ARTICLE XV

AMENDMENTS

 

SECTION 15.1. 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 184 of 1943, 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.

SECTION 15.2. ZONING BOARD REVIEW

A rezoning petition shall be placed on the agenda of the next regularly scheduled meeting of the Zoning Board. The Zoning Board shall review the petition for amendment in accordance with the procedures and public hearing and notice requirements set forth in Section 14 and other applicable sections of Michigan Public Act 184 of 1943, as amended.

Accordingly, the Zoning Board shall hold not less than one (1) public hearing, notice of which shall be given by two (2) publications in a newspaper of general circulation in the Township, the first to be printed not more than thirty (30) days nor less than twenty (20) days and the second not more than eight (8) days before the date of the hearing. Not less than twenty (20) days' notice of the time and place of the hearing shall be given to each electric, gas, pipeline and telephone public utility company, and to each railroad operating within the district or zone affected, that registers its name and mailing address with the Township. In addition, if an individual property or several adjacent properties are proposed for rezoning the Zoning Board shall give a notice of the proposed rezoning to the owner of the property in question, to all persons to whom any real property within 300 feet of the premises in question is assessed, and to the occupants of all single and 2-family dwellings within 300 feet. The notice shall be given not less than eight (8) days before the hearing, and shall state the time, place, date, and purpose of the hearing.

15.3. ACTION BY THE ZONING BOARD

Following the hearing on the proposed amendment, the Zoning Board 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.

15.4. REVIEW CONSIDERATIONS

The Zoning Board 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 Ordinance as stated in the Preamble, and in particular, will the proposed amendment promote the public health, safety and welfare?

SECTION 15.5. 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 a newspaper of general circulation in the Township within fifteen (15) days after adoption, in accordance with Section 11a of Michigan Public Act 184 of 1943, 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.