(A) General. The Township Board may amend this chapter and the boundaries of zoning districts shown on the Zoning District by ordinance of the Township Board in accordance with the applicable zoning enabling legislation of the state.
(B) Initiation of amendments. Proposals for amendments, supplements or changes may be initiated by the Township Board of its own action, by the Planning Commission or by petition of one or more owners, or their agents, of property to be affected by the proposed amendment.
(C) Amendment procedures.
(1) Petition to Township Board. Each petition by one or more owners, or their agents, for an amendment shall be submitted upon an application of standard form to the Township Clerk. A fee as established by the Township Board shall be paid at the time of application to cover costs of necessary advertising, for public hearings and investigation of the amendment request. The Clerk shall transmit the application to the Planning Commission for recommended action.
(2) Recommendation. The Planning Commission shall consider each proposal for amendment in terms of its own judgment on particular factors related to the individual proposal and in terms of the likely effect of the proposal upon the master plan for the community. The Planning Commission may recommend any additions or modifications to the original amendment petition.
(3) Public hearing. Notices shall be given in accordance with § 155.385.
(4) County Metropolitan Planning Commission. Following the conclusion of the Public Hearing, the Planning Commission shall submit the proposed amendments, including any zoning district map, to the County Metropolitan Planning Commission for its review and recommendation. The recommendation of the County Planning Commission shall be conclusively presumed unless the Commission shall within 30 days of its receipt, have notified the Township Board of its disapproval or approval.
(5) Township Board.
(a) Upon receipt of the Planning Commission's, together with the County Planning Commission's, recommendation, the Township Board shall review the recommendations.
(b) If the Township Board shall deem any amendments, changes, additions or departures are advisable to the proposed ordinance amendment recommended by the Planning Commission, it shall refer the same back to the Planning Commission for a report thereon within a time specified by the Township Board.
(c) After receiving the proposed amendment recommendations heretofore specified, the Township Board shall grant a hearing on the proposed amendment to any property owner who has filed a written request to be so heard and shall request the Planning Commission to attend the hearing. Thereafter, the Township Board may deny, or adopt the amendment with or without any changes.
(6) Re-submittal. No application for a rezoning which has been denied by the Township Board shall be resubmitted for a period of one year from the date of the last denial, except on grounds of newly discovered evidence or proof of changed conditions found upon inspection by the Township Board to be valid.
(D) Conditional rezoning (CR).
(1) Intent. The Planning Commission and Township Board have recognized that, in certain instances, it would be advantageous to both the township and property owners seeking rezoning if a plan, along with conditions and limitations that may be relied upon by the township, could be proposed as part of a petition for rezoning. Therefore, it is the intent of this division (D) to provide an election to property owners in connection with the submission of petitions seeking the amendment of this division (D) for approval of a rezoning with conditions, per Public Act 110 of 2006, as amended.
(2) Definitions. For purposes of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
REZONING CONDITIONS
. Conditions proposed by the applicant and approved by the township as part of an approval under this section, including review and recommendation by the Planning Commission, which shall constitute regulations in connection with the development and use of property approved with a rezoning condition in conjunction with a rezoning. Such rezoning conditions shall not authorize uses or developments of greater intensity or density and which are not permitted in the district proposed by the rezoning (and shall not permit uses or development expressly or implicitly prohibited in the conditional rezoning agreement), and may include some or all of the following:
1. The location, size, height or other measure for and/or of buildings, structures, improvements, setbacks, landscaping, buffers, design, architecture, and other features shown on the CR Plan.
2. 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 without 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 drainage/water quality.
5. Facilities to address traffic issues.
6. Preservation of open space.
7. A written understanding for permanent maintenance of natural resources, features, and/or facilities to address drainage/water quality, traffic, open space and/or other features or improvements; and, provision for authorization and finance of maintenance by or on behalf of the township in the event the property owner(s) fail(s) to timely perform after notice.
8. Signage, lighting, landscaping, and/or building materials for the exterior of some or all structures.
9. Permissible uses of the property.
10. Protection of township land from annexation.
11. Preservation of historic farms, barns and other buildings to preserve the history of the township.
12. Donation of land for open space, using a land conservancy or other means, to protect the open space for future generations.
13. Paving, making substantial improvements to, or funding of improvements to major township roads where the entire township benefits.
14. Construction and/or donation of community buildings where the need has been identified and defined by the township.
15. Preservation of a rural view shed which is an undeveloped area adjacent to the road right-of-way, having a depth of at least 200 feet, where existing natural features, such as wetlands, woodlands, hedgerows, undulating landforms, and scenic vistas, are preserved and incorporated into the landscape.
16. Provide usable and contiguous open space amounting to at least 40% of the site, using the concept of clustering.
17. Added landscaping, above and beyond what is required by township ordinance.
18. Reclamation and re-use of land, where previous use of land causes severe development difficulties, or has caused blight.
19. Installation of streetscape on an arterial road, beyond what is required by ordinance, and where compatible with township guidelines concerning trees, streetlights, and landscaping.
