Section
20.01 Purpose and Intent
The purpose of the Zoning
Ordinance for establishing and maintaining sound, stable and desirable
development within the territorial limits of the Township. It is not intended that the Zoning Ordinance
be amended except to correct an error in the Zoning Ordinance, because of
changed or changing conditions in a particular area in the Township generally,
to conform with changes to the Comprehensive Plan and/or other ordinances of
the Township, to meet public need for new or additional land uses in areas so
contemplated by the Comprehensive Plan, or to further protect the environment,
neighborhoods, public infrastructure or other public investment in the
Township.
Section
20.02 Initiation of Amendments
Only the Township Board may approve
All proposed amendments to
the Zoning Ordinance shall be referred to the Planning Commission for review,
public hearing, and recommendation as required by the Michigan Zoning Enabling
Act, PA 110 of 2006, before action may be taken thereon by the Township Board.
A. Application: A petitioner shall submit a completed and
signed application to amend the Zoning Ordinance, along with the appropriate
fees, to the Zoning Administrator in the following manner:
1. Rezoning. If the application is to rezone one (1) or
more parcels of land, the petitioner shall submit the following information:
a. A
legal description of the property, including a street address and tax code
number(s).
b. A
scaled map of the property, correlated with the legal description, and clearly
showing the property's location.
c. The
name and address of the petitioner, the record owner and all other parties
claiming an interest in said property.
d. The petitioner’s
interest in the property, and if the applicant is not the owner, the name and
address of the record owner(s) and the record owner(s) and other parties signed
consent to the petition. The consent of
mortgagees, lienors, and similar such parties shall not be required.
e. Date
of filing with the Zoning Administrator.
f. Signature(s)
of petitioner(s) and owner(s) certifying the accuracy of the required
information.
g. The
desired change and reasons for such change.
Note: If a
rezoning request involves more than one (1) parcel of land, a separate
application shall be required for each non-contiguous parcel.
2. Text
Amendment. If a petition involves a
request for a change in the text of the Zoning Ordinance, the petitioner shall
submit the following information:
a. A
detailed statement of the proposed amendment, clearly and completely setting
forth all proposed provisions and regulations, including all changes in the
zoning ordinance necessary to accommodate the proposed amendment.
b. Name
and address of the petitioner.
c. Reasons
for the proposed amendment.
The
Zoning Administrator shall review the application form to ensure it is
complete. Any application not properly
filed or complete shall be returned to the applicant. Complete applications shall be transmitted to
the Planning Commission for its review.
Note
that the Planning Commission or Township Board shall not be required to
complete an application as noted in Section 20.03 A of this Article for text
amendments or rezonings.
B. Review Procedure. All proposed text
1. Text Amendments.
a. Planning
Commission, First Review. Following
their review of a proposed text amendment(s), the Planning Commission shall
schedule a public hearing and provide notice as provided herein. At the conclusion of the public hearing, the
Secretary of the Planning Commission shall submit to the Township Board the
proposed text amendment(s), the minutes of the public hearing including all
public comments at which the proposed text amendment was considered, and any
other supporting information.
b. Township
Board, First Review. The Township Board
shall review the proposed text amendment(s) and supporting information. Following their review, the Township Clerk
shall refer the proposed text amendment(s) to the Planning Commission for their
consideration, as well as a written report of the Board’s findings. The report shall indicate the Township
Board’s position on the proposed text amendment(s). Note that the report may instruct the
Planning Commission to make specific changes to a proposed text amendment(s).
c. Planning
Commission, Second Review. The Planning Commission shall review the report from the
Township Board, supporting information, and make changes if requested by the
Board. In reviewing a proposed text
amendment(s), the Planning Commission shall identify and evaluate all factors
relevant to the application, and shall report its findings in full along with
its recommendations for disposition of the application, to the Township Board
within a period of sixty (60) days.
Upon
receipt of the report from the Township Board, the Planning
Commission shall submit the proposed text amendment to the Livingston County
Department of Planning for review and recommendation. If the recommendation of the Livingston
County Department of Planning has not been received by the Township within
thirty (30) days, it shall be conclusively presumed that the County has waived
its right for review and recommendation.
d. Action of the Township Board. Upon receipt of a recommendation on a proposed
text amendment(s) from the Planning Commission, the Township Board shall at any
regular meeting or at any special meeting called for that purpose, vote upon
the adoption of the proposed text amendment(s).
Pursuant to the Michigan Zoning Enabling Act, Public Act 110 of 2006, the Township Board may refer proposed text amendment(s) to the Planning
Commission for consideration and comment, which shall have thirty (30) days
from and after such referral in which to make further recommendation to the
Board, after which the Township Board shall take such action as it
determines. In the event that an
application is referred back to the Planning Commission, the Township Board
shall make specific mention of its objections of the Planning Commission’s
findings and recommendations.
2. Rezonings.
a. Planning
Commission, First Review. Following its
review of a proposed rezoning request, the Planning Commission shall schedule a
public hearing and provide notice as provided herein. At the conclusion of the public hearing, the
Planning Commission shall submit the proposed
rezoning to the Livingston County Department of Planning for review and
recommendation. If the recommendation of
the Livingston County Department of Planning has not been received by the
Township within thirty (30) days, it shall be conclusively presumed that the
County has waived its right for review and recommendation.
