(A)

The purpose of this article is to set forth the specific duties, responsibilities and scope of authority of the following official committees, boards, commissions and persons that are charged with administering, implementing, interpreting, and enforcing the provisions of this ordinance:

(1)

City Council.

(2)

Planning Commission.

(3)

City Manager.

(4)

Review committees.

(5)

Designated zoning officials, including the City Clerk, City Planner, and Building Official/Inspector.

(Ord. of 10-12-18(1))

(A)

City Council shall have the following responsibilities and authority pursuant to this ordinance.

(1)

Adoption of Zoning Ordinance and Amendments. In accordance with the intent and purpose of this ordinance, and the authority conferred by the Michigan Zoning Enabling Act, City Council shall have the authority to adopt this ordinance, and its related Official Zoning Map, as well as any subsequent amendments considered in accordance with Article XI, Changes and Amendments. Adoption of any change to this ordinance shall be by an amendatory ordinance.

(2)

Review and Approval of Plan for Planned Developments. City Council review and approval shall be required for all planned developments, in accordance with Article V, PD Planned Development District.

(3)

Setting of Fees. City Council shall have the authority to set, by ordinance or resolution, all fees for permits, applications, and requests for action pursuant to the regulations set forth in this ordinance, to defray expenses incurred in processing such permits, applications, and requests for action. In the absence of specific action taken by City Council to set a fee for a specific permit or application, the appropriate administrative official shall assess the fee based on the estimated costs of processing and reviewing the permit or application.

Any application for matters requiring approval under this ordinance may also require the deposit of fees to be held in escrow in the name of the applicant. An escrow fee may be required where professional input and review is desired before a decision is made about any development project or use subject to review and approval under the provisions of this ordinance:

The escrow shall be used to pay professional review expenses of engineers, community planners, and any other professionals whose expertise the City values to review the proposed application and/or site plan of an applicant. Professional review will result in a report to the City indicating the extent of conformance or nonconformance with this ordinance and to identify any problems which may create a threat to public health, safety or the general welfare. Mitigation measures or alterations to a proposed design may be identified where they would serve to lessen or eliminate identified impacts. The applicant will receive a copy of any professional review hired by the City and a copy of the statement of expenses for the professional services rendered, if requested.

No application for which an escrow fee is required will be processed until the escrow fee is deposited with the City. The amount of the escrow fee shall be established based on an estimate of the cost of the services to be rendered by the professionals. Any unused fee collected in escrow shall be returned to the applicant within 60 days of final City action on the applicant's request or within 60 days of withdrawal of the request by the applicant.

If actual professional review costs exceed the amount of an escrow, the applicant shall pay the balance due prior to receipt of any building or zoning permit or other approval issued by the City in response to the applicant's request. Disputes on the costs of professional reviews may be resolved by an arbitrator mutually satisfactory to both parties.

Approval of Planning Commission Members. In accordance with the City Charter, the City Council shall appoint members of the Planning Commission.

(Ord. of 10-12-18(1))

(A)

The Planning Commission shall have the following responsibilities and authority pursuant to this ordinance.

(B)

Creation. The Planning Commission is created pursuant to the Michigan Planning Enabling Act, the Michigan Zoning Enabling Act, and the applicable provisions of the City of Center Line Code of Ordinances, all of which enables and governs the activities and procedures under this Zoning Ordinance.

(C)

Membership and Operation. In accordance with the City Charter, appointments of members of the Planning Commission shall be made by the City Council. The qualifications of members, the term of each member, filling of vacancies, compensation of members, and operation of the Planning Commission shall be in accordance with the Michigan Zoning Enabling Act and the Michigan Planning Enabling Act.

In accordance with the Michigan Zoning Enabling Act and the Michigan Planning Enabling Act, the Planning Commission shall determine the time and place of meetings, adopt rules for the transaction of business, and keep a public record of its actions, findings, recommendations.

