(A) Intent and purpose.
(1) (a) It is recognized that there are certain instances where it would be in the best interests of the village, 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.
(b) This is especially true since the village 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 Village Master Plan, available infrastructure and natural features.
(c) It is the intent of this section to provide a process consistent with the provisions of § 405 of the State Zoning Enabling Act, Public Act 110 of 2006, as amended, 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.
(2) It is not the intent of this section to provide for rezonings that are inconsistent with the Village Master Plan or surrounding land uses, nor is it the intent to provide a mechanism for circumventing any requirements of this chapter.
(B) Conditional rezoning standards for approval. The following standards shall be used as a basis upon which conditional rezoning requests will be reviewed and approved. The applicant’s offer of conditions may not authorize uses or developments not permitted in the requested new zoning district.
(1) Standards for rezoning.
(a) The owner’s offer of conditions shall bear a reasonable and rational relationship to the property for which the conditional rezoning is requested.
(b) Further, the Planning Commission and Village Council shall, at a minimum, consider all the following standards in rendering a decision on a request for conditional rezoning, although not all standards must be met in order to approve a conditional rezoning:
1. Will the proposed rezoning be in accordance with the basic intent and purpose of this chapter?
2. Is the proposed rezoning consistent with the Village Master Plan?
3. Have the conditions changed since the current zoning was adopted, or was there a mistake in the zoning ordinance that justifies a rezoning?
4. Will the rezoning correct an inequitable situation created by the zoning ordinance rather than merely grant special privileges?
5. Will the amendment set an inappropriate precedent?
6. Is the requested rezoning consistent with the existing or planned surrounding land uses?
7. If the rezoning is granted, could all requirements in the proposed zoning classification be complied with on the subject property?
8. Would the proposed rezoning be consistent with the trends in land development in the general vicinity of the subject property?
9. Would the proposed rezoning have a negative impact on public services, utilities or roads?
10. Would the proposed rezoning negatively impact natural features on the site, such as woodlands or wetlands?
(2) Other required approvals.
(a) 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 chapter 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.
(b) Any use or development proposed as part of an offer of conditions that would require a variance under the terms of this chapter 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.
(c) Any use or development proposed as part of an offer of conditions that would require site plan approval under the terms of this chapter may only be commenced if site plan approval for such use or development is ultimately granted in accordance with the terms of this chapter.
(C) 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 conditional rezoning is requested.
(2) 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.
(3) For a request to be considered for a conditional rezoning, the following items shall be submitted to the village:
(a) An application on a form provided by the village and any applicable fees;
(b) A written proposal explicitly describing the proposed conditional rezoning; and
(c) A conceptual site plan that includes all of the following items:
1. The applicant’s name, address and telephone number;
2. Scale, north arrow and dates of submission and revisions;
3. Zoning classification of applicant’s property and all abutting parcels;
4. Existing lot lines, building lines, structures, parking areas, driveways and other improvements on the property and within 100 feet of the property;
5. Proposed lot lines and lot dimensions, and general layout of proposed structures, parking area, driveways and other improvements proposed for the property;
6. Dimensions, centerlines and right-of-way widths of all abutting streets and alleys;
7. Location of existing drainage courses, floodplains, lakes and streams, wetlands and woodlands;
8. All existing and proposed easements;
9. Location of sanitary sewer or septic systems, existing and proposed;
10. Location and size of water mains, well sites and building service, existing and proposed; and
11. A conceptual plan showing the specific proposed use(s) of the property.
(D) Conditional rezoning application submission procedures.
(1) Pre-application conference.
(a) Prior to filing an application for a conditional rezoning, the applicant must informally meet with the Zoning Administrator, and other representatives as deemed necessary by the village, to discuss the proposed development.
(b) 1. 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 village. The applicant must present a conceptual plan for the contemplated conditional rezoning at or before the pre-application conference.
2. Any and all statements made by the village employees, attorneys, agents or representatives at the pre-application conference have no legal force and are not legally binding promises, commitments or contracts.
(2) Completeness review. Upon receipt of an application to amend this chapter, the Zoning Administrator shall review the application to confirm all required material has been submitted. The Zoning Administrator shall notify the applicant of any outstanding items.
(3) Technical review. Prior to Planning Commission consideration, the proposed amendment and application materials shall be distributed to appropriate village officials for review and comment. The Zoning Administrator may also submit the application materials to designated village consultants for review.
(E) Conditional rezoning application review. Complete conditional rezoning applications shall be reviewed following the procedures outlined below:
(1) Public hearing. The Planning Commission shall set and hold a public hearing for all proposed conditional rezoning requests in accordance with the procedures in § 153.309.
(2) Planning Commission review and recommendation. After the public hearing and consideration of the standards for conditional rezoning set forth in this section, the Planning Commission may recommend to the Village Council approval as presented or denial of the conditional rezoning.
(3) Village Council review. After receipt of the Planning Commission’s recommendation, the Village Council shall review the Planning Commission’s recommendation consistent with the standards of this section 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 Village Council shall refer such proposed additional or different conditions to the Planning Commission for review and recommendation within a time specified by the Village Council, and the Village Council shall then proceed to deny or approve the conditional rezoning.
(4) 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 Village Council provided that, if such withdrawal occurs subsequent to the Planning Commission’s public hearing on the original conditional 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.
(F) Approval. If the Village 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 standards of this section. The statement of conditions shall be incorporated by attachment or otherwise as an inseparable part of the ordinance codified in this chapter adopted by the Village Council to accomplish the requested conditional rezoning. The statement of conditions shall:
(1) Be prepared in a form recordable with the 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, unless the property is rezoned pursuant to division (J) below;
(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 Village 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 County Register of Deeds within 45 days after approval of the conditional rezoning. The owner shall provide the village with a recorded copy of the statement of conditions within 45 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.
(1) 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.
(2) Any failure to comply fully with the conditions contained within the statement of conditions shall constitute a violation of this chapter and be punishable accordingly.
(3) 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.
(1) The approved development and/or use of the land pursuant to building and other required permits must be commenced upon the land within 18 months after the effective date by publication of the conditional rezoning, and must thereafter proceed diligently to completion.
(2) This time limitation may, upon written request, be extended an additional 18 months by the Village Council if:
(a) It is demonstrated to the Village 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
(b) The Village 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 in this section, then the land shall revert to its former zoning classification as set forth in M.C.L.A. § 125.3405(2).
(J) Subsequent rezoning of land.
(1) 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 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.
(2) Upon the owner’s written request, the Village Clerk shall record with the 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 This section, or during any extension thereof granted by the Village Council, the village 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) Village right to rezone. Nothing in the statement of conditions or in the provisions of this section shall be deemed to prohibit the village 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 chapter and the Michigan Zoning Enabling Act. (Public Act 110 of 2006, as amended).
(M) Failure to offer conditions. The village 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 chapter.
(Ord. 160, passed 4-21-2022)