A.

Authority. Except where herein otherwise stated, the provisions of this ordinance shall be administered by the zoning administrator, or such other official or officials as may be designated by the city council. The zoning administrator shall have the power to:

1.

Grant certificates of occupancy;

2.

Make inspections of buildings and premises necessary to carry out the duties of administration and enforcement of this ordinance;

3.

Issue and serve appearance tickets on any person with respect to any violation of this ordinance where there is reasonable cause to believe that the person has committed such an offense; and

4.

Perform such other functions necessary and proper to enforce and administer the provisions of this ordinance.

A.

Zoning permits.

1.

No building, structure, or commercial sign shall be erected, altered, moved, or substantially repaired unless a zoning permit shall have been first issued for such work.

2.

No zoning permit shall be issued for the erection, alteration, or use of any building or structure or for the use of any land that is not in accordance with all provisions of this ordinance.

B.

Building permits.

1.

No building permit shall be issued for the erection, alteration, or use of any building or structure or for the use of any land unless a zoning permit shall have been first issued for such work.

2.

The holder of every building permit for the construction, erection, alteration, repair, or moving of any building or structure shall notify the building inspector immediately upon completion of the work authorized by the permit for a final inspection.

C.

Certificate of occupancy.

1.

No vacant land shall be used, and no existing use of land shall be changed to a different class of use unless a certificate of occupancy is first obtained for the new or different use.

2.

No building or structure that is hereafter erected or altered shall be occupied or used unless and until a certificate of occupancy shall have been issued for such building or structure.

3.

Certificates of occupancy, as required by the currently adopted building code for the city, shall also constitute certification of compliance with the zoning ordinance.

4.

A record of all certificates of occupancy issued shall be kept on file in the office of the zoning administrator and copies shall be furnished upon request to any person owning or renting the property that is the subject of the certificate.

D.

Fees for the inspection and issuance of zoning permits, building permits, or certificates of occupancy, or copies required or issued under the provisions of this ordinance, may be collected by the city in advance of issuance. The amount of such fees shall be established by resolution of the city council and shall cover the cost of inspection and supervision resulting from the enforcement of this ordinance.

(Ord. No. 459, pt. 29, 4-17-01)

A.

Violations; municipal civil infractions; nuisance per se.

1.

Any person, corporation, firm, or other entity who violates, disobeys, omits, neglects or refuses to comply with any provision of this ordinance or any condition or requirement of any permit, certificate, plan, agreement, variance or other approval or authorization granted under this ordinance is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than one hundred dollars ($100.00), plus costs and other sanctions, for each violation. Each day that a violation continues shall constitute a separate offense. Repeat offenses shall be subject to increased fines as provided by section 1-19(c)(2) of the City Code, except that the increased fine for a repeat offense shall be as follows:

a.

The fine for any offense which is a first repeat offense shall be no less than five hundred dollars ($500.00), plus costs and other sanctions.

b.

The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be no less than one thousand dollars ($1,000.00), plus costs and other sanctions.

c.

The fine for violation of provisions of this zoning code which forbid parking on a residential lot between the right-of-way and the front of the structure on that lot, which is not properly constructed and allowed off street parking area under this zoning code, shall be twenty-five dollars ($25.00), plus cost, fees, or other sanctions for each offense.

2.

In addition to the zoning administrator and the building official, any authorized city official, as provided by chapter 3 of the City Code, is authorized to issue municipal civil infraction citations (directing alleged violators to appear in court) or municipal civil infraction violation notices (directing the alleged violators to appear at the city municipal ordinance violations bureau) for violations under this ordinance.

3.

Any building erected, moved, altered, razed, or converted, or any use of land which is begun or changed subsequent to the effective date of this ordinance, or its amendment, that is in violation of any provision of this ordinance or any condition or requirement of any permit, certificate, plan, agreement, variance or other approval or authorization granted under this ordinance, is hereby declared to be a nuisance per se, and shall be abated by any court of competent jurisdiction.

B.

Performance guarantees.

1.

As a condition of approval of a private street, site plan review, special land use, or planned unit development, the planning commission or city council, whichever is designated as the approving authority, may require a financial guarantee of sufficient sum to assure the installation of those features or components of the approved activity or construction which are considered necessary to protect the health, safety, and welfare of the public and of users or inhabitants of the proposed development. Such features or components, hereafter referred to as "improvements," may include, but shall not be limited to, roadways, curbing, landscaping, fencing, walls, screening, lighting, drainage facilities, sidewalks, driveways, utilities, and similar items.

2.

Performance guarantees shall be processed in the following manner:

a.

Prior to the issuance of a certificate of occupancy, the applicant shall submit an itemized estimate of the cost of the required improvements which are subject to the performance guarantee, which shall then be reviewed by the zoning administrator. The amount of the performance guarantee shall be one hundred (100) percent of the cost of purchasing materials and installing the required improvements, plus the cost of necessary engineering and a reasonable amount for contingencies.

b.

