The Township Board shall designate a Zoning Administrator to act as its officer to effect proper administration of this Ordinance and may designate a Building Inspector with terms of employment and rate of compensation established in accordance with the provisions of Act 184, P.A. 1943. These officers may or may not be the same person.

No building or part thereof, except farm buildings as defined by Article 4, paragraph 4.3, shall hereafter be erected, moved, enlarged or altered until a zoning compliance permit has been approved by the Zoning Administrator and permit granted by the Building Inspector. Application shall be filed by the owner or his agent and it shall state the intended use of structure and of the land. The application shall be accompanied by building plans, a plot plan or such other information needed for alterations as may be necessary to provide for the enforcement of this Ordinance. For multi-family, business, or industrial buildings complete specifications, building and plot plans shall be furnished and signed by the person preparing them and by the owner of the property of building involved. Plans shall be drawn to scale and shall show dimensions in figures. A fee as set by the Township Board to defray the costs of administration and inspection shall accompany any plans or application.

No building permit shall be issued unless the plans and intended use conform in all respects to the provisions of this Ordinance. All building permits shall expire one (1) year from their date of issuance. When construction is not completed within a one (1) year period, a reasonable extension of time may be granted upon application to the Building Inspector.

The office of Zoning Administrator is hereby established. The Zoning Administrator shall:

.1 Investigate any alleged violation of the Zoning Ordinance coming to his attention. If a violation is found to exist, he may serve the first notice upon the person responsible for such violation, indicating the nature of the violation and stating the action necessary to correct it. If the violation has not been corrected within 14 days of such notice, the Zoning Administrator may serve a second notice upon the violator, allowing seven (7) days for compliance.

If violation continues after the second notice the Zoning Administrator shall request the Township Board to authorize court enforcement.

(a) The Zoning Administrator may at any time request the Township Board to initiate criminal or civil action if in the Zoning Administrators' opinion the violator shows no intention to abate the infraction(s).

.2 Assist citizens in determining what zoning procedures and forms apply to individual requests.

.3 Review and investigate permit applications to determine compliance with the Zoning Ordinance. Resubmission of denied applications need not be acted on if there is no substantial change in the facts of the request.

.4 Issue the appropriate permit when all provisions of the ordinance have been complied with. If the proposed use is not in compliance with the Ordinance, advise the applicant that he may appeal the decision to the Zoning Board of Appeals, if the applicant so desires.

.5 Periodically report to the Township Board and the Planning Commission on the status of township zoning operations. The date and frequency of such reports shall be specified by the Township Board and Planning Commission respectively.

.6 Develop and conduct, in conjunction with the Planning Commission, a program to educate and inform township residents on zoning matters.

.7 Carry out any directives issued by the Planning Commission or Zoning Board of Appeals.

.8 Settle any disputes concerning the meaning of any particular portion of the Zoning Ordinance by requesting an interpretation from the Zoning Board of Appeals.

.9 Keep accurate and up-to-date records of all permits and applications.

The office of Building Inspector is hereby established. The building code shall be enforced by the Building Inspector, who shall in no case issue any building permit nor grant any Certificate of Occupancy where the proposed building or alteration would be in violation of any provision of the building code except under written order of the Township Board or Planning Commission. The Township Board may designate the Newaygo County Building Inspector to fulfill the requirements of this section, in that event the Building Inspector will conform to the rules of that office. The Township Board may re-establish the office of Building Inspector with proper notification of the Newaygo County Building Inspector.

.1 Inspection: The Building Inspector shall inspect all new construction or alterations at the time footings are placed, at the time the basic walls are completed and at the completion of the construction or alterations authorized. He shall make such additional inspections necessary to insure compliance with the provisions of this Ordinance. The Building Inspector shall make periodic inspection of the Township to ascertain that the requirements of this Ordinance are being complied with.

.2 Records: The Building Inspector shall keep records of all inspections, applications and permits issued, with a notation of special conditions involved. He shall file and safely keep copies of all plans, other than for one-family houses, and record all fees submitted with applications. The same shall form a part of the records of his office and shall be readily available to the Township Board and all other officials of the Township.

No land shall be used and no building hereafter erected or altered shall be occupied or used for any purpose until a Certificate of Occupancy shall have been issued by the Building Inspector stating that the premises or building complies with the provisions of approved plans and all Ordinances of Wilcox Township. Where any Special Use Conditions are applicable, said conditions shall be stated on the Certificate of Occupancy.

