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(A) Initiation of rezoning and chapter text amendments. The city may from time to time amend, modify, supplement or delete any provision of this chapter (text amendment) or change the zoning district boundaries shown on the Official Zoning Map (rezoning) pursuant to the provisions of the state’s Zoning Enabling Act (Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 to 125.3702).
(1) Initiation of rezoning. An amendment to the zoning district boundaries contained on the Official Zoning Map (rezoning) may be initiated by the City Council, the Planning Commission, the owner or owners of property or with permission of the owner which is the subject of the proposed amendment.
(2) Initiation of text amendment. Amendments to the text provisions of this chapter may be initiated by the City Council, the Planning Commission or by petition of one or more residents or property owners of the city.
(Prior Code, § 5.190)
(B) Application procedure. A rezoning or text amendment request, except those initiated by the City Council or Planning Commission, shall be initiated by submission of a completed application on a form supplied by the city, including an application fee to cover publication, administrative costs and fees for any consultant reviews. Such fees and escrow amounts shall be established from time to time by resolution of the City Council.
(1) Application for rezoning. The following information shall accompany the rezoning application form:
(a) A legal description and street address of the subject property;
(b) A map identifying the subject property in relation to surrounding properties;
(c) The name, signature and address of the owner of the subject property; a statement of the applicant’s interest in the subject property, if not the owner in fee simple title, and proof of consent from the property owner;
(d) The existing and proposed zoning district designation of the subject property;
(e) A site analysis at a scale not less than one inch equals 100 feet or aerial photography illustrating existing conditions on the site and adjacent properties such as woodlands, wetlands, soil conditions, topography, drainage patterns, existing buildings, adjacent land uses, any sight distance limitations and access points on both sides of the streets within 200 feet of the subject site;
(f) A written evaluation to support that the request addresses consistency with the city’s Master Plan, demonstrates all uses in the requested zoning district will be compatible with the surrounding area and other similar factors; and
(g) The Planning Commission and/or City Council may require a traffic impact analysis for a rezoning that results in potential uses that would be expected to have 50 or more peak hour directional trips or 500 or more vehicle trips daily.
(2) Application for text amendment. An application for a text amendment shall include a general description and indication of the purpose of the proposed amendment.
(Prior Code, § 5.191)
(C) Rezoning and chapter amendment procedure.
(1) Pre-application conference (optional). An optional pre-applicant conference with the Zoning Administrator to review the amendments, discuss the level of environmental information, land uses and the need for a traffic study may be requested by the applicant.
(2) Public hearing. Upon initiation of a rezoning or zoning ordinance text amendment, a public hearing on the proposed amendment shall be scheduled before the Planning Commission. Notice of the hearing shall be provided in accordance with the Zoning Act.
(3) Planning Commission review and recommendation. Following the public hearing, the Planning Commission shall identify and evaluate all factors relevant to the petition and shall report its findings and recommendation to the City Council. In the case of a rezoning request, the Planning Commission shall consider the criteria in making its finding and recommendation.
(4) City Council review and action. Following receipt of the findings and recommendation of the Planning Commission, the City Council shall consider the proposed amendment.
(a) In the case of a rezoning request, the City Council shall approve or deny the request, which may be based on the consideration of the criteria for amendment of the Official Zoning Map (rezoning).
(b) In the case of a text amendment, the City Council may modify or revise the proposed amendment prior to enactment.
(5) Notice of adoption. Following adoption of a zoning map amendment (rezoning) or text amendment by the City Council, a notice will be published in accordance with the provisions of the Zoning Act and the city.
(6) Resubmittal. A petition for a rezoning or zoning ordinance text amendment that has been denied by the City Council shall not be resubmitted for a period of one year from the date of denial except on the grounds of new evidence or proof of changed conditions relating to all of the reasons noted for the denial found to be valid by the Planning Commission.
(Prior Code, § 5.192)
(D) Criteria for amendment of the official zoning map (rezoning).
(1) In considering a rezoning application, the Planning Commission and the City Council shall consider the following criteria in making their findings, recommendations and decisions:
(a) Consistency with the goals, policies and future land use map of the Charlevoix Master Plan, including all applicable subarea and corridor studies. If conditions have changed since the Master Plan was adopted, then consistency with recent development trends in the area shall be evaluated;
(b) Whether development under current zoning is impractical or less reasonable than the requested or desired zoning district given factors such as development trends;
(c) Capability of the site’s physical, geological, hydrological and other environmental features to accommodate the potential uses allowed in the proposed zoning district;
(d) Compatibility of all the potential uses allowed in the proposed zoning district with surrounding uses and zoning in terms of land suitability, impacts on the environment, noise, density, nature of use, traffic impacts, aesthetics, infrastructure, impact on the ability to develop adjacent properties under existing zoning and potential influence on property values;
(e) Capacity of city infrastructure and services sufficient to accommodate the uses permitted in the requested district without compromising the health, safety and welfare of the city;
(f) The apparent need for the types of uses permitted in the requested zoning district in the city in relation to the amount of land in the city currently zoned to accommodate that need; and
(g) Other factors as determined by the Planning Commission and the City Council.
(2) Where a rezoning is reasonable given the above criteria, a determination shall be made that the requested zoning district is more appropriate than another or by amending the list of permitted or special land uses within a district.
(Prior Code, § 5.193)
(E) Amendments required to conform to court decree. An amendment for the purpose of conforming to a decree of a court of competent jurisdiction shall be adopted by the City Council and published without necessity of a public hearing or a referral to any other commission or agency.
(Prior Code, § 5.194)
(Ord. 795, passed 11-5-2018)