(A) The City Council may, from time to time, on their own action or on recommendation from the City Planning Commission, or on petition amend, supplement or change the district boundaries or the regulations herein, provided, however, that a public hearing shall be held before any such amendment shall be passed, and provided further, the notice requirements set forth in division (B) shall be adhered to and a hearing be granted to any person interested at the time and place specified. Upon presentation to the Planning Commission of a petition for amendment of this chapter by an owner of real estate to be affected, such petition shall be accompanied by a fee to be paid to the City Treasurer. The amount of the fee shall be set by resolution of the City Council and shall be used to defray the expense of publishing required notices and other expenses incurred by the Planning Commission.
(B) Zoning amendments.
(1) Notice requirement for hearing(s).
(a) The notices shall be given not less than 15 days before the date of the hearing on a proposed zoning amendment and notices shall be sent to:
1. The applicant.
2. The owner (or other owners) of the property, if different.
3. If the zoning amendment is for less than 11 adjacent properties, the owners of all real property within 300 feet of the boundary for the property for which the approval has been requested, as shown by the latest assessment roll, regardless of whether the owner and property is located in the zoning jurisdiction or not.
4. If the zoning amendment is for less than 11 adjacent properties, occupants of any structures within 300 feet of the boundary for the property for which the approval has been requested, regardless of whether the owner and property is located in the zoning jurisdiction or not.
5. The general public by publication in a newspaper which circulates in the City of Cheboygan.
6. Members of the Planning Commission, or legislative body and Planning Commission if the hearing is being held by the legislative body.
(b) The notice shall include:
1. The nature of the zoning amendment being requested.
2. The property/ies for which the zoning amendment has been made.
3. If the zoning amendment is for less than 11 adjacent properties, also a listing of all existing street addresses within the property/ies which is/are subject to the zoning amendment. (Street addresses do not need to be created and listed if no such address currently exist. If there are no street addresses another means of identification may be used.)
4. The location where the application documents can be viewed and copied prior to the date of the zoning amendment hearing.
5. The date, time and location of when the hearing on the zoning amendment will take place.
6. The address to which written comments should be directed prior to the hearing on the zoning amendment.
7. For members of the Planning Commission only, a copy of the request for the zoning amendment, the draft of the zoning amendment, and supporting documents in the record.
(C) If the owners of 20% or more of the frontage of property proposed to be altered or the owners of 20% or more of the frontage of property abutting the area proposed to be altered, or either of such groups shall file a written protest at or before the time of the hearing in this section provided, then three-quarters vote of the entire membership of the City Council shall be required to adopt such amendment.
(D) If a parcel of land is owned by the entireties, by joint tenants, by tenants in common or by legal and equitable owners, then one of such owners may sign the protest for the parcel so owned. The term ABUTTING PROPERTY as used in this section shall mean the property immediately adjoining the area proposed to be changed either in the rear or at the side thereof and also the frontage directly opposite the frontage proposed to be changed. The term FRONTAGE as used herein shall mean frontage on the street provided, however, that a corner lot shall not be considered to have frontage on both streets, but only on the street where the lot has a smaller number of feet frontage. In determining abutting property, there shall be included all the property in a common ownership used as a single unit.
(E) In reviewing an application for the rezoning of land, whether the application be made with or without an offer of conditions or, in considering any rezoning on the initiative of Council or the Planning Commission, factors that shall be considered by the Planning Commission and the City Council include, but are not limited to, the following:
(1) Whether the reasoning is consistent with the policies and uses proposed for that area in the city’s Master Plan and/or the city’s Land Use Plan;
(2) Whether all of the uses allowed under the proposed rezoning would be compatible with other zones and uses in the surrounding areas;
(3) Whether any public services and facilities would be significantly adversely impacted by a development or use allowed under the requested rezoning; and
(4) Whether the uses allowed under the proposed rezoning would be equally or better suited to the area that uses allowed under the current zoning of the land.
(`73 Code, 15.391, § 5.155) (Ord. eff. 8-1-67; Am. Ord. passed 1973; Am. Ord. passed 8-23-05; Am. Ord. eff. 4-19-07; Am. Ord. eff. 6-6-08)