A record of all Certificates of Occupancy shall be kept on file in the Office of the Building Inspector. A copy shall be sent to the appropriate Township Clerk and assessing officer.

.1 Any owner or agent, and any person or corporation who shall violate any of the provisions of this Ordinance or fail to comply with any of the requirements thereof or who shall erect, alter, enlarge or move any building, or who shall put into use any lot in violation of any detailed statement or plan submitted hereunder, or who shall refuse reasonable opportunity to inspect any premises, shall be liable to a fine or to imprisonment, or to both such fines and imprisonment. Each and every day such violation continues shall be deemed a separate and distinct violation.

The owner of any building or land where anything in violation of this Ordinance shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who assists in the commission of such violation and upon conviction thereof shall each be liable to the fine or imprisonment, or both specified in this Article.

.2 In addition to criminal sanctions, the Township or any owner(s) of land or a structure within the zoning district in which such land or structure is situated, may institute any appropriate action or proceeding to prevent, enjoin, abate or remove any unlawful erection, construction, maintenance or use of such land or structure. The rights or remedies provided herein are cumulative and in addition to all other remedies provided by law.

.3 In the event of any violation of any provisions of this Zoning Ordinance, and in addition to all other remedies provided herein, the Township Board may undertake to correct the violation and to assess the land or premises for the cost thereof, which said assessment shall become a lien upon said land and shall be collected in the same manner as Township ad valor em taxes in accordance with the statutes in such case made and provided.

The Township Board shall establish a schedule of fees, charges, and expenses, and a collection procedure for zoning, building, occupancy, or special land use permits, site plan review, appeals, variances, and other matters pertaining to the Ordinance. The schedule of fees shall be posted in the Office of the Zoning Administrator and Building Inspector, and may be altered or amended by the Township Board only. Provided further that the schedule of fees shall be deemed a minimum or base fee, and in addition the Township may charge its actual costs and expenses incurred in the review of such permits, appeals, or other petitions submitted pursuant to this Ordinance, which costs may include but shall not be limited to: Publication fees, professional engineering or site plan review fees by such professionals as the Township may engage, and attorney fees incurred by the Township in reviewing and drafting documents necessary to the review or grant of any petition submitted to the Township under this Ordinance. No permit, certificate, conditional use approval or variance shall be issued until such costs, charges, fees, or expenses have been paid in full, nor shall any action be taken on proceedings before the Board of Appeals or Planning Commission until preliminary charges and fees have been paid in full. Fees now provided in other existing Ordinances of the Township will remain in effect until amended by the Township Board. No part of any fee shall be refunded except in case of an appellant being upheld by the Zoning Board of Appeals.

.1 IN GENERAL. Pursuant to the Rural Zoning Act, there shall be established a Zoning Board of Appeals. Members and alternates shall be appointed by the Township Board for overlapping terms of three years, running from January 1 of the year appointed. The Board of Appeals shall have three (3) regular members and may have up to two (2) alternate members. One (1) member of the Planning Commission shall concurrently be a regular member of the Board of Appeals. One (1) member of the Township Board may concurrently be a regular member of the Board of Appeals, but shall not serve as chair of the Board of Appeals. The members shall be selected from among the electors residing in the unincorporated area of Wilcox Township and shall be representative of the population distribution and of the various interests present in the Township. Vacancies shall be filled by appointment for unexpired terms. No member shall be an employee of Wilcox Township.

.2 ALTERNATE MEMBERS An alternate member of the Board of Appeals may be called to sit by the chair of the Board of Appeals as a regular member of the Board of Appeals in the absence of a regular member. An alternate member may also sit as a member of the Board of Appeals in place of a regular member for the purpose of reaching a decision on a matter in which a regular member has abstained for reasons of a conflict of interest. Once the alternate member sits as member of the Board of Appeals for any case, the alternate member shall continue to serve in that case in place of the regular member until a final decision has been made by the Board of Appeals with respect to that matter. When sitting in place of a regular member, an alternate member shall have the same voting rights as a regular member of the Board of Appeals.

.3 NO "EX PARTE" COMMUNICATIONS. Zoning Board members shall have no outside contact with applicants, applicants' representatives or neighbors regarding applications brought before the Zoning Board of Appeals.

(a) The Zoning Board of Appeals must act as a board and not as individual members.

(b) "Ex parte" communications by individual members of the Zoning Board of Appeals with applicants, applicants' representatives or neighbors in person, by telephone or by visits are improper and shall not occur.

