Bellevue City Zoning Code
ARTICLE XXIV
Administration
[Amended 1-22-2018 by Ord. No. 2018-001]
§ 155-24.01 Purpose.
It is the purpose of this article to provide for the administration and enforcement of this chapter, including the creation of a review and permit process. The primary permit process shall require the issuance of a zoning permit which shall indicate that the uses and plans for which the permit is requested comply with this chapter. Upon the issuance of a zoning permit, the applicant may establish the use for which the permit has been issued, including the erection of a building or structure, provided a building permit has been obtained from the Building Inspector demonstrating conformance to the requirements of the construction code.
§ 155-24.02 Zoning permit required.
A.
When zoning permit required. Except as provided in Subsection C, none of the following shall occur until the Zoning Administrator has issued a zoning permit that shall signify the proposed activity conforms to the requirements of this chapter and, where required by state law, the Building Inspector certifies proposed structures and buildings comply with the Construction Code through the issuance of a building permit:
(1)
The initiation of any grading or excavation.
(2)
The erection, enlargement, alteration, movement or demolition of any wall, structure or building.
(3)
The use of any land or building or change in the use of any land or building including the conversion of an abandoned building to an active use.
B.
Zoning permit form/approval. A zoning permit shall be on a form established for such purpose and the completed form shall identify the specific use authorized, the drawings that graphically portray the proposed alterations and improvements to the property, and any conditions made part of such permit. No zoning permit or building permit shall be issued for any structure, building or use of land where the use, construction, addition, or alteration would be in violation of this chapter. See § 155-24.04 regarding application review procedures.
C.
Zoning permit exemption. A zoning permit shall not be required for the following or as provided elsewhere in this chapter, but the following shall be subject to the standards and other requirements of this chapter:
(1)
The alteration of any wall of any building provided no change is made to the location of an exterior wall and such alterations are in compliance with all requirements and standards of this chapter. A building permit may be necessary for such an alteration pursuant to the Construction Code.
(2)
Grading and/or excavation to a depth no greater than 12 inches in association with ground care, landscaping or agricultural field contouring.
(3)
Agricultural buildings on a farm in the AG District and fences used in association with such agriculture.
(4)
Structures that do not exceed 200 square feet in area, excluding additions to existing structures where the total square feet of the structure and additions exceeds 200 square feet.
§ 155-24.03 Responsibility for administration.
A.
General administration. The administration and enforcement of this chapter shall be the responsibility of the Village Council, Planning Commission, Zoning Board of Appeals, and such personnel as designated by the Village Council in accordance with PA 110 of 2006, as amended, and this chapter. The Village Council shall appoint a Zoning Administrator who shall act as an officer in the administration and enforcement of this chapter. The Zoning Administrator may simultaneously serve as the Building Inspector.
B.
Duties of the zoning administrator. Under no circumstances is the Zoning Administrator permitted to make changes in this chapter, nor to vary the terms of this chapter while carrying out the duties prescribed herein. The Zoning Administrator shall perform the duties specified in this chapter including, at a minimum:
(1)
Provision of application forms. The Zoning Administrator shall make available zoning administration forms as necessary for the efficient and comprehensive administration of this chapter.
(2)
Review applications. Undertake and/or assist in the review of zoning permit applications and other applications made under this chapter, including applications for plot plans, site plans, special land use approvals, and variances.
(3)
Issue zoning permits. Issue zoning permits and other approvals when all provisions of this chapter have been met and the necessary approval has been granted by the designated body or official.
(4)
File of applications. Maintain files of all applications submitted under this chapter, actions on such applications, and any performance guarantees associated with permits.
(5)
Inspections and violations. Assist in the investigation and resolution of violations of this chapter including inspections to investigate, monitor and ensure conformance with this chapter.
(6)
Record of complaints. The Zoning Administrator shall keep a record of any complaint of a violation of this chapter and of the action taken consequent to each complaint.
