(a)

For the purposes of establishing and maintaining sound, stable, and desirable development within the territorial limits of the city, this ordinance shall not be amended except to correct an error in the ordinance or, because of changed or changing conditions in a particular area or in the municipality generally, to rezone an area, extend the boundary of an existing zoning district, or to change the regulations and restrictions thereof. An owner of land may voluntarily offer in writing and the city may approve, certain use and development of land as a condition to the approval of a rezoning consistent with the provisions of section 405 of the Michigan Zoning Enabling Act, Act 110, Public Acts of 2006, as amended (MCL 125.3101 et seq.).

(Ord. No. 2009-07, pt. 6, 3-9-2009)

(a)

Upon receipt of the petition to amend this ordinance, which petition having been examined and approved as to form and completeness by the city clerk, the city council shall refer the same to the planning commission for study and report; and shall not enact the proposed amendment upon second reading until 30 days after such referral to the planning commission or until the planning commission makes its report to the city council, whichever first occurs.

(a)

The planning commission shall review the petition and shall recommend to the city council such action as the commission deems proper.

The city council shall not amend this ordinance or the zoning map until the proposed amendment has been submitted to the planning commission and the commission has held at least one public hearing and made a report thereon. The city council may adopt the proposed amendment, after receipt of the commission report, or refer the amendment again to the commission for a further report. Before adopting the proposed amendment, which has had a prior report from the commission, the city council shall hold one public hearing on the proposed amendment. Not less than 15 days notice of the public hearings shall first be published in an official paper or a paper of general circulation in the city and given by mail to each public utility company and to each railroad within the district or zones affected that registers its name and mailing address with the city clerk for the purpose of receiving the notice. In the case of a request for the rezoning of an individual property or of ten or fewer adjacent properties, not less than 15 days notice shall also be given by mail or personal delivery to the owners of property for which approval is being considered, to all persons whom real property is assessed within 300 feet of the subject property, and to the occupants of all structures within 300 feet of the subject property regardless of whether the property or occupant is located within the City of Rochester. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, business or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas or organization, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. An affidavit of mailing shall be maintained. A hearing shall be granted a person interested at the time and place specified on the notice. The notice shall:

(1)

Describe the nature of the request.

(2)

Indicate the property, which is the subject of the request. For a request for the rezoning of an individual property or of ten or fewer adjacent properties, the notice shall include a listing of all existing street addresses within the property.

(3)

State when and where the request will be considered.

(4)

Indicate when and where written comments will be received concerning the request.

(Ord. No. 2009-07, pt. 7, 3-9-2009)

Upon presentation of a protest petition meeting the requirements of this subsection, an amendment to a zoning ordinance which is [the] object of the petition shall be passed only by a two-thirds vote of the city council. The protest petition shall be presented to the city council before final legislative action on the amendment, and shall be signed by one of the following:

(1)

The owners of at least 20 percent of the area of land included in the proposed change.

(2)

The owners of at least 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.

(a)

Filing of petitions. All petitions for amendments to this ordinance shall be in writing, signed and filed with the city clerk for presentation to the city council.

(b)

Contents of petition. All petitions for amendments to this ordinance shall contain at least the following (without limiting the rights to file additional material):

(1)

The petitioner's name, address, phone number, and interest in the petition, as well as the name phone number, and interest of every person having legal or an equitable interest in the land covered by the petition.

(2)

The nature and effect of the proposed amendment.

(3)

If the proposed amendment would require a change in the zoning map, a fully dimensioned map showing:

a.

The land, which would be affected by the proposed amendment;

b.

A legal description of such land;

c.

The present zoning classification of the land;

d.

Zoning classification of all abutting zoning districts; and

e.

All public and private rights-of-way and easements bounding and intersecting the land under consideration.

(4)

The alleged error in this ordinance, if any, which would be corrected by the proposed amendment, together with an explanation of such error which is alleged and reasons as to how the proposed amendment would correct the same.

(5)

The changed or changing conditions, if any, in the area or in the municipality generally that make the proposed amendment necessary.

