The provisions of this chapter shall be administered by the building department and the building inspector and his deputies as designated by the mayor and council.

(Ord. No. 68-15, § 17.01, 10-22-1968)

(a)

The building inspector shall have the power to grant zoning compliance and occupancy permits, to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter. It shall be unlawful for the building inspector to approve any plans or issue a zoning compliance permit or a building permit for any excavation or construction until he has inspected such plans in detail and found them in conformity with this chapter. To this end, the building inspector shall require that every application for a zoning compliance permit for excavation, construction, moving or alteration or change in type of use or the type of occupancy be accompanied by written statements and plans or plats drawn to a scale of not less than one inch equals 50 feet, in duplicate and showing the following in sufficient detail to enable the building inspector to ascertain whether the proposed work or use is in conformance with this chapter.

(1)

The actual shape, location, and dimensions of the lot.

(2)

The shape, size, and location of all buildings or other structures to be erected, altered or moved, and of any buildings or other structures already on the lot.

(3)

The existing and intended use of the lot and of all such structures upon it, including in the residential areas the number of dwelling units the building is intended to accommodate.

(4)

Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being observed.

(5)

Existing and proposed grades to an extent necessary to allow the building department and the city engineer to properly determine the results of the proposed work.

(b)

If the proposed excavation, construction, moving or alteration, or use of land, as set forth in the application are in conformity with the provisions of this chapter, the building inspector shall issue a zoning compliance permit. If any application for such permit is not approved, the building inspector shall state in writing on the application the cause for such disapproval. Issuance of a permit shall in no case be construed as waiving any provisions of this chapter.

(c)

The building inspector is, under no circumstances, permitted to grant exceptions to the actual meaning of any clause, order or regulation, contained in this chapter to any person making application to excavate, construct, move, alter or use either buildings, structures or land within the city.

(d)

The building inspector is, under no circumstances, permitted to make changes to this chapter nor to vary the terms of this chapter in carrying out his duties as building inspector.

(e)

The building inspector shall record all nonconforming uses existing at the effective date of the ordinance from which this chapter is derived within 12 months after the adoption of the ordinance from which this chapter is derived for the purpose of carrying out the provisions of article VIII of this chapter.

(Ord. No. 68-15, § 17.02, 10-22-1968)

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Alteration or repair of an existing building or structure includes any changes in structural members, stairways, basic construction, type, kind or class of occupancy, light or ventilation, means of egress and ingress or any other changes affecting or regulated by the state construction code, the city's minimum housing code or this chapter, except for minor repairs or changes not involving any of the aforesaid provisions. (See also the definition of term "alteration" in section 52-1.)

(b)

Regulations. The following shall apply in the issuance of any permit:

(1)

Required. It shall be unlawful for any person to commence excavation for, or construction of any building structure, or moving of an existing building without first obtaining a building permit from the building inspector. No permit shall be issued for the construction, alteration or remodeling of any building or structure until an application has been submitted in accordance with the provisions of this chapter, showing that the construction proposed is in compliance with the provisions of this chapter and with the state construction code. No plumbing, electrical, drainage or other permit shall be issued until the building inspector has determined that the plans and designated use indicate that the structure and premises, if constructed as planned and proposed, will conform to the provisions of this chapter.

(2)

New use of land. A building permit shall also be obtained for the new use of land, whether presently vacant or a change in land use is proposed.

(3)

Change in use of buildings or structures or change of occupant. A building permit or certificate of occupancy shall also be obtained for any change in use of an existing building or structure to a different class or type. A building permit or certificate of occupancy shall also be obtained upon the change of occupant or tenant of any commercial or business building or structure regardless of any change in use of the building or structure to a different class or type.

(Ord. No. 68-15, § 17.03, 10-22-1968; Ord. No. 81-6, § 2, 1-27-1981)

(a)

In order to ensure compliance with the provisions of this chapter, the building inspector shall be notified by the owner of any building or structure for which a change in use, tenant or occupant is intended prior to such change or as construction or alteration reaches the following stages:

(1)

Prior to completion of the footings and prior to the erection of any foundations.

(2)

Upon completion of all work authorized by the building permit. Until inspection is completed, no further work shall be accomplished. At each inspection, the building inspector shall ensure that all work accomplished complies with the applicable provisions of this chapter. If he determines that any provision of this chapter has been violated, he shall immediately suspended the building permit, and such suspension shall remain in effect until correction of all violations shall have been approved by the building inspector.

