§ 150.293  GENERAL PROCEDURE.
   Except as provided in § 150.294, the procedure for proposals by owners of property shall be set forth in this § 150.293.
   (A)   Each petition by one or more owners or their agents, to amend the text or map (re-zoning) of this chapter shall be submitted upon an application of standard form to the Zoning Administrator. A fee as established by the Township Board shall be paid at the time of application. The Zoning Administrator shall transmit the application and other information to the Planning Commission for its consideration and recommendation.
   (B)   The Planning Commission shall consider each proposed amendment in terms of the likely effect of such proposal upon the development plans for the community as set forth in the Township Master Plan, as well as in terms of the merits of the individual proposal. The Planning Commission may recommend any additions or modifications to the amendment petition. Following the notice and hearing requirements of this section, the Planning Commission shall forward a recommendation on the proposed amendment along with a copy of the public hearing minutes to the Township Board and the County Planning Commission. In the event that the County Planning Commission has waived its right of review, no submission to that body shall be necessary.
   (C)   Before making a recommendation on any proposed amendments to this chapter, the Planning Commission shall conduct a public hearing, with notice being given by the township as specified in divisions (D) and (E) below. Said notice shall contain the time, place, date and purpose of the hearing, the name of the applicant, a description of the property to be rezoned and the requested zoning change or, if a text change, an outline of the proposed amendment and where and when the text of the proposed amendment may be examined.
   (D)   Notice shall be given by publication in a newspaper of general circulation in the township not less than 15 days before the date of the hearing.
   (E)   Mailed or delivered notice shall be made in accordance with the following:
      (1)   To each railroad, electric, gas, pipeline, and telephone company that registers its name and mailing address with the township for the purpose of receiving such notice. Said notice shall be made at least 15 days in advance of the hearing.
      (2)   To each owner of property as listed on the most recent tax roll of all real property located within 300 feet of the area proposed for a map amendment. An affidavit of the delivery shall be filed with the Planning Commission. Said notice shall be given not less than 15 days before the date the request will be considered.
      (3)   To each occupant(s) of all structures within 300 feet of the area proposed for a map amendment. An affidavit of the delivery shall be filed with the Planning Commission. Said notice shall be given not less than 15 days before the date the request will be considered.
      (4)   To the applicant and/or owner of the property in question.
   (F)   Following the Planning Commission's public hearing, the proposed zoning amendment(s), including zoning map(s), shall be submitted by the Planning Commission to the Dickinson County Planning Commission (unless they have waived their review) for its recommendation. Upon receipt of the Dickinson County Planning Commission's recommendation (unless waived) or expiration of 30 days, the Township Board shall review both the county and the Township Planning Commissions' recommendations.
      (1)   The Township Board may hold its own public hearing if it considers it necessary. The Township Board shall also grant a hearing on the proposed amendment(s) to any interested property owner who has filed a written request for such a hearing with the Township Clerk. Said request shall be delivered by certified mail. The Planning Commission may be requested to attend the hearing. Notice of the hearing shall be published in a newspaper of general circulation within the township. The notice shall be published not less than 15 days prior to the hearing.
      (2)   If the Township Board deems advisable any changes or additions to the amendment(s) recommended by the Planning Commission, it shall refer the changes or additions back to the Planning Commission for a report thereon within 30 days. After receiving the report, the Township Board shall grant a hearing on the proposed amendment(s) as is specified in division (F)(1) above.
   (G)   Following a hearing or review of the Planning Commission's report, the Township Board by majority vote of its membership may adopt or reject the proposed amendment(s) with or without changes. Any proposed added, significant element of regulation or proposed added land area to be changed in zoning classification, which did not do through the required public hearing process, shall be submitted through the required public hearing process before being considered for further action. A lessor portion (either regulations or land area) of a proposed amendment, which has received full public hearing consideration, may be considered for further action without a new public hearing process.
   (H)   If no effective date is specified, the amendment(s) will take effect 15 days after publication of the notice of adoption.
   (I)   The amendment(s) shall be filed with the Township Clerk and one notice of adoption shall be published in a newspaper of general circulation within 15 days after adoption. The notice shall contain:
      (1)   Either a summary of the regulatory effect of the amendment(s), including the geographic area affected, or the text of the amendment(s);
      (2)   The effective date of the amendment(s); and
      (3)   The time and place where a copy of the amendment(s) may be examined.
   (J)   An amendment for the purpose of conforming a provision of the Zoning Ordinance to the decree of a court of competent jurisdiction as to any specific land may be adopted by the Township Board and the notice of the adopted amendment published without a hearing or referring the amendments to any other board or agency provided for in this chapter.
(Ord. § 1504, passed 11-9-2015)