It is recognized that there are certain instances where it would
be in the best interest of the Township, 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 405 of the Michigan Zoning
Enabling Act, PA 110 of 2006, 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.
The Planning Commission, after public hearing and consideration
of the factors for rezoning set forth in 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.
After receipt of the Planning Commission's recommendation, the
Township Board shall deliberate upon the requested rezoning and may
approve or deny the conditional rezoning request. The Township Board's
deliberations shall include, but not be limited to, a consideration
of the factors for rezoning set forth in this chapter. Should the
Township Board 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 Township
Board shall, in accordance with the provisions of the Michigan Zoning
Enabling Act, PA 110 of 2006, refer such amendments to the Planning Commission for a
report thereon within a time specified by the Township Board and proceed
thereafter in accordance with said statute to deny or approve the
conditional rezoning with or without amendments.
Unless another time period is specified in this chapter 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 one year after the rezoning took effect and thereafter
proceed diligently to completion. This time limitation may, upon written
request, be extended by the Township Board if:
A. It
is demonstrated to the Township Board'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
B. The
Township Board 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.
If approved development and/or use of the rezoned land does not occur within the time frame specified under §
380-19.07 above, then the land shall revert to its former zoning classification. The reversion process shall be initiated by the Township Board 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.
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 §
380-19.08 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 Township Clerk shall record with the Register of Deeds a notice that the statement of conditions is no longer in effect.
Nothing in the statement of conditions nor in the provisions
of this section shall be deemed to prohibit the Township 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 Michigan Zoning Enabling Act,
PA 110 of 2006.
The Township 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.
In reviewing an application for the rezoning of land, whether
the application be made with or without an offer of conditions, factors
that should be considered by the Planning Commission and the Township
Board include, but are not limited to, the following:
A. Whether the rezoning is consistent with the policies and uses proposed
for that area in the Township's Master Land Use Plan.
B. Whether all of the uses allowed under the proposed rezoning would
be compatible with other zones and uses in the surrounding area.
C. Whether any public services and facilities would be significantly
adversely impacted by a development or use allowed under the requested
rezoning.
D. Whether the uses allowed under the proposed rezoning would be equally
or better suited to the area than uses allowed under the current zoning
of the land.