A.

An amendment to this Ordinance or the Zoning Map, except those initiated by the City, shall be initiated by submission of a completed application on a form supplied by the City, including an application fee, which shall be established from time to time by resolution of the City Commission.

B.

In the case of an amendment to the Official Zoning Map, the following information shall accompany the application form:

1.

A legal description and street address of the subject property, together with a map identifying the subject property in relation to surrounding properties.

2.

The name, signature and address of the owner of the subject property, a statement of the applicant's interest in the subject property if not the owner in fee simple title, and proof of consent from the property owner.

3.

The existing and proposed zoning district designation of the subject property.

4.

A site analysis site plan or current aerial photograph illustrating existing conditions on the site and adjacent properties such as woodlands, wetlands, soil conditions, steep slopes, drainage patterns, views, existing buildings, adjacent land uses, any sight distance limitations and relationship to other developed sites and access points in the vicinity.

5.

A written description of how the requested rezoning meets Section 17.3 "Criteria for Amendment to the Zoning Map."

C.

In the case of an amendment to the Zoning Map, the site must be staked to clearly indicate the location of the requested amendment. Flagged stakes shall be placed at each parcel corner.

D.

In the case of an amendment to this Ordinance, other than an amendment to the Zoning Map, a general description and indication of the purpose of the proposed amendment shall accompany the application form.

E.

An applicant for a rezoning may voluntarily offer certain conditions and limitations as part of the rezoning application (hereafter referred to as "conditional rezoning agreement"). The offer for a conditional rezoning agreement shall be submitted at the time the rezoning application is filed or in response to comments received at the Planning Commission public hearing. An election to file a conditional rezoning with a conditional rezoning agreement shall be in writing and shall be pursuant to the Michigan Zoning Enabling Act (Public Act 110 of 2006), and Section 17.4 below. When necessary, the conditional rezoning agreement shall also include and incorporate, by reference, a conceptual site plan. This plan shall not replace the requirement for a site plan review and approval as outlined in Article 11, which shall be conducted following the City Commission's approval of the conditional rezoning. The City may voluntarily accept the offer for a conditional rezoning agreement, but shall not be obligated to accept such offer.

(ord. eff. April 24, 2021)

A.

Upon initiation of an amendment, a public hearing on the proposed amendment shall be scheduled before the Planning Commission. Notice of public hearing shall be provided for in accordance with the Michigan Zoning Enabling Act.

B.

Where the applicant has offered a conditional rezoning, the conditional rezoning agreement may be offered or amended in response to comments raised during the public hearing; provided, that any amended or additional agreements are voluntarily offered by the applicant and they are in direct response to discussion at the public hearing.

C.

Following the public hearing, the Planning Commission shall identify and evaluate all factors relevant to the petition and shall report its findings and recommendation to the City Commission. In the case of an amendment to the Zoning Map, the Planning Commission shall consider the criteria contained in Section C below, in making its finding and recommendation.

D.

Where the applicant has offered a conditional rezoning, the conditional rezoning agreement shall be reviewed by the City attorney prior to the Planning Commission making a recommendation to the City Commission on the conditional rezoning application. The City attorney shall determine that the conditional rezoning agreement conforms to the requirements of Section D below and the Michigan Zoning Enabling Act, and shall confirm that the conditional rezoning agreement is in a form acceptable for recording with the County Register of Deeds.

E.

Following receipt of the findings and recommendation of the Planning Commission, the City Commission shall consider the proposed amendment.

1.

In the case of an amendment to the text of this Ordinance, the City Commission may modify or revise the proposed amendment as recommended by the Planning Commission, prior to adoption.

2.

In the case of an amendment to the Zoning Map, the City Commission shall approve or deny the amendment, based on its consideration of the criteria contained in Section 17.3 below.

F.

