The provisions of this chapter shall be administered and enforced by the zoning administrator or his or her designee.

(Prior Code, § 5.241; Ord. No. 2010-10, § 15, 8-2-2010)

(a)

The zoning administrator or his or her designee shall have the power to grant zoning compliance permits, to make inspections of buildings or premises necessary to carry out his or her duties in the enforcement of this chapter. It shall be unlawful for the zoning administrator or his or her designee to approve any plans or issue any permits until he has inspected such plans in detail and found them to conform with this chapter.

(b)

Under no circumstances is the zoning administrator or his or her designee permitted to make changes to this chapter nor to vary the terms of this chapter in carrying out his or her duties as zoning administrator.

(c)

The zoning administrator or his or her designee 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 said permit.

(Prior Code, § 5.242; Ord. No. 96-19, 1-20-1997; Ord. No. 2010-10, § 15, 8-2-2010)

(a)

The zoning administrator or his or her designee shall require that all applications for zoning compliance permits, and when otherwise required by the provisions of this chapter, shall be accompanied by such surveys, plans, specifications and information as needed to determine the compliance with this chapter, and shall include a site plan showing the following:

(1)

The names and addresses of the architect, planner, designer, engineer, or person responsible for the preparation of the site plan.

(2)

The location and right-of-way widths of all abutting and intersecting streets and alleys or other public easements and all existing and proposed drives and parking areas on the subject property. Show existing driveways on abutting properties and properties across the street.

(3)

The dimensions of all lot and property lines, showing the relationship of the subject property to abutting properties.

(4)

The shape, size and location shall be shown and properly dimensioned for all buildings or other structures to be erected, altered, or moved and for all buildings or other structures already on the lot.

(5)

The existing and proposed use of the property and of all such structures upon it. In residential areas, the number of dwelling units a building is intended to accommodate is to be shown.

(6)

Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being observed.

(7)

All site plans shall include a date, north point and a scale of not less than one inch equals 50 feet if the subject property is less than three acres and one inch equals 100 feet, if three acres or more.

(8)

Stormwater drainage.

(9)

Utility locations and sizes.

(10)

Uses of abutting properties.

(b)

Before a site plan is approved or any zoning compliance permit issued, the zoning administrator shall determine that the proposed development is in accordance with the requirements of this chapter.

(c)

In the process of reviewing the site plan, the zoning administrator shall consider:

(1)

The safety and adequate circulation of pedestrian and vehicular traffic on the site.

(2)

The safety and unimpeded traffic flow of any street upon which the property abuts.

(3)

Satisfactory and harmonious relationships between the use or development on the site and the prospective development of contiguous land and adjacent neighborhoods.

(Prior Code, § 5.243; Ord. No. 96-19, 1-20-1997; Ord. No. 2010-10, § 15, 8-2-2010)

State Law reference— Submission and approval of site plan, MCL 125.3501.

(a)

Not to be issued. No building permit shall be issued for the erection, alteration or use of any building or structure or part thereof, or for the use of any land, which is not in accordance with all of the provisions of this chapter.

(b)

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

(c)

For new use of buildings. No building or structure, or part thereof, shall be changed to or occupied by a use of a different class or type unless a certificate of occupancy is first obtained for the new or different use.

(d)

Required. No building or structure, or part thereof, shall be hereafter erected, altered, moved, or repaired unless a building permit shall have been first issued for such work. The terms "altered" and "repaired" shall include any changes in structural parts, stairways, type of construction, type, class or kind of occupancy, light or ventilation, means of egress and ingress, or other changes affecting or regulated by the state construction code, housing law, Public Act No. 167 of 1917 (MCL 125.401 et seq.), or this chapter, except for minor repairs or changes not involving any of the aforesaid features.

(Prior Code, § 5.244)

(a)

Required for occupancy. 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 use.

(b)

Issuance requirements. The following shall apply in the issuance of any certificate:

(1)

Not to be issued. No certificates of occupancy 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.

(2)

Required. No building or structure, or part 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)

Including zoning. Certificates of occupancy as required by the city 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)

For existing buildings. Certificates of occupancy shall 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)

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

(6)

Buildings accessory to principal dwelling. Buildings or structures 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 dwellings.

(7)

Application. Application for certificates of occupancy shall be made in writing to the Wexford County building inspector on forms furnished by that department, and such certificates shall be issued within five 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.

(c)

Refusal notification. If such certificate is refused for cause, the applicant therefor shall be notified of such refusal and cause thereof, within the aforesaid five-day period.

(Prior Code, § 5.245; Ord. No. 2010-10, § 15, 8-2-2010)

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

(Prior Code, § 5.246; Ord. No. 2010-10, § 15, 8-2-2010)

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

(Prior Code, § 5.247; Ord. No. 2010-10, § 15, 8-2-2010)

The planning commission is hereby designated as the commissions specified in section 301 of Public Act No. 110 of 2006 (MCL 125.3301), and shall perform the zoning duties of said commission as provided in the statute in connection with the amendment of this chapter.

