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Homer City Zoning Code

AMENDMENT

§ 152.040 AMENDMENT INITIATION; FEES.

   The Council may from time to time, on recommendation from the Planning Commission, amend, modify, supplement, or revise the district boundaries or the provisions and regulations herein established whenever the public necessity and convenience and the general welfare require the amendment. The amendment may be initiated by resolution of the Council, the Planning Commission, or by petition of one or more owners of property to be affected by the proposed amendment. Except for the Council or the Planning Commission, the petitioner or petitioners requesting an amendment shall at the time of application pay a fee in the amount to be set by the Council, no part of which shall be returnable to the petitioner.
(Prior Code, § 744.01)

§ 152.041 PROCEDURE.

   (A)   Generally. The procedure for making amendments to this chapter shall be as follows.
   (B)   Specifically.
      (1)   Each petition for amendment initiated by one or more owners of property shall be submitted to the Council who shall refer it for recommended action to the Planning Commission. Amendments initiated by resolution of the Council shall also be referred to the Planning Commission for recommended action.
      (2)   After deliberations on any proposal, the Planning Commission shall conduct a public hearing, notice of the time and place shall be given by publication in a newspaper of general circulation in the village to be printed not less than 15 days before the date of the hearing. The notice shall include the places and times at which the tentative text and any maps of this chapter may be examined.
      (3)   Upon completion of the public hearings provided above, the petition, resolution, or motion shall be returned to or turned over to the Council by the Planning Commission for action in accordance with M.C.L.A. §§ 125.3101 through 125.3702, as amended.
      (4)   After receiving the proposed amendment, the Council may adopt the amendment with or without changes in accordance with the provisions and procedures of M.C.L.A. §§ 125.3101 through 125.3702.
      (5)   All provisions of this subchapter shall be subject to the provisions of the Michigan Zoning Enabling Act, being M.C.L.A. §§ 125.3101 through 125.3702, as the same may be from time to time amended, which Act is incorporated herein by reference.
(Prior Code, § 744.02)

§ 152.042 CONFORMANCE TO DECREE.

   Any amendment for the purpose of conforming a provision of this chapter to the decree of a court of competent jurisdiction or to an applicable state law or code, shall be prepared by the Planning Commission and approved by the Council without further referral to other agencies.
(Prior Code, § 744.03)