Lawrence Township City Zoning Code
ARTICLE XII
Amendments
§ 1-12.1 Purpose and intent.
The purpose of this article is to provide for the amendment of this chapter when provisions become obsolete, when identifiable conditions change in relation to the provisions of ordinance, when errors in this chapter are discovered, when changes are made in the Township's Comprehensive Development Plan, or when the Township Board of Trustees has determined a valid public interest exists.
§ 1-12.2 Amendment initiation.
An amendment to this chapter may be initiated by resolution of the Township Board of Trustees, by resolution of the Planning Commission, or by petition of one or more persons having interest in property located within the jurisdiction of this chapter.
§ 1-12.3 Filing fee.
The Township Board of Trustees shall establish by resolution a fee to be paid in full at the time of receipt of any application to amend this chapter. Said fee shall be collected by the Township Treasurer and no part shall be refundable to the applicant unless approved by the Township Board. No fee shall be charged when the applicant is a governmental body.
§ 1-12.4 Amendment procedures.
A.
The petitioner shall cause to be delivered to the Planning Commission a completed application, not less than 45 days before any regular meeting of the Planning Commission.
B.
The Planning Commission shall adopt an application form to be completed and filed with the Township Clerk by the person or persons petitioning for the change. An application shall be submitted for each parcel of land which is not contiguous to any adjacent parcel of land being proposed for the same amendment.
C.
The Building Official shall review the application for completeness. Any application not properly filed or complete shall be returned to the applicant. Complete applications shall be transmitted to the Planning Commission.
D.
The Township Attorney shall mail a notice of public hearing by regular first call mail at least 15 days before the date of public hearing to each electric/gas pipeline public utility company, telecommunication service provider, railroad operating within a Township, and manager of each airport within a Township only if the designated entity has registered their name and address with the Clerk for the purpose of receiving zoning public hearing notices.
E.
Comments and recommendations. The above-mentioned review agencies may submit comments and recommendations on the proposed amendment within 35 calendar days of receipt of notice. If no written correspondence is received by the Township Attorney within said 35 calendar days, the Planning Commission shall presume that the review agency has no objections to the proposed rezoning.
§ 1-12.5 Public hearings.
A.
The Planning Commission shall hold a public hearing on the proposed amendment after receipt of an application or after the resolution initiating the proposed amendment is adopted by the Township Board of Trustees or Planning Commission, as the case may be, to amend this chapter.
B.
The Township Clerk shall give notice of time and place of the public hearing pursuant to the Michigan Zoning Enabling Act,[1] as presently enacted or later amended.
[1]
Editor's Note: See MCLA § 125.3101 et seq.
§ 1-12.6 Planning commission findings of fact.
A.
Scope of examination. In reviewing any application for an amendment to this chapter, the Planning Commission shall identify and evaluate all factors relevant to the application, and shall report its finding in full along with its recommendations for disposition of the application, to the Township Board of Trustees within a period of 60 days. The matters to be considered by the Planning Commission shall include, but shall not be limited to, the following findings of fact:
(1)
What, if any, identifiable conditions related to the proposed amendment have changed which justify the proposed amendment?
(2)
What, if any, error in judgment, procedure or administration was made in the original ordinance which justifies the petitioner's change in zoning?
(3)
What are the precedents and the possible effects of such precedent which might result from the approval or denial of the petition?
(4)
What is the impact of the amendment on the ability of the Township and other governmental agencies to provide adequate public services and facilities, and/or programs that might reasonably be required in the future if the petition is approved?
(5)
Does the proposed amendment adversely affect environmental conditions, or the value of the surrounding property?
(6)
Are there any significant negative environmental impacts which would reasonably occur if the petitioned zoning change and resulting allowed structures were built; such as:
(a)
Surface water drainage problems.
(b)
Wastewater disposal problems.
(c)
Adverse effect on surface or subsurface water quality.
(d)
The loss of valuable natural resources (such as forest, wetlands, historic sites, wildlife, mineral deposits or valuable agricultural land).
(e)
Does the proposed amendment generally comply with the adopted policies of the Comprehensive Development Plan?
(7)
The ability of the property in question to be put to a reasonable economic use in the zoning district in which it is presently located.
B.
All findings of fact shall be made a part of the public records of the meetings of the Planning Commission. The Planning Commission shall transmit its findings of fact, a summary received at the public hearing and its recommended action to the Township Board of Trustees.
§ 1-12.7 Consideration by Township Board of Trustees.
Upon receipt of a report and summary of hearing comments from the Planning Commission, the Township Board of Trustees may hold an additional public hearing, if it considers it necessary; or may proceed to adopt the amendment to this chapter. If the Township Board of Trustees considers further changes desirable which are in addition to or departures from the proposed amendment, it may first refer the matter back to the Planning Commission for a further report.
§ 1-12.8 Notice of adoption.
Following adoption of an amendment by the Township Board of Trustees, one notice of adoption shall be published in a newspaper of general circulation in the Township within 15 days after the adoption. The notice shall include the following information:
A.
The text of the amendment, which shall include the section or sections amended stated in full.
B.
The effective date of the amendment.
C.
The place and time where a copy of this chapter may be purchased or inspected.
§ 1-12.9 When effective.
The amendment shall become effective immediately upon the publication in a newspaper of general circulation within the Township, or on a date which is subsequent to the date of the publication and is specifically provided in the amendatory ordinance.