Recognizing that there is a need for flexibility in keeping
abreast of new building methods, designs, and materials, and to provide
for variety in dwelling types and commercial complexes, this district
is limited to allow for variation in the use and area requirements
of this chapter (which are designed primarily to apply to the traditional
pattern of lot development and building arrangement generally prevailing
within the Village) and in the regulations applying to buildings,
yards, etc. This article also pertains to site condominium projects.
The Village Council may amend this chapter and Zoning Map for the
accomplishment of the foregoing purposes, in accordance with the following
procedure.
A.
For the purpose of accomplishing the objectives of this article,
the owner or owners of any tract of land shall submit to the Village
Council a preliminary plan which the Board shall refer to the Village
Planning Commission for review and public hearing. The Planning Commission
shall then make its recommendation to the Village Council. If the
Village Board approves the preliminary submission after report of
the Planning Commission, the preliminary plan shall be signed by the
Village Council and filed with the Village Planning Commission. The
Board shall then amend the Zoning Map to include the zoning district
change. Within a period of 12 months following such approval, a final
detailed plan shall be submitted showing that specific and detailed
provisions have been made for the essential conditions listed in this
chapter. The detailed plan shall be submitted to the Planning Commission
and, except for the requirement of recording in the Office of the
County Register of Deeds, be processed in the same manner as for subdivisions
in the Village.
B.
Although the preliminary plan must show the entire proposed developments,
the final detailed plan may be submitted and approved in stages. No
building permit shall be issued nor construction be commenced before
a detailed final plan or stage thereof is approved, signed, and filed
with the Village Planning Commission.
A.
Preliminary plans. The preliminary plan shall show the layout of
the total area to be included in the proposed district and shall be
accompanied by documentary evidence to the satisfaction of the Planning
Commission showing the following:
(1)
That the plan shall be consistent with the Land Use Plan as
adopted and from time to time amended for the orderly development
of the Village and that it will promote the general welfare of the
Village;
(2)
That the appropriate use and value of adjacent property will
be safeguarded;
(3)
That the capacity of existing or proposed utilities, streets,
and thoroughfares is adequate to absorb the additional burden created
by the Planned Unit Development District when considered in conjunction
with presently existing and additional proposed facilities;
(4)
That the development will consist of a grouping of buildings
or other structures deemed by the Village Planning Commission to be
compatible; that adequate service, parking, and open spaces will be
provided; and that this development will be a common operating and
maintenance unit;
(5)
That proper and sufficient provision is made for common open
space, but not less than 15% of the total site;
(6)
That all buildings will be served by an adequate sewage disposal
system, water supply, and other utilities; and
(7)
That any reduction in the minimum lot area per dwelling otherwise required in this chapter will result in increased open space immediately available to those residents and will be in additional to the requirement of Subsection A(6) above.
(8)
Owner permission.
B.
Final plans. If the development is to be carried out in progressive stages, each stage shall be so planned that the foregoing conditions and intent of § 370-402 shall be fully complied with at the completion of each stage. The comprehensive final detailed plans shall have a scale of not less than one inch equals 100 feet, and this plan with its evidence shall show the following:
(1)
Contour lines showing two-foot changes in elevation or indicating
any unusual topographical features;
(2)
That adequate provision is made for safe and efficient pedestrian
and vehicular circulation within the site;
(3)
That the location, dimensions, and arrangements of all open
spaces (common or private), yards, accessways, entrances, exits, off
pedestrian ways, widths of roads, streets, and sidewalks are adequate
to provide for safe and efficient ingress and egress to and from public
streets and highways serving the development;
(5)
The location, uses planned, elevations, major exterior treatment,
dimensions, gross floor area, building coverage, signage, and height
of each building or other structure;
(6)
The location and arrangements of all areas devoted to planted
lawns, trees, recreation, and similar purposes;
(7)
Provisions made for the location of existing or proposed sewage
disposal, water supply, stormwater drainage, parking lot lights, and
other utilities;
(8)
Sufficient additional data as may have been required by the
Planning Commission subsequent to the approval of the preliminary
plan to enable the Planning Commission to judge the effectiveness
of the design and character of the entire Planned Unit Development
District and to consider properly such things as the relationship
to surrounding area, anticipated traffic, public health, safety and
general welfare.
C.
Time limit for beginning of construction and reversion to former
zoning classification.
(1)
Every application, when approved by the Planning Commission
either as submitted or resubmitted in modified form, shall constitute
an agreement by the applicant or owner that such installation shall
be made, completed, and operated as indicated by the approved plan
and in accordance with the provisions of this section and that the
area which has been zoned or rezoned shall lose its new classification
and revert to its former zoning classification in any of the following
events:
(a)
If construction of approved buildings and improvements shall
not be undertaken within 12 months after the approval of the detailed
plans or within such additional time as may be authorized by the Village
Planning Commission.
