The village recognizes that, under certain instances, it may be to the village's and the landowner's advantage to consider rezoning of certain lands if the application is accompanied by a site plan and subject to certain conditions. Accordingly, it is the intent of this section to provide a conditional rezoning option to landowners in accordance with the provisions of the Michigan Zoning Enabling Act, P.A. 110 of 2006, as amended.
(A) Eligibility. An applicant shall have the option of seeking conditional rezoning in connection with submission of an application seeking rezoning. To be eligible for review as a conditional rezoning, the applicant must own the land in question or must have an interest in the property such as a lease or an agreement in principle to purchase the property. If the applicant is not the landowner, they must submit written consent from the landowner for the property to be the subject of the application. The applicant shall, as part of an application for rezoning of land to a new zoning district classification, voluntarily offer certain site-specific regulations or conditions that are equally or more restrictive than the regulations of this chapter for the proposed zoning district.
(B) Application requirements. A conditional rezoning amendment shall be initiated by submission of a complete application and site plan to the village, along with the required fee established by Village Council.
(1) General information. In the case of any amendment to the official Zoning Map, the following information shall accompany the application and fee:
(a) A legal description and street address of the subject land, together with a survey and location map identifying the subject land in relation to surrounding properties.
(b) The name, address, and contact information (phone, email, etc.) of the applicant.
(c) The name and address of the landowner, and a statement of the applicant's interest in the subject land, if not the owner in fee simple title.
(d) Written consent by the landowner for the property to be the subject of the application.
(e) The existing and proposed zoning district designation of the subject land and surrounding properties.
(f) A written description of how the requested amendment meets the criteria stated in this section.
(2) Additional information for a conditional rezoning application. The conditional rezoning application shall include the following additional information:
(a) Conditional rezoning site plan. The applicant shall provide a conditional rezoning site plan, including all required information in Section 9.1.5. The site plan shall be approved or denied along with the conditional rezoning.
(b) Rezoning conditions. The applicant, subject to the following, shall propose rezoning conditions in writing. Such rezoning conditions shall not:
1. Authorize uses or development of greater intensity or density than are permitted in the district proposed by the rezoning.
2. Authorize uses or development expressly or implicitly prohibited in the district proposed by the rezoning.
(C) Review and approval procedures. The review and approval process shall be the same as for rezoning amendments without conditions, as described in § 153.142.
(D) Conditional rezoning agreement. The applicant shall prepare a proposed conditional rezoning agreement. The proposed agreement shall incorporate the conditional rezoning plan proposed by the applicant, and shall set forth the rezoning conditions and any other terms mutually agreed upon by the parties relative to the land subject to the proposed conditional rezoning.
(1) Contents and terms. A conditional rezoning agreement shall include the following terms:
(a) Agreement and acknowledgment that the conditional rezoning was proposed by the applicant to induce the village to grant the rezoning, and that the village relied upon such proposal and would not have granted the rezoning but for the terms in the conditional rezoning agreement.
(b) Agreement and acknowledgment that the conditions and conditional rezoning agreement are authorized by all applicable state and federal laws and constitution, and that the conditional rezoning agreement is valid and was entered into on a voluntary basis, representing a permissible exercise of authority by the village.
(c) Agreement and understanding that the land in question shall not be developed or used in a manner that is inconsistent with the conditional rezoning plan and conditional rezoning agreement.
(d) Agreement and understanding that the approval and conditional rezoning agreement shall be binding for an agreed upon amount of time, or inure to the benefit of the landowner and the village, and their respective heirs, successors, assigns, and transferees in perpetuity.
(e) Agreement and understanding that, if a conditional zoning becomes void in the manner provided in this section, no development shall be undertaken or permits for development issued until the underlying zoning district classification of the land has been re-established by resolution of the Village Council.
(f) Agreement and understanding that each of the requirements and conditions in the conditional rezoning 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 conditional rezoning, taking into consideration the changed zoning district classification and the specific use authorization granted.
(2) Effective date and recording of conditional rezoning agreement. A conditional rezoning shall become effective following both publication in the manner provided by law and recording of the conditional rezoning agreement with the Oakland County Register of Deeds office by the applicant with proof of recording given to the Clerk's Office.
(3) Amendment of conditional rezoning agreement. Amendment of a conditional rezoning agreement shall be proposed, reviewed, and approved in the same manner as a new conditional rezoning application.