20. Drain and drainage improvements, beyond what is required by ordinance, using best management practices.
21. Providing monuments or other landmarks to identify township boundaries.
22. Such other conditions as deemed important to the development by the applicant.
CONDITIONAL REZONING (CR) AGREEMENT.
A written agreement approved and executed by the township and property owner, incorporating a CR Plan, and setting forth rezoning conditions, conditions imposed pursuant to Public Act 110 of 2006, as amended, and any other terms mutually agreed upon by the parties relative to land for which the township has approved a rezoning with rezoning conditions. Terms of the CR Agreement shall include agreement and understanding of the following:
1. That the rezoning with rezoning conditions was proposed by the applicant to induce the township to grant the rezoning;
2. That the township relied upon such proposal and would not have granted the rezoning but for the terms spelled out in the CR Agreement;
3. That the conditions and CR Agreement are authorized by all applicable state and federal laws and constitutions;
4. That the CR Agreement is valid and was entered into on a voluntary basts, and represents a permissible exercise of authority by the township;
5. That the property in question shall not be developed or used in a manner inconsistent with the CR Plan and CR Agreement;
6. That the approval and CR Agreement shall be binding upon and inure to the benefit of the property owner and township, and their respective heirs, successors, assigns, and transferees;
7. That, if a rezoning with rezoning conditions becomes void in the manner provided in this section, no development shall be undertaken or permits for development issued until a new zoning district classification of the property has been established;
8. That each of the requirements and conditions in the CR Agreement represents a necessary and reasonable measure which, when considered with all other conditions and requirements, is roughly proportional to the increased impact created by the use represented in the approved rezoning with rezoning conditions, taking into consideration the changed zoning district classification and the specific use authorization granted.
CONDITIONAL REZONING (CR) PLAN.
A plan of the property which is the subject of a rezoning with rezoning conditions, prepared by a licensed civil engineer or architect, that may show the location, size, height, design, architecture or other measure or feature for and/or buildings, structures, improvements and features on, and in some cases adjacent to, the property. The details to be offered for inclusion within the CR Plan shall be determined by the applicant, subject to approval of the Township Board after recommendation by the Planning Commission.
(3) Authorization and eligibility.
(a) Application. A property owner shall have the option of making an election under this section in conjunction with a submission of a petition seeking a rezoning. Such election may be made at the time of the application for rezoning is filed, or at a subsequent point in the process of review of the proposed rezoning. The election shall be made by filing an application conforming with this section for approval of a conditional rezoning that would establish site-specific use authorization if the petition for rezoning is granted. Such election shall be to seek a rezoning with rezoning conditions pursuant to Public Act 110 of 2006, as amended, which would represent a legislative amendment of the zoning ordinance.
(b) Site specific regulations. In order to be eligible for the proposal and review of a rezoning with rezoning conditions, a property owner must proposed a rezoning of property to a new zoning district classification, and must, as part of such proposal, voluntarily offer certain site-specific regulations (to be set forth on a CR Plan and in a CR Agreement to be prepared) which are, in material respects, equally or more strict or limiting than the regulations that would apply to the land under the proposed new zoning district, such as set forth in divisions 1. through 22. of the definition of
REZONING CONDITIONS
above.
(4) Required application information.
(a) A CR Plan, as defined in division (D)(2) above. The CR Plan shall not replace the requirement for site plan review and approval, special land use approval, or subdivision or condominium approval, as the case may be.
(b) Statement of rezoning conditions, as defined in division (D)(2) above. Rezoning conditions shall not authorize uses or development not permitted in the district proposed by the rezoning (and shall not permit uses or development expressly or implicitly prohibited in the CR Agreement).
(c) A CR Agreement, as defined in division (D)(2) above. The CR Agreement shall be prepared by the applicant (or designee) and approved by the Township Attorney. The CR Agreement shall incorporate the CR Plan and set forth the rezoning conditions, together with any other terms mutually agreed upon by the parties (including the minimum provisions specified in the definition of CR Agreement, above).
(5) Review and approval criteria. The applicant shall have the burden of demonstrating that the following requirements and standards are met by the CR Plan, Rezoning Conditions, and CR Agreement:
(a) Enhancement of the project area. Approval of the application shall accomplish, among other things, and as determined in the discretion of the Township Board, the integration of the proposed land development project with the characteristics of the project area, and result in an enhancement of the project area as compared to the requested zoning change, and such enhancement would be unlikely to be achieved or would not be assured in the absence of the use of a conditional rezoning.
(b) In the public interest. Sufficient conditions shall be included on and in the CR Plan and CR Agreement on the basis of which the Township Board concludes, in its discretion, that, as compared to the existing zoning and considering the site specific land use proposed by the applicant, it would be in the public interest to grant the rezoning with rezoning conditions; provided, in determining whether approval of a proposed application would be in the public interest, the benefits which would reasonably be expected to accrue from the proposal shall be balanced against, and be found to clearly outweigh the reasonably foreseeable detriments thereof, taking into consideration reasonably accepted planning, engineering, environmental and other principles, as presented to the Township Board, following recommendation by the Planning Commission, and also taking into consideration the special knowledge and understanding of the township by the Township Board and Planning Commission.
