Calumet City Zoning Code
ADMINISTRATION, ENFORCEMENT
AND VIOLATIONS
§ 153.305 ZONING ADMINISTRATOR.
A Zoning Administrator shall be appointed by and on such terms as shall be determined by the Village Council. The duties of the Zoning Administrator may be delegated by the Village Council to another employee of the village or a consultant approved by the Village Council. It shall be the duty of the Zoning Administrator to:
(A) Receive applications for zoning permits and issue or deny the same;
(B) Inspect buildings or structures in order to determine compliance with the zoning permits issued in compliance with this chapter;
(C) Be in charge of the enforcement of this chapter. The Village Council may, in its discretion, instruct the Zoning Administrator to make efforts to obtain voluntary compliance with this chapter. The Village Council may instruct the Zoning Administrator in writing to initiate a criminal complaint or other legal action. Under no circumstances is the Zoning Administrator permitted to make changes in this chapter or to vary its terms in carrying out the Zoning Administrator’s duties; and
(D) Perform pre-application conferences, completeness reviews and technical reviews for all applications that include a site plan review, and to perform administrative reviews of applicable development applications.
(Ord. 160, passed 4-21-2022)
§ 153.306 FEES.
The fees for applications, permits and other requests shall be established by the Village Council. Fees must be paid before any review of an application is performed or a permit is issued. Certain applications, permits and requests are subject to the Village Escrow Policy, as defined in that policy.
(Ord. 160, passed 4-21-2022)
§ 153.307 PERFORMANCE GUARANTEES.
(A) (1) To ensure compliance with the chapter and any conditions imposed, the Planning Commission and/or Village Council may require that a cash deposit, irrevocable letter of credit, certified check, or surety bond acceptable to the village covering the estimated cost of improvements be deposited with the Village Clerk to ensure faithful completion of the improvements.
(2) The performance guarantee shall be deposited at the time of the issuance of the zoning permit.
(B) (1) The village shall not require the deposit of the performance guarantee until it is prepared to issue the zoning permit.
(2) If requested by the applicant of the site plan review, the village shall rebate any cash deposits in reasonable proportion to the ratio of work completed on the required improvements as work progresses.
(Ord. 160, passed 4-21-2022)
§ 153.308 TAXES, OTHER MONIES OWED.
(A) When the village receives an application for any new or amended zoning permit, site plan review, special land use permit, any other application or any request for a permit or approval required by this chapter, the applicant shall be required to present a signed statement from the Village Treasurer that all real and personal property taxes, fees, penalties, fines, assessments, general assessments and other monies owed to the village are current and paid up to date.
(B) The Village Treasurer’s signed statement shall cover the accounts of all named applicants and all properties upon which the application or request is made.
(C) The village shall take no action on any application or request until the applicant or requesting party acquires the Village Treasurer’s signed statement that all of the above monies owed are current and paid up to date.
(D) The village shall make no final decision on any application or request if any of the above monies owed become delinquent or remain unpaid during consideration.
(Ord. 160, passed 4-21-2022)
§ 153.309 PUBLIC HEARINGS.
The body charged with conducting a public hearing required by this chapter shall, upon receipt of a completed application, select a reasonable time and place for such hearing. Such hearings shall be held in accordance with the Michigan Zoning Enabling Act, Public Act 110 of 2008, as amended, and the following.
(A) Notice of the public hearing shall be:
(1) Posted by the Village Clerk at the place the hearing will be held;
(2) Published in a newspaper of general circulation in the village not less than 15 days before the date of the public hearing;
(3) Sent by mail or personal delivery not less than 15 days before the date of the public hearing to:
(a) The applicant, owner(s) of property for which approval is being considered, all persons to whom real property is assessed within 300 feet of the boundary of the property in question; and
(b) 1. All occupants of structures within 300 feet of the boundary of the property in question. If the name of the occupant is not known, the term “occupant” may be used in making notification.
2. Notification need not be given to more than one occupant of a structure, except that one occupant of each unit or spatial area shall receive notice if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations.
3. In the case of a single structure containing more than four 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 who shall post the notice at the primary entrance to the structure.
