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Utica City Zoning Code

ARTICLE XXII

AMENDING THE ORDINANCE14

All amendments to the zoning ordinance must be reviewed by the city planning commission. Amendments may take the form of the city council proposal, staff initiated recommendations or citizen petitions, for either zoning text or zoning district boundary changes. In any event, the planning commission shall hold a public hearing as provided in Public Act 207 of 1921 as amended (MCL 125.581 et seq). After the public hearing has been closed, the planning commission shall submit a report and recommendations to the city council on the proposed change.

Whenever the planning commission holds a public hearing to consider a proposed change in the zoning district boundaries, a written notice of such time and place for a public hearing shall be mailed to the owners, at the address given in the last assessment rolls, of all lots or parcels of land lying within 300 feet of the boundaries or within lots in every direction of the area proposed to be rezoned, whichever is the greater area.

Notices of public hearing shall also be sent to each public utility company and each railroad owning or operating within the districts or zones affected. Such notices shall be delivered personally or by first class mail, at least 15 days prior to the date of the hearing.

Citizen petitions for zoning ordinance amendments shall be submitted to the city clerk on standard forms provided at least 15 days prior to the next regularly scheduled planning commission meeting. At the next regularly scheduled meeting, the planning commission shall set a date for a public hearing to receive public comment. The standard forms shall be completed in the manner prescribed and such documents, as required by the ordinance, shall be filed with the clerk. A fee schedule, as provided by resolution of the city council, shall be levied against each petition to cover the cost of administering the application process and for advertising public hearings and other incidental costs relative to said petition. The city clerk shall transmit the application to the planning commission.

A petition for rezoning, once denied by city council, shall not be resubmitted for recommendation or action within one year from date of denial.

If the council does not take any action to resolve a petition for rezoning after public hearing within six months beginning with the initial day of filing, said petition shall be determined to have been denied.

Upon presentation of a protest petition, an amendment to a zoning ordinance, which is the object of the petition, shall be passed only by a two-thirds vote of the legislative body unless a larger vote, but not to exceed three-fourths vote, is required by ordinance or Charter. The protest petition shall be presented to a legislative body 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 with an area extending outward 100 feet from any point on the boundary of land included in the proposed change.

Footnotes:
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State Law reference— Amendments, MCL 125.584.