The rezoning with conditions section is designed to allow a property owner, or its designee, to propose certain conditions upon the property as part of a request for rezoning. It is the intent of this ordinance to provide a process consistent with the provisions of the Zoning Enabling Act, as amended, which allows an owner requesting a rezoning to voluntarily propose conditions regarding the use and/or development of land. These conditions may become required as part of the rezoning approval, and they shall be included in the public record of rezoning.

(Comp. Ords. 1988, § 15.521; ord. eff. Dec. 17, 2008)

(a)

An owner of land may voluntarily offer in writing conditions relating to the use and/or development of land for which a rezoning is requested. 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.

(b)

The required application and process for considering a request for rezoning with conditions shall be the same as that for rezoning requests made without any offer of conditions, except as modified by the requirements of this division [article].

(c)

The owner's offer of conditions shall not include authorizing any use or development not permitted in the proposed rezoning district.

(d)

If a special land use permit is required for the use proposed for rezoning with conditions, the special land use permit shall be an explicit condition to the rezoning with conditions approval and the approved rezoning with conditions shall not take effect until the special land use permit is approved.

(e)

If a dimensional variance is required for the use or development proposed for rezoning with conditions, the dimensional variance shall be an explicit condition to the rezoning with conditions approval and the approved rezoning with conditions shall not take effect until the dimensional variance is approved.

(f)

A use variance is inapplicable to rezoning with conditions due to the requirement listed in subsection (c) that the offer of conditions shall not include any use not permitted in the proposed rezoning district.

(g)

An offer of conditions may be amended, in writing, during the process of rezoning with conditions provided that any amendment or additional conditions are made voluntarily by the landowner. A landowner may withdraw all or part of its offer of conditions any time prior to final rezoning action of the City Council. In the event a landowner withdraws all conditions offered subsequent to the Planning Commission public hearing on the original rezoning with conditions request, then the rezoning with conditions application shall be referred to the Planning Commission for a new public hearing with appropriate notice and a new recommendation.

(Comp. Ords. 1988, § 15.522; ord. eff. Dec. 17, 2008)

The Planning Commission, after public hearing and deliberation, may recommend to the City Council, approval with recommended changes, or denial; provided, however, that any recommended changes to the offer of conditions are acceptable to and thereafter voluntarily offered, in writing, by the landowner.

(Comp. Ords. 1988, § 15.523; ord. eff. Dec. 17, 2008)

(a)

The City Council shall be provided with a copy of the application for rezoning with conditions, the written offer of conditions, the Planning Commission report and recommendation, minutes from the public hearing and all supporting materials.

(b)

Upon receipt of the Planning Commission's recommendation, the City Council, pursuant to the rules of procedure, shall schedule and conduct a public hearing on the proposed application for rezoning with conditions and provide the required notice of the rezoning request.

(Comp. Ords. 1988, § 15.524; ord. eff. Dec. 17, 2008)

(a)

If the City Council approves the rezoning with conditions and adopts the offer of conditions, the offered conditions shall be incorporated into a formal written rezoning ordinance listing all conditions adopted.

(b)

The written rezoning with conditions ordinance shall comply with all the following:

1.

Be in a form recordable with the Macomb County Register of Deeds.

2.

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

3.

Contain a statement acknowledging that the rezoning with conditions runs with the land and is binding upon successor owners of the land.

4.

Incorporate by attachment a map of the rezoning with conditions boundaries and include all conditions attached to the rezoning. If any documents are incorporated by reference, the reference shall specify where the document may be examined.

5.

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 rezoning with conditions ordinance.

(c)

An approved rezoning with conditions shall not be published in a newspaper until there is full compliance with the requirements of this section.

(d)

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 conditions. The City Clerk shall maintain all ordinances adopted by City Council rezoning with conditions and a list of all land rezoned with conditions.

(e)

Upon the rezoning taking effect, the City Clerk shall record the approved rezoning with conditions ordinance with the Macomb County Register of Deeds.

(f)

Upon the rezoning taking effect, the use of the land so rezoned shall conform thereafter to all of the requirements regulating use and development within the new zoning district as modified by the rezoning conditions adopted.

(Comp. Ords. 1988, § 15.525; ord. eff. Dec. 17, 2008)

(a)

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 of the conditions set forth in the rezoning with conditions ordinance. Any failure to comply with a condition contained in the ordinance shall constitute a violation of this zoning ordinance. Additionally, any such violation shall be deemed a nuisance per se and subject to judicial abatement as provided by law.

(b)

No permit or approval shall be granted under this ordinance for any use and development that is contrary to the rezoning with conditions as adopted.

(Comp. Ords. 1988, § 15.526; ord. eff. Dec. 17, 2008)

The provisions of section 48-560 requiring site plan review shall apply to any use of development granted rezoning with conditions.

(Comp. Ords. 1988, § 15.527; ord. eff. Dec. 17, 2008)

The approved development and/or use of the land must be commenced within 12 months after the rezoning took effect and thereafter proceed diligently to completion. This time limitation may, upon written request, be extended for an additional 12 months by the City Council if it is demonstrated that there is a strong likelihood that the development and/or use will commence within the period of the extension and proceed diligently thereafter to completion.

(Comp. Ords. 1988, § 15.528; ord. eff. Dec. 17, 2008)

If development and/or use of the rezoned land does not occur within the time frame specified under section 48-595, time period for establishing development or use, then the land shall revert to its former zoning classification as required by the Zoning Enabling Act, as amended. The reversion process shall be initiated by the City Council resolution directing the Planning Commission to proceed with rezoning of the land to its former zoning classification. The procedure for reversionary rezoning shall be the same as all rezoning requests.

(Comp. Ords. 1988, § 15.529; ord. eff. Dec. 17, 2008)

Whenever land that is rezoned with conditions is thereafter rezoned, the conditions imposed under the former zoning classification shall cease to be in effect. The City Clerk shall record the new zoning ordinance and boundary map with the Macomb County Register of Deeds.

(Comp. Ords. 1988, § 15.530; ord. eff. Dec. 17, 2008)

(a)

Once the rezoning with conditions ordinance is approved, the City shall not add to or alter the conditions stated in this ordinance.

(b)

After adoption, the conditions of an approved rezoning with conditions may only be amended following the procedure for the original rezoning.

(Comp. Ords. 1988, § 15.531; ord. eff. Dec. 17, 2008)

Nothing in any approved rezoning with conditions or in any provision of this section shall be deemed to prohibit the City from rezoning all or any portion of land that is rezoned with conditions to another zoning classification. Any rezoning shall be conducted in compliance with applicable provisions of this ordinance and the Zoning Enabling Act, as amended.

(Comp. Ords. 1988, § 15.532; ord. eff. Dec. 17, 2008)

The City shall not require a landowner to offer conditions as a requirement for rezoning. The lack of an offer of conditions shall not affect a landowner's rights pursuant to the Zoning Enabling Act, as amended, this ordinance or other applicable law.

(Comp. Ords. 1988, § 15.533; ord. eff. Dec. 17, 2008)