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Schoolcraft City Zoning Code

ARTICLE XXI

AMENDMENTS6


Footnotes:
--- (6) ---

Editor's note— Ord. No. 216, § 13, adopted December 15, 2008, amended article XXI in its entirety to read as herein set out. Former article XXI, §§ 62-581—62-583, pertained to similar subject matter, and derived from Ord. No. 95, 8-3-92.


Sec. 62-581.- Procedure.

The village council may from time to time amend, modify, supplement or repeal the regulations and provisions of this chapter in the manner prescribed by Act Number 110 of the Public Acts of Michigan for 2006, as amended, and in accordance with the following procedural outline:

(1)

A proposed ordinance amendment may be originated by the village council, village planning commission, or by petition. All proposals not originating with the village planning commission shall be referred to the commission for a report thereon before any action is taken on the proposal by the village council.

(2)

The village planning commission shall study the proposed Ordinance amendment. If it decides the proposal merits further consideration and/or public hearing, the village planning commission shall hold a public hearing thereon in accordance with procedures stated in Act 110 of the Public Acts of Michigan for 2006, as amended, and make a report of its findings and recommendation to the village council.

If the village planning commission decides that a proposed ordinance amendment does not have merit, it shall so report to the village council, without holding a public hearing.

(3)

When the village council receives an adverse report on a proposed ordinance amendment that has not received a public hearing by the village planning commission, it may concur with the recommendation and stop further action, or, if it does not agree with the recommendation, the village council shall refer the proposed amendment or change back to the village planning commission, with a request that the village planning commission hold a public hearing on the proposed ordinance amendment and make a final report to the village council.

When the village council receives a recommendation from the village planning commission on a proposal that has been given a public hearing by the planning commission, the village council may hold a public hearing thereon.

(4)

A public hearing notice on the proposed Ordinance amendment shall be published in a newspaper of general circulation in the village not less than 15 days before the date of the hearing.

a.

If an individual property, or ten or fewer adjacent properties, are included in the proposal for rezoning, a notice must be published as required above, and a notice shall also be sent by mail or personal delivery to the owners of property that is the subject of the request. If the request for an appeal or interpretation involves a specific parcel, written notice shall be sent to all persons to whom real property is assessed within 300 feet of the property that is the subject of the request, and to the occupants of all structures within 300 feet of the subject property regardless of whether the property or structure is located in the Village of Schoolcraft. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different persons, one occupant of each unit or spatial area shall be given notice. 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 the structure. The notice is considered to be given when personally delivered or when deposited during normal business hours for delivery with the United States Postal Service or other public or private delivery service. The notice shall be given not less than 15 days before the date the request will be considered. If the name of the occupant is not known, the term "occupant" may be used for the intended recipient of the notice. The notice shall do all of the following:

1.

Describe the nature of the request.

2.

Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.

3.

State when and where the request will be considered.

4.

Indicate when and where written comments will be received concerning the request.

b.

If 11 or more adjacent properties are included in the proposal, a notice must be published in the newspaper as required above but need not be distributed to adjacent properties as provided in paragraph a. The notice shall do all of the following:

1.

Describe the nature of the request.

2.

Indicate the property that is the subject of the request.

3.

State when and where the request will be considered.

4.

Indicate when and where written comments will be received concerning the request.

(5)

The village council shall grant a public hearing on the proposed ordinance amendment to an interested property owner who requests a hearing by certified mail, addressed to the village clerk. Written notice of the public hearing shall be given to the interested property owner. The notice is considered to be given when personally delivered or when deposited during normal business hours for delivery with the United States postal service or other public or private delivery service. The notice shall be given not less than 15 days before the date the request will be considered. If the name of the occupant is not known, the term "occupant" may be used for the intended recipient of the notice. The notice shall do all of the following:

a.

Describe the nature of the request.

b.

Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.

c.

State when and where the request will be considered.

d.

Indicate when and where written comments will be received concerning the request.

(6)

The village council shall vote upon the Ordinance amendment after all proceedings. Any amendments shall be approved by a majority vote of the members of the council.

(Ord. No. 216, § 13, 12-15-2008)

Sec. 62-582. - Effective date and publication.

Following village council approval to amend the zoning ordinance, notice of the amendment shall be filed with the village clerk and notice of the amendment shall be published in a newspaper of general circulation in the village within 15 days after adoption. The notice of adoption 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 amendment.

(3)

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

Unless a notice of intent to file a petition is filed, the ordinance amendment shall take effect seven days after such publication.

(Ord. No. 216, § 13, 12-15-2008)

Sec. 62-583. - Petition.

Within seven days after publication of a ordinance amendment, a registered elector residing in the Village of Schoolcraft may file with the village clerk a notice of intent to file a petition. The petitioner shall have 30 days following publication of the zoning ordinance amendment to file a petition signed by a number of qualified and registered electors residing in the Village equal to not less than 15 percent of the total vote cast within the village for all candidates for governor at the last preceding general election at which the governor was elected. The petition shall be filed with the village clerk requesting the submission of the zoning ordinance amendment to the electors residing in the village for their approval or rejection and determining the result of the election.

Upon filing a notice of intent to petition the amendment, the Zoning Ordinance amendment shall not take effect until one of the following occurs:

(1)

The expiration of 30 days after publication of the Ordinance amendment, if a petition is not filed within that time.

(2)

If a petition is filed within 30 days after publication of the ordinance amendment, the village clerk determines that the petition is inadequate.

(3)

If a petition is filed within 30 days after publication of the ordinance amendment, the village clerk determines that the petition is adequate and the ordinance amendment is approved by a majority of the registered electors residing in the Village of Schoolcraft voting on the petition at the next regular election or at any special election called for that purpose. The village council shall provide the manner of submitting the ordinance amendment to the electors for their approval or rejection and determining the result of the election.

(Ord. No. 216, § 13, 12-15-2008)