Except where otherwise stated in this chapter, the provisions of this chapter shall be administered by the chief building inspector, or by such other officer as shall be legally designated by the city commission.

(Ord. No. 188, § 1700, 11-8-83)

(a)

The chief building inspector shall have the power to grant zoning compliance and occupancy permits and 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 chief building inspector to approve any plans or issue any permits or certificates of occupancy for any excavation until he has inspected such plans in detail and found them to conform with this chapter.

(b)

The chief building inspector shall record all nonconforming uses existing on November 8, 1983, for the purpose of carrying out the provisions of section 24-228.

(c)

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

(d)

The chief building inspector shall not refuse to issue a permit when conditions imposed by this chapter are complied with by the applicant despite violations of contracts such as covenants or private agreements which may occur upon the granting of such permit.

(Ord. No. 188, § 1701, 11-8-83)

(a)

It shall be unlawful to use or permit the use of any building or land or part thereof hereafter created, erected or altered, or to change or to enlarge any use of any building or land or part thereof until a certificate of occupancy with the provisions of this chapter, properly endorsed as to occupancy, shall have been issued by the chief building inspector.

(b)

No building or structure within the city shall hereafter be erected, moved, repaired, altered or razed, nor shall any work be started on such building to be erected, moved, repaired, altered or razed, until a building permit shall have been obtained from the chief building inspector, nor shall any change made in the use of a building or land without a building permit having been obtained from the chief building inspector, except that no building permit shall be required for nonstructural alterations costing less than five hundred dollars ($500.00). No such building permit shall be issued to erect a building or structure, or make any changes of use of a building or of land unless they are in conformity with the provisions of this chapter, and all amendments thereto. When two (2) or more principal structures and/or buildings are planned for a single land parcel, separate building permits shall be issued for each structure or building and for site development construction.

(c)

Except as otherwise provided, building permits issued by the city shall be valid for a period of six (6) months from date of issuance and all work and activities authorized by the building permit shall be completed within six (6) months from the date of issuance of the building permit. No additional work and/or activities which would have been authorized by the building permit shall be allowed after the expiration of the building permit. Applicant shall submit with the application for a building permit an estimated time schedule for each phase of construction for completion of the building. A person and/or entity who is issued a building permit which is valid for six (6) months may prior to the expiration of the building permit request an extension of time for the building permit to remain valid and the city manager shall grant a reasonable extension of time provided that the applicant establishes to the city manager that the applicant has diligently and/or in good faith attempted to complete the work and/or activities within the initial six (6) month period of validity of the building permit. At the time an application for a building permit is filed with the city, the city manager may grant a building permit which is valid for a period of time longer than six (6) months provided that the applicant can establish that the work and activities requested to be undertaken cannot reasonably be completed within six (6) months.

(d)

Accessory buildings or structures, including reception antenna facilities, that require an approval by the planning commission, zoning board of appeals or city commission under the terms of this ordinance shall not be installed, constructed, erected, used or moved upon property within the city without an accessory structure building permit being applied for and issued. This permit requirement applies notwithstanding the exception for nonstructural alterations costing less than five hundred dollars ($500.00) in subsection (b).

(Ord. No. 188, § 1702, 11-8-83; Ord. No. 241, § 1, 12-11-90; Ord. No. 278, § 2, 5-10-94; Ord. No. 429, § 2-13-18)

The chief building inspector shall require that all applications for building permits shall be accompanied by plans and specifications including a plot plan, in duplicate, drawn to scale, showing the following:

(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 building or other structures already on the lot;

(3)

The existing and intended use of the lot and all such structures upon it including, in 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)

A topographic map of existing conditions including existing natural ground grade, signed and sealed by a registered land surveyor or a civil engineer licensed to practice in the state. The survey shall include either spot grades on a minimum twenty-five (25) foot grid or contour elevations at a minimum interval of two (2) feet.

A record of such plans shall be kept in the office of the chief building inspector.

(Ord. No. 188, § 1703, 11-8-83; Ord. No. 246, § 3, 6-11-91)

No land, building or part thereof shall be occupied by or for any use unless and until a certificate of occupancy shall have been issued for such new use or any such change in use. The following shall apply in the issuance of any certificate:

(1)

Certificates not to be issued. No certificates of occupancy pursuant to the building code shall be issued for any building, structure or part thereof, or for the use of any land which is not in accordance with all the provisions of this chapter; and, additionally, the following requirements are complied with and approved by the building inspector:

a.

Prior to the issuance of a certificate of occupancy, a grading certificate prepared, signed, and sealed by a registered professional civil engineer or a registered professional land surveyor shall be submitted to the building inspector. The grading certificate shall be submitted in duplicate, attesting to the fact that the site has been constructed and graded in accordance with the approved grading plan. The grading certificate shall also state that the permanent irons at each lot corner are in evidence, and that the drainage pattern is in accordance with the grading plan as approved at the time of issuance of the building permit.

b.

If, at the completion of the building project, and if for reasons beyond the control of the applicant, such as when weather conditions make finish grading unfeasible to be completed, the applicant shall, in lieu of a grading certificate, post a financial guarantee with the city in the form of a cash bond. This alternative may be used at the discretion of the building inspector, and the bond shall be in an amount set by the building inspector to insure completion of the finish grading and the submission of such certificate within nine (9) months, or at the next opportunity. In such case, a temporary certificate of occupancy may be issued, in accordance with the terms of this article, and the date for completion of grading shall be indicated on the temporary certificate of occupancy or its related documents.

c.

Prior to the issuance of a certificate of occupancy, permanent lawn grass ground cover shall be installed by seeding or sodding, pursuant to written specifications of seed, sod, soil and time of planting approved by the building inspector. Permanent ground cover other than lawn grass may be substituted in disturbed areas, subject to approval by the building inspector.

d.