(b)
If there shall be a failure to complete construction within the time period specified on the building or construction permit or to comply or to continue to comply with the specified conditions listed in § 370-403 and in this section, or with conditions imposed by the Village Council or Planning Commission hereunder in the zoning of the area.
(2)
The change of zoning required by this section shall not be effective
unless written notice has been given to the applicant by mail, providing
30 days in which to show cause to the Village Planning Commission
why the change in zoning should not take place.
D.
Zoning designation binding successors in interest. Whenever a tract
of land has been designated as a planned unit development, such zoning
designation shall continue in effect, irrespective of subsequent changes
in ownership whether all or a portion of the designated tract, and
the uses and regulations of such zoning shall bind and be applicable
to any successors in interest to those who were the owners of such
tract at the time this zoning was imposed upon this real estate.
A.
Intent. It is recognized that there are certain instances where it
would be in the best interests of the Village, as well as advantageous
to property owners seeking a change in zoning boundaries, if certain
conditions could be proposed by property owners as part of a request
for a rezoning. It is the intent of this section to provide a process
consistent with the provisions of Section 16i of the Village Zoning
Act (MCLA 125.286i[1]) by which an owner seeking a rezoning may voluntarily
propose conditions regarding the use and/or development of land as
part of the rezoning request.
[1]
Editor's Note: MCLA 125.286i was repealed by § 702
of Public Act No. No. 110 of 2006, effective 7-1-2006. See now MCLA
125.3405.
B.
Application and offer of conditions.
(1)
An owner of land may voluntarily offer, in writing, conditions
relating to the use and/or development of land for which a rezoning
is requested. This offer may be made either at the time the application
for rezoning is filed or may be made at a later time during the rezoning
process.
(2)
The required application and process for considering a rezoning
request with conditions shall be the same as that for considering
rezoning requests made without any offer of conditions, except as
modified by the requirements of this section.
(3)
The owner's offer of conditions may not purport to authorize
uses or developments not permitted in the requested new zoning district.
(4)
The owner's offer of conditions shall bear a reasonable and
rational relationship to the property for which rezoning is requested.
(5)
Any use or development proposed as part of an offer of conditions
that would require a special land use permit under the terms of this
chapter may only be commenced if a special land use permit for such
use or development is ultimately granted in accordance with the provisions
of this chapter.
(6)
Any use or development proposed as part of an offer of conditions
that would require a variance under the terms of this chapter may
only be commenced if a variance for such use or development is ultimately
granted by the Zoning Board of Appeals in accordance with the provisions
of this chapter.
(7)
Any use or development proposed as part of an offer of conditions
that would require site plan approval under the terms of this chapter
may only be commenced if site plan approval for such use or development
is ultimately granted in accordance with the provisions of this chapter.
(8)
The offer of conditions may be amended during the process of
rezoning consideration, provided that any amended or additional conditions
are entered voluntarily by the owner. An owner may withdraw all or
part of its offer of conditions any time prior to final rezoning action
of the Village Council, provided that, if such withdrawal occurs subsequent
to the Planning Commission's public hearing on the original rezoning
request, then the rezoning application shall be referred to the Planning
Commission for a new public hearing with appropriate notice and a
new recommendation.
C.
Planning Commission review. The Planning Commission, after public hearing and consideration of the factors for rezoning set forth in § 370-284F of this chapter, may recommend approval, approval with recommended changes or denial of the rezoning; provided, however, that any recommended changes to the offer of conditions are acceptable to and thereafter offered by the owner.
D.
Village Council review. After receipt of the Planning Commission's recommendation, the Village Council shall deliberate upon the requested rezoning and may approve or deny the conditional rezoning request. The Village Council's deliberations shall include, but not be limited to, a consideration of the factors for rezoning set forth in § 370-284F of this chapter. Should the Village Council consider amendments to the proposed conditional rezoning advisable and if such contemplated amendments to the offer of conditions are acceptable to and thereafter offered by the owner, then the Village Council shall, in accordance with Section 11 of the Village Zoning Act (MCLA 125.281[2]), refer such amendments to the Planning Commission for
a report thereon within a time specified by the Village Council and
proceed thereafter in accordance with said statute to deny or approve
the conditional rezoning with or without amendments.
[2]
Editor's Note: MCLA 125.281 was repealed by § 702
of Public Act No. No. 110 of 2006, effective 7-1-2006.
E.
Approval. If the Village Council finds the rezoning request and offer
of conditions acceptable, the offered conditions shall be incorporated
into a formal written statement of conditions acceptable to the owner
and conforming in form to the provisions of this section. The statement
of conditions shall be incorporated by attachment or otherwise as
an inseparable part of the ordinance adopted by the Village Council
to accomplish the requested rezoning.
