A.

Purpose. This Article is intended to provide the process for amending this Ordinance as new circumstances or uses arise, areas change in character, or other conditions warrant a change to the text of this Ordinance or a change in the official Zoning Map.

B.

Applicability.

1.

An amendment to the text of this Ordinance may be initiated by the City Council, the Planning Commission, the Zoning Board of Appeals, a city resident, or an owner or person having a legal interest in property in the City.

2.

A zoning map amendment (i.e., a rezoning) may be initiated by the City Council, the Planning Commission, or an owner or person having a legal interest in property in the City.

C.

Application Procedure. An application shall be submitted on a form provided by the City, completed in full and signed by the applicant, and shall include a detailed description of the proposed amendment and certify the accuracy of the information.

1.

Text Amendments. For Zoning Ordinance text amendments, a copy of the existing language, the language of the proposed change(s), and the reason(s) for the requested change.

2.

Zoning Map Amendments. The following shall be required:

a.

The current and requested Zone District;

b.

Locations of vehicular access, including public and private roads, and private access easements;

c.

Distance to road centerlines and right-of-way widths of all abutting streets and alleys;

d.

Location of natural features such as existing drainage courses, wetlands, flood plains, streams, wood lot, and steep slopes;

e.

All existing easements or rights-of-way;

f.

Location, size, and/or capacity of all existing utility lines abutting or entering to service the site;

g.

A detailed statement of how the proposed amendment complies with the applicable review standards in Section 13.01.E;

h.

Any additional information as required by the Zoning Administrator, Planning Commission, or City Council to assist in its review.

D.

Review Procedures.

1.

Application Completeness. Upon acceptance of a complete application, the Zoning Administrator shall assign the application a public hearing date and time

2.

Planning Commission Public Hearing. The Planning Commission shall hold a public hearing and notice shall be provided consistent with the requirements of Section 11.09. Following the public hearing, the Planning Commission shall make a recommendation to City Council based on the Review Standards provided in Section 13.01.E. The recommendation shall include a summary of the comments from the public and relevant findings regarding the request.

3.

City Council Action.

a.

Upon receipt of the recommendation of the Planning Commission, the City Council may hold a public hearing in accordance with the Zoning Enabling Act prior to taking action on the proposed amendment.

b.

Following a public hearing, if held, at a date determined by the City Council, the City Council shall take action on the request.

c.

Zoning Ordinance Text Amendments. The City Council may approve, approve with modifications, or deny a proposed Zoning Ordinance text amendment by a majority vote of its members. The City Council shall state the reason(s) for its decision in the minutes.

d.

Zoning Map Amendments. The City Council may approve or deny a proposed Zoning Ordinance text amendment by a majority vote of its members. The City Council shall state the reason(s) for its decision in the minutes.

4.

Effective Date. Upon adoption of a Zoning Ordinance text or map amendment, notice of adoption shall be published in accordance with the requirements of the Zoning Enabling Act. The Zoning Ordinance amendment shall take effect upon the expiration of seven (7) after publication.

E.

Review Standards.

1.

Text Amendment. For a change to the text of the Zoning Ordinance, the Planning Commission shall consider, and the City Council may consider, whether the proposed amendment meets the following standards.

a.

The proposed amendment is consistent with the purpose and intent of the Master Plan and Zoning Ordinance.

b.

The proposed amendment will enhance the functionality or character of the future development in the City.

c.

The proposed amendment will enhance the natural features and environmental integrity of the City.

d.

The proposed amendment will protect the health, safety, and general welfare of the public.

e.

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

f.

Whether the proposed amendment:

i.

Is needed to correct an error or omission in the original text; or

ii.

Will address a community need in physical or economic conditions or development practices; or

iii.

Would result in the creation of significant nonconformities in the City.

2.

Zoning Map Amendment. For a change to a new Zone District, the Planning Commission shall consider, and the City Council may consider, the following standards:

a.

The proposed rezoning is consistent with the intent, goals, policies, and future land use map of the Master Plan of the City of North Muskegon.

b.

Any property to be rezoned can reasonably accommodate the requirements of the proposed Zone District.

c.

The proposed rezoning is compatible with the Zone District(s) in the existing neighborhood.

d.

The physical, geological, hydrological and other environmental features of the property to be rezoned are compatible with the full range of uses in the proposed Zone District.

e.

Adequate public facilities already exist or will be provided at no additional public cost, and will safeguard the health, safety, and general welfare of the public. The proposed Zone District will not be detrimental to the financial stability and economic welfare of the City.

f.

The proposed Zone District is consistent with the trend of development in the neighborhood. The property to be rezoned was improperly zoned or classified when this Ordinance was adopted or amended.

F.

Duration of Approval. All amendments to the Zoning Ordinance are final.

G.

Resubmission. Following the final action of a denial by the City Council on a zoning map amendment, no further applications shall be considered for any part or all of the same property for at least one (1) year from the date of the City Council's action, with the following exception:

1.

The time limit on reconsiderations may be waived by a majority vote of the City Council when it is deemed necessary to facilitate the proper development of the City, and when the City Council finds that there has been a substantial change in circumstances since the original vote on the Zone District amendment.

A.

Planning Act. An amendment to the Master Plan shall be adopted by the City Commission, following recommendation by the Planning Commission, following the procedural requirements of the Planning Enabling Act, PA 33 of 2008.

B.

Review Criteria. The following criteria shall be considered in the amendment of the Master Plan:

1.

Whether the proposed amendment corrects an error or is the result of changing conditions, trends, or facts since the Master Plan's adoption;

2.

Plan Elements. Whether the proposed amendment is consistent with the guiding principles, themes, development characters, area specific plans, visions, and recommendations of the Master Plan;

3.

Community Need. Whether, and the extent to which, the proposed amendment addresses a demonstrated community need that was otherwise not considered in the Plan;

4.

General Welfare. Whether the proposed amendment shall protect the health, safety and general welfare of the public;

5.

Mitigation of Adverse Effects. Whether the proposed amendment avoids adverse impacts on the natural and built environments, including air and water quality, noise, wildlife, vegetation, streets and other infrastructure priorities;

6.

Compatibility. Whether the proposed amendment would result in development that is compatible with existing and proposed uses surrounding the subject property, and the proposed design considerations and land uses are appropriate for the land and neighborhood; and

7.

Efficient and Orderly Development. Whether the proposed land use amendment helps ensure efficient, logical, and orderly development within the City.