The township board may, from time to time, amend, modify, supplement, or revise the district boundaries or the provisions and regulations of this chapter. Amendments may be initiated by the township board, the township planning commission, or by petition of one or more of the property owners of the township, or by one or more persons acting on behalf of a property owner of the township. All proposed amendments shall be referred to the township planning commission for review and recommendation before action may be taken thereon by the township board.

(Ord. of 7-22-2013, § 68.01; Ord. of 6-4-2014, § 68.01)

The township board shall establish, by resolution, fees for zoning amendment petitions. The fee shall be paid in full to the township clerk at the time of filing of the petition and no part of such fee shall be returnable to the petitioner. Fees shall not be required for amendments requested by any government agency or body.

(Ord. of 7-22-2013, § 68.02; Ord. of 6-4-2014, § 68.02)

(a)

The procedure for amending this chapter shall be in accordance with Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(b)

The original petition and 11 copies thereof shall be filed with the township clerk. The clerk shall transmit the petition and ten copies thereof to the township planning commission for review and report to the township board. The zoning administrator shall set a date for a public hearing, and shall notify the township clerk and applicant of the date. The clerk will then give notice of the public hearing as described in article XXXIII of this chapter. Public hearing requirements shall also apply to amendments initiated by the township board, the township planning commission and by any other governmental agency or body.

(c)

The planning commission shall report its findings, and its recommendations for disposition of the petition to the township board following the public hearing. The report shall include a summary of comments received at the public hearing.

(Ord. of 7-22-2013, § 68.03; Ord. of 6-4-2014, § 68.03)

(a)

When the petition involves an amendment to the official zoning map, the petitioner shall submit ten copies of the following information the following information to the township clerk:

(1)

A legal description of the property, including a street address and the tax code numbers.

(2)

A scaled map of the property, correlated with the legal description, and clearly showing the property's location.

(3)

The name and address of the petitioner.

(4)

The petitioner's interest in the property; if the petitioner is not the record owner, the name and address of the record owner, and that owner's signed consent to the petition.

(5)

Signatures of petitioners and owners, certifying the accuracy of the information.

(6)

Identification of the zoning district requested and the existing zoning classification of property.

(7)

A vicinity map showing the location of the property, and adjacent land use and zoning districts.

(8)

General description of natural resources on the site such as woodlands, wetlands, etc.

(b)

When a petition involves a change in the text of this chapter, the petitioner shall submit the following information to the township clerk:

(1)

A detailed statement of the petition, clearly and completely setting forth all proposed provisions and regulations, including all changes in this chapter necessary to accommodate the proposed amendment.

(2)

Name and address of the petitioner.

(3)

Reasons for the proposed amendment.

(Ord. of 7-22-2013, § 68.04; Ord. of 6-4-2014, § 68.04)

(a)

In reviewing any petition for a zoning amendment, the planning commission shall identify and evaluate all factors relevant to the petition. The planning commission shall report its findings in full, along with its recommendation for action on the petition, to the township board. The factors to be considered by the planning commission shall include, but shall not be limited to, the following:

(1)

Whether or not the requested zoning change is justified by a change in conditions since the original ordinance was adopted, or by an error in the original ordinance.

(2)

The precedents, and the possible effects of such precedents, which might result from approval or denial of the petition.

(3)

The capacity of the township or any other government agencies to provide any services, facilities, and/or programs that might be required if the petition were approved.

(4)

Effect of approval of the petition on the condition and/or value of property in the township or in adjacent municipalities.

(5)

Relation of the petition to the adopted land use development plan of the township, and of other government units where applicable.

(b)

All findings of fact shall be made a part of the public records of the meetings of the planning commission.

(Ord. of 7-22-2013, § 68.05; Ord. of 6-4-2014, § 68.05)

As an alternative to a rezoning amendment as described in section 36-1002, the township may allow conditional rezoning to help ensure the proper use of land and natural resources and to allow for a more flexible approach to the rezoning process in accordance with Public Act No. 110 of 2006 (MCL 125.3101 et seq.). It is recognized that, in certain instances, it would be an advantage to both the township and petitioners seeking rezoning of land if a site plan, along with conditions and limitations that may be relied upon by the township, could be proposed as part of a petition for rezoning. Conditional rezoning of land must follow the standards and procedures as noted in this section.