(D)

Jurisdiction. The Planning Commission shall discharge the following duties pursuant to this ordinance:

(E)

Formulation of the Zoning Ordinance and Amendments. The Planning Commission is hereby designated as the commission specified in Section 301 of the Michigan Zoning Enabling Act, and shall perform the zoning duties of said commission as provided in the statute in connection with amendment of this ordinance.

The Planning Commission shall be responsible for formulation of the Zoning Ordinance, review of amendments to the Zoning Ordinance, holding hearings on a proposed Zoning Ordinance or amendments, and reporting its findings and recommendations concerning the Zoning Ordinance or amendments to City Council.

(F)

Site plan review. The Planning Commission shall be responsible for reviewing site plans in accordance with Section 1000 and for making determinations to approve, approve subject to conditions, or deny applications for site plan approval as provided in Section 1000.

(G)

Special land use review. The Planning Commission shall be responsible for holding hearings, reviewing, and making determinations to approve, approve subject to conditions or deny applications for special land use approval in accordance with Article IV, Specific Land Use Provisions.

(H)

Planned development review. The Planning Commission shall be responsible for holding hearings; reviewing; and making recommendations to City Council to grant approval, approval with conditions, or denial of proposed planned developments in accordance with Article V, PD Planned Development District.

(I)

Formulation of a Master Plan. The Planning Commission is hereby designated as the commission specified in Section 2 of the Municipal Planning Act, and shall perform the planning duties of said commission as provided in the statute.

(J)

Review of matters referred by City Council. Consistent with the Center Line City Code, the Planning Commission shall be responsible for review of plats and other land development matters referred by City Council. The Planning Commission shall recommend appropriate regulations and action on such matters.

(K)

Report on the operation of the Zoning Ordinance. The Planning Commission shall periodically oversee the preparation of a report to City Council on operations under the Zoning Ordinance, including recommendations as to the enactment of amendments or supplements to the Ordinance.

(L)

Report on operation of the Zoning Ordinance. The Planning Commission shall prepare a report no less than once a year for the City Council on the operations of the Zoning Ordinance including recommendations as to the enactment of amendments or supplements to the Ordinance.

(M)

Meetings. The Planning Commission shall publish notice of a scheduled meeting in a newspaper of general circulation in the City of Center Line, not less than fifteen (15) days before the date of the scheduled meeting. Meetings of the Planning Commission are subject the Open Meetings Act.

(Ord. of 10-12-18(1))

(A)

The City Manager or designee may from time to time create administrative committees to assist in the review of site plans and other applications under this ordinance, in accordance with the following:

(B)

Intent and Purpose. Formal or informal committees may be established to allow for expedited reviews of applications under this ordinance.

(C)

Membership and Operation. The City Manager may set the membership of any review committee.

(D)

Jurisdiction. A review committee may perform multi-disciplinary reviews of applications for compliance with all City requirements. Any report will be a recommendation to the City Manager.

(Ord. of 10-12-18(1))

(A)

The City Manager, as chief administrative head of the City of Center Line shall have the ultimate responsibility for administrative oversight and enforcement of this ordinance.

(Ord. of 10-12-18(1))

(A)

Except where herein otherwise stated, the provisions of this ordinance shall be administered by the building official or inspector or such other official or officials as designated by the City Manager. The building inspector shall have the power to:

(1)

Issue building permits.

(2)

Grant certificates of occupancy permits.

(3)

Make inspections of buildings and premises necessary to carry out the duties of administration and enforcement of this ordinance.

(4)

Perform such other further functions necessary and proper to enforce and administer the provisions of this ordinance.

(B)

Building permit application.

(1)

No building or structure within the City of Center Line shall hereafter be erected, moved, repaired, altered, or razed, nor shall any work be started to erect, move, repair, or raze until a building permit shall have been obtained from the building inspector; nor shall any change be made in the use of any building or land without a building permit having been obtained from the building inspector.

