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(A) In accordance with the provisions of the Zoning Enabling Act, Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 through 125.3702, as amended, the City Council from time to time amend, or change by ordinance, the number, shape or area of districts established on the zoning map or the regulations set forth in the ordinance; but no amendment or change shall become effective unless the ordinance proposing the amendment or change shall first be submitted to the Planning Commission for approval, disapproval or suggestions and the Planning Commission shall have been allowed a reasonable time, not less than 30 days, for consideration and report.
(B) Any person or persons desiring a change in the zoning ordinance text or map shall make application to the City Council. In case of a zoning ordinance text amendment, a letter shall be submitted which shall contain the requested change and the reason for the change; in case of a desired zoning map change a petition shall be submitted which shall describe the property involved, the zone change desired and the reason for the change. With either type of request there shall be an accompanying fee to cover costs encountered in conducting a public hearing and an escrow account to cover any planning reviews.
(C) The City Council shall refer all applications for a change in the zoning ordinance text or map to the Planning Commission.
(1) Before submitting its recommendations and report to the City Council, the Planning Commission shall conduct a public hearing on the proposed amendment or change after publishing notice of hearing at least 15 days prior to the date of hearing, by publication in an official paper or a paper of general circulation in the municipality and by sending a copy of the notice by United States mail to each public utility company and railroad company owning or operating any public utility or railroad within the districts or zones affected that registers its name and mailing address with the City Clerk/Treasurer for the purpose of receiving the notice.
(2) An affidavit of mailing shall be maintained.
(3) A hearing shall be granted a person interested at the time and place specified on the notice.
(4) In case of a proposed zoning map change, all property owners within 300 feet of the boundaries of the property proposed to be changed shall be likewise notified by mail.
(5) All public notices (including publication in the newspaper and letter) shall state the time and place of hearing, the proposed amendment, and the property to be affected in case of a proposed map change.
(6) The omission of the name of any owner or occupant of property who may, in the opinion of the Planning Commission be affected by the amendment or change shall not invalidate any ordinance passed hereunder; it being the intention of this section to provide reasonable notice to the persons substantially interested in the proposed change that an ordinance is pending before the City Council proposing to make a change in the zoning map or the regulations set forth in this chapter.
(D) After receiving the recommendations and report from the Planning Commission, the City Council may deny the request or enact an amendment to the zoning ordinance.
(1) However, upon presentation of a protest petition meeting the requirements of this division, an amendment to a zoning ordinance which is the object of the petition shall be passed only by a two-thirds vote of the City Council.
(2) The protest petition shall be presented to the City Council before final legislative action on the amendment, and shall be signed by one of the following:
(a) The owners of at least 20% of the area of land included in the proposed change;
(b) The owners of a 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; or
(c) Publicly owned land shall be excluded in calculating the 20% land area requirement.
(Ord. 161, passed 12-10-2001; Ord. 182, § 2, passed 2-13-2012)