Pewamo City Zoning Code
AMENDMENTS AND
CONFLICTS
§ 153.125 AMENDMENTS.
(A) Pursuant to Act 110 of 2006 being M.C.L.A. §§ 125.3101 et seq., Act 12 of 2008 being M.C.L.A. §§ 125.3101 et seq. and Act 33 of 2008 being M.C.L.A. §§ 125.3801 et seq., all provisions contained within this chapter including text and all regulations, zoning districts and the boundaries thereof, may be amended, modified and supplemented by appropriate action of the Village Council.
(B) Such amendment or request for change may be initiated by the Village Council, the Planning Commission or by any owner of the property which is the subject of said request according to the following procedure.
(1) Each request for amendment of, or change, in this chapter shall be in writing and on a form provided by the village and signed by petitioner. Upon receipt, said petition shall be referred to the Village Planning Commission. All fees in connection therewith shall be as established from time to time by resolution of the Village Council and shall be due and payable upon the filing of said petition.
(2) Notice of public hearings on all such requests shall be given as provided in § 153.126.
(3) Upon receipt by the Village Council of the report, summary of comments, and recommendation of the Planning Commission, the Village Council may, at any meeting thereafter, adopt or refuse to adopt same with or without amendments. Nothing contained herein shall be construed to prohibit the Village Council from referring the matter back to the Planning Commission for any additional report or from holding additional public hearings if it considers same to be necessary and appropriate.
(4) Upon the presentation of a protest petition meeting the requirements of this division (B), an amendment to this chapter which is the object to said petition shall be passed by not less than 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) Owners of at least 20% of the area of land included in the proposed change; or
(b) Owners of at least 20% 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. (For purposes of the foregoing criteria, publicly owned land shall be excluded in calculating the 20% land area requirements.)
(5) Following the adoption of amendments to this chapter by the Village Council, said amendments shall be filed with the Village Clerk and a notice of ordinance adoption shall be published in a newspaper of general circulation within the village within 15 days after adoption. Said notice shall include all of the following information:
(a) A summary of the regulatory effect of the amendment, including the geographic area affected or the text of the amendment; and
(b) The effective date of the amendment and the place and time where a copy of the amendment may be purchased or inspected.
(Ord., § 7.1, passed 8-5-1991; Ord. 2012-02, passed - -2012)
§ 153.126 PUBLIC HEARINGS; NOTICES.
(A) Notice of public hearing shall be published in a newspaper of general circulation within the village not less than 15 days before the date the application or request will be considered for approval. If a particular or specific property is the subject of a hearing or the proceedings, notice shall also be sent by first class mail or personal delivery to the owners of property for which the approval is being considered and to all persons to whom real property is assessed within 300 feet of the property and to the occupants of all structures within 300 feet of the property, regardless of whether the property or occupant is located within the village. If the name of the occupant is not known, the term “occupant” may be used in making the notification required herein. Only one notification per unit or spatial area owned or leased by different persons need be given, and if a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to said structure.
(B) In addition, the notice required by this section shall describe the nature of the request or proceeding and identify the property that is the subject of the request, including a listing of all existing street addresses within the property and indicate when and where written comments will be received concerning the request.
(C) The foregoing notwithstanding, where any group of adjacent properties numbering eleven or more that is proposed for rezoning, the requirement for listing individual street addresses shall not apply to that group of adjacent properties.
(Ord. 2012-02, passed - -2012)
§ 153.127 REPEAL OF CONFLICTING ORDINANCES.
Any and all ordinances or parts thereof in conflict with or inconsistent with any of the terms of this chapter are hereby repealed to the extent they are so in conflict or inconsistent; provided, however, that the adoption of this chapter shall not prevent or bar the continuance or institution of any proceedings for offenses heretofore committed in violation of any existing ordinance.
(Ord., § 7.3, passed 8-5-1991)