Conditional rezoning is needed due to community changes and property owners' desire to develop their property. This Code is also the primary tool for implementing the master plan; conditional rezonings are a tool to best align properties with the vision of the Master Plan. Additionally, in certain instances, it could be advantageous to the City and a property owner seeking a conditional rezoning if the property owner voluntarily offers certain conditions and limitations as part of their application. Therefore, the City provides a process consistent with the provision of Section 405 of the Michigan Zoning Enabling Act (PA 110 of 2006), as amended, to permit property owners to offer conditions with their rezoning request voluntarily. A conditional rezoning is intended to accomplish, among other things, the objectives of this Code and the Master Plan.

The CED Director has final discretion over required submittals for a conditional rezoning. The City’s conditional rezoning application details minimum submittal requirements. Submission of a conditional rezoning requires a complete application with ancillary submittals and any associated fees be paid. Applications will not be processed unless they are determined to be complete. Any property owner aggrieved by a submittal requirement decision by the CED Director may appeal to the BZA. In addition to Section 13.02: Submittal Requirements, the following are required:

a) An acknowledgement that the CRA was proposed voluntarily by the applicant.

b) A statement that the property cannot be developed or used in any manner that is not consistent with the CRA.

c) A statement that the approval of the rezoning and the CRA is binding upon and inure to the benefit of the property owner and the City and their respective heirs, successors, assigns, receivers, or transferees.

d) A statement that, if a rezoning with a CRA becomes void in accordance with this Section, no further development may take place and no permits may be issued.

e) A statement that no part of the CRA permits any activity, use, or condition that would otherwise violate any requirement or standard that is otherwise applicable in the new zoning district.

f) Any other provisions as are agreed upon by the City and applicant.

A. Process Overview. All conditional rezonings require consideration by the Planning Commission and final approval of the City Council.

B. Pre-Application Meetings. The CED Director may require a property owner to present their conditional rezoning at one or more pre-application meetings before submitting a formal application. A property owner's requirement to present at a pre-application meeting is not appealable to any officer, board, or commission. Failure to present at a pre-application meeting will result in an incomplete application determination if submitted.

C. Conditional Rezoning with 10 or Less Parcels. If an individual parcel or 10 or fewer adjacent properties is proposed for a conditional rezoning, the following occurs:

1. The Planning Commission holds a required public hearing in compliance Section 17.03: Public Hearings and recommends the City Council approve, approve with conditions, or deny based on the criteria in Section 13.04: Approval Standards.

2. The City Council holds a required public hearing in compliance with Section 17.03: Public Hearings and approves, approves with conditions, or denies based on the criteria in Section 13.04: Approval Standards.

D. Conditional Rezoning with 11 or More Parcels or a Text Amendment. If 11 or more adjacent properties are proposed for rezoning, the following occurs:

1. The Planning Commission holds a required public hearing in compliance with Section 17.03(1): Public Hearings and recommends the City Council approve, approve with conditions, or deny based on th criteria in Section 13.04: Approval Standards.

2. The City Council holds a required public hearing in compliance with Section 17.03(1): Public Hearings and approves, approves with conditions, or denies based on the criteria in Section 13.04: Approval Standards.

E. Council review. If determined to be necessary, the City Council may refer any conditional rezoning back to the Planning Commission for further consideration.

F. Process.

1. The CRA must be reviewed concurrently with the petition for rezoning following the process outlined earlier in this Article.

2. The CRA may be submitted prior to the Planning Commission making its recommendation to the City Council. The CRA must be reviewed by the City Attorney, at the expense of the applicant, to determine that the CRA conforms to the requirements of this Section and confirm that the CRA is in a form acceptable for recording with the Oakland County Register of Deeds.

3. Following the public hearing, the Planning Commission must make a recommendation to the City Council. In addition, the Planning Commission must consider whether the proposed CRA:

a) Is consistent with the intent of this Code.

b) Bears a reasonable and rational connection or benefit to the property being proposed for rezoning.

c) Is necessary to ensure that the property develops in such a way that protects the surrounding neighborhood and minimizes any potential impacts to adjacent properties.

d) Is necessary to allow the rezoning to be approved, in that the property could not or would not be rezoned without the proposed CRA.

e) Is in the public interest and is consistent with the recommendations of the Master Plan.

