SB-0254, As Passed Senate, May 31, 2005

SUBSTITUTE FOR

SENATE BILL NO. 254

     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:

     Sec. 4. (1) The legislative body of a city or village may

provide by ordinance for the manner in which regulations and

boundaries of districts or zones shall be determined and enforced

or amended, supplemented, or changed. At least 1 public hearing

shall be held by the commission appointed to recommend zoning

regulations or, if a commission does not exist, by the legislative

body before a regulation 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 or village. 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 each railroad company owning or

operating any public utility or railroad within the districts or

zones affected, and the airport manager of each airport, that

registers its name and mailing address with the city or village

clerk for the purpose of receiving the notice. An affidavit of

mailing shall be maintained. A hearing shall be granted to an

interested person at the time and place specified on the notice.

     (2) The legislative body of a city or village, unless

otherwise provided by charter, may appoint a commission to

recommend in the first instance the boundaries of districts and

appropriate regulations to be enforced in the districts. If a city

or village has a planning commission, that commission shall be

appointed to perform the duties set forth in this section. The

commission shall make a tentative report and hold at least 1 public

hearing before submitting its final report to the legislative body.

A summary of the comments submitted at the public hearing shall be

transmitted with the report of the commission to the legislative

body. The legislative body may hold additional public hearings if

it considers it necessary or as may be required by charter.

     (3) In a city or village having a commission appointed to

recommend zoning requirements, the legislative body shall not in

the first instance determine the boundaries of districts or impose

regulations until after the final report of the commission.  In

such a city or village, the The legislative body of the city or

village shall not amend the ordinance or maps after they are

adopted in the first instance until the proposed amendment has been

submitted to the commission and it has held at least 1 hearing and

made report  thereon on the amendment.  In either case, the The

legislative body may adopt the ordinance and maps, with or without

amendments, after receipt of the commission's report, or refer the

ordinance and maps again to the commission for a further report.

     (4) After the ordinance and maps have in the first instance

been approved by the legislative body of a city or village,

amendments or supplements  thereto to the ordinance 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 include a list of all

existing street addresses within the proposed rezoned property and

be given to the owners of the property  in question proposed for

rezoning at least 15 days before the hearing.

     (5) Upon presentation of a protest petition meeting the

requirements of this subsection, an amendment to a zoning ordinance

which is the object of the petition  shall be passed only by a 2/3

vote of the legislative body, unless a larger vote, but not to

exceed 3/4 vote, is required by ordinance or charter. The protest

petition shall be presented to the legislative body before final

legislative action on the amendment and shall be signed by 1 of the

following:

     (a) The owners of at least 20% of the area of land included in

the proposed change.

     (b) 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.

     (6) For purposes of subsection (5), publicly owned land shall

be excluded in calculating the 20% land area requirement.

     (7) Following adoption of a zoning ordinance and subsequent

amendments by the legislative body of a city or village, 1 notice

of adoption shall be published in a newspaper of general

circulation in the city or village within 15 days after adoption.

Promptly following adoption of a zoning ordinance or subsequent

amendment by the legislative body of the city or village, a copy of

the notice of adoption shall also be mailed to the airport manager

of an airport entitled to notice under subsection (1).

     (8) The notice of adoption under subsection (7) shall include

the following information:

     (a) In the case of a newly adopted zoning ordinance, the

following statement: "A zoning ordinance regulating the development

and use of land has been adopted by the city (village) council of

the city (village) of __________".

     (b) In the case of an amendment to an existing ordinance,

either a summary of the regulatory effect of the amendment,

including the geographic area affected, or the text of the

amendment.

     (c) The effective date of the ordinance.

     (d) The place and time where a copy of the ordinance may be

purchased or inspected. The filing and publication requirements in

this section relating to city and village zoning ordinances

supersede charter provisions relating to the filing and publication

of city and village ordinances.