[1]
State law reference: Amendments, MCL 125.284, 125.279 et seq.
[Code 1974, § 81-3.1(A)]
The Township finds that it may be necessary to amend the text
of this chapter or the boundaries of the official Township Zoning
Map from time to time. The Township Board may, following receipt of
a recommendation from the Planning Commission, adopt, modify, or deny
an ordinance which amends, supplements, or repeals the text of this
chapter or the boundaries of the official Township Zoning Map in accordance
with the following procedures.
[Code 1974, § 81-3.1(B); Ord. No. 2007-12, 10-28-2007]
Amendments or supplements to the text of this chapter may only be initiated by the Township Board or the Planning Commission. A resident or property owner of the Township may propose that an amendment or supplement to this chapter be initiated by either the Planning Commission or Township Board. The hearing and notice requirements set forth in Subsection 86-94(2) shall apply.
[Code 1974, § 81-3.1(C); Ord. No. 2003-07, 5-20-2003; Ord. No. 2007-12, 10-28-2007]
Amendment to the official Township Zoning Map (rezonings) may only be initiated in the following manner. The hearing and notice requirements set forth in § 86-94 shall apply:
(1)
The Township Board or the Planning Commission may initiate an amendment
to the official Township Zoning Map.
(2)
A property owner may initiate an amendment to the official Township
Zoning Map by application. The application shall be considered complete
when all of the following information has been received by the Director
of Community Planning and Development:
a.
A completed rezoning application form, which forms shall be available
in the Department of Community Planning and Development.
b.
A nonrefundable fee in the amount established in the schedule of
fees as adopted by the Township Board.
c.
A legal description of the subject property.
d.
Evidence of fee and/or other ownership of the subject property.
e.
A written statement with supporting evidence attached which demonstrates
(1) any alleged error in the boundaries of the Zoning Map or (2) changing
conditions which are alleged to warrant an amendment to the Zoning
Map or (3) the reasons for the requested amendment to the Zoning Map
if neither (1) or (2) apply.
f.
A rezoning traffic study prepared by a qualified traffic engineer,
based in whole or in part, on the most current edition of the handbook
titled Evaluating Traffic Impact Studies: A Recommended Practice for
Michigan Communities, published by the state department of transportation,
for all of the following:
1.
Rezonings when the proposed district would permit uses that could
generate more than 100 additional directional trips during the peak
hour than the principal uses permitted under the current zoning.
2.
Rezonings of land having direct access to a principal or minor arterial
street, unless the uses in the proposed zoning district would generate
fewer peak hour trips than uses in the existing zoning district.
A threshold table converting peak hour directional trips to
specific land uses shall be available from the Department of Community
Planning and Development. The threshold conversions shall be based
on the current Trip Generation Manual, published by the Institute
of Transportation Engineers (ITE), and updated as needed.
Information pertaining to the contents of the rezoning traffic
study shall be available in the Department of Community Planning and
Development.
g.
Other information specified by the Director of Community Planning
and Development which is deemed necessary to evaluate the application.
(3)
An owner of land may voluntarily offer in writing, and the Township
may approve, certain use and development of the land as a condition
to a rezoning of the land or an amendment to a Zoning Map.
a.
In approving the conditions the Township may establish a time period
during which the conditions apply to the land. Except for an extension,
if the conditions are not satisfied within the time specified, the
land shall revert to its former zoning classification.
b.
The local government shall not add to or alter the conditions during
the specified time period.
c.
The specified time period may be extended upon the application of
the landowner and approval of the Township.
d.
The Township shall not require a landowner to offer conditions as
a requirement for rezoning. The lack of an offer shall not otherwise
affect a landowner's rights.
(4)
No application for a rezoning which has been denied wholly or in
part by the Township Board shall be resubmitted until the expiration
of one year or more from the date of such denial, except on grounds
of newly discovered evidence or proof of changed circumstances found
by the Director of Community Planning and Development, to be sufficient
to justify consideration.
