(a) Intent. The City recognizes that, in certain instances, it would be advantageous to both Wayne and to a property owner seeking rezoning, if the property owner proposes certain conditions and limitations as part of their rezoning petition. Therefore, the City provides a process consistent with the provision of Section 405 of the Michigan Zoning Enabling Act (PA 110 of 2006), as amended, to permit property owners to offer conditions regarding a use and/or development of land as part of the rezoning request. A conditional rezoning is intended to accomplish, among other things, the objectives of the Zoning Code and the Master Plan.
(b) Definitions. The following definitions apply in the interpretation of this section:
(1) “Applicant” means the property owner, or a person acting with the written and signed authorization of the property owner to make application under this section.
(2) “Conditional rezoning agreement” (CRA) means a written agreement approved and executed by the City and property owner setting forth the conditions attached to the rezoning pursuant to Michigan Zoning Enabling Act (PA 110 of 2006), as amended, and any other terms mutually agreed upon by the parties relative to land for which the City has approved a conditional rezoning.
(3) “Conditional rezoning plan” means a plan of the property, which is the subject of a conditional rezoning, with conditions, prepared by a Michigan licensed civil engineer or architect, that may show the location, size, height, design, architecture, or other feature for and/or of buildings, structures, improvements, and features on, and in some cases adjacent to, the property. The details to be offered for inclusion within the conditional rezoning plan are determined by the applicant, subject to approval of the City Council after recommendation by the Planning Commission.
(4) “Rezoning conditions” means conditions regarding the development and use of property proposed by the applicant and approved by the City.
(5) “Rezoning” means the amendment of this Zoning Code to change the Zoning Map classification on property from its existing district to a new district classification.
(c) Authorization and Eligibility.
(1) The standards of this section grant an applicant the option of voluntarily proposing conditions for the development and use of property in connection with a submission of a rezoning petition. Such conditions may be proposed at the time the application for rezoning is filed, or at a subsequent point in the process of review of the proposed rezoning.
(2) To be eligible for consideration, an applicant must propose a rezoning of property to a new zoning district classification, and must, as part of such proposal, voluntarily offer certain site-specific conditions (to be set forth in a conditional rezoning agreement) that are stricter or limiting than the regulations that would apply to the land under the proposed new zoning district. Such conditions may include, but are not limited to, the following:
A. The location, size, height, or other measure for and/or of buildings, structures, improvements, setbacks, landscaping, buffers, design, architecture, and other physical features of the proposed development.
B. Specification of maximum density or intensity of development and/or use (i.e., units per acre, maximum usable floor area, or hours of operation).
C. Preservation of open space and/or natural features.
D. Improvements to address traffic issues, including paving, and/or substantial improvements to or funding of improvements to roads to the benefit of the entire City.
E. Site improvements such as signage, lighting, landscaping, and exterior building materials, above and beyond what would otherwise be required.
F. Limitations on permissible uses of the property.
G. Any other conditions that are voluntarily proposed by the applicant.
(d) Review Criteria. A conditional rezoning may only be approved if it meets the following criteria:
(1) Furthers the goals and objectives of the Master Plan.
(2) The use of the subject property is in conformity with all regulations governing development and use within the proposed zoning district, including, without limitation, permitted uses, lot area and width, setbacks, height limits, buffers, open space, and density; provided, however, the following apply:
A. Development and use of the property is subject to the more restrictive requirements shown or specified in the conditional rezoning agreement and supersedes all inconsistent regulations otherwise applicable under the Zoning Code.
B. City Council is authorized to grant modifications to the strict terms of the Zoning Code governing dimensional requirements on the property; provided, such authorization to grant modifications is conditioned upon the City Council finding that each Zoning Code provision sought to be modified will result in an enhancement of the development that is in the public interest, and that approving the modification is consistent with the Master Plan and with the surrounding area.
(3) Results in an enhancement to the subject area, as compared to the existing zoning, and that such enhancement would be unlikely to be achieved or would not be assured in the absence of the use of a conditional rezoning.
(4) As compared to the existing zoning and considering site-specific conditions and/or the proposed land uses, it is in the public interest to grant a conditional rezoning. In determining whether a proposed application is in the public interest, the benefits which would reasonably be expected to accrue from the proposal must be balanced against and be found to clearly outweigh the reasonably foreseeable detriments, taking into consideration best practices in planning, engineering, environmental and other principles.
(5) Public services are available and capable of serving the proposed development that will occur as a result of the conditional rezoning without negatively impacting the delivery of public services to other properties in Wayne, or the conditions ensure that public services are sufficient to serve both the site and other Wayne properties.
(6) The offered condition(s) are likely to be enforceable.
(7) Does not have the same effect as a use variance.
