AMENDMENT PROCEDURE14
State Law reference— Adoption procedure, MCL 125.3401 et seq.
(a)
The township board may from time to time, on recommendation from the planning commission, amend, modify, supplement or revise the district boundaries or the provisions and regulations herein established whenever the public necessity and convenience and the general welfare require such amendment. Said amendment may be initiated by resolution of the township board, the planning commission, or by petition of one or more owners of property to be affected by the proposed amendment. Except for the township board, or the planning commission, the petitioner or petitioners requesting an amendment shall at the time of submission of application pay a fee. A schedule of fees and cost for a special meeting shall be on file with the township clerk. The planning commission may also request the assistance, with consent of the township supervisor, of professionals including attorneys, planners, engineers, surveyors, architects and landscape architects. The applicant shall pay the actual cost of the services of such professionals. If a special meeting is requested by the applicant, all costs associated with the special meeting shall be paid by the applicant. No portion of the application fee or cost of a special meeting shall be returnable to the petitioner.
(b)
Nothing within this section shall prohibit any person from attending a planning commission or township board meeting and expressing a need for amendment for the public health, safety and welfare of all township residents without the need for formal petition. Opinions expressed by the board or planning commission prior to or during the course of a public hearing shall not be binding upon final decision for amendment.
The procedure for making amendments to this chapter shall be as follows:
(1)
Each petition for amendment initiated by one or more owners of property shall be submitted to the township board who shall refer it for recommended action to the planning commission.
(2)
Before deliberations on any proposal, the township planning commission shall conduct at least one public hearing, notice of which shall be given in the following manner:
(Ord. of 2-2008)
a.
If an individual property or ten or fewer adjacent properties are proposed for re-zoning, the planning commission shall give notice of the proposed re-zoning by:
(Ord. of 2-2008)
1.
Publishing notice of the request in a newspaper of general circulation in the township not less than 15 days before the date of the hearing;
2.
Notice shall also be given as provided under subsection (2)a.3 of this section to the owners of property that is the subject of the request. Notice shall also be given as provided under subsection (2)a.3 of this section to all persons to whom real property is assessed within 300 feet of the property that is the subject of the request and to the occupants of all structures within 300 feet of the subject property regardless of whether the property or structure is located in the zoning jurisdiction. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure.
3.
The notice under subsection (2)a.2 of this section is considered to be given when personally delivered or when deposited during normal business hours for delivery with the United States Postal Service or other public or private delivery service. The notice shall be given not less than 15 days before the date the request will be considered. If the name of the occupant is not known, the term "occupant" may be used for the intended recipient of the notice.
4.
The notice shall do all of the following:
(i)
Describe the nature of the request;
(ii)
Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used;
(iii)
State when and where the request will be considered;
(iv)
Indicate when and where written comments will be received concerning the request.
b.
If 11 or more adjacent properties are proposed for re-zoning, the planning commission shall give notice of the proposed re-zoning in the same manner as required under subsection (2)a of this section, except for the requirement of subsection (2)a of this section and except that no individual addresses of properties are required to be listed under subsection (2)a.4(ii) of this section.
(Ord. of 2-2008)
c.
Notice of the time and place of the public hearing shall also be given by mail to each electric, gas and pipeline public utility company, each telecommunication service provider, each railroad operating within the district or zone affected, and the airport manager of each airport that registers its name and mailing address with the clerk of the township for purpose of receiving the notice of public hearing.
(Ord. of 2-2008)
d.
A notice under this section shall include the places and times at which the proposed text and any maps of the proposed zoning ordinance may be examined.
(Ord. of 2-2008)
(3)
Upon completion of the public hearings provided above, the proposed amendment or supplement shall be submitted to the county metropolitan planning commission for review and recommendation. The petitioner shall then be returned to the township board by the county metropolitan planning commission for action in accordance with section 307 of Public Act No. 110 of 2006 (MCL 125.3307).
(Ord. of 2-2008)
(4)
Following the public hearing under subsection (2) of this section, the planning commission shall transmit a summary of comments received at its hearing along with its proposed zoning ordinance or amendments, including any zoning maps and recommendations, to the township board. After receiving the proposed ordinance or amendments, the board may hold a public hearing if it considers it necessary or as may otherwise be required. Notice of the hearing to be held shall be given in the same manner as described in subsection (2) of this section. The board may refer any proposed amendment to the planning commission for consideration and comment with a time specified by the board. The board shall grant a hearing on a proposed ordinance provision to a property owner who requests a hearing by certified mail, addressed to the clerk of the township. After the public hearing held as allowed under this subsection, the board shall consider and vote upon the adoption of the zoning ordinance with or without amendments. The zoning ordinance and any amendments shall be approved by the majority vote of the members of the board.
(Ord. of 2-2008)
(5)
All provisions of this article shall be subject to the provisions of the Michigan zoning enabling act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.), which Act is incorporated herein by reference.
(Ord. of 2-2008)
Any amendment for the purpose of conforming a provision thereof to the decree of a court of competent jurisdiction shall be adopted by the township board and the amendments published without referring the same to any other board or agency.