The required performance guarantee may be in the form of a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the city.

c.

Upon receipt of the required performance guarantee, the zoning administrator shall issue a building permit for the subject development or activity, provided it is in compliance with all other applicable provisions of this ordinance and other applicable ordinances of the city.

d.

The zoning administrator, upon the written request of the obliger, shall rebate portions of the performance guarantee upon determination that the improvements for which the rebate has been requested have been satisfactorily completed. The portion of the performance guarantee to be rebated shall be in the same amount as stated in the itemized cost estimate for the applicable improvements.

e.

When all of the required improvements have been completed, the obliger shall send written notice to the zoning administrator of completion of said improvements. Thereupon, the zoning administrator shall inspect all of the improvements and approve, partially approve, or reject the improvements with a statement of the reasons for any rejections. If partial approval is granted, the cost of the improvement rejected shall be set forth. Where partial approval is granted, the obliger shall be released from liability pursuant to relevant portions of the performance guarantee, except for that portion sufficient to secure completion of the improvements not yet approved.

f.

A record of authorized performance guarantees shall be maintained by the zoning administrator.

(Ord. No. 485, § 1, 12-6-05; Ord. No. 528, § 1, 9-4-12 )

The city council may prescribe and amend by resolution a reasonable schedule of fees to be charged to applicants for any requests or items requiring approval by an official or board. The fee shall be paid to the city treasurer at the time the application for such request is filed. Requests include, but are not limited to the following:

A.

Requests to the board of zoning appeals.

B.

Site plan review.

C.

Rezoning requests and zoning ordinance amendments.

D.

Special land use requests.

E.

Site condominium review.

F.

Planned unit development or amendments to planned unit developments.

G.

Sign permits, and other zoning and building permit fees.

H.

Plat (subdivision) review.

I.

Private streets.

J.

Any other requests or reviews referred to the planning commission.

(Ord. No. 459, pt. 30, 4-17-01)

A.

Amendment to this ordinance may be initiated by the city council on its own motion or, in the manner and pursuant to the procedure herein set forth, may be initiated by any person, firm or corporation filing an application with the city. The planning commission may, at its discretion, also initiate amendments to this ordinance through the zoning administrator and also recommend ordinance amendments to the city council for adoption.

B.

Amendment procedure. Amendments shall be processed as provided for in the Zoning Act, including notification to adjoining property owners, where applicable, and a public hearing. If an amendment is requested by a person, firm or corporation, the request shall be filed on a form provided for that purpose and accompanied by an application fee, as set by the city council.

C.

The following guidelines shall be used by the planning commission, and may be used by the city council in consideration of amendments to the zoning ordinance:

1.

Text amendment:

a.

The proposed text amendment would clarify the intent of the ordinance.

b.

The proposed text amendment would correct an error or oversight in the ordinance.

c.

The proposed text amendment would address changes to the state legislation, recent case law or opinions from the Attorney General of the State of Michigan.

d.

The proposed text amendment would promote compliance with changes in other county, state or federal regulations.

e.

In the event the amendment will add a use to a district, that use shall be fully consistent with the intent of the district and the character of the range of uses provided for within the district.

f.

The amendment will not create incompatible land uses within a zoning district, or between adjacent districts.

g.

The proposed text amendment is supported by the findings of reports, studies, or other documentation on functional requirements, contemporary building practices, environmental requirements and similar technical items.

h.

As applicable, the proposed change shall be consistent with the city's ability to provide adequate public facilities and services.

i.

The proposed change shall be consistent with the city's desire to protect the public health, safety, and welfare of the community.

2.

Map amendment (rezoning):

a.

Whether or not the proposed rezoning is consistent with the goals, policies and future land use map of the City of Belding Master Plan; or, if conditions have changed significantly since the master plan was adopted, consistency with recent development trends in the area.

b.

Whether the proposed district and the uses allowed are compatible with the site's physical, geological, hydrological and other environmental features. The potential uses allowed in the proposed zoning district shall also be compatible with surrounding uses in terms of land suitability, impacts on the community, density, potential influence on property values and traffic impacts.

c.

Whether, if rezoned, the site is capable of accommodating the uses allowed, considering existing or planned infrastructure including roads, sanitary sewers, storm sewer, water, sidewalks, and road lighting.

d.

Other factors deemed appropriate by the planning commission.

D.

Consideration of amendment by the city council. Upon receipt of a report and summary of public hearing comments from the planning commission, as provided for in the Zoning Act, the city council may modify and subsequently adopt the proposed amendment, or adopt it as presented by the planning commission. The city council may refer any proposed modifications back to the planning commission for additional comment.

(Ord. No. 519, 2-1-11)

A.

Intent. 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 could be proposed by property owners as part of a rezoning request. It is the intent of this section to permit a process, consistent with the provisions of section 405 of the Michigan Zoning Enabling Act (MCL 125.3405), 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.

B.

Application and offer of conditions.

1.