(1)

The amendment procedure for a conditional rezoning shall follow the same procedure as a traditional rezoning amendment pursuant to this article.

(2)

In addition to the procedures as noted in section 36-1004, the following specific procedures, standards, and requirements apply to all proposed conditional rezoning requests:

a.

A conditional rezoning request must be voluntarily offered by an owner or persons acting on behalf of an owner of land within the township. All offers must be made in writing and must provide the specific conditions to be considered by the township as a part of the rezoning request. All offers shall be in the form of a written agreement approvable by the township and property owner, incorporating the conditional rezoning site plan and setting forth any conditions and terms mutually agreed upon by the parties relative to the land for which the conditional rezoning is sought.

b.

Conditional rezoning shall not allow a use or activity that would not otherwise be allowed in the proposed zoning district.

c.

Conditional rezoning shall not alter any of the various zoning requirements for the use in question, i.e., parking, landscaping, lot area, lot width, building height, setbacks, lot area coverage, etc. Conditional rezonings shall not grant zoning variances of any kind. Any zoning variance must follow the provisions of article XXX of this chapter.

d.

Conditional rezoning shall not grant conditional land use approval. The process for review and approval of conditional land uses must follow the provisions of article XXVII of this chapter.

e.

All conditions offered by a land owner in relation to a rezoning request must have a direct relationship to the rezoning itself. The provisions to allow conditional rezoning shall not be construed to allow rezoning by exaction.

f.

In addition to the informational requirements provided for in section 36-1005, the applicant must provide a conditional rezoning site plan prepared by a licensed professional allowed to prepare such plans under this chapter, that may show the location, size, height or other measures for and/or of buildings, structures, improvements and features on, and in some cases adjacent to, the property that is the subject of the conditional rezoning of land. The details to be offered for inclusion in the conditional rezoning site plan shall be determined by the applicant, subject to approval of the township. A conditional rezoning site plan shall not replace the requirement under this chapter for site plan review and approval, or subdivision or site condominium approval, as the case may be.

(3)

Time limits and reversion of land to previous district.

a.

If the proposed conditions offered by the owner of rezoning are acceptable to the township, the township may establish a time during which the conditions apply to the property and must be met. If the conditions are not met within the time established by the township or as specified under this section, the property shall revert to its former zoning classification unless an extension is granted as noted below. Reversion of a property back to its former classification must follow the rezoning amendment provisions as provided in section 36-1004.

b.

If the township does not set a time period during which the conditions applied must be met, then the default period for reversion shall be 365 days from the date of approval or acceptance by the township

c.

Unless a reversion of the zoning takes place as described in above, the approved conditional rezoning shall be binding upon the subject property owner, their heirs, successors, assigns, and transferees.

d.

Upon approval of a conditional zoning, a copy of the written agreement between the property owner and township shall be filed with the county register of deeds, which shall act to provide notice to all subsequent owners of the property of the conditions approved and agreed to by the township.

e.

The township may not add to or alter any conditions approved as a part of a rezoning during the time period specified above.

f.

The time limits specified and approved by the township may be extended upon the application of the landowner and approval of the township.

(4)

Review procedures. The factors found in section 36-1006 must be considered in any conditional rezoning request.

(Ord. of 7-22-2013, § 68.06; Ord. of 6-4-2014, § 68.06)

Following township board approval of a petition to amend this chapter, notice of the amendment shall be published within 15 days after adoption in a newspaper of general circulation within the township. The notice of adoption 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 amendment.

(3)

The place and time where a copy of the ordinance may be purchased or inspected.

(Ord. of 7-22-2013, § 68.07; Ord. of 6-4-2014, § 68.07)

Within 30 days following the adoption of an amendment to this chapter, a petition signed by a number of qualified and registered voters residing in the unincorporated portion of the township equal to not less than eight percent of the total vote cast for all candidates for governor at the last preceding general election at which a governor was elected, may be filed with the township clerk requesting therein for the submission of the amendment to the electors residing in the unincorporated portion of the township for their approval.

(Ord. of 7-22-2013, § 68.08; Ord. of 6-4-2014, § 68.08)

Any amendment for the purpose of conforming to a provision of a decree of a court of competent jurisdiction as to any specific lands may be adopted by the township board and the notice of amendment published without referring same to any other board or agency.

(Ord. of 7-22-2013, § 68.09; Ord. of 6-4-2014, § 68.09)