The City Council may, following a public hearing and receipt of reports and recommendations from the City Planning Commission, enact ordinances amending, supplementing or changing the district boundaries or the regulations established in this chapter.

(Ord. 2046, passed 4-11-1968; Ord. 2616, passed 11-28-1977; Ord. 2846, passed 7-26-1982)

   When an amendment, supplement or change is sought by application, the applicant shall file in writing with the office of the City Planning Commission an application obtained from that office.

   (a)   Who may apply. An application shall be signed by either the freeholder, a contract purchaser, an option to purchase holder, or by his or her authorized agent. Agent authorization shall be in writing and filed with the application.

   (b)   Time limitation. Applications for amendment, supplement or change to the same zoning district classification or a less restricted zoning district classification on substantially the same parcel of land may not be submitted more often than once a year. A determination, either approving or rejecting the zoning change must be made by the City Council within six months after receiving a recommendation from the Planning Commission.

(Ord. 2046, passed 4-11-1968; Ord. 2616, passed 11-28-1977)

   (a)   In all cases, the matter of changes or amendment to this chapter shall first be referred to or taken up by the Planning Commission for investigation and study and preparation of its tentative report and recommendation. The Commission shall hold a public hearing on the tentative report, changes or amendments, giving not less than 15 days’ notice thereof in official paper or papers of general circulation in the City. In the cases of an individual property or several adjacent properties which are proposed for rezoning, notice of the proposed rezoning and hearing shall be given to the owners of the property in question at least 15 days before the hearing.

   (b)   In addition, for zoning amendments, not less than seven days’ written notice shall be delivered personally or by ordinary mail, addressed to the last address shown on the assessment rolls of the City, to any persons owning property within the radius of 300 feet from any part of the property sought to be rezoned. Written notices shall set forth the property sought to be rezoned, stating its legal description or permanent parcel number and the street number, or if there is no number, the geographical location with reference to adjacent streets, the zoning change. Property owners outside of the 300 feet shall be heard at such hearing. The requirements herein set forth relative to the written notice to property owners within the 300-foot radius shall be deemed owners within the 300-foot radius shall be deemed directory rather than mandatory, notwithstanding anything in this chapter which might be construed to the contrary, and no amendment to this chapter shall be held invalid if there has been substantial compliance with this requirement.

   (c)   After completion of the hearing before the Planning Commission, the Planning Commission shall prepare its final report and recommendation and submit the same to the City Council at its first regular meeting in the fourth week following the meeting of the Planning Commission at which the report is made final. If there is no regular meeting of the City Council in the fourth week, then the final report shall be received at the next regularly scheduled meeting. The receipt of the final report shall be noticed in the minutes of the City Council.

(Ord. 2046, passed 4-11-1968; Ord. 2555, passed 4-26-1976; Ord. 2616, passed 11-28-1977; Ord. 2846, passed 7-26-1982)

   (a)   Review process; standards.

      (1)   Notwithstanding anything to the contrary contained in this chapter and to secure compliance with Act 638 of the Public Acts of 1978, being MCLA §§ 25.581 et seq., and MSA §§ 5.2931 et seq., in the chapter pertinent to “special land uses, conditional uses” and/or “planned unit developments, community development projects” or concepts in this chapter under different terminology designed to accomplish similar objectives of a reviewing process, hereafter such reviewing process is delegated to the Planning Commission. Any site plan review required pertinent to the foregoing is also hereby similarly delegated to the Planning Commission. Any site plan review required pertinent to the foregoing is also hereby similarly delegated, notwithstanding any other applicable provisions of this chapter or any other ordinance of the City to the contrary.

      (2)   In addition to specific standards which may be applicable, the following standards shall serve as the basis for decisions involving special land uses, planned unit developments, and other discretionary decisions contained in this chapter. The proposed use or activity shall:

         a.   Be compatible with adjacent uses of land;

         b.   Be consistent with and promote the intent and purpose of this chapter, the Master Plan and other adopted renewal plans;

         c.   Be compatible with the natural environment;

         d.   Be consistent with the capabilities of public services and facilities affected by the proposed use; and

         e.   Protect the public health, safety and welfare.

   (b)   Applications for conditional uses and community development projects.

      (1)   Filing of applications. Any application under the provisions of this chapter may be taken by any property owner, or option holder with the consent of the property owner, or by a tenant, or by a governmental officer, department, board or bureau. Such applications shall be filed with the Building Inspector, who shall transmit the same to the designated Planning Official.