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.

2.

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.

3.

The owner's offer of conditions may not purport to authorize uses or developments not otherwise permitted in the requested zoning district.

4.

The owner's offer of conditions shall bear a reasonable and rational relationship to the property for which rezoning is requested.

5.

Any use or development proposed as part of an offer of conditions that would require a special land use permit or site plan review under the terms of this ordinance may only be commenced if a special land use permit or site plan for such use or development is ultimately granted, in accordance with the provisions of this ordinance.

6.

Any use or development proposed as part of an offer of conditions that would require a 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.

7.

The offer of conditions may be amended during the process of rezoning consideration; provided, any amended or withdrawn conditions are entered voluntarily by the owner. If the owner amends or withdraws any proposed conditions subsequent to the planning commission's public hearing on the original rezoning request, the rezoning application shall be referred back to the planning commission for a new public hearing, with appropriate notice, as required by the Zoning Act.

C.

Planning commission review. The planning commission, after public hearing in accordance with the Zoning Act and consideration of the factors for rezoning set forth in section 19.5, may recommend approval or denial of the rezoning.

D.

City council review.

1.

After receipt of the planning commission's recommendation, the city council shall deliberate upon the requested rezoning and may approve or deny the conditional rezoning request. The city council's deliberations shall include, but not be limited to, a consideration of the factors for rezoning set forth in section 19.5.

2.

Should the city council consider amendments to the proposed conditional rezoning that have been offered by the owner, but were not part of the offer of conditions as recommended by the planning commission, the city council shall refer the amendments to the planning commission, in accordance with section 19.6.B.7, proceed thereafter to deny or approve the conditional rezoning.

E.

Approval.

3[1].

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 prepared by the owner and reviewed and approved by the city attorney. The statement of conditions shall be incorporated by attachment to the ordinance adopted by the city council.

4[2].

The statement of conditions shall:

a.

Be in a form recordable with the Register of Deeds of Ionia 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 and approved by the city attorney.

b.

Contain a legal description of the land to which it pertains.

c.

Contain a statement acknowledging that the conditions run with the land and are binding upon successor owners of the land.

d.

Incorporate by attachment or reference any diagram, plans or other documents submitted or approved by the owner that are necessary to illustrate the implementation of the conditions. If any such documents are incorporated by reference, the reference shall specify where the document may be examined.

e.

Contain a statement permitting the statement of conditions, or affidavit or memorandum giving notice thereof, to be recorded by the city with the Register of Deeds of Ionia County.

f.

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.

5[3].

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.

6[4].

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 Ionia County.

7[5].

Once rezoned, the property shall be subject to all applicable requirements of the new zoning district, as modified by any more restrictive provisions contained in the statement of conditions.

F.

Compliance with conditions.

1.

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 approved statement of conditions shall constitute a violation of this zoning ordinance and be punishable accordingly. Additionally, any such violation shall be deemed a nuisance per se and subject to judicial abatement as provided by law.

2.

No permit or approval shall be granted under this ordinance for any use or development that is contrary to the applicable statement of conditions.

G.

Time period for establishing development or use. Unless another time period is specified in the ordinance rezoning the subject property, the approved development and/or use of the property pursuant to building and other required permits must be commenced upon the land within twelve (12) months after the rezoning takes effect and thereafter proceed diligently to completion. This time limitation may, upon written request, be extended by the city council, if both of the following apply:

1.

It is demonstrated to the city council's reasonable satisfaction that there is a strong likelihood the development and/or use will commence within the period of extension and proceed diligently thereafter to completion; and

2.

The city council finds there has not been a change in circumstances 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.

H.

Reversion of zoning. If the approved development and/or use of the rezoned land, in accordance with the approved statement of conditions, does not occur within the time frame or extension specified under subsection G above, the land shall revert to its former zoning classification as set forth in MCL 125.3405. The reversion process shall be initiated by the city council and forwarded to the planning commission to proceed with the process of rezoning of the land to its former zoning classification, in accordance with the provisions of section 19.5.

I.

Subsequent rezoning of land. When land that is rezoned with a statement of conditions is later rezoned to a different zoning classification or to the same zoning classification but with a different or no statement of conditions, the statement of conditions imposed under the former zoning classification shall cease to be in effect. Upon the owner's written request, the city clerk shall record with the Register of Deeds of Ionia County a notice that the statement of conditions is no longer in effect.

J.

Amendment of conditions.

1.

During the time period for commencement of an approved development or use specified pursuant to subsection G 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.

2.

The statement of conditions may be amended only upon written voluntary request of the owner, in the same manner as was prescribed for the original rezoning and statement of conditions.

K.

City right to rezone. The city shall have the right, regardless of any conditions imposed on a property, to change the zoning classification of all or any portion of that property or to amend the zoning ordinance in any particulars that may affect that property.

L.

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. In addition, the city shall not be required to accept or consider any conditions offered by the owner.

(Ord. No. 519, 2-1-11)