The planning commission and city commission recognize that, in certain instances, it would be an advantage to the city and to property owners seeking rezoning if the application for rezoning was accompanied by a site plan and was subject to certain conditions. Accordingly, it is the intent of this section of the Zoning Ordinance to provide a conditional rezoning option to property owners in connection with the submission of an application for rezoning.

(Ord. No. 219, Art. I, 4-19-21)

The following definitions shall apply in the interpretation of this section:

1.

Applicant. The property owner, or a person acting with the written and signed authorization of the property owner to make application under this section.

2.

Conditional rezoning agreement (CR agreement). A written agreement approved and executed by the city and property owner, incorporating a CR plan, and setting forth rezoning conditions and any other terms mutually agreed upon by the parties relative to land for which the city has approved a conditional rezoning.

3.

Conditional rezoning plan (CR plan). A plan of the property which is the subject of a conditional rezoning, prepared by a licensed engineer or architect, that shows the location, size, height, design, and other measures or features of buildings, structures and improvements on and adjacent to the property. The details to be offered for inclusion on a CR plan shall be determined by the applicant, subject to approval of the city commission after recommendation by the planning commission.

4.

Rezoning conditions. Conditions proposed by the applicant and approved by the city as part of an approval under this section, which shall constitute regulations in connection with the development and use of property for which conditional approval has been granted. Such rezoning conditions shall not:

a.

Authorize uses or developments of greater intensity or density than are permitted in the district proposed by the rezoning.

b.

Authorize uses that are not permitted in the district proposed by the rezoning.

c.

Permit uses or development expressly or implicitly prohibited in the CR agreement.

5.

Rezoning. The amendment of this Ordinance to change the zoning map classification on property from its existing district to a new district classification.

(Ord. No. 219, Art. I, 4-19-21)

1.

Application for optional conditional rezoning. A property owner shall have the option of seeking conditional rezoning in connection with submission of an application seeking rezoning. The conditional rezoning option shall be selected by filing an application for conditional rezoning review. Conditional rezoning represents a legislative amendment to the Zoning Ordinance, pursuant to Section 405 of Michigan Public Act 110 of 2006, as amended.

2.

Site-specific regulations. In order to be eligible for review of an application for conditional rezoning, a property owner must propose a rezoning of property to a new zoning district classification, and must, as part of such proposal, voluntarily offer certain site-specific regulations (to be set forth on a CR plan and in a CR agreement) which are equally or more strict or limiting than the regulations that would apply to the land under the proposed zoning district.

(Ord. No. 219, Art. I, 4-19-21)

1.

Pre-application meeting. Prior to submitting an application for conditional rezoning, the applicant may schedule a pre-application meeting with the city planner to review the conditional rezoning guidelines and expectations. The applicant shall pay the expenses incurred by the city for this meeting.

2.

Application. A property owner or his/her designated agent may submit an application for conditional Rezoning at the time the application for rezoning is filed or at a subsequent point in the process of review of the proposed rezoning. The application, which may be amended during the review process, shall include a CR plan proposed by the applicant and a list of rezoning conditions proposed by the applicant, recognizing that the rezoning conditions shall not authorize uses or development not permitted in the proposed zoning district.

3.

Planning commission review. After the completed application and all required supporting materials have been received and fees paid, the petition shall be reviewed by the planning commission in accordance with the procedures outlined in article 20.

4.

City commission consideration. Upon receipt of the recommendation of the planning commission, the city commission shall deliberate on the proposed conditional rezoning. If the city commission determines that it may approve the conditional rezoning, then the city commission shall work with the landowner to clarify tentative conditions so that the applicant (or designee) can develop a draft CR agreement.

5.

City commission action. Upon completion of the CR agreement, the city commission, by majority vote of its membership, shall make a final determination to approve or deny the conditional rezoning.

6.

Zoning district designation. If approved, the zoning classification of the rezoned property shall be the district to which the property has been rezoned, accompanied by a reference to "CR, Conditional Rezoning." The use of property so designated shall be restricted to the uses specified in the CR agreement, and no other development or use shall be permitted except uses provided for in the original zoning district.

7.

Effects of approval. The use of property in question shall conform with all regulations governing development and use in the zoning district to which the property has been rezoned, subject to the following:

a.

Development subject to conditional rezoning requirements. Development and use of the property shall be subject to the more restrictive requirements specified on the CR plan, in the rezoning conditions and in the CR agreement, required as part of the conditional rezoning approval. Such requirements shall supersede all inconsistent regulations otherwise applicable under the Zoning Ordinance.

b.

