The provisions of this ordinance shall be administered and enforced by the Zoning Administrator or any other employees, inspectors, and officials as the Zoning Administrator may delegate to enforce the provisions of the ordinance.  Upon notice that work is being done contrary to the provisions of or without a permit required by this ordinance, the work shall be immediately stopped.  The stop work order shall be in writing and shall be posted on the site or be given to the owner of the property involved, the owner’s agent, or the person doing the work.  The work may resume only after approval from the Building Department of the city.  Any person who shall continue to work after a stop work order is issued shall be in violation of this ordinance.

   (A)   The Zoning Administrator shall have the power to grant building, site, and occupancy permits and to make inspections of buildings, sites, or lots necessary to carry out his or her duties in the enforcement of this ordinance.  It shall be unlawful for the Zoning Administrator to approve any plans or issue a building, site, or occupancy permit for any excavation or construction until he or she has inspected those plans in detail and found them in conformity with this ordinance.  To this end, the Zoning Administrator shall require that every application for a permit for excavation, construction, moving, or alteration or change in type of use or the type of occupancy, be accompanied by written statement and plans or plats drawn to scale, in triplicate (site plan review - 12 copies), and showing the following in sufficient detail to enable the Zoning Administrator to ascertain whether the proposed work or use is in conformance with this ordinance:

      (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 residential areas, the number of dwelling units the building is intended to accommodate; and

      (4)   Other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this ordinance are being observed as required in previous sections (i.e., site plan review, lot splits, and the like).

   (B)   If the proposed excavation, construction, moving, alteration, or use of the land as set forth in the application are in conformity with the provisions of this ordinance, the Zoning Administrator shall issue a building or site permit.  If any application for these permits is not approved, the Zoning Administrator shall state, in writing, on the application, the cause for disapproval.  Issuance of a permit shall in no case be construed as waiving any provisions of this ordinance.

   (C)   Whenever an application for a building or site permit indicates the necessity for constructing an on-site sewage disposal system or water well system on the premises, the Zoning Administrator shall not issue the permit unless the County Health Department shall have approved the site for the construction of those facilities.

   (D)   The Zoning Administrator is under no circumstances permitted to grant exceptions to the meaning of any clause, order, or regulation contained in this ordinance to any person making application to excavate, construct, move, alter, or use buildings, structures, or land within the city.  The Zoning Administrator shall record all nonconforming uses existing at the effective date of this ordinance.

   The following shall apply in the issuance of any permit.

   (A)   Permits required.  It shall be unlawful for any person to commence excavation for, construction of any building or structure, structural changes or repairs in any existing building or structure, or moving of an existing building, without first obtaining a building or site permit from the Zoning Administrator or Building Official.  No permit shall be issued for construction, alteration, or remodeling of any building or structure until an application has been submitted in accordance with the provisions of this ordinance showing that the construction proposed is in compliance with the provisions of this ordinance, with the Building Code, and with other applicable ordinances.

      (1)   No plumbing, electrical, drainage, or other permit shall be issued until the Zoning Administrator or Building Official 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 ordinance.

      (2)   For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

         ALTERATION or REPAIR.  Of an existing building or structure, shall include 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 Building Code, the housing law of the state, or this ordinance, except for minor repairs or changes not involving any of the aforementioned provisions.

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

   (C)   Permits for new use of buildings or structures.  A building permit or site permit shall also be obtained for any change in use of an existing building or structure to a different class or type.

   (A)   It shall be unlawful to use or permit the use of any land, building, or structure for which a building permit and site permit is required and to use or permit to be used any building or structure hereafter altered, extended, erected, repaired, or moved until the Building Official and/or Zoning Administrator shall have issued a certificate of occupancy stating that the provisions of this ordinance have been complied with.

   (B)   The following provisions shall apply.

      (1)   Certificate validity.  The certificate of occupancy, as required for new construction or of renovations to existing buildings and structures in the Building Code, shall also constitute a certificate of occupancy.

      (2)   Records of certificates.  A record of all certificates of occupancy shall be kept in the office of the Building Official and/or Zoning Administrator and copies of the certificates of occupancy shall be furnished upon request to a person or persons having a proprietary or tenancy interest in the property involved.

   The recipient of any building permit and site permit for the construction, erection, alteration, repair, or moving of any building, structure, or part thereof shall notify the Building Official and/or Zoning Administrator or Public Works Director immediately upon the completion of the work authorized by that permit for a final inspection.

   Fees for inspections and the issuance of permits or certificates or copies thereof required or issued under the provisions of this ordinance shall be collected by the Zoning Administrator or Public Works Director in advance of the issuance of the permits or certificates.  The amount of the fees shall be established by the City Council and shall cover the cost of inspection and supervision resulting from the enforcement of this ordinance.