Satisfactory evidence of ownership of the entire lot shall accompany all applications for permits under the provisions of this ordinance. No such building permit shall be issued to erect a building or structure or make any change of use of a building or land unless it is in conformity with the provisions of this ordinance and all amendments hereto. Unless construction is started within six months after the date of issuance of a building permit, the building permit shall automatically become void and fees forfeited. The building inspector may reinstate a building permit that has become void for failure to commence construction without payment of further fees in his discretion. Fees for inspection and the issuance of permits or certificates or copies thereof required or issued under the provisions of this ordinance shall be collected by the building inspector in advance of issuance. The amount of such fees shall be established by resolution of the city council.

Failure to acquire required permits prior to commencing construction shall result in the payment of a double fee schedule and possible citation.

(2)

The building inspector shall record all nonconforming uses existing at the date of this ordinance for the purposes of carrying out the provisions of Section 805.

(3)

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

(a)

The actual shape, location and dimensions of the lot drawn to scale.

(b)

The shape, size and location of all buildings or other structures upon it, including, in residential areas, the number of dwelling units the building is intended to accommodate.

(c)

Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this ordinance are being observed. One copy of the plans shall be returned to the applicant by the building inspector, after he shall have marked such copy either as approved or disapproved. The second copy shall be retained in the office of the building inspector.

(4)

Upon completion of the work authorized by a building permit, the holder thereof shall seek final inspection thereof by notifying the building inspector.

(5)

The failure to request and obtain final inspection through the building department shall result in the forfeiture of bonds and fees.

(C)

Temporary permit application. See Section 408, for building department authority and time limits when issuing a temporary building or use permit.

(D)

Certificate of occupancy.

(1)

No land, building, structure, or part thereof shall be occupied by or for any use for which a building permit is required by this ordinance unless and until a certificate of occupancy shall have been issued for such new use. No land or building shall be occupied or reoccupied, used, or changed in use, until a certificate of occupancy and compliance shall have been issued by the building inspector stating the land or building or proposed use of a building or land complies with all the building or health laws and ordinances and the provisions of this ordinance. A copy of such certificate of occupancy and compliance shall be conspicuously posted and displayed on the premises used for any purposes other than residential. The following shall apply in the issuance of any certificate:

(a)

Certificates not to be issued. No certificates of occupancy pursuant to the building code of the City of Center Line 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 ordinance.

(b)

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.

(c)

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 ordinance.

(d)

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 ordinance. It shall hereafter be unlawful for any person to occupy any existing commercial, and/or industrial building, or premises located within the City of Center Line which has been vacated by a tenant, lessee, or owner unless such person desiring to reoccupy such building or premises shall first make application for and obtain a certificate of occupancy from the building inspector.

(e)

Certificates for nonconforming buildings. A certificate of occupancy shall be required for each nonconforming use of buildings existing prior to the time of passage of this ordinance. Application for such certificate of occupancy for nonconforming uses shall be filed with the building inspector by the owner or lessee of the building occupied by such nonconforming use within six months from the effective date of this ordinance. It shall be the duty of the building inspector to notify such owner or lessees in writing and to issue a certificate of occupancy for such nonconforming use upon application. The failure of the owner or lessee of the building occupied by such nonconforming use to obtain such certificate of occupancy for same within six months from the effective date of this ordinance shall create a conclusive presumption that such nonconforming use did not exist prior to the effective date of this ordinance, and such nonconforming use shall be discontinued within one year from the effective date hereof.

(f)

Temporary certificates. Nothing in this ordinance shall prevent the building inspector from the issuing of a temporary certificate of occupancy for a portion of a building or structure in process or erection or alteration, provided that such temporary certificate shall not be effective for a period of time in excess of six months nor more than five days after the completion of the building ready for occupancy, and provided further that such portion of the building, structure, or premises is in conformity with the provisions of this ordinance.

(g)

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

(h)

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 dwellings.

(i)

Application for certificates. Application for certificates of occupancy shall be made in writing to the building inspector on forms furnished by the department; and such certificates shall be issued if, after final inspection, it is found that the building or structure, or part thereof, or the use of land is in accordance with the provisions of this ordinance. If such certificate is refused for cause, the applicant therefor shall be notified in writing of such refusal and cause thereof.

