For the purpose of establishing and maintaining sound, stable and desirable development within the territorial limits of the municipality, this chapter shall not be amended except to correct an error in this chapter or, because of changed or changing conditions in a particular area or in the municipality generally, to rezone an area, to extend the boundary of an existing district or to change the regulations and restrictions thereof. Such amendment to this chapter may be initiated by any person, firm, or corporation by filing an application therefor with the city clerk, or by motion of the city council or the planning commission requesting the city clerk to initiate an amendment procedure.

(Code 1994, § 24.01)

(a)

All applications for amendments to this chapter shall be in writing, signed, and filed in triplicate with the city clerk. All applications for amendments to this chapter, without limiting the right to file additional material, shall contain the following:

1.

The applicant's name, address and interest in the application as well as the name, address and interest of every person, firm or corporation having a legal or equitable interest in the land.

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 site plan showing the land which would be affected by the proposed amendment, a complete legal description of the land, the present zoning classification of the land, the zoning classification of all abutting districts, all public and private rights-of-way and easements bounding and intersecting the land under consideration.

4.

If the proposed amendment would require a change in the zoning map, the names and addresses of the owners of all land and their legal descriptions within the area to be changed by the proposed amendment.

5.

The alleged error in this chapter which would be corrected by the proposed amendment, with a detailed explanation of such alleged error and detailed reasons the proposed amendment will correct the same.

6.

The changed or changing conditions in the area or in the municipality that make the proposed amendment reasonably necessary to the promotion of the public health, safety, and general welfare.

7.

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

(b)

The city clerk, upon receipt of an application to amend or request to amend by any person, the city council or planning commission, shall refer the same to the planning commission for study and report. The planning commission shall cause a complete study of the proposed amendment to be made and shall recommend to city council such action as it deems proper. Prior to its recommendation to council on any proposed amendment, the planning commission shall hold at least one public hearing. The planning commission shall fix a reasonable time for the request and a notice that a request has been received shall be published in a newspaper which circulates in the city. The notice shall be given not less than 15 days before the date the application will be considered. If the name of the occupant is not known, the term "occupant" may be used in making notification.

(c)

If an individual property or ten or fewer adjacent properties are proposed for rezoning, the planning commission shall fix a reasonable time for the hearing of the rezoning request and a notice that a request has been received shall be published in a newspaper that circulates in the city, and sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet. The notice shall be given not less than 15 days before the date the application will be considered. If the name of the occupant is not known, the term "occupant" may be used in making notification. The notice shall:

(1)

Describe the nature of the rezoning request.

(2)

Indicate the property which is the subject of the zoning 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.

(3)

State when and where the rezoning request will be considered.

(4)

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

(5)

Indicate that a public hearing on the rezoning request may be requested by any property owner or the occupant of any structure located within 300 feet of the boundary of the property being considered for rezoning.

(d)

If 11 or more adjacent properties are proposed for rezoning, the planning commission shall fix a reasonable time for the hearing of the rezoning request and a notice that a request has been received shall be published in a newspaper which circulates in the city. The notice shall be given not less than 15 days before the date the application will be considered. If the name of the occupant is not known, the term "occupant" may be used in making notification. The notice shall:

(1)

Describe the nature of the rezoning request.

(2)

State when and where the rezoning request will be considered.

(3)

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

(4)

Indicate that a public hearing on the rezoning request may be requested by any property owner or the occupant of any structure located within 300 feet of the boundary of the property being considered for a rezoning.

(e)

After the public hearing, the planning commission shall make a report and recommendation to the city council. The city council may decline to adopt the proposed amendment or may adopt it in whole, in part, or with or without additional changes. The council may also refer the proposed amendment back to the planning commission for further study and review or for additional public hearings.

(f)

Following adoption of the zoning ordinance amendment, the amendment shall be published in a newspaper of general circulation in the local unit of government within 15 days after adoption.

(g)

The city council shall then file the zoning ordinance in the official ordinance book of the city within seven days after publication with a certification of the clerk stating the vote on passage, date published, and date filed.

