(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)