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Middleville City Zoning Code

ARTICLE XIII

AMENDMENTS TO THE ZONING CODE

Sec. 78-871.- Initiation.

Amendments to this chapter may be initiated by the village council, the planning commission or by any interested person.

Sec. 78-872. - Amendment procedures.

Amendments to this chapter shall be according to the requirements of the Michigan Zoning Enabling Act, as it may be amended from time to time. Notice of the public hearing required before the planning commission, and any other associated public hearings to be held concerning an amendment, shall be given in accordance with the provisions of section 78-8.

Sec. 78-873. - Public hearing.

Amendments to this chapter shall be considered as follows:

(1)

All amendments to this chapter, both with reference to the text thereof or the zoning of the land as appears on the rezoning map, shall be made in the same manner as provided in the Michigan Zoning Enabling Act as amended, for the enactment of this chapter; however, the planning commission shall set a time and place for a public hearing and provide for the mailing of a notice of such hearing at least 15 days prior to the date of the hearing, to all the owners of property within 300 feet of the premises to be rezoned, and also have such notice published in a newspaper of general circulation in the village not less than 15 days prior to the date of the public hearing.

(2)

The planning commission shall hold such public hearing. The planning commission may make minor changes in the amendment in response to comments made at the hearing or to correct typographical or grammatical errors. If the planning commission desires to make major changes in the proposed amendment, it shall either adjourn the hearing, announcing at that time the time and place of the continuation thereof, or set a time and place for a new public hearing.

(3)

Following the public hearing of the planning commission, the village council upon receipt of the planning commission's report may adopt or deny the amendment. If the village council desires to make changes in the amendment as acted upon by the planning commission, the council may refer the same back to the planning commission for a further report, as provided by law.

Sec. 78-874. - Protest.

(a)

If a protest against any proposed amendment to this chapter is presented in writing to the village council before final legislative action on the amendment, such protest shall be signed by either:

(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.

(b)

Such amendment shall not be approved except by a three-fourths vote of the village council.

(c)

For the purposes of subsections (a)(1) and (a)(2) of this section, publicly owned land shall be excluded in calculating the 20 percent land area requirement.

Sec. 78-875. - Publication of amendment.

Following the adoption of any amendment to this chapter, one notice of adoption shall be published in a newspaper of general circulation in the village within 15 days of amendment adoption. Such notice shall consist of either a summary of the regulatory effect of the amendment including the geographic area affected, or the text of the amendment. Such notice shall also include the effective date of this chapter, and the place and time where a copy of this chapter may be purchased or inspected.

Sec. 78-876. - Administrative liability.

No officer, member, agent or employee of the village council, planning commission, or board of zoning appeals shall be personally liable for any damage or consequence that may occur as a result of any act, decision, or other event or cause arising out of the discharge of such person's duties and responsibilities pursuant to this chapter.

Sec. 78-877. - Application fee.

Any person desiring to make an application to the board of zoning appeals or planning commission for a variance, appeal, special land use permit or rezoning request; or any person desiring to have the village institute procedures to amend the boundaries of the village, shall submit such application in writing to the village clerk, accompanied by an application fee and any amount required to be placed in escrow by the village for payment of the village's cost of review and inspection, as provided by village resolution from time to time.