(c) If a member is contacted by an applicant's representative or a neighbor, the member shall immediately inform the person that he or she cannot discuss the matter.

The Zoning Board of Appeals shall perform all the duties and have all the powers prescribed by Act 184, Public Acts of 1943, as amended. It shall adopt rules of procedure consistent with the provisions of said Act and other local ordinances as it may deem necessary to the proper performance of its duties and the proper exercise of its powers.

The Zoning Board of Appeals may employ clerical or other assistance as may be necessary, provided that it shall not at any time incur any expense beyond the amount available for that purpose.

Meetings of the Zoning Board of Appeals shall be held at the call of the chairman and at such other times as the Zoning Board of Appeals may determine necessary for the efficient conduct of its business. All meetings shall be open to the public.

Appeals to the Zoning Board of Appeals may be taken by any party aggrieved by a decision or order of the Zoning Administrator or by an officer or agency of the Township affected by such decision or order. A notice of appeal, specifying the grounds thereof, shall be filed with the Clerk of the Township within 30 days after the date of the action appealed from. A copy of the notice shall promptly be served upon the officer from whom the appeal is taken. Said officer shall forthwith transmit to the Zoning Board of Appeals all records upon which the action appealed from was taken. An appeal shall stay all proceedings, decisions or orders unless said officer certified to the Zoning Board of Appeals that a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed except upon a restraining order by the Zoning Board of Appeals or by the Circuit Court.

Subject to the provisions of ARTICLE 17.1 of this Ordinance, and in addition to other duties and powers specified herein, the Zoning Board of Appeals, after public hearing shall have the power to decide application for variances:

.1 Where it is alleged that there is error or misinterpretation in any order, requirement, decision or refusal made by the Building Inspector or other administrative agency of the municipality in the carrying out of the provisions of this Ordinance, or:

.2 Where it is alleged that by reason of the exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or other extra-ordinary situation of the land or building or of the use of property immediately adjoining the property in question, the literal enforcement of this Ordinance would involve practical difficulties or would cause undue hardship; provided that the Zoning Board of Appeals shall not grant a variance on a lot if the owner or members of his family own or owned adjacent land which could, without undue hardship, be included as part of the lot or:

.3 Where there are practical difficulties or an unnecessary hardship preventing a property owner from conforming with the strict letter of the ordinance, the Zoning Board of Appeals has the power in passing on the appeal, to vary or modify any of its rules, regulations or ordinance provisions by granting variances.

No variance in the provisions or requirements of this Ordinance shall be authorized by the Zoning Board of Appeals unless the Zoning Board of Appeals finds from reasonable evidence that such variance will not be a substantial detriment to adjacent property and will not materially impair the intent and purpose of this Ordinance or of the public health, safety and welfare, and further, that two of the following facts and conditions exist:

.1 That there are exceptional or extraordinary circumstances or conditions applying to the specific property that do not apply generally to other properties in the same zone.

.2 That such variance(s) must be necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the zone, provided that increased financial return shall not be deemed sufficient to warrant a variance(s).

.3 That the condition or situation of the specific property or the intended use is not of so general or recurrent a nature as to make reasonably practical a general regulation as part of this Zoning Ordinance.

The Zoning Board of Appeals shall not grant a Land Use Variance.

Upon the filing of any appeal or other matter over which the Zoning Board of Appeals has jurisdiction, the Zoning Board of Appeals shall hold a public hearing on such matter not earlier than 15 days after the date of such filing, and shall cause notice of the time and place of the hearing to be given to the applicant and a similar notice, stating the purpose of the hearing to be published in a newspaper of general circulation at least 15 days prior to the hearing. The applicant shall give written notice in person, or by certified mail, to all owners of property within 300 feet of the property to be affected by said appeal or application at least 72 hours prior to said hearing. The applicant shall present satisfactory proof to the Zoning Board of Appeals at the time of the hearing that said notices have been served. Whenever said owners are non-residents, such notices may be given by certified mail to the last know address of the property owner as shown by the most recent tax lists.

The Zoning Board of Appeals shall render its decision upon such application within 60 days after the hearing thereon and notify the applicant of its decision. Upon failure to do so, such application shall be deemed to be decided adversely to the applicant in the same manner as though the Zoning Board of Appeals had rendered its decision to that effect.

