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New Buffalo Township
City Zoning Code

ARTICLE 11

Amendments and Severability

§ 455-11.1 Amendments.

The Township Board may, after recommendation from the Planning Commission, amend, supplement, or change the provisions of this chapter or Official Zoning Map. Such actions shall be consistent with the Michigan Zoning Enabling Act, Michigan Public Act 110 of 2006, as amended,[1] and the following:
Initiation of amendment. Amendments to the provisions of this chapter may be initiated by the Township Board, Planning Commission, Zoning Administrator, or by petition from one or more residents or property owners of the Township. An amendment to the Official Zoning Map (rezoning) may be initiated by the Township Board, Planning Commission, Zoning Administrator, or by the titleholder for the property subject to the proposed amendment. No fee shall be charged for amendments initiated by the Township Board, Planning Commission, or Zoning Administrator.
Standards. In considering an amendment to the Official Zoning Map (rezoning), the Planning Commission shall consider the following factors in making its findings and recommendations:
Consistency with the Master Plan's goals, policies, and future land use map, including planned timing or sequence of development. If conditions have changed since the Master Plan was adopted, the consistency with recent development trends in the area shall be considered.
Compatibility of all the potential uses allowed in the proposed zoning district(s) with the site's physical, geological, hydrological, and other environmental features.
Compatibility of all the potential uses allowed in the proposed district(s) with surrounding uses and zoning in terms of suitability, intensity, traffic impacts, aesthetics, infrastructure, and potential influence on property values.
Capacity of available utilities and public services to accommodate the uses permitted in the district(s) without compromising the health, safety, and welfare of Township residents or burdening the Township or Berrien County with unplanned capital improvement costs or other unplanned public expenses.
Capability of the road system to safely and efficiently accommodate the expected traffic generated by uses permitted in the zoning district(s).
The apparent demand for the types of uses permitted in the district(s) in relation to the amount of land currently zoned and available in the Township and surrounding communities to accommodate the demand.
The boundaries of the proposed district(s) in relationship to the surrounding area and the scale of future development on the site.
The requested rezoning will not create an isolated or incompatible zone in the neighborhood.
Other factors deemed appropriate by the Planning Commission and the Township Board.
Submittal requirements. An amendment to this chapter (except those initiated by the Township Board, Planning Commission, or Zoning Administrator) shall be initiated by submission of a complete and accurate application to the Township, along with the required fee established by the Township Board. In the case of an amendment to the Official Zoning Map, the following information shall accompany the application and fee:
A legal description and street address of the subject property, together with a survey and location map identifying the subject property in relation to surrounding properties.
The name and address of the owner of the subject property, and a statement of the applicant's interest in the subject property, if not the owner in fee simple title.
The existing and proposed zoning district designation of the subject property and surrounding properties.
A written description of how the requested amendment meets the criteria stated in this section.
Amendment review procedure. Proposed amendments to this chapter or Official Zoning Map shall be reviewed in accordance with the following:
Completeness review. Upon receipt of an application to amend this chapter, the Zoning Administrator shall review the application to confirm all required material has been submitted. The Zoning Administrator shall notify the applicant of any outstanding items.
Technical review. Prior to Planning Commission consideration, the proposed amendment and application materials shall be distributed to appropriate Township officials for review and comment. The Zoning Administrator may also submit the application materials to designated Township consultants for review.
Public hearing. A public hearing shall be held for all proposed amendments in accordance with the procedures in § 455-10.7 pursuant to the Michigan Zoning Enabling Act.[2]
[2]
Editor's Note: See MCLA § 125.3101 et seq.
Planning Commission consideration and recommendation. Subsequent to the hearing, the Planning Commission shall review the proposed amendment, together with any reports and recommendations from staff, consultants, other reviewing agencies, and any public comments. The Planning Commission shall identify and evaluate all relevant factors and shall report its findings and recommendation to the Berrien County Planning Commission, which will review and provide comment. The Planning Commission will review Berrien County Planning Commission recommendations and then shall report its findings and recommendation to the Township Board.
Township Board action. The Township Clerk shall forward a copy of the proposed amendment and report and recommendation from the Planning Commission to the Township Board for consideration and final action.
The Township Board may adopt or reject the proposed amendment or may refer the amendment back to the Planning Commission for revision or further consideration. If the Township Board requests revisions to the proposed amendment, the amendment and requested revisions shall be referred back to the Planning Commission for further consideration.
The Township Board may, at its discretion, hold additional public hearings on the proposed amendment following the procedures in Article 10.
Effective date. A notice of adoption of an approved amendment shall be published in a newspaper of general circulation in the Township within 15 days of adoption. The amendment shall become effective seven days after being published.
Reapplication. Whenever an application for an amendment to this chapter has been rejected by the Township Board, a new application for the same amendment shall not be accepted by the Board for a period of one year unless the Zoning Administrator determines that one or more of the following conditions has been met:
There is a substantial change in circumstances relevant to the issues or facts considered during review of the application.
New or additional information is available that was not available at the time of the review.
The new application is materially different from the prior application.
[1]
Editor's Note: See MCLA § 125.3101 et seq.

§ 455-11.2 Severability.

If any article, section, subsection, sentence, clause, phrase, or portion of this chapter is held to be invalid or unconstitutional by any court of competent jurisdiction, the Township intends said portion to be disregarded, reduced, and/or revised so as to be recognized to the fullest extent possible by law. The Township further states that it would have passed and adopted what remains of this chapter following the removal, reduction, or revision of any portion so found to be invalid or unconstitutional.