Following
the public hearing the Planning Commission shall identify and evaluate all
factors relevant to the application, and shall report its findings in full
along with its recommendations for disposition of the application, to the
Township Board within a period of sixty (60) days. The matters to be considered by the Planning
Commission shall include, but shall not be limited to the following:
i. What, if any, identifiable conditions related to the
application have changed which justify the proposed rezoning?
ii. What are the precedents and the possible effects of such
precedent, which might result from the approval, or denial of the petition?
iii. What is the impact of the rezoning on the ability of the
Township 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 rezoning is approved?
iv. Does the requested rezoning adversely affect environmental
conditions, or the value of the surrounding property?
v. Does the petitioned district change generally comply with
the adopted Township Comprehensive Plan?
vi. Can the property in question be put to a reasonable economic
use in the zoning district in which it is presently located?
Findings of Fact. All findings of fact shall be made a part of
the public records of the meetings of the Planning Commission. The Planning Commission shall transmit its
findings of fact to the Township Board.
Outside Agency Review. In determining the above mentioned findings
of fact the Planning Commission may solicit information and testimony from
officials of, but not limited to, the following agencies: County Health
Department, County Road Commission, County Drain Commission, any school
district affected, and County Planning Department.
b. Action of the Township Board. Upon receipt of a recommendation on a proposed
rezoning from the Planning Commission, the Township Board shall at any regular
meeting or at any special meeting called for that purpose, consider said
findings of fact and recommendation and vote upon the adoption of the proposed
rezoning. Pursuant to the Michigan
Zoning Enabling Act, Public Act 110 of 2006, the Township Board may refer any
proposed rezoning to the Planning Commission for consideration and comment,
which shall have thirty (30) days from and after such referral in which to make
further recommendation to the Board, after which the Township Board shall take
such action as it determines. In the
event that an application is referred back to the Planning Commission, the
Township Board shall make specific mention of its objections of the Planning
Commission’s findings and recommendations.
Note that the Township Board
shall not approve any proposed text amendment(s) or rezoning until after a
public hearing has been conducted and the Planning Commission has provided the
Township Board its recommendation.
C. Notice of Hearing. The Planning Commission shall hold at least
one (1) public hearing for any proposed text amendment or rezoning within
forty-five (45) days of the date of filing the completed application. The Township Clerk or Zoning Administrator
shall give notice of the public hearing in the following manner:
1. One
(1) notice shall be published in a newspaper of general circulation in the
Township not less than fifteen (15) days before the public hearing.
2. Notices shall do all of the following:
a. Describe the nature of the request.
b. Indicate
the property that is the subject of the request. The notice shall include a listing of all
existing street addresses within the property.
Street addresses do not need to be created and listed if no such
addresses currently exist within the property.
If there are no street addresses, other means of identification may be
used.
c. State
when and where the public hearing will be considered.
d. Indicate
when and where written comments will be received concerning the request.
e. Indicate
the places and times at which the proposed text amendment or rezoning may be
examined.
3. For any proposed rezoning, a notice shall also be delivered by mail, or
personally to:
a. The
applicant and owner(s) of the property proposed for rezoning.
b. All
persons to whom real
property is assessed within three hundred (300) feet of the boundary of the
proposed rezoned property.
c. To
the occupants of all structures in and within three hundred (300) feet of the property proposed to be
rezoned regardless of whether the property or occupant is located within the
Township. If the name of the occupant is not known, the
term “occupant” may be used in making notification.
d. Each
electric, gas, pipeline public utility company, each telecommunication service
provider, each railroad operating within the district or zone affected, and the
airport manager of each airport, that registers its name and mailing address
with the Planning Commission for the purpose of receiving the notice.
4. If
the notice is delivered by mail, the Township shall maintain an affidavit of
mailing.
5. Requirements
of written notice to property owners shall not apply to comprehensive revision
to the Zoning Ordinance.
Section 20.04 Conformance
to Court Decree
Any amendment for the
purpose of conforming a provision of the Zoning Ordinance to the decree of a
court of competent jurisdiction may be adopted by the Township Board and the
notice of the adopted amendment published without referring the amendment to
any other board of agency,
Section
20.05 Publication
of Notice of Ordinance Amendments
Following adoption of
subsequent amendments to the Zoning Ordinance by the Township Board, one (1)
notice of adoption shall be published in a newspaper of general circulation in
the Township within fifteen (15) days after adoption. The notice shall include the following
information:
A. Either
a summary of the regulatory effect of the amendment including the geographic
area affected, or the text of the amendment.
B. The
effective date of the amended Ordinance.
C. The
place and time where a copy of the amended Ordinance may be purchased or
inspected.
A
copy of the notice shall also be mailed to the airport manager of any airport
that received a notice as described herein.
No application for a
rezoning which has been denied by the Township Board shall be resubmitted for a
period of one (1) year from the date of the last denial, except on grounds of
newly‑discovered evidence or proof of changed conditions found upon
inspection by the Township Board to be valid.
Section
20.07 Comprehensive
Review of Zoning Ordinance
The Planning Commission
shall, from time to time at intervals of not more than five (5) years, examine
the provisions of this Ordinance and the location of zoning district boundary
lines and shall submit a report to the Township Board recommending changes and
amendments, if any, which are deemed to be desirable in the interest of public
health, safety and general welfare.
An application fee shall be
established by resolution of the Township Board. If the applicant is the Planning Commission
or Township Board, no fee shall be charged.