The city planning commission has been created in accordance with the provisions of Public Act No. 33 of 2008 (MCL 125.3801 et seq.) and Public Act No. 110 of 2006 (MCL 125.3101 et seq.), and in accordance with section 301 (MCL 125.3301) of the above-referenced Act shall assume the powers and duties of the zoning commission as described in Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(Ord. No. 299 of 2011, § 1101, 2-14-2011)

Only the city council may adopt or 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 an individual.

(1)

Each application or amendment shall be submitted to the zoning administrator, accompanied by the proper fee, and then referred to the planning commission for their review at a public hearing, which is held in conformance with section 50-243.

(2)

Following the public hearing, the planning commission shall submit the proposed zoning ordinance amendment and any applicable maps to the city council, along with a summary of the comments received at the public hearing.

(3)

Upon receipt of the recommended amendment, the city council at a regular meeting or at a special meeting called for the purpose, shall consider the recommendations and vote upon the adoption of the amendment. Any amendments shall be approved by a majority vote of the members of the city council, except in the case of a petition as discussed in subsection (4) of this section. The city council shall not make a change or departure from the plans, text, or maps as certified by the planning commission unless the proposed change or departure is first submitted to the planning commission for its advice or suggestions. The planning commission shall have 30 days from and after receipt of the proposed change or departure to send its report to the city council.

(4)

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 two-thirds vote of the legislative body. The protest petition shall be presented to the legislative body before final legislative action on the amendment, and shall be signed by one of the following:

a.

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

b.

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.

Publicly owned land shall be excluded in calculating the 20 percent land area requirement.

(5)

No application for amendment, which has been disapproved by the city council, shall be resubmitted for a period of one year from the date of disapproval, except as may be permitted by the city council after learning of new and significant facts or conditions which might result in favorable action upon resubmittal. Resubmittal shall follow the same procedure as outlined in this section.

(6)

If the amendment is to change the text of the ordinance, the applicant shall transmit proposed language for consideration by the planning commission. When the application involves a change in the zoning map, the applicant shall submit the following information:

a.

A legal description of the property;

b.

A scaled map of the property, correlated with the legal description, and clearly showing the property's location;

c.

The name and address of the applicant;

d.

The applicant's interest in the property;

e.

Date of filing with the zoning administrator;

f.

Signature of the applicant and owner certifying the accuracy of the required information; and

g.

The desired change and reasons for such change.

(7)

In viewing any application for a zoning amendment, the planning commission shall identify and evaluate all factors relevant to the application, and shall report its findings in full, along with its recommendations for disposition of the application, to the city council within 30 days. All findings of fact shall be made a part of the public records of the meetings of the planning commission and the city council.

(8)

The general standards to be considered by the planning commission shall include, but not be limited to, the following:

a.

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;

b.

Whether the requested zoning change is consistent with local plans and policies;

c.

The precedents, and the possible effects of such precedents, which might likely result from approval or denial of the application;

d.

The ability of the city or other government agencies to provide any services, facilities, and/or programs that might be required if the application is approved;

e.

Whether there are any significant and negative environmental impacts which would potentially occur if the requested zoning change occurred and resulting permitted structures were built, including but not limited to, surface water drainage problems, wastewater disposal problems, or the loss of locally valuable natural resources;

f.

Effect of approval of the application on adopted development policies of the city and other governmental units.

(9)

Notice of adoption of amendment shall be published in accordance with section 401 of Public Act No. 110 of 2006 (MCL 125.3401).

(Ord. No. 299 of 2011, § 1102, 2-14-2011)