(b)

Upon receipt of such notification the building inspector or his agent, and the fire marshal or his agent, shall make an inspection of the premises. If the building inspector or fire marshal determines that any provision of this chapter has been violated, he shall immediately suspend the building permit and/or certificate of occupancy, and such suspension shall remain in effect until correction of all violations shall have been approved by the building inspector and fire marshal.

(Ord. No. 68-15, § 17.05, 10-22-1968; Ord. No. 81-6, § 4, 1-27-1981)

(a)

Fees for inspections and the issuance of permits or certificates or copies thereof required or issued under the provisions of this chapter shall be collected by the building inspector in advance of the issuance of such permits or certificates.

(b)

The amount of such fees shall be established by resolution of the city council, from time to time, and shall cover the cost of inspection and supervision resulting from the enforcement of this chapter. The fees shall be deposited in the general fund of the city.

(Ord. No. 68-15, § 17.06, 10-22-1968)

The city planning commission as established in division 14 of article V of chapter 2, in accordance with Public Act No. 33 of 2008 (MCL 125.3801 et seq.), is hereby designated as the planning commission specified in section 301 of Public Act No. 110 of 2006 (MCL 125.3301), and shall perform the duties of the planning commission as provided in the statute in connection with amendments of this chapter.

(Ord. No. 68-15, § 17.07, 10-22-1968)

(a)

The city council may, upon recommendation from the city planning commission, amend, supplement or change the regulations of the district boundaries of this chapter as established herein, subsequently pursuant to the authority and procedure set forth in Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(b)

Any applicant desiring to have any change made in this chapter shall, with his petition for such change, deposit the sum as currently established or as hereafter adopted by resolution of the city council from time to time with the city treasurer at the time that the petition is filed to cover the publication and other miscellaneous costs for said change.

(Ord. No. 68-15, § 17.08, 10-22-1968)

Where in this chapter there is delegated to the zoning board of appeals or the city planning commission the function of establishing certain physical site improvements as a contingency to securing a zoning amendment, special approval or variance, the zoning board of appeals or the city planning commission may, to ensure strict compliance with any regulation contained herein or required as a condition of the issuance of a permit, require the permittee to furnish a cash deposit, certified check, irrevocable letter of credit, or surety bond acceptable to the city covering the estimated cost of improvements be deposited with the city clerk to ensure faithful completion of the improvements; provided, however, that in fixing the amount of such performance guarantee, the zoning board of appeals or the city planning commission shall take into account the size and scope of the proposed improvement project, current prevailing cost of rehabilitating the premises upon default of the operator, estimated expenses to compel the operator to comply to court decree, and such other factors and conditions as might be relevant in determining the sum reasonable in the light of all facts and circumstances surrounding such application.

(Ord. No. 68-15, § 17.09, 10-22-1968)

State Law reference— Performance guarantee, MCL 125.3505.

It shall be unlawful to use, occupy or permit the use or occupancy of any land, building or structure for which a certificate of compliance is required until a certificate of compliance has been issued by the building department. The certificate shall be signed by the city building inspector, who may also be the city's designated code official under the state construction code and the fire chief or their designated assistants.

(Ord. No. 68-15, § 17.04, 10-22-1968; Ord. No. 2000-2, § 1(17.04A), 11-14-2000; Ord. No. 2004-01, § 1, 3-8-2005)

No certificate of compliance shall be issued for any land, building or structure or part thereof which is not in accordance with this chapter, including any zoning regulation and/or ordinance, all applicable city construction and fire codes and ordinances, the approved site plan, conditions imposed pursuant to local ordinance by the city council, planning commission, building department, city planner or city attorney, building plan and building permit.

(Ord. No. 68-15, § 17.04, 10-22-1968; Ord. No. 2000-2, § 1(17.04B), 11-14-2000; Ord. No. 2004-01, § 1, 3-8-2005)

Accessory buildings or structures shall not require a separate certificate of compliance, but may be included in the certificate of compliance for the principal building or structure when shown on the plans at the time of approval and completed at the same time as the principal building or structure. Accessory buildings or structures not so indicated, or constructed later, shall require the issuance of a separate certificate of compliance.

(Ord. No. 68-15, § 17.04, 10-22-1968; Ord. No. 2000-2, § 1(17.04C), 11-14-2000; Ord. No. 2004-01, § 1, 3-8-2005)

An application for a certificate of compliance shall be made in writing to the building department on forms furnished by the building department and shall be issued within ten business days after receipt of the application or final inspections, whichever occurs last, if the building or structure or part thereof, or land use is in full compliance with this chapter, all applicable city construction and fire codes and ordinances, the approved site plan, building plan, building permit and any condition imposed. If the application for a certificate of compliance is denied, the applicant shall be notified of the reason in writing during the same time period.

