The city council may, from time to time, amend, modify, supplement or revise the zoning district boundaries shown on the zoning map (rezoning) or the provisions of this title. An amendment to the zoning district boundaries contained on the zoning map (rezoning) may be initiated by the city council, the planning commission, or by the owner or owners of property which is the subject of the proposed amendment. Amendments to the provisions of this title may be initiated by the city council, the planning commission, or by petition of one or more residents or property owners of the city. All proposed amendments to the zoning map or the provisions of this title shall be referred to the planning commission for public hearing and recommendation to the city council, prior to consideration thereof by the city council.

(Ord. 08-05 § 1 (part), 2008)

A.

An amendment to the zoning map or this title, except those initiated by the city council or planning commission, shall be initiated by submission of a completed application on a form supplied by the city, including an application fee, which shall be established from time to time by resolution of the city council.

B.

In the case of an amendment to the zoning map (rezoning), the following information shall accompany the application form:

1.

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

2.

Name, signature and address of the owner of the subject property, a statement of the applicant's interest in the subject property if not the owner in fee simple title, and proof of consent from the property owner.

3.

Existing and proposed zoning district designation of the subject property.

4.

Site analysis site plan illustrating existing conditions on the site and adjacent properties, such as woodlands, wetlands, soil conditions, steep slopes, drainage patterns, views, existing buildings, any sight distance limitations and relationship to other developed sites and access points in the vicinity.

5.

Conceptual plan demonstrating that the site could be developed with representative uses permitted in the requested zoning district meeting requirements for setbacks, wetland buffers access spacing, any requested service drives and other site design factors.

6.

Written environmental assessment describing site features and anticipated impacts created by the host of uses permitted in the requested zoning districts. A traffic impact analysis shall be provided if any use permitted in the requested zoning district could generate one hundred or more peak hour directional trips, or one thousand or more vehicle trips per day. The traffic study should contrast the daily and peak hour trip generation rates for representative uses in the current and requested zoning district. The determination of representative uses shall be made by the planning commission with input from city staff and consultants.

7.

Written description of how the requested rezoning meets Section 18.23.040.

C.

In the case of an amendment to the zoning map, the site must be staked to clearly indicate the location of the requested amendment. Flagged stakes shall be placed at each parcel corner. A sign shall be posted on the property by the applicant indicating that the property is proposed to be rezoned. Such sign shall also indicate the date, time and location of the planning commission public hearing where the proposal will be reviewed, as noted in Section 18.23.030.

D.

In the case of an amendment to this title, other than an amendment to the zoning map (rezoning), a general description of the proposed amendment shall accompany the application form.

(Ord. 08-05 § 1 (part), 2008)

A.

Upon initiation of a rezoning or an ordinance amendment, a public hearing on the proposed amendment shall be held in accordance with the standards set forth in Section 18.21.110.

B.

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. In the case of an amendment to the zoning map (rezoning), the planning commission shall consider the criteria contained in Section 18.23.040 in making its finding and recommendation.

C.

Following receipt of the findings and recommendation of the planning commission, the city council shall consider the proposed amendment to be adopted following two readings. In the case of an amendment to the text of this title, the city council may modify or revise the proposed amendment, as recommended by the planning commission, prior to enactment. In the case of an amendment to the zoning map (rezoning), the city council shall approve or deny the amendment, based on its consideration of the criteria contained in Section 18.23.040.

(Ord. 08-05 § 1 (part), 2008)

In considering any petition for an amendment to the zoning map (rezoning) and zoning ordinance text, 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 in the city of Wixom master plan, including any subarea or corridor studies. If conditions have changed since the master plan was adopted, 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 any of the uses permitted under the current zoning.

D.

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.

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

F.

Apparent demand for the types of uses permitted in the requested zoning district in the city in relation to the amount of land in the city currently zoned to accommodate the demand.

G.

Where a rezoning is reasonable given the above criteria, a determination that the requested zoning district is more appropriate than another district or amending the list of permitted or special land uses within a district.

H.

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

(Ord. 08-05 § 1 (part), 2008)

A.

