a.

An amendment to the ordinance from which this chapter is derived, including an amendment to the zoning map, may be initiated by motion of the city council, by motion of the planning commission, or by application for amendment of one or more persons having interest in property located within the city.

b.

The city council shall establish by resolution a fee to be paid in full at the time of receipt of any application to amend the ordinance from which this chapter is derived. Such fee shall be collected by the city clerk and no part shall be refundable to the applicant. No fee shall be charged when that applicant is a governmental body.

c.

The planning commission shall adopt an application form for the purpose of amending the ordinance from which this chapter is derived. An application shall be completed and filed with the city clerk by the person or persons requesting a change in the text of this ordinance or a change in zoning district boundaries for each parcel of land that is not contiguous to any adjacent parcel of land being proposed for the same amendment.

d.

The development official shall review the application for completeness. Any application not properly filed or completed shall be returned to the applicant. Completed applications shall be transmitted to the planning commission.

e.

The development official shall circulate the application to other departments within the city that may be affected by the proposed amendment, as well as to the city planner and the city engineer, if applicable, for comment. In addition, the development official shall notify the following agencies if they are affected by the proposed amendments within five days of receipt of a proper application from a petitioner or the adoption of a motion from the city council or planning commission to amend the ordinance from which this chapter is derived, requesting their comments and recommendations. The planning commission may, at its discretion, also seek additional comments and recommendations from the listed agencies or any other agency that may be affected.

1.

Chairperson of the parks and recreation committee.

2.

Superintendent of DeWitt Public Schools.

3.

Clinton County Drain Commissioner.

4.

Mid-Michigan District Health Department.

5.

Other governmental units having jurisdiction within ¼ mile of the property affected by the proposed amendment.

6.

Public utilities.

7.

Southern Clinton County Municipal Utilities Authority.

f.

If notified, the planning commission shall consider any comments received prior to the public hearing. If no written response is received from an agency at least five business days prior to the date of the public hearing, the planning commission shall presume that the agency has no objections to the proposed amendment.

g.

Public hearing.

1.

The planning commission shall hold a public hearing on the proposed amendment within a reasonable time following receipt of a completed application to amend the ordinance from which this chapter is derived or after the motion initiating the change is adopted by the city council or planning commission, as the case may be.

2.

Notice of the public hearing shall be given in accordance with the Michigan Zoning Enabling Act (Public Act 110 of 2006), as set out in Article XXIV.

h.

Planning commission recommendation.

1.

In reviewing any application for an amendment to the ordinance from which this chapter is derived the planning commission shall identify and evaluate all factors in its view that are relevant to the application.

2.

In the case of an amendment to the text of this ordinance, the matters to be considered by the planning commission shall include, but not be limited, to the following:

(a)

The proposed text amendment would clarify the intent of the ordinance.

(b)

The proposed text amendment would correct an error in the ordinance.

(c)

The proposed text amendment would address changes to the state legislation, recent case law or opinions from the attorney general of the state of Michigan.

(d)

The proposed text amendment would implement a recommendation, goal or objective of the master plan.

(e)

The proposed text amendment would promote compliance with changes in other county, state or federal regulations.

(f)

In the event the proposed text amendment will add a use to a district, that use shall be fully consistent with the character of the range of uses provided for within the district.

(g)

The proposed text amendment shall not create incompatible land uses within a zoning district, or between adjacent districts.

(h)

The proposed text amendment is supported by the findings of reports, studies, or other documentation on functional requirements, contemporary building practices, environmental requirements and similar technical items.

(i)

As applicable, the proposed change shall be consistent with the city's ability to provide adequate public facilities and services.

(j)

The proposed change shall be consistent with the city's desire to protect the public health, safety, and welfare of the community.

(k)

Other factors deemed appropriate by the planning commission.

3.