(Ord. No. 68-15, § 17.04, 10-22-1968; Ord. No. 2000-2, § 1(17.04D), 11-14-2000; Ord. No. 2004-01, § 1, 3-8-2005)

(a)

A temporary certificate of compliance shall only be issued by the building department for either or both of the following reasons:

(1)

Weather conditions prevent the required work from being completed; or

(2)

An existing and operating business is transferred and will continue to operate without interruption.

(b)

No temporary certificate of compliance shall be issued for any building, structure or property when there is a danger to the public health, safety and welfare.

(c)

Issuance of the temporary certificate of compliance is solely within the discretion of the code official and fire chief. Any certificate so issued shall be signed by the code official and the fire chief or their designated assistants.

(d)

The temporary certificate of compliance shall state those items that must be completed to obtain the certificate of compliance.

(e)

A temporary certificate of compliance shall be issued for no greater period of time than six months if granted for weather reasons and not more than 60 days if granted for other reasons. A temporary certificate of compliance shall not be extended or reissued. The expiration date shall be posted on the temporary certificate of compliance.

(f)

All required and unfinished work and site improvements shall be completed and approved by the appropriate city official prior to the expiration of the temporary certificate of compliance.

(g)

Occupancy of the structure or land shall become void and illegal if a certificate of compliance is not issued and obtained prior to the expiration of the temporary certificate of compliance and shall give rise to all penalties provided by city ordinances and shall, additionally, constitute a basis for relief in circuit court.

(Ord. No. 68-15, § 17.04, 10-22-1968; Ord. No. 2000-2, § 1(17.04E), 11-14-2000; Ord. No. 2004-01, § 1, 3-8-2005)

(a)

Whenever any applicant seeks occupancy of premises prior to the completion of an approved site plan, building plan or the requirements of the city's ordinances, or when the applicant occupies the premises at the time of application for a certificate of compliance or building permit and continued occupancy is contemplated during the time to obtain the certificate of compliance or period of construction, the applicant shall deposit cash, a certified check, an irrevocable bank letter of credit or a corporate surety bond forfeitable to the city in an amount equal to the greater of either a minimum guarantee of $2,000.00 or a guarantee equal to 150 percent of the estimated cost of the remaining improvements pursuant to such plan, all applicable city construction and fire codes and ordinances and the requirements of this chapter or conditions imposed by the city. The estimate of such cost shall be solely at the discretion of either the city code official (building inspector) and/or the city engineer. The term "improvements" includes roadways, parking surfaces, lighting, utilities, sidewalks, screening, drainage and landscaping.

(b)

The cash deposit, certified check, irrevocable bank letter of credit or bond shall run to the city and shall automatically forfeit to the city by its terms and conditions, 15 days after notice is given to the applicant that the requirements imposed by the city, the site or building plan, zoning code or building or fire codes have not been met according to the terms of the temporary certificate of compliance. Notice shall be in writing and sent by first class mail to the last known address of the applicant. Thereafter, the city shall have the right to go onto the property and complete the construction in accordance with the site plan requirements with the funds available. The city may use any contractor or service it wishes to utilize in the completion of the construction. The city may retain 20 percent of the cost of such completion as the city construction administrative expense and refund any balance to the applicant. Notwithstanding the foregoing provision, the city is not required to complete the work and may require the applicant to do so. No part of an irrevocable bank letter of credit or surety bond shall be released to the applicant until all of the work is complete. In the case of a deposit of cash or a certified check, portions of the amount may be rebated as work progresses, at reasonable intervals, provided that at all times the amount on deposit equals the cost of the work to be completed. In the alternative, the applicant may assign the deposit held, less the required administrative expense amount, directly to the contractor employed by the applicant to complete the work. Such assignment shall be on the form provided by the city and cannot be revoked. The city shall disburse the funds according to the assignment as each item of work is completed and passes the required city inspections. The city shall not be liable for any disbursement made pursuant to the assignment or any dispute between the applicant and contractor concerning the quality of the work completed and passed by the city. The city shall not be required to complete the work and may, instead, return the guarantee so posted less five percent for administration expense and declare the building, structure or portion thereof incomplete and render it illegal to occupy the building, structure or portion thereof.