(6) Review process.
(a) Pre-application meeting. Prior to the time of making application for a conditional rezoning, the applicant shall schedule a pre-application submission meeting with the Township Manager, the Township Planner, the Township Engineer, the Township Building Official, the Township Attorney, or their designees, for a preliminary review of the application for conditional rezoning and so that the applicant has a thorough understanding of the process. The applicant shall pay the township's costs and expenses incurred for this meeting.
(b) Offer of conditions. At the time of making application for amendment of this division (D) seeking a rezoning of property, or at least a later time during the process of township consideration of such rezoning, a property owner may submit an application for approval of a conditional rezoning to apply in conjunction with the rezoning.
(c) Application. The application, which may be amended during the process, shall include a CR Plan proposed by the applicant and shall specify the rezoning conditions proposed by the applicant, recognizing that rezoning conditions shall not authorize uses or development not permitted in the district proposed by the rezoning.
(d) Notice of public hearing. The proposed rezoning with rezoning conditions, together, shall be noticed for public hearing before the Planning Commission as a proposed legislative amendment to the zoning ordinance in accordance with § 155.385.
(e) Planning Commission recommendation. Following the public hearing and further deliberations as deemed appropriate by the Planning Commission, the Planning Commission shall make a recommendation to the Township Board on the proposed rezoning with rezoning conditions.
(f) Township Board action. Upon receipt of the recommendation of the Planning Commission, the Township Board shall commence deliberations on the proposed rezoning with rezoning conditions. If the Township Board determines that it may approve the rezoning with rezoning conditions, the Township Board shall specify tentative conditions and direct the Township Attorney to work with the applicant in the finalization of the proposed CR Agreement.
(7) Zoning map designation. If approved, the zoning district classification of the rezoned property shall consist of the district to which the property has been rezoned, accompanied by a reference to "CR Conditional Rezoning". The zoning map shall specify the new zoning district plus a reference to "CR" (for example, the district classification for the property might be B-3 General Intensive Commercial with CR, Conditional Zoning, with a zoning map designation of B-3/CR) and use of the property so classified and approved shall be restricted to the permission granted in the CR Agreement, and no other development or use shall be permitted.
(8) Use of property.
(a) Generally. The use of the property in question shall, subject to division (D)(8)(b) below, be in total conformity with all regulations governing development and use within the zoning district to which the property has been rezoned, including, without limitation, permitted uses, lot sizes, setbacks, height limits, required facilities, buffers, open space areas, and land use density.
(b) Development subject to conditional rezoning requirements. Development and use of the property shall be subject to the more restrictive requirements shown or specified on the CR Plan, and/or in the other conditions and provisions set forth in the CR Agreement, required as part of the conditional rezoning approval, and such CR Plan and conditions and CR Agreement shall supersede all inconsistent regulations otherwise applicable under the zoning ordinance.
(9) Recordation of CR Agreement. A rezoning with rezoning conditions shall become effective following publication in the manner provided by law and after recordation of the CR Agreement with the County Register of Deeds, whichever is later.
(10) Amendment to CR Agreement. Amendment of a CR Agreement shall be proposed, reviewed and approved in the same manner as a new rezoning with rezoning conditions.
(11) Expiration. Unless extended by the Township Board for good cause, the rezoning with rezoning conditions shall expire following a period of two years from the effective date of the rezoning unless construction on the development of the property pursuant to the required permits issued by the township commences within such two-year period and proceeds diligently and in good faith as required by ordinance to completion.
(a) Extension of approval. In the event the development has not commenced, as defined above, within two years from the effective date of the rezoning, the conditional rezoning and the CR Agreement shall be void and of no effect. The property owner may apply to the Township Board for a one-year extension one time. The request must be submitted to the Township Clerk before the two-year time limit expires. The property owner must show good cause as to why the extension should be granted.
(b) Violation of the CR Agreement. If development and/or actions are undertaken on or with respect to the property in violation of the CR Agreement, such development and/or actions shall constitute a nuisance per se. In such cases, the township may issue a stop work order relative to the property and seek any other lawful remedies. Until curative action is taken to bring the property into compliance with the CR Agreement, the township may withhold, or following notice, revoke permits and certificates, in addition to or in lieu of such other lawful action to achieve compliance.
(c) Township action upon expiration. If the rezoning with rezoning conditions becomes void in the manner provided in above, then the township shall rezone the property to its former zoning classification in accordance with the zoning ordinance procedures. Until such a time as a new zoning district classification of the property has become effective, no development shall be undertaken or permits for development issued.
(12) Performance guarantee. To guarantee performance and to ensure the township does not bear any costs associated with non-performance, the property owner must submit a letter of credit or cash deposit upon making application for conditional rezoning in an amount specified in the township Fee Schedule.
(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006; Ord. 13-10, passed 11-26-2013)