(4) Posting the notice on the village website is encouraged, but does not alleviate the notice of public hearing requirements listed above.
(B) The notice shall include all of the following:
(1) Describe the nature of the request;
(2) (a) Indicate the property that is the subject of the request.
(b) The notice shall include a listing of all existing street addresses within the property.
(c) 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;
(3) State when and where the request will be considered; and
(4) Indicate when and where written comments will be received concerning the request.
(Ord. 160, passed 4-21-2022)
§ 153.310 ZONING PERMITS.
(A) General.
(1) No person shall erect, alter, move or demolish a structure, over 200 square feet, whether temporary or permanent, or to establish a new use or change in use for any parcel, without a zoning permit.
(2) The Zoning Administrator shall issue a zoning permit if the proposed structure or use is in compliance with the provisions of this chapter.
(3) (a) The applicant shall furnish permits or approvals from all applicable agencies before the Zoning Administrator may issue a permit.
(b) A certificate of appropriateness from the Historic District Commission shall be submitted as part of any zoning permit for properties within the Civic and Commercial Historic Overlay District.
(4) A copy of each zoning permit will be retained by the Zoning Administrator as a part of the permanent records of the village.
(5) The Zoning Administrator shall promptly inform the applicant of the denial of a zoning permit if the proposed structure or use does not comply with the provisions of this chapter.
(6) Issuance of a zoning permit, or approval of a site plan for a permitted use or special land use permit does not waive the requirements to comply with all applicable local, state and federal codes and statutes, including, but not limited to State Construction Code, Electrical Code, Property Maintenance Code, Mechanical Code and Fire Prevention Code.
(B) Application. Each application for a zoning permit shall include the following minimum requirements:
(1) Plot plan. Drawn to scale illustrating:
(a) The actual shape, location and dimensions of the lot;
(b) The shape, size and location of all buildings or other structures to be erected, altered or moved, and if any building or other structure is already on the lot;
(c) The existing and intended use of the lot and of all such structures upon it, including residential areas and the number of dwelling units that the building is intended to accommodate; and
(d) Such other information concerning the lot or adjoining lots as may be essential to determining that the provisions of this chapter are being observed.
(2) Property boundaries. In cases where property boundaries are not clearly indicated by corner markers or other means, the Zoning Administrator may require, at the applicant’s expense, the property to be located by a registered surveyor.
(3) Evidence of ownership.
(a) All applications for zoning permits under the provisions of this chapter shall include the land owner’s signature authorizing the application for the permit and be accompanied with proof of ownership of all property affected by the coverage of the permit.
(b) Proof of ownership shall be established by one of the following means: current title policy, or commitment, abstract or attorney’s opinion of title or such other evidence of ownership as the Zoning Administrator determines acceptable.
(4) Supporting documentation. In the event the Zoning Administrator feels additional information is required before determining the suitability of an application for a zoning permit, the Zoning Administrator may request that the applicant submit such additional information as surveys, deed descriptions, soil suitability tests, surface water disposal surveys, erosion control surveys, excavation disposal plans, easements and permits from other governmental agencies.
(C) Voiding permit.
(1) Any permit granted under this section shall become null and void after one year from the date of granting such permit unless the development proposed shall have passed its first construction code inspection.
(2) The applicant shall have the option of extending the permit by a maximum of one year upon written notice to the Zoning Administrator.
(3) Said notice shall be filed no later than five working days following the expiration of the permit. If a zoning permit expires, the applicant will have to reapply as a new application.
(D) Inspection. The developer of the property is solely responsible for meeting the conditions and terms of the zoning permit and this chapter.
(Ord. 160, passed 4-21-2022)
§ 153.311 NUISANCES.
(A) Nuisance per se. Any uses, land, dwellings, buildings or structures, including tents and trailer coaches, used, erected, altered, razed or converted in violation of this chapter or in violation of any regulations, conditions, permits or other rights granted, adopted or issued pursuant to this chapter are hereby declared to be a nuisance per se.
(B) Municipal civil infraction.
(1) Any person, partnership, corporation or association who creates or maintains a nuisance per se as defined above or who violates or fails to comply with any provision of this chapter, or any permit issued pursuant to this chapter shall be responsible for a municipal civil infraction.
