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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6014 November 23, 1981 TOWNSHIPS: Procedures for adopting a new zoning ordinance ZONING: Adoption of a new zoning ordinance and notice to property owners When a township adopts an entirely new zoning ordinance, it is not required to follow the procedures of 1943 PA 184, Sec. 14 with respect to notification of property owners within 300 feet of any proposed changes. Honorable D. J. Jacobetti State Representative The Capitol Lansing, Michigan Citing the township rural zoning act, 1943 PA 184, as amended; MCLA 125.271 et seq; MSA 5.2963(1) et seq, you have requested my opinion upon the following question: When a township adopts an entire new zoning ordinance, as compared to an amendment to an existing zoning ordinance, is it required to follow procedures for the amendment of an existing ordinance, such as notice to property owners within 300 feet of proposed changes? Procedures for the adoption of township zoning ordinances and for their amendment are provided for by 1943 PA 184, supra, which procedures have been discussed in OAG, 1979-1980, No 5770, p 917 (August 12, 1980). Procedures outlined in a zoning enabling act must be strictly adhered to. Korash v Livonia, 388 Mich 737, 746; 202 NW2d 803 (1972); Stevens v City of Madison Heights, 358 Mich 90; 99 NW2d 564 (1959); and Krajenke Buick Sales v Hamtramck City Engineer, 322 Mich 250; 33 NW2d 781 (1948). With respect to the adoption of an entire new zoning ordinance, there is no requirement that notice be given to property owners within 300 feet of proposed changes. See 1943 PA 184, supra, Secs. 2-12; respectively MCLA 125.272; MSA 5.2963(2) through MCLA 125.282; MSA 5.2963(12). A similar question was considered by the Court of Appeals in Benesh v Frenchtown Township, 58 Mich App 553; 228 NW2d 459 (1975), involving a complete revision of a township zoning ordinance, and the issue before the Court turned upon the failure to mail notice to affected property owners within 300 feet of a proposed change, as was required by a provision in the ordinance. The Court held that such a requirement was applicable only when an individual parcel was being rezoned and not when a township was rezoning the entire township. A similar notice requirement was added to 1943 PA 184, supra, Sec. 14, by 1972 PA 55; MCLA 125.284; MSA 5.2963(14), which refers to the amendment of existing zoning ordinances, and which provides, after amendment by 1978 PA 637, as follows: 'Amendments or supplements to the zoning ordinance may be made in the same manner as provided in this act for the enactment of the original ordinance. If an individual property or several adjacent properties are proposed for rezoning, the township zoning board shall give a notice of the proposed rezoning to the owner of the property in question, to all persons to whom any real property within 300 feet of the premises in question is assessed, and to the occupants of all single and 2-family dwellings within 300 feet. The notice shall be delivered personally or by mail to the respective owners and tenants at the address given in the last assessment roll. . . .' It should be noted that such requirement of 1943 PA 184, supra, Sec. 14, refers to amendments of an existing zoning ordinance, and does not appear in the provisions providing procedures for the adoption of an entirely new zoning ordinance. The rationale of the Court of Appeals in Benesh, supra, is equally applicable to the similar provision in 1943 PA 184, supra, Sec. 14. It is my opinion, therefore, that when a township adopts an entirely new zoning ordinance, as compared to an existing ordinance, it would not be required to follow the procedures of 1943 PA 184, supra, Sec. 14, with respect to notification of property owners within 300 feet of any proposed changes. The township would, however, be required to comply with the procedures in 1943 PA 184, supra, Secs. 2-12, with respect to the adoption of an entirely new township zoning ordinance. Frank J. Kelley Attorney General
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