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Decatur City Zoning Code

ARTICLE XI

CHANGES AND AMENDMENTS

Sec. 42-404.- Purpose.

The village may, from time to time, on recommendation from the planning commission, its own initiative or on petition, amend, supplement or change the district boundaries or the regulations herein, or subsequently established herein pursuant to the authority and procedure established in Public Act No. 110 of 2006, as amended.

(Ord. No. 202, art. 14, § 1, 11-6-2017)

Sec. 42-405. - Petition for amendments.

(a)

An amendment to this chapter is subject to a protest petition. If a protest petition is filed, approval of the amendment to this chapter shall require a two-thirds vote of the planning commission, unless a larger vote, but not to exceed three-quarters vote, is required by ordinance or Charter. The protest petition shall be presented to the planning commission before final legislative action on the amendment, and shall be signed by one or more of the following:

(1)

The owners of at least 20 percent of the area of land included in the proposed change.

(2)

The owners of at least 20 percent of the area of land included within an area extending outward 100 feet from any point on the boundary of the land included in the proposed change.

(b)

For the purposes of this section, publicly owned land shall be excluded in calculating the 20 percent land area requirement.

(Ord. No. 202, art. 14, § 2, 11-6-2017)

Sec. 42-406. - Conditional rezoning.

It is recognized that there are certain instances where it would be in the best interests of the municipality, as well as advantageous to property owners seeking a change in zoning boundaries, if certain conditions could be proposed by property owners as part of a request for rezoning. It is the intent of this section to follow the provisions of section 405, Michigan Zoning Enabling Act, Public Act No. 110 of 2006 (MCL 125.3405) by which an owner seeking a rezoning may voluntarily propose conditions regarding the use and/or development of land as part of the rezoning request.

(Ord. No. 202, art. 14, § 3, 11-6-2017)