For the purpose of convenience, the city is hereby divided into areas which are placed on maps as hereafter provided.

(Ord. No. 96-5, § 300, 3-5-1996)

For the purposes of this article, the city is hereby divided into the following zoning districts:

(Ord. No. 96-5, § 301, 3-5-1996)

Each area shall be set forth on a map containing such information as may be acceptable to the council and showing by appropriate means the various districts into which the area is divided, which map shall be entitled "Zoning District Map(s) of the City of Algonac," and shall bear the date adopted or amended, and it shall be the duty of the city mayor and clerk to authenticate such records by placing their official signatures thereon. All such maps with all explanatory matter thereon are hereby made a part of this article and shall be as much a part of this article as if the matters and information set forth thereon were all fully described herein.

(Ord. No. 96-5, § 302, 3-5-1996)

Editor's note— The zoning map referred to in section 302 has not been reproduced herein but is available for inspection in appropriate city offices.

Where uncertainty exists with respect to the boundaries of any of the districts established in this article as shown on the zoning district map, the following rules shall be applied:

(1)

Where district boundaries are indicated as approximately following the centerlines of streets or highways, street lines or highway right-of-way lines, such centerlines, street lines or highway right-of-way lines shall be construed to be such boundaries.

(2)

Where district boundaries are indicated as approximately parallel to the centerlines of streets or the centerlines of right-of-way lines of the highways, such district boundaries shall be construed as being parallel thereto and at such distances therefrom as indicated on the zoning district map. If no such distance is given, such dimension shall be determined by the use of the scale shown on the zoning district map.

(3)

Where district boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be such boundaries.

(4)

Where the boundary of a district follows a stream, lake or other body of water, such boundary line shall be deemed to be located midway between opposite shores.

(5)

Where the boundary of a district follows a subdivision boundary line, such boundary line shall be construed to be such district boundary line.

(6)

Where unzoned property may exist or where, due to the scale, lack of detail or illegibility of the zoning district map accompanying the ordinance from which this article is derived, there is any uncertainty, contradiction or conflict as to the intended location of any district boundaries shown thereon, interpretation concerning the exact location of district boundary lines shall be determined, upon written application or upon its own motion, by the board of appeals.

(Ord. No. 96-5, § 303, 3-5-1996)

Where uncertainty exists with respect to uses permitted in any district, or any condition set forth in this chapter, the following rules shall apply:

(1)

No use of land shall be permitted in any use district except those uses specifically set forth in the district.

(2)

Uses or structures not specifically permitted in a zoning district shall be prohibited in such district.

(3)

Unless otherwise provided for in this article where uses of yard areas are indicated as being permitted, the use of any other yard area for additional use shall be prohibited.

(Ord. No. 96-5, § 304, 3-5-1996)

Wherever any street, alley or other public way within the city shall be vacated, such street, alley or other public way or portion thereof shall automatically be classified in the same zoning district as the property to which it attaches.

(Ord. No. 96-5, § 305, 3-5-1996)

Any area annexed to the city shall immediately upon such annexation be automatically classified as an R-1 district until a zoning district map for such area has been adopted by the council. The planning commission shall recommend appropriate zoning for such area within three months after the matter is referred to it by the council.

(Ord. No. 96-5, § 306, 3-5-1996)

All buildings and uses in any district shall be subject to the provisions of article XV, general provisions, and article XVI, general exceptions, of this chapter. Uses for enterprises or purposes that are contrary to federal, state, or local laws or ordinances are prohibited.

(Ord. No. 96-5, § 307, 3-5-1996; Ord. No. 2010-03, § 1, 8-3-2010)

(a)

Mandatory conditions precedent. The planning commission shall impose on all special use permits granted under this article the following conditions precedent:

(1)

It must determine that the proposed special use harmoniously co-exists with the adjacent land uses and the surrounding neighborhood in general;

(2)

It must determine that the proposed special use promotes and protects the public health, safety, tranquility, or general welfare of a zoning district, including, but not limited to, those reasonably calculated to reduce or minimize the hazards to vehicular or pedestrian traffic; and

(3)

In furtherance of these determinations, traffic, market, environmental and other reports as deemed necessary to make an informed determination may be ordered.

(b)

Optional conditions precedent. The planning commission may act to protect the best interest of the city and the surrounding property within the zoning district, or an adjacent district, and to achieve the objectives of this chapter by adding additional conditions precedent.

(c)

Conditions imposed pursuant to subsection (b) of this section shall meet all of the following requirements:

(1)

Be designed to protect the public health, safety, tranquility, and general welfare; the social and economic well-being of both residents and landowners immediately adjacent to the proposed land use or activity, and the surrounding neighborhood generally; those who will use the land use or activity under consideration; the city's natural resources; and the community as a whole.

