(a) Initiation of Amendment. The City Council may amend, supplement, or change the district boundaries or the regulations herein, pursuant to the authority and procedures set forth in Michigan Pubic Act 110 of 2006, as amended. Text amendments may be proposed by any governmental body or any interested person or organization. Changes in district boundaries may be proposed by any governmental body, any person having a freehold interest in the subject property, or by the designated agent of a person having a freehold interest in the property.
(b) Application for Amendment. A petition for an amendment to the text of this chapter or an amendment to change the zoning classification of a particular property shall be commenced by filing a petition with the Building Department, on the forms provided by the Building Department and accompanied by the fees specified by City Council. The petition shall describe the proposed amendment and shall be signed by the applicant and property owner if different from the applicant. Petitions for rezoning of a specific site shall be accompanied by a plot plan or survey, which shall contain the following information:
(1) Applicant's name, address, and telephone number.
(2) Scale, northpoint, and dates of submission and revisions.
(3) Zoning classification of petitioner's parcel and all abutting parcels.
(4) Existing lot lines, building lines, structures, parking areas, driveways, and other improvements on the site and within fifty (50) feet of the site.
(5) Proposed lot lines and lot dimensions, and general layout of proposed structures, parking areas, driveways, and other improvements on the site.
(6) Dimensions, centerlines, and right-of-way widths of all abutting streets and alleys.
(7) Location of existing drainage courses, floodplains, lakes and streams, and woodlots.
(8) All existing and proposed easements.
(9) Location of sanitary sewer or septic systems, existing and proposed.
(10) Location and size of watermains, well sites, and building service, existing and proposed.
(11) A sign location plot plan, in accordance with the Rezoning Sign Requirements contained in this chapter.
(c) Planning Commission Review. After the completed petition and all required supporting materials have been received and fees paid, the petition shall be reviewed in accordance with the following procedures:
(1) The petition shall be placed on the agenda of the next regularly scheduled meeting of the Planning Commission. The Planning Commission shall review the petition for amendment in accordance with the procedures and public bearing and notice requirements set forth in Section 1262.07(f), and other applicable sections of Michigan Public Act 110 of 2006, as amended.
(2) If an individual property or several adjacent properties are proposed for rezoning, the Planning Commission shall comply with the public notice and public hearing procedures set forth in Section 1262.07(f).
(d) Rezoning Sign Requirements.
(1) At least twenty-one (21) days prior to the public hearing before the Planning Commission, the applicant must, at his own expense, install rezoning signage on the property proposed for rezoning, in full public view along street or road frontages. The sign must be located along the property line of the right-of-way at the midpoint of the property width. A corner lot will require a sign for each road frontage. The location and content of the signage must be approved by the Building Department prior to installation. The signage must meet the following specifications:
A. Black letters on white background
B. Size: minimum four (4) feet (vertical) by minimum six (6) feet (horizontal)
C. Sign facing must be exterior plywood, aluminum, or similar material
D. Wording on the signage shall be as follows:
ZONING CHANGE PROPOSED (minimum 8" high letters)
A public hearing has been scheduled (minimum 4" high letters)
For more information call: (minimum 4" high letters)
Lincoln Park Building and Engineering Department (minimum 4" high letters)
(Building Department Telephone #) (minimum 4" high letters)
E. Sign support system must be structurally sound.
(2) Rezoning signage must be removed within seven (7) days of adoption by the City Council, seven (7) days of withdrawal of the rezoning application by the applicant or seven (7) days of denial of the rezoning request by the City Council. Failure to remove signage within this period may require the removal of the signage by the City at the owner's expense and/or prosecution.
(e) Review Considerations. The Planning Commission and City Council shall at a minimum, consider the following before taking action on any proposed amendment:
(1) Will the proposed amendment be in accordance with the basic intent and purpose of the Zoning Ordinance?
(2) Will the proposed amendment further the comprehensive planning goals of the City?
(3) Have conditions changed since the Zoning Ordinance was adopted or was there a mistake in the Zoning Ordinance that justifies the amendment?
(4) Will the amendment correct an inequitable situation created by the Zoning Ordinance, rather than merely grant special privileges?
(5) Will the amendment result in unlawful exclusionary zoning?
(6) Will the amendment set an inappropriate precedent, resulting in the need to correct future planning mistakes?
(7) If a rezoning is requested, is the proposed zoning consistent with the zoning classification of surrounding land?
(8) If a rezoning is requested, could all requirements in the proposed zoning classification be complied with on the subject parcel?
(9) If a rezoning is requested, is the proposed zoning consistent with the trends in land development in the general vicinity of the property in question?
(f) Action by Planning Commission. Following the hearing on the proposed amendment, the Planning Commission shall make written findings of fact, which it shall transmit to the City Council, together with the comments made at the public hearing, and its recommendations.
(g) Action by City Council. The City Council may hold additional hearings if the City considers it necessary. Notice of the public hearing shall be in accordance with Section 1262.07(f). Pursuant to Michigan Public Act 110 of 2006, as amended, the City Council may by majority vote of its membership:
(1) Adopt the proposed amendment.
(2) Reject the proposed amendment, or
(3) Refer the proposed amendment back to the Planning Commission for further recommendation within a specified time period. Thereafter, the City Council may either adopt the amendment with or without the recommended revisions, or reject it.
(h) Notice of Record of Amendment Adoption.
(1) Following adoption of an amendment by the City Council, one notice of adoption shall be filed with the City Clerk and one notice shall be published in newspaper of general circulation in the City within fifteen (15) days after adoption, as follows, in accordance with Section 401(9) of Michigan Public Act 110 of 2006, as amended:
A. The required notice shall include the following information:
1. In the case of a newly adopted zoning ordinance, the required notice shall include the following statement: "A zoning ordinance regulating the development and use of land has been adopted by the legislative body of the City of Lincoln Park."
2. In the case of an amendment to an existing zoning ordinance, the required notice shall include either a summary of the regulatory effect of the amendment, including the geographic area affected, or the text of the amendment.
3. The effective date of the ordinance or amendment.
4. The place where and time when a copy of the ordinance or amendment may be purchased or inspected.
(2) A record of all amendments shall be maintained by the City Clerk and the Building Department. A master Zoning Map shall be maintained by the City Clerk and Building Department, which shall identify all map amendments by number and date.
(i) Notice of Intent to File Petition.
(1) Within seven (7) days following the passage of a zoning ordinance, a registered elector residing in the zoning jurisdiction of the City may file with the City Clerk a notice of intent to file a petition, in accordance with Section 402 of Michigan Public Act 110 of 2006, as amended.
(2) Prior to final legislative action on an amendment to the zoning ordinance by City Council, a protest petition shall be presented to the City Council, in accordance with Section 403 of Michigan Public Act 110 of 2006, as amended.
(Res. 98-529A. Passed 12-21-98; Res. 08-362A. Passed 11-17-08, Eff. 12-3-08.)