Intent. 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 classification, that certain conditions could be proposed by property owners as part of a request for rezoning. This is especially true since the city must consider all potential uses which may be made of property when considering a traditional rezoning request, some of which may be inappropriate for a particular piece of property considering items such as, but not limited to, the surrounding land uses, the city master plan, available infrastructure, and natural features. 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. It is not the intent of this section to provide for rezonings that are inconsistent with the city's master plan or surrounding land uses, nor is it the intent to provide a mechanism for circumventing any requirements of the zoning ordinance.

B.

Application and Offer of Conditions. An owner of land may voluntarily offer in writing conditions relating to the use and/or development of land for which a conditional rezoning is requested. This offer may be made either at the time the application for conditional rezoning is filed, or additional conditions may be offered at a later time during the conditional rezoning process as set forth below.

1.

General Procedure. A request for a conditional rezoning shall be commenced by filing a petition with the city building official, on the required forms, accompanied by the specified fees. The petition shall explicitly describe the proposed conditional rezoning and shall be signed by the owner of the property. Petitions for conditional rezoning of a specific site shall be accompanied by a plot plan or survey containing the following information:

a.

Applicant's name, address, and telephone number;

b.

Scale, northpoint, and dates of submission and revisions;

c.

Zoning classification of applicant's property and all abutting parcels;

d.

Existing lot lines, building lines, structures, parking areas, driveways, and other improvements on the property and within one hundred feet of the property;

e.

Proposed lot lines and lot dimensions, and general layout of proposed structures, parking area, driveways, and other improvements proposed for the property;

f.

Dimensions, centerlines, and right-of-way widths of all abutting streets and alleys;

g.

Location of existing drainage courses, floodplains, lakes and streams, wetlands, and woodlands;

h.

All existing and proposed easements;

i.

Location of sanitary sewer or septic systems, existing and proposed;

j.

Location and size of water mains, well sites and building service, existing and proposed;

k.

The applicant shall also present a conceptual plan showing the specific proposed use of the property, and containing all the information outlined in Section 18.17.060.

2.

Pre-Application Conference. Prior to filing a formal request for a conditional rezoning, and prior to a public hearing, the applicant must informally meet with the city building official, and other representatives as deemed necessary by the city, to discuss the proposed development. The pre-application conference is intended to be informative and advisory in nature, and affords the applicant the opportunity to discuss the land use and planning policies of the city of Wixom.

The applicant must present a conceptual plan for the contemplated conditional rezoning at or before the pre-application conference. Any and all statements made by the city of Wixom employees, attorneys, agents or representatives at the pre-application conference have no legal force and are not legally binding promises, commitments or contracts.

C.

Review Procedures. The owner's offer of conditions may not purport to authorize uses or developments not permitted in the requested new zoning district.

1.

Standards for Rezoning. The owner's offer of conditions shall bear a reasonable and rational relationship to the property for which the conditional rezoning is requested. Further, the planning commission and city council shall, at a minimum, consider all the following standards in rendering a decision on a request for conditional rezoning:

a.

Will the proposed amendment be in accordance with the basic intent and purpose of the zoning ordinance?

b.

Is the proposed amendment consistent with the master plan of the city?

c.

Have the conditions changed since the current zoning was adopted, or was there a mistake in the zoning ordinance that justifies an amendment?

d.

Will the amendment correct an inequitable situation created by the zoning ordinance rather than merely grant special privileges?

e.

Will the amendment set an inappropriate precedent?

f.

Is the requested zoning consistent with the existing or planned surrounding land uses?

g.

If the rezoning is granted, could all requirements in the proposed zoning classification be complied with on the subject property?

h.

Would the proposed rezoning be consistent with the trends in land development in the general vicinity of the subject property?

i.

Would the proposed rezoning have a negative impact on public services, utilities, or roads?

j.

Would the proposed rezoning negatively impact natural features on the site, such as woodlands or wetlands?

2.

Other Required Approvals. Any use or development proposed as part of an offer of conditions that would require a special land use permit under the terms of this title may only be commenced if a special land use permit for such use or development is ultimately granted in accordance with the provisions of this chapter.

Any use or development proposed as part of an offer of conditions that would require a variance under the terms of this title may only be commenced if a variance for such use or development is ultimately granted by the zoning board of appeals in accordance with the provisions of this chapter.

Any use or development proposed as part of an offer of conditions that would require site plan approval under the terms of this title may only be commenced if site plan approval for such use or development is ultimately granted in accordance with the terms of this title.

3.