(Prior Code, § 5.261)

The city council may from time to time, on recommendation from the planning commission or on petition, amend, supplement or change the district boundaries or the regulations herein, or subsequently established herein pursuant to the authority and procedure established in Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(Prior Code, § 5.262)

In the interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience or general welfare. It is not intended by this chapter to repeal, abrogate, annul, or in any way to impair or interfere with any existing provision of law or ordinance or with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises; provided, however, that where this chapter imposes a greater restriction than is required by existing ordinance or by rules, regulations or permits, the provisions of this chapter shall control.

(Prior Code, § 5.263)

Nothing in this chapter should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein, and they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety and welfare.

(Prior Code, § 5.264)

Any regular business to come before the planning commission that does not require a public hearing shall be accompanied by a fee. An application for a special land use request shall be accompanied by a fee. An application for a rezoning request shall be accompanied by a fee. Such fees shall be used by the city towards expenses involved in hearing this request, including public hearings before the planning commission and the city council. Such fees shall be as currently established or as hereafter adopted by ordinance from time to time.

(Prior Code, § 5.265; Ord. No. 86-03, 6-2-1986; Ord. No. 95-11, 6-5-1995)

(a)

There is hereby established a board of appeals, which shall perform its duties and exercise its powers as provided in article VI of Public Act No. 110 of 2006 (MCL 125.3601 et seq.), and in such a way that the objectives of this chapter shall be observed, public safety secured, and substantial justice done. The board shall consist of seven members appointed by the city council. Each member shall be appointed for a period of three years, each term to commence on January 1 of the year of appointment. Any vacancies on the board shall be filled by appointment by the city council for the remainder of the unexpired term. The board of appeals shall annually elect its own chairman, vice-chairman, and secretary. The compensation of the appointed members of the board of appeals may be fixed by the city council.

(b)

Two alternate members may be appointed to the board of appeals, for terms to run for the same term as regular members. The alternate members may be called, on a rotating basis, to sit as regular members on the board in the absence of a regular member. An alternate member may also be called to serve in the place of a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of conflict of interest. The alternate member having been appointed shall serve in the case until a final decision has been made. The alternate member shall have the same voting rights as a regular member of the board of appeals.

(Prior Code, § 5.21; Ord. No. 85-09, 7-8-1985; Ord. No. 88-04, 4-18-1988)

All meetings of the board of appeals shall be held at the call of the chairman and at such time as such board may determine. All hearings conducted by the board shall be open to the public. The city clerk, or his representative, shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact; and shall also keep records of its hearings and other official action. Four members of the board shall constitute a quorum for the conduct of its business. The board shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony and the production of books, papers, files and other evidence pertinent to the matter before it.

(Prior Code, § 5.252)

Editor's note— Ord. No. 2010-10, § 15, adopted Aug. 2, 2010, repealed § 46-67 which pertained to appeal and derived from § 5.253 of the prior Code.

There will be a fee for any application for appeal to the board of appeals where a public hearing is not required. There will be a fee for an application for a variance to the board of appeals where a public hearing is required. At the time the notice for appeal is filed, said fee shall be paid to the secretary of the board of appeals, which the secretary shall forthwith pay over to the city treasurer to the credit of the general revenue fund of the city. Such fees shall be as currently established or as hereafter adopted by ordinance from time to time.

(Prior Code, § 5.254; Ord. No. 95-11, 6-5-1995)

(a)

Restrictions on power. The board of appeals shall not have the power to alter or change the zoning district classification of any property, nor to permit any use of land or premises, excepting temporary uses, nor to make any change in the terms of this chapter, but does have the power to act on those matters where this chapter provides for an administrative review, interpretation, and to authorize a variance as defined in this section and laws of the state.

(b)

Authority. The board of appeals powers shall include:

(1)

Administrative review. To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the building inspector or any other administrative official in carrying out or enforcing any provisions of this chapter.

(2)

Variance. To authorize, upon an appeal, a variance from the strict application of the provisions of this chapter where by reason of exceptional narrowness, shallowness, shape or area of a specific piece of property at the time of enactment of this chapter or by reason of exceptional conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to, or exceptional undue hardship upon the owner of such property, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this chapter. In granting a variance, the board may attach thereto such conditions regarding the location, character, and other features of the proposed development as it may deem reasonable in furtherance of the purpose of this chapter. In granting a variance, the board shall state the grounds upon which it justifies the granting of a variance.

(3)

Interpretation and special approvals. To hear and decide in accordance with the provisions of this chapter, for interpretations of the zoning map, and for decisions on special approval situations on which this chapter specifically authorizes the board to pass. Any special approval shall be subject to such conditions as the board may require to preserve and promote the character of the zone district in question and otherwise promote the purpose of this chapter, including the following:

a.

Interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan as shown upon the zoning map fixing the use districts, accompanying and made part of this chapter, where street layout actually on the ground varies from the street layout as shown on the map aforesaid.

b.

