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Dorr Township City Zoning Code

CHAPTER XIX

300.901 - Initiation of amendments.

Sec. 19.01. Amendments to this Ordinance may be initiated by the Township Board, the Planning Commission, the Board of Appeals or by any interested resident or property owner by petition to the Township Board.

300.902 - Amendment petition procedure.

Sec. 19.02. All petitions for amendment to this Ordinance shall be in writing, signed, and filed with the Township Clerk for presentation to the Township Board. Such petitions shall include the following:

(a)

The petitioner's name, address, and interest in the petition and, if applicable, the name, address, and interest of every person having a legal or equitable interest in any land which is to be rezoned;

(b)

The nature and effect of the proposed amendment;

(c)

If the proposed amendment would require a change in the Zoning Map, a map showing the land which would be affected by the proposed amendment, a legal description of such land, the present zoning district of the land, the zoning district of all abutting lands, and all public and private right-of-way and easements bounding and intersecting the land to be rezoned;

(d)

The alleged error, if any, in the Ordinance which would be corrected by the proposed amendment, with a detailed explanation of such alleged error and detailed reason why the proposed amendment will correct the same;

(e)

The changed or changing conditions in the area or in the Township that make the proposed amendment reasonably necessary to the promotion of the public health, safety, and general welfare;

(f)

Other circumstances, factors, and reasons which the petitioner offers in support of the proposed amendment.

300.903 - Amendment procedure.

Sec. 19.03. After initiation, amendments to this Ordinance shall be considered as follows:

(a)

Each proposed Zoning Ordinance amendment or supplement shall be referred to the Planning Commission for its consideration and a recommendation to the Township Board in accordance with the requirements of Act 110 of the Public Acts of 2006 as amended.

All applications for development approval for which a public hearing is required by this Ordinance shall comply with the Michigan Zoning Enabling Act, PA 110 of 2006 as amended and the following provisions of this Section with regard to public notification.

(1)

Responsibility for Public Notice: The Clerk or their agent shall be responsible for preparing the content of the notice, having it published in a newspaper of general circulation in Dorr Township and mailed or delivered as provided in this Section.

(2)

Notice Requirements: Notice of a public hearing for a rezoning, special land use, text amendment, planned unit development, variance, appeal, or ordinance interpretation shall be given not less than 15 days before the date of the public hearing. The notice shall be given as follows:

a.

Newspaper Notice: The notice shall be published in a newspaper that circulates in Dorr Township.

b.

Mail and Personal Notice:

1.

The notice for a hearing for a request for an Ordinance interpretation which does not apply to a specific piece of property shall be sent to the person requesting the interpretation.

2.

For an Ordinance text amendment or an Ordinance interpretation which applies to a specific property, or any other public hearing which applies to a specific property, notice shall be sent by first class mail or personal delivery to:

a)

The owner of property for which approval is being considered, and the applicant, if different from the owner(s) of the property.

b)

Except for rezoning requests that are proposed for 11 or more adjacent parcels, the notice shall be sent by first class mail or personal delivery to all persons to whom property is assessed within 300 feet of the boundary of the property subject to the request and to the occupants of all structures within 300 feet of the property, regardless of whether the property or occupant is located within the boundaries of Dorr Township.

If the name of the occupant is not known, the term "occupant" may be used in making notification. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, 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. In structures containing four or fewer dwelling units, only one occupant of each unit must be given notice for a public hearing.

c)

All neighborhood organizations, public utility companies, airports, railroads, and other persons, which have requested to receive notice.

(3)

Record of Mailing: The Clerk shall prepare an affidavit of mailing which shall include those to whom the notice was mailed and the date of mailing.

(4)

Content of Notice: The public notice shall:

a.

Describe nature of request: Identify whether the request is for a rezoning, text amendment, special land use, planned unit development, variance, appeal, ordinance interpretation or other purpose.

b.

Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the subject property. 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, such as a tax parcel identification number, identifying the nearest cross street, or including a map showing the location of the property. No street addresses must be listed when 11 or more adjacent properties are proposed for rezoning, or when the request is for an ordinance interpretation not involving a specific property.

c.

Indicate the date, time and place of the public hearing(s).

d.

Include a statement describing when and where written comments will be received concerning the request and a statement that the public may appear at the public hearing in person or by counsel.

(5)

Registration to Receive Notice by Mail: Any public utility company, telecommunication service provider, each railroad operating within the district or zone affected, and the airport manager of each airport may register with the clerk to receive written notice of all notices for public hearings.

(6)

After receiving such recommendation the Township Board shall consider the proposed amendment. The Township Board may hold a public hearing if the Board considers it necessary. Upon request of any property owner by certified mail to Clerk the Board shall hold a public hearing. Notice of a hearing held by the Township Board shall be made in accordance with the requirements of Section 19.03 herein.

(7)

The Board may refer any proposed amendments back to the Planning Commission for consideration and comment within the time period specified by the Board. Following this the Board shall vote on the adoption of the Zoning Ordinance request with or without amendments as proposed by the Planning Commission.

(Ord. of 1-15-2009)