The city council may, from time to time, amend the text or map of this chapter in accordance with the authority of Public Act No. 110 of 2006 (MCL 125.3101 et seq.) and as set forth in the charter of the city.

The city council may, following a public hearing and receipt of reports and recommendations from the planning commission or zoning board of appeals, enact ordinances amending, supplementing, or changing the district boundaries or the regulations established in this chapter.

(Ord. No. 2025-01, 1-13-2025)

(a)

A proposal for an amendment to the text or zoning map may be initiated by:

(1)

The city council, by motion,

(2)

The planning commission, by motion,

(3)

Zoning board of appeals, by motion,

(4)

By a resident of the city (for text amendments),

(5)

A property owner, or person with written permission of the owner

(b)

For text amendments, an application must be completed with the proposed text change(s), and provided to the city clerk 45 days prior to the next planning commission meeting and require payment of necessary fees.

(c)

For zoning amendments, an application must be completed of the proposed rezoning(s) and provide the city clerk 45 days prior to the next planning commission meeting and required payment of necessary fees. Rezonings may not be initiated by a resident. The application shall include:

(1)

Current and proposed zoning.

(2)

Legal description of property.

(3)

Name, address and telephone number of owner and applicant.

(4)

Copy of legal deed of ownership.

(5)

A map at a scale of not less than one inch equal to 50 feet showing the subject parcel in relation to adjoining parcels of land.

(d)

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

(Ord. No. 2025-01, 1-13-2025)

For text and map amendments, the procedures for notice and hearing shall be governed by Public Act No. 110 of 2006 (MCL 125.3101 et seq.). See article 12 administration and enforcement for public hearing procedures.

(Ord. No. 2025-01, 1-13-2025)

In reviewing any proposed amendment, the planning commission and city council shall consider the following:

(1)

Standards of approval for a zoning map amendment (rezoning), the city shall find:

a.

The requested amendment is in compliance with the city master plan or that a mistake in the plan or changes in conditions or city policy have occurred that are relevant to the request. If the planning commission recommends approval of a request that is not in compliance with the current plan due to a mistake or change in conditions or policy, it shall immediately initiate an amendment to the plan to address the identified mistake or change.

b.

The property cannot be reasonably used as it is currently zoned and the proposed request represents the most suitable alternative zoning classification based on the city master plan.

(2)

Standards of approval for a proposed text amendment to the zoning ordinance, the city shall find:

a.

The change is necessary to clarify a provision of the ordinance.

b.

The change is necessary to correct a mistake in the ordinance.

c.

The change is necessary to implement a goal or policy of the city master plan; or

d.

The change is necessary to improve administration of the ordinance or to better serve the community.

(Ord. No. 2025-01, 1-13-2025)

(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 classification, 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 (PA 110 of 2006)[1] 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 land use which may be required as part of the conditional rezoning project. Review of special land use must follow the procedures outlined in section 153.1104 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 section 153.1009 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 section 153.603 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 article.

(c)

Planning commission review. The planning commission, after public hearing and consideration of the factors for rezoning set forth in section 153.1104 of this chapter, 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 153.1104 of this chapter. 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 article.

(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 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 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 land use 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 section 153.1105(g), then the land shall revert to its former zoning classification as set forth in Section 405(2) of PA 110.[2] The procedure for considering and making this reversionary rezoning shall be the same as applies to all other rezoning requests, see MCLA § 125.3405(2)

(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) 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) or during any extension granted by the city council, the city council 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 or 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, see MCLA § 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. 2025-01, 1-13-2025)