If a conditional rezoning has been offered by the applicant and recommended for approval by the Planning Commission, the City Commission may approve the conditional rezoning agreement as a condition to the rezoning if it meets all requirements of Section D below. If an applicant proposes a conditional rezoning agreement after the Planning Commission has made a recommendation on the rezoning request, the City Commission shall first remand the application back to the Planning Commission to review the agreement and resubmit a recommendation to the City Commission. The conditional rezoning agreement shall be incorporated by attachment or otherwise as an inseparable part of the ordinance adopted by the City Commission to accomplish the requested conditional rezoning. All of the following shall apply to a rezoning that was conditionally approved along with a conditional rezoning agreement:

1.

The zoning classification of the rezoned property shall consist of the district to which the property has been rezoned, plus a reference to the conditional rezoning agreement. The zoning map shall specify the new district, plus a small letter "a" followed by a number to indicate that the property is subject to a conditional rezoning agreement and referencing the agreement number (e.g., "R1-A-a1").

2.

The City shall maintain a listing of all properties subject to conditional rezoning agreements. The approved conditional rezoning agreement shall be recorded by the applicant with the County Register of Deeds.

3.

Unless extended by the City Commission for good cause, the conditional rezoning agreement and associated conditional rezoning shall expire two (2) years after adoption of the conditional rezoning and conditional rezoning agreement, unless substantial construction on the approved development of the property, pursuant to building and other required permits issued by the City, commences within the two (2) year period and proceeds diligently towards completion.

4.

In the event that substantial construction on the approved development has not commenced within two (2) years, the zoning agreement shall be void and of no effect.

5.

Notwithstanding the above, if the property owner applies in writing for an extension of the conditional rezoning agreement at least thirty (30) days prior to the expiration date, the City Commission may, after recommendation by the Planning Commission, grant an extension of up to one (1) year.

6.

Should the conditional rezoning agreement become void, all development on the subject property shall cease, and no further development shall be permitted. The City may withhold or revoke permits and certificates, in addition to or in lieu of any other lawful action to achieve compliance.

If the conditional rezoning agreement becomes void as outlined above, the conditional rezoning shall be automatically revoked and the land shall be rezoned back to its original zoning classification.

(ord. eff. April 24, 2021)

In considering any petition for an amendment to the Zoning Map, the Planning Commission and City Commission shall consider the following criteria in making its findings, recommendations and decision:

A.

Consistency with the goals, policies and future land use map of the Master Plan, including any subarea or corridor studies. If conditions have changed since the Master Plan was adopted, the consistency with recent development trends in the area.

B.

Compatibility of the site's physical, geological, hydrological and other environmental features with the host of uses permitted in the proposed zoning district.

C.

The ability to the site to be reasonably developed with one (1) of the uses permitted under the current zoning.

D.

The compatibility of all the potential uses allowed in the proposed zoning district with surrounding uses and zoning in terms of land suitability, impacts on the environment, density, nature of use, traffic impacts (including a Traffic Impact Analysis per Section 8.15, when applicable), aesthetics, infrastructure and potential influence on property values.

E.

The capacity of infrastructure and services sufficient to accommodate the uses permitted in the requested district without compromising the health, safety and welfare of the City.

F.

The apparent demand for the types of uses permitted in the requested zoning district in the City in relation to the amount of land in the City currently zoned to accommodate the demand.

G.

Where a rezoning is reasonable given the above criteria, a determination the requested zoning district is more appropriate than another district or amending the list of permitted or Special Land Uses within a district.

H.

The request has not previously been submitted within the past one (1) year, unless conditions have changed or new information has been provided.

(ord. eff. April 24, 2021)

A.