   The City Council may, upon recommendation from the Planning Commission, on a motion or petition from the Commission, amend, supplement, or change the regulations of the district boundaries of this ordinance as established herein, subsequently pursuant to the authority and procedure set forth in Public Act 207 of 1921, as amended, being M.C.L.A. §§ 125.581 - 125.590.  Any applicant desiring to have any change made in this ordinance shall, with his or her petition for that change, deposit a fee as determined by the City Council with the City Treasurer at the time that the petition is filed to cover the publication and other miscellaneous costs for the change.

   The Planning Commission, as herein created, shall have the following specific powers and duties concerning special approvals.

   (A)   Purpose.  In hearing and deciding upon special approvals, the Planning Commission shall base its actions on the theory that the development and execution of a comprehensive zoning ordinance is founded upon the division of the city into districts within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform.  It is recognized, however, that there are variations in the nature of special uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration in each case of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location.  These special uses fall into 2 categories:

      (1)   Uses either municipally operated or operated by publicly regulated utilities or uses traditionally affected with a public interest; and

      (2)   Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

   (B)   Authorization.  The special approval of specific land uses and activities, as required under §§ 157.035(C), 157.036(C), 157.043(C), 157.044(C), 157.046(C), and 157.047(C), may be authorized by the Planning Commission pursuant to the requirements of this section.

   (C)   Application.  An application for special approval for a land use shall be filed and processed in the manner prescribed for application for site plan review in § 157.092 and shall be in that form and accompanied by that information as shall be established from time to time by the Planning Commission.  Any application for special land use approval shall be filed simultaneously with an application for site plan review for the subject use.

   (D)   Notice of request for special approval.  Notice of a request for special approval of a land use shall be in the form of 1 notice published in a newspaper of general circulation in the city, plus a notice sent by mail or by personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the use in question, and to the occupants of all structures within 300 feet, except that the notice shall be given not less than 5 and not more than 15 days before the application will be considered.

      (1)   If the name of the occupant is not known, the term “occupant” may be used in making notification.  Notification need not be given to more than 1 occupant of a structure, except that if a structure contains more than 1 dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, 1 occupant of each unit or spatial area shall receive notice.

      (2)   In the case of a single structure containing more than 4 dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, 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.  The notice shall:

         (a)   Describe the nature of the special land use request;

         (b)   Indicate the property which is the subject of the special land use request;

         (c)   State when and where the special land use request will be considered;

         (d)   Indicate when and where written comments will be received concerning the request; and

         (e)   Indicate that a public hearing on the special land use request may be requested by a property owner or the occupant of a structure located within 300 feet of the boundary of the use being considered for a special use.

   (E)   Hearing.  At the initiative of the Planning Commission, or upon the request of the applicant for special approval of a land use, or a property owner or the occupant of a structure located within 300 feet of the boundary of the use being considered, a public hearing shall be held with notice as provided in subsection (D), before a decision on the special approval request is made.  If the applicant or the Planning Commission requests a public hearing, only notification of the public hearing need be made and no notice of request for special approval, as provided in subsection (D), is required.  A decision on a special approval request which is based on discretionary grounds shall not be made unless notification of the request for special approval, or notification of a public hearing on a special approval request is given as required by this section.

   (F)   Standards.  No special approval shall be granted by the Planning Commission unless the special use:

      (1)   Will reasonably promote the use of land in a socially and economically desirable manner for those persons who will use the proposed land use or activity, for those landowners and residents who are adjacent, and for the city as a whole;

      (2)   Is compatible with adjacent uses of land;

      (3)   Is so designed, located, and proposed to be operated that the public health, safety, and welfare will be protected;

      (4)   Can be adequately served by public services and facilities without diminishing or adversely affecting public services and facilities to existing land uses in the area;

      (5)   Will reasonably protect the natural environment and help conserve natural resources and energy;

      (6)   Is within the provisions of uses requiring special approval as set forth in the various zoning districts herein, is in harmony with the purposes and conforms to the applicable regulations of the zoning district in which it is to be located, and meets applicable site design standards for the particular use; and

      (7)   Is related to the valid exercise of the city’s police power and purposes which are affected by the proposed use or activity.

   (G)   Approval.  Planning Commission may deny, approve, or approve with conditions, requests for special approval of a land use.  The decision on a special approval shall be incorporated in a statement of conclusions relative to the specific land use under consideration.  The decision shall specify the basis for the decision, and any conditions imposed.  If, within 15 days of the decision of the Planning Commission, there is an objection by the applicant or by a property owner or occupant of a structure within 300 feet of the special use being considered, then the matter shall be referred to the City Council for review and action.

   (H)   Record.  The conditions imposed with respect to the special approval of a land use or activity shall be recorded in the record of the special approval action and shall remain unchanged except upon the mutual consent of the Planning Commission and the landowner.  The Planning Commission shall maintain a record of changes granted in conditions.

   (A)   The violation of any provision of the zoning ordinance shall be deemed a municipal civil infraction.