The City Commission may amend, supplement, or change the zoning regulations of this chapter and the zoning district boundaries, pursuant to the requirements of Public Act No. 110 of 2006 (MCL 125.3101 et seq.), as amended, after recommendation thereon from the Planning Commission. Amendments to the Ordinance requirements are referred to as text amendments. Amendments to the official zoning map that constitute a change in zoning classification are referred to as rezonings. After receiving the report of the Planning Commission, the City Commission may adopt the proposed amendment, supplement or change with or without amendment, or refer the matter again to the Planning Commission for a further report.

Amendments may be initiated by: resolution of the City Commission or the Planning Commission; petition of one (1) or more property owners; or by one (1) or more persons acting on behalf of a property owner(s).

(Ord. No. 600, § 1, 1-8-2018)

The procedure for making amendments to this Ordinance shall be in accordance with the Michigan Zoning Enabling Act, as amended. The Planning Commission shall hold a public hearing on the amendment. Notice of the public hearing shall be given as set forth in Section 40-3.03 of this Ordinance.

(Ord. No. 600, § 1, 1-8-2018)

A.

Procedure for Rezoning of Property.

(1)

An applicant seeking the rezoning of property within the City of Huntington Woods shall file an application with the Zoning Administrator, together with the appropriate fee, not less than thirty (30) days prior to the date of the regular meeting of the Planning Commission.

(2)

A sign shall be placed on the subject property, at the cost to the applicant, to inform the public that an application for rezoning has been filed, and to indicate the location where the information regarding the request can be obtained.

(3)

The Planning Commission shall review the application for rezoning, any supplementary materials and reports, and hold a public hearing. Following the public hearing, the Planning Commission shall make a recommendation to the City Commission.

(4)

The application for rezoning, the entire record at the Planning Commission, the review report, and the recommendation of the Planning Commission shall be forwarded to the City Manager and subsequently to the City Commission. The City Manager shall establish a date on which the City Commission shall hold a public hearing on the matter.

(5)

The City Commission shall review the application for rezoning, the Planning Commission recommendation, supplementary materials and reports, and hold a public hearing. The City Commission, after a review of the matter, shall adopt a resolution which shall either:

(a)

Approve the rezoning application for all or part of the property;

(b)

Deny the rezoning application; or

(c)

Postpone the rezoning application.

B.

Application Requirements. A rezoning shall be submitted on forms provided by the Zoning Administrator. Failure to provide the information and materials required as a part of the application for rezoning shall render the application deficient and the application shall be held in abeyance until all required items are submitted. The following information shall be submitted:

(1)

The present zoning classification of the property.

(2)

The proposed zoning classification.

(3)

The name, address and telephone of the person applying for the rezoning.

(4)

The name, address and telephone of the person who owns the subject property.

(5)

The relationship between the applicant and the property owner.

(6)

A Certified Survey that meets PA 132.

(7)

The proposed use of the property shall be indicated on the application.

C.

Standards for Approval. A rezoning may only be approved upon a finding and determination that all of the following are satisfied:

(1)

The proposed rezoning is consistent with the Master Plan. If the current zoning is in material conflict with the Master Plan, such conflict is due to one of the following:

(a)

A change in City policy since the Master Plan was adopted.

(b)

A change in conditions since the Master Plan was adopted.

(c)

An error in the Master Plan.

(2)

The proposed rezoning will not cause nor increase any non-conformity.

(3)

Public services and facilities affected by a proposed development will be capable of accommodating service and facility loads caused by use of the development.

(4)

The rezoning will not impact public health, safety or welfare.

(5)

The rezoning will ensure compatibility with adjacent uses of land.

(Ord. No. 600, § 1, 1-8-2018)

Public hearing and notification requirements for proposed rezoning and text amendments are set forth in Section 40-3.03, Public Notice Requirements.

(Ord. No. 600, § 1, 1-8-2018)

A.

Authorization and Limitations. City Commission shall have the authority to place conditions on a rezoning provided the conditions have been voluntarily offered in writing by the applicant and are acceptable to the City Commission.

In exercising its authority to consider a conditional rezoning, the City is also authorized to impose the following limitations:

(1)

An owner of land may voluntarily offer written conditions relating to the use and/or development of land for which a conditional rezoning is requested. This offer may be made either at the time the application for conditional rezoning is filed, or additional conditions may be offered at a later time during the conditional rezoning process as set forth below.

(2)

The owner's offer of conditions may not authorize uses or developments not permitted in the requested new zoning district. The owner's offer of conditions shall bear a reasonable and rational relationship to the property for which the conditional rezoning is requested.

(3)

Any use or development proposed as part of an offer of conditions that requires a special use approval under the terms of this Ordinance may only be commenced if special use approval for such use or development is ultimately granted in accordance with the provisions of this Ordinance.

(4)

Any use or development proposed as part of an offer of conditions that requires site plan approval under the terms of this Ordinance may only be commenced if site plan approval for such use or development is ultimately granted in accordance with the terms of this Ordinance.

(5)

Any use or development proposed as part of an offer of conditions that requires a variance under the terms of this Ordinance may only be commenced if a variance for such use or development is ultimately granted by the Zoning Board of Appeals in accordance with the provisions of this Ordinance.

B.

