Applying to rezone property is an increasingly common procedure for Michigan developers and property owners whose proposed projects may not comply with existing zoning maps. It is becoming just as common for applicants to offer conditions as part of their rezoning requests. In essence, conditional rezoning provides flexibility and creates a mechanism for compromise between applicants and municipalities.
Conditional rezoning is authorized under the Michigan Zoning Enabling Act (MZEA), which establishes the legal framework for local governments’ land use and zoning regulations or ordinances. The statute includes several key provisions specific to conditional rezoning. First, a property owner may voluntarily offer written conditions related to the proposed rezoning of their property or amendment to the zoning map. MCL 125.3505(1). Notably, the statute specifies that a local unit of government shall not require a landowner to offer conditions as a requirement for rezoning. MCL 125.3405(5). Therefore, any conditions to an applicant’s rezoning request must be voluntarily proposed by the applicant in writing.
When proceeding with an application for rezoning, applicants should always begin by reviewing the local zoning ordinance. Local regulations outline the specific standards and procedures for rezoning requests, including key submission deadlines. Ideally, applicants may submit proposed conditions with their initial rezoning application. However, conditions may be proposed after filing the initial application, if permitted under local ordinance.
After submitting a rezoning application, municipalities must hold a noticed public hearing, pursuant to local and state law. During such hearings, applicants can present evidence and explain their reasons before the municipal boards, for approving their rezoning requests, including any proposed conditions. These hearings also allow opportunities for public comment, which may impact municipalities’ reception of rezoning requests. Following the public hearing, the governing board or commission will typically vote to approve or deny the conditional rezoning.
Upon approval of conditional rezoning requests, the applicant and municipality will usually execute and record a written conditional rezoning agreement. Recording the agreement ensures the conditions become binding. Under the MZEA, once conditions are approved, municipalities may establish a specific time period during which the conditions apply to the land. MCL 125.3405(2). Should a municipality establish any time period, it is prohibited from adding or altering any approved conditions during such period. MCL 125.3405(4). This time period may be extended by application from the property owner and approval of the local unit of government.
Given the binding nature of approved conditions, it is important to draft carefully during the rezoning application process. For instance, applicants should avoid overpromising or agreeing to overly restrictive conditions. Moreover, coordinating early with municipal planners and/or engineers on drafting certain conditions can ensure they are enforceable under local regulations, and accommodating enough to local concerns. Guidance from legal counsel can also assist with drafting conditions and navigating the rezoning process in general.
Conditional rezoning can be an effective tool to achieving personal land use goals while complying with local policy. Navigated carefully, this process can avoid legal challenges and reach a mutually acceptable result. Our land use and zoning attorneys have extensive experience assisting clients with rezoning applications throughout Michigan. If you have any questions about conditional rezoning or need guidance on a potential project, contact Dalton & Tomich, PLC to speak with one of our attorneys.