In the case of an amendment to the zoning map (rezoning), the matters to be considered by the planning commission shall include, but shall not be limited, to the following:

(a)

Whether or not the proposed rezoning is consistent with the goals, policies and future land use map of the master plan; or, if conditions have changed significantly since the master plan was adopted, consistency with recent development trends in the area.

(b)

Whether the proposed district and the uses allowed are compatible with the site's physical, geological, hydrological and other environmental features. The potential uses allowed in the proposed zoning district shall also be compatible with surrounding uses in terms of land suitability, impacts on the community, density, potential influence on property values and traffic impacts.

(c)

Whether, if rezoned, the site is capable of accommodating the uses allowed, considering existing or planned infrastructure including roads, sanitary sewers, storm sewer, water, sidewalks, and road lighting.

(d)

Other factors deemed appropriate by the planning commission.

3.[4.]

All findings of fact shall be made a part of the public records of the meetings of the planning commission. The planning commission shall transmit its findings of fact, a summary of comments received at the public hearing and its recommended action to the city council.

i.

Consideration by the city council.

1.

Upon receipt of a report and summary of hearing comments from the planning commission, the city council may hold an additional public hearing, if it considers it necessary, or may proceed to adopt the proposed amendment.

2.

The city council may adopt the proposed amendment as recommended by the planning commission, or may modify and subsequently adopt it. The city council may refer any proposed modifications back to the planning commission for a further report.

j.

Notice of adoption.

1.

Following adoption of the amendment by the city council, one notice of adoption shall be published in a newspaper of general circulation in the city within 15 days after adoption.

2.

The notice shall include the following information:

(a)

Either a summary of the regulatory effect of the amendment including the geographic area affected, or the text of the amendment.

(b)

The effective date of the amendment.

(c)

The place and time where a copy of the ordinance or amendment may be purchased or inspected.

k.

Effective date. The amendment shall become effective seven days after its publication in a newspaper of general circulation within the city, unless the ordinance enacting the amendment specifies a later effective date.

(Ord. of 2-14-2012)

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 of the Michigan Zoning Enabling Act (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.

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.

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

5.

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 ordinance 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 ordinance.

6.

Any use or development proposed as part of an offer of conditions that would require a variance under the terms of this ordinance 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 ordinance.

7.

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

8.

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 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.

C.

Planning commission review. The planning commission, after public hearing and consideration of the factors for rezoning set forth in Section 78-601 of this article, 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 receipt of 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 78-601 of this article. Should the city council consider amendments to the proposed conditional rezoning, and if such contemplated amendments to the offer of conditions are acceptable to and thereafter offered by the owner, then the city council may refer such amendments to the planning commission for a report thereon within a time specified by the city council. City council may then proceed to deny or approve the conditional rezoning with or without amendments.

E.

Approval.

1.

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 rezoning ordinance adopted by the city council to accomplish the requested rezoning.

a.

The statement of conditions shall:

i.

Be in a form recordable with the register of deeds of the county in which the subject land is located 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.

ii.

Contain a legal description of the land to which it pertains and a statement acknowledging that the statement of conditions runs with the land and is binding upon successor owners of the land.

iii.

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.

iv.

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 in which the land referenced in the statement of conditions is located.

v.

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.

vi.

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 city clerk shall maintain a listing of all lands rezoned with a statement of conditions.

vii.

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 in which the land is located. 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.

viii.

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.

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 constitute a violation of this zoning ordinance and be punishable accordingly. Additionally, any such violation shall be deemed a nuisance per se and subject to judicial abatement as provided by law.

2.

No permit or approval shall be granted under this ordinance 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 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.

H.

Reversion of zoning. If approved development and/or use of the rezoned land does not occur within the time frame specified under subsection 78-602 G. above, then the land shall automatically revert to its former zoning classification.

I.

Subsequent rezoning of land. 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 subsection 78-602 H. above 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 in which the land is located 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 78-602 G. above 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.

2.

The statement of conditions may be amended thereafter 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 ordinance and the Michigan Zoning Enabling Act (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 ordinance.

(Ord. of 8-27-2018(2))