The purpose of this article is for establishing and maintaining sound, stable and desirable development within the territorial limits of the city. It is not intended that this chapter be amended except to correct an error in the chapter, or because of changed or changing conditions in a particular area in the city generally or to conform with changes to the master plan and/or other ordinances of the city; to meet public need for new or additional land uses, or to further protect the environment, neighborhoods, public infrastructure or other public investment in the city.

(Code 1991, § 19-471; Ord. No. 83, § 20.01, 4-16-1984; Ord. No. 83.4, 2-15-1989)

Only the city council may 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 petition of one or more owners of property to be affected by the proposed amendment.

(Code 1991, § 19-472; Ord. No. 83, § 20.02, 4-16-1984)

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

(Code 1991, § 19-473; Ord. No. 83, § 20.03, 4-16-1984)

(a)

Submission of application. A petitioner shall submit a completed and signed application for ordinance amendment, along with the appropriate fees, to the city clerk. An application shall be submitted for each parcel of land which is not contiguous to any adjacent parcel of land being proposed for the same amendment.

(b)

Review of application. The zoning administrator shall review the application form to ensure it is complete. Any application not properly filed or completed shall be returned to the applicant. Complete applications shall be transmitted to the planning commission.

(c)

Notice of hearing. After transmitting the amendment application to the planning commission, the clerk shall establish a date for a public hearing on the application which will be conducted by the planning commission within 45 days of the date of application receipt. The clerk shall give notice of the public hearing as required by MCL 125.3401.

(Code 1991, § 19-474; Ord. No. 83.4, 2-15-1989)

The applicant for an amendment to this chapter shall submit a detailed description of the petition to the city clerk. When the petition involves a change in the zoning map, the applicant shall submit the following information:

(1)

A legal description of the property;

(2)

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

(3)

The name, address, e-mail address and telephone number of the applicant;

(4)

The applicant's interest in the property, and if the applicant is not the owner, the name, address, e-mail address and telephone number of the owner;

(5)

Date of filing with the city clerk;

(6)

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

(7)

The desired change and reasons for such change.

(Code 1991, § 19-475; Ord. No. 83, § 20.05, 4-16-1984)

(a)

Scope of examination. 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 findings in full along with its recommendations for disposition of the application, to the city council within a period of 60 days. The matters to be considered by the planning commission shall include, but shall not be limited to, the following:

(1)

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

(2)

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

(3)

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 proposed amendment is adopted?

(4)

Does the petitioned district change adversely affect environmental conditions, or the value of the surrounding property?

(5)

Does the petitioned district change generally comply with the adopted city master plan?

(6)

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)

Findings of fact. 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 and a summary of comments received at the public hearing to the city council.

(c)

Outside agency review. In determining the findings of fact mentioned in subsection (b) of this section, the planning commission may solicit information and testimony from officials of, but not limited to, the following agencies:

(1)

The county health department;

(2)

The county road commission;

(3)

The county drain commission; and

(4)

Any school district affected.

(Code 1991, § 19-476; Ord. No. 83, § 20.06, 4-16-1984; Ord. No. 83.4, 2-15-1989)

After receiving the recommendations of the planning commission pursuant to this article, the city council, at any regular meeting or at any special meeting called for that purpose, shall consider the findings of fact and recommendations and vote upon the adoption of the proposed amendment. Such action shall be by ordinance, requiring a majority vote of the full membership of the city council. Further it is understood pursuant to Public Act No. 110 of 2006 (MCL 125.3101 et seq.), that the council shall not deviate from the recommendation of the planning commission without first referring the application back to the planning commission, which shall have 30 days from and after such referral in which to make further recommendation of the city council, after which the city council shall take such action as it determines. If an application is referred back to the planning commission, the city council shall make specific mention of its objections to results of the planning commission's findings and recommendations. It is further understood that in order to lessen the possibility of adverse litigation concerning the zoning district decisions of the city council that the council shall make a complete record of the rationale for the action taken on each application for amendment to this chapter.

(Code 1991, § 19-477; Ord. No. 83, § 20.07, 4-16-1984; Ord. No. 83.4, 2-15-1989)

Following adoption of subsequent amendments to this chapter by the city, 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)

Either a summary of the regulatory effect of the amendment including the geographic area affected, or the text of the amendment;

(2)

The effective date of the amended ordinance; and

(3)

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

(Code 1991, § 19-478; Ord. No. 83, § 20.08, 4-16-1984)

No application for a rezoning which has been denied by the city 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 city council to be valid.

(Code 1991, § 19-479; Ord. No. 83, § 20.09, 4-16-1984)

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 city council recommending changes and amendments, if any, which are deemed to be desirable in the interest of public health, safety and general welfare.

(Code 1991, § 19-480; Ord. No. 83, § 20.10, 4-16-1984)