I am not an attorney and this is not legal advice. Consult with an attorney if you intend to file a notice of intent to file a petition or any other legal action.

If you are dissatisfied with the new revised zoning ordinance you can file a petition to have its adoption decided by a special election. This was last done in Blossom Ridge rezoning and the rezoning was overturned by voters but later reinstated by a consent agreement when our Board feared the potential financial and zoning consequences of letting a judge decide.

You first file a notice of intent to file a petition within seven days of publication. The Zoning Ordinance will be published soon. Then you need a lot of signatures. To me it looks like 1086 are needed, but I am not sure which of the sections below apply from Zoning Enabling Act 110 of 2006.

 

“125.3402 Notice of intent to file petition. Sec. 402. (1) Within 7 days after publication of a zoning ordinance under section 401, a registered elector residing in the zoning jurisdiction of a county or township may file with the clerk of the legislative body a notice of intent to file a petition under this section. (2) If a notice of intent is filed under subsection (1), the petitioner shall have 30 days following the publication of the zoning ordinance to file a petition signed by a number of registered electors residing in the zoning jurisdiction not less than 15% of the total vote cast within the zoning jurisdiction for all candidates for governor at the last preceding general election at which a governor was elected, with the clerk of the legislative body requesting the submission of a zoning ordinance or part of a zoning ordinance to the electors residing in the zoning jurisdiction for their approval. (3) Upon the filing of a notice of intent under subsection (1), the zoning ordinance or part of the zoning ordinance adopted by the legislative body shall not take effect until 1 of the following occurs: (a) The expiration of 30 days after publication of the ordinance, if a petition is not filed within that time. (b) If a petition is filed within 30 days after publication of the ordinance, the clerk of the legislative body determines that the petition is inadequate. (c) If a petition is filed within 30 days after publication of the ordinance, the clerk of the legislative body determines that the petition is adequate and the ordinance or part of the ordinance is approved by a majority of the registered electors residing in the zoning jurisdiction voting on the petition at the next regular election or at any special election called for that purpose. The legislative body shall provide the manner of submitting the zoning ordinance or part of the zoning ordinance to the electors for their approval or rejection and determining the result of the election. (4) A petition and an election under this section are subject to the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992. History: 2006, Act 110, Eff. July 1, 2006.

125.3403 Amendment to zoning ordinance; filing of protest petition; vote. Sec. 403. (1) An amendment to a zoning ordinance by a city or village is subject to a protest petition as required by this subsection. If a protest petition is filed, approval of the amendment to the zoning ordinance shall require a 2/3 vote of the legislative body, unless a larger vote, not to exceed a 3/4 vote, is required by ordinance or charter. The protest petition shall be presented to the legislative body of the city or village before final legislative action on the amendment and shall be signed by 1 or more 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. (2) Publicly owned land shall be excluded in calculating the 20% land area requirement under subsection (1). History: 2006, Act 110, Eff. July 1, 2006.”

There were 7240 votes cast in the November 2014 gubernatorial election as shown in county voting results.

Precinct	Ballots Cast	Registered Voters	Voter Turnout
Oakland 1	1,041	1,782	58.42%
Oakland 2	907	1,883	48.17%
Oakland 3	471	790	59.62%
Oakland 4	944	1,581	59.71%
Oakland 5	941	1,816	51.82%
Oakland 6	1,032	1,921	53.72%
Oakland 7	1,149	2,229	51.55%
Oakland 8	755	1,284	58.80%
Total	7,240	13,286	54.49%
15%	1086

Notice in Rochester Post 12/28/2017

 

Remember, I am not an attorney and this is not legal advice.