(Code 1994, § 24.02)

(a)

In case a protest against a proposed amendment is presented, duly signed by the owners, or part owners, of 20 percent of the land proposed to be altered, or by the owners of at least 20 percent of the area of land included within the area extending outward 100 feet from any point on the boundary of the land included in the proposed change, such amendment shall not be passed except by the three-fourths vote of the city council.

(b)

If parcel of land is owned by the entireties, by joint tenants, by tenants in common or by legal and equitable owners, any one of such owners may sign the protest for the parcel so owned. In determining the land area upon which percentages shall be calculated, there shall be included all the property in a common ownership as a single unit. For the purposes of this subsection, publicly-owned land shall be excluded in calculating the 20 percent land area requirement.

(Code 1994, § 24.03)

The planning commission shall, at least once per year prepare for the city council a report on the administration and enforcement of this chapter and recommendations for amendments or supplements to the ordinance, if any, which are desirable in the interest of public health, safety, and general welfare.

(Code 1994, § 24.04)

(a)

Intent. It is the intent of this section to provide a process consistent with the provisions of section 405 of the Michigan Zoning Enabling Act (MCL 125.3405) 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.

(b)

Application and offer of conditions.

(1)

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. The offer shall be contained in a proposed conditional rezoning agreement, as described in this section, below. 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; however, the offer shall in all events be considered by the planning commission prior to being acted upon by the city council.

(2)

The required application and process for considering a rezoning request with conditions shall be the same as that for considering rezoning requests made without any offer of conditions, except as modified by the requirements of this section. Prior to submission of a formal application, applicants are encouraged to request and attend pre-application meetings with the city staff.

(3)

The owner's offer of conditions may not authorize uses or development not permitted in the requested new zoning district.

(4)

The owner's offer of conditions may include deviations from the schedule of regulations under this chapter or any overlay district and the city may approve such deviations as part of the offer of conditions, including, but not limited to, deviations in location, size and height of buildings, setbacks, and architectural features.

(5)

Any use or development proposed as part of an offer of condition that would require site plan approval under the terms of this chapter may only be commenced if a site plan is made part of the offer of conditions and approval for such use or development is ultimately granted in accordance with the provisions of this ordinance, if necessary.

(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 that if such withdrawal occurs subsequent to the planning commission's public hearing on the original rezoning request, then the rezoning application may be referred to the planning commission for a new public hearing with appropriate notice and a new recommendation.

(7)

If the city is in the process of proceeding with a conditional rezoning under this section, and the applicant has not voluntarily offered one or more of the conditions being considered, the applicant shall inform the city clerk in writing of such fact prior to any action being taken by the city council granting the conditional rezoning.

(c)

Planning commission review. The planning commission, after public hearing and consideration of the factors for rezoning set forth in this article, may recommend approval or denial of the rezoning.

(d)

City council review. 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, the following:

(1)

Compatibility with the policies and uses designated for the land and area in the city's master plan, or deviation from the master plan if the proposed development is compatible with the overall development within the city and the needs of the residents;

(2)

Compatibility with other uses in the surrounding areas considering the area as a whole and considering the needs of the city as a whole;

(3)

Availability and adequacy of public services and facilities, and whether there is likely to be any adverse impact from a development or use allowed under the rezoning with conditional rezoning agreement; and

(4)

Whether the development that would be approved shall advance the public interest, weighing the reasonably expected burdens likely to result from allowing the development against the reasonably expected benefits to be achieved by the development.

The city council may consider amendments to the proposed conditional rezoning, which have been offered by the owner of the property, and may deny or approve the conditional rezoning with or without amendments.

(e)

Approval.

(1)

If the city council finds a rezoning request and offer of conditions acceptable, the offered conditions shall be incorporated into the conditional rezoning agreement. The agreement shall be incorporated by attachment or otherwise as an inseparable part of the ordinance adopted by the city council to accomplish the requested rezoning.

(2)

The conditional rezoning agreement, as initially submitted, or as may be modified during the course of the rezoning process, shall:

a.

