(1)

A proposal for an amendment to the zoning ordinance text may be initiated by the village council, planning commission or ZBA, upon filing with the village zoning administrator a resolution duly adopted identifying the proposed amendment.

(2)

Any proposal for an amendment to the zoning map (i.e. to rezone a parcel) may be initiated by the village council or planning commission upon filing with the village zoning administrator a resolution duly adopted identifying the proposed parcels and new zoning classification or by the owner of that parcel or a person with written permission of the owner by filing the following with the zoning administrator:

(a)

An application for rezoning.

(b)

A map at a scale of not less than one inch equals fifty feet showing the subject parcel in relation to adjoining parcels of land.

(c)

The necessary fees for such zoning change.

(d)

A copy of the deed to the property.

(e)

If the applicant is submitting a conditional rezoning request as authorized under Section 405 of the Michigan Zoning Enabling Act, the application will include the conditions proposed.

(1)

The village clerk shall give notice of the time and place of the planning commission public hearing at which the amendment will be heard, by publication of a notice in a newspaper of general circulation in the village.

(a)

The notice shall be published not less than 15 days prior to the date of the hearing.

(b)

The notice shall include the places and times at which the proposed amendment may be examined prior to the meeting.

(2)

Fifteen days' notice shall also be given by mail to each public utility company and to each railroad company owning or operating any public utility or railroad within zoning districts affected that registers its name and mailing address with the village for the purpose of receiving the notice. An affidavit of mailing shall be maintained.

(3)

In the case of a proposed map amendment, the clerk shall give similar notice by mail of the time and place of such hearing to the owner or owners of the property or properties in question, as well as all the owners and occupants of property within 300 feet of the parcel as identified in the most recent tax roll of the village, not less than 15 days before the hearing. Owners of property within 300 feet of the parcel located outside the village shall also receive notice.

(4)

The village shall also give notice at least 15 days before the meeting to the Millington Township Planning Commission of any proposed rezoning within 300 feet of the township/village boundary.

(5)

At the public hearing where the proposed zoning ordinance amendment is considered, the planning commission shall provide the public and the applicant with a reasonable opportunity to comment on the proposal.

(6)

Following the public hearing, the planning commission shall consider the request. At the meeting the planning commission may recommend approval, denial or postpone the request for further study. In making a recommendation on the proposed amendment, the planning commission shall consider the standards for zoning amendments included in section 36-1202 of this chapter.

(7)

The planning commission shall provide a record of the public hearing concerning the proposed amendment, a written recommendation, and reasons for the recommendation, to the village council for their consideration.

(8)

At the next regularly scheduled village council meeting following receipt of the planning commission's report, the village council shall consider the proposed amendment and may take the following actions on a zoning amendment.

(a)

Approve the proposed amendment.

(b)

Deny the request.

(c)

Hold a public hearing on the matter before making the decision, in which case the village council will provide the same notice provided for the planning commission public hearing.

(d)

Consider changes to the proposed amendment.

(e)

Table the request for further information.

(9)

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 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:

(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.

(c)

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

(10)

Following adoption of the zoning amendment, one notice of adoption shall be published in a newspaper of general circulation in the village within 15 days of adoption. The notice shall include:

(a)

A summary of the regulatory effect of the amendment or the actual text of the amendment.

(b)

The effective date of the ordinance.

(c)

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

(11)

In the case of an approved conditional rezoning request the village shall record an affidavit signed by the planning commission chairperson and the zoning applicant outlining the approved conditions including the length of time the conditions apply. If the approved time frame expires with the property owner meeting the conditions, the village may initiate rezoning of the property.

(1)

In the case of a proposal to amend the zoning ordinance text, the planning commission must find:

(a)

The change is necessary to clarify a provision of the ordinance; or

(b)

The change is necessary to correct a mistake in the ordinance; or

(c)

The change is necessary to implement a goal or policy of the village master plan; or

(d)

The change is necessary to improve administration of the ordinance or to better serve the community.

(e)

In addition to one or more of the above findings, the planning commission must determine that the requested amendment is in compliance with the village master plan or that a mistake in the plan, or changes in conditions or village policy have occurred that are relevant to the request. If the planning commission recommends approval of a request that is not in compliance with the current plan due to a mistake or change in conditions or policy, it shall immediately initiate an amendment to the plan to address the identified mistake or change.

(2)

In the case of a proposed zoning map amendment (rezoning) the planning commission must find one of the following:

(a)

The requested amendment is in compliance with the village master plan or that a mistake in the plan, or changes in conditions or village policy have occurred that are relevant to the request. If the planning commission recommends approval of a request that is not in compliance with the current plan due to a mistake or change in conditions or policy, it shall immediately initiate an amendment to the plan to address the identified mistake or change.

(b)

The property cannot be reasonably used as it is currently zoned and the proposed request represents the most suitable alternative zoning classification based on the master plan.