Amendments to this chapter may be made from time to time in the same manner as provided under state statute for enactment of the original ordinance from which this chapter is derived.

(Ord. No. 401, § 2700, 5-2-2005)

The city planning commission is hereby designated as the commission specified in section 301 of Public Act No. 110 of 2006 (MCL 125.3103), and shall perform the zoning duties of said commission as provided in the statute in connection with the amendment of this chapter.

(Ord. No. 401, § 2701, 5-2-2005)

(a)

Any proposal for an amendment to the zoning chapter text or map may be initiated by any qualified voter residing in the city upon the filing with the city clerk of a petition containing the proposed text or map change and endorsed by a number of qualified and registered voters residing in the city equal to not less than eight percent of the total vote cast for all candidates for governor, at the last preceding general election at which a governor was elected. Text amendments may also be initiated by payment of the required fee.

(b)

Any proposal for an amendment to the zoning map may be initiated by any owner of an interest in the lot as to the zoning of such lot upon the filing with the city clerk and application on forms provided by the city proposing the zone change, accompanied by a map at an appropriate scale showing the subject parcel in relation to adjoining parcels of land, and the necessary fees for such zoning change.

(c)

Any proposal for an amendment to the zoning chapter text or map may be initiated by the city council or the city planning commission, upon filing with the city clerk a resolution, duly adopted and proposing an amendment.

(Ord. No. 401, § 2702, 5-2-2005)

The procedure for making amendments shall be as follows:

(1)

All zoning amendments, whether originating with the planning commission, or some other body or individual shall be reviewed by the commission.

(2)

a.

As provided by section 103(3) of Public Act No. 110 of 2006 (MCL 125.3103(3)), notice of a public hearing on a rezoning of property shall be given by one publication in a newspaper of general circulation in the city, to appear not less than 15 days prior to the date of such hearing. In addition, not less than 15 days notice of time and place of the hearing shall be given by mail to each electric, gas, pipeline, telecommunication 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 city planning commission for the purpose of receiving such notice. The city planning commission shall also transmit a notice of the proposed rezoning personally or by mail to the owner of the property in question and to all property owners and occupants within 300 feet including those outside of the city's boundaries if applicable, not less than 15 days before the public hearing. An affidavit of mailing shall be maintained where relevant. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure. The notice is considered to be given when personally delivered or when deposited during normal business hours for delivery with the United States Postal Service or other public or private delivery service. The notice shall be given not less than 15 days before the date the request will be considered. If the name of the occupant is not known, the term "occupant" may be used for the intended recipient of the notice.

b.

Notices shall include the places and times at which text and tentative maps of this chapter may be examined; state the date, place, time and purpose of the public hearing, describe the nature of the request; indicate the property that is the subject of the request in the case of rezoning, by property street address if applicable, as well as when and where written comments regarding the hearing can be sent for review. Any other public hearing held on an amendment proposal shall follow the notification procedure above. Notice will not need to be sent to owners of property within 300 feet if the application for rezoning is to rezone 11 or more adjacent parcels of land.

(3)

Following its deliberations, the proposal, including any changes thereto which the planning commission deems advisable, shall be submitted to at least one public hearing as provided by section 306(1) of Public Act No. 110 of 2006 (MCL 125.3306(1)), and as specified in section 44-595.

(4)

Immediately after the proposal has been acted on as described in subsections (l) and (2) of this section, the planning commission shall transmit a summary of comments received at the public hearing with the proposed amendment to the city council.

(5)

The city council at its discretion may hold a public hearing(s) on the zoning amendment. Notice for the public hearing shall meet the requirements for the planning commission's public hearing outlined in subsection (2) of this section.

(6)

Prior to making a decision on a proposed amendment, the city council shall grant a hearing on a proposed amendment to a property owner who requests a hearing by certified mail, addressed to the city clerk.

(7)

If the city council decides to make changes to the proposed amendment prior to taking action, it may, at it's option refer the request back to the planning commission for it's recommendation.

(8)

Adoption of the amendment must be a majority of the membership of the city council unless there is an abutter's challenge as outlined below, in which case a two-thirds vote is required.

(9)

The amendment must be filed with the city clerk and one notice of its adoption with complete text or summary of regulatory effect must be published within 15 days after adoption. An amendment will become effective seven days after publication.