(2)

Be related to the valid exercise of the police power, and purposes which are affected by the proposed use or activity.

(3)

Be necessary to meet the intent and purpose of this article, be related to the standards established in the ordinance for the land use or activity under consideration, and be necessary to ensure compliance with those standards.

(d)

The conditions imposed with respect to the approval of a special land use or activity shall be recorded in the record of the approval action, and shall remain unchanged except upon the mutual consent of the planning commission and the landowner. The planning commission shall maintain a record of conditions that are changed.

(e)

The conditions imposed by this section shall occur contemporaneously and in conjunction with the reviews referenced in sections 50-82, 50-112, 50-142, 50-172, 50-202, 50-230, 50-258, 50-284, 50-309 and 50-339.

(Ord. No. 96-5, § 307, 3-5-1996; Ord. No. ZOA-2016-01, 7-5-2016)

It is recognized that there are certain instances where it would be in the best interests of the city, as well as advantageous to property owners seeking a change in zoning boundaries, if certain conditions could be proposed by property owners as part of a request for rezoning. It is the intent of this section to provide a process consistent with the provisions of section 405, Michigan zoning enabling act, Public Act No. 110 of 2006 (MCL 125.3405) by which an owner seeking a rezoning may voluntarily propose conditions regarding the use and/or development of land as part of the rezoning request.

(Ord. No. 96-5, § 308, 3-5-1996)

(a)

An owner of land may voluntarily offer in writing conditions relating to the use and/or development of land for which a rezoning is requested. This offer may be made either at the time the application for rezoning is filed, or may be made at a later time during the rezoning process.

(b)

The required application and process for considering a rezoning request with conditions shall be the same as that for considering rezoning requests made without any offer of conditions, except as modified by the requirements of this section.

(c)

The owner's offer of conditions may not purport to authorize uses or developments not permitted in the requested new zoning district.

(d)

The owner's offer of conditions shall bear a reasonable and rational relationship to the property for which rezoning is requested.

(e)

Any use or development proposed as part of an offer of conditions that would require a special land use permit under the terms of this article may only be commenced if a special land use permit for such use or development is ultimately granted in accordance with the provisions of this article.

(f)

Any use or development proposed as part of an offer of conditions that require variance under the terms of this article may only be commenced if a variance for such use or development is ultimately granted by the zoning board of appeals in accordance with the provisions of this article.

(g)

Any use or development proposed as part of an offer of conditions that would require site plan approval under the terms of this article may only be commenced if site plan approval for such use or development is ultimately granted in accordance with the provisions of this article.

(h)

The offer of conditions may be amended during the process of rezoning consideration provided that any amendments or additional conditions are entered voluntarily by the owner. An owner may withdraw all or part of its offer of conditions any time prior to final rezoning action, provided that if such withdrawal occurs subsequent to the planning commission's public hearing on the original rezoning request, then the rezoning application shall be referred to the planning commission for a new public hearing with appropriate notice and a new recommendation.

(Ord. No. 96-5, § 308(1), 3-5-1996)

The planning commission, after public hearing and consideration of the factors for rezoning, shall recommend approval, approval with recommended changes or denial of the rezoning; provided, however, that any recommended changes to the offer of conditions are acceptable to and thereafter offered by the owner.

(Ord. No. 96-5, § 308(2), 3-5-1996)

After receipt of the planning commission's recommendations, the city council shall deliberate upon the requested rezoning and may approve or deny the conditional rezoning request. The city council's deliberations shall include, but not be limited to, a consideration of the factors for rezoning of this chapter. Should the city council consider amendments to the proposed conditional rezoning advisable and if such contemplated amendments to the offer of conditions are acceptable to and thereafter offered by the owner, then the city council shall, in accordance with section 405 of the Michigan zoning enabling act (MCL 125.3405), refer such amendments to the planning commission for a report thereon within a time specified by the city council and proceed thereafter in accordance with said statute to deny or approve the conditional rezoning with or without amendments.

(Ord. No. 96-5, § 308(3), 3-5-1996)

(a)

If the city council finds the rezoning request and offer of conditions acceptable, the offered conditions shall be incorporated into a formal written statement of conditions acceptable to the owner and conforming in form to the provisions of this section. The statement of conditions shall be incorporated by attachment or otherwise as an inseparable part of the ordinance adopted by the city council to accomplish the requested zoning.

(b)

The statement of conditions shall:

(1)

Be in a form recordable with the register of deeds of the county or, in the alternative, be accompanied by a recordable affidavit, or memorandum prepared and signed by the owner giving notice of the statement of conditions in a manner acceptable to the city council.