(2) Every day that such violation continues shall constitute a separate and distinct offense under the provisions of this chapter.
(3) Nothing in this section shall exempt the offender from compliance with the provisions of this chapter.
(C) Nuisance abatement. In addition to enforcing this chapter as a municipal civil infraction the village may initiate proceedings in the Circuit Court to abate or eliminate the nuisance per se or any other violation of this chapter.
(Ord. 160, passed 4-21-2022)
§ 153.312 ENFORCEMENT OFFICIAL.
The Zoning Administrator, or other Village Council designee, is hereby designated as the authorized village official to issue municipal civil infraction citations directing alleged violators of this chapter to appear in court.
(Ord. 160, passed 4-21-2022)
§ 153.313 CONDITIONAL REZONING.
(A) Intent and purpose.
(1) (a) It is recognized that there are certain instances where it would be in the best interests of the village, as well as advantageous to property owners seeking a change in zoning classification, that certain conditions could be proposed by property owners as part of a request for rezoning.
(b) This is especially true since the village must consider all potential uses which may be made of property when considering a traditional rezoning request, some of which may be inappropriate for a particular piece of property considering items such as, but not limited to, the surrounding land uses, the Village Master Plan, available infrastructure and natural features.
(c) It is the intent of this section to provide a process consistent with the provisions of § 405 of the State Zoning Enabling Act, Public Act 110 of 2006, as amended, by which an owner seeking a rezoning may voluntarily propose conditions regarding the use and/or development of land as part of the rezoning request.
(2) It is not the intent of this section to provide for rezonings that are inconsistent with the Village Master Plan or surrounding land uses, nor is it the intent to provide a mechanism for circumventing any requirements of this chapter.
(B) Conditional rezoning standards for approval. The following standards shall be used as a basis upon which conditional rezoning requests will be reviewed and approved. The applicant’s offer of conditions may not authorize uses or developments not permitted in the requested new zoning district.
(1) Standards for rezoning.
(a) The owner’s offer of conditions shall bear a reasonable and rational relationship to the property for which the conditional rezoning is requested.
(b) Further, the Planning Commission and Village Council shall, at a minimum, consider all the following standards in rendering a decision on a request for conditional rezoning, although not all standards must be met in order to approve a conditional rezoning:
1. Will the proposed rezoning be in accordance with the basic intent and purpose of this chapter?
2. Is the proposed rezoning consistent with the Village Master Plan?
3. Have the conditions changed since the current zoning was adopted, or was there a mistake in the zoning ordinance that justifies a rezoning?
4. Will the rezoning correct an inequitable situation created by the zoning ordinance rather than merely grant special privileges?
5. Will the amendment set an inappropriate precedent?
6. Is the requested rezoning consistent with the existing or planned surrounding land uses?
7. If the rezoning is granted, could all requirements in the proposed zoning classification be complied with on the subject property?
8. Would the proposed rezoning be consistent with the trends in land development in the general vicinity of the subject property?
9. Would the proposed rezoning have a negative impact on public services, utilities or roads?
10. Would the proposed rezoning negatively impact natural features on the site, such as woodlands or wetlands?
(2) Other required approvals.
(a) Any use or development proposed as part of an offer of conditions that would require a special land use permit under the terms of this chapter may only be commenced if a special land use permit for such use or development is ultimately granted in accordance with the provisions of this chapter.
(b) Any use or development proposed as part of an offer of conditions that would require a variance under the terms of this chapter may only be commenced if a variance for such use or development is ultimately granted by the Zoning Board of Appeals in accordance with the provisions of this chapter.
(c) Any use or development proposed as part of an offer of conditions that would require site plan approval under the terms of this chapter may only be commenced if site plan approval for such use or development is ultimately granted in accordance with the terms of this chapter.
(C) Application and offer of conditions.
(1) An owner of land may voluntarily offer in writing conditions relating to the use and/or development of land for which a conditional rezoning is requested.
(2) This offer may be made either at the time the application for conditional rezoning is filed, or additional conditions may be offered at a later time during the conditional rezoning process as set forth below.