Upon filing of any appeal or application to the Zoning Board of Appeals, the applicant shall pay reasonable fees to defray the cost of publishing notice of hearing and recording the matter. There shall be no fee for decisions called for in this Ordinance. Said fee shall be paid to the Township Clerk before any action is taken on said petition. Fees may be changed by the Township Board at any regular meeting, which change shall take effect 30 days after publication of such change.

If the variance is granted or other action by the applicant is authorized, the necessary permit shall be secured and the authorized action begun within three (3) months after the date the variance is granted, and the structure or alteration shall be completed within twelve (12) months of said date.

The Zoning Board of Appeals may, upon application stating the reasons, extend either the 3 or the 12 month periods, but if the Zoning Board of Appeals finds no good cause for the failure to act or complete within such periods and if the Zoning Board of Appeals further finds that conditions have altered or changed in the interval since the action was granted, the Zoning Board of Appeals shall revoke or rescind its approval. Should the applicant fail to obtain the necessary permit or fail to commence work within such 3 month period, it shall be conclusively presumed that the applicant has waived, withdrawn and abandoned his appeal and all permissions, variances, and permits shall be deemed automatically rescinded.

The final disposition of any matter of the Zoning Board of Appeals shall require the concurring vote of a majority of its members.

The Secretary shall keep minutes of the Zoning Board of Appeal's proceedings showing the vote of each member upon every question or if absent or failing to vote, indicating that fact. The Secretary shall keep records of the Board's examinations and official actions, all of which shall be filed with the Township Clerk and be a public record.

The Zoning Board of appeals may not through any decision, interpretation or action alter, vary or otherwise negate any provisions of this Ordinance except as specified. Where the Zoning Board of Appeals finds recurrent requests for relief of any specific provision is creating unnecessary hardship, the Zoning Board of Appeals shall submit a request for restudy and reconsideration to the Wilcox Township Planning Commission.

The use, area, height and yard requirements of this Ordinance are carefully drawn to preserve density standards in land use which will provide long-range protection for the public health, safety and economy of the Township. In some cases, however, these purposes may be equally well served by permitting Planned Unit Development. A Planned Unit Development preserves the desired density standards on a tract of land but often consolidates the individual yard spaces required in a Zone District to provide community park or open spaces rather than conventional yards; in addition a mixture of development types, for example, single-family, two-family, and multiple dwelling units along with minor accessory neighborhood service businesses might all be incorporated in a development plan of this type.

A Planned Unit Development may be permitted on a tract of ten (10) acres or more if it is compatible with the Newaygo County Water and Sewer Plan and the Newaygo County Master Plan. The following procedures and requirements shall be complied with:

.1 PRELIMINARY PLANNING. A Preliminary plan shall be submitted pursuant to Article 23.0. When said preliminary plan is approved the developer may proceed with the site plan as described in Article 23.

.2 PREPARATION OF PLANS: If the decision is affirmative the developer may proceed with the preparation of detailed plans. The following standards shall be met:

(a) The parcel must be designed as an entity, intended to be completed within three (3) years if less than 30 acres or five (5) years if more than 30 acres.

(b) All streets shall be dedicated to the public and shall conform to the standards of the Newaygo County Road Commission and the Newaygo County Utility Extension and Subdivision Ordinance.

(c) The size of individual single family home sites may be reduced by 30 percent provided the number of dwellings does not exceed the number which would be permitted in a conventional development of single family homes in the Zone District at the required lot area standards; the resulting open space shall be permanently available to all homes in the area in the form of a well-planned, well-maintained common park or parks.

(d) Where a mixture of dwelling units (single family, two-family and multiple dwellings) is planned no more dwelling units may be authorized than would result if the conventional yard and area requirements of each Zone District were met. Any consolidate open-space areas shall be permanently available to all dwelling units in the development in the form of a well-planned, well-maintained park.

(e) The sign regulations of the single family residential districts shall be complied with for single family homes. The sign regulations pertaining to the Multiple Family Zone shall be met for multiple-unit development.

(f) Off-street parking requirements for each dwelling type shall be met.

(g) Any proposed commercial development shall be limited exclusively to service businesses necessary for neighborhood convenience.

.3 APPLICATION AND SITE PLAN. An application to the Planning Commission shall be filed along with a Site Plan pursuant to Article 23 of this ordinance. In addition the following conditions must be met:

(a) The parcel must be designed as an entity, intended to be completed  within three (3) years if less than 30 acres or five (5) years if more than 30 acres.