[Code 1974, § 81-3.1(D); Ord. No. 2007-12, 10-28-2007]
Upon initiation of a zoning ordinance amendment or a determination
that the application for a Zoning Map amendment is complete, the Director
of Community Planning and Development shall initiate the review process
below:
(1)
Notice of hearing on a proposed change to the official Township Zoning Map. A notice shall comply with the provisions outlined in Subsection 86-65(b) of the Code of Ordinances. The applicant shall post a notice of the public hearing on the subject site per the requirements of Subsection 86-65(b)(5).
(2)
Notice of hearing on the proposed change to the zoning ordinance.
A notice shall be published in at least one newspaper of general circulation
in the Township not less than 15 days prior to the date of the hearing.
The notice shall include the date, time, place, subject of the hearing,
and the place and time the proposed amendment may be examined.
(3)
Conduct of public hearing. The Planning Commission shall hold a public
hearing on the proposed text or map amendment.
a.
Any person may speak at the public hearing or submit evidence, either
individually or as a representative of a person or an organization.
b.
The Planning Commission may continue the public hearing to a fixed
time, date, and place by so announcing on the record at the hearing.
Additional notices of a continuation of the public hearing shall not
be required unless the hearing is adjourned for more than 36 hours.
If the hearing has been adjourned for over 36 hours, notice shall
be provided in the same manner as the original hearing.
(4)
Planning Commission action. The Planning Commission's recommendation
on the map or text amendment shall be transmitted to the Township
Board along with the approved minutes of the public hearing and the
compiled record.
(5)
Township Board action.
a.
Following review of the Planning Commission's recommendation and
record, the Township Board may adopt the proposed amendment in accordance
with subsection (6) of this section.
b.
Prior to making a decision on a proposed text or map amendment, the
Township Board may take one or more of the following actions:
1.
Hold a public hearing. If the Township Board decides to hold a public hearing, notice of the public hearing shall be given in the same manner as outlined in Subsection 86-65(b).
2.
The Township Board may refer the proposed text or map amendment to
the Planning Commission for consideration and comment within a time
specified by the Township Board.
3.
The Township Board shall grant a hearing on the proposed text or map amendment to a property owner who by certified mail addressed to the Township Clerk requests a hearing. A representative of the Planning Commission shall be requested to attend the hearing held by the Township Board. Notice of the public hearing shall be given in the same manner as outlined in Subsection 86-65(b).
4.
After reviewing the comments from the Planning Commission, and after
a public hearing allowed under this section, the Township Board shall
consider and vote upon the adoption of the text or map amendment with
or without changes.
5.
The Township Board shall approve the proposed text or map amendment
by a majority vote of its members.
(6)
Adoption of ordinance amendment. Zoning ordinance text and map amendments.
A proposed map or text amendment shall not be adopted by the Township
Board at the same meeting at which it is introduced. The following
procedures shall be followed prior to the adoption of an amendment
to this chapter:
a.
Publication of ordinance as introduced. The Township Clerk shall
cause the proposed amendment to be published in a newspaper of general
circulation within the Township prior to the meeting at which the
proposed amendment is to be considered for final adoption. The publication
shall include the text of the proposed amendment in the form in which
it is introduced.
b.
Publication of adopted amendment. Following final adoption of the
amendment by the Township Board, the Township Clerk shall cause the
amendment to be published in a newspaper of general circulation within
the Township within 15 days after adoption. The publication shall
include:
c.
Effective date of amendment. The effective date of the amendment
shall be seven days from the date of publication of the adopted amendment
or upon such later date as may be required under § 402 of
the Michigan Zoning Enabling Act (MCL § 125.3402) if a notice
of intent to file a petition of a referendum was received by the Township.
|
State law reference: Required hearings and notice
thereof, MCL 125.279 et seq.
|
[Code 1974, § 81-3.1(E)]
No changes shall be made to the official Township Zoning Map
except by formal adoption by the Township Board in conformity with
this chapter. The Township Clerk shall cause ordinance changes pursuant
to amendment to be entered on the official Township Zoning Map.
[Code 1974, § 81-3.1(F)]
The official Township Zoning Map shall be located at the Township
municipal building and shall constitute the final authority with regard
to the zoning of all land in the Township.
