Dimondale City Zoning Code
CHAPTER 1267
Conditional Rezoning
1267.01 PURPOSE.
There may be certain land use situations where it is in the best interest of the Village, as well as beneficial to property owners seeking a change in zoning district boundaries, if certain conditions are proposed by property owners as part of a rezoning application. It is the intent of this section to provide a process consistent with the provisions of the Michigan Zoning Enabling Act by which an owner seeking a rezoning may voluntarily propose conditions regarding the land use and development characteristics of land as part of the rezoning application.
(Ord. 2015-2. Passed 7-13-15.)
1267.02 APPLICATION.
(a) An owner of land may voluntarily propose in writing any conditions relating to the use and/or development of land for which a rezoning application is made.
(b) The rezoning application and process for consideration of a rezoning with conditions shall be the same as that for considering rezoning requests made without an offer of conditions, except as provided for in this section.
(c) The voluntary offer of conditions by the property owner may be made at the time the rezoning application is filed or at any time in the rezoning process.
(Ord. 2015-2. Passed 7-13-15.)
1267.03 DEFINITIONS.
“Applicant.” An applicant for a conditional rezoning shall mean the property owner, or a person acting with the written and signed consent of the property owner.
“Rezoning conditions.” Conditions proposed by the applicant and approved by the Village as part of a conditional rezoning under this section, including review and recommendation by the Planning Commission, may include land uses permissible in the zoning district for which the conditional rezoning application is made, dimensional requirements of the proposed zoning district, infrastructure and utility requirements for the proposed development, energy conservation measures, open space provision within the proposed development, preservation of natural resources, donation of land for public purposes, landscape and bufferyard requirements, and other conditions deemed important to the proposed development by the applicant. Applications for conditional rezoning shall not increase the intensity of use for the proposed rezoning district.
“Conditional rezoning agreement.” A written agreement between the Village and the property owner, mutually agreed to by both parties, and which sets forth the conditions for the proposed rezoning.
(Ord. 2015-2. Passed 7-13-15.)
1267.04 VOLUNTARY OFFER OF CONDITIONS.
The voluntary offer of conditions by the applicant shall meet the following requirements:
(a) Contain notarized signatures of all owners of the subject property attesting that they voluntarily offer and consent to the written conditions for the proposed rezoning.
(b) Contain a conditional rezoning plan which provides written descriptions of the proposed conditions for rezoning including graphic representations where necessary and appropriate.
(c) The features contained within the conditional rezoning plan shall be determined by the applicant but shall describe the use, location, size, height, design, architecture, land improvements, relationship to the Comprehensive Development Plan, and describe the relationship to adjacent property.
(Ord. 2015-2. Passed 7-13-15.)
1267.05 PROCEDURE FOR APPLICATION, REVIEW, AND APPROVAL OF A CONDITIONAL REZONING.
(a) Pre-Application Meeting. The applicant shall schedule a meeting with the Zoning Administrator of the Village to review the conditional rezoning application, conditional rezoning requirements, and the conditional rezoning process.
(b) Rezoning Application and Offer of Conditions. The property owner files the voluntary offer of conditions for the proposed rezoning as part of the rezoning application process. The request for conditional rezoning may be made at any time during the rezoning process.
(c) Public Hearing. The Planning Commission conducts the required public hearing as specified for rezoning applications by the Zoning Ordinance.
(d) Planning Commission Recommendation. Following the public hearing, and following appropriate review and discussion, the Planning Commission shall forward a recommendation to the Village Council on the proposed rezoning with conditions.
(e) Village Council Action. Upon receipt of the recommendation from the Planning Commission, the Village Council shall commence deliberations on the proposed rezoning with conditions. If the Village Council approves the proposed rezoning with conditions, it shall direct that the Zoning Administrator work with the Village Attorney and the applicant to prepare a conditional rezoning agreement.
(Ord. 2015-2. Passed 7-13-15.)
1267.06 EVALUATION OF A CONDITIONAL REZONING APPLICATION.
The Planning Commission and the Village Council shall consider customary rezoning review criteria as outlined by a planning professional and/or the Village Attorney; compliance with the Comprehensive Development Plan; the impact on adjacent properties; the ability to provide public utilities and facilities; environmental impacts; compliance with this section and any other applicable sections of the Code of Ordinances; and, whether the proposed conditions bear a relationship to the proposed rezoning, in their review of a proposed conditional rezoning application.
(Ord. 2015-2. Passed 7-13-15.)
1267.07 EFFECT OF APPROVAL OF A CONDITIONAL REZONING.
Approval of a conditional rezoning confirms only the rezoning of the property, subject to any conditions described in the conditional rezoning agreement, and the requirements of the Zoning Ordinance.
(Ord. 2015-2. Passed 7-13-15.)
1267.08 ZONING MAP DESIGNATION.
If approved, the zoning district classification on the Village Zoning Map of the rezoned property shall consist of the district to which the property has been rezoned, accompanied by a reference to “CR Conditional Rezoning.”
(Ord. 2015-2. Passed 7-13-15.)
1267.09 AMENDMENT OF A CONDITIONAL REZONING AGREEMENT.
Amendment of a conditional rezoning agreement shall be in the same manner as a new rezoning with conditions.
(Ord. 2015-2. Passed 7-13-15.)
1267.10 RECORDING OF A CONDITIONAL REZONING AGREEMENT.
A conditional rezoning shall only become effective following publication in the manner provided by law and recording with the County Register of Deeds.
(Ord. 2015-2. Passed 7-13-15.)
1267.11 EXPIRATION OF A CONDITIONAL REZONING.
Unless extended by the Village Council for good cause, the rezoning with conditions shall expire following a period of two years from the effective date of the conditional rezoning unless construction as commenced on the proposed development as defined by the Zoning Ordinance.
(Ord. 2015-2. Passed 7-13-15.)
1267.12 FEE FOR CONDITIONAL REZONING.
The applicant for a conditional rezoning shall pay a fee as established by Council to cover costs of processing the application and all charges and expenses incurred by the Village in the conditional rezoning review and document preparation. An escrow may be initially established by the Village and additional reasonable amounts contributed as required. Any unexpended escrow amounts shall be returned to the applicant.
(Ord. 2015-2. Passed 7-13-15.)