4. If a CRA has been offered by the applicant and recommended for approval by the Planning Commission, the City Council may approve the CRA as a condition to the rezoning if it meets all requirements above. The CRA must be incorporated by attachment or otherwise as an inseparable part of the Code adopted by the City Council to accomplish the requested rezoning.

5. If the CR is approved, the zoning classification of the rezoned property must consist of the district to which the property has been rezoned and a reference to the CRA. The Zoning Map must specify the new district plus an asterisk to indicate that the property is subject to a CRA (i.e., “R-1*”).

6. The approved CRA must be recorded with the Oakland County Register of Deeds.

The following standards must be met for a conditional rezoning, as applicable:

A. Compliance with the Master Plan. The proposal furthers the goals and objectives of the Master Plan.

B. Use and Zoning District Compatibility. The proposal must be compatible with the intent statements of the zoning district and surrounding uses.

C. Compatibility with Uses. Compatibility of all the potential uses allowed in the proposed zoning district with surrounding uses and zoning in terms of land suitability, density, nature of use, traffic impacts, aesthetics, and infrastructure.

D. Compatibility with the Street System. The capability of the street system to safely and efficiently accommodate the expected traffic generated by uses permitted in the requested zoning district.

E. Sufficient Public Utilities and Services. The capacity of the City’s utilities and services to sufficiently accommodate the uses permitted in the requested district without compromising the health, safety, and welfare.

F. Compatibility with the Requested Zoning District. Ensure that future development on the site can comply with the dimensional regulations and design standards for the requested zoning district.

G. Spot Zoning. Will not create an isolated or incompatible zone.

H. Conforms with Zoning District Requirements. The use of the subject property is in conformity with all regulations governing development and use within the proposed zoning district, including permitted uses, lot area and width, setbacks, height limits, buffers, open space, and density; provided, however, that the following apply:

1. The development and use of the property are subject to the more restrictive requirements specified in the CRA, which supersedes all inconsistent regulations otherwise applicable under this Code.

2. City Council is authorized to grant modifications to the strict terms of the Code governing dimensional requirements on the property; provided, such authorization to grant modifications is conditioned upon the City Council finding that each Code provision sought to be modified will result in an enhancement of the development that is in the public interest, and that approving the modification is consistent with the Master Plan and with the surrounding area.

I. Serves Public Interest. As compared to the existing zoning and considering site-specific conditions and/or the proposed land uses, it is in the public interest to grant conditional rezoning. In determining whether a proposed application is in the public interest, the benefits which would reasonably be expected to accrue from the proposal must be balanced against and be found to clearly outweigh the reasonably foreseeable detriments, taking into consideration best practices in planning, engineering, environmental and other principles.

J. Enforceable Conditions. The offered condition(s) are likely to be enforceable.

K. Use Variance Prohibited. Does not have the same effect as a use variance.

L. Site Plan and Special Land Use Approvals Required. Does not relieve the applicant of the responsibility of securing any applicable site plan, plat, or condominium approvals. Special land use approvals, if permitted as part of the CRA do not have to be separately considered, noticed, and approved.

A. Approval Expiration. Conditional rezonings are approved for 2 years from the date of approval. If construction has not commenced within the 2-year period, the CRA is null and void, and the City shall amend the zoning map to reflect the zoning of the property immediately before the conditional rezoning approval.

B. Approval Extensions. The CED Director may grant an extension of up to 18 months for a conditional rezoning if the Conditional Rezoning Agreement allows. An extension may only be granted provided the conditional rezoning continues to adequately represent current conditions on and surrounding the site, that the applicant has shown substantial progress on the project, the project has suffered an unavoidable delay, and that the rezoning and conditional rezoning conforms to the standards of the City regulations at the time of the applicant's request for an extension.

C. Modifications to a Previously Approved Conditional Rezoning. An approved conditional rezoning may be subsequently modified, subject to the review and approval requirements of this Article based on the scope of the proposed modifications. The CED Director may approve minor conditional rezoning modifications. The CED Director determines if a modified conditional rezoning must seek administrative or City Council approval. All modified conditional rezonings require updated plans.

