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Holland Township City Zoning Code

ARTICLE 21

- AMENDMENTS

Sec. 21.1 - Intent and purpose.

The township board may from time to time, on recommendation from the planning commission, amend, modify, supplement, or revise the area boundaries or the provisions and regulations in this ordinance whenever the public necessity and convenience and the general welfare require such amendment.

Sec. 21.2 - Initiation.

Amendments may be initiated by the township board, the planning commission, township staff or by petition of a township property owner or owner-authorized applicant.

Sec. 21.3 - Application procedures.

A.

Process and notice. Amendments shall be processed as provided for in the Michigan Zoning Enabling Act, including notification to adjoining property owners and occupants, where applicable, and a public hearing. The notices for all public hearings before the planning commission concerning amendments shall comply with all of the requirements set forth in section 18.4.

B.

Application and fee. If an amendment is requested by a person, the request shall be filed on a form provided for that purpose and accompanied by an application fee, as set by the township board.

C.

Petition procedure. All petitions for amendment to this ordinance shall in writing, and shall be signed and filed with the zoning administrator for presentation to the planning commission. Such petitions shall include the following:

1.

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

2.

The nature and effect of the proposed amendment;

3.

If the proposed amendment would require a change in the zoning map, a fully-dimensioned 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 rights-of-way and easements bounding and intersecting the land to be rezoned;

4.

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

5.

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; and

6.

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

Sec. 21.4 - Criteria for amendments.

A.

Criteria for map amendments. The following guidelines shall be used by the planning commission, and may be used by the township board when considering amendments to the zoning map:

1.

Whether or not the proposed rezoning is consistent with the goals, policies and future land use map of the comprehensive plan; or, if conditions have changed significantly since the comprehensive plan was adopted, whether the map change would be consistent with recent development trends in the area.

2.

Whether the proposed district and the uses allowed are compatible with the physical, geological, hydrological and other environmental features of the site.

3.

The potential uses allowed in the proposed zoning district shall also be compatible with surrounding uses in terms of land suitability, impacts on the community, density, potential influence on property values, and traffic impacts.

4.

Whether, if rezoned, the site is capable of accommodating the uses allowed, considering existing or planned infrastructure including streets, sanitary sewers, storm sewer, water, sidewalks, and street lighting.

5.

Other factors deemed appropriate by the planning commission or township board.

B.

Criteria for text amendments. The following guidelines shall be used by the planning commission, and may be used by the township board when considering amendments to the zoning map:

1.

The proposed text amendment would clarify the intent of the ordinance.

2.

The proposed text amendment would correct an error or oversight in the ordinance.

3.

The proposed text amendment would address changes to the state legislation, recent case law or opinions from the Attorney General of the State of Michigan.

4.

The proposed text amendment would promote compliance with changes in other county, state or federal regulations.

5.

In the event the amendment will add a use to a district, that use shall be fully consistent with the intent of the district and the character of the range of uses provided for within the district.

6.

The amendment will not create incompatible land uses within a zoning district, or between adjacent districts.

7.

The proposed text amendment is supported by the findings of reports, studies, or other documentation on functional requirements, contemporary building practices, environmental requirements and similar technical items.

8.

As applicable, the proposed change shall be consistent with the township's ability to provide adequate public facilities and services.

9.

The proposed change shall be consistent with the township's desire to protect the public health, safety, and welfare of the community.

Sec. 21.5 - Conditional rezoning.

It is recognized that there are certain instances where it would be in the best interests of the township, as well as advantageous to property owners seeking a change in zoning boundaries, if certain conditions could be proposed by property owners as part of a request for a rezoning. It is the intent of this section to recognize the provisions of Section 405 of the Michigan Zoning Enabling Act (MCL 125.3405) by which an owner seeking a rezoning may voluntarily propose conditions regarding the use and/or development of land as part of the rezoning request.