AMENDMENT PROCEDURE14
State Law reference— Adoption procedure, MCL 125.3401 et seq.
(a)
The township board may from time to time, on recommendation from the planning commission, amend, modify, supplement or revise the district boundaries or the provisions and regulations herein established whenever the public necessity and convenience and the general welfare require such amendment. Said amendment may be initiated by resolution of the township board, the planning commission, or by petition of one or more owners of property to be affected by the proposed amendment. Except for the township board, or the planning commission, the petitioner or petitioners requesting an amendment shall at the time of submission of application pay a fee. A schedule of fees and cost for a special meeting shall be on file with the township clerk. The planning commission may also request the assistance, with consent of the township supervisor, of professionals including attorneys, planners, engineers, surveyors, architects and landscape architects. The applicant shall pay the actual cost of the services of such professionals. If a special meeting is requested by the applicant, all costs associated with the special meeting shall be paid by the applicant. No portion of the application fee or cost of a special meeting shall be returnable to the petitioner.
(b)
Nothing within this section shall prohibit any person from attending a planning commission or township board meeting and expressing a need for amendment for the public health, safety and welfare of all township residents without the need for formal petition. Opinions expressed by the board or planning commission prior to or during the course of a public hearing shall not be binding upon final decision for amendment.
The procedure for making amendments to this chapter shall be as follows:
(1)
Each petition for amendment initiated by one or more owners of property shall be submitted to the township board who shall refer it for recommended action to the planning commission.
(2)
Before deliberations on any proposal, the township planning commission shall conduct at least one public hearing, notice of which shall be given in the following manner:
(Ord. of 2-2008)
a.
If an individual property or ten or fewer adjacent properties are proposed for re-zoning, the planning commission shall give notice of the proposed re-zoning by:
(Ord. of 2-2008)
1.
Publishing notice of the request in a newspaper of general circulation in the township not less than 15 days before the date of the hearing;
2.
Notice shall also be given as provided under subsection (2)a.3 of this section to the owners of property that is the subject of the request. Notice shall also be given as provided under subsection (2)a.3 of this section to all persons to whom real property is assessed within 300 feet of the property that is the subject of the request and to the occupants of all structures within 300 feet of the subject property regardless of whether the property or structure is located in the zoning jurisdiction. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure.
3.
The notice under subsection (2)a.2 of this section is considered to be given when personally delivered or when deposited during normal business hours for delivery with the United States Postal Service or other public or private delivery service. The notice shall be given not less than 15 days before the date the request will be considered. If the name of the occupant is not known, the term "occupant" may be used for the intended recipient of the notice.
4.
The notice shall do all of the following:
(i)
Describe the nature of the request;
(ii)
Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used;
(iii)
State when and where the request will be considered;
(iv)
Indicate when and where written comments will be received concerning the request.
b.
If 11 or more adjacent properties are proposed for re-zoning, the planning commission shall give notice of the proposed re-zoning in the same manner as required under subsection (2)a of this section, except for the requirement of subsection (2)a of this section and except that no individual addresses of properties are required to be listed under subsection (2)a.4(ii) of this section.
(Ord. of 2-2008)
c.
Notice of the time and place of the public hearing shall also be given by mail to each electric, gas and pipeline public utility company, each telecommunication service provider, each railroad operating within the district or zone affected, and the airport manager of each airport that registers its name and mailing address with the clerk of the township for purpose of receiving the notice of public hearing.
(Ord. of 2-2008)
d.
A notice under this section shall include the places and times at which the proposed text and any maps of the proposed zoning ordinance may be examined.
(Ord. of 2-2008)
(3)
Upon completion of the public hearings provided above, the proposed amendment or supplement shall be submitted to the county metropolitan planning commission for review and recommendation. The petitioner shall then be returned to the township board by the county metropolitan planning commission for action in accordance with section 307 of Public Act No. 110 of 2006 (MCL 125.3307).
(Ord. of 2-2008)
(4)
Following the public hearing under subsection (2) of this section, the planning commission shall transmit a summary of comments received at its hearing along with its proposed zoning ordinance or amendments, including any zoning maps and recommendations, to the township board. After receiving the proposed ordinance or amendments, the board may hold a public hearing if it considers it necessary or as may otherwise be required. Notice of the hearing to be held shall be given in the same manner as described in subsection (2) of this section. The board may refer any proposed amendment to the planning commission for consideration and comment with a time specified by the board. The board shall grant a hearing on a proposed ordinance provision to a property owner who requests a hearing by certified mail, addressed to the clerk of the township. After the public hearing held as allowed under this subsection, the board shall consider and vote upon the adoption of the zoning ordinance with or without amendments. The zoning ordinance and any amendments shall be approved by the majority vote of the members of the board.
(Ord. of 2-2008)
(5)
All provisions of this article shall be subject to the provisions of the Michigan zoning enabling act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.), which Act is incorporated herein by reference.
(Ord. of 2-2008)
Any amendment for the purpose of conforming a provision thereof to the decree of a court of competent jurisdiction shall be adopted by the township board and the amendments published without referring the same to any other board or agency.