(Ord. No. 68-15, § 17.04, 10-22-1968; Ord. No. 2000-2, § 1(17.04F), 11-14-2000; Ord. No. 2004-01, § 1, 3-8-2005)

A record of all certificates of compliance and temporary certificates of compliance shall be kept as a public record in the building department.

(Ord. No. 68-15, § 17.04, 10-22-1968; Ord. No. 2000-2, § 1(17.04G), 11-14-2000; Ord. No. 2004-01, § 1, 3-8-2005)

There is hereby established a zoning board of appeals which shall perform the duties and exercise the powers provided in this division and article VI of Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(Ord. No. 68-15, § 18.01, 10-22-1968; Ord. No. 2006-11, § 1(18.1), 2-27-2007)

The board shall consist of seven members, who are electors of the city, to be appointed by the city council upon the recommendation of the mayor. One of these members shall be a member of the planning commission. One member of the board shall be a member of the city council. An employee, appointee or contractor of the city shall not be eligible for appointment.

(Ord. No. 68-15, § 18.02, 10-22-1968; Ord. No. 2006-11, § 1(18.2), 2-27-2007)

There shall be one alternate member. The alternate member shall be called to serve on the board when any member will be unable to attend more than one meeting. The alternate shall also be called to serve for the purpose of hearing an appeal and reaching a decision on a case in which a regular member has abstained for reasons of conflict of interest. The alternate selected for this purpose shall continue to sit on that case until a final decision is reached.

(Ord. No. 2006-11, § 1(18.3), 2-27-2007)

(a)

The regular and alternate members of the zoning board of appeals shall serve for a term of three years. The initial appointments to the board shall serve terms as follows:

(1)

Three members for a term of three years;

(2)

Two members for a term of two years; and

(3)

Two members for one year.

Selection of the initial terms shall be by draw of lots. Thereafter all new appointments shall be for three years.

(b)

The planning and zoning and city councilmember shall serve only while a member of the planning commission or city council and is subject to reappointment after three years. The alternate member shall serve for terms of three years. All members may be reappointed to successive terms. A successor shall be appointed not more than one month after the term of the preceding member has expired.

(c)

Vacancies occurring on the board before the expiration of any term shall be reported to the mayor and council and shall be filled by appointment provided herein for the unexpired term.

(Ord. No. 2006-11, § 1(18.4), 2-27-2007)

All members shall serve as such without compensation.

(Ord. No. 2006-11, § 1(18.5), 2-27-2007)

A member of the board may be removed by the city council for misfeasance, malfeasance, or nonfeasance in office upon written charges and after public hearing. A member shall disqualify himself from a vote in which the member has a conflict of interest. Failure of a member to disqualify himself from a vote in which the member has a conflict of interest constitutes malfeasance in office.

(Ord. No. 2006-11, § 1(18.6), 2-27-2007)

Meetings of the board shall be held at the call of the chairperson and at other times as the board may determine or as required by its rules of procedure. The chairperson or, in the chairperson's absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. The councilperson serving on the board shall not be the chairperson. The board shall not conduct business unless a majority of the regular members are present. The board shall maintain a record of its meetings and proceedings and shall file this record with the building department and the city clerk.

(Ord. No. 68-15, § 18.03, 10-22-1968; Ord. No. 2006-11, § 1(18.7), 2-27-2007)

The board shall hear and decide questions that arise in the administration of this chapter, including the interpretation of the zoning maps, and may adopt rules to govern its procedures sitting as a zoning board of appeals. The board shall also hear and decide on matters referred to the board or upon which the board is required to pass under this chapter. It shall hear and decide appeals from and review any administrative order, requirement, decision, or determination made by an administrative official or body charged with enforcement of this chapter. For special land use and planned unit development decisions, an appeal may be taken to the board.

(Ord. No. 2006-11, § 1(18.8), 2-27-2007)

(a)

An appeal to the board may be taken by a person aggrieved or by an officer, department, board or bureau of the state, local unit of government or the city. In addition, a variance in this chapter may be applied for and granted under section 4 of the uniform condemnation procedures act, being MCL 213.54, and as provided in this chapter.

(b)

An appeal shall be filed within 14 days of the order or decision by filing a written request stating the specific grounds for the appeal with the board and the officer or body from whom the appeal is taken.

(c)

Upon receiving notice of the appeal, the body or officer from whom the appeal is taken shall immediately transmit to the board all of the papers and documents that were filed and constituting the record concerning the matter appealed.

