Michiana City Zoning Code
ARTICLE XIII
Amendments
§ 360-98 Purpose.
The purpose of this chapter is for establishing and maintaining sound, stable and desirable land use and development within the territorial limits of the Village. It is not intended that this chapter be amended except to correct an error in the Zoning Ordinance, to address changed or changing conditions in a particular area in the Village, to conform with changes to the Master Plan and/or other ordinances of the Village, to meet public need for new or additional land uses in areas so contemplated by the Master Plan, or to further protect the environment, neighborhoods, public infrastructure or other public investment in the Village. This article establishes procedures for review and action on amendment requests. Requested amendments to the Zoning Ordinance shall be processed according to the provisions of Public Act 110 of 2006,[1] as amended, and in doing so, the procedures of this article shall be followed.
[1]
Editor's Note: See the Zoning Enabling Act, MCLA § 125.3601 et seq.
§ 360-99 Initiation of amendments.
Petitions for amendments may be initiated by the Village Council on its own motion or by petition of one or more owners of property to be affected by the proposed amendment. Only the Village Council may amend this chapter.
§ 360-100 Procedures.
A.
Application, distribution and data. A petitioner shall submit 15 copies of a completed application for ordinance amendment to the Village Clerk on a form established for that purpose, which shall include a detailed description of the proposed amendment, including the name, address and phone number of the applicant and the desired change(s) and reason(s) for such change(s). The Village Clerk shall record the date of their receipt and transmit copies to the Village Council and other agencies or individuals selected to review such plans, including but not necessarily limited to Village departments and staff, consultants and the Berrien County Drain Commissioner. See § 360-13 regarding application fees.
(1)
When the petition involves a change in the Zoning Map, 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, and the applicant shall also submit the following information:
(a)
A legal description of the property.
(b)
A scaled map of the property, correlated with the legal description, and clearly showing the property's location.
(c)
The applicant's name, address and phone number and interest in the property, and if the applicant is not the owner, the name, address and phone number of the owner.
(d)
The desired change and reasons for such change.
(e)
Signature(s) of petitioner(s) and owner(s) certifying the accuracy of the required information.
B.
Village Council action.
(1)
Public hearing. The Village Council shall review the application materials. Upon finding that the application materials are satisfactorily complete and the Village Council has a clear understanding of the requested amendment, the Village Council shall establish a date for at least one public hearing on the application and hold such hearing. The Village Clerk shall give notice of the public hearing according to § 360-16. Any application not properly filed or complete shall be returned to the applicant with a written notice of deficiencies.
(2)
Village Council review and recommendation. In reviewing any application for an amendment to this chapter, the Village Council shall identify and evaluate all factors relevant to the application. Findings of fact shall be gathered and shall be made a part of the public records of the meetings of the Village Council.
(a)
If the petition involves an amendment to the Official Zoning Map, matters to be considered by the Village Council shall include, but shall not be limited to, the following:
[1]
What, if any, identifiable conditions related to the application have changed which justify the proposed amendment?
[2]
What is the impact of the amendment on the ability of the Village and other governmental agencies to provide adequate public services and facilities and/or programs that might reasonably be required in the future if the proposed amendment is adopted?
[3]
Will the petitioned district change adversely affect the value of the surrounding property?
[4]
Are the site's physical, geological, hydrological and other environmental features compatible with the host of uses permitted in the proposed district, and will development under the petitioned district change be likely to adversely affect environmental conditions?
[5]
Is the subject property able to be put to a reasonable economic use in the zoning district in which it is presently located?
[6]
Is the proposed rezoning consistent with the zoning classification of surrounding land?
[7]
Can the subject parcel comply with all requirements of the proposed zoning classification?
[8]
Does the petitioned district change generally comply with the Village of Michiana Master Plan?
[9]
What are the precedents and the possible effects of such precedent which might result from the approval or denial of the petition?
(b)
If the petition involves an amendment to the text of the chapter, matters to be considered by the Village Council shall include, but shall not be limited to, the following:
[1]
Is the proposed amendment supported by documentation, such as from the Zoning Board of Appeals, that the proposed amendment would minimize problems or conflicts with specific sections of the chapter?
[2]
Is the proposed amendment supported by reference materials, planning and zoning publications, information gained at seminars or experiences of other communities to more effectively deal with certain zoning issues?
[3]
Is the proposed amendment supported by significant case law?
(c)
In determining the above-mentioned findings of fact, the Planning Commission may solicit information and testimony from officials of, but not limited to, the County Health Department, County Drain Commissioner, Village Police Department, and any school district affected.
C.
Village Council action. After determining the findings, the Village Council, at any regular meeting or at any special meeting called for that purpose, shall consider said findings and vote upon the adoption of the proposed amendment, with or without revisions. Such action shall be by ordinance, requiring a majority vote of the Village Council. The Village Council may hold additional public hearings if it considers it necessary. The Village Council shall grant a hearing on a proposed ordinance provision to a property owner who requests a hearing by certified mail, addressed to the Village Clerk. Hearings under this Subsection C shall conform to the notice requirements of § 360-16.
(1)
Protest petition. Upon presentation of a protest petition meeting the requirements of this Subsection C(1), a Zoning Map amendment which is the object of the petition shall be approved only by a 2/3 vote of the Village Council, unless a larger vote, but not to exceed a 3/4 vote, is required by the Village Charter. The protest petition shall be presented to the legislative body before final legislative action on the amendment by the Village Council, and shall be signed by one of the following:
(a)
The owners of at least 20% of the area of land included in the proposed change.
(b)
The owners of at least 20% of the area of land included within an area extending outward 100 feet from any point on the boundary of the land included in the proposed change. For purposes of this provision, publicly owned land shall be excluded in calculating the twenty-percent land area requirement.
D.
Publication of notice of ordinance amendments. Following adoption of amendments to this chapter by the Village Council, the amendments shall be filed with the Village Clerk, and one notice of adoption shall be published in a newspaper of general circulation in the Village within 15 days after adoption. Promptly following adoption of an amendment by the Village Council, a copy of the notice of adoption shall also be mailed to the airport manager of each airport that registers its name and mailing address with the Village Clerk for the purpose of receiving the notice. The notices shall include the following information:
(1)
Either a summary of the regulatory effect of the amendment, including the geographic area affected, or the text of the amendment.
(2)
The effective date of the amended ordinance.
(3)
The place and time where a copy of the ordinance may be purchased or inspected.
§ 360-101 Resubmittal.
No application for an amendment which has been denied by the Village Council shall be resubmitted for a period of one year from the date of the last denial, except on grounds of newly discovered evidence or proof of changed conditions.
§ 360-102 Comprehensive review.
The Village Council shall, from time to time, examine the provisions of this chapter and the location of zoning district boundary lines and shall make changes and amendments, if any, which are deemed to be desirable in the interest of public health, safety and general welfare.