§ 2.50. Amendment Criteria.

A.

For amendment requests to add uses to a zoning district, the planning commission and city council shall use the following as a guide:

1.

The proposed use is not already provided for elsewhere in the Ordinance.

2.

The proposed use is compatible with uses already permitted in that district.

3.

The proposed use relates well with the city's land use plan and/or master plan.

4.

The proposed use relates well with the spirit and intent of this Ordinance, and with the objectives of the zoning district.

5.

The proposed use is properly located in the district.

6.

The proposed use is most appropriate in the district if permitted by special conditional land use permits.

7.

There is a need to add the proposed use.

B.

For amendment requests to change or to add additional regulations or standards to a district or a use, the planning commission and city council shall use the following as a guide:

1.

The proposed rule, change, or addition helps to reinforce the land use plan and/or master plan.

2.

The proposed rule, change, or addition is in keeping within the spirit and intent of this Ordinance, and with the objectives of the zoning district.

3.

The problem or issue which the change is intended to address cannot be accomplished in another, more appropriate fashion.

4.

The proposed amendment would correct an error in the Ordinance.

5.

The proposed amendment would clarify the intent of the Ordinance.

6.

Documentation has been provided indicating problems and conflicts in implementation or interpretation of specific sections of this Ordinance.

7.

The proposed amendment would address changes to state or federal legislation.

8.

The proposed amendment would address potential legal issues or administrative problems with this Ordinance based on recent case law or opinions rendered by the Attorney General of the State of Michigan.

9.

The proposed amendment would promote compliance with changes in other city ordinances and/or county, state, or federal regulations.

10.

The proposed amendment is supported by the findings or reports, studies, or other documentation on functional requirements, contemporary building practices, environmental requirements, and similar technical items.

11.

Other criteria as determined by the planning commission or city council which would protect the health, safety, and welfare of the public, protect public and private investment in the city, promote implementation of the goals and policies of the land use plan and/or master plan, and enhance the overall quality of life in the city.

C.

For amendment requests to change, create, extend, or reduce a mapped zoning district, the planning commission and city council shall use the following as a guide:

1.

The proposed zoning district is more appropriate than any other zoning district, or more appropriate than adding the desired use as a conditional land use in the existing zoning district.

2.

The property cannot be reasonably used as zoned, and the applicant cannot receive a reasonable return on investment through developing the property with one (1) of the uses permitted under current zoning.

3.

The proposed zone change is supported by and consistent with the goals, policies, and future land use maps of the adopted city land use plan and/or master plan, including any subarea or corridor studies. If conditions have changed since the master plan was adopted, as determined by the planning commission, the consistency with recent development trends in the area shall be considered.

4.

The proposed zone change is compatible with the established land use pattern, surrounding uses, and surrounding zoning in terms of land suitability, impacts on the environment, density, nature of use, traffic impacts, aesthetics, infrastructure, and potential influence on property values, and is not consistent with the needs of the community.

5.

All the potential uses allowed in the proposed zoning district are compatible with the site's physical, geological, hydrological, and other environmental features.

6.

The change would not severely impact traffic, public facilities, utilities, and the natural characteristics of the area, or significantly change population density, and would not compromise the health, safety, and welfare of the city. The planning commission may require a general impact assessment in accordance with the requirements of this Ordinance if it determines the proposed zoning change could have a negative impact upon traffic, public facilities, utilities, natural characteristics, population density, or other concerns.

7.

The rezoning would constitute and create an isolated and unplanned "spot zone" granting a special privilege to one land owner not available to others.

8.

The change of present district boundaries is consistent in relation to existing uses, and construction on the site will be able to meet the dimensional regulations for the proposed zoning district listed in the schedule of regulations.

9.

There has been a change of conditions in the area supporting the proposed rezoning.

10.

Adequate sites are neither properly zoned nor available elsewhere to accommodate the proposed uses permitted in the requested zoning district.

11.

There was a mistake in the original zoning classification.

12.

The request has not previously, within the past one (1) year been submitted, unless conditions have changed or new information has been provided.

D.

Any 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 referral thereof to any other board or agency.