(b) All streets shall be dedicated to the public and shall conform to the standards of the Newaygo County Road Commission and the Newaygo County Utility Extension and Subdivision Ordinance.

(c) The size of individual single family home sites may be reduced by 30 percent provided the number of dwellings does not exceed the number which would be permitted in a conventional development of single family homes in the Zone District at the required lot area standards: the resulting open space shall be permanently available to all homes in the area in the form of a well planned, well maintained common park or parks.

(d) Where a mixture of dwelling units (single family, two family and multiple dwellings) is planned no more dwelling units may be authorized  than would result if the conventional yard and area requirements of each Zone District were met. Any consolidate of open space areas shall be permanently available to all dwelling units in the development in the form of a well planned, well maintained park.

(e) The sign regulations of the single family residential districts shall be complied with for single family homes. The sign regulations pertaining to the Multiple Family Zone shall be met for multiple-unit development.

(f) Off-street parking requirements for each dwelling type shall be met.

(g) Any proposed commercial development shall be limited exclusively to service businesses necessary for neighborhood convenience.

(h) A general description of the proposed development and an estimated time-table of construction.

(i) A detailed description of restrictions which will be placed on subdivided lots to insure that the planned characteristics of the development will be preserved and protected.

(j) A detailed proposal for method to be used in maintaining and preserving the required open park spaces for resident's use.

(k) Utilities, Water and Sewer: Description of available utility services or plans for developing such systems if not now present. If connection to non-township services is required, the developer shall have a plan to implement such connections. The initial and ongoing cost of such services shall be borne by the development, including service connections across land not part of the development, such as hydrants, mains, sanitary sewers, storm drains and other associated elements. If there are intervening users that benefit from the extension of such services they may be assessed part of the cost by the Township Board.

(l) Fire protection: The developer shall provide a description of the development to the White Cloud Area Fire Board and shall request a written opinion from said Board regarding the impact and effect on the services provided by the White Cloud Area Fire Department. The report shall accompany the application.

(m) Proposed building sites and lots with dimensions: parking areas including landscaping and drives; streets and street right-of-way widths; setback lines; distances between buildings and lot lines; location of sewers and water mains, permanent open spaces; types (single-family, two-family, multiple unit buildings) proposed commercial structures if any, including parking areas and flood area devoted to business uses.

(n) A proposed schedule of land area by use, building ground coverage, required lot area of the zone district for each use, proposed lot areas and preserved open space per lot for the development.

The application, site plan and finding shall be submitted to the Township Board for action. A conditional approval along with suggested changes for better site development may be given to a proposal; in this event, the amended site plan should be returned to the applicant for confirmation that the proposed changes have been made before submission to the Township Board.

.1 TOWNSHIP BOARD ACTION: Upon receipt of the finding by the Planning Commission, the Township Board may then approve or disapprove the Planned Unit Development.

The Planning Commission, at its discretion may impose other requirements it deems necessary to insure that the project will be developed as planned; this may include a performance guarantee to insure that all the conditions of approval will be met and the estimated timing schedule protected. As an alternate, where single units and multiple units and/or business use is proposed, no permit for single units or business use shall be issued until 30% of the multiple units are under construction.

.1 Entertainment shall include any and every form of entertainment including fairs, races, concerts, contests and carnivals of every nature, exhibitions, and sporting events.

.2 Place shall mean any area, public or private in Wilcox Township.

Before any person shall conduct, manage, perform or commence to conduct, manage or perform any entertainment anyplace in the Township of Wilcox whether for consideration of any nature or, in which the total number of people involved is 25 persons or more, said person shall apply to the Township Board and obtain a permit therefore.

Applicants for a permit under this Ordinance must file with the Township Clerk a sworn application, in writing, in duplicate, on a form furnished by the Township Clerk, which shall give the following information:

.1 The name and permanent address of the applicant as well as the local address of the applicant and phone numbers at which the applicant can be contacted during regular business hours.

.2 If the applicant is any agent, employee or officer of another person for whom the application is made, the applicant shall give the same information for said principal as in (.1) above and the principal shall also designate a registered agent within the State of Michigan upon whom process and all notices may be served, with the name, address and telephone number thereof, indicating the relation between applicant and principal.

.3 The place where the entertainment is to be held and a copy or copies of the proposed contract to furnish the entertainment if there is one, or if there is no contract, a summary description of the proposed agreement.

.4 The number of persons proposed to be part of the entertainment, as well as to attend the entertainment.

.5 The number and location of the available parking exclusive of public parking to service the entertainment.

