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East Tawas City Zoning Code

ARTICLE 44

XV AMENDING THE ZONING ORDINANCE


State law reference(s)—Zoning adoption and enforcement, MCL 125.3401 et seq.

Sec 44-521 Changes And Amendments

  1. Only the city council may amend this chapter. Proposals for amendments or changes may be initiated by the city council on its own motion, by the planning commission, or by petition of one owner or more of property seeking the proposed amendment.
  2. The city council may adopt a proposed amendment, supplement or change with or without amendments, or refer same again to the planning commission for further study and report. Provided, however, that if the city council proposes to adopt any such proposal with an amendment enlarging its scope, then such proposal shall be referred again to the planning commission for further hearing, study and report on such proposal as enlarging in scope, and final action thereon shall not be taken prior to the receiving of such report from the planning commission.

(Code 1992, § 24-506; Ord. No. 304, § 1501, 6-2-2003)

Sec 44-522 Procedures

The procedure for making amendments to this chapter shall be in accordance with Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(Code 1992, § 24-507; Ord. No. 304, § 1502, 6-2-2003; Ord. No. 315, 7-24-2007)

Sec 44-523 Notice Of Hearing

The city clerk shall give notice of hearing in the manner required by Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(Code 1992, § 24-508; Ord. No. 304, § 1503, 6-2-2003)

Sec 44-524 Information Required

The petitioner shall submit a detailed description of the request to the city clerk. When the petition involves a change in the zoning map, the petitioner shall submit the following information:

  1. A legal description of the property.
  2. A scaled map of the property, correlated with the legal description, and clearly showing the property's location.
  3. The name and address of the petitioner.
  4. The petitioner's interest in the property, and, if the petitioner is not the owner, the name and address of the owner.
  5. Date of filing with the city clerk.
  6. Signature of petitioner and owner certifying the accuracy of the required information.
  7. The desired change and reasons for such change.

(Code 1992, § 24-509; Ord. No. 304, § 1504, 6-2-2003)

Sec 44-525 Steps

The following steps shall be followed in making a change under this article:

  1. Petitioner submits application and fee.
  2. The city clerk transmits application to planning commission, sets hearing date and publishes notices of hearing.
  3. Planning commission holds hearing, makes a decision, transmits decision to the city council as a recommendation to approve or not to approve the proposed amendment.
  4. City council either enacts or rejects proposed change as an ordinance amendment, and publishes the text of the change in the newspaper.

(Code 1992, § 24-510; Ord. No. 304, § 1505, 6-2-2003)

Sec 44-526 Findings Of Facts Required

  1. In reviewing any petition for a zoning amendment, the planning commission shall identify and evaluate all factors relevant to the petition, and shall report its findings in full, along with its recommendations for disposition of the petition to the city council within 60 days of the filing date of the petition.
  2. The facts to be considered by the planning commission shall include, but not be limited to, the following:
    1. Whether the requested zoning change is justified by a change in conditions since the original ordinance was adopted or by an error in the original ordinance.
    2. The precedents, and the possible effects of such precedents, which might likely result from approval or denial of the petition.
    3. The ability of the city or other government agencies to provide any services, facilities, and/or programs that might be required if the amendment petition were approved.
    4. Effect of approval of the amendment petition on the adopted development policies of the city and other government units.
  3. All findings of fact shall be made a part of the public records of the meetings of the planning commission and city council. An amendment shall not be approved, unless these and other identified facts be affirmatively resolved in terms of the general health, safety, welfare, comfort and convenience of the citizens of the city, or of other civil divisions, where applicable.

(Code 1992, § 24-511; Ord. No. 304, § 1506, 6-2-2003)