The city council may, from time to time, amend, modify, supplement, or revise the zoning district boundaries shown on the official zoning map or the provisions of this ordinance. Amendments to the provisions of this ordinance may be initiated by the city council, the planning commission, the zoning board of appeals, the zoning administrator or by petition of one or more residents or land owners. Amendments to the official zoning map may be initiated by the city council, the planning commission, or by the owner or owners of the subject site. All proposed amendments to the provisions of this ordinance or the official zoning map shall be referred to the planning commission for public hearing and recommendation to the city council prior to action by the city council.

(Ord. No. 440, § 10, 6-10-19)

An amendment to this ordinance or the official zoning map, except those initiated by the city, shall be initiated by submission of a completed application form and fee. The following information shall accompany the application form:

A.

A legal description and street address of the subject property, together with a map identifying the subject property in relation to surrounding properties.

B.

The name and address of the owner of the subject site, and a statement of the applicant's interest in the subject site if not the owner in fee simple title.

C.

The existing and proposed zoning district designation of the subject property.

D.

The land use classification for the subject site as illustrated on the city's master plan.

E.

In the case of an amendment to this ordinance, other than an amendment to the official zoning map, a general description of the proposed amendment and rationale for the change shall accompany the application form.

F.

A written description of how the requested rezoning meets the amendment criteria of this article.

(Ord. No. 440, § 10, 6-10-19)

A.

Public hearing: Upon initiation of an amendment, a work session and public hearing to consider the proposed amendment shall be scheduled before the planning commission. If an individual property or ten or fewer adjacent properties are proposed for rezoning, written notice of the public hearing shall be made as follows:

(a)

The notice shall do all of the following:

(1)

Describe the nature of the request.

(2)

Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used. Individual addresses of properties are not required to be listed for an amendment to the zoning ordinance, or the zoning map that affects 11 or more properties.

(3)

State when and where the request will be considered.

(4)

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

(b)

The notice shall be published and delivered not less than 15 days before the date of the public hearing as follows:

(1)

Notice of the request shall be published in a newspaper of general circulation in the city. This shall be the only notice required for an amendment to the zoning ordinance, or the zoning map that affects 11 or more properties or an interpretation by the zoning board of appeals.

(2)

Where approval is being sought under this ordinance for an individual property or a rezoning affecting ten or fewer properties, notice shall also be sent by mail or personal delivery to the owners of property for which approval is being considered.

(3)

In addition to paragraph (2) above, notice shall be sent to all persons to whom real property is assessed within 300 feet of the property and to the occupants of all structures within 300 feet of the property regardless of whether the property or occupant is located in the zoning jurisdiction. If the name of the occupant is not known, the term "occupant" may be used in making notification under this subsection.

(c)

If 11 or more properties are proposed for rezoning, or if an amendment is proposed to the text of the ordinance, the city shall give a notice of the proposed rezoning in the same manner as required under section 24.02 A., except for the individual property notices required by subsections (b)(2), and (b)(3) and except that no individual addresses of properties are required to be listed under section (a)(2).

B.

Planning commission findings and recommendation: Following the public hearing, the planning commission shall identify and evaluate all factors relevant to the petition and shall report its findings and recommendation to the city council. The planning commission shall consider the criteria listed in section 24.04 for a requested amendment to the official zoning map, and the criteria listed in section 24.05 for requested amendments to the standards and regulations in the text.

C.

City council findings and action: Following receipt of the findings and recommendation of the planning commission, the city council shall act on the proposed amendment. In the case of an amendment to the text of this ordinance, the city council may modify or revise the proposed amendment recommended by the planning commission prior to enactment. In the case of an amendment to the official zoning map, the city council shall approve or deny the amendment, based on its consideration of the criteria in section 24.04 or 24.05 as applicable.

(Ord. No. 440, § 10, 6-10-19)

Any amendment for the purpose of complying with a decree of a court of competent jurisdiction shall be adopted by the city council and published, without necessity of a public hearing or referral hereof to any other board or agency.

(Ord. No. 440, § 10, 6-10-19)

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 its findings, recommendations and decision:

A.

Consistency with the goals, policies, and future land use map of the City of Swartz Creek Master Plan. If conditions upon which the master plan was developed (such as market factors, demographics, infrastructure, traffic and environmental issues) have changed significantly since the master plan was adopted, as determined by the city, the planning commission and council shall consider the consistency with recent development trends in the area.

B.

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

C.

Evidence the applicant cannot receive a reasonable return on investment through developing the property with at least one of the uses permitted under the current zoning.

D.

