Harrison City Zoning Code

The intent of this Article is to identify the procedure for initiation and review of amendments of the zoning district boundaries shown on the Official Zoning Map (rezoning) or the provisions of this Ordinance (text amendment). This Article ensures the implementation of the Harrison Master Plan and compliance with the requirements of the Michigan Zoning Enabling Act, P.A. 110 of 2006, as amended.

Text amendments may be initiated by the City Council, Planning Commission, Zoning Board of Appeals, and City staff.

a.

The City shall send the necessary notices per the requirements in Section 11.5.

b.

Approval Standards. The Planning Commission shall hold the public hearing on the proposed text amendment and provide a recommendation to the City Council. The standards for approval of the proposed text amendment must satisfy at least one (1) of the below requirements:

1.

The change is necessary to clarify a provision in this Ordinance.

2.

The change is necessary to correct a mistake or an oversight in this Ordinance.

3.

The change is necessary to implement a goal or policy in the City of Harrison Master Plan.

4.

The change is necessary to improve the administration of this Ordinance or to better serve the community.

c.

Adoption of the text amendments by the City shall comply with Article IV of the Michigan Zoning Enabling Act and other relevant sections of said Act.

a.

Initiation of rezoning or zoning map amendment may be made by the City Council, Planning Commission, property owner, or petition as stated in Section 420 of the Michigan Zoning Enabling Act.

1.

An amendment to this Ordinance or the Official Zoning Map also known as a rezoning, except those initiated by the City Council or Planning Commission, shall be initiated by submission of a completed application of a form supplied by the City, including an application fee, which shall be established from time to time by resolution of City Council.

b.

Application. In the case of an amendment to the Official Zoning Map, the following information shall accompany the application form:

1.

Completed application form and fee as established by resolution of City Council.

2.

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

3.

The name and address of the owner of the subject property(ies), and a statement of the applicant's interest in the subject parcel(s) if not the owner in fee simple title.

4.

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

5.

Conditional rezoning requests shall include the applicant's proposed offer of conditions.

6.

A written description of how the requested rezoning meets requirements in subsection D below.

c.

The City shall publish and mail the necessary notices as provided in Section 11.5.

d.

The Planning Commission shall hold the public hearing on the proposed text amendment and provide a recommendation to the City Council. The standards for approval of the proposed text amendment must satisfy at least one (1) of the below requirements:

1.

The requested amendment is in compliance with the City Master Plan, or

2.

A mistake in the Master Plan or change in general community conditions have occurred that are relevant to the request, or

3.

The property cannot be reasonably used as it is currently zoned and the proposed request represents the most suitable alternative zoning classification based on the Master Plan.

e.

Adoption of the text amendments by the City Councils shall comply with Article IV of the Michigan Zoning Enabling Act and other relevant sections of said Act.

f.

Resubmittals. Identical or basically similar rezoning requests regarding a subject property shall not [be] resubmitted to the City for review less than one (1) year from the decision date, unless conditions have changed or new information has been provided.

Application. Any offer to enter into a conditional rezoning agreement shall be submitted to Zoning Administrator with the requisite rezoning fee, completed application, concept plan, and written voluntary conditions associated with the proposal. It is the responsibility of the applicant or their consultant to draft the conditional rezoning agreement. Proposed conditional rezonings may only be initiated by the owner of the property and not by the City.

a.

Procedure. The proposed amendment shall follow all public hearing procedure and notice requirements as stated in Section 11.5.

b.

The Planning Commission shall conduct the required public hearing, and provide recommendations based upon if the requested rezonings is in compliance with the Master Plan and supports the stated purposes of the Zoning Ordinance.

c.

A conditional rezoning agreement shall not be used to allow anything that would not otherwise be permitted in the proposed new zoning district. Any proposed variations from district requirements such as density, permitted uses, or lot size, shall only be granted by the Zoning Board of Appeals (ZBA) pursuant to the variance standards contained in Section 10.2.d. Any agreement shall include a specific time period during which the terms of the agreement must be completed.

1.

Review and approval of all conditional rezonings shall follow the requirements listed in Section 405 and other relevant sections of the Michigan Zoning Enabling Act.

2.

After receipt of the recommendations of the Planning Commission, the City Councils shall undertake consideration of the proposed conditional rezoning. Any decision by the City Council which results in the conditional rezoning of property, or the amendment of the Ordinance shall be incorporated in an ordinance duly adopted and published by the City Council.

d.

If a conditional rezoning is approved by the City Council, an affidavit outlining the approved conditions, signed by the City Manager and the property owner, shall be recorded with the Register of Deeds and shall run with the land. If applicable, any conditions shall be listed on the site plans.

1.

Reversion of Zoning. The City may accept a time frame for the conditions to apply to the land, and the land would automatically revert per the terms of the rezoning agreement. If the conditions of the rezoning agreement are not satisfied within a specified timeframe within the agreement, the land shall automatically revert to its original zoning classifaction.