(3) For a request to be considered for a conditional rezoning, the following items shall be submitted to the village:
(a) An application on a form provided by the village and any applicable fees;
(b) A written proposal explicitly describing the proposed conditional rezoning; and
(c) A conceptual site plan that includes all of the following items:
1. The applicant’s name, address and telephone number;
2. Scale, north arrow and dates of submission and revisions;
3. Zoning classification of applicant’s property and all abutting parcels;
4. Existing lot lines, building lines, structures, parking areas, driveways and other improvements on the property and within 100 feet of the property;
5. Proposed lot lines and lot dimensions, and general layout of proposed structures, parking area, driveways and other improvements proposed for the property;
6. Dimensions, centerlines and right-of-way widths of all abutting streets and alleys;
7. Location of existing drainage courses, floodplains, lakes and streams, wetlands and woodlands;
8. All existing and proposed easements;
9. Location of sanitary sewer or septic systems, existing and proposed;
10. Location and size of water mains, well sites and building service, existing and proposed; and
11. A conceptual plan showing the specific proposed use(s) of the property.
(D) Conditional rezoning application submission procedures.
(1) Pre-application conference.
(a) Prior to filing an application for a conditional rezoning, the applicant must informally meet with the Zoning Administrator, and other representatives as deemed necessary by the village, to discuss the proposed development.
(b) 1. The pre-application conference is intended to be informative and advisory in nature, and affords the applicant the opportunity to discuss the land use and planning policies of the village. The applicant must present a conceptual plan for the contemplated conditional rezoning at or before the pre-application conference.
2. Any and all statements made by the village employees, attorneys, agents or representatives at the pre-application conference have no legal force and are not legally binding promises, commitments or contracts.
(2) Completeness review. Upon receipt of an application to amend this chapter, the Zoning Administrator shall review the application to confirm all required material has been submitted. The Zoning Administrator shall notify the applicant of any outstanding items.
(3) Technical review. Prior to Planning Commission consideration, the proposed amendment and application materials shall be distributed to appropriate village officials for review and comment. The Zoning Administrator may also submit the application materials to designated village consultants for review.
(E) Conditional rezoning application review. Complete conditional rezoning applications shall be reviewed following the procedures outlined below:
(1) Public hearing. The Planning Commission shall set and hold a public hearing for all proposed conditional rezoning requests in accordance with the procedures in § 153.309.
(2) Planning Commission review and recommendation. After the public hearing and consideration of the standards for conditional rezoning set forth in this section, the Planning Commission may recommend to the Village Council approval as presented or denial of the conditional rezoning.
(3) Village Council review. After receipt of the Planning Commission’s recommendation, the Village Council shall review the Planning Commission’s recommendation consistent with the standards of this section and deliberate upon the requested conditional rezoning, and may approve or deny the conditional rezoning request. If the applicant initiates additional or different conditions not considered by the Planning Commission subsequent to the recommendation of the Planning Commission, then the Village Council shall refer such proposed additional or different conditions to the Planning Commission for review and recommendation within a time specified by the Village Council, and the Village Council shall then proceed to deny or approve the conditional rezoning.
(4) Amendment of conditions. The offer of conditions may be amended during the process of conditional rezoning consideration, provided that any amended or additional conditions are entered voluntarily by the owner, and confirmed in writing. An owner may withdraw in writing all or part of its offer of conditions any time prior to final rezoning action of the Village Council provided that, if such withdrawal occurs subsequent to the Planning Commission’s public hearing on the original conditional rezoning request, then the rezoning application shall be referred back to the Planning Commission for a new public hearing with appropriate notice and a new recommendation.