Permit the modifications of the loading space requirements where, in the particular instance, such modification will not be inconsistent with the purpose and intent of such requirements.

c.

Permit temporary buildings for periods not to exceed one year in undeveloped sections of the city and for periods not to exceed six months in developed sections.

d.

Permit, upon proper application, the following character of temporary use, not otherwise permitted in any district, not to exceed 12 months with the granting of 12 month extensions being permissible: uses which do not require the erection of any capital improvement of a structural nature.

e.

The board of appeals, in granting permits for the above temporary uses, shall do so under the following conditions:

1.

The granting of the temporary use shall in no way constitute a change in the basic uses permitted in the district nor the property whereon the temporary use is permitted.

2.

The granting of the temporary use shall be granted in writing, stipulating all conditions as to time, nature of development permitted and arrangements for removing the use and reconditioning of the property at the termination of said temporary permit.

3.

All setbacks, land coverage, off-street parking, lighting and other requirements to be considered in protecting the public health, safety, peace, morals, comfort, convenience and general welfare of the inhabitants of the city, shall be made at the discretion of the board of appeals.

4.

In classifying uses as not requiring capital improvement, the board of appeals shall determine that they are either demountable structures related to the permitted use of the land, recreation developments, such as, but not limited to: golf driving ranges and outdoor archery courts; or structures which do not require foundations, heating systems or sanitary connections; or, improvement to the land which can be easily removed upon termination of said temporary permit.

5.

The temporary use shall be in harmony with the general character of the district.

6.

No temporary use permit shall be granted without first giving notice to owners of adjacent property of the time and place of a public hearing to be held as further provided for in this chapter. Further, the board of appeals shall seek the review and recommendation of the planning commission prior to the taking of any action.

(4)

Considerations for variations. In consideration of all appeals and all proposed variations to this chapter, the board shall, before making any variations from the chapter in a specific case, first determine that the proposed variation will not impair an adequate supply of light and air to adjacent property, or unreasonably increase the congestion in public streets, or decrease the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the city. The concurring vote of four members of the board shall be necessary to reverse any order, requirements, decision, or determination of the building inspector, or to decide in favor of the applicant any matter upon which it is authorized by this chapter to render a decision. Nothing herein contained shall be construed to give or grant to the board the power or authority to alter or change this chapter or the zoning map, such power and authority being reserved to the mayor and the city council, in the manner provided by law.

(Prior Code, § 5.255)

In exercising the powers enumerated in section 46-69, the board may reverse or affirm, wholly or partly, or may modify the orders, requirements, decisions or determinations appealed from and may make such order, requirements, decisions or determinations as ought to be made, and to that shall have all the powers of the building inspector from whom the appeal is taken.

(Prior Code, § 5.256)

The board shall make no recommendation except in a specific case and after a public hearing conducted by the board. It shall, by general rule or in specific cases, determine the interested parties who, in the opinion of the board, may be affected by any matter brought before it. All notices shall comply with the requirements of MCL 125.3103 and 125.3604. The board may require any party applying to the board for relief to give such notice to other interested party as it shall prescribe.

(Prior Code, § 5.257)

(a)

No order of the board permitting the erection of a building shall be valid for a period longer than six months, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

(b)

No order of the board permitting a development of a building or premises shall be valid for a period longer than one year unless such development is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

(Prior Code, § 5.258)

No rehearing of any decision of the board of appeals will be considered unless new evidence is submitted which could not reasonably have been presented at the meeting or unless there has been a material change in the facts of the case.

(Prior Code, § 5.259; Ord. No. 85-08, 7-8-1988)

(a)

Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not more than $500.00 and the costs of prosecution or, in default of the payment thereof, shall be punished by imprisonment in the county jail for a period not to exceed 90 days for each offense, or by both such fine and imprisonment in the discretion of the court, together with the costs of such prosecution.

(b)

Any violation of this chapter shall be punishable as a misdemeanor unless specifically set forth in this Code as a municipal civil infraction.

(Prior Code, § 5.271; Ord. No. 95-21, 8-7-1995)

Any building or structure which is erected, altered or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of this chapter and in violation of any of the provisions thereof, is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.

(Prior Code, § 5.272)

The owner of any building, structure or premises or part thereof, where any condition in violation of this chapter shall exist or shall be created, and who has assisted knowingly in the commission of such violation shall be guilty of a separate offense and upon conviction thereof shall be liable to the fines and imprisonment herein provided.

(Prior Code, § 5.273)

A separate offense shall be deemed committed upon each day during or when a violation occurs or continues.

(Prior Code, § 5.274)

The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.

(Prior Code, § 5.275)

Sections of this chapter shall be deemed to be severable and should any section, subsection, or provision hereof be declared by the courts to be unconstitutional or invalid, such holdings shall not affect the validity of this chapter as a whole or any part hereof, other than the part so declared to be unconstitutional or invalid.

(Prior Code, § 5.276)