The Village Council may, from time to time on its own motion, on recommendation of the Planning Commission or on petition, after public notice, hearing and report by the Planning Commission as provided by law, amend, supplement or change the boundaries or regulations herein, or subsequently established herein, pursuant to the authority and procedure established in Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 et seq., as amended.

   (A)   Before the Village Council shall adopt any amendment to this chapter or the maps adopted hereunder, the Planning Commission shall hold at least one public hearing.

   (B)   Not less than 15-days’ notice of the time and place of the public hearing shall first be published in a paper of general circulation in the village. Not less than 15-days’ notice of the time and place of the public hearing shall first be given by mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the affected area that registers its name and mailing address with the Village Clerk for the purpose of receiving the notice. An affidavit of mailing shall be maintained. A hearing shall be granted to an interested person at the time and place specified in the notice.

   (C)   If an individual property, or several adjacent properties are proposed for re-zoning, notice of the proposed re-zoning and hearing shall be given by mail to the owners of the property in question and to all persons to whom real property is assessed and to the occupants of all structures within 300 feet of the boundary of the property in question, at least 15 days before the hearing.

   (D)   A summary of the comments submitted at the public hearing shall be transmitted with the report of the Planning Commission to the Village Council. The Village Council may hold additional public hearings if it considers it necessary. After receipt of the Planning Commission's report, the Village Council may adopt the proposed amendment, with or without modification or refer the proposed amendment again to the Planning Commission for further consideration.

   (E)   Upon presentation of a protest petition meeting the requirements hereinafter set forth, an amendment to the Zoning Ordinance that 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:

      (1)   The owners of at least 20% of the area of land included in the proposed change; and

      (2)   The 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. Publicly owned land shall be excluded in calculating this 20% land area requirement.

   (F)   Following adoption of this Zoning Ordinance and subsequent amendments by the Village Council, one notice of adoption shall be published in a newspaper of general circulation in the village within 15 days after adoption. The notice of adoption shall contain 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 Village Council of the Village of Pinckney;”

      (2)   In the case of an amendment to an existing Zoning 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 ordinance; and

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

(Ord. 37, passed 8-28-2005)

   In considering any petition for an amendment to the official zoning map, the Planning Commission and Village Council shall consider the following criteria in making its findings, recommendations and decision:

   (A)   Consistency with the goals, policies and future land use map of the Village of Pinckney Comprehensive Plan, including any subarea or corridor studies. If conditions have significantly changed since the Comprehensive Plan was adopted, the consistency with recent development trends in the area;

   (B)   Compatibility of the site's physical, geological, hydrological and other environmental features with the host of uses permitted in the proposed zoning district;

   (C)   The ability of the site to be reasonably developed with one of the uses permitted under the current zoning;

   (D)   The compatibility of all the potential uses allowed in the proposed zoning district with surrounding uses and zoning in terms of land suitability, impacts on the environment, density, nature or use, traffic impacts, aesthetics, infrastructure and potential influence on property values and local economy;

   (E)   The capacity of village infrastructure and services to accommodate the uses permitted in the requested district without compromising public health, safety or welfare;

   (F)   The apparent demand for the types of uses permitted in the requested zoning district in the village in relation to the amount of land in the village currently zoned to accommodate the demand;

   (G)   Where a re-zoning is reasonable given the above criteria, a determination the requested zoning district is more appropriate than another district or amending the list of permitted or special land uses within a district; and

   (H)   The request has not previously been submitted within the past one year, unless conditions have changed or new information has been provided.

(Ord. 37, passed 8-28-2005)

   (A)   Any structure erected, altered, razed or converted or any land use carried out in violation of this Zoning Ordinance is hereby declared to be a nuisance per se.

   (B)   Any owner and/or agent in charge of a structure or land use that violates any provision of this chapter is responsible for a municipal civil infraction set forth in Chapter 131 of this code, subject to payment of a civil fine as specified in village’s Municipal Civil Infraction Ordinance, plus costs and other sanctions for each infraction. Repeat offenses shall be subject to increased fines. Each act of violation and every day upon which the violation occurs shall constitute a separate offense.

   (C)   The owner or occupant of any structure or premises, or part thereof, where any condition in violation of this chapter shall exist, and any person who has assisted knowingly in the commission of the violation shall each be guilty of a separate offense and upon conviction thereof shall be liable for the fines set forth in this section.

   (D)   Any person, firm or corporation found guilty of violating a provision of this chapter shall become liable to the village for any expense, loss or damage incurred by the village as a result of the violation including, but not limited to, actual attorney, filing and witness fees.

   (E)   Nothing herein contained shall prevent the Village of Pinckney from taking the other lawful action as is necessary to prevent or remedy any violation.

   (F)   The penalties provided for herein are cumulative and in addition to any other remedies provided by law.

(Ord. 37, passed 8-28-2005; Ord. 117, passed 3-11-2013)