As an alternative to a rezoning amendment as described in § 151.220, the village may allow conditional rezoning to help ensure the proper use of land and natural resources, and to allow for a more flexible approach to the rezoning process in accordance with state law. It is recognized that, in certain instances, it would be an advantage to both the village and petitioners seeking rezoning of land, if a site plan, along with conditions and limitations that may be relied upon by the village, could be proposed as part of a petition for rezoning. Conditional rezoning of land must follow the standards and procedures as noted below.
(A) The amendment procedure for a conditional rezoning shall follow the same procedure as a traditional rezoning amendment pursuant to § 151.221.
(B) In addition to the procedures as noted in § 151.221, the following specific procedures, standards, and requirements apply to all proposed conditional rezoning requests.
(1) A conditional rezoning request must be voluntarily offered by an owner of land within the village. All offers must be made in writing, and must provide the specific conditions to be considered by the village as a part of the rezoning request. All offers shall be in the form of a written agreement, approvable by the village and property owner, incorporating the conditional rezoning site plan and setting forth any conditions and terms mutually agreed upon by the parties relative to the land for which the conditional rezoning is sought.
(2) Conditional rezoning shall not allow a use or activity that would not otherwise be allowed in the proposed zoning district.
(3) Conditional rezoning shall not alter any of the various zoning requirements for the use(s) in question, i.e., parking, landscaping, lot area, lot width, building height, setbacks, lot area coverage, and the like. Conditional rezonings shall not grant zoning variances of any kind. Any zoning variance must follow the provisions of § 151.208.
(4) Conditional rezoning shall not grant conditional land use approval. The process for review and approval of conditional land uses must follow the provisions of § 151.022.
(5) All conditions offered by a land owner in relation to a rezoning request must have a direct relationship to the rezoning itself. The provisions to allow conditional rezoning shall not be construed to allow rezoning by exaction.
(6) In addition to the informational requirements provided for in § 151.221, the applicant must provide a conditional rezoning site plan prepared by a licensed professional allowed to prepare such plans under this section, which may show the location, size, height or other measures for and/or of buildings, structures, improvements and features on, and in some cases adjacent to, the property that is the subject of the conditional rezoning of land. The details to be offered for inclusion in the conditional rezoning site plan shall be determined by the applicant, subject to approval of the village. A conditional rezoning site plan shall not replace the requirement under this section for site plan review and approval, or subdivision or site condominium approval, as the case may be.
(C) Time limits and reversion of land to previous district.
(1) If the proposed conditions of rezoning are acceptable to the village, the village may establish a time period during which the conditions apply to the property and must be met. If the conditions are not satisfied within the time specified under this section, the property shall revert to its former zoning classification, unless an extension is granted as noted below. Reversion of a property back to its former classification must follow the rezoning amendment provisions as provided in §§ 151.220 et seq.
(2) Unless a reversion of the zoning takes place as described in the division (C)(1) above, the approved conditional rezoning shall be binding upon the subject property owner, their heirs, successors, assigns, and transferees.
(3) Upon approval of a conditional rezoning, a copy of the written agreement between the property owner and village shall be filed with the Washtenaw County Register of Deeds, which shall act to provide notice to all subsequent owners of the property of the conditions approved and agreed to by the village.
(4) The village may not add to or alter any conditions approved as a part of a rezoning during the time period specified above.
(5) The time limits specified and approved by the village may be extended upon the application of the landowner and approval of the village.
(D) Review procedures. The factors found in § 151.223 section must be considered in any conditional rezoning request.
(E) Amendments required to conform to court decree. Any amendment for the purpose of conforming to a decree of a court of competent jurisdiction shall be adopted by the Village Council and published, without necessity of a public hearing.
(Ord. 254, passed 2-20-2006, § 13.6)