1. Minor Modifications to a Conditional Rezoning:

a) Slight movement of a structure, provided all setback, parking, landscaping, and other site requirements are met.

b) Minor improvements to site access or circulation, such as deceleration lanes, boulevards, curbing, pedestrian/bicycle paths, and removing a curb cut. The addition of a new curb cut is not considered a minor modification.

c) Slight modification of sign placement or reduction of size/number.

d) Changes required or requested by a City, county, state, or federal agency for safety reasons or for compliance with applicable laws that do not alter the basic design, compliance with the standards of approval, nor any specified conditions of the approved special land use.

e) Situations the CED Director deems similar to the above, which do not alter the basic design, compliance with the standards of approval, nor any specified conditions of the approved special land use.

D. Resubmission. No application the City has denied may be resubmitted until the expiration of 1 year from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions sufficient to justify reconsideration, in the CED Director’s sole determination. Any property owner aggrieved by this decision may appeal to the BZA. In the event of a disagreement between the CED Director and the property owner on whether a discontinuance has occurred, the property owner must submit evidence for the CED Director to determine if, in fact, a discontinuance has occurred. This evidence could be statements from the property owner, tenant, or nearby property owners, utility bills, leases, etc. Any property owner aggrieved by a decision of discontinuance may appeal to the BZA.

A. Penalties and Remedies.

1. Conformity. The property owner for whom a conditional rezoning approval has been granted is responsible for maintaining the property in conformity with the approval on a continuing basis unless the City approves a new or amended conditional rezoning.

2. Failure to Conform. A breach of any condition and the failure to correct such breach within 30 days after an order to correct is issued by the City is reason for revocation of the rezoning approval. Additional time for correction of the cited violation may be allowed by the City upon submission of proof of good and sufficient cause. Conditions of an approved rezoning are continuing obligations to the property owner and are binding upon their heirs and assigns and upon any persons taking title to the affected property while such site plan is in effect. The first violation of non-conformity to an approved rezoning s a municipal civil infraction. A first offense is subject to a minimum $100.000 fine and any other penalties authorized by law. Second offenses within a 12-month period are punishable by a fine up to $200.00. Third and subsequent offenses are punishable by a fine up to $500.00 and a mandatory court appearance. Each day on which a violation shall continue shall constitute a separate offense and shall be punishable as such. These requirements are in addition to, and not in lieu of, all other City Codes, regulations, or state law

B. Conditional Rezoning Agreement. A Conditional Rezoning Agreement (CRA) must be in writing, executed by the property owner and the City, and recorded with the Oakland County Register of Deeds. The applicant is responsible for all costs associated with the review and approval.

C. Limitations. A CRA may include limitations on the uses permitted on the property in question, the density or intensity of use, and the location, size, height, or other measure for buildings, structures, improvements, setbacks, landscaping, buffers, design, architecture, and other features.

C. Intensity. A CRA does not authorize uses or developments of greater intensity or density than those permitted in the proposed zoning district, nor may it permit variations from height, area, setback, or similar dimensional requirements that are less restrictive than the proposed zoning district.

D. Conditions. A CRA may include conditions related to the use and development of the site that are necessary to:

E. Infrastructure. Serve the property with improvements, including but not limited to, the extension, widening or realignment of streets; construction or extension of utilities or other infrastructure improvements serving the site; or the construction of recreational facilities.

1. Minimize the impact of the development on surrounding properties and the City overall.

2. Preserve natural features and open space beyond what is required by Code

F. Subsequent Rezoning of Land. Nothing in the CRA, nor any statement or other provision, prohibits the City from later rezoning all or any portion of the property of the CRA to another zoning classification.

G. Failure to Offer Conditions. The City does not require an owner to offer conditions as a requirement for rezoning. The lack of an offer of conditions does not impact the owner’s rights under this Code.

H. City Not Obligated. The City is not required or obligated to accept any or all conditions offered on a CR application. In no way is an offer of a CRA the basis for requiring the City to approve an application.

I. Continuation. Provided that all development and/or use of the property in question is in compliance with the CRA, a use or development authorized there under may continue indefinitely, provided that all terms of the CRA continue to be met.