Amendment of Conditions. The offer of conditions may be amended during the process of conditional rezoning consideration, provided that any amended or additional conditions are entered voluntarily by the owner, and confirmed in writing. An owner may withdraw in writing all or part of its offer of conditions any time prior to final rezoning action of the City Commission provided that, if such withdrawal occurs subsequent to the Planning Commission's public hearing on the original rezoning request, then the rezoning application shall be referred back to the Planning Commission for a new public hearing with appropriate notice and a new recommendation.

C.

Procedure. The procedure for consideration of Conditional Rezoning request shall be the same as provided in Section 40-13.02 for other rezoning requests and the requirements of said Sections shall be applicable to Conditional Rezoning in addition to the following:

(1)

Application Requirements. A Conditional Rezoning request shall be initiated by the submission of a proposed Conditional Rezoning Agreement. A Conditional Rezoning Agreement shall include the following:

(a)

A written statement prepared by the applicant that confirms the Conditional Rezoning Agreement was proposed by the applicant and entered into voluntarily.

(b)

A written statement prepared by the applicant that confirms that the property shall not be used or developed in a manner that is inconsistent with conditions placed on the rezoning.

(c)

A list of conditions proposed by the applicant.

(d)

A time frame for completing the proposed improvements.

(e)

A legal description of the land.

(f)

A Sketch Plan prepared in accordance with the requirements set forth in Section 40-8.03.A.

(2)

Public Hearing. The Notice of Public Hearing on a Conditional Rezoning request shall include a general description of the proposed agreement being considered. A review of the proposed agreement shall be conducted at the public hearing. The Public Hearing shall be noticed as set forth in Section 40-3.03.

(3)

Standards for Approval. A Conditional Rezoning may only be approved upon a finding and determination that all of the following are satisfied:

(a)

The conditions, proposed development, and/or proposed use of the land are designed or proposed for public health, safety, and welfare purposes.

(b)

The conditions, proposed development and/or proposed use are not in material conflict with the Master Plan, or, if there is material conflict with the Master Plan, such conflict is due to one of the following:

1.

A change in City policy since the Master Plan was adopted.

2.

A change in conditions since the Master Plan was adopted.

3.

An error in the Master Plan.

(c)

The conditions, proposed development and/or proposed use are in accordance with all terms and provisions of the zoning district to which the land is to be rezoned, except as otherwise allowed in the Conditional Rezoning Agreement.

(d)

Public services and facilities affected by a proposed development will be capable of accommodating service and facility loads caused by use of the development.

(e)

The conditions, proposed development and/or proposed use shall insure compatibility with adjacent uses of land.

(4)

Amendment to Zoning Map. Upon approval by City Commission of a Conditional Rezoning request and a Conditional Rezoning Agreement, as provided by this Section, the Zoning Map shall be amended to reflect a new zoning classification along with a relevant designation that will provide reasonable notice of the Conditional Rezoning Agreement.

(5)

Expiration. A Conditional Rezoning Approval shall expire following a period of two (2) years from the effective date of the rezoning unless progress has been diligently pursued and substantial completion has occurred in accordance with permits issued by the City.

(a)

In the event the conditional rezoning expires, the rezoning and the Conditional Rezoning Agreement shall be void and of no effect.

(b)

If the Conditional Rezoning becomes void, no development shall be undertaken and no permits for development shall be issued until such time as a new zoning district classification of the property has become effective as a result of one or both of the following actions that may be taken:

1.

The property owner seeks a new rezoning classification for the property, and/or

2.

The City initiates a new rezoning request for the property to a reasonable district classification, in accordance with the conventional rezoning procedure.

(6)

A Conditional Rezoning Approval shall not become effective until the Conditional Rezoning Agreement is recorded with the Oakland County Register of Deeds and a certified copy of the Agreement is filed with the City Clerk.

(7)

If development and/or actions are undertaken on or with respect to the property in violation of the Conditional Rezoning Agreement, such development and/or actions shall constitute a violation of this ordinance and deemed a nuisance per se. In such case, the City may issue a stop work order relative to the property and seek any other lawful remedies. Until curative action is taken to bring the property into compliance with the Conditional Rezoning Agreement, the City may withhold, or, following notice and an opportunity to be heard, revoke permits and certificates, in addition to or in lieu of such other lawful action to achieve compliance.

(Ord. No. 600, § 1, 1-8-2018)

A.

If a protest petition in conformance with State law is presented to the City Commission prior to the final adoption of an amendment to this ordinance, an amendment to this chapter which is the object of the petition shall be passed only by a two-thirds vote of the City Commission. The protest petition shall be presented to the City Commission before final legislative action on the amendment, and shall be signed by one of the following:

(1)

The owners of at least twenty (20%) percent of the area of land included in the proposed change.

(2)

The owners of at least twenty (20%) percent of the area of land included within an area extending outward 100 feet from any point on the boundary of the land included in the proposed change.

For purposes of this section, publicly owned land shall be excluded in calculating the 20 percent land area requirement.

B.

The protest petition shall be submitted to the City Clerk by 12:00 p.m. on the day of the City Commission Public Hearing on the proposed amendment, on a form provided by the City.

(Ord. No. 600, § 1, 1-8-2018)

The Planning Commission shall prepare an annual report for the Huntington Woods City Commission on the administration and enforcement of the zoning ordinance and recommendations for amendment or supplements to the ordinance.

(Ord. No. 600, § 1, 1-8-2018)