Initiation of amendments.
An amendment to this chapter may be initiated by the Township Board, the Planning Commission or by any interested person.
Amendments in text of chapter.
A. If amendments in the text of this chapter are proposed by the Township Board or the Planning Commission, the application form for such an amendment shall not be required. If a text amendment is proposed by the Township Board, the Planning Commission shall convene a hearing, with the required notice, and shall recommend to the Township Board as to whether the amendment should or should not be adopted or whether it should be adopted with specified changes.
B. If a text amendment is proposed by an interested person, the applicant shall complete and submit an application form, with the required fee, and make the required deposit in a zoning escrow account for reimbursement to the Township of its expenses in the matter. If the Zoning Administrator determines that the proposed amendment is of sufficiently general application in the Township, the application fee and/or the zoning escrow account deposit may be waived.
C. An application by an interested person for a text amendment shall state the reasons and grounds for the proposed amendment and its anticipated effect, if adopted. The application may include other information offered in support of the proposed amendment.
Amendments in Zoning Map.
A. If amendments in the Zoning Map of this chapter are proposed by the Township Board or the Planning Commission, the application form for such an amendment shall not be required. If a Zoning Map amendment is proposed by the Township Board, the Planning Commission shall convene a hearing, with the required notice, and shall recommend to the Township Board as to whether the amendment should or should not be adopted or whether it should be adopted with specified changes.
B. If an amendment in the Zoning Map of this chapter is proposed by an interested person, the applicant shall complete and submit an application form, with the required fee, and make the required deposit in a zoning escrow account for reimbursement to the Township of its expenses in the matter.
C. An application by an interested person for a Zoning Map amendment shall state the reasons and grounds for the proposed amendment and its anticipated effect, if adopted. The application may include other information offered in support of the proposed amendment.
D. The application shall include a fully dimensioned drawing showing the land proposed for rezoning, a legal description of the land, the current zoning district of the land and the zoning district(s) of the abutting lands.
Consideration of proposed amendment.
A. After a complete application for an amendment in this chapter has been submitted, and following review thereof by the Zoning Administrator, a public hearing by the Planning Commission on the proposed amendment shall be scheduled; provided, however, that if the amendment is a text amendment proposed by an interested person, the Planning Commission, after consideration at a public meeting, may determine not to convene a public hearing thereon, and thereby not consider further the proposed text amendment.
B. The required notice of a Planning Commission public hearing shall be given as to applications for amendments on which the Planning Commission determines to convene a public hearing. The Commission shall convene a public hearing on all applications for amendments in the Zoning Map.
C. The Planning Commission shall hold the public hearing. The Commission shall receive such public comment and review such reports and other materials as it deems appropriate in the circumstances. In considering a proposed amendment, the Commission may make changes therein, except such changes which are so substantially material that another public hearing, with revised public notice, should be convened.
D. After the public hearing, the Planning Commission shall make a recommendation to the Township Board as to whether the amendment should be adopted, not be adopted or adopted with specified changes.
E. After receiving the Planning Commission's recommendation on a proposed amendment, the Township Board shall consider the amending ordinance at a public meeting.
(1) The Township Board may hold a public hearing on the amending ordinance if it determines to do so, but a hearing shall be held in the case of an amendment for the rezoning of land to a planned unit development.
(2) If the Township Board holds a public hearing on a chapter amendment, notice thereof shall be given in the same manner as required for a Planning Commission public hearing on an ordinance to amend the text of this chapter or the Zoning Map.
F. If an interested property owner requests a hearing by the Township Board on a proposed chapter amendment, and if such request is in writing and is sent by certified U.S. Mail, addressed to the Township Clerk, then the Township Board shall convene such a hearing. In that case, written notice of the date, time, place and purpose of the hearing shall be given to the requesting property owner in the same manner and to the same extent that notice of a Planning Commission public hearing is given to an applicant, but no other notice of the Township Board hearing need be given by publication, U.S. Mail or otherwise.
G. The Township Board may adopt an amending ordinance at any regular or special meeting by majority vote of the members of the Township Board, in the form and content as recommended by the Planning Commission or with such amendments and other changes as the Board may determine.
H. Except as otherwise provided by law, an ordinance to amend this chapter shall take effect upon the expiration of seven days after publication of the amending ordinance or seven days after publication of a summary of its provisions in a newspaper of general circulation in the Township, or at such later date after publication as may be specified in the amending ordinance. The above-stated notice of adoption shall include the following information:
(1) A summary of the regulatory effect of the amending ordinance or the entire text of the amending ordinance; if the ordinance includes an amendment of the Zoning Map, the notice shall indicate the lands affected.
(2) The effective date of the amending ordinance.
(3) The location where and the time when a copy of the amending ordinance may be inspected or purchased.
