- AMENDMENTS AND SEVERABILITY
The city council may, after recommendation from the planning commission, amend, supplement or change the provisions of this ordinance or official zoning map. Such actions shall be consistent with the Michigan Zoning Enabling Act, P.A. 110 of 2008, as amended, and the following:
If any article, section, subsection, sentence, clause, phrase, or portion of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, the city intends said portion to be disregarded, reduced and/or revised so as to be recognized to the fullest extent possible by law. The city further states that it would have passed and adopted what remains of this ordinance following the removal, reduction or revision of any portion so found to be invalid or unconstitutional.
Amendments to the provisions of this ordinance may be initiated by the city council, planning commission, zoning administrator, building official or by petition from one or more residents or property owners of the city. An amendment to the official zoning map (rezoning) may be initiated by the city council, planning commission, zoning administrator, building official or by the titleholder for the property subject to the proposed amendment. No fee shall be charged for amendments initiated by the city council, planning commission, zoning administration, or building official.
An amendment to this ordinance (except those initiated by the city council, planning commission zoning administration or building official) shall be initiated by submission of a complete and accurate application to the city, along with the required fee and/or escrow deposit established by city council. In the case of an amendment to the official zoning map, the following information shall accompany the application and fee:
A.
A legal description and street address of the subject property, together with a survey and location map identifying the subject property in relation to surrounding properties.
B.
The name and address of the owner of the subject property, and a statement of the applicant's interest in the subject property, if not the owner in fee simple title.
C.
The existing and proposed zoning district designation of the subject property and surrounding properties.
D.
A written description of how the requested amendment meets the criteria stated in this section.
Proposed amendments to this ordinance or official zoning map shall be reviewed in accordance with the following:
A.
Completeness review. Upon receipt of an application to amend this ordinance, the zoning administrator shall review the application to confirm all required material has been submitted. The zoning administrator shall notify the applicant of any outstanding items.
B.
Technical review. Prior to planning commission consideration, the proposed amendment and application materials shall be distributed to appropriate city officials for review and comment. The zoning administrator may also submit the application materials to designated city consultants for review.
C.
Public hearing. A public hearing shall be held for all proposed amendments in accordance with the procedures in article 12.
D.
Planning commission consideration and recommendation. Subsequent to the hearing, the planning commission shall review the proposed amendment, together with any reports and recommendations from staff, consultants, other reviewing agencies, and any public comments. The planning commission shall identify and evaluate all relevant factors and shall report its findings and recommendation to the city council. In considering an amendment to the official zoning map (rezoning), the planning commission shall consider the following factors in making its findings and recommendations:
1.
Consistency with the master plan's goals, policies, and future land use map, including planned timing or sequence of development. If conditions have changed since the master plan was adopted, the consistency with recent development trends in the area shall be considered.
2.
Compatibility of all the potential uses allowed in the proposed zoning district(s) with the site's physical, geological, hydrological, and other environmental features.
3.
Compatibility of all the potential uses allowed in the proposed district(s) with surrounding uses and zoning in terms of suitability, intensity, traffic impacts, aesthetics, infrastructure, and potential influence on property values.
4.
Capacity of available utilities and public services to accommodate the uses permitted in the district(s) without compromising the health, safety, and welfare of city residents or burdening the city or Wayne County with unplanned capital improvement costs or other unplanned public expenses.
5.
Capability of the road system to safely and efficiently accommodate the expected traffic generated by uses permitted in the zoning district(s).
6.
The apparent demand for the types of uses permitted in the district(s) in relation to the amount of land currently zoned and available in the city and surrounding communities to accommodate the demand.
7.
The boundaries of the proposed district(s) in relationship to the surrounding area and the scale of future development on the site.
8.
The requested rezoning will not create an isolated or incompatible zone in the neighborhood.
9.
Other factors deemed appropriate by the planning commission and city council.
E.
City council action. The city clerk shall forward a copy of the proposed amendment and report and recommendation from the planning commission to the city council for consideration and final action.
1.
The city council may adopt or reject the proposed amendment, or may refer the amendment back to the planning commission for revision or further consideration. If the city council requests revisions to the proposed amendment, the amendment and requested revisions shall be referred back to the planning commission for further consideration.
2.
The city council may, at its discretion, hold additional public hearings on the proposed amendment following the procedures in article 12.
A notice of adoption of an approved amendment shall be published in a newspaper of general circulation in the city within fifteen (15) days of adoption. The amendment shall become effective eight (8) days after being published.
Whenever an application for an amendment to this ordinance has been rejected by the city council, a new application for the same amendment shall not be accepted by the city for a period of one year unless the zoning administrator or building official determines that one or more of the following conditions has been met:
A.
There is a substantial change in circumstances relevant to the issues or facts considered during review of the application.
B.
New or additional information is available that was not available at the time of the review.
C.
The new application is materially different from the prior application.
