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Farmington City Zoning Code

ARTICLE 20

- AMENDMENT PROCEDURE

Sec. 35-241.- Initiation of Rezoning and Zoning Ordinance Text.

A.

The city council may, from time to time, amend, modify, supplement or revise the zoning district boundaries shown on the official zoning map (rezoning) or the provisions of this chapter.

B.

An amendment to the zoning district boundaries contained on the official zoning map (rezoning) may be initiated by the city council, the planning commission, the owner or owners of property or with permission of the owner which is the subject of the proposed amendment. Amendments to the text provisions of this chapter may be initiated by the city council, the planning commission or by petition of one (1) or more residents or property owners of the city.

C.

All proposed amendments to the official zoning map or the provisions of this chapter shall be referred to the planning commission for public hearing and recommendation to the city council, prior to consideration thereof by the city council.

(Ord. No. C-746-2010, § 1, 4-19-10)

Sec. 35-242. - Application Procedure.

A.

An amendment to the official zoning map (rezoning) or the text of this chapter, except those initiated by the city council or planning commission, shall be initiated by submission of a completed application on a form supplied by the city, including an application fee, which shall be established from time to time by resolution of the city council.

B.

In the case of an amendment to the official zoning map (rezoning), the following information shall accompany the application form:

1.

A legal description and street address of the subject property, together with a map identifying the subject property in relation to surrounding properties.

2.

The name, signature and address of the owner of the subject property, a statement of the applicant's interest in the subject property if not the owner in fee simple title, and proof of consent from the property owner.

3.

The existing and proposed zoning district designation of the subject property.

4.

A site analysis illustrating existing conditions on the site and adjacent properties; such as woodlands, wetlands, soil conditions, topography, drainage patterns, views, existing buildings, any sight distance limitations and relationship to other developed sites and access points in the vicinity.

5.

A conceptual plan demonstrating that the site could be developed with representative uses permitted in the requested zoning district meeting requirements for setbacks, building spacing, parking, loading and other site design factors.

6.

A written environmental assessment describing site features and anticipated impacts created by the host of uses permitted in the requested zoning districts.

7.

A traffic impact analysis shall be provided if any use permitted in the requested zoning district could generate one hundred (100) or more peak hour directional trips, or one thousand (1,000) or more vehicle trips per day; the traffic study should contrast the daily and peak hour trip generation rates for representative uses in the current and requested zoning district; the determination of representative uses shall be made by the planning commission with input from city staff and consultants.

8.

A written evaluation to support the request that addresses consistency with the City's Master Plan, demonstrates all uses in the requested zoning district will be compatible with the surrounding area and other similar factors.

C.

In the case of an amendment to the official zoning map (rezoning), the following are required:

1.

The site must be staked to clearly indicate the location of the requested amendment. Flagged stakes shall be placed at each parcel corner.

2.

A sign shall be posted on the property by the applicant indicating that the property is proposed to be rezoned. Such sign shall also indicate the date, time and location of the planning commission public hearing where the proposal will be reviewed.

D.

In the case of an amendment to the text of this chapter, other than an amendment to the official zoning map, a general description and indication of the purpose of the proposed amendment shall accompany the application form.

(Ord. No. C-746-2010, § 1, 4-19-10)

Sec. 35-243. - Rezoning and Zoning Ordinance Text Amendment Procedure.

A.

Upon initiation of a rezoning or zoning ordinance text amendment, a public hearing on the proposed amendment shall be scheduled before the planning commission. Notice of the hearing shall be given by one (1) publication in a newspaper of general circulation in the city, not less than fifteen (15) days before the date of the hearing, in accordance with the provisions of the Michigan Zoning Enabling Act.

B.

Following the public hearing, the planning commission shall identify and evaluate all factors relevant to the petition and shall report its findings and recommendation to the city council. Following receipt of the findings and recommendation of the planning commission, the city council shall consider the proposed amendment. In the case of an amendment to the text of this chapter, the city council may modify or revise the proposed amendment as recommended by the planning commission, prior to enactment.

C.

No petition for rezoning or zoning ordinance text amendment that has been denied by the city council shall be resubmitted for a period of one (1) year from the date of denial except on the grounds of new evidence or proof of changed conditions relating to all of the reasons noted for the denial found to be valid by the planning commission.

(Ord. No. C-746-2010, § 1, 4-19-10)

Sec. 35-244. - Amendments Required to Conform to Court Decree.

Any amendment for the purpose of conforming to a decree of a court of competent jurisdiction shall be adopted by the city council and published, without necessity of a public hearing or referral thereof to any other commission or agency.