The Ithaca City Council is authorized and empowered to cause
this ordinance to be amended, supplemented or changed, pursuant to
the authority and according to the procedures set forth in Public
Act No. 110 of 2006 (MCL § 125.3101 et seq.), as amended.
Proposals for amendments may be initiated by the City Council, the
Planning Commission or by petition of one or more property owners
in the City of Ithaca affected by the proposed amendment.
The procedure for amending this ordinance shall be as follows:
33.02:1.
Each petition shall be submitted to the Zoning Administrator
accompanied by the proper fee, and then referred to the Planning Commission
at the next regularly scheduled meeting or at a special meeting called
for such purpose.
33.02:2.
The Planning Commission shall conduct a public hearing, the
notice of which shall be given by two publications in a newspaper
of general local circulation. The newspaper notice shall be published
the first time not more than 30 days nor less than 20 days prior to
the proposed hearing, and the second newspaper notice not more than
eight days prior to the hearing.
33.02:3.
If the property involved adjoins another unit of government,
the proper officials are to be given notice of the public hearing
at a reasonable time before the public hearing date and shall also
be given an opportunity to comment on any coordinated action or review
deemed necessary.
33.02:4.
In rezoning matters, notices of the public hearing shall be
given as required by Public Act No. 110 of 2006 (MCL § 125.3101
et seq.), as amended.
33.02:5.
Following the public hearing, the Planning Commission shall
transmit its recommendations to the City Council. The City Council
shall grant a hearing on the proposed amendment to any property owner
who has filed a written request for a hearing prior to the regular
meeting at which the proposed amendment is to be scheduled.
33.02:6.
No petition for rezoning, which has been disapproved by the
City Council, shall be submitted for a period of one year from the
date of disapproval except as permitted by the City Council after
becoming aware of new evidence which may result in approval upon resubmittal.
In interpretation and application, the provisions of this ordinance
shall be held to be minimum requirements adopted for the promotion
of the public health, morals, safety, comfort, convenience, or general
welfare. Where this ordinance imposes a greater restriction than is
required by existing ordinances or by rules, regulations or permits,
the provisions of this ordinance shall control. Nothing in this ordinance
shall be interpreted or construed to give rise to any permanent vested
rights in the continuation of any particular use, district, zoning
classification or any permissible activities therein, and they are
hereby declared to be subject to subsequent amendment, change or modification
as may be necessary to the preservation or protection of the public
health, safety and welfare.
This ordinance and its various parts, sections, subsections,
phrases and clauses are hereby declared to be severable. If any part,
sentence, paragraph, section, subsection, phrase or clause is adjudged
unconstitutional or invalid, it is hereby provided that the remainder
of this ordinance shall not be affected.
The rights and remedies provided herein are cumulative and in
addition to any other remedies provided by law.
The City Council or its duly authorized representative is hereby
charged with the duty of enforcing this ordinance, and the Council
is hereby empowered to begin and pursue any and all necessary and
appropriate actions and/or proceedings in the circuit court, or any
other court having jurisdiction to restrain and/or prevent any noncompliance
with, or violation of, any of the provisions of this ordinance, and
to correct, remedy and/or abate such noncompliance or violation, and
it is further provided that any person aggrieved or adversely affected
by such a noncompliance or violation, may institute suit and/or join
the City Council in such a suit to abate the same.
The foregoing zoning ordinance, zoning maps were adopted at
a meeting of the Ithaca City Council on __________, 2009 after approval
of the same by the Ithaca Planning Commission following a public hearing
on __________, 2009. Notice of said ordinance was ordered published
in the __________, which has general circulation in the City of Ithaca,
Gratiot County, Michigan, and shall become effective immediately upon
the date of such publication.