(8) Does not relieve the applicant of the responsibility of securing any applicable site plan, plat, or condominium approvals. Special land use approvals, if permitted as part of the CRA, do not have to be separately considered, noticed, and approved.
(e) Effect of Approval.
(1) Approval of the conditional rezoning confirms only the rezoning of the property, subject to any conditions reflected in the conditional rezoning agreement. Any applicable site plan, plat, condominium, or variance approvals is required before any improvements to the property may be undertaken.
(2) If approved, the zoning district classification of the subject property must consist of the district to which the property has been rezoned, accompanied by a reference to “CR, Conditional Rezoning”. The Zoning Map must specify the new zoning district, plus a reference to “CR”. Use of the property so classified and approved must comply with the conditions set forth in the CRA. No development or use of the land inconsistent with the CRA is permitted.
(f) Compliance.
(1) Any person who establishes a development or commences a use upon land that is conditional rezoned must continuously operate and maintain the development or use in compliance with all of the conditions set forth in the conditional rezoning agreement. Failure to comply constitutes a violation of this Zoning Code and deemed a nuisance per se and subject to judicial abatement as provided by law.
(2) No permit or approval may be granted under this Zoning Code for any use or development that is contrary to an applicable conditional rezoning agreement.
(g) Period of Approval.
(1) Conditional rezoning approval expires one-year from the effective date of the rezoning, unless substantial progress towards obtaining site plan and other required approvals has been made and expires two-years from the effective date of the rezoning, unless development of the property is substantially started and proceeds diligently and in good faith as required by the Zoning Code to completion.
(2) In the event substantial progress towards obtaining site plan and other required approvals has not commenced within one-year and bona fide development has not commenced within two-years from the effective date of the rezoning, the conditional rezoning and agreement is void and of no effect.
(3) The applicant may apply for a one-year extension. The request must be submitted to the City in writing before the approval time limit expires. The applicant must demonstrate why an extension should be granted and that there is a strong likelihood that the development or use will commence within the period of extension and proceed diligently to completion. An extension request may be considered by City Council following a recommendation by the Planning Commission. An extension request may be considered up to one additional year by the Planning Department.
(4) If the conditional rezoning becomes void in the manner provided in this section, the following procedures apply:
A. The applicant may seek a new rezoning of the property within thirty-days of the expiration of the period of approval.
B. If no application is made for a new rezoning of the property, the land reverts to its former zoning classification.
(h) Conditional Rezoning Agreement Requirements. A CRA must be executed between the applicant and the City at the time of City Council approval, and at a minimum, contain the following:
(1) Identification of the requested zoning district and a listing of the conditions offered by the applicant.
(2) A statement acknowledging that the conditional rezoning was proposed by the applicant, and further agreement and acknowledgment that the conditions and agreement are authorized by all applicable state and federal law and constitution, and that the agreement is valid and was entered into on a voluntary basis and represents a permissible exercise of authority by the City.
(3) Agreement and understanding that the subject property cannot be developed or used in a manner inconsistent with the CRA.
(4) Agreement and understanding that the approval and CRA is binding upon and to the benefit of the property owner and City, and their respective heirs, successors, assigns, and transferees.
(5) The date upon which the conditional rezoning becomes void. If the City Council grants an extension of approval, a new conditional rezoning agreement with the new expiration date must be recorded.
(6) Agreement and understanding that each of the requirements in the CRA 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 conditional rezoning, taking into consideration the changed zoning district classification and the specific use authorization granted.
(7) A legal description of the subject property.
(8) Development regulations impacted by the conditional rezoning, including but not limited to density, setbacks, height, site coverage, signs, parking, architecture, etc.
(9) Revocation of approval provisions returning the property to its original zoning designation if the applicant violates the terms of the conditional rezoning agreement.
(10) A conditional rezoning plan may be included as an exhibit to the agreement and may show the conceptual layout of the proposed development or use, along with any other information deemed relevant by the applicant. Inclusion of such a plan as an exhibit shall not replace the requirement for site plan, subdivision, condominium, or variance review and approval.
(i) Amendment of a Conditional Rezoning Agreement. Amendment of a CRA must be submitted, reviewed, and approved in the same manner as a new conditional rezoning application.
(j) Recordation of a Conditional Rezoning Agreement. A conditional rezoning becomes effective following publication in the manner provided by law, and, after recordation of the conditional rezoning agreement with the Wayne County Register of Deeds.
(k) Termination. City Council is the only body with the authority to terminate a CRA. The consideration to terminate the agreement must be for reasons of expiration of the agreement, discovery of false information upon which the initial approval was based, or the existence or discovery of new information that alters the viability of the approved rezoning. The termination must comply with any applicable provisions of this Zoning Code and/or the CRA.
(Ord. 2023-01. Passed 2-7-23.)