(j)

Failure to acquire certificate of occupancy. The occupying of any building or structure, or part thereof, or use of land in accordance with the provisions of this ordinance prior to obtaining a certificate of occupancy shall result in forfeiture of bonds and fees.

(Ord. of 10-12-18(1))

(A)

In carrying out designated duties, necessary for the implementation of these zoning regulations, designated zoning officials shall be required to administer the Zoning Ordinance precisely as it is written. No zoning official shall make changes or vary the terms of these regulations.

(1)

Preparation and administration of budgetary matters regarding the implementation of these regulations.

(2)

Resolution of problems occurring between applicants, staff, and the general public.

(3)

Periodically report to City policy makers on the status of City's zoning and planning administration.

(4)

Provide citizens and public officials with information relative to these regulations and related matters.

(5)

Assist applicants in completing appropriate forms and following procedures related to site plan review, rezoning, and other zoning matters.

(6)

Review all applications for site plan review, special land use review, and planned development, and take any action required under these regulations.

(7)

In cooperation with the Building Official, issue certificates of occupancy in accordance with these regulations when all provisions of these regulations and other applicable Ordinances and codes are met.

(8)

Forward to the Planning Commission completed applications for site plan review, special land use review, planned unit development proposals, petitions for amendments to these regulations, and other matters that must be reviewed by the Planning Commission.

(9)

Forward to the Zoning Board of Appeals all materials related to applications for appeals, variances, or other matters on which the Zoning Board of Appeals is required to act.

(10)

Review requests for temporary structures and/or uses involving a period of 90 calendar days or less.

(11)

Forward to City Council all recommendations of the Planning Commission concerning matters on which action is either mandatory or discretionary on the part of City Council.

(12)

Periodically report to the Planning Commission on the status of City's zoning and planning administration.

(13)

Maintain the current official Zoning Map of the City and an up-to-date Zoning Ordinance text by recording all adopted amendments.

(14)

Review and investigate permit applications to determine compliance with the provisions of the Zoning Ordinance.

(15)

Initiate investigations into alleged violations of these regulations and proceed with appropriate corrective measures as required.

(16)

Perform other related duties required to administer these regulations.

(Ord. of 10-12-18(1))

(A)

The City Clerk or duly authorized representatives shall have the following responsibilities under this ordinance:

(1)

Publish all notices required by these regulations.

(2)

Record or cause to be recorded and prepare the official minutes of all meetings of the Planning Commission and Zoning Board of Appeals.

(3)

Maintain official records and file all official minutes and documents in an orderly fashion.

(4)

Perform other related duties required to administer these regulations.

(Ord. of 10-12-18(1))

(A)

The City may employ a City Planner, who may be a member of City staff, a firm or organization retained on a consulting basis, or staff and a consultant may share the responsibilities. In addition to specific responsibilities outlined elsewhere in these regulations, upon request from City Council, the Planning Commission, the City Manager, or other authorized City body or official, the City Planner may fulfill following responsibilities:

(1)

Prepare and administer such plans and ordinances as are appropriate for the City and its environs, within the scope of the appropriate Michigan Planning and Zoning Enabling Acts.

(2)

Advise and assist the Planning Commission and be responsible for carrying out the directives of the Planning Commission.

(3)

Advise and assist City Council and other authorized City bodies or officials and are responsible for carrying out their directives.

(4)

Provide citizens and public officials with information relative to these regulations and related matters.

(B)

At request of the City, review applications for site plan review, special land use review, planned development proposals, and take any action required under the guidelines stated in these regulations.

(C)

At the request of the Planning Commission or City Council, draft amendments to the Zoning Ordinance and other ordinances to accomplish the planning objectives of the City.

(D)

Periodically report to the Planning Commission on the status of City's zoning and planning administration.

(E)

Perform other related duties, as authorized, to administer these regulations.

(Ord. of 10-12-18(1))