§ 19.5. Zoning ordinance amendments.

1.

Amendments may be for either zoning district boundary changes or zoning text changes.

2.

The city council may, with or without recommendations from the city planning commission [now planning board—see Charter § 5-201], amend, supplement or change the regulations or the district boundaries of this ordinance pursuant to the authority and according to the procedures set forth in Public Act No. 110 of 2006, the Michigan Zoning Enabling Act, MCL 125.3101 et seq., as amended. Whenever a petitioner requests a zoning district change, he shall be the fee holder owner of the premises concerned or else have the fee holder owner also subscribe to his petition.

3.

For any proposed amendments (text or boundary), the planning commission [now planning board—see Charter § 5-201] shall hold a public hearing as provided in Public Act No. 110 of 2006, the Michigan Zoning Enabling Act, MCL 125.3101 et seq., as amended. After the public hearing has been closed, the planning commission [now planning board—see Charter § 5-201] shall submit a report and recommendations to the city council on the proposed amendment.

a.

In the case of a text amendment, the city clerk shall post notice of public hearing in a newspaper of general circulation within the city not less than 15 days before the next regular meeting of the city planning board. In the case of rezonings, the city clerk shall further notify the applicant and all residents and owners of real property within 300 feet, regardless of municipal boundaries, of any parcel upon which a petition for amendment of zoning has been filed, of the time and place of all public hearing at which such petition for rezoning will be considered. Provided further, such notice of public hearings shall be given by first class United States mail, deposited at a United States Post Office at least 15 days prior to the date of the hearing. The notice shall include a description of the nature of the request, indicate the property that is the subject of the request by street address, state when and where the request will be considered and indicate when and where written comments can be received. The notice shall also include the places and times at which the tentative text and any maps of the zoning ordinance may be examined.

b.

If the name of the occupant is not known, the term "occupant" may be used in making notification under this subsection. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. In structures containing four or fewer dwelling units, only one occupant of each unit must be given notice for a public hearing.

c.

The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.

d.

If 11 or more adjacent properties are proposed for rezoning, it is not required that the notice be provided to the recipients listed in subsection 19.5.3.a., and further, the notice need not contain the individual addresses of properties required to be listed under subsection 19.5.3.c.

e.

The city clerk shall give similar notice of the time and place of such hearing to each public utility company owning or operating any public utility, railroad within the district or zones affected or telecommunication providers within the district or zones that registered its name and address to receive such notice.

f.

Prior to making a decision at the next regularly scheduled city council meeting, the council must provide a hearing to any person requesting it. The city council shall consider the proposed amendment and may take the following actions on a zoning amendment:

(1)

Approve the proposed amendment by a majority vote.

(2)

Deny the request by a majority vote.

(3)

Hold a public hearing on the matter before reaching a decision.

(4)

Consider changes to the proposed amendment. The city council may refer any proposed amendments back to the planning board for consideration and comment within a time specified by the city council.

(Ord. No. 389, 12-12-2006; Ord. No. 427, § 15, 1-14-2016)