The city planning commission may, of its own motion or on request of the city council, or upon petition, initiate recommendations for changes, amendment or supplements to this chapter. The planning commission shall receive petitions from individual property owners or groups of property owners requesting district change, amendments or supplements to this chapter. The planning commission shall consider each petition and after careful study vote on the issue as stated in the petition. When approved by a majority vote, said planning commission shall prepare an ordinance amending, supplementing or changing the district boundaries or the regulations herein established and shall cause to be prepared a notice according to section 103 of the Michigan Zoning Enabling Act (MCL 125.3103), indicating the proposed change in the regulations or in the district boundary lines and describing the boundaries of territory to be affected, which notice shall set a date for a public hearing for consideration of such proposed amendment, supplement or change. After due publication or posting and public hearing of such proposed amendment, supplement or change, as required by law, the planning commission may modify said ordinance or without modification may cause such ordinance to be submitted to the city council of the city. Whenever a written protest against such proposed amendment, supplement or change is presented, duly signed by the owners of 20 percent or more of the frontage proposed to be altered, or by the owners of 20 percent or more of the frontage immediately in the rear thereof, or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered, such amendments shall not be passed except by the favorable vote of four-fifths of the entire city council.

(Code 1969, § 5.317; Code 1977, § 28-560)

A period of not less than one year is required between presentation of petitions for a change or amendment applying to a specific piece of property, where such petition was denied.

(Code 1969, § 5.318; Code 1977, § 28-561)

A fee as established in the schedule of fees adopted by the council shall be paid with each petition presented for a change or amendment to this chapter. Said fee shall apply to the cost incurred in relation to the petition and the balance, if any, shall be returned to the petitioner.

(Code 1969, § 5.319; Code 1977, § 28-562)

This chapter and the various sections and clauses thereof are hereby declared to be severable. If any part, sentence, paragraph or section is adjudged to be unconstitutional or invalid, it is hereby provided that the remainder of the chapter shall not be affected thereby.

(Code 1969, § 5.320; Code 1977, § 28-563)

The provisions of the ordinance from which this chapter is derived were declared to be immediately necessary for the preservation of the public peace, health and safety and ordered to take immediate effect and be in force from and after publication.

(Code 1969, § 5.321; Code 1977, § 28-564)

The ordinance from which this chapter is derived was adopted, approved and passed by the village council of the Village of Gibraltar July 8, 1957, and published July 24, 1957, in the Guardian.

(Code 1969, § 5.322; Code 1977, § 28-565)

(a)

Application. Any offer to enter into a conditional rezoning agreement shall be submitted to the city clerk with the requisite rezoning fee, completed application, concept plan, and written voluntary conditions associated with the proposal. It shall be the responsibility of the applicant or their consultant to draft the conditional rezoning agreement. Proposed conditional rezonings may only be initiated by the owner of the property and not by the city.

(b)

Procedure. The proposed amendment shall follow all public hearing procedure and notice requirements as found within the Michigan Zoning Enabling Act.

(c)

The planning commission shall conduct the required public hearing, and provide recommendations based upon if the requested rezoning is in compliance with the master plan and supports the stated purposes of the zoning ordinance.

(d)

A conditional rezoning agreement shall not be used to allow anything that would not otherwise be permitted in the proposed new zoning district. Any proposed variations from district requirements such as density, permitted uses, or lot size, shall only be granted by the zoning board of appeals (ZBA) pursuant to reasonable industry review standards for decisions by the ZBA. Any agreement shall include a specific time period during which the terms of the agreement must be completed.

(e)

Review and approval of all conditional rezonings shall follow the requirements listed in Section 405 and other relevant sections of the Michigan Zoning Enabling Act.

(f)

After receipt of the recommendations of the planning commission, the city council shall undertake consideration of the proposed conditional rezoning. Any decision by the city council which results in the conditional rezoning of property, or the amendment of the ordinance shall be incorporated in an ordinance duly adopted and published by city council.

(1)

If a conditional rezoning is approved by the city council, an affidavit outlining the approved conditions, signed by the mayor and the property owner, shall be recorded with the register of deeds and shall run with the land.

(2)

If applicable, any conditions shall be listed on the site plans.

(g)

Reversion of zoning. The city may accept a time frame for the conditions to apply to the land, and the land would automatically revert per the terms of the rezoning agreement. If the conditions of the rezoning agreement are not satisfied within a specified timeframe within the agreement, the land shall automatically revert to its original zoning classification.

(h)

Amendment of conditions. The associated conditions may be amended through a new rezoning/map amendment application.

(Ord. No. 422, Art. I, 5-13-2024)