The purpose of this article is to provide for the amendment of this chapter when provisions become obsolete, when identifiable conditions change in relation to the provisions of this chapter, when errors in this chapter are discovered, when changes are made in the master plan, or when the city council has determined a public interest exists.

(Ord. No. 152, 5-1-2006)

 An amendment to this chapter may be initiated by the city council, by the planning commission, or by petition of one or more persons having an interest in property located within the jurisdiction of this chapter.

(Ord. No. 152, 5-1-2006)

The city council shall establish by resolution a fee to be paid in full at the time of receipt of any petition to amend this chapter. Said fee shall be collected by the city clerk and no part shall be refundable to the applicant. No fee shall be charged when the petitioner is a governmental body.

(Ord. No. 152, 5-1-2006)

(a)   The planning commission shall adopt an application form to be completed and filed with the city clerk by the person or persons petitioning for the change. An application shall be submitted for each parcel of land which is not contiguous to any adjacent parcel of land being proposed for amendment.

(b)   The petitioner shall submit to the city clerk a complete application, not less than 45 days before any regular meeting of the planning commission.

(c)   The zoning official shall review the application for completeness. Any application not properly filed or complete shall be returned to the applicant. Complete applications shall be transmitted to the planning commission.

(d)   The zoning official shall notify the following agencies within five days of receipt of a proper application from a petitioner or introduction of an ordinance by the city council to amend this chapter, requesting their comments and recommendations:

   (1)   Each electric, gas and pipeline public utility company, each telecommunication service provider, and each railroad within the district or zone that registers the name and address of such entity with the city clerk for the purpose of receiving notice of public hearings.

   (2)   City manager and city department directors.

   (3)   City engineer

   (4)   Superintendent of Mason Public Schools.

   (5)   County drain commissioner.

   (6)   County health department.

   (7)   County road commission.

   (8)   The airport manager of each airport that registers its name and mailing address of such entity with the city clerk for the purpose of receiving notice of public hearings.

   (9)   Other governmental units and agencies deemed appropriate by the zoning official.

(e)   The above mentioned review agencies may submit comments and recommendations on the proposed amendment within 35 days of receipt of notice. If no written correspondence is received by the zoning official within said 35 calendar days, the planning commission shall presume that the review agency has no objections to the proposed rezoning.

(Ord. No. 152, 5-1-2006; Ord. No. 157, 11-6-2006; Ord. 222, § 62, 12-3-2018)

(a)   The planning commission shall hold a public hearing on the proposed amendment, not less than 45 days or more than 60, after receipt of an application or introduction of an amendatory ordinance.

(b)   The city clerk shall give notice of time and place of the public hearing pursuant to section 94-101 of this chapter and the further requirements of MCL 125.3103.

(Ord. No. 152, 5-1-2006; Ord. No. 157, 11-6-2006; Ord. No. 176, 5-4-2009)

(a)   In reviewing any application for an amendment to this chapter, the planning commission shall identify and evaluate all factors relevant to the application, and shall report its finding in full along with its recommendations for disposition of the application, to the city council within 60 days of receipt of an application or proposed amendment. The matters to be considered by the planning commission shall include the following findings of fact:

   (1)   Compliance with the master plan of the city.

   (2)   What, if any, identifiable conditions related to the proposed amendment have changed which justify the proposed amendment?

   (3)   What, if any, error in judgment, procedure or administration was made in the original chapter which justifies the petitioner's change in zoning?

   (4)   What are the precedents and the possible effects of such precedent which might result from the approval or denial of the petition?

   (5)   What is the impact of the amendment on the ability of the city and other governmental agencies to provide adequate public services and facilities, and/or programs that might reasonably be required in the future if the petition is approved?

   (6)   Does the proposed amendment adversely affect the value of the surrounding property?

   (7)   Are there any significant negative environmental impacts which would reasonably occur if the petitioned zoning change and resulting allowed structures were built? Examples include:

      a.   Surface water drainage problems.

      b.   Wastewater disposal problems.

      c.   Adverse effect on surface or subsurface water quality.

      d.   The loss of valuable natural resources, such as forest, wetlands, historic sites, wildlife, mineral deposits or valuable agricultural land.

   (8)   The ability of the property in question to be put to a reasonable economic use in the zoning district in which it is presently located.

(b)   All findings of fact shall be made a part of the public records of the meetings of the planning commission. The planning commission shall transmit its findings of fact, a summary received at the public hearing and its recommended action to the city council.

(Ord. No. 152, 5-1-2006)

Upon receipt of a report and summary of hearing comments from the planning commission, the city council may hold an additional public hearing, if it considers it necessary or, if otherwise required by law. The city council shall grant a hearing on a proposed ordinance amendment to an interested property owner who requests a hearing by certified mail addressed to the city clerk, and may proceed to adopt the amendment in accordance with the Charter provisions. The hearing at the request of an interested property owner is not subject to the requirements of section 94-101, except that notice of the hearing shall be given to the interested property owner in the manner required by subsection 94-101(2)a and (3). If the city council considers further changes desirable, which are in addition to, or departures from the proposed amendment, it may first refer the matter back to the planning commission for a further report.

(Ord. No. 152, 5-1-2006; Ord. No. 157, 11-6-2006; Ord. No. 176, 5-4-2009)

Upon presentation of a protest petition which meets the requirements of this section, an amendment to the zoning chapter which is the object of the petition shall be passed only by a two-thirds vote of the city council. The protest petition shall be presented to the city 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.

   (3)   For purposes of this section, publicly owned land shall be excluded in calculating the 20 percent land area requirement.

(Ord. No. 152, 5-1-2006)

Following adoption of a new zoning ordinance or an amendment to the existing zoning ordinance by the city council, one notice of adoption shall be published in a newspaper of general circulation in the city within 15 days after adoption. The notice 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 city council of the city of Mason".

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

   (3)   The effective date of the new ordinance or ordinance amendment.

   (4)   A copy of the notice of adoption shall be mailed to the airport manager of an airport entitled to notice under section 94-394(d)(8).

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

(Ord. No. 152, 5-1-2006; Ord. No. 157, 11-6-2006)

The amendment shall become effective immediately upon publication of the notice of adoption in a newspaper of general circulation within the city unless an effective date subsequent to publication is specifically provided in the amendatory ordinance.

(Ord. No. 152, 5-1-2006)