The intent of this article is to outline the process for amending
the text of this chapter or the boundaries of any zoning district.
The Board of Trustees, on recommendation from the Planning Commission or on petition, may amend, supplement or change the district boundaries or the regulations established herein pursuant to the Michigan Zoning Enabling Act (Public Act 110 of 2006) and Article
43, Amendments. Text amendments may be initiated by any governmental body or any interested person or organization. An amendment to the Zoning Map may be initiated by any governmental body or freehold interest in the subject property, a possessor interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an exclusive possessory interest entitled to exclusive possession or which is specifically enforceable.
Except for requests initiated by the Township Board or Planning
Commission, an application is required for an amendment to the text
of this chapter or an amendment to change the zoning classification
of a particular property.
A. An application to amend the Zoning Map shall include the following
information:
(1)
A written description of how the requested rezoning satisfies
the requirements identified in this article.
(2)
An impact statement, pursuant to Article
32, Impact Assessment, for rezoning requests that represent a departure from the Township's Master Plan.
B. A request for a text amendment shall include a general description
of the proposed amendment.
In considering any application for an amendment to the Zoning
Map, the Planning Commission and Township Board shall consider the
following criteria in making their findings, recommendations and decision:
A. Consistency with the goals, policies and future land use map of the
Charter Township of Northville Master Plan, including any subarea
or corridor plans. If conditions have changed since the Master Plan
was adopted, the rezoning may be found to be consistent with recent
development trends in the area.
B. Compatibility of the site's physical, geological, hydrological and
other environmental features, with all uses permitted in the proposed
zoning district compared to uses permitted under current zoning.
C. Evidence that if the current zoning is enforced, the consequent restriction
will preclude the use of the property for any purpose to which it
is reasonably adapted and that the application of the current classification
amounts to a confiscation of the plaintiff's property.
D. Compatibility of all uses permitted in the proposed zoning district
with surrounding uses and zoning in terms of land suitability, impacts
on the environment, density, nature of use, traffic impacts, aesthetics,
infrastructure and potential influence on property values compared
to uses permitted under current zoning.
E. Capacity of Township utilities and services are sufficient to accommodate
all the uses permitted in the requested district without compromising
the health, safety and welfare of the Township.
F. Capacity of the street system to safely and efficiently accommodate the expected traffic generated by uses permitted in the requested zoning district. A rezoning traffic assessment shall be required for all proposed rezonings that would result in potential uses that may generate more peak-hour or daily trips than currently zoned uses would generate. An assessment is intended to identify a comparison between the peak-hour and daily trip generation characteristics of the existing and proposed zoning. A traffic impact study in accordance with the requirements of §
170-32.4 shall be provided if the proposed zoning district permits uses that could generate 100 or more directional trips during the peak hour than the majority of the uses that could be developed under the current zoning.
G. Apparent demand for the types of uses permitted in the requested
zoning district, in the Township and surrounding area, in relation
to the amount of land in the Township, and surrounding area, currently
zoned and available to accommodate the demand.
H. Whether the boundaries of the requested zoning district are sufficient to meet the dimensional regulations for the zoning district listed in the Article
18, Schedule of Regulations.
I. If a rezoning is appropriate, the requested zoning district shall
be more appropriate from the Township's perspective than another zoning
district.
J. If the applicant's request is for a specific use, rezoning shall
be found to be more appropriate than amendment to the list of permitted
or special land uses in the current zoning district.
K. The requested rezoning will not create an isolated and unplanned
spot zone.
L. The request has not previously been submitted within the past one
year, unless conditions have changed or new information has been provided.
M. Other criteria as determined by the Planning Commission or Township
Board which would protect the health and safety of the public, protect
public and private investment in the Township and enhance the overall
quality of life in the Charter Township of Northville.
In considering an application for a text amendment, the Planning
Commission and Township Board shall consider the following criteria
in making their findings, recommendations and decision:
A. The proposed amendment would correct an error in the chapter.
B. The proposed amendment would clarify the intent of the chapter.
C. Documentation has been provided from Township staff that indicates
problems and conflicts in implementation or interpretation of specific
sections of the chapter.
D. The proposed amendment would address changes to the state legislation.
E. The proposed amendment would address potential legal issues or administrative
problems with the chapter based on recent case law or opinions rendered
by the Attorney General of the State of Michigan.
F. The proposed amendment would promote compliance with changes in other
Township ordinances and county, state or federal regulations.
G. The proposed amendment is supported by the findings of reports, studies
or other documentation on functional requirements, contemporary building
practices, environmental requirements and similar technical items.
H. Other criteria as determined by the Planning Commission or Township
Board which would protect the health and safety of the public, protect
public and private investment in the Township, promote implementation
of the goals and policies of the Master Plan or other subarea or corridor
plans and enhance the overall quality of life in the Charter Township
of Northville.
Any amendment for the purpose of conforming to a decree of a
court of competent jurisdiction shall be adopted by the Township Board
and published, without necessity of a public hearing or referral to
any other board or agency.