. A significant increase in lot coverage.
3. A reduction in required off street parking or loading areas or drainage retention or detention capacity.
4. Reduction in pavement widths or utility pipe size.
5. Significant changes in road or lot layout.

Minor changes shall require written notice to the Planning Commission and a notation added to the record of the decision.

In the interest of ensuring compliance with the Zoning Ordinance provisions, the Planning Commission of Zoning Administrator (depending on who approved the site plan) may require the applicant to deposit a performance guarantee. The purpose of the performance guarantee is to ensure completion of improvements connects with the proposed use as required by this Ordinance, including but not limited to roadways, lighting, utilities, sidewalks, drainage, fences, screens, walls, landscaping, and widening strips.

The Township Planning Commission and Township Board must find one of the following (see Section 14.02):

1. The requested amendment is in compliance with the Township Land Use Plan or that a mistake in the plan, or changes in conditions or Township policy have occurred that are relevant to the request. If the Planning Commission recommends approval of a request that is not in compliance with the current plan due to a mistake or change in conditions or policy, it shall immediately initiate an amendment to the plan to address the identified mistake of change.
2. The property cannot be reasonably used as it is currently zoned and the proposed request represents the most suitable alternative zoning classification based on the Future Land Use Plan.

The Planning Commission reviews the particular circumstances of the special use request under consideration in terms of the following standards, as well as applicable standards established elsewhere in this Ordinance. The Planning Commission shall find that a proposed use shall:

1. be of such location, size and character that is will be in harmony with the appropriate and orderly development of the surrounding neighborhood and/or vicinity and applicable regulations of the zoning district which it is to be located;
2. be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular turning movements in relation to routes of traffic flow, proximity, and relationship to intersections, adequacy of sight distances, location and access of off-street parking and provisions for pedestrian traffic, with particular attention to minimizing child-vehicle interfacing;
3. be designed as to the location, size, intensity, site layout and hours of operation so as to eliminate any nuisance emanating there from which might be noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke or lights;
4. be such that the proposed location and height of buildings or structures and location, nature and height of walls, fences and landscaping will not interface with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value;
5. not place demands on public services and facilities in excess of current capacity;
6. be so designed, located, planned and operated that the public health, safety and welfare will be protected;
7. not cause substantial injury to the value of other property in the neighborhood in which it is to be located and will not be detrimental to existing and/or permitted land uses in the zoning district.

When considering amendments to the Zoning Ordinance text the Planning Commission must find:

1. The change is necessary to clarify a provision of the Ordinance, or
2. The change is necessary to correct a mistake in the Ordinance, or
3. The change is necessary to implement a goal or policy of the Township Land Use Plan, or
4. The change is necessary to improve administration of the Ordinance or to better serve the community.
5. In addition to one (1) or more of the above findings, the Planning Commission must determine that the requested amendment is in compliance with the Township Land Use Plan or that a mistake in the plan, or changes in conditions or township policy have occurred that are relevant to the request. If the Planning Commission recommends approval of a request that is not in compliance with the current plan due to a mistake or change in conditions or policy, it shall immediately initiate an amendment to the plan to address the identified mistake of change.

All approved site plans shall comply with the appropriate zoning district regulations, parking requirements, general provisions and other requirements of this Ordinance as they apply to the proposed site plan. In addition, each site plan shall comply with the general requirements listed in Section 8.03 of the ordinance.

Information required on a site plan is listed in Section 8.03. The applicant is required to complete and submit a Site Plan Review Checklist as part of the application.

Uses are permitted either ‘by right’ or by ‘special use permit’. A special use is a use which may be appropriate in the district in which it is permitted, but has certain characteristics which must be managed to protect the integrity of uses permitted by right in that district. For this reason, applications for special use permit must also go through Site Plan Review.

A zoning text amendment changes the language of the Zoning Ordinance.

A rezoning is a change in the zoning district classification of a specific geographic area on the zoning map.

Site plan review procedures provide an opportunity for the Planning Commission to review the proposed use of a site in relation to drainage, pedestrian and vehicle circulation, off-street parking, structural relationship, public utilities, landscaping, accessibility and other site design elements which may have an adverse effect upon the public health, safety, morals and general welfare as well as to provide for the interest of the property owner.

The site plan review process is intended to allow the Township the opportunity to review a proposed development prior to its construction, to determine compliance with the requirements of this Ordinance.

A rezoning request can be initiated by the landowner, Township Board, Planning Commission or Zoning Board of Appeals to accommodate a different land use than is permitted in that district.

Site plans are required for any of the following:

1. As part of an application for a special use permit.
2. Any change in use which requires construction of ten (10) or more additional parking spaces.
3. As part of an application for approval of a condominium development.
4. Any other construction or moving of structures except:
   1. Single-family and duplex residences on individual parcels and their accessory structures.
   2. Non-residential accessory structures under six hundred (600) square feet.
   3. Expansions of under six hundred (600) square feet to existing structures.

Text amendments may be required to clarify the language of the Zoning Ordinance, add new zoning techniques, add new uses to zoning districts, bring standards up to date, implement a change in procedure, or other reasons. A text amendment can be initiated by a resident of the Township by petition or by application and payment of a fee, or by resolution by the Planning Commission, Zoning Board of Appeals or Township Board.

Special use permit approval is required for all uses listed as special use in the District Regulations Article 3 of the Zoning Ordinance.

Rezonings are reviewed by the Planning Commission at a public hearing, following which they make a recommendation on the amendment. Amendments are adopted by the Township Board, after considering the Planning Commission recommendation, public hearing comments and approval standards.

Text amendments are reviewed by the planning commission at a public hearing. Amendments are adopted by the Township Board, after considering the Planning Commission recommendation.

Special use permits are reviewed and approved by the Township Planning Commission.

The Planning Commission is authorized to review all site plans, including site plans submitted as a part of a special use permit application, except those special use permits which are approved administratively. The Planning Commission is authorized to approve, disapprove or approve the site plan with conditions.

1. Would ensure that public services and facilities will be capable of accommodating increased service and facility loads caused by the land use or activity.
2. Would protect the natural environment and conserve natural resources and energy.
3. Would ensure compatibility with adjacent used of land.
4. Would promote the use of land in a socially and economically desirable manner.