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Section 22.09

Conditional Rezoning

Conditional Rezoning. An applicant for a rezoning may voluntarily offer a Conditional Rezoning along with an application for rezoning before or following the public hearing for a proposed rezoning. An election to submit a Conditional Rezoning shall be pursuant to the Michigan Zoning Enabling Act (Public Act 110 of 2006), as amended, and this Section.
1. A Conditional Rezoning shall be a written agreement executed by the applicant and the Village, shall be in recordable form and shall be recorded with the Tuscola County Register of Deeds after execution.
2. A Conditional Rezoning may include limitations on the uses permitted on the property in question, specify lower or varying density or less intensity of development and use, or may impose more restrictive measures on the location, size, height, or other measure for buildings, structures, improvements, setbacks, landscaping, buffers, design, architecture and other features than would otherwise be provided in this Ordinance.
3. A Conditional Rezoning may not authorize uses or developments of greater intensity or density, or which are not permitted in a proposed zoning district; nor may a Conditional Rezoning permit variations from height, area, setback or similar dimensional requirements that are less restrictive than a proposed zoning district.
A Conditional Rezoning shall include conditions that bear a reasonable and rational relationship and/or benefit to the property in question. A Conditional Rezoning may include conditions related to the use and development of the property that are necessary to:

a. Serve the intended use of the property such as improvements, extension, widening, or realignment of streets, utilities, or other infrastructure serving the site. b. Minimize the impact of the development on surrounding properties and the Village overall. c. Preserve natural features and open space beyond what is normally required.

Content of Agreement. In addition to any limitations on use or development of the property or preservation of property features or improvements as described above, a Conditional Rezoning shall also include the following:
1. An acknowledgement that the Conditional Rezoning was proposed voluntarily by the applicant.
2. An agreement and understanding that the property shall not be developed or used in any manner that is not consistent with a Conditional Rezoning.
3. An agreement and understanding that the approval of a rezoning and a Conditional Rezoning shall be binding upon and inure to the benefit of the property owner and the Village, and their respective heirs, successors, assigns, receivers or transferees.
4. An agreement and understanding that, if a rezoning with a Conditional Rezoning becomes void for any reason including, but not limited to, reasons identified in this Section, then no further development shall take place and no permits shall be issued unless and until a new zoning district classification for the property has been established.
5. An agreement and understanding that no part of a Conditional Rezoning shall permit any activity, use, or condition that would otherwise violate any requirement or standard that is otherwise applicable in the new zoning district.
6. A legal description of the land to which the agreement pertains.
7. Any other provisions as are agreed upon by the parties.
Process. A Conditional Rezoning shall be reviewed concurrently with a petition for rezoning following the process in Section 22.01., Application Procedure and the following: a. A Conditional Rezoning may be submitted prior to or following the Planning Commission public hearing. If the agreement is submitted following the Planning Commission public hearing, it must be reviewed by Planning Commission and a second public hearing shall be held prior to the Planning Commission making its recommendation on the rezoning and Conditional Rezoning to the Village Council. A Conditional Rezoning shall be reviewed by the Village Attorney to determine that it conforms with the requirements of this Section, this Ordinance, and the

Michigan Zoning Enabling Act (Public Act 110 of 2006), as amended, and that the Conditional Rezoning is in a form acceptable for recording with the Tuscola County Register of Deeds.

Following a public hearing for a proposed zoning amendment, the Planning Commission shall make a recommendation to the Village Council based upon the criteria listed in Section 22.06., Criteria for Amendment of the Official Zoning Map (Rezoning). In addition, following a public hearing to consider a Conditional Rezoning, the Planning Commission shall consider and address in written findings whether a proposed Conditional Rezoning:
1. Is consistent with the intent of this Article.
2. Bears a reasonable and rational connection and/or benefit to the property being proposed for rezoning.
3. Is necessary to ensure that the property develops in such a way that protects the surrounding neighborhood.
4. Leads to a better development than would have been likely if the property had been rezoned without a Conditional Rezoning, or if the property were left to develop under the existing zoning classification.
5. Is clearly in the public interest.
If a Conditional Rezoning has been offered by the applicant and recommended for approval by the Planning Commission, the Village Council may approve a Conditional Rezoning as a condition to the rezoning if it meets all requirements of subsection 4 (b) above.
1. The Conditional Rezoning shall be incorporated by attachment or otherwise as an inseparable part of the ordinance adopted by the Village Council to accomplish the requested rezoning.
2. If a rezoning and Conditional Rezoning are approved, the zoning classification of the rezoned property shall consist of the district to which the property has been rezoned, plus a reference to the Conditional Rezoning. The Zoning Map shall specify the new district, plus a small letter “a” to indicate that the property is subject to a Conditional Rezoning (i.e., “CBD, a”). The Village Clerk shall maintain a listing of all properties subject to Zoning Agreements and shall provide copies of the Agreements upon request.
3. An approved Conditional Rezoning shall be recorded with the Tuscola County Register of Deeds.
4. Any uses proposed as part of a Conditional Rezoning that would otherwise require approval of a special land use or site plan approval shall be subject to the applicable review and approval requirements of Article 5, Division 3: Special Land Uses and Article 5, Division 1: Site Plan Review.