(4) Expiration of conditional rezoning agreement. The conditional rezoning approval shall expire following a period of one year from the effective date of the rezoning unless:
(a) Approved development of the land commences within such one year period and proceeds diligently and in good faith as required by ordinance to completion; or
(b) The rezoning is extended for good cause by the Village Council.
(E) Approval criteria. The applicant shall have the burden of demonstrating that the following requirements and standards are met by the conditional rezoning plan, rezoning conditions, and conditional rezoning agreement:
(1) Enhancement of the project area. The Planning Commission shall determine that approval of the conditional rezoning shall:
(a) Accomplish the integration of the proposed land development project with the characteristics of the project area; and
(b) Result in an enhancement of the project area that would be unlikely to be achieved or would not be assured without the use of conditional rezoning.
(2) In the public interest.
(a) The Planning Commission shall determine that, in considering the site specific land use proposed by the applicant, sufficient conditions have been included in the conditional rezoning plan and conditional rezoning agreement so that the public interest would be served by granting the conditional rezoning.
(b) In determining whether approval of a proposal would be in the public interest, the benefits that would be reasonably 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 and factors.
(3) Other amendment considerations. In considering a conditional rezoning amendment, the Planning Commission and Village Council shall also consider the following factors:
(a) Consistency with the Master Plan's goals, policies, and future land use map, including planned timing or sequence of development. If conditions have changed since the Master Plan was adopted, the consistency with recent development trends in the area shall be considered.
(b) Compatibility of all potential uses allowed in the zoning district(s) under the proposed conditional rezoning with the site's physical, geological, hydrological, and other environmental features, including potential ground water contamination.
(c) Compatibility of all potential uses allowed in the zoning district(s) under the proposed conditional rezoning with surrounding uses, densities, and zoning in terms of suitability, intensity, traffic impacts, aesthetics, infrastructure and potential influence on property values.
(d) Capacity of available utilities and public services to accommodate all potential uses allowed in the zoning district(s) under the proposed conditional rezoning without compromising the health, safety, and welfare of village residents or burdening the village or Ingham County with unplanned capital improvement costs or other unplanned public expenses.
(e) Capability of the road system to safely and efficiently accommodate the expected traffic generated by all potential uses allowed in the zoning district(s) under the proposed conditional rezoning.
(f) The apparent demand for the types of potential uses allowed in the zoning district(s) under the proposed conditional rezoning in relation to the amount of land currently zoned and available in the village and surrounding communities to accommodate the demand.
(g) The boundaries of the proposed zoning district(s) in relationship to the surrounding area and the scale of future development on the site.
(h) The requested conditional rezoning will not create an isolated or incompatible zone in the area.
(i) Other factors deemed appropriate by the Village Council.
(F) Zoning district designation. If approved, the zoning classification of the rezoned land shall consist of the district to which the land has been rezoned accompanied by a reference to "CR" (Conditional Rezoning). For example, the Official Zoning Map designation for a conditional rezoning to the B-2 District would be "B-2/CR."
(G) Re-application. Whenever a conditional rezoning application has been rejected by the Village Council, a new application may be submitted, provided at least one of the following conditions is met:
(1) There is a substantial change in circumstances relevant to the issues or facts considered during review of the application.
(2) New or additional information is available that was not available at the time of the review.
(3) The new application is materially different from the prior application.
(4) At least 365 days have passed since the rejection of the previous application.
(H) Extension of conditional rezoning approval. In the event that a bona fide development has not commenced within two years from the effective date of the rezoning, the conditional rezoning and conditional rezoning agreement shall be void and of no effect.
(1) The Village Council may approve one extension of up to 365 calendar days, upon written request by the applicant or landowner received by the Village Clerk before the two year time limit expires.
(2) The applicant for an extension shall show good cause why the extension should be granted.
(I) Revert to former zoning. If the conditional zoning becomes void and of no effect, then by automatic reverter set forth in the Michigan Zoning Enabling Act, P.A. 110 of 2006, as amended, the land shall revert to its former zoning classification, which shall be confirmed by resolution of the Village Council.
(J) Change in use or ownership. Any change in use or ownership on a site subject to a conditional rezoning agreement shall require Planning Commission review and approval to confirm that the site will still be in compliance with the approved conditional rezoning agreement. This approval shall be in addition to any other approval required for the proposed changes on the site.
(Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021)