[ Previous Page] [ Home Page ]
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. 6341 February 4, 1986 TOWNSHIPS: Adoption of amendments to zoning ordinance ZONING AND PLANNING: Amendments to township zoning ordinance A township is not required by MCL 125.281; MSA 5.2963(11), to publish a notice indicating its intention to take final action on a proposed zoning amendment. When the township board holds a hearing (either at its own discretion or because a property owner has requested a hearing as to changes made by the township board with respect to a proposed zoning amendment transmitted to the township board by the township zoning board), notice of such hearing must be published in a newspaper circulated in the township not more than fifteen days nor less than five days prior to the hearing. Honorable Connie Binsfeld State Senator The Capitol Lansing, Michigan 48909 You have requested my opinion as to whether section 11 of the Township Rural Zoning Act, MCL 125.271 et seq; MSA 5.2963(1) et seq, hereafter the Act, requires a township board to publish a notice indicating its intention to take final action on a proposed zoning amendment when the township board does not deem it necessary to have an additional public hearing. Townships are authorized, by MCL 125.271; MSA 5.2963(1), to enact zoning ordinances. It has been held that statutory requirements as to notice and hearing with respect to the enactment of zoning ordinances are mandatory and must be complied with in order for the ordinance in question to be effective. Krajenke Buick Sales v Hamtramck City Engineer, 322 Mich 250; 33 NW2d 781 (1948). Pursuant to MCL 125.284; MSA 5.2963(14), amendments or supplements to the township zoning ordinance may be made in the same manner as provided in the Act for the enactment of the original ordinance. When an individual property or several adjacent properties are proposed for rezoning, MCL 125.284; MSA 5.2963(14), provides for the giving of notice of the hearing of the township zoning board required by MCL 125.279; MSA 5.2963(9), at least eight days before that hearing, 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 two-family dwellings within 300 feet. Following that hearing and any necessary county-level review of the zoning amendment under MCL 125.280; MSA 5.2963(10), the amendment is then transmitted to the township board pursuant to MCL 125.281; MSA 5.2963(11), by the township zoning board, along with a summary of comments received at its public hearing. MCL 125.281; MSA 5.2963(11), provides in pertinent part: 'The township zoning board shall transmit a summary of comments received at the public hearing and its proposed zoning plan and text to the township board. The township board may hold additional hearings if the township board considers it necessary . . .. If the township board considers amendments, changes, additions, or departures advisable to the proposed text, or a zoning ordinance, the township board shall refer the same to the zoning board for a report thereon within a time specified by the township board. After receiving the report, the township board shall grant a hearing on a proposed ordinance provision to a property owner who by certified mail addressed to the clerk of the township board requests a hearing and the township board shall request the zoning board to attend the hearing. After a hearing at a regular meeting or at a special meeting called for that purpose the township board may adopt, by majority vote of its membership, pursuant to this act, a zoning ordinance for the portions of the township outside the limits of cities and villages, with or without amendments that have been previously considered by the zoning board or at a hearing, and may give the ordinance effect . . ..' Thus, if the township board considers amendments, changes, additions or departures advisable with respect to the text of a proposed zoning plan, it must refer such amendments, changes, additions or departures to the township zoning board for a report. After receiving such report, the township board must grant a hearing to a property owner if a request is made by certified mail addressed to the clerk of the township board. Notice of such hearing must be published. MCL 125.281; MSA 5.2963(11), in pertinent part, provides: 'Notice of a public hearing held by the township board shall be published in a newspaper which circulates in the township. The notice shall be published not more than 15 days nor less than 5 days before the hearing.' A plain reading of MCL 125.281; MSA 5.2963(11), however, discloses no requirement for the publication of a notice by the township board of its intention to take final action on a proposed zoning amendment. This conclusion is consistent with OAG, 1979-1980, No 5770, p 917, 918 (August 12, 1980), which discussed not only the procedure for adoption of new zoning ordinances but also amendments to existing zoning ordinances and the publication of such ordinances and amendments, stating in pertinent part: 'When a proposed new zoning ordinance, or an amendment to an existing zoning ordinance, is referred to the township board, the township board (1) may return the same to the township zoning board to consider changes; (2) may schedule additional hearings on its own initiative; (3) must hold a hearing upon the request of a property owner; or (4) proceed to adoption pursuant to 1943 PA 184, supra, Sec. 11 [MCL 125.281; MSA 5.2963(11)] . . .. 'Under 1943 PA 184, Sec. 11, supra, and where additional hearings are not scheduled, adoption of the ordinance may occur at the same meeting of the township board at which referral occurred, or immediately after the mandatory hearing provided to a property owner following proper request . . ..' [Footnote omitted. (1) It is my opinion, therefore, that MCL 125.281; MSA 5.2963(11), does not require a township board to publish a notice indicating its intention to take final action on a proposed zoning amendment. It is my further opinion that where the township board holds a hearing (either at its own discretion or because a property owner has requested a hearing as to changes made by the township board with respect to a proposed amendment transmitted to the township board by the township zoning board), notice of such hearing must be published in a newspaper circulated in the township not more than fifteen days nor less than five days prior to the hearing. Frank J. Kelley Attorney General (1)
[ Previous Page] [ Home Page ]