Fennville City Zoning Code
ARTICLE 24
Amendments
§ 450-2401 Purpose and intent.
A.
The purpose of this article is to establish and maintain sound, stable, and desirable developments within the territorial limits of the City.
B.
Only the City Commission may amend this chapter, by recommendation from the Planning Commission. Proposals for amendments or changes may be initiated by the City Commission on its own motion, by the Planning Commission, or by petition of one or more owners of property to be affected by the proposed amendment.
C.
The City Commission shall establish, by resolution, a fee to be paid in full at the time of receipt of any application to amend this chapter. Said fee shall be collected by the City Clerk, and no part shall be refundable to the applicant. No fee shall be charged when the applicant is a governmental body.
§ 450-2402 Procedures for amendments.
A.
Application. A petitioner shall submit a completed and signed application for ordinance amendment, along with the appropriate fees, to the City Clerk. An application shall be submitted for each parcel of land which is not contiguous to any adjacent parcel of land being proposed for the same amendment.
B.
Action of Clerk. The City Clerk shall review the application form to ensure it is complete. Any application not properly filed or complete shall be returned to the applicant. Complete applications shall be transmitted to the Planning Commission.
C.
Notice of hearing. After transmitting the amendment application to the Planning Commission, the Clerk shall establish a date for a public hearing on the application, which will be conducted by the Planning Commission within 45 days of the date of application receipt. The Clerk shall give notice of the public hearing in the following manner:
(1)
By one publication in a newspaper of general circulation in the City not less than 15 days before the date of the hearing.
(2)
For any proposed amendment to the Zoning Map, written notice will be delivered by mail, or hand-delivered, to all persons to whom any real property is assessed within 300 feet of the premises in question, and to the occupants of all structures within 300 feet of the premises in question.
(a)
The notice shall be made not less than 15 days prior to the hearing. This subsection (i.e., requirements of written notice to property owners and occupants) shall not apply if 11 or more adjacent properties are proposed for rezoning.
D.
Application information.
(1)
When the petition involves a change in the Zoning Map, the applicant shall submit the following information to the City Clerk:
(a)
A legal description of the property.
(b)
A scaled map of the property, correlated with the legal description, and clearly showing the property's location.
(c)
The name and address of the applicant.
(d)
The applicant's interest in the property, and if the applicant is not the owner, the name and address of the owner.
(e)
Signature(s) of petitioner(s) and owner(s) certifying the accuracy of the required information.
(f)
The desired change and reasons for such change.
E.
Planning Commission recommendation.
(1)
Scope of examination. In reviewing any application for an amendment to this chapter, the Planning Commission shall identify and evaluate all factors relevant to the application and shall report its findings in full along with its recommendations for disposition of the application to the City Commission within a period of 60 days. The matters to be considered by the Planning Commission shall include, but shall not be limited to, the following:
(a)
What identifiable conditions related to the application have changed which justify the proposed amendment?
(b)
What are the precedents and the possible effects of such precedent which might result from the approval or denial of the petition?
(c)
What is the impact on the ability of the City and other governmental agencies to provide adequate public services and facilities, and/or programs that might reasonably be required in the future if the proposed amendment is adopted?
(d)
Does the petitioned district change adversely affect environmental conditions or the value of the surrounding property?
(e)
What is the ability of the property in question to be put to a reasonable economic use in the zoning district in which it is presently located?
(f)
Will the rezoning be consistent with the policies and uses proposed for that area in the City's Master Land Use Plan?
(g)
Will all of the uses allowed under the proposed rezoning be compatible with other zones and uses in the surrounding area?
(h)
Would the uses allowed under the proposed rezoning be equally or better suited to the area than uses allowed under the current zoning of the land?
(2)
Finding of fact. All findings of fact shall be made a part of the public records of the meeting of the Planning Commission. The Planning Commission shall transmit its findings of fact and a summary of comments received at the public hearing to the City Commission.
F.
