HOUSE BILL No. 4443 March 8, 2001, Introduced by Rep. Jamnick and referred to the Committee on Local Government and Urban Policy. A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending section 4 (MCL 125.584), as amended by 2000 PA 383. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 4. (1) The legislative body of a city or village may 2 provide by ordinance for the manner in which regulations and 3 boundaries of districts or zones shall be determined and enforced 4 or amended, supplemented, or changed.At least 1 public hearing5shall be held by the commission appointed to recommend zoning6regulations or, if a commission does not exist, by the legisla-7tive body before a regulation becomes effective. Not less than815 days' notice of the time and place of the public hearing shall9first be published in an official paper or a paper of general10circulation in the city or village. Not less than 15 days'11notice of the time and place of the public hearing shall first be03208'01 TMV 2 1given by mail to each public utility company and each railroad2company owning or operating any public utility or railroad within3the districts or zones affected, and the airport manager of each4airport, that registers its name and mailing address with the5city or village clerk for the purpose of receiving the notice.6An affidavit of mailing shall be maintained. A hearing shall be7granted to an interested person at the time and place specified8on the notice.9 (2) The legislative body of a city or village, unless other- 10 wise provided by charter, may appoint a commission to recommend 11 in the first instance the boundaries of districts and appropriate 12 regulations to be enforced in the districts. If a city or vil- 13 lage has a planning commission, that commission shallbe14appointed toperform the duties set forth in this section. The 15 commission shall make a tentative report and hold at least 1 16 public hearing before submitting its final report to the legisla- 17 tive body. A summary of the comments submitted at the public 18 hearing shall be transmitted with the report of the commission to 19 the legislative body. The legislative body may hold additional 20 public hearings if it considers it necessary oras may beIF 21 required by charter.(3) In a city or village having a commis-22sion appointed to recommend zoning requirements, the legislative23body shall not in the first instance determine the boundaries of24districts or impose regulations until after the final report of25the commission. In such a city or village, the legislative body26shall not amend the ordinance or maps after they are adopted in27the first instance until the proposed amendment has been03208'01 3 1submitted to the commission and it has held at least 1 hearing2and made report thereon. In either case, theTHE legislative 3 body may adopt the ordinance and maps, with or without amend- 4 ments, after receipt of the commission's report, or refer the 5 ordinance and maps again to the commission for a further report. 6 (3) IF A CITY OR VILLAGE DOES NOT HAVE A COMMISSION 7 APPOINTED TO RECOMMEND A ZONING ORDINANCE, THE LEGISLATIVE BODY 8 OF THE CITY OR VILLAGE SHALL HOLD AT LEAST 1 PUBLIC HEARING 9 BEFORE ADOPTING A ZONING ORDINANCE. 10 (4) THE CITY OR VILLAGE CLERK SHALL PUBLISH NOTICE OF THE 11 TIME AND PLACE OF A PUBLIC HEARING OF THE COMMISSION APPOINTED TO 12 RECOMMEND A ZONING ORDINANCE UNDER SUBSECTION (2) OR OF THE LEG- 13 ISLATIVE BODY UNDER SUBSECTION (3) IN AN OFFICIAL NEWSPAPER OR A 14 NEWSPAPER OF GENERAL CIRCULATION IN THE CITY OR VILLAGE NOT LESS 15 THAN 30 OR MORE THAN 40 DAYS BEFORE THE PUBLIC HEARING. THE CITY 16 OR VILLAGE CLERK SHALL ALSO GIVE NOT LESS THAN 15 DAYS' NOTICE OF 17 THE TIME AND PLACE OF THE PUBLIC HEARING BY MAIL TO EACH PUBLIC 18 UTILITY COMPANY AND EACH RAILROAD COMPANY OWNING OR OPERATING ANY 19 PUBLIC UTILITY OR RAILROAD WITHIN THE DISTRICTS OR ZONES AFFECT- 20 ED, AND THE AIRPORT MANAGER OF EACH AIRPORT, THAT REGISTERS ITS 21 NAME AND MAILING ADDRESS WITH THE CITY OR VILLAGE CLERK FOR THE 22 PURPOSE OF RECEIVING THE NOTICE. THE CITY OR VILLAGE CLERK SHALL 23 MAINTAIN AN AFFIDAVIT OF MAILING FOR THE NOTICE. 