(F) Approval. If the Village Council finds the conditional rezoning request and offer of conditions acceptable, the offer of conditions shall be incorporated into a formal written statement of conditions acceptable to the owner and conforming in form to the standards of this section. The statement of conditions shall be incorporated by attachment or otherwise as an inseparable part of the ordinance codified in this chapter adopted by the Village Council to accomplish the requested conditional rezoning. The statement of conditions shall:
(1) Be prepared in a form recordable with the County Register of Deeds;
(2) Contain a legal description of the land to which it pertains;
(3) Contain a statement acknowledging that the statement of conditions runs with the land, and is binding upon successor owners of the land, unless the property is rezoned pursuant to division (J) below;
(4) Incorporate by attachment the conceptual plan which formed the basis of the conditional rezoning;
(5) Contain the notarized signatures of all the owners of the property proceeded by a statement attesting to the fact that they are the only parties having an interest in the property, and that they voluntarily offer and consent to the provisions contained within the statement of conditions;
(6) The statement of conditions may be reviewed and approved by the Village Attorney, with the applicant to pay all costs associated with such review and approval;
(7) The approved statement of conditions shall be filed by the owner with the County Register of Deeds within 45 days after approval of the conditional rezoning. The owner shall provide the village with a recorded copy of the statement of conditions within 45 days of receipt; and
(8) Upon the conditional rezoning taking effect, and after the required recording of the statement of conditions, use of the land so rezoned shall conform thereafter to all the requirements regulating use and development within the new zoning district as modified by any more restrictive provisions contained in the statement of conditions.
(G) Compliance with conditions.
(1) Any person who establishes development or commences a use upon land that has been conditionally rezoned shall continuously operate and maintain the development or use in full compliance with all the conditions set forth in the statement of conditions.
(2) Any failure to comply fully with the conditions contained within the statement of conditions shall constitute a violation of this chapter and be punishable accordingly.
(3) Additionally, any such violation shall be deemed a nuisance per se and subject to judicial abatement as provided by law.
(H) Time period for establishing development or use.
(1) The approved development and/or use of the land pursuant to building and other required permits must be commenced upon the land within 18 months after the effective date by publication of the conditional rezoning, and must thereafter proceed diligently to completion.
(2) This time limitation may, upon written request, be extended an additional 18 months by the Village Council if:
(a) It is demonstrated to the Village Council’s sole satisfaction that there is a strong likelihood that the development and/or use will commence within the period of extension and proceed diligently thereafter to completion; and
(b) The Village Council finds that there has not been a change in circumstances that would render the conditional rezoning with statement of conditions incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy.
(I) Reversion of zoning. If approved, development and/or use of the rezoned land do not occur within the time frame specified in this section, then the land shall revert to its former zoning classification as set forth in M.C.L.A. § 125.3405(2).
(J) Subsequent rezoning of land.
(1) When land that is conditionally rezoned with the statement of conditions is thereafter rezoned to a different zoning classification, or to the same zoning classification but with a different or no statement of conditions, whether as a result of a reversion of zoning pursuant to this section, or upon application of the landowner, or otherwise, the statement of conditions imposed under the former zoning classification shall cease to be in effect.
(2) Upon the owner’s written request, the Village Clerk shall record with the County Register of Deeds a notice that the statement of conditions is no longer in effect.
(K) Amendment of conditions.
(1) During the time period for commencement of an approved development or use specified pursuant to This section, or during any extension thereof granted by the Village Council, the village shall not add to or alter the conditions in the statement of conditions.
(2) The statement of conditions may be amended thereafter in the same manner as was prescribed for the original conditional rezoning and statement of conditions.
(L) Village right to rezone. Nothing in the statement of conditions or in the provisions of this section shall be deemed to prohibit the village from rezoning all or any portion of land that is subject to a statement of conditions to another zoning classification. Any rezoning shall be conducted in compliance with this chapter and the Michigan Zoning Enabling Act. (Public Act 110 of 2006, as amended).
(M) Failure to offer conditions. The village shall not require an owner to offer conditions as a requirement for rezoning. The lack of an offer of conditions shall not affect an owner’s rights under this chapter.
(Ord. 160, passed 4-21-2022)
§ 153.999 PENALTY.
Any person who shall violate any provision of this chapter in any particular, who creates or maintains a nuisance per se or who fails to comply with any of the regulatory measures or conditions of the Zoning Board of Appeals adopted pursuant hereto, shall, upon conviction thereof, be fined not to exceed $500, and each day such violation continues shall be deemed a separate offense.
(Ord. 160, passed 4-21-2022)