Amendment of Conditions. The offer of conditions may be amended during the process of conditional rezoning consideration, provided that any amended or additional conditions are entered voluntarily by the owner, and confirmed in writing. An owner may withdraw in writing 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 shall be referred back to the planning commission for a new public hearing with appropriate notice and a new recommendation.

D.

Planning Commission Review. The planning commission, after public hearing and consideration of the factors for rezoning set forth in subsection C of this section, may recommend approval, approval with recommended changes, or denial of the rezoning; provided, however, that any recommended changes to the offer of conditions are acceptable to and thereafter offered by the owner in writing. In the event that any recommended changes to the offer of conditions are not subsequently offered by the owner in writing, the recommendation of the planning commission shall be considered by the city council to be a recommendation of denial of the proposed conditional rezoning.

E.

City Council Review. After receipt of the planning commission's recommendation, the city council shall, consistent with subsection C of this section, review the planning commission's recommendation and deliberate upon the requested conditional rezoning, and may approve or deny the conditional rezoning request. If the applicant initiates additional or different conditions not considered by the planning commission subsequent to the recommendation of the planning commission, then the city council shall refer such proposed additional or different conditions to the planning commission for report thereon within a time specified by the city council, and the city council shall thereafter proceed to deny or approve the conditional rezoning.

F.

Approval. If the city council finds the conditional rezoning request and offer of conditions acceptable, the offer of conditions shall be incorporated into a formal written statement of conditions acceptable to the owner and conforming in form to the provisions of this section. The statement of conditions shall be incorporated by attachment or otherwise as an inseparable part of the ordinance codified in this title adopted by the city council to accomplish the requested conditional rezoning. The statement of conditions shall:

1.

Be prepared in a form recordable with the Oakland County Register of Deeds;

2.

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

3.

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

4.

Incorporate by attachment the conceptual plan which formed the basis of the conditional rezoning;

5.

Contain the notarized signatures of all the owners of the property proceeded by a statement attesting to the fact that they are the only parties having an interest in the property, and that they voluntarily offer and consent to the provisions contained within the statement of conditions;

6.

The statement of conditions may be reviewed and approved by the city attorney, with the applicant to pay all costs associated with such review and approval;

7.

The approved statement of conditions shall be filed by the owner with the Oakland County Register of Deeds within thirty days after approval of the conditional rezoning. The owner shall provide the city with a recorded copy of the statement of conditions within thirty days of receipt; and

8.

Upon the conditional rezoning taking effect, and after the required recording of the statement of conditions, use of the land so rezoned shall conform thereafter to all the requirements regulating use and development within the new zoning district as modified by any more restrictive provisions contained in the statement of conditions.

G.

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

H.

Time Period for Establishing Development or Use. The approved development and/or use of the land pursuant to building and other required permits must be commenced upon the land within eighteen months after the effective date by publication of the conditional rezoning, and must thereafter proceed diligently to completion. This time limitation may, upon written request, be extended an additional eighteen months by the city council if: (1) it is demonstrated to the city council's sole 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 conditional rezoning with statement of conditions incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy.

I.

Reversion of Zoning. If approved development and/or use of the rezoned land do not occur within the time frame specified under subsection H of this section, then the land shall revert to its former zoning classification as set forth in MCL 125.3405(2).

J.

Subsequent Rezoning of Land. When land that is conditionally rezoned with the statement of conditions is thereafter rezoned to a different zoning classification, or to the same zoning classification but with a different or no statement of conditions, whether as a result of a reversion of zoning pursuant to subsection I of this section, or upon application of the landowner, or otherwise, the statement of conditions 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 Oakland County Register of Deeds a notice that the statement of conditions is no longer in effect.

K.

Amendment of Conditions.

1.

During the time period for commencement of an approved development or use specified pursuant to subsection H of this section, or during any extension thereof granted by the city council, the city shall not add to or alter the conditions in the statement of conditions.

2.

The statement of conditions may be amended thereafter in the same manner as was prescribed for the original conditional rezoning and statement of conditions.

L.

City Right to Rezone. Nothing in the statement of conditions 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 statement of conditions to another zoning classification. Any rezoning shall be conducted in compliance with this title and the Michigan Zoning Enabling Act. (MCL 125.3101 et seq.).

M.

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 title.

(Ord. 08-05 § 1 (part), 2008)