Ordinance No. 939 TC-06-05 Mt. Pleasant, MI  Zoning Ordinance City Code § 154.007 Nonconforming Lots And Uses

Mt. Pleasant, MI City Commission passed Ordinance No. 939 December 10, 2007 amending City Code § 154.007 Nonconforming Lots And Uses. Review of city's website January 30, 2011 failed to provide record of the December 10, 2007 city commission meeting.

December 10, 2007 amendment - City Code § 154.007 Nonconforming Lots And Uses - Text additions shown in red, deletions with strikethrough:

(4) Nonconforming uses discontinued.  If a nonconforming use is discontinued or ceased for a period of one year, any subsequent use shall conform to the provisions of his chapter unless the Zoning Board of Appeals permits a new nonconforming use. Resumption, restoration, reconstruction, extension or substitution of the structure or land may be authorized by the Zoning The Board of appeals may permit a new nonconforming use of the structure or land if said new use or resumption, restoration, reconstruction, extension or substitution represents a marked decrease in the degree of nonconformance, improves the character of the neighborhood and is of decided benefit to adjacent conforming uses. The Board may impose such structural changes, buildings or site modifications or other requirements it deems necessary to meet the above requirements. This division shall not be construed to permit the continuance of prior nonconforming use.

(6) Nonconforming use destroyed. A building which has been damaged by fire or other cause to the extent of more than 50% of its replacement value must be repaired or rebuilt in conformity with the provisions of this chapter unless the Zoning Board of Appeals finds that the redevelopment of the site represents a marked decrease in the specific nonconformance per § 154.007(B)(4), and there is an equivalent use.

(8) The City Commission may acquire by purchase, condemnation, or otherwise, private property or an interest in private property for the removal of nonconforming uses and structures. The City Commission may provide that the cost and expense of acquiring private property may be paid from general funds or assessed to a special district in accordance with the applicable statutory provisions relating to the creation and operation of special assessment districts for public improvement in the City of Mt. Pleasant. The elimination of the nonconforming uses and structures in a zoning district is declared to be for a public purpose and for a public use.

Documentation related to the adoption of Ordinance No. 939 - City's website January 30, 2011:

Mt. Pleasant Planning Commission Minutes - Revised December 7, 2006

VIII. New Business:

A. Zoning Enabling Act – Consider text amendments to comply with Act.

Motion by Ellertson to set a public hearing in February to consider text amendments necessary to comply with new provisions of the Act. Motion approved.

Mt. Pleasant Planning Commission Minutes - Revised January 4, 2007

VII. Unfinished Business:

A. Zoning Enabling Act.

Public hearing to be set for February to consider text amendments to comply with Act.

Mt. Pleasant Planning Commission Minutes February 1, 2007

IV. Public Hearings:

B. Zoning Enabling Act – Consider text amendments to comply with Act.

Staff explained that because of new notification requirements, publication was not initiated within the time limitation; therefore, the public hearing needed to be postponed until March.

Mt. Pleasant Planning Commission Minutes March 1, 2007

Meeting cancelled due to inclement weather.

Mt. Pleasant Planning Commission Minutes - Revised April 5, 2007

IV. Public Hearings:

F. Zoning Enabling Act – Consider text amendments to comply with Act. Postponed until May.

Mt. Pleasant Planning Commission Minutes - Revised May 3, 2007

IV. Public Hearings:

B. TC-06-05 – Zoning Enabling Act – Consider text amendments to the zoning ordinance to comply with Michigan Zoning Enabling Act 110 of 2006.

Staff explained that in January of 2006 the State of Michigan made several amendments to the Zoning Enabling Act, which is requiring several changes to our Zoning Ordinance. The City Attorney reviewed the proposed changes and reported no problems with them. Staff further explained that the State’s mandated changes will go into effect, even if the language is not changed in our Ordinance, which would only be a disservice to the public.

Public hearing opened and closed with no comments received. Discussion.

Lichtman expressed concerns with §154.007 Nonconforming Lots and Uses, and feels it merits significant review. Discussion also included getting input from the Zoning Board of Appeals on the changes. Lichtman asked the Chair for suggestions on how best to deal with this issue.

Orlik responded that the Planning Commission could, 1) pass the document on to the City Commission with a recommendation to approve; 2) postpone or table the issue; or 3) instruct staff to pull out those things that are not State-mandated, since those would be items the Planning Commission could have some say in.

Gillis spoke about the ordinance language and the amount of discussion that has taken place on what constitutes a marked reduction in nonconformity. She further stated the Zoning Board of Appeals has granted permission for several redevelopments based on a decrease in nonconformity, and suggested that when we perpetuate nonconforming uses, we are undermining our Zoning Ordinance. She expressed a desire for a work session due to the amount of impact this could have on the community.

Discussion was held on the benefits of having a joint work session with the Zoning Board of Appeals. It was suggested that staff include an agenda item for the next ZBA meeting for them to also review the document and proposed changes rather than hold a joint session.

Motion by Johnson to postpone action on this item until after the Planning Commission has an opportunity to schedule a work session. Motion approved unanimously.