Outside agency reviews. In determining the above-mentioned findings of fact, the Planning Commission may solicit information and testimony from officials of, but not limited to, the following agencies:
(1)
Allegan County Health Department.
(2)
Allegan County Road Commission.
(3)
Allegan County Drain Commission.
(4)
Other agencies as deemed appropriate.
G.
Consideration by the City Commission. After receiving the recommendation of the Planning Commission, the City Commission, at any regular meeting or at any special meeting called for that purpose, shall consider said findings of fact and recommendations and vote upon the adoption of the proposed amendment. Such action shall be by ordinance, requiring a majority vote of the full membership of the City Commission. If an application is referred back to the Planning Commission, the City Commission shall make specific mention of their objections to the Planning Commission's findings and recommendations. The City Commission will make a written record of the rationale for each action taken.
H.
Publication of notice of ordinance amendments. Following adoption of amendments to this chapter, one notice of adoption shall be published in a newspaper of general circulation in the City within 15 days after adoption. The notice shall include the following information:
(1)
Either a summary of the regulatory effect of the amendment, including the geographic area affected, or the text of the amendment.
(2)
The effective date of the amendment.
(3)
The place and time where a copy of the amendment may be purchased or inspected.
I.
Resubmittal. No application for a rezoning which has been denied by the City Commission shall be resubmitted for a period of one year from the date of the last denial, except on grounds of newly discovered evidence or proof of changed conditions found upon inspection by the City Commission to be valid.
§ 450-2403 Conditional rezonings.
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 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 of 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 an 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 chapter 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 chapter.
(6)
Any use or development proposed as part of an offer of conditions that would require a variance under the terms of this chapter 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 chapter.
(7)
Any use or development proposed as part of an offer of conditions that would require site plan approval under the terms of this chapter may only be commenced if site plan approval for such use or development is ultimately granted in accordance with the provisions of this chapter.
(8)
The offer of conditions may be amended during the process of rezoning consideration, provided that any amended or additional conditions are entered into 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 Commission, 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 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 Commission review. After receipt of the Planning Commission's recommendation, the City Commission shall deliberate upon the requested rezoning and may approve or deny the conditional rezoning request. The City Commission's deliberations shall include, but not be limited to:
(1)
A consideration of the factors for rezoning set forth in this article.
(2)
A consideration of whether amendments to the proposed conditional rezoning are advisable.
E.
Approval. If the City Commission 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 Commission to accomplish the requested rezoning.
(1)
The statement of conditions shall:
(a)
Be in a form recordable with the Allegan County Register of Deeds 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 Commission.
(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.
(d)
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.
(e)
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 Allegan County Register of Deeds.
(f)
Contain the notarized signatures of all 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.
(2)
Upon the rezoning taking effect, the Zoning Map shall be amended to reflect the new zoning classification along with the 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.
(3)
The approved statement of conditions or an affidavit or memorandum giving notice thereof shall be filed by the City with the Allegan County Register of Deeds. The City Commission 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.
(4)
Upon the rezoning taking effect, the use of the land so rezoned shall conform thereafter to all of the zoning requirements regulating use.
(5)
Development within the new zoning district as modified by any more restrictive provisions contained in the statement of conditions.
F.
Compliance with conditions. 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.
(1)
Any failure to comply with a condition contained within the statement of conditions shall constitute a violation of this chapter.
(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.
(1)
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.
(2)
This time limitation may, upon written request, be extended by the City Commission if:
(a)
It is demonstrated to the City Commission'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
(b)
The City Commission 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 be inconsistent with sound zoning policy.
H.
Reversion of rezoning. If approved development and/or use of the rezoned land does not occur with the time frame specified above, then the land shall revert to its former zoning classification as set forth in MCL 125.3405.
(1)
The reversion process shall be initiated by the City Commission requesting that the Planning Commission proceed with consideration of rezoning 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.
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 or zoning pursuant to 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 Allegan 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 this article or during any extension thereof granted by the City Commission, 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 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 (MCL 125.3401 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 the owner's rights under this chapter.