The City Council may from time to time, on recommendation from the Planning Commission or on petition, amend, supplement, rezone or change the district boundaries or the regulations herein, or subsequently established herein, pursuant to authority and procedure established by the Michigan Zoning Enabling Act, PA 110 of 2006.
In instances that involve the rezoning of a property (or properties) or the changing of the district boundaries, regardless if by petition or initiation by the City, the public hearing shall comply with the Michigan Zoning Enabling Act, PA 110 of 2006 as amended and the other provisions of this section with regard to public notification.
(a) Responsibility for Public Notice. The City Clerk, or his or her designee, shall be responsible for preparing the content of the public notice, having it published and mailed or delivered as provided in this section.
(b) Notice Requirements. Notice of a public hearing for an administrative review, variance, exceptions and special approvals shall be given not less than fifteen days before the date of the public hearing. The notice shall be given as follows:
(1) Newspaper notice. The notice shall be published in a newspaper that circulates in the City.
(2) Mail and personal notice. The notice shall be sent by first class mail or personal delivery to:
A. The owner of property for which approval is being considered, and the applicant, if different than the owner of the property.
B. Sent by first class mail or personal delivery to all persons to whom property is assessed within 300 feet of the boundary of the property subject of the request and to the occupants of all structures within 300 feet of the property, regardless of whether the property or occupant is located within the municipal boundaries of the City. If the name of the occupant is not known, the term "occupant" may be used in making notifications. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at a primary entrance to the structure.
C. All neighborhood organizations, public utility companies, airports, railroads, and other persons, which have requested to receive notice pursuant to this section.
(c) Record of Mailing. The City Clerk, or his or her designee, shall prepare an affidavit of mailing which shall include those to whom the notice was mailed and the date of mailing.
(d) Content of Notice. The public notice shall:
(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 subject property. Street addresses do not need to be created and listed if no such addresses currently exist for the property. If there are no street addresses, other means of identified may be used, such as a tax parcel identification number, identifying the nearest cross streets, or including a map showing the location of the property.
(3) Indicate the date, time and place of the public hearing.
(4) Include a statement describing when and where written comments will be received concerning the request and a statement that the public may appear at the public hearing in person or by counsel.
(e) Registration to Receive Notice by Mail. Any neighborhood organization, public utility company, railroad or any other person may register with the City Clerk to receive written notice of any public hearing held pursuant to Part Twelve, Planning and Zoning, of the City Code.
(f) Each proposed amendment or supplement to Title Six - Zoning of the Codified Ordinances of Ionia shall be referred to the Planning Commission for its consideration and a subsequent recommendation to the City Council following a public hearing in accordance with the requirements of the Michigan Zoning Enabling Act, PA 110 of 2006, as amended.
After receiving such recommendation, the City Council shall consider the proposed amendment. The City Council may hold a public hearing if it considers such additional hearing necessary. Upon request of any property owner by certified mail directed to the City Clerk, the City Council shall hold a public hearing. Notice of the additional public hearing shall be made in accordance with the requirements of Section 1240.07.
The City Council may, but need not, refer any proposed amendment back to the Planning Commission for consideration and comment within the time period specified by the City Council if the City Council desires to revise the amendment proposed by the Planning Commission. Following this the City Council shall vote on the adoption of the amendment to Title Six - Zoning, with or without revisions proposed by the Planning Commission. The City Council, however, may revise the amendment as proposed by the Planning Commission and then proceed to vote on the adoption of the amendment.
(1975 Code § 5.198) (Ord. 443. Passed 1-2-07; Ord. 469. Passed 10-6-09.)