      (2)   Report. The designated Planning Official shall investigate the application and submit a report thereto, together with his or her recommendation to the Commission.

      (3)   Hearings. The Commission shall fix a reasonable time for the hearing of the application for a conditional use permit or community development project, give 15 days’ public notice thereof in an official newspaper or paper of general circulation in the City, as well as notice to the parties in interest, and decide the same within a reasonable time. Each application shall be accompanied by a check, payable to the Treasurer of the City, or a cash payment, to cover the cost of publication, posting and hearings. The amount shall be established from time to time by resolution of the City Council, kept on file by the City Clerk, and contained in Appendix A of the City Code. At the hearings, any party may appear in person or be represented by an agent or attorney. Parties of interest shall include the applicant and all owners of record of any real property within 300 feet of the premises in question. The owners of record for the purposes hereof shall be those persons appearing on the assessment rolls of the City. The required notice shall be delivered personally or by mail addressed to the respective owners at the address given on the last assessment roll.

      (4)   Decision of Commission. The Commission shall decide all applications and appeals within 30 days after the final hearing thereon. A certified copy of the Commission’s decision shall be transmitted to the applicant and to the Building Inspector. Such decision shall be binding upon the Building Inspector and observed by him or her and he or she shall incorporate the terms and conditions of the same in the permit to the applicant, whenever a permit is authorized by the Commission. The decision of the Commission is appealable to the Zoning Board of Appeals by either the applicant or by 20% of the owners of real property within 300 feet of the premises in question.

(Ord. 2846, passed 7-26-1982; Ord. 3043, passed 8-24-1987; Ord. 3080, passed 10-24-1988; Ord. 3429, passed 2-8-1999)

   Where an individual, partnership, limited partnership, corporation or any other organization has gone before the Planning Commission to seek a change in a zoning ordinance for a specific parcel or property, and the requested change is rejected by the City Council: before a subsequent request to the Zoning Administrator or his or her designee regarding any portion of the same parcel of property can be approved, actual notice must be sent to all persons living within 300 feet of the property in question. If any appeal is not filed pursuant to § 50-159 within 20 days of the actual notice, the Zoning Administrator or his or her designee may then act upon the requested use.

(Ord. 3104, passed 7-24-1989)

   (a)   At the meeting at which the final report for the Planning Commission is received, the Chief Legal Officer shall present for introduction and public hearing an ordinance effectuating the zoning changes recommended by the Planning Commission and, in cases of unfavorable action by the Planning Commission, effectuating the zoning change sought by the applicant.

   (b)   Notice of such public hearing before the City Council stating the time and place of the hearing shall be published in an official paper of general circulation in the City not less than 15 days prior to the public hearing. Not less than 15 days’ notice of the time and place of the hearing shall be given by registered United States mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected. After second reading, ordinance and map shall be published as required by law.

   (c)   The City Council may adopt such proposed change, supplement or amendment in the form submitted to it, or with amendments, or may refer the matter back to the Planning Commission; provided, that in case of protest against a proposed amendment, supplement or change be presented, duly signed by the owners of 20% or more of the frontage proposed to be altered, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, the amendment shall not be passed except by three-fourths vote of the City Council.

   (d)   If an ordinance effectuating a zoning change fails of passage after the public hearing before the City Council, or is referred back to the Planning Commission, rezoning of the lot or parcel in question shall not take place, under any circumstances, except upon compliance with the procedures set forth in § 50-151.

(Ord. 2046, passed 4-11-1968; Ord. 2616, passed 11-28-1977)

   An applicant for an amendment, supplement or change of zoning shall pay a sum to the office of the Planning Commission at the time the application is filed, to cover the cost of processing the same. This sum shall be established from time to time by resolution of the City Council, kept on file by the City Clerk, and contained in Appendix A of the City Code.

(Ord. 2046, passed 4-11-1968; Ord. 2616, passed 11-28-1977; Ord. 3043, passed 8-24-1987; Ord. 3080, passed 10-24-1988; Ord. 3429, passed 2-8-1999)

   Whenever the City Council has taken under advisement a change or amendment to the zoning map from a less restricted district to a more restricted district classification, as evidenced by resolution of record, no zoning certificate or building permit shall be issued within 30 days from the date of such resolution which would authorize the construction of a building or the establishment of a use which would become nonconforming under the contemplated redistricting plan.

(Ord. 2046, passed 4-11-1968)