(A) The City Council may, upon recommendation from the City Planning Commission, amend, supplement, or change the regulations or the district boundaries of this chapter as established herein, pursuant to the authority and procedure set forth in the Michigan Planning Enabling Act, Public Act 33 of 2008, being M.C.L. §§ 125.3801 et seq., as amended.
(B) Any applicant desiring to have any change made in this chapter shall, with his or her petition for such change, deposit a fee as established by City Council with the City Clerk at the time that the petition is filed to cover the publication and other miscellaneous costs for processing said petition.
(C) At least one public hearing shall be held by the City Planning Commission before an amendment becomes effective. Not less than 15 days’ notice of the time and place of the public hearing shall first be published in an official paper or a paper of general circulation in the city and 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 the 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.
(D) The City Planning Commission shall make its final report to the City Council. A summary of the comments submitted at the public hearing shall be transmitted with the report of the Commission to the City Council. The City Council may hold additional public hearings if it considers it necessary.
(E) The City Council shall not determine the boundaries of districts nor impose regulations until after the final report of the City Planning Commission, nor shall the ordinance or maps be amended after they are adopted in the first instance until the proposed amendment has been submitted to the City Planning Commission and it has held at least one hearing and made a report thereon. In either case, the City Council may adopt the ordinance and maps, with or without amendments, after receipt of the City Planning Commission’s report, or refer the ordinance and maps again to the Commission for a further report.
(F) After the ordinance and maps have in the first instance been approved by the City Council, amendments or supplements thereto may be made as provided in this section, except that if an individual property or several adjacent properties are proposed for rezoning, notice of the proposed rezoning and hearing shall be given to the owners of the property in question at least 15 days before the hearing.
(G) Upon presentation of a protest petition meeting the requirements of this division (G), an amendment to this chapter which is the object of the petition shall be passed only by a two-thirds vote of the City Council, unless a larger vote, but not to exceed a three-quarters vote, is required by ordinance or Charter. 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 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; and
(3) For purposes of this division (G), publicly-owned land shall be excluded in calculating the 20% land area requirement.
(H) Following adoption of an amendment to this chapter by the City Council, one notice of adoption shall be published in a newspaper of general circulation in the city within 15 days after adoption. The notice shall include:
(1) Either a summary of the regulatory effect of the amendment including the geographic area affected, or the text of the amendment;
(2) The effective date of the amendment; and
(3) The place and time where a copy of the amendment may be purchased or inspected.
(Prior Code, § 153.596) (Ord. D-1418, § 2607, passed 11-22-1982, effective 1-21-1983)