[Amended 6-6-1994 by Ord.
No. 94-06]
(a) Review by Planning Commission. All amendments to this chapter must
be reviewed by the City Planning Commission. Amendments may take the
form of a City Council proposal, staff-initiated recommendations or
citizen petitions, for either zoning text or zoning district boundary
changes. In any event, the Planning Commission shall hold a public
hearing as provided in Act No. 207 of the Public Acts of Michigan
of 1921 (MCL 125.581 et seq., MSA 5.2931 et seq.), as amended. After
the public hearing has been closed, the Planning Commission shall
submit a report and recommendations to the City Council on the proposed
change.
(b) Notice of hearing. Whenever the Planning Commission holds a public
hearing to consider a proposed change in the zoning district boundaries,
a written notice of such time and place for a public hearing shall
be mailed to the owners, at the address given in the last assessment
rolls, of all lots or parcels of land lying within 300 feet of the
boundaries or within lots in every direction of the area proposed
to be rezoned, whichever is the greater area. Notices of the public
hearing shall also be sent to each public utility company and each
railroad owning or operating within the districts or zones affected.
Such notices shall be delivered personally or by first class mail,
at least 15 days prior to the date of the hearing.
(c) Submission of request for amendment. A request for amendments to
this chapter shall be submitted to the City Clerk on standard forms
provided at least 15 days prior to the next regularly scheduled Planning
Commission meeting. At the next regularly scheduled meeting, the Planning
Commission shall set a date for a public hearing to receive public
comment. The standard forms shall be completed in the manner prescribed,
and such documents as required by this chapter shall be filed with
the clerk. A fee schedule, as provided by resolution of the City Council,
shall be levied against each petition to cover the cost of administering
the application process and for advertising public hearings and other
incidental costs relative to the petition. The City Clerk shall transmit
the application to the Planning Commission.
(d) Resubmission of request following denial. A zoning amendment application,
once denied by City Council, shall not be resubmitted for recommendation
or action within one year from date of denial.
(e) Protests. Upon presentation of a protest petition, an amendment to
this chapter which is the object of the petition shall be passed only
by a two-thirds vote of the Council, unless a larger vote, but not
to exceed three-fourths vote, is required by ordinance or the Charter.
The protest petition shall be presented to the Council before final
legislative action on the amendment, and shall be signed by one of
the following:
(1)
The owners of at least 20% of the area of land included in the
proposed change.
(2)
The owners of at least 20% of the area of land included with
an area extending outward 100 feet from any point on the boundary
of land included in the proposed change.