- AMENDMENTS AND SEVERABILITY
The city council may, after recommendation from the planning commission, amend, supplement or change the provisions of this ordinance or official zoning map. Such actions shall be consistent with the Michigan Zoning Enabling Act, P.A. 110 of 2008, as amended, and the following:
If any article, section, subsection, sentence, clause, phrase, or portion of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, the city intends said portion to be disregarded, reduced and/or revised so as to be recognized to the fullest extent possible by law. The city further states that it would have passed and adopted what remains of this ordinance following the removal, reduction or revision of any portion so found to be invalid or unconstitutional.
Amendments to the provisions of this ordinance may be initiated by the city council, planning commission, zoning administrator, building official or by petition from one or more residents or property owners of the city. An amendment to the official zoning map (rezoning) may be initiated by the city council, planning commission, zoning administrator, building official or by the titleholder for the property subject to the proposed amendment. No fee shall be charged for amendments initiated by the city council, planning commission, zoning administration, or building official.
An amendment to this ordinance (except those initiated by the city council, planning commission zoning administration or building official) shall be initiated by submission of a complete and accurate application to the city, along with the required fee and/or escrow deposit established by city council. In the case of an amendment to the official zoning map, the following information shall accompany the application and fee:
A.
A legal description and street address of the subject property, together with a survey and location map identifying the subject property in relation to surrounding properties.
B.
The name and address of the owner of the subject property, and a statement of the applicant's interest in the subject property, if not the owner in fee simple title.
C.
The existing and proposed zoning district designation of the subject property and surrounding properties.
D.
A written description of how the requested amendment meets the criteria stated in this section.
Proposed amendments to this ordinance or official zoning map shall be reviewed in accordance with the following:
A.
Completeness review. Upon receipt of an application to amend this ordinance, the zoning administrator shall review the application to confirm all required material has been submitted. The zoning administrator shall notify the applicant of any outstanding items.
B.
Technical review. Prior to planning commission consideration, the proposed amendment and application materials shall be distributed to appropriate city officials for review and comment. The zoning administrator may also submit the application materials to designated city consultants for review.
C.
Public hearing. A public hearing shall be held for all proposed amendments in accordance with the procedures in article 12.
D.
Planning commission consideration and recommendation. Subsequent to the hearing, the planning commission shall review the proposed amendment, together with any reports and recommendations from staff, consultants, other reviewing agencies, and any public comments. The planning commission shall identify and evaluate all relevant factors and shall report its findings and recommendation to the city council. In considering an amendment to the official zoning map (rezoning), the planning commission shall consider the following factors in making its findings and recommendations:
1.
Consistency with the master plan's goals, policies, and future land use map, including planned timing or sequence of development. If conditions have changed since the master plan was adopted, the consistency with recent development trends in the area shall be considered.
2.
Compatibility of all the potential uses allowed in the proposed zoning district(s) with the site's physical, geological, hydrological, and other environmental features.
3.
Compatibility of all the potential uses allowed in the proposed district(s) with surrounding uses and zoning in terms of suitability, intensity, traffic impacts, aesthetics, infrastructure, and potential influence on property values.
4.
Capacity of available utilities and public services to accommodate the uses permitted in the district(s) without compromising the health, safety, and welfare of city residents or burdening the city or Wayne County with unplanned capital improvement costs or other unplanned public expenses.
5.
Capability of the road system to safely and efficiently accommodate the expected traffic generated by uses permitted in the zoning district(s).
6.
The apparent demand for the types of uses permitted in the district(s) in relation to the amount of land currently zoned and available in the city and surrounding communities to accommodate the demand.
7.
The boundaries of the proposed district(s) in relationship to the surrounding area and the scale of future development on the site.
8.
The requested rezoning will not create an isolated or incompatible zone in the neighborhood.
9.
Other factors deemed appropriate by the planning commission and city council.
E.
City council action. The city clerk shall forward a copy of the proposed amendment and report and recommendation from the planning commission to the city council for consideration and final action.
1.
The city council may adopt or reject the proposed amendment, or may refer the amendment back to the planning commission for revision or further consideration. If the city council requests revisions to the proposed amendment, the amendment and requested revisions shall be referred back to the planning commission for further consideration.
2.
The city council may, at its discretion, hold additional public hearings on the proposed amendment following the procedures in article 12.
A notice of adoption of an approved amendment shall be published in a newspaper of general circulation in the city within fifteen (15) days of adoption. The amendment shall become effective eight (8) days after being published.
Whenever an application for an amendment to this ordinance has been rejected by the city council, a new application for the same amendment shall not be accepted by the city for a period of one year unless the zoning administrator or building official determines that one or more of the following conditions has been met:
A.
There is a substantial change in circumstances relevant to the issues or facts considered during review of the application.
B.
New or additional information is available that was not available at the time of the review.
C.
The new application is materially different from the prior application.