This chapter establishes the procedures to be followed for any amendment to the provisions of this ordinance or to the zoning designation of any property in the City of Rockford.

Proposals to amend these regulations may be in the form of requests to change the ordinance text or the zoning map. Applications for amendment to the map may be initiated by the owner or option holder of property that is the subject of an amendment request or by the Planning Commission or City Council upon its own initiative. Text amendments may only be initiated by the Planning Commission or City Council.

A.

Application. Each application to amend the zoning text or map shall be filed with the zoning administrator on forms provided for that purpose along with the application fee and any other required documentation. Only compete applications containing all required information and exhibits and the required fee, shall be processed by the zoning administrator in accordance with the public notice and hearing requirements of this ordinance. An application shall not be withdrawn by the applicant after the legal notification has been processed by the city, except as otherwise provided.

B.

Resubmittal of Map Amendments. No application for a zoning map amendment that has been denied by the City Council shall be resubmitted within 12 months of the date when the request was first denied. However, if the amendment request is for a different zoning district than the previous request, an application may be accepted.

C.

Public Hearing. The Planning Commission shall hold at least one public hearing on all zoning ordinance amendments, supplements, changes to the boundaries of districts, designation of districts, or regulations. At least 15 days' notice of the public hearing shall be given as follows:

1.

To the general public, by publication in an official newspaper or newspaper of general circulation.

2.

To each public utility company or railroad owning or operating any public utility or railroad within the districts or zones affected, provided they are registered by name and address with the city clerk for the purposes of receiving such notice.

3.

To each property owner and each occupant within 300 feet of the subject property if the proposed change involves a map amendment for specific land.

4.

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 persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different persons, 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.

5.

The Planning Commission may adjourn the public hearing at its discretion.

D.

Planning Commission Recommendation. The Planning Commission shall take action by majority vote and make a recommendation to the City Council.

E.

Council Action. Upon receipt of the Planning Commission's recommendation, the City Council shall act upon the proposed change or amendment by ordinance, in accordance with the Zoning Act and City Charter.

F.

Protest Petition.

1.

Upon presentation of a protest petition meeting the requirements of this subsection, an amendment to the zoning ordinance, which is the subject of the petition, may only be passed by at least a two-thirds vote of the City Council. The protest petition presented to the City Council shall be signed by at least one of the following:

a.

The owners of at least 20 percent of the area included in the proposed change; and/or

b.

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

2.

Publicly owned land shall be excluded in calculating the 20 percent land area requirement.

G.

Publication. Following adoption by the City Council of a zoning ordinance and subsequent amendments, one notice of adoption shall be published in a newspaper of general circulation within the city within 15 days after adoption. The notice shall include the following information:

1.

In the case of a newly adopted zoning ordinance, the following statement: "A Zoning Ordinance regulating the development and use of land has been adopted by the City Council of the City of Rockford."

2.

In the case of an amendment to an existing ordinance, either a summary of the regulatory effect of the amendment, including the geographic area affected, or the text of the amendment.

3.

The effective date of the ordinance.

4.

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

It is recognized that there are certain instances where it would be in the best interests of the city, as well as advantageous to property owners seeking a change in zoning boundaries, if certain conditions could be proposed by property owners as part of a rezoning request. It is the intent of this section to provide a process consistent with the provisions of Zoning Act by which an owner seeking a rezoning may voluntarily propose conditions regarding the use and/or development of land as part of the rezoning request.

A.

Application and Offer of Conditions. The required application and process for considering a rezoning request with conditions shall be the same as that for considering a rezoning request made without any offer of conditions, except as modified by the requirements of this section.

1.

An applicant for a rezoning may voluntarily offer zoning conditions, in writing, along with an application for rezoning before or following the public hearing for a proposed rezoning.

2.

The zoning conditions 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.

3.

The zoning conditions may not authorize uses or developments of greater intensity or density, or which are not permitted in the proposed zoning district; nor may the conditions permit variations from height, area, setback, or similar dimensional requirements that are less restrictive than the proposed zoning district.