Staff will color code the changes to identify which ones are mandated by the State and which are suggested changes from staff.

Mt. Pleasant Planning Commission Minutes – Revised June 7, 2007

VII. Unfinished Business:

C. TC-06-05 – Proposed text changes to comply with new Zoning Enabling Act.

The Chair gave a synopsis of how the Michigan Zoning Enabling Act requires several zoning ordinance amendments at the local level in order to comply with the legislative changes.

Discussion centered around use variances and nonconforming uses.

Wolff moved to strike language which grants the ZBA authority to approve use variances (§154.164 (E), p.13 and §154.007 (4) & (6), p.1), noting that such language circumvents the Planning Commission process.

Motion approved unanimously. Staff will present changes to the proposed ordinance language to implement the motion.

Lichtman stated her desire to present several changes to the proposed text amendment and suggested a recess in order to produce copies for the Planning Commissioners.

5 minute recess.

Copies of the Zoning Board Manual, p. 30-31, regarding variances were distributed to the Planning Commissioners.

Motion by Lichtman to clarify §154.162 (A), line 3 of the current zoning ordinance (see p.11 of proposed text changes document), by replacing “appointed by the Commission to serve staggered three-year terms” with item (9), sentence 1 (p.16) of the Zoning Enabling Act:

“The terms of office for members appointed to the zoning board of appeals shall be for 3 years, except for members serving because of their membership on the zoning commission or legislative body, whose terms shall be limited to the time they are members of those bodies.”

Motion approved. The Chair asked Lichtman to present in writing for review at the next meeting all of her proposed changes, with coordinating reference to the language under consideration and the language approved in the Act.

Motion by Ellertson to postpone action until the Planning Commission has a chance to review side-byside the proposed ordinance amendments and the Zoning Enabling Act.

Motion approved.

The Chair suggested a work session to study in more detail the two documents referenced throughout their discussion, along with the issue of nonconforming uses. Staff will coordinate a time when a majority of the Planning Commission can attend.

Mt. Pleasant Planning Commission Thursday, July 12, 2007 Work Session Minutes - Revised

III. Work Session:

A. Proposed zoning ordinance text changes to comply with the Michigan Zoning Enabling Act, as amended.

Commissioners discussed and agreed upon various proposed text changes (reflected in Draft 3) to the following sections of the zoning ordinance:

1. 154.026 Performance Guarantees.

2. 154.051 Residential Districts.

3. 154.162 Zoning Board of Appeals.

4. 154.163 Appeals; Conditions.

5. 154.164 Variances.

6. 154.167 Decisions of Board of Appeals Final.

7. 154.169 Site Plan Review.

8. 154.171 Special Use Permits.

Staff was instructed to schedule another work session to discuss proposed text changes to the following sections of the zoning ordinance:

1. 154.007 Nonconforming Lots and Uses.

2. 154.024 Conflicting Ordinances.

3. 154.027 Compliance with Open Meetings Act.

4. 154.166 Hearing Procedure (ZBA).

5. 154.168 Planning Commission.

6. 154.171 (C) (6) Special Use Permits.

7. 154.172 Amendments and Map Changes.

Mt. Pleasant Planning Commission Minutes - Revised July 12, 2007

II. Approval of Agenda:

Motion by Gillis to approve the agenda with the following changes:

A. Postpone Item VII. C. (TC-06-05) until August.

Motion approved.

VII. Unfinished Business:

C. TC-06-05 – Consider proposed text changes to comply with new Zoning Enabling Act.

Postponed until August meeting per Item II. A.

Mt. Pleasant Planning Commission Work Session Minutes - Revised August 2, 2007

IV. Work Session:

A. The Planning Commission discussed and agreed upon all text changes proposed in Draft 3 with minor modifications.

Mt. Pleasant Planning Commission Minutes – Revised August 2, 2007

VII. Unfinished Business:

C. TC-06-05 – Consider text amendments to comply with new Zoning Enabling Act (postponed from previous meeting).

Staff instructed to schedule a public hearing in September since a previous public hearing took place before numerous changes had been made.

Mt. Pleasant Planning Commission Minutes - Revised September 6, 2007

IV. Public Hearings:

F. TC-06-05 – Consider various text amendments to the following sections of the Mt. Pleasant Zoning Ordinance: 154.007; 154.024; 154.026; 154.027; 154.051; 154.162 – 154.164; 154.166 – 154.169; 154.171 – 154.172.

The Chair introduced the case regarding ordinance amendments needed to comply with changes in the Michigan Zoning Enabling Act and opened the public hearing. There being no one wishing to speak, the Chair closed the public hearing.

Discussion.

Lichtman suggested additional changes on pages 9, 11, 12, 13, 15, 23, 27 and 30, reflected in Draft 5. Consideration of case to be continued at the October meeting.

Mt. Pleasant Planning Commission Minutes - Revised October 4, 2007

VII. Unfinished Business:

B. TC-06-05 – Consider various text amendments to the following sections of the Mt. Pleasant Zoning Ordinance: 154.007; 154.024; 154.026; 154.027; 154.051; 154.162 – 154.164; 154.166 – 154.169; 154.171 – 154.172. (Action postponed from September.)