Site plan review and other approvals required. Approval of the CR plan and agreement confirms only the rezoning of the property, subject to any conditions imposed as reflected in the CR plan. Site plan, special land use, plat, and condominium approval, as appropriate, shall be required, pursuant to procedures in article 13, prior to any improvements to the property. Any use or development proposed as part of any offer of conditions that would require 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.

c.

Recordation and publication of CR agreement. A conditional rezoning shall become effective on the effective date of the ordinance amending the zoning map and recordation of the CR agreement.

8.

Amendment of CR agreement. Amendment of a CR agreement shall be proposed, reviewed, and approved in the same manner as a new conditional rezoning application.

9.

Expiration of CR agreement. The conditional rezoning approval shall expire following a period of two years from the effective date of the rezoning unless: 1) approved development of the property commences within such two-year period and proceeds without delay and in good faith as required by ordinance toward substantial completion; or 2) the rezoning is extended for good cause by the city commission as provided herein.

a.

Extension of approval. In the event that a development has not commenced within two years from the effective date of the rezoning, the city commission shall initiate reversion of the zoning to its former classification. However, the land owner may apply to the city commission for a one-year extension one time. The request for extension must be submitted to the city clerk before the two-year time limit expires. The land owner must show good cause why the extension should be granted.

b.

Reversion of zoning. If approved development and/or use of the rezoned land does not occur within the time frame specified above, then the land shall revert to its former zoning classification as set forth in MCL 125.286i. The reversion process shall be initiated by the city commission 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.

10.

Violations of the CR agreement. If development or actions are undertaken on or with respect to the property in violation of the CR agreement, such development or actions shall constitute 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 CR 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. 219, Art. I, 4-19-21)

As an integral part of the conditional rezoning, the following elements shall be provided by the applicant for review by the city.

1.

CR plan. A CR plan, with such detail as proposed by the applicant and approved by the city commission in accordance with this section. The CR plan shall not replace the requirements for site plan, subdivision or condominium approval, as the case may be.

2.

Rezoning conditions. Rezoning conditions, which shall not authorize uses or development not permitted in the proposed zoning district and which shall not permit uses or development expressly or implicitly prohibited in the CR agreement.

3.

CR agreement. A CR agreement, which is voluntarily offered by the applicant (or designee), shall incorporate the CR plan and set forth the rezoning conditions, together with any other term mutually agreed upon by the parties, including the following terms:

a.

Agreement and acknowledgement that the conditional rezoning was proposed by the applicant to induce the city to grant the rezoning, and that the city relied upon such proposal and would not have granted the rezoning but for the terms in the CR agreement.

b.

Agreement and acknowledgement that the conditions and CR agreement are authorized by all applicable state and federal laws and constitution, and that the CR agreement is valid and was entered into on a voluntary basis, representing a permissible exercise of authority by the city.

c.

Agreement and understanding that the property in question shall not be developed or used in a manner that is inconsistent with the CR plan and CR agreement.

d.

Agreement and understanding that the approval and CR agreement shall be binding upon and inure to the benefit of the property owner and the city, and their respective heirs, successors, assigns, and transferees.

e.

Agreement and understanding that, if a conditional zoning expires in the manner provided in this article, no development shall be undertaken or permits for development issued until a new zoning district classification of the property has been established.

f.

Agreement and understanding that each of the requirements and conditions in the CR agreement represents a necessary and reasonable measure which, when considered with all other conditions and requirements, is roughly proportional to the increased impact created by the use represented in the approved conditional rezoning, taking into consideration the changed zoning district classification and the specific use authorization granted.

g.

Any other agreement voluntarily proposed by the applicant (or designee) that is consistent with all applicable state and federal laws and is agreed to by the city.

(Ord. No. 219, Art. I, 4-19-21)

The applicant shall have the burden of demonstrating that the following requirements and standards are met by the CR plan, rezoning conditions, and CR agreement:

1.

Enhancement of the project area. The city commission, upon recommendation from the planning commission, shall determine that approval of the conditional rezoning shall accomplish the integration of the proposed land development project with the characteristics of the project area, and result in an enhancement of the project area, and such enhancement would be unlikely to be achieved or would not be assured in the absence of the use of conditional rezoning.

2.

In the public interest. The city commission, upon recommendation from the planning commission, shall determine that, in considering the site-specific land use proposed by the applicant, sufficient conditions have been included in the CR plan and CR agreement so that it would be in the public interest to grant the conditional rezoning. In determining whether approval of a proposal would be in the public interest, the benefits that would be reasonably expected to accrue from the proposal shall be balanced against, and be found to clearly outweigh the reasonably foreseeable detriments thereof, taking into consideration reasonably accepted planning, engineering, environmental and other principles.

3.

Consistency with the Master Plan. The proposed rezoning shall be consistent with the Master Plan and Future Land Use Map for the city.

(Ord. No. 219, Art. I, 4-19-21)