The Village Council may amend the Village Zoning Code text or Zoning Map, pursuant to the authority and procedures in Act 110 of the Public Acts of 2006, as amended, provided, however, that no such amendment shall take effective until it has been reviewed and approved in accordance with this chapter. Upon filing an application to amend the Zoning Code text or Zoning Map, the applicant shall pay the fee specified in the Schedule of Fees adopted by the Village Council, in order to cover the costs of publication, review, and other miscellaneous expenses.

(Ord. 99-76. Passed 7-12-99; Ord. 2006-03. Passed 11-13-06; Ord. 2013-02. Passed 5-13-13.)

   Proposals submitted by applicants for zoning text or Zoning Map amendments shall be placed on the Planning Commission agenda for review and to make a recommendation to Village Council. The Planning Commission shall consider the following in its evaluation of each proposal:

   (a)   Master Plan.

      (1)   The Planning Commission shall determine whether the proposed amendment is consistent with the intent of the Master Plan as expressed in the Vision statement.

      (2)   The Planning Commission shall determine whether the proposed amendment is consistent with the policies, goals, and objectives in the Master Plan.

      (3)   With respect to Zoning Map amendments, the Planning Commission shall determine whether the proposed rezoning is consistent with the Future Land Use Map.

   (b)   Planning and Zoning Legislation.

      (1)   The Planning Commission shall determine whether the proposed amendment is consistent with planning and zoning legislation, particularly the Michigan Planning Enabling Act (Act 33 of the Public Acts of 2008, as amended), and the Michigan Zoning Enabling Act (Act 110 of the Public Acts of 2006, as amended). Accordingly, where appropriate, the amendment shall:

         A.   Address the needs of the state’s citizens for food, fiber, energy, and other natural resources, places of residence, recreation, industry, trade, service arid other uses of land;

         B.   Ensure that use of the land is situated in appropriate locations and relationships;

         C.   Limit the inappropriate overcrowding of land and congestion of population, transportation systems, sewage and other public facilities;

         D.   Facilitate adequate and efficient provision for transportation system, sewage disposal, water, energy, education, recreation, and other public service and facility requirements; and

         E.   Promote public health, safety and welfare.

      (2)   Furthermore, a zoning amendment shall be evaluated with consideration of the character of the district(s) affected, its peculiar suitability for particular uses, the conservation of property values and natural resources, and the general and appropriate trend and character of land, building, and population development.

(Ord. 99-76. Passed 7-12-99; Ord. 2013-02. Passed 5-13-13.)

   Before submitting its recommendation to Village Council for a proposed zoning text or Zoning Map amendment, the Planning Commission shall hold at least one public hearing. Notice of the time and place of the public hearing shall be given in the manner described in Section 1242.08, except that the notice shall also be posted at the Village Office and the Franklin Public Library.

(Ord. 99-76. Passed 7-12-99; Ord. 2006-03. Passed 11-13-06; Ord. 2013-02. Passed 5-13-13.)

   Following the public hearing, the Planning Commission shall transmit a summary of the comments received at the hearing, the proposed amendments, and its recommendations to the Village Council. A motion to recommend approval or denial shall require a majority vote of the members of the Planning Commission.

(Ord. 99-76. Passed 7-12-99; Ord. 2013-02. Passed 5-13-13.)

   Upon receiving a recommendation from the Planning Commission, the Village Council shall consider whether the proposed amendment should be approved or denied. Prior to making its decision, the Village Council may conduct a public hearing if it considers it necessary. Notice of the public hearing shall be given in the same manner as described in Section 1246.06.

   In the course of its deliberations, the Village Council may decide to refer the proposed amendment back to the Planning Commission for further review and recommendation. In the event of such a referral, the Village Council shall specify to the Planning Commission the additional evaluation or recommendation(s) it requires. In the event of such a referral, the Planning Commission shall not hold any public hearings.

   Upon completion of its deliberations, the Village Council shall consider and vote upon the proposed amendment. The amendment shall be approved by a majority vote of the members of the Village Council.

(Ord. 99-76. Passed 7-12-99; Ord. 2006-03. Passed 11-13-06; Ord. 2013-02. Passed 5-13-13.)

   Upon presentation of a protest petition meeting the requirements of this section, a proposed amendment to the Zoning Code that is the object of the petition shall require a two-thirds vote of Village Council. The protest petition must be presented to the Village Council prior to final action on the proposed amendment. The petition shall be signed by one of the following:

   (a)   The owners of at least 20% of the area of land included within the Zoning Map amendment;

   (b)   The owners of at least 20% of land within 100 feet from any point on the boundary of the parcel(s) included in the Zoning Map amendment.

   For purposes of this section, publicly owned land shall be excluded in calculating the 20% land area requirement.

(Ord. 99-76. Passed 7-12-99; Ord. 2013-02. Passed 5-13-13.)