In accordance with the provisions of Public Act 184 of 1943, being M.C.L.A. §§ 125.321 through 125.333, as amended, the Township Board of the Charter Township of Clayton may from time to time amend, or change by ordinance, the number, shape or area of districts established on the zoning map or the regulations set forth in the ordinance; but no such amendment or change shall become effective unless the ordinance proposing the amendment or change shall first be submitted to the Township Planning Commission for approval, disapproval or suggestions.  The Township Planning Commission may also initiate an amendment to the zoning ordinance.

(Ord. § 30.00, passed 5-22-1997)

   Any person or persons desiring a change in the township zoning ordinance text or map shall make application to the Township Clerk.  In case of a zoning ordinance text amendment, a letter shall be submitted which shall contain the requested change and the reason for the change; in case of a desired zoning map change a petition shall be submitted which shall describe the property involved, the zone change desired and the reason for the change.  With either type of request there shall be an accompanying fee, based on a fee schedule to be established by the Township Board.

(Ord. § 30.01, passed 5-22-1997)

   (A)   The Township Clerk shall refer all township applications for a change in the zoning ordinance text or map to the Township Planning Commission.  The Planning Commission shall conduct a public hearing on the proposed amendment or change after publication twice in an official paper or a paper of general circulation in Clayton Township, the first not more than 30 days or less than 20 days prior to the hearing and the second not more than 8 days prior to the hearing and by certified U.S. mail to each public utility company and railroad company within the township that requires notification not less than 20 days prior to the hearing; and in case of a proposed zoning map change to all property owners and residents within 300 feet of the boundaries of the property proposed to be changed not less than 8 days prior to the hearing.  All public notices (including publication in the newspaper and letter) shall state the time and place of hearing, the proposed amendment, in case of an ordinance text change, and the description and proposed zone changes.  Affidavits of all notice mailings shall be filed with the Planning Commission, prior to the public hearing.

   (B)   The Planning Commission shall make a recommendation on approval of the request, including the reasons for their recommendation.  This recommendation and a summary of the comments submitted at the public hearing shall be included in a report that shall be transmitted to the Township Board before the Board makes a decision on the request.  The Township Board in cases that amend the official zoning map shall make its decision based on the criteria contained in § 152.199.

   (C)   Following the public hearing, the Township Planning Commission  shall transmit a copy of the proposed amendment to the Genesee County Metropolitan Planning Commission, which will be provided 30 days to comment on it.

(Ord. § 30.02, passed 5-22-1997)

   (A)   After receiving the recommendation and report of the Township Planning Commission, the Township Board may hold additional public hearings if it wishes.  If the Township Board holds a public hearing on the proposed zoning amendment it shall publish a notice not more than 15 or less than 5 days prior to the hearing.  If the Township Board proposes changes to the amendment as received from the Planning Commission, the Township Board shall refer the recommendation back to the Planning Commission along with a deadline for the Planning Commission’s comments to be sent back to the Township Board.

   (B)   If the Township Board receives a request by certified mail from a property owner regarding an amendment, it shall hold a hearing, with the Planning Commission in attendance, to discuss the property owner’s concerns.  Such a hearing shall not be a general public hearing.  The Township Board may limit public input to the property owner requesting the hearing.

   (C)   Adoption of the zoning ordinance amendment requires approval of a majority of the membership of the Township Board.

(Ord. § 30.03, passed 5-22-1997)

   (A)   In reviewing any petition for a zoning amendment the Planning Commission shall identify and evaluate all factors relevant to the petition.  For certain land uses considered to have a significant potential impact on the environment, traffic, infrastructure, demands for public services and the like.  The Planning Commission may require special studies by experienced professionals to evaluate, study or analyze the impacts of a project.  The Planning Commission shall report its findings in full, along with a recommendation for action on the petition to the Township Board. 

   (B)   The facts to be considered by the Planning Commission shall include, but shall not be limited to the following:

      (1)   Criteria for amendment of the official zoning map. In considering any petition for an amendment to the official zoning map, the Planning Commission and Township Board shall consider the following criteria in making its findings, recommendations and decision:

         (a)   Consistency with the goals, policies and future land use map of the Township Master Plan, including any subarea or corridor studies.  If conditions have changed since the Master Plan was adopted, the consistency with recent development trends in the area;

         (b)   Compatibility of the site’s physical, geological, hydrological and other environmental features with those of uses permitted in the proposed zoning district;

         (c)   Evidence the applicant cannot receive a reasonable return on investment through developing the property with 1 of the uses permitted under the current zoning;

         (d)   The compatibility of all the potential uses allowed 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;

         (e)   The capacity of township utilities and services sufficient to accommodate the uses permitted in the requested district without compromising the health, safety and welfare of the township;

         (f)   The capability of the street system efficiently to accommodate the expected traffic generated by uses permitted in the requested zoning district.  A traffic impact study shall be provided if the proposed rezoning district permits uses that could generate 100 or more directional trips during the peak hour, or at least 1,000 more trips per day than the majority of the uses that could be developed under current zoning;

         (g)   The apparent demand for the types of uses permitted in the requested zoning district considered to be more appropriate from the township’s perspective than another zoning district;

         (h)   The boundaries of the requested rezoning district are reasonable in relationship to surroundings and construction on the site will be able to meet the dimensional regulations for the zoning district listed in the Schedule of Regulations in § 152.100 of this chapter;

         (i)   If a rezoning is appropriate, the requested zoning district considered to be more appropriate from the township’s perspective than another zoning district;

         (j)   If the request is for a specific use, is rezoning the land more appropriate than amending the list of permitted or special conditions uses in the current zoning district to allow the use;

         (k)   The requested rezoning will not create an isolated and unplanned spot zone;

         (l)   The request has not previously been submitted within the past 1 year, unless conditions have changed or new information has been provided; and

         (m)   Other factors deemed appropriate by the Planning Commission and Township Board.

      (2)   Criteria for amendments to zoning ordinance text.  The Planning Commission and Township Board shall consider the following criteria for initiating amendments to the zoning ordinance text or responding to a petitioners’ request to amend the ordinance text.

         (a)   The proposed amendment would correct an error in the ordinance;

         (b)   The proposed amendment would clarify the intent of the ordinance;

         (c)   Documentation has been provided from township staff or the Zoning Board of Appeals indicating problems and conflicts in implementation or interpretation of specific sections of the ordinance;

         (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 zoning ordinance 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; and

         (h)   Other criteria as determined by the Planning Commission or Township Board which would protect the health and safety of the public, protect public investment in the Township, promote implementation of the goals and policies of the Master Plan and sub-area plans, and enhance the overall quality of life in the Charter Township of Clayton.

(Ord. § 30.04, passed 5-22-1997; Am. Ord. 398, passed 10-11-2001)

   Any person, partnership, firm or corporation who violates, disobeys, omits, neglects or refuses to comply or who resists the enforcement of any of the provisions of Title XV, Chapter 152, Zoning, shall be deemed responsible for a civil municipal infraction subject to the terms and penalties set forth in §§ 150.65 through 150.72

(Ord. § 28.00, passed 5-22-1997; Am. Ord. 453, passed 10-10-2013)