The regulations and provisions stated in the tables and text of this chapter and the boundaries of zoning districts shown on the Zoning Map of Lake Odessa may be amended, supplemented, or changed by the village council in accordance with Public Act No. 207 of 1921 (MCL 125.581 et seq.).

(Ord. No. 119, § 7.0, 8-1993)

Proposals for amendments, supplements or changes may be initiated by the village council on its own motion, by the planning commission, or by written request of (or petition of) one or more owners of property to be affected by the proposed amendment.

(Ord. No. 119, § 7.1, 8-1993)

(a)

Written request or petition to village council. Except for those initiated by planning commission or village council, all written requests by one or more owners for an amendment shall be submitted to the village council.

(b)

Referral to planning commission/public hearing. The village council shall refer every proposed amendment, supplement or change to the planning commission for the holding of a required public hearing thereon and for review and recommended action.

(c)

Planning commission recommendation. The planning commission shall consider each proposal for amendment in terms of its own judgment on particular factors related to the individual proposal and in terms of the likely effect of such proposal upon the village land use plan. The planning commission may recommend any additions or modifications to the original amendment proposal. The planning commission shall transmit a written report with recommendation within 60 working days to the village council setting forth the reasons for the acceptance, denial or modification of the amendment proposal.

(d)

Action by village council. If the village council deems any amendment, changes, additions or departures are advisable to the proposed text or district boundaries recommended by the planning commission, it shall refer the same back to the planning commission for a further report thereon within a time specified by the village council. Before any amendments shall become effective, the village council may on its own, conduct a public hearing on the proposed amendment. Thereafter, the village council may adopt the amendment with or without any changes or may refer the same again to the planning commission for further report.

(e)

Public hearing procedure and notification. For any required public hearing conducted by the planning commission or any additional public hearings by the village council on a proposed amendment to this chapter, the following procedure and notice requirements shall apply:

(1)

Notice of the public hearing shall be given by publishing said notice at least once in a newspaper of general circulation in the village, stating the time and place of such hearing and the substance of the proposed amendment, and in the event of a proposed change in the amendment, and in the event of a proposed change in the zoning map, the district boundary lines affected shall also be stated. This shall appear in said newspaper at least 15 days prior to the date set for the public hearing. Furthermore, not less than 15 days notice of the time and place of such public hearing shall first be given by United States mail to each public utility or railroad within the districts or zones affected, and a hearing be granted any person interested at the time and place specified. An affidavit of mailing shall be maintained.

(2)

Notice of the proposed zoning change shall also be made by the village clerk, with notification by first-class mail to the person or firm to whom the property is assessed, and to all persons or firms to whom property within 300 feet are assessed. An affidavit of mailing shall be maintained.

(f)

Effect of protest to proposed amendment. Upon presentation of a protest petition meeting the requirements of this subsection, an amendment to a zoning ordinance which is the object of the petition shall be passed only by a three-fourths vote of the village council. The protest petition shall be presented to the village council before final legislative action on the amendment and shall be signed by one 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.

(g)

Exclusion of publicly owned land from calculation of land area requirement. For purposes of subsection (f) of this section, publicly owned land shall be excluded in calculating the 20 percent land area requirement.

(h)

Publication of notice of adoption. Following adoption of a zoning ordinance and subsequent amendments by the village council, one notice of adoption shall be published in a newspaper of general circulation in the village within 15 days after adoption.

(i)

Contents of notice of adoption. The notice of adoption under subsection (h) of this section shall include the following information:

(1)

In the case of a newly adopted zoning ordinance, the following statement: "A zoning ordinance regulating the development and use of land has been adopted by the village council of the village of Lake Odessa."

(2)

In the case of an amendment to an existing ordinance, either a summary or the regulatory effect or the amendment, including the geographic area affected, or the text of the amendment.

(3)

The effective date of the ordinance.

(4)

The place and time where a copy of the ordinance may be purchased or inspected.

(j)

Resubmittal of application for rezoning. No application for a rezoning which has been denied by the village council shall be resubmitted for a period of one year from the date of the last denial, except on grounds of newly-discovered evidence or proof of changed conditions found upon inspection by the village council to be valid.

(k)

Comprehensive review of zoning ordinance. The planning commission shall, from time to time at intervals of not more than five years, examine the provisions of this chapter and the location of zoning district boundary lines and shall submit a report to the village council recommending changes and amendments, if any, which are deemed to be desirable in the interest of public health, safety, and general welfare.

(Ord. No. 119, § 7.2, 8-1993)