4.

The conditions offered by the owner shall bear a reasonable and rational relationship to the property for which the rezoning is requested.

5.

Any use or development proposed as part of an offer of conditions that would require site plan approval, a special land use permit, and/or a variance under the terms of this ordinance may only be commenced if such approval(s) for the use or development is ultimately granted, in accordance with the provisions of this ordinance.

6.

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

7.

The Planning Commission, after public hearing and consideration of the factors for rezoning set forth in Section 12.5 J. of this ordinance, may recommend approval, approval with recommended changes, or denial of the rezoning; provided, any recommended changes to the offer of conditions are acceptable to and thereafter offered by the owner.

8.

After receipt of the Planning Commission's recommendation, the City Council shall deliberate upon the requested rezoning and may approve or deny the conditional rezoning request. The City Council's deliberations shall include, but not be limited to, a consideration of the factors for rezoning set forth in Section 12.5 J. of this ordinance. Should the City Council consider amendments to the proposed conditional rezoning advisable and if such contemplated amendments are acceptable to and thereafter offered by the owner, the City Council shall refer the amendments to the Planning Commission for a report within a time specified by the City Council and proceed thereafter to approve or deny the conditional rezoning with or without amendments.

B.

Approval.

1.

If the City Council finds the rezoning request and offer of conditions acceptable, the offered conditions shall be incorporated into a formal written zoning agreement acceptable to the owner and conforming in form to the provisions of this section. The zoning agreement shall be incorporated as an inseparable part of the ordinance adopted by the City Council to accomplish the requested rezoning.

2.

The zoning agreement shall:

a.

Be in a form recordable with the Register of Deeds of Kent County or, in the alternative, be accompanied by a recordable affidavit or memorandum prepared and signed by the owner giving notice of the zoning agreement in a manner acceptable to the City Council. A statement by the owner acknowledging that the zoning agreement or affidavit or memorandum may be recorded by the city with the Register of Deeds shall also be included.

b.

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

c.

Contain a statement acknowledging that the conditions run with the land and are binding upon successor owners of the land.

d.

Incorporate by attachment or reference any diagram, plans or other documents submitted by the owner and approved by the Planning Commission or City Council that are necessary to illustrate the implementation of the zoning agreement. If any such documents are incorporated by reference, the reference shall specify where the document may be examined.

e.

Contain the notarized signatures of all 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 zoning agreement.

3.

Upon the rezoning taking effect, the zoning map shall be amended to reflect the new zoning classification along with a designation that the land was rezoned with a zoning agreement. The city clerk shall maintain a listing of all rezoned lands subject to a zoning agreement.

4.

The approved zoning agreement or an affidavit or memorandum giving notice thereof shall be filed by the city with the Kent County Register of Deeds. The City Council shall have authority 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.

5.

Upon the rezoning taking effect, the use of the land conditionally rezoned shall conform to all requirements regulating use and development of the property as modified by all restrictive provisions contained in the zoning agreement.

C.

Compliance with Conditions.

1.

Any person who establishes a development or commences a use upon land that has been rezoned with conditions shall continuously operate and maintain the development or use in compliance with all conditions set forth in the zoning agreement. Any failure to comply with a condition contained within the zoning agreement shall constitute a violation of this zoning ordinance and be punishable accordingly. Additionally, any such violation shall be deemed a nuisance, per se, and subject to judicial abatement as provided by law.

2.

No permit or approval shall be granted under this ordinance for any use or development that is contrary to an applicable zoning agreement.

D.

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 the land pursuant to building and other required permits must be commenced upon the land within 12 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:

1.

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

2.

the City Council finds that there has not been a change in circumstances that would render the current zoning with zoning agreement incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy.

E.

Reversion of Zoning. If the approved development and/or use of the rezoned land does not occur within the time frame specified under Subsection D. above, then the land shall revert to its former zoning classification. The reversion process shall be initiated by the City Council requesting that the Planning Commission proceed with consideration of rezoning the land to its former or other zoning classification. The procedure for considering and making this reversionary rezoning shall be the same as applies to all other rezoning requests.

