(A) Generally. The Township Board may amend the regulations and provisions stated in the text of this chapter and the boundaries of zoning districts shown on the zoning district may be amended, supplemented or changed by ordinance the Township Board in accordance with the applicable zoning enabling legislation of the state.
(B) Initiation of amendments. Proposals for amendments, supplements or changes may be initiated by the Township Board of its own action, by the Planning Commission or by petition of one or more owners, or their agents, of property to be affected by the proposed amendment.
(C) Amendment procedures.
(1) Petition to Township Board. Each petition by one or more owners, or their agents, for an amendment shall be submitted upon an application of standard form to the Township Clerk. A fee as established by the Township Board shall be paid at the time of application to cover cost of necessary advertising, for public hearings, for use of a standard amendment sign and investigation of the amendment request. The Clerk shall transmit the application to the Planning Commission for recommendation action.
(2) Recommendation. The Planning Commission shall consider each proposal for amendment in terms of its own judgment on particular factors related to the individual proposal and in terms of the likely effect of such proposal upon the development plan for the community. The Planning Commission may recommend any additions or modifications to the original amendment petition.
(3) Public hearing. Before deliberation on any proposal, the Planning Commission shall conduct at least one public hearing, notice of the time and place of which shall be given by one publication in a newspaper of general circulation in the community, the notice to be printed not less 15 days before the date of such hearing.
(a) Not less than 15 days’ notice of the time and place of such hearing shall also be given to each public utility company servicing the community, and which has registered its name and mailing address for the purpose of receiving such notice, and to each railroad company servicing the community and to each railroad within the zone affected.
(b) The notice shall include the places and times at which the tentative text and/or map amendment to the zoning regulations may be examined. Letters of notice shall also be mailed at least 15 days prior to the hearing to all property owners of record within 300 feet of a requested rezoning and to the owners of the subject property.
(D) Township Board.
(1) Upon receipt of the Planning Commission’s recommendation, the Township Board shall review said recommendations. If the Township Board shall deem that any amendments, changes, additions or departures are advisable to the proposed ordinance amendment recommended by the Planning Commission, it shall refer the same back to the Planning Commission for a report thereon within a time specified by the Township Board.
(2) After receiving the proposed amendment recommendations heretofore specified, the Township Board shall grant a hearing on the proposed amendment to any property owner who has filed a written request to be so heard and shall request the Planning Commission to attend such hearing.
(3) Thereafter, the Township Board may deny, or adopt the amendment with or without any changes.
(E) Resubmittal. No application for a rezoning which has been denied by the Township Board shall be resubmitted for a period of one 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.
(Prior Code, § 15.1603) (Ord. eff. 12-1-2019)