Zoning regulations and the boundaries of land use zones may be amended, supplemented or changed in the manner prescribed in the Zoning Enabling Act, Act No. 110, Public Acts of Michigan for 2006, as amended,[1] and in accordance with the following:
A.
Any such amendment, supplement or change to the regulations of this chapter may be initiated by the City Commission, the Plan Commission, the Zoning Administrator, or by petition from the general public. Any such amendment, supplement or change to the boundaries of land use zones of the official Zoning Map may be initiated by the City Commission, the Plan Commission, the Zoning Administrator, or by petition from the owner or owners of the subject property or legal representative. In the case of applications initiated by petition, a filing fee as established by resolution of the City Commission shall be paid to the City Treasurer by the petitioner at the time when such petition is submitted. An application for an amendment to the regulations of this chapter or the official Zoning Map shall also be submitted to the Planning Department for processing. In all cases, a public hearing shall be conducted by the Plan Commission in accordance with § 770-13, Public hearings, of this chapter. Following the public hearing, the Plan Commission shall identify and evaluate all factors relevant to an amendment and shall report its findings and recommendation to the City Commission. The Plan Commission shall consider the criteria contained herein this article and the Master Plan in making its finding and recommendation. A summary of the comments submitted at the public hearing shall be transmitted with the Plan Commission's findings and recommendation.
B.
After receipt of the Plan Commission's findings and recommendation, the City Commission may adopt a proposed amendment, supplement or change with or without modifications, or refer same again to the Plan Commission for further study and report; provided, however, that if the City Commission proposes to adopt any such amendment with any modification enlarging its scope, then such amendment shall be referred again to the Plan Commission for further public hearing, study and report on such amendment as enlarging in scope, and final action thereon shall not be taken prior to the receipt of such report from the Plan Commission.
[1]
Editor's Note: See MCLA § 125.3101 et seq.
Applications to amend this chapter or the official Zoning Map shall be submitted to the Zoning Administrator on a form provided by the Planning Department and include all required fees. In the case of an amendment to regulations of this chapter, the exact language of the proposed amendment and a justification for its adoption shall accompany the application form. In the case of an amendment to the official Zoning Map, the following information shall accompany the application form:
A.
A legal description and street address of the subject property, together with a map or survey identifying the subject property in relation to surrounding properties.
B.
The name and address of the owner of the subject property, and a statement of the applicant's interest in the subject property if not the owner in fee simple title.
C.
The existing and proposed zone designations of the subject property.
D.
A written description of how the requested amendment meets the criteria stated in this article and the Master Plan.
E.
A traffic, environmental, or public service impact study if required by the Zoning Administrator, Plan Commission or City Commission.
F.
Additional information may be requested as deemed necessary by the Zoning Administrator, Plan Commission or City Commission.
The Zoning Administrator, pursuant to § 770-10, Duties, of this chapter, shall fix a time for a public hearing on each application to amend this chapter or the official Zoning Map. Notice of the public hearing shall be provided in accordance with Section 103 of the Zoning Enabling Act, Act 110 of 2006, as amended.[1]
[1]
Editor's Note: See MCLA § 125.3103 et seq.
In considering any application for an amendment to the official Zoning Map, the Plan Commission and City Commission shall consider the following criteria, among other factors they may deem appropriate, in making their findings, recommendations and decision:
A.
The requested zone should be consistent with the goals, policies and future land use map of the Master Plan, including any location-specific or corridor studies. If conditions have changed since the Master Plan was adopted, as determined by the Plan Commission or City Commission, the consistency with recent development trends in the site's area shall be considered.
B.
The site's physical, geological, hydrological and other environmental features should be compatible with the host of principal permitted and special land uses in the proposed zone.
C.
Evidence should document the applicant cannot receive a reasonable return on investment through developing the property with one or more of the principal permitted and special land uses under the current zoning.
D.
The potential uses allowed in the proposed zone should be compatible with surrounding uses and zoning in terms of land suitability, impacts on the environment, density, nature of use, traffic volumes, aesthetics, infrastructure, and potential influence on property values.
E.
The street system should be capable of safely and efficiently accommodating expected traffic volumes generated by potential uses in the requested zone.
F.
The capacity of public utilities and services should be sufficient to accommodate the potential uses in the requested zone without compromising the City's health, safety and welfare.
G.
There should be an apparent demand in the City for the types of potential uses in the requested zone in relation to the amount of land in the City currently zoned and available to accommodate the demand.
H.
The requested zone shall not create an isolated and unplanned spot zone.
I.
Other criteria as determined by the Plan Commission or City Commission which would protect the public health, safety and welfare, protect public and private investment in the City, promote implementation of the goals, objectives and policies of the Master Plan and any amendments thereto, and enhance the overall quality of life in the City.
In considering any application for an amendment to the regulations of this chapter, the Plan Commission and City Commission shall consider the following criteria in making its findings, recommendations and decision:
A.
The proposed amendment would correct an error or clarify the intent of this chapter.
B.
Documentation has been provided from the Zoning Administrator or Zoning Board of Appeals indicating problems and conflicts in implementation or interpretation of specific sections of this chapter.
C.
The proposed amendment would address potential legal issues or administrative problems with this chapter based on recent case law or opinions rendered by state or federal courts or attorneys general of competent jurisdiction.
D.
The proposed amendment would address and promote compliance with changes in other City ordinances and county, state or federal legislation and regulations.
E.
The proposed amendment is supported by the findings, reports, studies, or other documentation on functional requirements, contemporary building practices, environmental requirements and similar technical issues.
F.
Other criteria as determined by the Plan Commission or City Commission which would protect the public health, safety and welfare, protect public and private investment in the City, promote implementation of the goals, objectives and policies of the Master Plan and any amendments thereto, and enhance the overall quality of life in the City.
Following adoption of an amendment to the regulations of this chapter or the official Zoning Map by the City Commission, one notice of adoption shall be published in a newspaper of general circulation as provided by the City of Royal Oak Charter and in accordance with the Zoning Enabling Act, Act 110 of 2006, as amended.[1]
[1]
Editor's Note: See MCLA § 125.3101 et seq.
Upon presentation of a protest petition meeting the requirements of this section, an amendment to the official Zoning Map which is the object of the petition shall be passed only by a two-thirds vote of the City Commission. The protest petition shall be presented to the City Commission prior to final action on the amendment and shall be signed by one of the following:
A.
The owners of at least 20% of the area of land included in the proposed amendment. Publicly owned land shall be excluded in calculating the twenty-percent land area requirement.
B.
The owners of at least 20% of the area of land included within an area extending outward 100 feet from any point on the boundary of the land included in the proposed change. Publicly owned land shall be excluded in calculating the twenty-percent land area requirement.