An applicant for a rezoning may voluntarily offer a conditional rezoning agreement as a condition for rezoning. An election to file a conditional rezoning with a conditional rezoning agreement shall be pursuant to the Michigan Zoning Enabling Act and this article. The conditions set forth in the conditional rezoning agreement must be voluntary and equally or more restrictive than the regulations that would otherwise apply under the proposed zoning district. The conditional rezoning agreement shall be a written agreement that is approved and executed by the applicant and the City and recorded with the County Register of Deeds. When necessary, the conditional rezoning agreement shall also include and incorporate, by reference, a site plan. This plan shall not replace the requirement for a site plan as outlined in Article 11. The conditional rezoning agreement must be voluntarily offered by the applicant and the City shall not have the authority to require modification to a conditional rezoning agreement without the consent of the petitioner; provided, the City shall not enter into a conditional rezoning agreement that is not found acceptable to the City Commission.

B.

The conditional rezoning agreement may include limitations on the uses permitted on the property in question, specification of lower density or less intensity of development and use, or may impose more restrictive measures on the location, size, height, or other measure for buildings, structures, improvements, setbacks, landscaping, buffers, design, architecture and other features. The conditional rezoning agreement may not authorize uses or developments of greater intensity or density, or which are not permitted in the proposed zoning district; nor may a conditional rezoning agreement permit variances from height, area, setback or similar dimensional requirements that are less restrictive than the proposed zoning district. The conditional rezoning agreement may include conditions related to the use and development of the property that are necessary to:

1.

Serve the intended use of the property, such as improvements, extension, widening, or realignment of streets, utilities, storm drains, or other infrastructure serving the site;

2.

Minimize the impact of the development on surrounding properties, such as landscape screening above and beyond minimum requirements or design elements to create transition to adjoining uses; and

3.

Preserve natural features, historic resources, and open space.

C.

In addition to any limitations on use or development of the site, preservation of site features or improvements described in paragraph B above, the conditional rezoning agreement shall also include the following:

1.

Acknowledgement that the conditional rezoning agreement was proposed voluntarily by the applicant and that the City relied upon the agreement and may not grant the rezoning but for the conditions offered in the conditional rezoning agreement.

2.

Acknowledgement that the conditional rezoning agreement and its terms and conditions are authorized by all applicable state and federal law and constitution, and that the conditional rezoning agreement is valid and was entered into on a voluntary basis.

3.

Agreement and understanding that the property shall only be developed and used in a manner that is consistent with the conditional rezoning agreement.

4.

Agreement and understanding that the rezoning is conditioned upon obtaining site plan approval under Article 3, or subdivision approval under the Subdivision Control Ordinance and obtaining other necessary approvals required by the City and all applicable county, and state agencies.

5.

Agreement and understanding that no part of the conditional rezoning agreement shall permit any activity, use, or condition that would otherwise not be permitted in the new zoning district.

6.

Agreement and understanding that the approval of the conditional rezoning and the conditional rezoning agreement shall be binding upon and inure to the benefit of the property owner and the City, and also their respective heirs, successors, assigns, receivers or transferees.

7.

Agreement and understanding that, if a rezoning with a conditional rezoning agreement becomes void in accordance with this section, that no further development shall take place and the City shall initiate rezoning of the land back to its original zoning classification.

8.

A legal description of the land to which the agreement pertains.

9.

Any other provisions as are agreed upon by the parties.

D.

Any uses proposed as part of a conditional rezoning agreement that would otherwise require site plan approval or special land use approval shall be subject to the applicable review and approval requirements of Articles 11 and 13.

E.

Nothing in the conditional rezoning agreement, nor any statement or other provision, shall prohibit the City from later rezoning all or any portion of the land that is the subject of the conditional rezoning agreement to another zoning classification. Any rezoning shall be conducted in compliance with this ordinance and the Michigan Zoning Enabling Act.

F.

Failure to comply with the conditional rezoning agreement at any time after approval will constitute a breach of the agreement and also a violation of this ordinance, and further use of the property may be subject to legal remedies available to the City.

(ord. eff. April 24, 2021)

Any amendment for the purpose of conforming to a decree of a court of competent jurisdiction shall be adopted by the City Commission and published, without necessity of a public hearing or referral thereof to any other board or agency.

(ord. eff. April 24, 2021)