(A) If City Council finds the rezoning request and offer of conditions acceptable, the offered 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 adopted by Council to accomplish the requested rezoning.
(B) The Statement of Conditions shall:
(1) Be in a form recordable with the Register of Deeds of the County in which the subject land is located or, in the alternative, be accompanied by a recordable affidavit or memorandum prepared and signed by the owner giving notice of the Statement of Conditions in a manner acceptable to City Council.
(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 or reference any diagram, plans or other documents submitted or approved by the owner that are necessary to illustrate the implementation of the Statement of Conditions. If any such documents are incorporated by reference, the reference shall specify where the document may be examined.
(5) Contain a statement acknowledging that the Statement of Conditions or an affidavit or memorandum giving notice thereof may be recorded by the city with the Register of Deeds of the county in which the land referenced in the Statement of Conditions is located.
(6) Contain the notarized signatures of all of the owners and accessory parties of the subject land, including all known potential buyers, preceded by a statement attesting to the fact that they voluntarily offer and consent to the provisions contained within the Statement of Conditions.
(C) 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 Statement of Conditions. The City Clerk shall maintain a listing of all lands rezoned with a Statement of Conditions.
(D) 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 Statement of Conditions.
(E) The approved Statement of Conditions, affidavit, or memorandum giving notice thereof shall be filed by the city for recording with the Wayne County Register of Deeds.
(Ord. 06-001, passed 8-29-05)