Trenton City Hall: 2800 Third St. Trenton, MI 48183 | Phone: (734) 675-6500 Fax: (734) 675-4088

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CITY OF TRENTON
ORDINANCE NO. 705-19

AN ORDINANCE TO AMEND THE TRENTON CITY ZONING CODE, SECTION 110 THEREOF, BY ADDING A NEW SUBSECTION 110-643 ESTABLISHING CONDITIONAL ZONING REGULATIONS WITHIN THE CITY, PURSUANT TO MCL 125.3405

THE CITY OF TRENTON ORDAINS:

Section 1. A new section 110-643 shall be created permitting "Conditional Rezoning " of properties within the City pursuant to MCL 125.3405, and setting forth the terms and conditions, which shall read as follows:

Sec. 110-643. Conditional Rezoning

(a) It is recognized that there are certain instances where it would be in the best interests of the City, as well as advantageous to property owners seeking a change in zoning boundaries, if certain conditions attach as part of a request for rezoning. It is the intent of this Section to provide a process consistent with the provisions of Section 405, Michigan Zoning Enabling Act 110 of 2006 (MCL125.3405) 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) Application and Offer of Conditions
a. 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.
b. 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.
c. The owner's offer of conditions shall bear a reasonable and rational relationship to the property for which rezoning is requested.
d. Any use of development proposed as part of an offer of conditions that would require a special land use permit under the terms of the Ordinance 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 Ordinance.
e. Any use or development proposed as part of an offer of conditions that require variance under the terms of this Ordinance 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 Ordinance. Any use or development proposed as part of an offer of conditions that would require site plan approval under the terms of this Ordinance may only be commenced if site plan approval for such use or development is ultimately granted in accordance with the provisions of this Ordinance.
f. The offer of conditions may be amended during the process of rezoning consideration provided that any amended or additional conditions are agreed to by the owner. An owner may withdraw all or part of its offer of conditions any time prior to final rezoning action 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, new recommendation, and fees.
(2) Planning Commission Review
Planning Commission, after public hearing and consideration of the factors for rezoning, 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.
(3) City Council Review
After receipt of the Planning Commission's recommendations, the City Council shall deliberate upon the requested rezoning and may approve or deny the conditional rezoning request. The deliberations shall include, but not be limited to, a consideration of the factors for rezoning of this Ordinance. Should the City Council consider amendments to the proposed conditional rezoning advisable and if such a contemplated amendments to the offer of conditions are acceptable to and thereafter offered by the owner, then the City Council shall, in accordance with Section 405 of the Michigan Zoning Enabling Act (MCL125.3405), refer such amendments to the Planning Commission for a report thereon within a time specified by the City Council and proceed thereafter in accordance with said statute to deny or approve the conditional rezoning with or without amendments.
(4) Approval
a. If the City 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 City Council to accomplish the requested zoning.
b. The Statement of Conditions shall:
1. Be in a form recordable with the Register of Deeds of the 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 City Council.
2. Contain a legal description of the land to which it pertains.
3. Contain a statement acknowledging that the Statement of Conditions runs with the land and is binding upon successor owners of the land.
4. Incorporate by attachment or reference any diagram, plans or other documents submitted or approved by the petitioner 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.
5. Contain a statement acknowledging that the Statement of Conditions or an Affidavit or Memorandum giving notice thereof may be recorded by the City with the Register of Deeds of the County.
6. 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.
c. Upon rezoning taking effect, the 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 City Clerk shall maintain a listing of all lands rezoned with a Statement of Conditions.
d. The approved Statement of Conditions or an Affidavit or Memorandum giving notice thereof shall be filed by the City with the Register of Deeds of the County. The City 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 City or to any subsequent owner of the land.
e. 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.
(5) Compliance with Conditions
a. 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, result in a reversion of the zoning classification to its previous designation and be punishable accordingly. Additionally, any such violation shall be deemed a nuisance per se and subject to judicial abatement as provided by law.
b. No permit or approval shall be granted under this Ordinance for any use or development that is contrary to an applicable Statement of Conditions.
(6) 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 within a pre-determined time period. This time limitation may upon written request be extended by the City Council if (1) it is demonstrated to the City 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 City Council finds that there has not been a change in law or surrounding development 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.
(7) Reversion of Zoning
If approved development and/or use of the rezoned land do not occur within the time frame specified under Subsection 6 above, or the conditions of zoning are violated, then the land shall revert to its former zoning classification as set forth in the Michigan Zoning Enabling Act (MCL125.3405). The reversion process shall be initiated by the City 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.
(8) 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 the Subsection 7 above or otherwise, the Statement of Conditions imposed under the former zoning classification shall cease to be in effect. The City Clerk shall record with the Register of Deeds of the County that the Statement of Conditions is no longer in effect.
(9) Amendment of Conditions
During the time period for commencement of an approved development or use specified pursuant to Subsection 6 above or during any extension thereof granted by the City Council, the City shall not add to or alter the conditions in the Statement of Conditions.
(10) City Right to Rezone
Nothing in the Statement of Conditions nor in the provisions of this Section shall be deemed to prohibit the City 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 Ordinance and the Michigan Zoning Enabling Act (MCL125.3405).
(11) Failure to Offer Conditions
The City 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 Ordinance.
Section 2. Savings Clause. Nothing in this Ordinance or in the Code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Ordinance.
Section 3. Severability. Should any word, sentence, phrase or any portion of this Ordinance be held in a manner invalid by any court of competent jurisdiction or by any state agency having authority to do so for any reason whatsoever, such holdings shall be construed and limited to such work, sentence, phrase or any portion of the Ordinance held to be so invalid shall not be construed as affecting the validity of any of the remaining words, sentences, phrases or portions of this Ordinance.
Section 4. Conflicting Ordinances. All prior existing ordinances adopted by the City of Trenton inconsistent or in conflict with the provisions of this Ordinance are, to the extent of such conflict or inconsistency, hereby expressly repealed.

Section 5. Readings. This Ordinance shall be given a first reading on August 7, 2017, shall be enacted on August 21, 2017, and shall be published on or before August 28, 2017, and shall be effective August 29, 2017.

ADOPTED, APPROVED AND PASSED by the City Council of the City of Trenton this 21st day of August, 2017.

Kyle F. Stack, Mayor
Debra R. Devitt, City Clerk

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