The regulations and provisions stated in the text of this Ordinance and the boundaries of zoning districts shown on the Zoning Districts Map of Delhi Charter Township may be amended, supplemented or changed by resolution of the township board, in accordance with Act 110 of the Public Acts of 2006, as may be amended.

(Ord. No. 39.131, 6-19-07)

Proposals for amendments, supplements or changes may be initiated by the township board on its own motion, by the planning commission or by petition of one (1) or more owners of the property to be affected by the proposed amendment.

(Ord. No. 39.131, 6-19-07)

9.3.1 Petition to township board. Each petition by one (1) or more owners for an amendment shall be a submitted application to the township clerk on a standard form provided. A fee, as established by the Charter Township Board, shall be paid at the time of application to cover costs of necessary advertising for public hearing, for the use of a standard amendment sign and investigation of the amendment request. No part of such fee shall be returnable to a petitioner. The township clerk shall transmit the application to the township board.

1)

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 Act 577 of the Public Act 2004, (MCL 125.286i) a written notice of intent to make such an offer shall be given to the director of community development.

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)

Unless waived 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 9.3.3 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.

9.3.2 Referral to planning commission. The township board shall refer every proposed amendment, supplement or change to the planning commission for recommended action.

9.3.3 Planning commission recommendation. The planning commission shall consider each proposal for amendment in terms of its own judgment on particular factors related to the individual proposal and in terms of the likely effect of such proposal upon the Comprehensive Development Plan of Delhi Charter Township. The planning commission may recommend any additions or modifications to the original amendment proposal.

9.3.4 Public hearing. The planning commission shall conduct a public hearing on any request for an amendment to the Zoning Ordinance or zoning district map and shall provide notice to the owners of property that is the subject of the request. Notice shall also be given to all persons to whom real property is assessed within three hundred (300) feet of the property that is the subject of the request, and to the occupants of all structures within three hundred (300) feet of the subject property, regardless of whether such occupants are located in the township. Notification need not be given to more than one (1) occupant of a structure, except that if a structure contains more than one (1) dwelling unit or spatial area, owned or leased by different persons, one (1) occupant of each unit or spatial area shall be given notice. If a single structure contains more than four (4) dwelling units or other distinct 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.

Notice is considered to be given when personally delivered or when deposited during normal business hours for delivery with the United States Postal Service or other public or private delivery service, and shall be given not less than fifteen (15) days before the date the request will be considered. If the name of the occupant is not known, the term "occupant" may be used for the intended recipient of the notice.

The notice must describe the nature of the request, state when and where the request will be considered, indicate when and where comments will be received concerning the request, indicate the property that is the subject of the request, and, for a request involving ten (10) or fewer adjacent properties, the notice shall include a listing of all existing street addresses within the property.

9.3.5 Action by township board. Immediately after reaching a decision, the planning commission shall transmit its recommendation and a summary of comments received at the public hearing to the township board. The township board may hold an additional hearing or hearings if it considers same to be necessary and, if so, shall publish notice of the hearing in a newspaper of general circulation in the township not less than fifteen (15) days before the date of the hearing. The township shall grant to an interested property owner who request a hearing by certified mail, addressed to the clerk of the township. Notice is considered to be given when personally delivered or when deposited during normal business hours for delivery with the United States Postal Service or other public or private delivery service at least fifteen (15) days before the date the hearing will be held. The publication and notice shall contain the same information as required by section 9.3.4 of this article.

If it so desires, the township board may refer any proposed amendments to the planning commission for recommendation and comment within a time specified by the township board.

9.3.6 Resubmittal. No application for a rezoning which has been denied by the township board shall be resubmitted for a period of one (1) year from the date of the last denial, except on grounds of newly discovered evidence or proof of changed conditions found upon inspection by the township board to be valid.

(Ord. No. 39.86, § 1, 8-17-99; Ord. No. 39.92, § 4, 2-1-00; Ord. No. 39.115, § I, 2-7-06; Ord. No. 39.131, 6-19-07; Ord. No. 39.152, §§ V, VI, 5-31-09)