(d)

An appeal to the board stays all proceedings in furtherance of the action appealed from unless the body or officer from whom the appeal is taken certifies to the board after the notice of appeal is filed that, by reason of facts stated in the certificate, a stay would in the opinion of the body or officer cause imminent peril to life or property, in which case proceedings may be stayed by a restraining order issued by the board or circuit court.

(e)

Following the receipt of the written request of appeal, the board shall set a reasonable time for the hearing.

(f)

Notice of the hearing shall be given as required by Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(g)

At the hearing, a party may appear in person, by agent or attorney.

(h)

After conducting the hearing, the board shall render a determination and shall state the grounds of any determination made by it. The decision of the board shall be final.

(Ord. No. 68-15, § 18.04, 10-22-1968; Ord. No. 2006-11, § 1(18.9), 2-27-2007)

A fee, as established by council ordinance, shall be paid to the city treasurer at the time the appeal to the zoning board of appeals is filed.

(Ord. No. 68-15, § 18.05, 10-22-1968; Ord. No. 2006-11, § 1(18.10), 2-27-2007)

(a)

Any party aggrieved by a decision of the board may appeal to the circuit court for the county in which the property is located. An appeal shall be filed within 30 days after the board issues its decision in writing signed by the chairperson, if there is a chairperson, or signed by the members of the zoning board of appeals, if there is no chairperson, or within 21 days after the zoning board of appeals approves the minutes of its decision. The court may affirm, reverse, or modify the decision of the zoning board of appeals. The court may make other orders as justice requires.

(b)

The circuit court shall review the record and decision to ensure that the decision meets all of the following requirements:

(1)

Complies with the constitution and laws of the state;

(2)

Is based upon proper procedure;

(3)

Is supported by competent, material and substantial evidence on the record; and

(4)

Represents the reasonable exercise of discretion granted by law to the zoning board of appeals.

(c)

If the court finds the record inadequate to make the review required or finds that additional material evidence exists that with good reason was not presented, the court shall order further proceedings on conditions that the court considers proper. The zoning board of appeals may modify its findings and decision as a result of the new proceedings or may affirm the original decision. The supplementary record and decision shall be filed with the circuit court. The court may affirm, reverse or modify the decision.

(d)

Circuit court shall have jurisdiction to make such further orders as justice may require.

(e)

Any party may appeal the decision of the circuit court to the court of appeals.

(Ord. No. 2006-11, § 1(18.11), 2-27-2007)

(a)

The board may reverse or affirm, in whole or part, or modify the order, requirement, decision, or determination and may issue or direct the issuance of a permit. If there are practical difficulties for nonuse variances or unnecessary hardship for use variances in the way of carrying out the strict letter of this chapter, the board may grant a variance so that the spirit of this chapter is observed, public safety is secured and substantial justice is done.

(b)

The board shall have the authority to grant nonuse variances relating to the construction, structural changes, or alteration of buildings or structures related to dimensional requirements of this chapter or to any other nonuse-related standards in this chapter. A majority vote of the board is necessary to reverse an order, requirement, decision, or determination or the administrative official or body, to decide in favor of the applicant.

(c)

Additionally, the board shall have the authority to grant land use variances. Approval of such variances shall require a vote of two-thirds of the members of the board.

(Ord. No. 68-15, § 18.06, 10-22-1968; Ord. No. 2006-11, § 1(18.12), 2-27-2007)

In consideration of all appeals and all proposed variations to this chapter, the board shall, before making any variations from the chapter in a specific case:

(1)

First determine that the proposed variation involves exceptional circumstances not found in other areas of the same district;

(2)

Will not in any other respect impair the public health, safety, comfort, or welfare of the inhabitants of the city; and

(3)

In addition meets the following general standards:

a.

The proposed use will be of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood.

b.

The proposed use will be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular turning movements in relation to routes of traffic flow, proximity and relationship to intersections, adequacy of sight distances, location and access of off-street parking and provisions for pedestrian traffic, with particular attention to minimizing child-vehicle contacts in residential districts.

c.

The location, size, intensity, site layout and periods of operation of any such proposed use will be designed to eliminate any possible nuisance emanating therefrom which might be noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke or lights.

d.

The location and height of buildings or structures and the location, nature and height of walls and fences will be such that the proposed use will not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.

(Ord. No. 2006-11, § 1(18.13), 2-27-2007)

No order of the board permitting the erection or alteration of a building shall be valid for a period longer than 12 months unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with such permit.

(Ord. No. 68-15, § 18.08, 10-22-1968; Ord. No. 2006-11, § 1(18.14), 2-27-2007)