Sparta Township City Zoning Code
ZONING AGREEMENTS
CONDITIONAL REZONINGS
§ 154.395 GENERAL.
(A) The Township Board recognizes that there are certain instances where it would be in the best interest of the township, as well as advantageous to property owners seeking a change in zoning boundaries, if certain conditions and limitations could be proposed by an applicant as part of an application for a rezoning.
(B) Therefore, it is the intent of this subchapter to provide a process by which an applicant seeking a change in zoning districts may propose a zoning agreement, with conditions and commitments attached thereto, as part of the application for the requested rezoning.
(C) These provisions shall be in accordance with the provisions of the Zoning Act, being M.C.L.A. §§ 125.3101 et seq., as amended.
(Ord. passed 7-12-2012, § 4.31)
§ 154.396 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
REZONING OFFER. Conditions proposed by the applicant and approved by the township that are processed as part of an approval under this section. These conditions shall constitute permanent requirements for and in connection with the development and/or use of the property approved with a zoning agreement.
ZONING AGREEMENT. A written agreement offered by the applicant and approved and executed by the applicant and the township and recorded with the county’s Register of Deeds, incorporating the rezoning offer along with any requirements necessary to implement the rezoning offer. When necessary, the ZONING AGREEMENT shall also include and incorporate, by reference, a site plan that illustrates the implementation of the rezoning offer. This plan shall not replace the requirement for a site plan or other approvals that may be required by this chapter.
(Ord. passed 7-12-2012, § 4.31)
§ 154.397 ELIGIBILITY.
An applicant for rezoning may submit a proposed zoning agreement with an application for rezoning.
(Ord. passed 7-12-2012, § 4.31)
§ 154.398 ZONING AGREEMENTS.
(A) The zoning agreement shall set forth the rezoning offer and shall include those terms necessary to implement the agreement. In addition, the zoning agreement shall include the following acknowledgments and understandings that:
(1) The zoning agreement and the rezoning offer were proposed voluntarily by the applicant, and that the township relied upon the agreement and may not grant the rezoning without the rezoning offer and terms spelled out in the zoning agreement;
(2) The zoning agreement and its terms and conditions are authorized by all applicable state and federal laws and constitutions, and that the zoning agreement is valid and was entered into on a voluntary basis, and represents a permissible exercise of authority by the township;
(3) The property shall not be developed and/or used in any manner that is not consistent with the zoning agreement;
(4) The approval and the zoning agreement shall be binding upon the property owner and the township, and their respective heirs, successors, assigns, receivers or transferees; and
(5) If a rezoning with a zoning agreement becomes void in accordance with the Zoning Act, being M.C.L.A. §§ 125.3101 et seq., as amended, no development shall take place and no permits shall be issued unless and until a new zoning district classification for the property has been established or a new rezoning with a zoning agreement has been approved.
(B) Each of the requirements and conditions in the zoning agreement represents a necessary and reasonable measure which, when considered with all other conditions and requirements, is roughly proportional to the increased impact or other condition created by the uses, activities or conditions represented in the approved rezoning and zoning agreement, taking into consideration the changed zoning district classification and the specific use(s), structures, activities or conditions authorized.
(C) No part of the zoning agreement shall permit any activity, use, structure or condition that would otherwise violate any requirement or standard that is otherwise applicable in the new zoning district.
(Ord. passed 7-12-2012, § 4.31)
§ 154.399 REZONING OFFER.
(A) The zoning agreement shall specify the rezoning offer and any requirements necessary to implement it. However, the rezoning offer may not authorize uses or developments of greater intensity or density, and/or which are not allowed in the new zoning district; nor may any variances from height, area, setback or similar dimensional requirements in this chapter be allowed unless a variance has been previously granted by the ZBA pursuant to the requirements of §§ 154.440 through 154.449 of this chapter.
(B) Any uses proposed as part of a zoning agreement that would otherwise require approval of a special use permit and/or site plan shall be approved as required in this chapter prior to establishment of or commencement of development of the use.
(Ord. passed 7-12-2012, § 4.31)
§ 154.400 APPLICATION, REVIEW AND APPROVAL.
(A) An application for rezoning shall be the same as specified in the Zoning Act, being M.C.L.A. § 125.3101 et seq. In addition to the required materials listed, a zoning agreement in a recordable format acceptable to the township shall be submitted, along with any plans necessary to illustrate the rezoning offer.
(B) The application may be amended during the process of township consideration; provided that, any amended or additional rezoning offers are entered voluntarily by the applicant.
(C) (1) The zoning agreement shall be reviewed by the Township Attorney prior to the required Planning Commission public hearing. See § 154.424 of this chapter.
(2) The Township Attorney shall determine that the zoning agreement conforms to the requirements of this section and the Zoning Act, being M.C.L.A. §§ 125.3101 et seq., as amended, and shall confirm that the zoning agreement is an a form acceptable for recording with the county’s Register of Deeds.
(D) An escrow fee deposit may be required by the township to cover any and all costs incurred for addressing the zoning agreement request.
(Ord. passed 7-12-2012, § 4.31)
§ 154.401 APPROVAL.
(A) If the rezoning and zoning agreement are approved, the zoning classification of the rezoned property shall consist of the district to which the property has been rezoned, plus a reference to the zoning agreement. The zoning map shall specify the new district, plus a small letter “a” to indicate that the property is subject to a zoning agreement (in other words, “Ala”). The Township Clerk shall maintain a listing of all properties subject to zoning agreements and shall provide copies of the agreements upon request.
(B) Upon rezoning, the use of the property in question shall conform to all of the requirements regulating use and development within the new zoning district as well as the zoning agreement; however, the more restrictive requirements of the zoning agreement shall apply, and the zoning agreement shall supersede all inconsistent regulations otherwise applicable under this chapter.
(C) The approved zoning agreement shall be recorded with the county’s Register of Deeds by the applicant with proof of recording provided to the township.
(D) Prior to development, a site plan shall be approved in accordance with this chapter, if otherwise required.
(Ord. passed 7-12-2012, § 4.31)
§ 154.402 CONTINUATION.
(A) Provided that, all development and/or use of the property in question is in compliance with the zoning agreement, a use or development authorized under the agreement may continue indefinitely; provided that, all terms of the rezoning offer and the zoning agreement continue to be adhered to.
(B) Failure to comply with the zoning agreement at any time after approval may constitute a breach of agreement and further use of the property may be subject to legal remedies available to the township.
(Ord. passed 7-12-2012, § 4.31)
§ 154.403 AMENDMENT.
(A) During the initial two-year period, or during any extension granted by the township as permitted above, the township shall not add to or alter the rezoning offer in the zoning agreement.
(B) The zoning agreement may be amended after the expiration of the initial two-year period and any extensions, in the same manner as was prescribed for the original rezoning and zoning agreement.
(Ord. passed 7-12-2012, § 4.31)