.6 The date of the proposed entertainment and a brief description of the entertainment.

.7 Any proposed precautions to be taken; police protection, fire protection to be furnished or needed.

.8 A permit from the Building Inspector covering any temporary and/or permanent construction. All sanitation permits required by Health District Number 5.

Fees for permits shall be set from time to time by resolution of the Township Board.

.1 The permit shall set out the length of time it is valid and shall not be assignable or renewable.

This Ordinance shall not apply to the following entertainment:

.1 Entertainment put on, conducted, or otherwise under the supervision of local Public Schools or local churches unless it involves contracting with third parties for the performance of the entertainment for profit.

.2 Entertainment where the total number of tickets or reasonably expected spectators is less than 25.

Bond and Surety shall be required to save the Township harmless from any claim or damage arising out of the entertainment. To reimburse the Township for reasonable expenses incurred in protecting the health, safety and welfare of the public or persons attending the entertainment in the following cases:

.1 Where the reasonably to be anticipated number of participants, plus spectators exceeds the number of parking places under the direct control of the persons putting on the entertainment, exclusive of public property, parking lots, streets, alleys and right-of-way.

.2 Where the activity by its nature or past experience has been such as to subject any person and any property to an unusual risk of injury or damage or where the entertainment or activity incidental thereto or usually connected therewith will result in litter, damage to lawns, or will increase the normal work load of the Township or private owners, or where additional police protection, other governmental forces, fire protection, ambulance service, street closings, etc. can reasonably be expected.

.3 Such bond and/or surety may be in cash and in an amount to reasonably secure the Township, the public and private owners as well as the County and State, if their help is necessary, from any damage or personal injuries or liability and any added costs rendered necessary by the entertainment; or by a bond with sureties satisfactory to the Township that Public Liability and Property Damage may be required if necessary to protect the aforesaid persons.

.4 Amount of bond shall be determined by the Township Board.

.5 Denial of Permit. A permit may be denied if the Township Board shall determine that the entertainment, or any direct or indirect effects thereof, will be detrimental to the health, welfare or safety of the public.

Permits issued under the provisions of this Ordinance may be revoked by the Township Board after notice and hearing for any of the following causes:

.1 Fraud, misrepresentation, or false statement contained in the application for license.

.2 Fraud, misrepresentation, or false statement made in the course of carrying on the entertainment.

.3 Any violation of this Ordinance.

.4 Conviction of any crime or misdemeanor involving moral turpitude or;

.5 Conducting the entertainment in an unlawful manner or in such a manner as to constitute a breach of peace, or to constitute a menace to the health, safety or general welfare of the public.

.6 When the conditions of approval under which the permit was granted are not being met.

.7 Notice of Hearing:

Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five (5) days prior to the date set for a hearing, unless the Township Board determines an emergency requiring a shorter period.

Refer to Article 16.6.

Any interested person or public agency may make written request to the Township Board for a zoning change or amendment to this Zoning Ordinance. If said request shows just cause for consideration the Township Board shall:

.1 Forward the request to the Planning Commission for study and report within a specified period, not less than 60 days.

.2 Set a time and place for public hearing, to be held by the Planning Commission, in no event sooner than 60 days from such action, and provide for the legal publishing of notice of such hearing with two notices, the first not more than 30 days or less than 20 days and the second not more than 8 days prior to said hearing. Not less than 20 days notice of the time and place of the hearing shall also be given by mail to each electric, gas, pipeline and telephone public utility company and to each railroad operating within the district or zone affected, that registers its name and mailing address with the Planning Commission for the purpose of receiving the notice. An affidavit of mailing shall be maintained. The notices shall include the places and times at which the tentative text and any maps of the zoning ordinance amendment may be examined.

.3 In the event of a rezoning amendment, notice shall be given 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. The notice can be delivered in person or by mail, an affidavit of mailing shall be filed with the Planning Commission before the hearing.

.4 Collect a fee from the applicant sufficient in amount to cover the expense of said notices and hearing.

The Planning Commission shall hold said public hearing, receiving all comments and reports requested or noting the absence of such. The Planning Commission shall transmit the results of the hearing to the Township Board, including comments, reports, summary of testimony received and a recommendation of acceptance or denial.

.1 The Township Board may: Adopt such amendments with or without changes, provided such changes are decided upon at the public hearing or refer the same for further report or deny said amendment. This procedure shall conform to MCL 125.281 (P.A. 183 of 1943 as amended).