Discussion with additional revisions suggested.

Motion by Lichtman to recommend acceptance of TC-06-05 including option B on p. 15. Discussion. Roll call vote. Ayes: Gillis, Jakeway, Lazarov, Lichtman, Lux, Wolff, Ellertson, Orlik. Absent: Johnson. Motion approved unanimously.

Motion by Lichtman to ask the City Commission to consider the notification process for rezoning 11 or more adjacent parcels whereby property owners within 300 feet would be notified. Discussion. Motion approved (non-roll call; no nays).

City Commission Minutes Monday, October 22, 2007

Moved by Commissioner McGuire and supported by Commissioner Spycher to receive the Planning Commission’s recommendation on proposed text amendments to the following  sections of the Zoning Ordinance:

§ 154.007   Nonconforming Lots And Uses

§ 154.024   Conflicting Ordinances

§ 154.026   Performance Guarantees

§ 154.027   Compliance With  Open Meetings Act

§ 154.051   R Residential Districts

§ 154.062-154.164 Zoning Board of Appeals; Appeals, Conditions;  Variances

§ 154.166-154.169 Hearing Procedure; Decisions Of Board of Appeals  Final; Planning Commission; Site Plan Review

§154.171-154-172  Special Use Permits; Amendments And Map Changes

and set a public hearing on same for November 26, 2007 at 7:00 p.m.

Motion unanimously adopted.

City Commission Minutes Monday, November 26, 2007

A public hearing was held on proposed text amendments to various sections of §154 of the Zoning Ordinance of the City of Mt. Pleasant. There being no public comments or communications received, the Mayor closed the hearing.

Moved by Commissioner McGuire and supported by Commissioner Kilmer to postpone action on §154.007 Nonconforming Lots And Uses until December 10, 2007.  Motion  unanimously adopted.

Moved by Commissioner Kilmer and supported by Commissioner Holton to postpone action on §154.162-154.164 Zoning Board Of Appeals; Appeals, Conditions; Variances until December 10, 2007. Motion unanimously carried.

Moved by Commissioner Holton and supported by Commissioner Moreno to postpone action on §154.166-154.169 Hearing Procedure; Decisions Of Board Of Appeals Final; Planning Commission; Site Plan Review until December 10, 2007. Motion unanimously carried.

Moved by Commissioner Holton and supported by Commissioner Moreno to postpone action on §154.171-154.172 Special Use Permits; Amendments And Map Changes until December 10, 2007. Motion unanimously carried.

City Commission Agenda Monday, December 10, 2007

Staff Recommendations and Reports:

12. Consider approval of proposed text amendments to the following sections of the Zoning Ordinance:

§154.007 Nonconforming Lots and Uses

§154.162-154.164 Zoning Board of Appeals; Appeals, Conditions; Variances

§154.166-154.169 Hearing Procedure; Decisions Of Board Of Appeals Final;Planning Commission; Site Plan Review

§154.171-154.172 Special Use Permits; Amendments And Map Changes

January 30, 2011 - No further record - Ordinance No. 939 amending City Code § 154.007 Nonconforming Lots And Uses or December 10, 2007 city commission meeting.

Update February 17, 2011 - minutes of the December 10, 2007 city commission meeting available on city website

City Commission Minutes Monday, December 10, 2007

Moved by Commissioner Moreno and supported by Commissioner Spycher to accept staff recommended text changes to §154.007 of the Code of Ordinances and that Ordinance No. 939, an ordinance to amend various sections of §154 of the Code of Ordinances including §154.007 Nonconforming Lots And Uses having been introduced and read, now be passed, ordained and ordered published. Motion unanimously adopted.

Moved by Commissioner Holton and supported by Vice Mayor Bissell to accept staff recommended text changes to §154.162-154.164 of the Code of Ordinances and that Ordinance No. 939, an ordinance to amend various sections of §154 of the Code of Ordinances including §154.162-154.164 Zoning Board Of Appeals; Appeals, Conditions; Variances having been introduced and read, now be passed, ordained and ordered published. Motion unanimously adopted.

Moved by Commissioner Holton and supported by Commissioner Kilmer to accept staff recommended text changes to §154.166-154.169 of the Code of Ordinances and that Ordinance No. 939, an ordinance to amend various sections of §154 of the Code of Ordinances including §154.166-154.169 Hearing Procedure; Decisions Of Board Of Appeals Final; Planning  Commission; Site Plan Review having been introduced and read, now be passed, ordained and ordered published. Motion unanimously adopted.

Moved by Commissioner Moreno and supported by Commissioner Kilmer to accept Planning Commission recommended text changes to §154.171-154.172 and that Ordinance No. 939, an ordinance to amend various sections of §154 of the Code of Ordinances including §154.171-154.172 Special Use Permits; Amendments And Map Changes having been introduced and read, now be passed, ordained and ordered published. Motion unanimously adopted.