(6)

All other circumstances, factors, and reasons, which the petitioner offers in support of the proposed amendment.

(7)

A site plan, prepared in accordance with article 27; however, the planning commission may waive the requirement of a site plan or reduce its scope and contents if the planning commission decides that the nature of the proposed amendment and character of the subject land and surroundings do not necessitate such information.

(8)

The amendment petition shall be accompanied by a filing fee to defray costs of processing the petition. The filing fee shall be as set forth in article [31].

(9)

Conditional rezoning requests shall include the applicant's proposed offer of conditions. This offer may be made either at the time the application for rezoning is filed or may be made at a later time during the rezoning process, but prior to the planning commission's public hearing. The applicant may voluntarily amend the conditions during the process of rezoning consideration. An owner may withdraw all or part of its offer of conditions at anytime prior to final rezoning action of the city council 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 to the planning commission for a new public hearing with appropriate notice and a new recommendation. The applicant may offer to add more restrictive conditions at the city council without requiring a new public hearing.

(Ord. No. 2009-07, pt. 8, 3-9-2009)

In considering any petition for an amendment to the official zoning map, the planning commission and city council shall consider the following criteria in making their findings, recommendations and decision. The decision on a proposed amendment shall include a statement of findings and conclusions which specifies the basis for the decision.

(1)

Consistency with the goals, policies and future land use arrangement of the City of Rochester's master plan.

(2)

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

(3)

The compatibility of uses allowed in the proposed zoning district with surrounding uses and zoning.

(4)

The capacity of city utilities and services to accommodate the uses permitted in the requested district.

(5)

The capability of the street system to safely and efficiently accommodate the expected traffic generated by uses permitted in the requested zoning district.

(6)

The boundaries of the requested rezoning district are reasonable and construction on the site will be able to meet the dimensional regulations for the zoning district listed in the schedule of regulations.

(7)

The requested rezoning will not create an isolated and unplanned spot zone.

(8)

An offer of conditions submitted as part of a conditional rezoning request shall bear a reasonable and rational relationship to the property for which rezoning is requested.

(9)

Other factors deemed appropriate by the planning commission and city council.

(Ord. No. 2009-07, pt. 9, 3-9-2009)

The planning commission and city council shall consider the following criteria for initiating amendments to this zoning ordinance text or responding to a petitioner's request to amend the ordinance text. The decision on a proposed amendment shall include a statement of findings and conclusions which specifies the basis for the decision.

(1)

The proposed amendment would correct an error in this ordinance.

(2)

The proposed amendment would clarify the intent of this ordinance.

(3)

Documentation has been provided from city staff or the zoning board of appeals indicating problems and conflicts in implementation or interpretation of specific sections of this ordinance.

(4)

The proposed amendment would address changes to the state legislation.

(5)

The proposed amendment would address potential legal issues or administrative problems with the zoning ordinance based on recent case law or opinions rendered by the attorney general of the State of Michigan.

(6)

The proposed amendment would promote compliance with changes in other city ordinances and county, state, or federal regulations.

(7)

The proposed amendment is supported by the findings of reports, studies, or other documentation on functional requirements, contemporary building practices, environmental requirements and similar technical items.

(8)

Other criteria as determined by the planning commission or city council which would protect the health and safety of the public, protect public and private investment in the city, promote implementation of the goals and policies of the master plan, downtown development plans, and sub-area plans, and enhance the overall quality of life in the City of Rochester.

(Ord. No. 2009-07, pt. 10, 3-9-2009)

(a)

Following amendment of this ordinance by the city council, one notice of adoption shall be published in a newspaper of general circulation in the city within 15 days after adoption. The notice shall include the following information:

(1)

Either a summary of the regulatory effect of the amendment including the geographic area affected, or the text of the amendment.

(2)

The effective date of the ordinance.

(3)

The place and time where a copy of the ordinance may be purchased or inspected.

(b)

The filing and publication requirement in this section supersede Charter provisions relating to the filing and publication of city ordinances.

