The provisions of this chapter shall be administered and enforced by the city manager. All applications for building permits shall be accompanied by a plan, drawn to scale, showing the actual dimensions of the lot to be built upon, the size of the building to be erected, the use of the property and such other information as may be necessary to provide for the enforcement of the regulations set forth in this chapter. A careful record of such applications and plans shall be kept in the office of the building inspector.

(Code 1985, § 5.91)

(a)

In accordance with the provisions of Public Act 110 of 2006 (MCL 125.3101 et seq.) the city commission may from time to time amend, or change by ordinance, the number, shape, or area of districts established on the zoning map or the regulations set forth in this chapter but no such amendment or change shall become effective unless the ordinance proposing such amendment or change shall first be submitted to the planning commission for approval, disapproval or suggestions and such planning commission shall have been allowed a reasonable time for consideration and report.

(b)

Any person desiring a change in zoning of property shall petition the city commission in writing, stating the reasons for such change.

(c)

Before submitting its recommendations and report to the city commission, the planning commission shall conduct a public hearing on the proposed amendment or change and shall give notice as set forth in subsection (d) below.

(d)

The notices shall be given not less than 15 days before the date of the hearing on a proposed zoning amendment and notices shall be sent to:

(1)

The applicant.

(2)

The owner (or other owners) of the property, if different.

(3)

If the zoning amendment is for less than 11 adjacent properties: the owners of all real property within 300 feet of the boundary for the property for which the approval has been requested, as shown by the latest assessment roll, regardless of whether the owner and property is located in the zoning jurisdiction or not.

(4)

If the zoning amendment is for less than 11 adjacent properties: occupants of any structures within 300 feet of the boundary for the property for which the approval has been requested, regardless of whether the owner and property is located in the zoning jurisdiction or not.

(5)

The general public by publication in a newspaper which circulates in the city.

(6)

Members of the planning commission, or legislative body and planning commission if the hearing is being held by the legislative body.

(e)

The notice shall include:

(1)

The nature of the zoning amendment being requested.

(2)

The property(ies) for which the zoning amendment has been made.

(3)

If the zoning amendment is for less than 11 adjacent properties, also a listing of all existing street addresses within the property(ies) which is(are) subject of the zoning amendment. (Street addresses do not need to be created and listed if no such addresses currently exist. If there are no street addresses another means of identification may be used.)

(4)

The location where the application documents can be viewed and copied prior to the date the zoning amendment hearing.

(5)

The date, time and location of when the hearing on the zoning amendment will take place.

(6)

The address at which written comments should be directed prior to the hearing on the zoning amendment.

(7)

For members of the planning commission only, a copy of the request for the zoning amendment, the draft of the zoning amendment, and supporting documents in the record.

(f)

Upon presentation of a protest petition meeting the requirements of this section, an amendment to a zoning ordinance which is the object of the petition shall be passed by a two-thirds vote. The protest petition shall be presented to the city commission before final legislative action on the amendment and shall be signed by one of the following:

(1)

The owners of at least 20 percent of the area of land included in the proposed change.

(2)

The owners of at least 20 percent of the area of land included within an area extending outward 100 feet from any point on the boundary of the land included in the proposed change.

For purposes of this subsection, publicly owned land shall be excluded in calculating the 20 percent land area requirement.

(Code 1985, § 5.94; Ord. of 9-5-2006)

State Law reference— Zoning amendment procedure, MCL 125.584.

(a)

First offense. Any person who shall violate any of the provisions of this chapter or fail to comply therewith, or with any of the requirements thereof, or who shall build or alter any building or use in violation of any detailed statement or plan submitted and approved under this chapter shall be guilty of a civil infraction and be liable to a civil fine up to the sum of $500.00, in accordance with any costs and expenses permitted by law.

(b)

Second offense. Any person who shall violate any of the provisions of this chapter, as noted in subsection (a) of this section, for a second time within a three-year period shall be guilty of a misdemeanor and shall be liable for a criminal fine of not more than $500.00 and/or up to 90 days' incarceration in the county jail.

(c)

Continuing offenses. Each day that a violation continues to exist shall be deemed a separate offense.

(d)

Assisting in violations. The owner of any building or premises, or part thereof, where anything in violation of this chapter shall be placed or shall exist, any architect, builder, contractor, agent, person or corporation employed in connection therewith, and who may have assisted in the commission of any such violation shall be guilty of a separate offense and, upon conviction, shall be fined as provided in this section.

(e)

Immediate threats to public health, safety and welfare. Any person who shall violate any of the provisions of this chapter in such a way as to create an immediate threat to the public health, safety and welfare shall be guilty of a misdemeanor and shall be liable for a criminal fine of not more than $500.00 and/or up to 90 days' incarceration in the county jail. Whether a particular violation of this chapter constitutes an immediate threat to the public health, safety and welfare shall be a matter within the sole discretion of the city manager.