5) All other requirements of this Ordinance or any other Village ordinances shall apply to the property to which a Conditional Rezoning applies.

Expiration
1. Unless extended by the Village Council for good cause, a rezoning and Conditional Rezoning shall expire two (2) years after adoption of the rezoning and Conditional Rezoning, unless substantial construction on the approved development of the property pursuant to building and other required permits issued by the Village commences within the two (2) year period and proceeds diligently to completion.
2. In the event that substantial construction on the approved development has not commenced within the aforementioned two (2) years, or if construction and development does not proceed diligently to completion thereafter, a Conditional Rezoning and rezoning shall be void and of no effect.
3. Should a Conditional Rezoning become void, all development on the subject property shall cease, and no further development shall be permitted. Until action satisfactory to the Village is taken to bring the property into compliance with this Ordinance, the Village may withhold or, following notice to the applicant and being given an opportunity to be heard, revoke permits and certificates, in addition to or in lieu of any other lawful action to achieve compliance.
4. Notwithstanding the above, if the property owner applies in writing for an extension of a rezoning and a Conditional Rezoning at least thirty (30) days prior to the expiration date, the Village Council may, in its sole discretion, grant an extension of up to one (1) year. Future extensions may be granted, although the number of previous extensions granted to a particular rezoning and Conditional Rezoning shall be considered by the Village Council.
Reversion of Zoning. If a rezoning and Conditional Rezoning become void as outlined above, then the zoning classification of the property shall revert back to its previous zoning classification. The reversion process shall be initiated by the Village Council by requesting that the Planning Commission proceed with consideration of rezoning of the land to its former zoning classification. The procedure for considering and making this reversionary rezoning shall be the same as applies to all other rezoning requests, including the notice and hearing as required by the Michigan Zoning Enabling Act (Public Act 110 of 2006), and this Ordinance. No building or other permit shall be issued or valid during the process described in this subsection.
Continuation. Provided that all development and/or use of the property in question is in compliance with a Conditional Rezoning, a use or development authorized there

under may continue indefinitely, provided that all terms of a Conditional Rezoning continue to be adhered to.

Amendment
1. During an initial two (2) year period, or during any extension granted by the Village as permitted above, the Village shall not add to or alter a Conditional Rezoning, even with the landowner’s consent.
2. A Conditional Rezoning may be amended after the expiration of an initial two (2) year period and any extensions, in the same manner as was prescribed for the original rezoning and Conditional Rezoning.
Violation of Agreement. Failure to comply with a Conditional Rezoning at any time after approval will constitute a breach of the agreement and also a violation of this Ordinance and further use of the property may be subject to legal remedies available to the Village. Any violation of a Conditional Rezoning that is not cured within thirty (30) days after written notice of the violation is given shall permit the Village Council, in its sole discretion, to declare a Conditional Rezoning void and of no effect.
Subsequent Rezoning of Land. Nothing in a Conditional Rezoning, nor any statement or other provision, shall prohibit the Village from later rezoning all or any portion of the property that is the subject of a Conditional Rezoning to another zoning classification. Any rezoning shall be conducted in compliance with this Ordinance and the Michigan Zoning Enabling Act (Public Act 110 of 2006).
Failure to Offer Conditions. The Village shall not require an owner to offer conditions as a requirement for rezoning. The lack of an offer of conditions shall not affect the owner’s rights under this Ordinance.

MAPS

Maps

Zoning Map P276

Wetlands Map P277