(c)

The following administrative actions shall be taken upon approval of the amendment:

(1)

The zoning text and or map shall be amended to reflect the new zoning classification or language. Map amendments for conditional rezonings should include a designation identifying that the property is subject to a statement of conditions.

(2)

Conditional rezonings shall require the submittal of a formal written statement of conditions, which shall be incorporated by attachment as an inseparable part of the ordinance adopted by the city council. The statement of conditions shall:

a.

Be in a form recordable with the Oakland County register of deeds and include a statement acknowledging that it is recorded.

b.

Contain a legal description of the land to which it pertains.

c.

Acknowledge that upon the rezoning taking effect, the use and development of the land shall conform thereafter to all of the requirements regulating use and development within the new zoning district as modified by the statement of conditions.

d.

Contain a provision acknowledging that the statement of conditions runs with the land and is binding upon successor owners of the land. Any person who establishes a development or commences a use upon such land shall continuously operate and maintain the development or use in compliance with all of the conditions set forth in the statement of conditions.

e.

Incorporate by attachment or reference any diagram, plans or other documents submitted or approved by the owner that are necessary to illustrate the implementation of the statement of conditions. If any such documents are incorporated by reference, the reference shall specify where the document may be examined.

f.

Specify that failure to comply with any of the conditions set forth in the statement of conditions shall constitute a violation of this zoning ordinance and shall be punishable accordingly.

g.

Contain the notarized signatures of all of the owners of the subject land preceded by a statement attesting to the fact that they voluntarily offer and consent to the provisions contained within the document.

(d)

The approved statement of conditions shall be filed by the city clerk with the Oakland County register of deeds. The city council shall have the ability to waive this requirement if it determines that, given the nature of the conditions and/or the time frame within which the conditions are to be satisfied, the recording of such a document would be of no material benefit to the city or to any subsequent owner of the land.

(Ord. No. 2009-07, pt. 11, 3-9-2009)

The following provisions shall apply to approved conditional rezonings:

(1)

Time period for establishing development or use. Unless another time period is specified in the ordinance rezoning the subject land, the approved development and/or use of land pursuant to building and other required permits must be commenced upon the land within 18 months after the rezoning took effect and thereafter proceed diligently to completion. This time limitation may upon written request be extended by the city council if:

a.

It is demonstrated to the city council's reasonable satisfaction that there is a strong likelihood that the development and or use will commence within the period of extension and proceed diligently thereafter to completion; and

b.

The city council finds that there has not been a change in circumstances that would render the current zoning with statement of conditions incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy.

(2)

Reversion of zoning. If approved development and/or use of the rezoned land does not occur within the time frame specified under subsection (1) of this section, then the land shall revert to its former zoning classification as set forth in section 405(2) of the Michigan Zoning Enabling Act, Act 110, Public Acts of 2006, as amended. The reversion process shall be initiated by the city council requesting that the planning commission proceed with consideration of the 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 zoning requests.

(3)

Subsequent rezoning of land. When land that is rezoned with a statement of conditions is thereafter rezoned to a different zoning classification or to the same zoning classification but with a different or no statement of conditions, whether as a result of a reversion of zoning pursuant to subsection (2) of this section or otherwise, the statement of conditions imposed under the former zoning classification shall cease to be in effect. Upon the owner's written request, the city clerk shall record with the Oakland County register of deeds a notice that the statement of conditions is no longer in effect.

(4)

Amendment of conditions. During the time period for commencement of an approved development or use specified pursuant to subsection (1) of this section or during any extension thereof granted by the city council, the city shall not add to or alter the conditions in the statement of conditions. The statement of conditions may be amended thereafter in the same manner as set forth in section 3405(b)(9).

(5)

City right to rezone. Nothing in the statement of conditions nor in the provisions of this section shall be deemed to prohibit the city from rezoning all or any portion of land that is subject to a statement of conditions to another zoning classification. Any rezoning shall be conducted in compliance with this ordinance and the Michigan Zoning Enabling Act, Act 110, Public Acts of 2006, as amended (MCL 125.3101 et seq.).

(Ord. No. 2009-07, pt. 12, 3-9-2009)