A.

The provisions of this ordinance shall be administered by the city commission for the City of Boyne City in accordance with the State of Michigan, Act 207, of the Public Acts of 1921, as amended.

B.

The city commission shall authorize the planning director or zoning administrator to act as its officer and, except as otherwise provided in this ordinance, the planning director or his representative shall administer and enforce this ordinance, including the receiving and processing of applications for zoning permits, appeals for variances or other matters the zoning board of appeals or planning commission is required to decide. The planning director or his representative shall also be responsible for the inspection of premises, the issuance of zoning permits and institution of proceedings for the enforcement of the provisions of this zoning ordinance.

A.

It shall be unlawful for any person to commence excavation for any building or structure or to commence the erection, addition, alteration or repair of any building, structure or parking area or repair or move any building or structure; and no land use shall be commenced until a zoning permit has been secured from the planning director or zoning administrator. Except upon written order of the zoning board of appeals, no such zoning permit shall be issued for any building where the construction, addition, alteration or use thereof would be in violation of any of the provisions of this ordinance.

B.

Exempted from the zoning permit requirements are facial alterations, structures of 100 square feet or less, installation of siding, windows, doors, shingles, and replacements of existing or deteriorated materials and ordinary maintenance repairs made on all dwellings and their related outbuildings. This exemption does not eliminate the necessity for compliance with other county, state, or federal permitting requirements.

A.

Application for a zoning permit shall be filed in writing with the city signed by the person, firm, co-partnership or corporation requesting the same or by the duly authorized agent of such person, firm, co-partnership or corporation. Prior to submitting the application, all corners of the property and the corners of the proposed structure(s) shall be staked. There shall be submitted with all applications for zoning permits one copy of a plot plan, giving accurate dimensions on either a scale drawing or a rough sketch. Drawings shall be required on all structures and shall contain the following information:

1.

Legal description;

2.

Existing and intended use of the structure;

3.

Lines and dimensions of the lots to be used;

4.

Location upon the lot of all existing and proposed structures and any streets bordering the property;

5.

Application for zoning permits under the provision of this ordinance shall be accompanied by evidence of ownership of all property affected by the coverage of the permit;

6.

Evidence that all required federal, state and county licenses or permits have been acquired or that applications have been filed for same;

7.

Other information with respect to the proposed structure, use, lot and adjoining property as may be required by the planning director or zoning administrator; [and]

8.

Evidence that any public infrastructure complies with the city's construction standard.

B.

The written approval of the water supply and sewage disposal facilities, when required from the Charlevoix County Health Department or the Boyne City Water and Sewer Department shall accompany the zoning permit, which shall be filed and retained by the office of the planning director or zoning administrator. In addition, zoning permits will not be issued for lots or parcels with frontage on undeveloped major, local or private streets. It shall be the responsibility of the developer(s) to bring that unimproved street up to the city construction standards when seeking to build on lots or parcels fronting on unimproved streets or roads.

C.

Aesthetic design. Any structure shall be compatible in design and appearance with the characteristics of the neighborhood and community. For any structure, a zoning permit shall be required prior to construction or placement upon any building site. The planning director shall review said plans for compatibility in design and appearance with the existing characteristics of the neighborhood and the community. In the event of disapproval thereof by the planning director, the applicant shall have the right to appeal such decision to the zoning board of appeals for further review and consideration. The zoning board of appeals shall have the authority to overrule or concur with the decision of the planning director in this regard.

In determining compatibility with community aesthetic standards, the reviewing officer or board shall consider but not be limited to the following: exterior vertical and horizontal dimensions; roof design; exterior siding materials, texture or finish, and application thereof; foundation appearance; window and door appearance; and building shapes and sizes.

D.

In cases of minor alterations, the planning director or zoning administrator may waive portions of the foregoing requirements obviously not necessary for determination of compliance with this ordinance.

E.

Any permit required by this zoning ordinance shall be displayed face out, within 24 hours of its issuance by placing the same in a conspicuous place on the premises facing the nearest street and shall be continuously so displayed until all work is completed.

Zoning permits shall expire two years from the date of issuance.

(Ord. of 6-24-2008)

The city commission may, from time to time, prescribe and amend, by resolution, a reasonable schedule of fees to be charged to applicants wishing to rezone, seek development plan approval, or obtain a zoning permit within the City of Boyne City. Before the application is considered, the applicant, with the exception of the city or a city official acting on behalf of the city, shall deposit said fee with the city treasurer.

It shall be unlawful to use or permit the use of any structure or premises hereafter altered, extended or erected, until the planning director or zoning administrator or his representative shall have made an inspection of the premises and shall have approved the same for occupancy.

A.

Any person who violates any provision of this ordinance is responsible for a municipal civil infraction, subject to payment of a civil fine pursuant to the City of Boyne City Municipal Civil Infraction Ordinance, as amended, plus costs and other sanctions, for each violation (as authorized by section 24 of Act 184 of the Public Acts of Michigan of 1943, as amended, the City of Boyne City Municipal Civil Infraction Ordinance, and other applicable laws).

B.

Repeat offenses under this ordinance shall be subject to increased fines, as provided by the City of Boyne City Municipal Civil Infraction Ordinance, as amended.

C.

Each day on which any violation of this ordinance occurs or continues constitutes a separate offense, subject to separate sanctions. The paying of a fine or sanctions under this ordinance shall not exempt the offender from meeting the requirements of this ordinance.

D.

The city's planning director, and the city's authorized city officials (as defined by the Municipal Civil Infraction Ordinance, as amended) are hereby designated as the authorized city officials to issue municipal civil infraction citations for violations of this ordinance.

E.

A violation of this ordinance is deemed to be a nuisance, per se. In addition to any remedies available at law, the city may bring an action for an injunction or other process against any person to restrain, prevent or abate any violation of this ordinance.

In interpreting and applying the provisions of this ordinance, the provisions shall be held to be the minimum requirements adopted for the promotion of the public safety, health, convenience, comfort, prosperity and general welfare. It is not intended by this ordinance to interfere with or abrogate or annual any easements, covenants or other agreements between parties; provided, however, that where this ordinance imposes a greater restriction upon the use of a building or land than existing easements, covenants or other agreements, the provisions of this ordinance shall govern or control. Whenever the requirements of this ordinance differ from the requirements of other lawfully adopted rules, regulations or ordinances, the most restrictive, or that imposing the higher standards, shall govern.