22.40.010 PROCEDURE

The Village Council may amend, supplement, modify or change this Ordinance upon recommendation by Planning Commission, provided that a public hearing shall be held before any such amendment, supplement, modification or change shall be passed. Notice of such public hearing shall be given in conformance with the requirements of the Michigan Zoning Enabling Act and any other applicable laws. {Ord. 377, 1-21-20}


In the case of an amendment to the Village Zoning Map, the following information shall accompany the application form:

a.   A legal description and street address of the subject property, together with a map identifying the subject property in relation to surrounding properties.

b.   The name, signature and address of the owner of the subject property, a statement of the applicant's interest in the subject property if not the owner in fee simple title, and proof of consent from the property owner.

c.   The existing and proposed zoning district designation of the subject property.

d.   A site analysis site plan or current aerial photograph illustrating existing conditions on the site and adjacent properties such as woodlands, wetlands, soil conditions, steep slopes, drainage patterns, views, existing buildings, adjacent land uses, any sight distance limitations and relationship to other developed sites and access points in the vicinity.

e.   A written environmental assessment describing site features and anticipated impacts created by the host of uses permitted in the requested zoning district.

f.   A traffic impact study shall be provided if any use permitted in the requested zoning district could generate 100 or more peak hour directional trips, or 1,000 or more vehicle trips per day.  The traffic study should contrast the daily and peak hour trip generation rates for representative use in the current and requested zoning district.  The determination of representative uses shall be made by the Planning Commission with input from Village staff and consultants.

g.   A conceptual plan at a scale not less than 1” = 100’, demonstrating that the site could be developed with representative uses permitted in the requested zoning district meeting requirements for setbacks, lot coverage, building spacing, parking, loading, drainage, general landscaping, access spacing, and other site design factors; while the anticipated use can be shown, an illustration of the maximum development permitted under the requested zoning shall also be provided.

h.   A written description of how the requested rezoning meets Sec. 22.40.040 "Criteria for Amendment to the Village Zoning Map." {Ord. 377, 1-21-20}


All amendments to this Ordinance shall be on file in the Village Clerk's office. The Ordinance effecting any amendment to the Zoning Map shall include the written description of the property that has been zoned or rezoned.


In considering any proposed amendment to the Ordinance and/or the Official Zoning Map, the Planning Commission and Village Council shall consider the following criteria in making its findings, recommendations and decision:

a.   The proposed amendment shall be consistent with the goals, policies, and future land use map of the Master Plan.

b.   The proposed amendment shall be in accordance with the intent and purpose of the Zoning     Ordinance.

c.   The proposed amendment shall comply with all requirements of the zoning classification. 

d.   The Planning Commission and Village Council may consider how the proposed zoning may be is consistent with the trends in land development in the general vicinity of the property in question.

e.   The proposed zoning is consistent with or provides a beneficial transition to the zoning classification of surrounding land.

f.    The proposed zoning is compatible with the site's physical, geological, hydrological and other environmental features, and with the uses permitted in the proposed zoning district.

g.   All the potential uses allowed in the proposed zoning district are compatible with surrounding uses and zoning in terms of environmental impacts, density, nature of use, traffic impacts, and infrastructure.

h.   The impact, if any, of the proposed zoning on public health, safety and welfare on the capacity of public utilities and services to accommodate the uses permitted in the proposed zoning district.  {Ord. 377, 1-21-20}


a.   An applicant for a rezoning may voluntarily offer a zoning agreement as a condition for rezoning.  An election to file a conditional rezoning with a zoning agreement shall be pursuant to the Michigan Zoning Enabling Act (Public Act 110 of 2006) and this Ordinance.  The conditions set forth in the zoning agreement must be voluntary and equally or more restrictive than the regulations that would otherwise apply under the proposed zoning district.  The zoning agreement shall be a written agreement that is approved and executed by the applicant and the Village and recorded with the County Register of Deeds.  When necessary, the zoning agreement shall also include and incorporate, by reference, a site plan.  This plan shall not replace the requirement for a site plan as outlined in Section 22.08.290.  The zoning agreement must be voluntarily offered by the applicant and the Village shall not have the authority to require modification to a zoning agreement without the consent of the petitioner; provided, the Village shall not enter into a zoning agreement that is not found acceptable to the Village Council.

b.   The zoning agreement may include limitations on the uses permitted on the property in question, specification of lower 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.  The zoning agreement may not authorize uses or developments of greater intensity or density, or which are not permitted in the proposed zoning district; nor may a zoning agreement permit variances from height, area, setback or similar dimensional requirements that are less restrictive than the proposed zoning district.  The zoning agreement may include conditions related to the use and development of the property that are necessary to:

      1.   Serve the intended use of the property, such as improvements, extension, widening, or realignment of streets, utilities, storm drains, or other infrastructure serving the site;

      2.   Minimize the impact of the development on surrounding properties, such as landscape screening above and beyond minimum requirements or design elements to create transition to adjoining uses; and

      3.   Preserve natural features, historic resources, and open space.

c.   In addition to any limitations on use or development of the site, preservation of site features or improvements described in paragraph b above, the zoning agreement shall also include the following:

      1.   Acknowledgement that the zoning agreement was proposed voluntarily by the applicant and that the Village relied upon the agreement and may not grant the rezoning but for the conditions offered in the zoning agreement.

      2.   Acknowledgement that the zoning agreement and its terms and conditions are authorized by all applicable state and federal law and constitution, and that the zoning agreement is valid and was entered into on a voluntary basis.

      3.   Agreement and understanding that the property shall only be developed and used in a manner that is consistent with the zoning agreement.

      4.   Agreement and understanding that the rezoning is conditioned upon obtaining site plan approval under Section 22.08.290, or subdivision approval under Chapter 23, Subdivision Ordinance and obtaining other necessary approvals required by the Village and all applicable county and state agencies.

      5.   Agreement and understanding that no part of the zoning agreement shall permit any activity, use, or condition that would otherwise not be permitted in the new zoning district.

      6.   Agreement and understanding that the approval of the conditional rezoning and the zoning agreement shall be binding upon and inure to the benefit of the property owner and the Village, and also their respective heirs, successors, assigns, receivers or transferees.

      7.   Agreement and understanding that, if a rezoning with a zoning agreement becomes void in accordance with this section, that no further development shall take place and the land shall revert back to its original zoning classification.

      8.   A legal description of the land to which the agreement pertains.

      9.   Any other provisions as are agreed upon by the parties.

d.   Any use(s) proposed as part of a zoning agreement that would otherwise require site plan approval or special land use approval shall be subject to the applicable review and approval requirements of Sections 22.08.290 and 22.08.300.

e.   Nothing in the zoning agreement, nor any statement or other provision, shall prohibit the Village from later rezoning all or any portion of the land that is the subject of the zoning agreement 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).

f.    Failure to comply with the zoning agreement 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.  {Ord. 377, 1-21-20}