(1)
The statement of conditions shall:
(a)
Be in a form recordable with the Register of Deeds of Cass County
or, in the alternative, be accompanied by a recordable affidavit or
memorandum prepared and signed by the owner giving notice of the statement
of conditions in a manner acceptable to the Village Council.
(b)
Contain a legal description of the land to which it pertains.
(c)
Contain a statement acknowledging that the statement of conditions
runs with the land and is binding upon successor owners of the land.
(d)
Incorporate by attachment or reference any diagram, plans or
other documents submitted or approved by the owner that are necessary
to illustrate the implementation of the statement of conditions. If
any such documents are incorporated by reference, the reference shall
specify where the document may be examined.
(e)
Contain a statement acknowledging that the statement of conditions
or an affidavit or memorandum giving notice thereof may be recorded
by the Village with the Register of Deeds of Cass County.
(f)
Contain the notarized signatures of all of the owners of the
subject land preceded by a statement attesting to the fact that they
voluntarily offer and consent to the provisions contained within the
statement of conditions.
(2)
Upon the rezoning taking effect, the Official Zoning Map shall
be amended to reflect the new zoning classification along with a designation
that the land was rezoned with a statement of conditions. The Village
Clerk shall maintain a listing of all lands rezoned with a statement
of conditions.
(3)
The approved statement of conditions or an affidavit or memorandum
giving notice thereof shall be filed by the Village with the Register
of Deeds of Cass County. The Village Council shall have authority
to waive this requirement if it determines that, given the nature
of the conditions and/or the time frame within which the conditions
are to be satisfied, the recording of such a document would be of
no material benefit to the Village or to any subsequent owner of the
land.
(4)
Upon the rezoning taking effect, the use of the land so rezoned
shall conform thereafter to all of the requirements regulating use
and development within the new zoning district as modified by any
more restrictive provisions contained in the statement of conditions.
F.
Compliance with conditions.
(1)
Any person who establishes a development or commences a use
upon land that has been rezoned with conditions shall continuously
operate and maintain the development or use in compliance with all
of the conditions set forth in the statement of conditions. Any failure
to comply with a condition contained within the statement of conditions
shall constitute a violation of this Zoning Ordinance and be punishable
accordingly. Additionally, any such violation shall be deemed a nuisance
per se and subject to judicial abatement as provided by law.
(2)
No permit or approval shall be granted under this chapter for
any use or development that is contrary to an applicable statement
of conditions.
G.
Time period for establishing development or use. Unless another time
period is specified in the ordinance rezoning the subject land, the
approved development and/or use of the land pursuant to building and
other required permits must be commenced upon the land within 18 months
after the rezoning took effect and thereafter proceed diligently to
completion. This time limitation may, upon written request, be extended
by the Village Council if (1) it is demonstrated to the Village Council's
reasonable satisfaction that there is a strong likelihood that the
development and/or use will commence within the period of extension
and proceed diligently thereafter to completion and (2) the Village
Council finds that there has not been a change in circumstances that
would render the current zoning with statement of conditions incompatible
with other zones and uses in the surrounding area or otherwise inconsistent
with sound zoning policy.
H.
Reversion of zoning. If approved development and/or use of the rezoned land does not occur within the time frame specified under Subsection G above, then the land shall revert to its former zoning classification as set forth in MCLA 125.286i.[3] The reversion process shall be initiated by the Village
Council 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 thereafter
be the same as applies to all other rezoning requests.
[3]
Editor's Note: MCLA 125.286i was repealed by § 702
of Public Act No. No. 110 of 2006, effective 7-1-2006. See now MCLA
125.3405.
I.
Subsequent rezoning of land. When land that is rezoned with a statement of conditions is thereafter rezoned to a different zoning classification or to the same zoning classification but with a different or no statement of conditions, whether as a result of a reversion of zoning pursuant to Subsection H above or otherwise, the statement of conditions imposed under the former zoning classification shall cease to be in effect. Upon the owner's written request, the Village Clerk shall record with the Register of Deeds of the County in which the land is located a notice that the statement of conditions is no longer in effect.
J.
Amendment of conditions.
(1)
During the time period for commencement of an approved development or use specified pursuant to Subsection G above or during any extension thereof granted by the Village Council, the Village shall not add to or alter the conditions in the statement of conditions.
(2)
The statement of conditions may be amended thereafter in the
same manner as was prescribed for the original rezoning and statement
of conditions.
K.
Village right to rezone. Nothing in the statement of conditions nor
in the provisions of this section shall be deemed to prohibit the
Village from rezoning all or any portion of land that is subject to
a statement of conditions to another zoning classification. Any rezoning
shall be conducted in compliance with this chapter and the Village
Zoning Act (MCLA 125.271 et seq.[4]).
[4]
Editor's Note: MCLA 125.271 et seq. was repealed by § 702
of Public Act No. No. 110 of 2006, effective 7-1-2006.
L.
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 an owner's rights under this
chapter.
