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, 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.
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.
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.
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.