The compatibility of all the potential uses allowed in the proposed zoning district with surrounding uses and zoning in terms of land suitability, impacts on the environment, density, nature of use, traffic impacts, aesthetics, infrastructure and potential influence on property values.

E.

The capacity of the city's infrastructure and services sufficient to accommodate the uses permitted in the requested district without compromising the "health, safety, and welfare."

F.

The apparent demand for the types of uses permitted in the requested zoning district in relation to the amount of land currently zoned and available to accommodate the demand.

G.

The request has not previously been submitted within the past one year, unless conditions have changed or new information has been provided.

H.

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

(Ord. No. 440, § 10, 6-10-19)

The planning commission and city council shall consider the following criteria to determine the appropriateness of amending the text, standards and regulations of the zoning ordinance:

A.

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

B.

Reference materials, planning and zoning publication, information gained at seminars or experiences of other communities that demonstrate improved techniques to deal with certain zoning issues, or that the city's standards are outdated.

C.

The city attorney recommends an amendment to respond to significant case law.

D.

The amendment would promote implementation of the goals and objectives of the city's master plan.

E.

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

(Ord. No. 440, § 10, 6-10-19)

An application for an amendment to the official zoning map (i.e., a rezoning request) that has been denied shall not be reconsidered for one year, unless the applicant demonstrates that conditions have changed.

(Ord. No. 440, § 10, 6-10-19)

An applicant for a rezoning may voluntarily offer a zoning agreement along with an application for rezoning. An election to file a rezoning with a zoning agreement shall be pursuant to the city and Village Zoning Act, as amended, and this article. The conditions set forth in the zoning agreement must be voluntary and equally or more restrictive than the regulations that would otherwise apply under the proposed zoning district. The zoning agreement shall be a written agreement that is approved and executed by the applicant and the city and recorded with the Genesee County Register of Deeds. When necessary, the zoning agreement shall also include and incorporate, by reference, a site plan. This plan shall not replace the requirement for a site plan as outlined in Article 21. The zoning agreement must be voluntarily offered by the applicant and the city shall not have the authority to require a petitioner for rezoning to offer such agreement and shall not have the authority to require modification to a zoning agreement without the consent of the petitioner; provided, the city shall not enter into a zoning agreement that is not found acceptable to the city council.

A.

Scope of agreement: The zoning agreement 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. The zoning agreement may not authorize uses or developments of greater intensity, or density or which are not permitted in the proposed zoning district; nor may a zoning agreement permit variations from height, area, setback or similar dimensional requirements that are less restrictive than the proposed zoning district. The zoning agreement may include conditions related to the use and development of the property that are necessary to:

a)

Serve the intended use of the property such as extension of or improvements to roadways, utilities or other infrastructure serving the site;

b)

Minimize the impact of the development on surrounding properties; and

c)

Preserve natural features and open space.

B.

Content of agreement: In addition to any limitations on use or development of the site, preservation of site features or improvements described in subsection A. above, the zoning agreement shall also include the following:

a)

Acknowledgement that the zoning agreement was proposed voluntarily by the applicant and that the city relied upon the agreement and may not grant the rezoning but for the terms spelled out in the zoning agreement.

b)

Acknowledgement that the zoning agreement and its terms and conditions are authorized by all applicable state and federal law and constitution, and that the zoning agreement is valid and was entered into on a voluntary basis.

c)

Agreement and understanding that the property shall not be developed or used in any manner that is not consistent with the zoning agreement.

d)

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

e)

Agreement and understanding that, if a rezoning with a zoning agreement becomes void in accordance with this section, that no further development shall take place and no permits shall be issued unless and until a new zoning district classification for the property has been established.

f)

Agreement and understanding that no part of the zoning agreement shall permit any activity, use, or condition that would otherwise violate any requirement or standard that is otherwise applicable in the proposed zoning district.

g)

Any other provisions as are agreed upon by the parties.

C.

Future rezonings: Nothing in the zoning agreement, nor any statement or other provision, shall prohibit the city from later rezoning all or any portion of the property that is the subject of the zoning agreement to another zoning classification. Any rezoning shall be conducted in compliance with this ordinance and the City and Village Zoning Act.

D.

Compliance with agreement: Provided that all development and use of the property in question is in compliance with the zoning agreement, a use or development authorized thereunder may continue indefinitely, provided that all terms of the zoning agreement continue to be adhered to. Failure to comply with the zoning agreement at any time after approval will constitute a breach of the agreement and also a violation of this ordinance, and further use of the property may be subject to legal remedies available to the city.

(Ord. No. 440, § 10, 6-10-19)