(2)

Contain a legal description of the land to which it pertains.

(3)

Contain a statement acknowledging that the statement of conditions runs with the land and is binding upon successor owners of the land.

(4)

Incorporate by attachment or reference any diagram, plans or other documents submitted or approved by the owner that are necessary to illustrate the implementation of the statement of conditions. If any such documents are incorporated by reference, the reference shall specify where the document may be examined.

(5)

Contain a statement acknowledging that the statement of conditions or an affidavit or memorandum giving notice thereof may be recorded by the city with the register of deeds of the county.

(6)

Contain the notarized signatures of all of the owners of the subject land preceded by a statement attesting to the fact that they voluntarily offer and consent to the provisions contained within the statement of conditions.

(c)

Upon rezoning taking effect, the zoning map shall be amended to reflect the new zoning classification along with a designation that the land was rezoned with a statement of conditions. The city clerk shall maintain a listing of all lands rezoned with a statement of conditions.

(d)

The approved statement of conditions or an affidavit or memorandum giving notice thereof shall be filed by the city with the register of deeds of the county. The city council shall have authority to waive this requirement if it determines that, given the nature of the conditions and/or the time frame within which the conditions are to be satisfied, the recording of such a document would be of no material benefit to the city or to any subsequent owner of the land.

(e)

Upon the rezoning taking effect, the use of the land so rezoned shall conform thereafter to all of the requirements regulating use and development within the new zoning district as modified by any more restrictive provisions contained in the statement of conditions.

(Ord. No. 96-5, § 308(4), 3-5-1996)

(a)

Any person who establishes a development or commences a use upon land that has been rezoned with conditions shall continuously operate and maintain the development or use in compliance with all of the conditions set forth in the statement of conditions. Any failure to comply with a condition contained within the statement of conditions shall constitute a violation of this chapter and be punishable accordingly. Additionally, any such violation shall be deemed a nuisance per se and subject to judicial abatement as provided by law.

(b)

No permit or approval shall be granted under this article for any use or development that is contrary to an applicable statement of conditions.

(Ord. No. 96-5, § 308(5), 3-5-1996)

Unless another time period is specified in the ordinance rezoning the subject land, the approved development and/or use of the land pursuant to building and other required permits must be commenced upon the land within 18 months after the rezoning took effect and thereafter proceed diligently to completion. This time limitation may upon written request be extended by city council if:

(1)

It is demonstrated to the city council's reasonable satisfaction that there is a strong likelihood that the development and/or use will commence within the period of extension and proceed diligently thereafter to completion; and

(2)

The city council finds that there has not been a change in circumstances that would render the current zoning with statement of conditions incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy.

(Ord. No. 96-5, § 308(6), 3-5-1996)

If approved development and/or use of the rezoned land do not occur within the time frame specified under section 50-48, then the land shall revert to its former zoning classification as set forth in the Michigan zoning enabling act (MCL 125.3405). The reversion process shall be initiated by the city council requesting that the planning commission proceed with consideration of rezoning of the land to its former zoning classification. The procedure for considering and making this reversionary rezoning shall thereafter be the same as applies to all other rezoning requests.

(Ord. No. 96-5, § 308(7), 3-5-1996)

When land that is rezoned with a statement of conditions is thereafter rezoned to a different zoning classification or to the same zoning classification but with a different or no statement of conditions, whether as a result of a reversion of zoning pursuant to section 50-49 or otherwise, the statement of conditions imposed under the former zoning classification shall cease to be in effect. Upon the owner's written request, the city clerk shall record with the register of deeds of the county that the statement of conditions is no longer in effect.

(Ord. No. 96-5, § 308(8), 3-5-1996)

During the time period for commencement of an approved development or use specified pursuant to section 50-48 or during any extension thereof granted by the city council the city shall not add to or alter the conditions in the statement of conditions.

(Ord. No. 96-5, § 308(9), 3-5-1996)

Nothing in the statement of conditions nor in the provisions of this section shall be deemed to prohibit the city from rezoning all or any portion of land that is subject to a statement of conditions to another zoning classification. Any rezoning shall be conducted in compliance with this chapter and the Michigan zoning enabling act (MCL 125.3405).

(Ord. No. 96-5, § 308(10), 3-5-1996)

The city shall not require an owner to offer conditions as a requirement for rezoning. The lack of an offer of conditions shall not affect an owner's rights under this article.

(Ord. No. 2009-02, § 1, 8-18-2009; Ord. No. 96-5, § 308(11), 3-5-1996)