(7)
Reports/meetings. The Zoning Administrator shall report to the Planning Commission, Zoning Board of Appeals, and Village Council, to report on activities pertaining to the issuance of permits, complaints of violation, actions taken on such complaints, and other Ordinance administrative and enforcement matters as may arise. The Zoning Administrator shall attend meetings of the Planning Commission, Zoning Board of Appeals, and Village Council, as may be requested, in association with such reports.
§ 155-24.04 Zoning permit application and review procedures.
A.
General application and review procedures. An application for a zoning permit shall be available from the Zoning Administrator. Upon approval of the application, which is to include, at a minimum, the application form and all required supporting data and documents including a plot plan or site plan, a zoning permit shall be issued.
(1)
Single-family and two-family dwellings. Whenever the Zoning Administrator determines an application for a single-family or two-family dwelling and accessory uses and structures thereto is in conformity with the provisions of this chapter, the Zoning Administrator shall issue the zoning permit . See § 155-24.04B.
(2)
Buildings and structures not associated with single-family or two-family dwellings. Zoning permit applications for uses, buildings and structures not associated with a single-family or two-family dwelling shall be issued by the Zoning Administrator only after the Planning Commission approves such application and directs the Zoning Administration to issue a zoning permit, except that in the case of a special land use application, only after the Village Council, following receipt of a Planning Commission recommendation, directs the Zoning Administrator to do so.
(3)
Plot plan/site plan. An application for a zoning permit shall include the submittal of a plot plan or site plan. An application for a single-family or two-family dwelling and accessory structures thereto shall include the submittal of a plot plan according to Subsection B below. A site plan shall be required for all other uses, structures and buildings and shall be prepared according to Article XXII (Site Plan Review) unless provided otherwise by this chapter.
(4)
Special land uses. In addition to meeting the site plan requirements of Article XXII, a Zoning Permit application for a use classified as a "special land use" according to the district in which the lot is located or elsewhere in this chapter, shall be processed according to the provisions of Article XVII (Special Land Uses), which requires Village Council action after receipt of a Planning Commission recommendation.
(5)
Variances. Where the approval of a variance by the Zoning Board of Appeals pursuant to Article XXVI is necessary for the approval of a proposed plot plan or site plan, no such plot plan or site plan shall be acted upon by the Zoning Administrator, Planning Commission or Village Council, nor shall such project be issued a zoning permit, until action on such variance request has first been acted upon by the Zoning Board of Appeals.
(6)
Incomplete applications. If zoning permit application materials are not administratively complete when received by the body that is to take action on the application, the body may deny such application or otherwise delay action on the application until it is made complete in a readily comprehensible manner.
(7)
Performance guarantees. A performance guarantee may be required as a condition to the issuance of a permit in order to ensure conformance with the requirements of this chapter, according to § 155-31.06.
(8)
Permit refusal in writing. In any case where a zoning permit or other approval requested under this chapter is refused, the reasons shall be provided to the applicant in writing by the Zoning Administrator. Such notification may include a copy of the meeting minutes and motion containing such reasons.
B.
Single-family dwellings, two-family dwellings and agricultural buildings/plot plan approval.
(1)
Application required. Application for a zoning permit for a single-family or two-family dwelling, including alterations and accessory structures and buildings thereto, and agricultural buildings, shall be submitted to the Zoning Administrator on a form for that purpose. See § 155-24.02C for exceptions. Three copies of all application materials shall be submitted and shall consist of:
(a)
The completed application form, and all permit applications, approvals and supporting documents associated with required county, state or federal permits including county soil erosion control and stormwater management permits, MDOT permits, and state wetland permits.
(b)
An accurate, readable, drawing of scale not less than one inch equals 40 feet, constituting a plot plan, identifying:
[1]
Name, address and telephone number of the applicant (and owner if different).
[2]
A scaled property drawing showing lot lines, dimensions, bearings, lot area, legal description, and an arrow pointing north. The Zoning Administrator may require a property survey prepared by a Michigan-licensed surveyor where conditions are present that necessitate a greater level of detail and/or accuracy regarding the location of property lines and/or buildings, such as in the case of an existing or proposed building in the immediate proximity of a lot line.
