Three Oaks Township
City Zoning Code
City Zoning Code
ARTICLE XX
Amendments
§ 380-20.01 Initiation.
Amendments to this chapter may be initiated by the Township Board upon its own motion, by the Planning Commission, or may be proposed for consideration by the petition of the owners of property which would be involved or affected by such change or amendment. All proposed amendments not originating with the Planning Commission shall first be referred to the Planning Commission for study, review and recommendation.
§ 380-20.02 Planning Commission procedures.
Amendments to this chapter, after review and recommendation of the Planning Commission, may be adopted and enacted by the Township Board. The procedures to be followed in the enactment of an amendment to this chapter are those prescribed by the Michigan Zoning Enabling Act, PA 110 of 2006.[1]
A.
Application for amending this chapter. An applicant, the Township Board or Planning Commission, upon its own action, may initiate an application for amending this chapter text or map. An application (on a form provided by the Township) shall be filed with the Zoning Administrator, who shall immediately transmit the application to the Planning Commission if the application did not originate from the Planning Commission.
B.
Planning Commission public hearing required. Upon receipt of an application for a zoning amendment, a notice that a request for zoning amendment has been received and that a public hearing will be held shall be provided in accord with § 380-21.06.
C.
Basis for evaluating zoning ordinance text and map amendments. The recommendation of the Planning Commission on an application for a zoning ordinance text or map amendment shall consider the following standards:
(1)
Whether the proposed amendment will be in substantial conformance with the Three Oaks Township Master Plan;
(2)
In the case of a Zoning Map amendment, whether the ordinance provides for a reasonable use of the property as it is currently zoned;
(3)
In the case of a Zoning Map amendment, whether there are other, more appropriate locations for the requested zoning designation in the Township;
(4)
In the case of a Zoning Map amendment, whether the proposed use and all possible permitted and special land uses will be compatible and in keeping with the character of the surrounding area; and
(5)
Any such other standards contained in this chapter which relate to the matters under consideration.
D.
Planning Commission review and recommendation. Following the public hearing, the Planning Commission shall review the application for the amendment and comments received at the public hearing, the site plan, and other materials submitted in relation to the application, and recommend approval or denial of the application to the Township Board in a timely manner. The Planning Commission may table the matter to gather additional information. The decision shall be incorporated in a statement of findings and conclusions relative to the amendment under consideration. The decision shall specify the basis for the decision, and any special circumstances considered in arriving at the recommendation, as set forth in Subsection C of this section. Immediately upon action by the Planning Commission, the application and all supporting documentation, including the written report of the Planning Commission, shall be transmitted to the Township Clerk for inclusion on the Township Board agenda.
E.
County Planning Commission review. Upon an action duly approved by the Planning Commission, the secretary of the Planning Commission shall inform the Berrien County Planning Commission of such action, in accord with the provisions of the Michigan Zoning Enabling Act, PA 110 of 2006.
[1]
Editor's Note: See MCLA § 125.3101 et seq.
§ 380-20.03 Township Board review and approval.
Upon receipt of a recommendation by the Township Planning Commission and upon receipt of the Berrien County Planning Commission review, the Township Board shall cause the action to be scheduled for Township Board consideration and action. Prior to consideration of an action to approve or deny a request to amend this chapter, the Township Board shall consider the report and recommendation of the Planning Commission and Berrien County Planning Commission. The Township Board may provide for an additional public hearing.