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 subsection to provide a process consistent with the provisions of § 4g of the City and Village Zoning Act (M.C.L.A. § 125.584g) 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.

(Ord. 06-001, passed 8-29-05)

   (A)   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.

   (B)   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 subchapter.

   (C)   The owner's offer of conditions may not purport to authorize uses or developments not permitted in the requested new zoning district.

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

   (E)   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 subchapter may only be commenced if all of the special land use requirements for the proposed use or uses, as outlined in §§ 154.415 through 154.417, are met.

   (F)   Any use or development proposed as part of an offer of conditions that would require a variance under the terms of this subchapter may only be commenced if a variance for such use or development is obtained from the Zoning Board of Appeals, prior to the proposed conditional zoning, in accordance with the provisions of this subchapter.

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

   (H)   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 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 process shall be terminated and the applicant shall re-file a new application.

(Ord. 06-001, passed 8-29-05)

   The Planning Commission, after public hearing and consideration of the factors for rezoning, 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.

(Ord. 06-001, passed 8-29-05)

   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. Council's deliberations shall include, but not be limited to, a consideration of the factors for rezoning. Should Council consider amendments to the proposed conditional rezoning advisable and if such contemplated amendments to the offer of conditions are acceptable to and thereafter offered by the owner, then Council shall, in accordance with § 4 of the City and Village Zoning Act (M.C.L.A. § 125.584), refer such amendments to the Planning Commission for a report thereon within a time specified by Council and proceed thereafter in accordance with said statute to deny or approve the conditional rezoning with or without amendments.

(Ord. 06-001, passed 8-29-05)

   (A)   If 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 ordinance adopted by Council to accomplish the requested rezoning.

   (B)   The Statement of Conditions shall:

      (1)   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 City Council.

      (2)   Contain a legal description of the land to which it pertains.

      (3)   Contain a statement acknowledging that the Statement of Conditions runs with the land and is binding upon successor owners of the land.

      (4)   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.

      (5)   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.

      (6)   Contain the notarized signatures of all of the owners and accessory parties of the subject land, including all known potential buyers, preceded by a statement attesting to the fact that they voluntarily offer and consent to the provisions contained within the Statement of Conditions.

   (C)   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.

   (D)   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.

   (E)   The approved Statement of Conditions, affidavit, or memorandum giving notice thereof shall be filed by the city for recording with the Wayne County Register of Deeds.

(Ord. 06-001, passed 8-29-05)

   (A)   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 subchapter and be punishable accordingly. Additionally, any such violation shall be deemed a nuisance per se and subject to judicial abatement as provided by law.

   (B)   No permit or approval shall be granted under this subchapter for any use or development that is contrary to an applicable Statement of Conditions.

(Ord. 06-001, passed 8-29-05)

   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 12 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 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) 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.

(Ord 06-001, passed 8-29-05)

   If approved development and/or use of the rezoned land does not occur within the time frame specified under § 154.526, then the land shall revert to its former zoning classification as set forth in M.C.L.A. § 125.584g. The reversion process shall be initiated by City Council requesting that the Planning Commission proceed with consideration of rezoning of 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.

(Ord. 06-001, passed 8-29-05)

   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 § 154.527 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.

(Ord. 06-001, passed 8-29-05)

   (A)   During the time period for commencement of an approved development or use specified pursuant to § 154.527 above or during any extension thereof granted by City Council, the city shall not add to or alter the conditions in the Statement of Conditions.

   (B)   The Statement of Conditions may be amended thereafter in the same manner as was prescribed for the original rezoning and Statement of Conditions.

(Ord. 06-001, passed 8-29-05)

   Nothing in the Statement of Conditions nor in the provisions of this subchapter 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 subchapter and the City and Village Zoning Act (M.C.L.A. § 125.581).

(Ord. 06-001, passed 8-29-05)

   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 subchapter.

(Ord. 06-001, passed 8-29-05)

   The city may establish a fee schedule for the application, processing and implementation of a request for rezoning under this subchapter.

(Ord. 06-001, passed 8-29-05)