[3]
The location and footprint of existing structures, and the location, height, footprint and scaled floor plans of proposed structures to be erected, altered, or moved on the lot.
[4]
Distances of buildings and structures from lot lines.
[5]
A description of proposed use(s) of the building(s), land and structures, including the number of bedrooms.
[6]
Configuration of the driveway and parking areas.
[7]
Existing public and private rights-of-way and easements.
[8]
Existing and/or proposed location of septic drain field and potable water well and/or public sewer and water lines.
[9]
In the case of a corner lot, the designated side and rear yard.
[10]
Any other information deemed necessary to determine Ordinance compliance and provide for the enforcement of the Ordinance.
(2)
Application review. The Zoning Administrator shall review a zoning permit application and determine its conformity with the provisions of this chapter.
(3)
Action on application. After conducting a review, the Zoning Administrator shall deny, approve, or conditionally approve the application as it pertains to requirements and standards contained in this chapter. The applicant shall be notified, in writing, of the Zoning Administrator's action on the application including any conditions associated with an approval. The decision by the Zoning Administrator shall be made within 15 days of the receipt of a complete application including copies of all required county, state and federal applications and permits. A plot plan shall be approved if it contains the information required by, and is in compliance with this chapter.
(4)
Approved plot plans. At least two copies of an approved application, with any conditions contained within, shall be maintained as part of the Village records. A third copy shall be returned to the applicant. Each copy of the approved plans shall be signed and dated with the date of approval by the Zoning Administrator. If any variances from this chapter have been obtained from the Zoning Board of Appeals, the minutes concerning the variances, duly signed, shall also be filed with the Village records as a part of the application and delivered to the applicant.
(5)
Plot plan changes. The Zoning Administrator shall review and act on proposed changes to an approved plot plan in the same manner as described by this Subsection B.
C.
Permit withholding, revocation and expiration.
(1)
Withholding permit. A designated approving body, including in the case of a variance approval by the Zoning Board of Appeals, may withhold approval of an application pending verification that an applicant has received required county, state or federal permits. Similarly, such body may condition its approval of the requested application on the receipt of such permits.
(2)
Revocation. A body that grants approval of a permit or application under this chapter may revoke or cancel such approval in the case of failure or neglect to comply with this chapter, or in the case of any false statement or misrepresentation in the application. The Zoning Administrator may issue a stop-work order to halt all construction activities and/or use of the premises pending a revocation decision.
(3)
Expiration of permit.
(a)
A zoning permit, including the approved plot plan or site plan upon which the permit is based and including in the case of a special land use, shall expire after one year from the date of granting such permit unless the development proposed or activity authorized shall have passed its first building inspection by the Building Inspector.
[1]
Where a zoning permit does not provide for an immediate building or structure, such as in the case of a platted subdivision or site condominium, such permit shall become null and void after one year from the date of granting such permit unless the clearing, preliminary grading, and survey staking of streets and drives shall have been completed within such time. Such permit shall become null and void after two years from the date of granting such permit unless utilities and accessways, including streets, have been completed.
(b)
The body that approved a zoning permit may waive or extend the period of time in which the permit is to expire, for multiple periods with each period not to exceed one year, if it is satisfied that the owner or developer is maintaining a good faith intention to proceed with construction and even though the permit and plot/site plan may not comply with the most current standards of this chapter due to amendments since the issuance of the permit.
[1]
In the case where the original zoning permit is to expire more than three years following the initial issuance of the permit, no extension shall be granted unless the body that approved the permit finds that surrounding conditions and land uses, and the most current standards of this chapter, continue to support the adequacy of the plot/site plan, and the owner or developer is maintaining a good faith intention to proceed with construction.
[2]
In the case of a multi-phased project, the expiration of a zoning permit for a specific phase shall similarly result in the expiration of all zoning permits previously granted for subsequent phases.