If the above-prescribed final grading is not completed, and the above-prescribed ground cover is not established and thriving at the time of application for the certificate of occupancy, the applicant shall post a financial guarantee with the city in the form of a cash bond in an amount estimated by the building inspector necessary to ensure completion thereof within nine (9) months. All temporary erosion control measures must remain in place until such time that the ground cover is established.

(2)

Certificates required. No building or structure, or parts thereof, which is hereafter erected or altered shall be occupied or used or the same caused to be done unless and until a certificate of occupancy shall have been issued for such building or structure.

(3)

Certificates including zoning. Certificates of occupancy as required by the building code for new buildings or structures, or parts thereof, or for alterations to or changes of use of existing buildings or structures shall also constitute certificates of occupancy as required by this chapter.

(4)

Certificates for existing buildings. Certificates of occupancy will be issued for existing buildings, structures, or parts thereof, or existing uses of land if, after inspection, it is found that such buildings, structures, or parts thereof, or such use of land are in conformity with the provisions of this chapter.

(5)

Temporary certificates. Nothing in this chapter shall prevent the issuance of a temporary certificate of occupancy for a portion of a building or structure in process of erection or alteration, provided that such temporary certificate shall not be effective for a period of time in excess of six (6) months, and provided further that such portion of the building, structure or premises is in conformity with the provisions of this chapter.

(6)

Record of certificates. A record of all certificates issued shall be kept on file in the office of the chief building inspector and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property involved.

(7)

Certificates for dwelling accessory buildings. Buildings accessory to dwellings shall not require separate certificates of occupancy but may be included in the certificate of occupancy for the dwelling when shown on the plot plan and when completed at the same time as such dwelling.

(8)

Application for certificates. Application for certificates of occupancy shall be made in writing to the chief building inspector on forms furnished by the city and such certificates shall be issued within ten (10) days after receipt of such application if it is found that the building or structure, or part thereof, or the use of land is in accordance with the provisions of this chapter. If such certificate is refused for cause, the applicant, therefore, shall be notified of such refusal and cause thereof within the aforesaid ten-day period.

(Ord. No. 188, § 1704, 11-8-83; Ord. No. 366, § 1, 12-11-07)

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

(Ord. No. 188, § 1705, 11-8-83)

Fees for the inspection and the issuance of permits or certificates or copies thereof required or issued under the provisions of this chapter shall be collected by the chief building inspector in advance of issuance. The amount of such fees shall be established by resolution of the city commission and shall cover the cost of inspection and supervision resulting from enforcement of this chapter.

(Ord. No. 188, § 1706, 11-8-83)

For uses making reference to this section, and in all applications for special approval, notice of the public hearing before the planning commission or the city commission shall be given as follows:

(1)

The planning commission shall review all proposed zoning ordinances or amendments thereto and shall hold a public hearing thereon if such hearing is required by this article, chapter 24 of this Code or PA 110 of the Public Acts of 2006, as amended (being the Michigan Zoning Enabling Act, MCL 125.3101, et seq.), and shall provide notice of the public hearing in accordance with the following:

(a)

Except as otherwise provided in PA 110 of the Public Acts of 2006, as amended, if the planning commission holds a public hearing, notice of the public hearing shall first be published in a newspaper of general circulation in the city not less than fifteen (15) days before the date of the hearing.

(b)

For applications involving the rezoning of ten (10) or fewer adjacent properties and for other applications as to which a public hearing is required under this article, chapter 24 of this Code or PA 110 of the Public Acts of 2006, as amended, a notice of public hearing shall be given to the following individuals by depositing said notice during normal business hours with the United States postal service:

(i)

The applicant and the owner of the subject property, if different from the applicant.

(ii)

All persons to whom real property is assessed for property taxes within five hundred (500) feet of the property that is the subject of the application regardless of whether the property or structure is located in the city.

(iii)

One (1) occupant of each dwelling unit or spatial area in each building that contains four (4) or less dwelling units and is located within five hundred (500) feet of the subject property regardless of whether it is located in the city.

(iv)

The owner or manager of a building containing more than four (4) dwelling units, who shall be requested in writing to post the notices at the primary entrance of the building, but failure of such posting shall not constitute a lack of notice to the owners or occupants of such dwelling units.

(v)

If the above-described five hundred-foot radius extends outside the city's boundaries, the notice shall nevertheless be provided outside the city's boundaries, within the five hundred-foot radius, to all persons stated above in this subsection.

(c)

The notices of public hearing under this section shall include the following information:

(i)

A description of the application or request.

(ii)

An identification of the property that is the subject of the applications or request. The notice shall include a listing of all existing street addresses within the property; provided, however, that street addresses do not need to be created and listed if no such addresses currently exist within the property; and provided further that street addresses do not need to be listed if eleven (11) or more adjacent properties are being proposed for rezoning.

(iii)

The date and time the application or request will be considered, and the location of the public hearing.

(iv)

The location or address where written comments concerning the application or request will be received, and the period of time within which such written comments may be submitted.

(v)

Any other information required under PA 110 of the Public Acts of 2006, as amended, being the Michigan Zoning Enabling Act, MCL 125.3101, et seq.

(2)

Following city commission adoption of a zoning ordinance or any subsequent amendments thereof, the zoning ordinance or subsequent amendments shall be filed with the clerk of the city, and a notice of ordinance adoption shall be published in a newspaper of general circulation in the city within fifteen (15) days after adoption.

(Ord. No. 330, § 6, 12-10-02; Ord. 393, § 1, 8-9-11)