For the purpose of establishing and maintaining sound, stable and desirable development within the territorial limits of Bath Charter Township, this ordinance shall not be amended except to correct an error in the ordinance, or because of changed or changing conditions in a particular area in the township generally, to rezone an area, extend the boundary of an existing district, or to change the regulations and restrictions thereof.

Only the township board may amend this ordinance. Proposals for amendments or changes may be initiated by the township board on its own motion, by the planning commission, or by petition of one or more owners of property to be affected by the proposed amendment.

A.

Petitioner submits application and fee.

B.

Clerk transmits application to planning commission, sets hearing date, and publishes notices of hearing as prescribed in section 24.04, below.

C.

Planning commission holds hearing, and makes a decision, a summary of the comments received at the public hearing along with the decision are then forwarded to the township board.

D.

The township board either enacts or rejects proposed changes as an ordinance amendment or, if the township board considers amendments, changes, additions or departures advisable to the proposed ordinance provision, it shall refer the same to the planning commission for a report thereon within a time specified by the township board. After receiving the report, the township board shall grant a hearing on a proposed ordinance provision to a property owner who, by certified mail addressed to the clerk of the township board, requests a hearing, and the township board shall request the planning commission to attend the hearing. Notice of the hearing shall be given to the requesting interested property owner by personal delivery or by deposit during normal business hours with the United States Postal Service or other public or private delivery service at least 15 days prior to the date the request will be considered. Thereafter, at a regular or special meeting called for that purpose, the township board may adopt by a majority vote of its membership, pursuant to the Michigan Zoning Enabling Act, a zoning ordinance or amendments to the zoning ordinance, with or without amendments that had previously been considered by the planning commission, or at a hearing and shall thereafter cause the ordinance or amendment thereto to be published as required by law.

(Ord. No. 31.37, § 23, 4-19-2010)

The procedure for making amendments to this ordinance shall be in accordance with Act 110 of the Public Acts of 2006 (MCL 125.3101 et seq.), and as said statute may be amended from time to time.

A.

A petition, together with a completed and signed application and fees, shall be filed with the township clerk. The clerk shall review the application as to form and, when it is approved, transmit same to the township planning commission for review and report. The application must be received by the township clerk not less than 45 days prior to a regularly scheduled meeting of the township planning commission. The clerk shall, at the same time, establish a date for a public hearing before the planning commission relating to a petition for amendment to the zoning ordinance or to the zoning district map. The clerk shall publish a notice of the hearing in a newspaper of general circulation in the township not less than 15 days before the date of the hearing. The clerk shall also give notice of the public hearing to the owner of the property that is the subject of the request, and also to all persons to whom real property is assessed within 300 feet of the property that is the subject of the request, and to the occupants of all structures within 300 feet of the subject property, regardless of whether the property or structure is located in the zoning jurisdiction. Notification need not be given to more than one occupant of a structure, except that, if a structure contains more than one dwelling unit or spatial area owned or leased by different persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four dwelling units or spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure. An affidavit of service/publication shall be filed with the planning commission prior to the hearing. The notice shall be made at least 15 days prior to the hearing. Requirements of the written notice to property owners or occupants shall not apply to mere textual revisions to the zoning ordinance or comprehensive revisions to the zoning ordinance. Public hearing requirements shall also apply to amendments initiated by the township board or the township planning commission.

B.

The clerk shall also give notice of the hearing in the following manner:

(1)

By first class mail at least 15 days in advance of hearing to each electric, gas pipeline, public utility company, telecommunications provider and each railroad within the district or zone affected, and an airport manager that registers its name and mailing address with the clerk for purposes of receiving such notice.

(2)

A notice under this section shall do all of the following:

(a)

Describe the nature of the request;

(b)

Indicate specific property that is the subject of the request and, if the request is for ten or fewer adjacent parcels, include a listing of all existing street addresses within the property. The street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used;

(c)

State when and where the request will be considered;

(d)

Indicate when and where written comments will be received concerning the request.

(Ord. No. 31.37, § 24, 4-19-2010)

The petitioner shall submit a detailed description of the petition to the township clerk. When the petition involves a change in the zoning map, the petitioner shall submit the following information:

A.

A legal description of the property.

B.

A scaled map of the property, correlated with the legal description, and clearly showing the property's location.

C.

The name and address of the petitioner.

D.

The petitioner's interest in the property, and if the petitioner is not the owner, the name and address of the owner.

E.

Date of filing with the township clerk.

F.

Signature(s) of petitioner(s) and owner(s) certifying the accuracy of the required information.

G.

The desired change and reasons for such change.

H.

In the event the landowner or authorized entity acting on behalf of the landowner desires or intends to propose a particular land use or development as a condition to rezoning pursuant to PA 2004 No. 577 (MCL 125.286i), the owner shall:

(1)

Submit a written notice of intent to make such an offer to the zoning administrator.

(2)

The notice of intent required herein shall be in writing and shall be accompanied by a proposed covenant to run with the land regarding the proposed use or a proposed agreement setting forth the development conditions relating to said rezoning request.

(3)

Prior to final action by the township board, all proposals for conditional zoning shall be reviewed by the planning commission and addressed in the planning commission's recommendation on the underlying rezoning request as required by section 24.05A of this article. In the consideration of such a proposal, the planning commission and township board may request additional information and data as they may deem appropriate.

(Ord. No. 31.34 § 1, 11-21-2005; Ord. No. 31.37, § 24, 4-19-2010)

A.

In reviewing any petition for a zoning amendment, the planning commission shall identify and evaluate all factors relevant to the petition, and shall report its findings in full, along with its recommendations for disposition of the petition, to the township board, within 60 days of the filing date of the petition.

B.

The facts to be considered by the planning commission shall include, but not be limited to, the following:

(1)

Whether the requested zoning change is justified by a change in conditions since the original ordinance was adopted or by an error in the original ordinance.

(2)

The precedents, and the possible effects of such precedents, which might likely result from approval or denial of the petition.

(3)

The ability of the township or other government agencies to provide any services, facilities, and/or programs that might be required if the petition were approved.

(4)

Are there any significant and negative environmental impacts which would reasonably occur if the petitioned zoning change and resulting permitted structures were built; including but not limited to, surface water drainage problems, wastewater disposal problems, or the loss of locally valuable natural resources.

(5)

Effect of approval of the petition on adopted development policies of Bath Charter Township and other government units.

(6)

All findings of fact shall be made a part of the public records of the meetings of the planning commission and the township board. An amendment shall not be approved unless these and other identified facts be affirmatively resolved in terms of the general health, safety, welfare, comfort and convenience of the citizens of Bath Charter Township, or of other civil divisions where applicable.

The planning commission, at intervals of not less than three years, shall examine the provisions of this ordinance and shall submit a report to the township board recommending changes, if any, deemed desirable in the interests of public health, safety and welfare.