(c)
Should a Zoning Permit expire, such use, building and/or activity shall not be initiated or continued except upon reapplication, subject to the provisions of all ordinances in effect at the time of reapplication. Upon expiration of the permit, failure to terminate the use for which the permit was issued is declared to be a nuisance per se and a violation of this chapter.
§ 155-24.05 Building permit/permit of occupancy required.
A.
Building permit. No grading, excavation, or construction shall be initiated prior to the issuance of a zoning permit except according to the exceptions delineated in § 155-24.02C, and where required by the Construction Code, the Building Inspector certifies proposed structures and buildings comply with the Construction Code through the issuance of a building permit. No alterations or repairs shall be initiated to an existing building or structure prior to the issuance of a zoning permit except according to the exceptions delineated in § 155-24.02C, and, where required by the Construction Code, the Building Inspector certifies proposed alterations and repairs comply with the Construction Code through the issuance of a building permit. The terms "alterations" and "repairs" shall include any changes in structural parts, stairways, type of construction, light or ventilation, and/or means of egress and ingress.
B.
Occupancy permit. No structure or use shall be occupied, in whole or in part, without first receiving a permit for occupancy from the Building Inspector pursuant to the Construction Code.
§ 155-24.06 Timely action on applications.
A.
General intent. All approvals applied for under this chapter shall be acted upon in a timely manner. However, in no case shall the matter of a timely decision undermine the intent of this chapter that all requested approvals undergo the necessary and adequate review to ensure all requirements and standards have been met and the public health, safety and welfare is preserved.
B.
Specific guidelines. The following time provisions shall apply unless provided otherwise by this chapter or special circumstances arise such as delays associated with the acquisition of county, state or federal permits or the submittal of an incomplete application. The prescribed review periods under Subsections B(2) and (4) below require that an application must be received by the Zoning Administrator at least 30 days prior to the meeting when the reviewing body would normally begin deliberation on such application and, if submitted within a lesser time, the reviewing body may delay initiating deliberations until its next regularly scheduled meeting or special meeting called for the purpose of deliberating said application.
(1)
Applications requiring zoning administrator action. A complete application for a zoning permit for a single-family or two-family dwelling or an accessory structure or use thereto shall be acted upon by the Zoning Administrator within 15 days of the submittal of a complete application.
(2)
Applications requiring Planning Commission action. Action on an application by the Planning Commission, as in the case of action on a site plan or amendment petition, shall occur within 90 days of the applicant's submittal of a complete application. Where a public hearing is required to be held, this time frame shall be extended by 30 days.
(3)
Applications requiring Village Council action. Where this chapter requires the Village Council to act on an application, as in the case of a special land use application or rezoning petition, the Village Council shall take action on the application within 90 days of the applicant's submittal of a complete application. Where the Village Council must delay action until receipt of a recommendation from the Planning Commission, the Village Council shall take action on the application within 90 days of such recommendation.
(4)
Applications requiring Zoning Board of Appeals action. Where the Zoning Board of Appeals is required by this chapter to act upon a request for a variance, ordinance interpretation, administrative appeal, or other request as provided by this chapter, the Zoning Board of Appeals shall take action on the request within 60 days of the applicant's submittal of a complete application.
(5)
Public hearing notices. See § 155-24.09.
§ 155-24.07 Application fees.
A.
Application fees required. Fees for the administration and review of development proposals, rezoning requests, actions before the Zoning Board of Appeals, inspections and the issuance of permits required under this chapter shall be deposited with the Zoning Administrator in advance of processing any application. The amount of such fees shall be established by the Village Council and may be revised from time to time. Such fees shall be limited to covering actual costs incurred by the Village and may include but are not limited to costs associated with conducting meetings and inspections, public notices, postage, photocopying, staff time, mileage, and professional assistance.
B.
