An owner of land may voluntarily offer, in writing, certain
use and development of land as a condition to rezoning of the land
or an amendment to the zoning map by submitting the written offer
to the City Building Inspector with:
(a)
Evidence of record title ownership.
(b)
A legal description and boundary sketch of the parcels proposed
to be rezoned.
(c)
A description of the certain use and development proposed for
the land, with phases or a timeline in which the use and development
will occur.
(d)
A site plan depicting any particular proposed development that
would be constructed as a condition of the rezoning.
(e)
A description of the purpose for which the rezoning is sought.
(f)
The reasons for seeking conditional rezoning rather than rezoning
without a condition.
(g)
A proposed agreement, in recordable form, outlining the certain
use and development of land offered as a condition to rezoning, and
a provision declaring that the zoning will revert if the proposed
use and development is not completed as described.
The offer and supporting information shall be submitted to the
Planning Commission, along with a written City staff report for the
purpose of conducting a public hearing on the proposed rezoning or
amendment to the zoning map, and the Planning Commission shall review
the offer and recommend approval or disapproval of it to the City
Council.
In conducting its review and making its recommendation on the
offer, the Planning Commission shall consider whether:
(a)
The proposed rezoning or map amendment will interfere with the
orderly development of nearby properties according to the existing
zoning districts.
(b)
The proposed certain use and development of the land will interfere
with existing permitted uses of nearby properties.
(c)
Any proposed condition on the use and development of the land
will protect existing permitted uses on nearby properties from significant
negative impacts of the rezoning.
(d)
The requested rezoning with certain use and development of the
land as a condition to the rezoning is consistent with the master
plan for the area.
Conditional rezoning shall comply with all of the following
terms:
(a)
If the proposed conditions of rezoning are acceptable to the
City of Ithaca, the City may establish a time period during which
the conditions apply to the property and must be met. If the conditions
are not met to the satisfaction of the City within the time specified
the property shall revert to its former zoning classification.
(b)
The approved conditional rezoning shall be binding upon the
subject property owner and the owner's heirs, successors, assigns
and transferees.
(c)
Upon approval of a conditional rezoning, the written agreement
between the property owner and the City shall be recorded with the
Gratiot County Register of Deeds.
(d)
Time limits approved by the City may be extended upon application
by the owner and approval by the City.
(e)
An application for a conditional rezoning request that has been
denied shall not be reconsidered for one year unless the applicant
demonstrates a change in circumstances affecting the subject property.
The offer and supporting information shall be submitted to the
City Council for approval or disapproval, along with the recommendation
of the Planning Commission, complete with minutes of the meeting at
which a public hearing was conducted on the offer. The City Attorney
and City Building Inspector shall prepare and present written recommendations
for approval or disapproval of the offer. The City Attorney shall
review and approve the proposed agreement or recommend modifications.
Approval of the offer by the City Council shall not be effective
until an ordinance accomplishing the proposed rezoning or map amendment
is adopted by the City Council.