Be in a form recordable with the register of deeds for the county or, in the alternative, be accompanied by a recordable affidavit or memorandum prepared and signed by the owner of the property giving notice of the conditional rezoning agreement in a manner acceptable to the city council.

b.

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

c.

Contain a statement and acknowledgement that the terms and conditions of the conditional rezoning agreement shall run with the land and be binding upon and inure to the benefit of the property owner and the city, and their respective heirs, successors, assigns and transferees.

d.

A specification of all conditions proposed by the land owner to be applicable to the use and development of the land, including the following to the extent relevant:

1.

The location, size, height or other measure for and/or of buildings, structures, improvements, setbacks, landscaping, buffers, design, architecture and other features.

2.

Permissible uses of the property, and a specification of maximum density or intensity of development and/or use, expressed in terms fashioned for the particular development and/or use, for example, and in no respect by way of limitation, units per acre, maximum usable floor area, hours of operation, and the like.

3.

Preservation of natural resources and/or features.

4.

Facilities to address any relevant traffic, stormwater and water quality issues.

5.

Provisions for maintenance of areas on the land, as relevant.

e.

Contain a statement acknowledging that the conditional rezoning agreement, or an affidavit or memorandum giving notice thereof, may be recorded by the city with the register of deeds of the county.

f.

Contain a statement acknowledging that the city is not required to issue a certificate of occupancy until all conditions in the conditional rezoning agreement have been met.

g.

Contain the notarized signatures of all of the owners of the subject land preceded by a statement attesting to the fact that the conditional rezoning agreement, as the same may have been modified during the rezoning process (if applicable) has been freely, voluntarily and knowledgeably offered by such owners, and agreed upon in its entirety. If the land owner is unable to sign this due to a lack of one or more conditions that are not voluntary, the land owner shall provide a notice to this effect with the city clerk before final action of the city council.

(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 conditional rezoning agreement. The city clerk shall maintain a listing of all lands rezoned with a conditional rezoning agreement.

(4)

The approved conditional rezoning agreement, or affidavit or memorandum giving notice thereof, shall be filed by the city with the register of deeds of the county. The city council shall have the authority to waive this requirement if it determines that, given the nature of the conditions and/or the timeframe in which the conditions are to be satisfied, the recording of such document would be of no material benefit to the city or to subsequent owners of land.

(5)

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 any more restrictive provisions contained in the conditional rezoning agreement.

(f)

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

(2)

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

(g)

Time period for establishing development or use. Unless another time period is specified in this chapter 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 six 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 determined 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 circumstance that would render the current zoning with conditional rezoning agreement incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy.

(h)

Termination. If approved development and/or use of the rezoned land does not occur within the timeframe specified under subsection (g) of this section, or if the property owner makes a request in writing for termination of the conditional rezoning agreement prior to making any improvements pursuant to the conditional rezoning agreement, then the rezoning and the conditional rezoning agreement shall be deemed to be immediately terminated except in the city's discretion as to that part of the land, if any, that has been developed. In the event of such termination, no new development or use of the land shall be permitted until a new zoning classification is approved by a rezoning of the land. Upon such termination, the planning commission shall immediately initiate the process to rezone the land in whole or in part to its prior or other appropriate zoning classification. The procedure for considering and adopting this rezoning shall be the same as applied to all other rezoning requests. Once the rezoning has occurred, the city shall, upon request of the land owner, record with the register of deeds for the county a notice that the conditional rezoning agreement, except in the city's discretion as to that part of the land, if any, that has been developed, is no longer in effect.

(i)

Amendment of conditions.

(1)

During the time period for commencement of an approved development or use specified pursuant to subsection (g) of this section or any extension granted by the city council, the city shall not add to or alter the conditions in the conditional rezoning agreement.

(2)

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

(j)

City's right to rezone. Nothing in the conditional rezoning agreement or 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 conditional rezoning agreement to another zoning classification. Any rezoning shall be conducted in compliance with this ordinance and the Michigan Zoning Enabling Act, MCL 125.3101 et seq.

(k)

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 right under this chapter.

(Ord. No. C-311-13, § 1, 2-4-2014)