F.

Subsequent Rezoning of Land. When land that is rezoned with a zoning agreement is subsequently rezoned to a different zoning classification or to the same zoning classification but with a different or no zoning agreement, whether because of a reversion of zoning pursuant to Subsection E. above or otherwise, the zoning agreement 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 Kent County Register Deeds a notice that the zoning agreement is no longer in effect.

G.

Amendment of Conditions.

1.

During the time period for commencement of an approved development or use specified pursuant to Subsection D. above or during any extension thereof granted by the City Council, the city shall not add to or alter the conditions in the zoning agreement.

2.

The zoning agreement may be amended thereafter in the same manner as was prescribed for the original rezoning and zoning agreement.

H.

City Right to Rezone. Nothing in the zoning agreement 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 zoning agreement to another zoning classification or from amending the zoning provisions of the district in which the applicant's land is located. Any rezoning or other amendment shall be conducted in compliance with this ordinance and the Zoning Act.

I.

Failure to Offer Conditions. The city shall not require an owner to offer conditions as a requirement for rezoning. The lack of an offer of conditions shall not affect an owner's rights under this ordinance.

A.

Map Amendments. In order to promote the public health, safety, and general welfare of the city against the unrestricted use of property, the City Council and Planning Commission may consider the following standards and any other factors relevant to balancing the public interest in making a rezoning decision:

1.

Does the request conform with the goals, recommendations, and land use designation of the City's Master Plan?

2.

Is this request a logical extension of a zoning boundary which would improve the pattern of uses in the general area?

3.

Does the current zoning classification unreasonably restrict the use and enjoyment of the subject property?

4.

Has a change of conditions occurred in the surrounding area which makes the current zoning of the property unreasonable?

5.

Is there sufficient land already appropriately zoned and available elsewhere in the city?

6.

Is this spot zoning and generally unrelated to either existing zoning or the pattern of development of the area?

7.

Could traffic created by the proposed zoning classification travel through established residential neighborhoods on minor streets, leading to congestion, noise, and traffic hazards?

8.

Would the proposed zoning allow uses that could generate traffic flow beyond the carrying capacity of the current street system?

9.

Is there an imminent need for the rezoning and for the uses permitted within the proposed district?

10.

Would the allowed uses substantially conflict with existing or intended development density patterns in the surrounding area?

11.

Would the proposed zoning change likely precipitate similar requests which would generate or accelerate adverse land use changes in the zone or neighborhood?

12.

Would any or all of the allowed uses in the proposed zone district adversely impact adjacent or nearby properties in terms of:

a.

Environmental quality or livability, by creating undue traffic, noise, odor, or visual hazards incompatible with the established or intended development pattern.

b.

Property value, by rendering such properties less desirable and, therefore, less marketable for the type of development to which they are committed or restricted.

13.

Would the rezoning create development potential of such increased intensity that storm water runoff from the site would exceed current limits, resulting in adverse impacts upon existing or planned down-stream drainage systems?

14.

Would the rezoning result in public service demands beyond existing capacities and impose an economic burden on the community at-large?

B.

Text Amendments. In its consideration of amendments to the text of this ordinance, the following may be applied to guide the deliberations of the Planning Commission and City Council:

1.

The proposed text amendment would clarify the intent of this ordinance.

2.

The proposed text amendment would correct an error in this ordinance.

3.

The proposed text amendment would address changes to the state legislation, recent case law, or opinions from the state attorney general.

4.

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

5.

In the event the amendment would add a use to a district, that use would be fully consistent with the purpose of that district and the character of the other uses allowed within the district.

6.

The amendment would not create incompatible land uses within a zoning district.

7.

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

8.

As applicable, the proposed change would be consistent with the city's ability to provide adequate public facilities and services.

9.

The proposed change would be consistent with the ordinance's intent to protect the public health, safety, and welfare of the community.