(A) The City 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 in this chapter or subsequently established pursuant to the authority and procedure established in Public Act 110 of 2006, § 4.202, being M.C.L.A.§ 125.3306, as amended. At least 1 public hearing shall be held by the Planning Commission, and a report made thereon, before the City Council shall adopt any amendment to this chapter or the maps adopted under this chapter. If an individual property or 10 or fewer adjacent properties are proposed for rezoning, the Planning Commission shall give a notice of the proposed rezoning in the same manner as required under § 82-33A. If 11 or more adjacent properties are proposed for rezoning, the Planning Commission shall give a notice of the proposed rezoning in the same manner as required under § 82-33A, except for the requirement of § 82-33A(B) and except that no individual addresses of properties are required to be listed under § 82-33A. 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 districts or zones affected that registers its name and mailing address with the City Clerk for the purpose of receiving such notice. An affidavit of mailing shall be maintained. A hearing shall be granted a person interested at the time and place specified on the notice. A summary of the comments submitted at the public hearing shall be transmitted with the report if the Planning Commission and the proposed zoning ordinance, including any maps, to the City Council. The City Council may hold additional public hearings if it considers them necessary. After receipt of the Planning Commission's report, the City Council may adopt the proposed amendment, with or without amendments, by a majority vote of the members or refer the proposed amendment again to the Planning Commission for a further report. If an individual property or several adjacent properties are proposed for rezoning, notice of the proposed rezoning and hearing shall be given as provided in this section. City Council shall grant a hearing to a property owner who requests a hearing by certified mail addressed to the Clerk.
(1) A zoning ordinance shall take effect upon the expiration of 7 days after publication as required by this section or at such later date after publication as may be specified by the legislative body.
(2) Following adoption of a zoning ordinance and any subsequent amendments by the legislative body, the zoning ordinance or subsequent amendments shall be filed with the City Clerk and a notice of ordinance adoption shall be published in a newspaper of general circulation in the local unit of government within 15 days after adoption.
(3) A copy of the notice required under subsection (2) shall be mailed to the airport manager of an airport entitled to notice under § 82-34.
(4) The notice required under this section shall include all of the following information:
(a) 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 City of Charlotte."
(b) 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.
(c) The effective date of the ordinance or amendment.
(d) The place where and time when a copy of the ordinance or amendment may be purchased or inspected.
(5) The filing and publication requirements under this section supersede any other statutory requirements relating to the filing and publication of city ordinances.
(B) Upon presentation of a protest petition meeting the requirements set forth in this subsection, an amendment to a zoning ordinance which is the object of the petition shall be passed only by a 2/3 vote of the City Council. 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:
(1) The owners of at least 20% of the area of the land included in the proposed change;
(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.
(1993 Code, § 82-35) (Ord. passed 10-12-1992; Ord. passed 3-12-2007)