(Ord. No. 401, § 2703, 5-2-2005; Ord. No. 412, § 4, 2-5-2007)

As required under section 403 of Public Act No. 110 of 2006 (MCL 125.3403), if a qualifying protest petition is submitted to the city council before the final vote on approval of an amendment, the amendment requires a vote of two-thirds of the members of the city council to approve it. A qualifying petition must be signed by:

(1)

The owners of at least 20 percent of the area of land included in the proposed change, or

(2)

The owners of at least 20 percent of the area of land within an area extending outward 100 feet from any point on the boundary of the land included in the proposed change.

For the purposes of subsection (1) of this section, publicly owned land is excluded from the calculations.

(Ord. No. 401, § 2704, 5-2-2005)

(a)

Intent. 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 a rezoning. It is the intent of this section to provide a process consistent with the provisions of section 405(1)—(5) of Public Act No. 110 of 2006 (MCL 125.3405(1)—(5)) 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.

(b)

Application and offer of conditions.

(1)

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.

(2)

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.

(3)

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

(4)

Approval of a conditional rezoning does not guarantee approval of any special use permit which may be required as part of the conditional rezoning project, and review of the special use permit must follow the procedures outlined in article XXV of this chapter before development can begin.

(5)

Approval of a conditional rezoning does not guarantee approval of any variance which may be required as part of the conditional rezoning project, and review of the variance must follow the procedures outlined in article XXVIII of this chapter before development can begin.

(6)

Approval of a conditional rezoning does not guarantee approval of any site plan which may be required as part of the conditional rezoning project, and review of the site plan must follow the procedures outlined in article XXIV of this chapter before development can begin.

(7)

The offer of conditions may be amended during the process of rezoning consideration provided that any amended 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 of the city council provided that, if such withdrawal occurs after 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 and a new recommendation, with notice as required by this section.

(c)

Planning commission review. The planning commission, after public hearing and consideration of the factors for rezoning set forth in section 44-767, may 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.

(d)

City council review. After receiving the planning commission's recommendation, 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 set forth in section 44-767. Should the city council propose amendments to the proposed conditional rezoning and amendments are acceptable to and offered by the owner, then the rezoning application shall be referred to the planning commission for a new public hearing and a new recommendation, with notice as required by this section.

(e)

Approval.

(1)

If the city council finds the owner's rezoning request and offer of conditions acceptable, the offered conditions shall be incorporated into a formal written statement of conditions provided said conditions conform with this section. The statement of conditions shall be incorporated into the ordinance adopted by the city council.

(2)

The statement of conditions shall:

a.

Be prepared as a notarized affidavit prepared and signed by the owner.

b.

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

c.

Contain a statement acknowledging that the statement of conditions runs with the land and is binding upon successor owners of the land unless otherwise specified by this section.

d.

Include any diagram, plans or other documents submitted that are necessary to illustrate the implementation of the statement of conditions.

e.

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.

(3)

Upon the 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 zoning map shall also include a listing of all lands rezoned with a statement of conditions.

(f)

Compliance with conditions.

(1)

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 be deemed a nuisance per se and shall constitute a violation of this chapter and be punishable accordingly.

(2)

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

(g)

Time period for establishing development or use. Unless another time period is specified in the ordinance rezoning the subject land, the site plan for approved development shall be submitted within two years after the rezoning took effect. In cases where a site plan is not required, the approved use of land or buildings must have commenced within one year unless another time period is specified in the ordinance rezoning the subject land. These time limitations may upon written request be extended by the 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. All applicable project completion deadlines in this chapter related to site plans, special use permits and variances shall apply.

(h)

Reversion of zoning. If approved development and/or use of the rezoned land does not occur within the time frame specified under subsection (g) of this section, then the land shall revert to its former zoning classification as set forth in section 405(2) of Public Act No. 110 of 2006 (MCL 125.3405(2)). 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 be the same as applies to all other rezoning requests.

(i)

Subsequent rezoning of land. When land that is rezoned with a statement of conditions is 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 subsection (h) of this section or otherwise, the statement of conditions imposed under the former zoning classification shall cease to be in effect. If a statement of conditions has been recorded, upon the owner's written request, the city clerk shall record with the county register of deeds a notice that the statement of conditions is no longer in effect.

(j)

Amendment of conditions.

(1)

During the time period for commencement of an approved development or use specified pursuant to subsection (g) of this section or during any extension granted by the city council, the city shall not add to or alter the conditions in the statement of conditions.

(2)

The statement of conditions may be amended in the same manner as was prescribed for the original rezoning and statement of conditions.

(k)

City right to rezone. 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, Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(l)

Failure to offer conditions. 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 chapter.

(Ord. No. 401, § 2705, 5-2-2005; Ord. No. 412, § 5, 2-5-2007)