Professional review and fee. For any application for a zoning permit, variance, or other approval under this chapter, the Village Council or the reviewing body may also require the payment of a professional review fee when professional assistance is desired before a decision is made, due to the character or complexity of the proposal or concern over the potential impacts of the project. The applicant is entitled to a refund of any unused professional review fee and if actual professional review costs exceed the amount of the fee, the applicant shall pay the balance due prior to continued deliberations on such application. The applicant shall receive a copy of any professional review report.
§ 155-24.08 Site inspections.
A.
Inspections authorized. The Zoning Administrator shall have the authority to make inspections of premises, upon request at reasonable times, for the purposes of verifying information on an application, monitoring conformance with the regulations and standards of this chapter, and for any other purpose associated with responsibilities of the Zoning Administrator granted by this chapter. No person shall interfere with the Zoning Administrator in the discharge of his/her duties. The Zoning Administrator may seek a search warrant any time a property owner refuses access to a property in order to make an inspection.
B.
Required inspections. No construction shall be initiated and/or continued except where the Building Inspector has completed required inspections and issued the necessary approval including the staking of proposed foundation walls prior to excavation.
§ 155-24.09 Public hearing notices.
A.
Hearing notice content. Unless otherwise required by the Michigan Zoning Enabling Act or this chapter where applicable, all mail, personal and newspaper notices for public hearings shall do all of the following:
(1)
Describe the nature of the request including whether the request is for a text amendment, Zoning Map amendment (rezoning), special land use, variance, appeal, ordinance interpretation or other purpose.
(2)
Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the subject property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used such as a tax parcel identification number. No street addresses must be listed when 11 or more adjacent properties are proposed for rezoning, or when the request is for an ordinance interpretation not involving a specific property.
(3)
Indicate the date, time and place of the hearing(s).
(4)
Indicate when and where written comments will be received concerning the request.
B.
Recipients and means of notice. Unless otherwise required by the Michigan Zoning Enabling Act or this chapter where applicable, the following shall receive notice of the hearing, which notice shall include the information specified in Subsection A above.
(1)
General public, by publication of the hearing notice in a newspaper of general circulation in the Village.
(2)
To the owners of property for which approval is being considered, and the applicant if the applicant is different than the property owner, by mail or personal delivery.
(3)
To all persons to whom real property is assessed within 300 feet of the boundary of the project subject to the request, and to the occupants of all structures within 300 feet of the property, regardless of whether the property or occupant is located in the Village of Bellevue, by mail or personal delivery. If the name of the occupant is not known, the term "occupant" may be used in making notification.
(a)
Subsection B(3) above shall not apply in the case of rezoning requests involving 11 or more adjacent properties, or an ordinance interpretation request or an appeal of an administrative decision that does not involve a specific property.
(b)
If a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different persons, a single notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure.
(4)
To each electric, gas, and pipeline public utility company, each telecommunication service provider, each railroad operating within the district or zone affected, and the airport manager of each airport, that registers its name and mailing address with the Village Clerk for the purpose of receiving the notice of public hearing, by mail. Such notifications need only be provided in the case of text amendments or Zoning Map amendments to this chapter.
(5)
To any neighborhood organization that registers its name and mailing address with the Village Clerk for the purpose of receiving all or specific notices of public hearings, by mail. Such requests must be renewed every two years to maintain hearing notifications. Fees may be assessed by the Village Council for the provision of these notifications.
C.
Timing of notice and determination of notice given. Unless otherwise required by the Michigan Zoning Enabling Act or this chapter where applicable, all mail, personal and newspaper notices for public hearings shall be made not less than 15 days before the date the request will be considered, including applications for Zoning Map amendments (rezonings), text amendments, special land uses, variances, appeals and ordinance interpretations. The notice under Subsection B shall be considered to be given when personally delivered or when deposited during normal business hours for delivery with the United States postal service or other public or private delivery service.
D.
Confirmation of notices made by mail or personal delivery. The Village Clerk shall prepare a list of property owners and registrants to whom notice was mailed, as well as anyone to whom personal notice was delivered.