24 (5)(4) After the ordinance and maps have in the first25instance been approved by the legislative body of a city or vil-26lage, amendments or supplements thereto may be made as provided27in this section, except thatAMENDMENTS OR SUPPLEMENTS TO A 03208'01 4 1 ZONING ORDINANCE OR MAPS SHALL BE ADOPTED IN THE SAME MANNER AS 2 THE ORIGINAL ZONING ORDINANCE OR MAPS. HOWEVER, if an individual 3 property or several adjacent properties are proposed for rezon- 4 ing, notice of the proposed rezoning and hearing OF THE COMMIS- 5 SION APPOINTED TO RECOMMEND A ZONING ORDINANCE UNDER SUBSECTION 6 (2) OR OF THE LEGISLATIVE BODY UNDER SUBSECTION (3) shall ALSO be 7 given to the owners of the property in question,at least 158days before the hearing.TO ALL PERSONS TO WHOM IS ASSESSED ANY 9 REAL PROPERTY WITHIN 300 FEET OF THE PROPERTY PROPOSED FOR REZON- 10 ING, AND TO THE OCCUPANTS OF ALL SINGLE AND 2-FAMILY DWELLINGS 11 WITHIN 300 FEET OF THE PROPERTY PROPOSED FOR REZONING. THE 12 NOTICE SHALL BE DELIVERED TO THE RESPECTIVE OWNERS AND TENANTS AT 13 THE ADDRESS GIVEN IN THE LAST ASSESSMENT ROLL. IF THE TENANT'S 14 NAME IS NOT KNOWN, THE NOTICE MAY BE ADDRESSED TO "OCCUPANT". IF 15 THE NOTICE IS DELIVERED BY MAIL, AN AFFIDAVIT OF MAILING SHALL BE 16 FILED WITH THE COMMISSION OR LEGISLATIVE BODY BEFORE THE 17 HEARING. THE NOTICE SHALL BE MAILED OR PERSONALLY DELIVERED NOT 18 LESS THAN 15 DAYS BEFORE THE HEARING AND SHALL STATE THE TIME, 19 PLACE, DATE, AND PURPOSE OF THE HEARING. 20 (6)(5)Upon presentation of a protest petition meeting 21 the requirements of this subsection, an amendment to a zoning 22 ordinance which is the object of the petition shall be passed 23 only by a 2/3 vote of the legislative body, unless a larger vote, 24 but not to exceed 3/4 vote, is required by ordinance or charter. 25 The protest petition shall be presented to the legislative body 26 before final legislative action on the amendment and shall be 27 signed by 1 of the following: 03208'01 5 1 (a) The owners of at least 20% of the area of land included 2 in the proposed change. 3 (b) The owners of at least 20% of the area of land included 4 within an area extending outward 100 feet from any point on the 5 boundary of the land included in the proposed change. 6 (7)(6)For purposes of subsection(5)(6), publicly 7 owned land shall be excluded in calculating the 20% land area 8 requirement. 9 (8)(7) FollowingNOT MORE THAN 15 DAYS AFTER THE adoption 10 of a zoning ordinanceand subsequent amendmentsOR A SUBSEQUENT 11 AMENDMENT by the legislative body of a city or village, 1 notice 12 of adoption shall be published in a newspaper of general circula- 13 tion in the city or village.within 15 days after adoption.14 Promptly following adoption of a zoning ordinance or A subsequent 15 amendment by the legislative body of the city or village, a copy 16 of the notice of adoption shall also be mailed to the airport 17 manager of an airport entitled to notice under subsection (1). 18 (9)(8)The notice of adoption under subsection(7)(8) 19 shall include the following information: 20 (a) In the case of a newly adopted zoning ordinance, the 21 following statement: "A zoning ordinance regulating the develop- 22 ment and use of land has been adopted by the city (village) coun- 23 cil (OR OTHER LEGISLATIVE BODY) of the city (village) of 24 __________". 25 (b) In the case of an amendment to an existing ordinance, 26 either a summary of the regulatory effect of the amendment, 03208'01 6 1 including the geographic area affected, or the text of the 2 amendment. 3 (c) The effective date of the ordinance. 4 (d) The place and time where a copy of the ordinance may be 5 purchased or inspected. The filing and publication requirements 6 in this section relating to city and village zoning ordinances 7 supersede charter provisions relating to the filing and publica- 8 tion of city and village ordinances. 03208'01 Final page. TMV