(A) Initiation of amendments.
(1) The Village Council may, from time to time, amend, modify, supplement, or revise the zoning district boundaries shown on the official zoning map or the provisions of this chapter. Amendments to the provisions of this chapter may be initiated by the Village Council, the Planning Commission and/or Zoning Commission, as required, the Board of Appeals, the Administrative Official designated by the Village Council to enforce the ordinance or by petition of one or more residents or land owners. Amendments to the official zoning map may be initiated by the Village Council, the Planning Commission and/or Zoning Commission, as required, or by the owner or owners of the subject site.
(2) All proposed amendments to the provisions of this chapter or the official zoning map shall be referred to the Planning Commission and/or Zoning Commission, as required, for public hearing and recommendation to the Village Council prior to action by the Village Council.
(B) Application procedure.
(1) An amendment to this chapter or the official zoning map, except those initiated by the village, shall be initiated by submission of a completed application form and fee.
(2) The following information shall accompany the application form:
(a) A legal description and street address of the subject property, together with a map identifying the subject property in relation to surrounding properties;
(b) The name and address of the owner of the subject site, and a statement of the applicant’s interest in the subject site if not the owner in fee simple title;
(c) The existing and proposed zoning district designation of the subject property;
(d) The land use classification for the subject site as illustrated on the Village’s Master Plan;
(e) In the case of an amendment to this chapter, other than an amendment to the official zoning map, a general description of the proposed amendment and rationale for the change shall accompany the application form; and
(f) A written description of how the requested rezoning meets divisions (E) and (F) below.
(C) Amendment procedure; public hearing and notice.
(1) Upon initiation of an amendment, a work session and public hearing to consider the proposed amendment shall be scheduled before the Planning Commission and/or Zoning Commission, as required. Notice of the healing shall be given as required by the Michigan Zoning Enabling Act, Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 et seq., as amended).
(2) Following the public hearing, the Planning Commission and/or Zoning Commission, as required, shall identify and evaluate all factors relevant to the petition and shall report its findings and recommendation to the Village Council. The Planning Commission and/or Zoning Commission, as required, shall consider the criteria listed in division (E) below for a requested amendment to the official zoning map, and the criteria listed in division (F) below for requested amendments to the standards and regulations in the text.
(3) Following receipt of the findings and recommendation of the Planning Commission and/or Zoning Commission, as required, the Village Council shall act on the proposed amendment. In the case of an amendment to the text of this chapter, the Village Council may modify or revise the proposed amendment recommended by the Planning Commission and/or Zoning Commission, as required, prior to enactment. In the case of an amendment to the official zoning map, the Village Council shall approve or deny the amendment based on its consideration of the criteria in division (E) below.
(D) Amendments required to conform to court decree. Any amendment for the purpose of conforming to a decree of a court of competent jurisdiction shall be adopted by the Village Council and published, without necessity of a public hearing or referral thereof to any other board or agency.
(E) Criteria for amendment of the official zoning map. In considering any petition for an amendment to the official zoning map, the Planning Commission and/or Zoning Commission, as required, and Village Council shall consider the following criteria in making its findings, recommendations, and decision:
(1) Consistency with the goals, policies, and future land use map of the Village Master Plan. If conditions upon which the Master Plan was developed (such as market factors, demographics, infrastructure, traffic, and environmental issues) have changed significantly since the Master Plan was adopted, as determined by the village, the Planning Commission and/or Zoning Commission, as required, and Council shall consider the consistency with recent development trends in the area;
(2) Compatibility of the site’s physical, geological, hydrological, and other environmental features with the host of uses permitted in the proposed zoning district;
(3) Evidence the applicant cannot receive a reasonable return on investment through developing the property with at least one of the uses permitted under the current zoning;
(4) The 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, density, nature of use, traffic impacts, aesthetics, infrastructure, and potential influence on property values;
(5) The capacity of the village’s infrastructure and sendees sufficient to accommodate the uses permitted in the requested district without compromising the health, safety, and welfare;
(6) The apparent demand for the types of uses permitted in the requested zoning district in the village area in relation to the amount of land currently zoned and available to accommodate the demand; and
(7) The request has not previously been submitted within the past one year, unless conditions have changed or new information has been provided.
(F) Criteria for amendment to the zoning ordinance text. The Planning Commission and/or Zoning Commission, as required, and Village Council shall consider the following criteria to determine the appropriateness of amending the text, standards, and regulations of this chapter:
(1) Documentation has been provided from village staff or the Board of Appeals indicating problems and conflicts in implementation of specific sections of this chapter;
(2) Reference materials, planning and zoning publications, information gained at seminars, or experiences of other communities demonstrate improved techniques to deal with certain zoning issues, or that the village’s standards are outdated;
(3) The Village Attorney recommends an amendment to respond to significant case law; and
(4) The amendment would promote implementation of the goals and objectives of the Village’s Master Plan.
(G) Restrictions on re-submittal of a rezoning request. An application for an amendment to the official zoning map (i.e., a rezoning request) that has been denied, shall not be reconsidered for one year, unless the applicant demonstrates that conditions have changed.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012)