(A) Initiation of amendment. The Township Board may amend, supplement, or change the district boundaries or the regulations herein, pursuant to the authority and procedures set forth in Michigan Public Act 110 of 2006, as amended. Text amendments may be proposed by any governmental body or any interested person or organization. Changes in district boundaries may be proposed by any governmental body, any person having a freehold interest in the subject property, or by the designated agent of a person having a freehold interest in the property.
(B) Application for amendment. A petition for an amendment to the text of this chapter or an amendment to change the zoning classification of a particular property, shall be commenced by filing a petition on the forms provided by the Township Clerk and accompanied by the fees specified. The petition shall describe the proposed amendment and shall be signed by the applicant. Petitions for rezoning of a specific site shall be accompanied by a plot plan or survey, which shall contain the following information. These materials shall be submitted to the Township no later than 12:00 p.m. 14 days prior to the Planning Commission or Township Board meeting at which the review is requested.
(1) Applicant's name, address and telephone number;
(2) Scale, northpoint and dates of submittal and revisions;
(3) Zoning classification of petitioner's parcel and all abutting parcels;
(4) Existing lot lines, building lines, structures, parking areas, driveways and other improvements on the site and within 50 feet of the site;
(5) Proposed lot lines and lot dimensions, and general layout of proposed structures, parking areas, driveways and other improvements on the site;
(6) Dimensions, centerlines and right-of- way widths of all abutting streets and alleys;
(7) General location of existing drainage courses, floodplains, lakes and streams and woodlots;
(8) All existing and proposed easements;
(9) Location of sanitary sewer or septic systems, existing and proposed; and
(10) Location and size of water main, well sites and building service, existing and proposed.
(C) Review procedures. After the completed petition and all required supporting materials have been received and fees paid, the petition shall be reviewed in accordance with the following procedures:
(1)
Planning Commission review. The petition shall be placed on the agenda of the next regularly scheduled meeting of the Planning Commission. The Planning Commission shall review the petition for amendment in accordance with the procedures and public hearing and notice requirements set forth in Michigan Public Act 110 of 2006, as amended, and schedule a public hearing for the request on the next available Planning Commission agenda. Notice of the public hearing shall be given following the procedures listed in § 156.484. (2) Action by the Planning Commission.
(a) Following the hearing on the proposed amendment, the Planning Commission shall make written findings of fact which it shall transmit to the Township Board, together with the comments made at the public hearing and its recommendations.
(b) If a County Zoning Coordinating Committee has been appointed by the County Board of Commissioners, the Planning Commission shall also submit the proposed amendments to the Zoning Coordinating Committee for review and recommendation, pursuant to § 307(2) of Michigan Public Act 110 of 2006, as amended.
(3) Action by the Township Board. The Township Board may hold additional hearings if the Board considers it necessary, following the hearing and notice requirements of Michigan Public Act 110 of 2006, as amended. The Township Board may by majority vote of its membership adopt the proposed amendment, reject the proposed amendment, or refer the proposed amendment back to the Planning Commission for further review and recommendation within a specified time period. Thereafter, the Township Board may either adopt the amendment with or without the recommended revisions or reject it.
(4) Review considerations. The Planning Commission and Township Board shall, at minimum, consider the following before taking action on any proposed amendment.
(a) Will the proposed amendment be in accordance with the basic intent and purpose of the Zoning Ordinance?
(b) Will the proposed amendment further the comprehensive planning goals of the township?
(c) Have conditions changed since the Zoning Ordinance was adopted or was there a mistake in the Zoning Ordinance that justifies the amendment?
(d) Will the amendment correct an inequitable situation created by the Zoning Ordinance, rather than merely grant special privileges?
(e) Will the amendment result in unlawful exclusionary zoning?
(f) Will the amendment set an inappropriate precedent, resulting in the need to correct future planning mistakes?
(g) If a rezoning is requested, is the proposed zoning consistent with the zoning classification of surrounding land?
(h) If a rezoning is requested, could all requirements in the proposed zoning classification be complied with on the subject parcel?
(i) If a rezoning is requested, is the proposed zoning consistent with the trends in land development in the general vicinity of the property in question?
(j) Will the proposed amendment be consistent with the purposes of this chapter and, in particular, will the proposed amendment promote the public health, safety and welfare?
(5) Notice of record of amendment adoption. Following adoption of an amendment by the Township Board, one notice of adoption shall be filed with the Township Clerk and one notice shall be published in newspaper of general circulation in the township within 15 days after adoption, in accordance with Michigan Public Act 110 of 2006, as amended. A record of all amendments shall be maintained by the Township Clerk. A master Zoning Map shall be maintained by the township, which shall identify all map amendments by number and date.
(D) Referendum. Within 30 days following the passage of the Zoning Ordinance, a petition signed by a number of qualified and registered voters may be filed with the Township Clerk requesting submission of an ordinance or part of an ordinance to the electors for their approval, in accordance with § 402(2) of Michigan Public Act 110 of 2006, as amended.
(Ord., § 27.06, passed - -)