(Code 1985, § 5.93)

(a)

Public notification. All applications for development approval requiring a public hearing shall comply with the Michigan Zoning Enabling Act. PA 110 of 2006 and the other provisions of this section with regard to public notification.

(1)

Responsibility. When the provisions of this ordinance or the Michigan Zoning Enabling Act require that notice be published, the city clerk shall be responsible for preparing the content of the notice, having it published in a newspaper of general circulation in the city and mailed or delivered as provided in this section.

(2)

Content. All mail, personal and newspaper notices for public hearings shall:

a.

Describe the nature of the request. Identify whether the request is for a rezoning, text amendment, special land use, planned unit development, variance, appeal, ordinance interpretation or other purpose.

b.

Location. Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the subject property. 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 such as a tax parcel identification number, identifying the nearest cross street, or including a map showing the location of the property. No street addresses must be listed when 11 or more adjacent properties are proposed for rezoning, or when the request is for an ordinance interpretation not involving a specific property.

c.

When and where the request will be considered. Indicate the date, time and place of the public hearing(s).

d.

Written comments. Include a statement describing when and where written comments will be received concerning the request. Include a statement that the public may appear at the public hearing in person or by counsel.

e.

Handicap access. Information concerning how handicap access will be accommodated if the meeting facility is not handicap accessible.

(3)

Personal and mailed notice.

a.

General: When the provisions of this ordinance or state law require that personal or mailed notice be provided, notice shall be provided to:

1.

The owners of property for which approval is being considered, and the applicant, if different than the owner(s) of property.

2.

Except for rezoning requests involving 11 or more adjacent properties or an ordinance interpretation request that does not involve a specific property; to all persons to whom real property is assessed within 300 feet of the boundary of the property subject to the request, regardless of whether the property or occupant is located within eh boundaries of the city. 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 one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. 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 of the structure who shall be requested to post the notice at the primary entrance to the structure.

3.

All neighborhood organizations, public utility companies, railroads and other persons which have requested to receive notice pursuant to section 52-35, Registration to receive notice by mail.

4.

Other governmental units or infrastructure agencies within one mile of the property involved in the application.

b.

Notice by mail/affidavit. Notice shall be deemed mailed by its deposit in the United States mail, first class, properly addressed, postage paid. The city clerk shall prepare a list of property owners and registrants to whom notice was mailed, as well as of anyone to whom personal notice was delivered.

(4)

Timing of notice. Unless otherwise provided in the Michigan Zoning Enabling Act, PA 110 of 2006, or this chapter where applicable, notice of a public hearing shall be provided as follows: For a public hearing on an application for a rezoning, text amendment, special land use, planned unit development, variance, appeal, or ordinance interpretation, not less than 15 days before the date the application will be considered for approval. (This means it must be published in a newspaper of general circulation and for those receiving personal notice, received by mail or personal notice, not less than 15 days before the hearing.)

(Ord. of 9-5-2006)

(a)

General. Any neighborhood organization, public utility company, railroad or any other person may register with the city clerk to receive written notice of all applications for development approval pursuant to section 52-34, Public, personal and mailed notice, or written notice of all applications for development approval within the zoning district in which they are located. The city clerk shall be responsible for providing this notification. Fees may be assessed for the provision of this notice, as established by the legislative body.

(b)

Requirements. The requesting party must provide the city clerk information on an official form to ensure notification can be made. All registered persons must reregister biannually to continue to receive notification pursuant to this section.

(Ord. of 9-5-2006)

Editor's note— Ord. of 9-5-2006 added provisions designated as § 52-53.2 to the Code. At the editor's discretion and after consultation with the city, these provisions were redesignated as § 52-35 to maintain the organizational continuity of the Code.

There shall be a zoning board of appeals appointed by the city commission, with all the powers granted, and organized and controlled by the provisions of Public Act 110 of 2006. (MCL 125.3101, et seq.)

(Ord. of 9-5-2006)

(a)

The zoning board of appeals shall consist of five members. One member shall be a member of the planning commission. One member may be a member of the city commission, but if so, this member may not serve as chairperson of the zoning board of appeals. The remaining regular members and any alternate members shall be selected from the city electors, and shall be representative of the population distribution and of the various interests present within the city. An employee or contractor of the city commission shall not serve on the zoning board of appeals.

(b)

The city commission may appoint not more than two alternate members for the same term as regular members to the zoning board of appeals. An alternate member may be called as specified to serve as a member of the zoning board of appeals in the absence of a regular member if the regular member will be unable to attend one or more meetings. An alternate member may also be called to serve as a member for the purpose of reaching a decision in a case in which the member has abstained for reasons of conflict of interest. The alternate member appointed shall serve in the case until the final decision is made. The alternate member has the same voting rights as a regular member of the zoning board of appeals.

(c)

A member of the zoning board of appeals may be paid a reasonable per diem and reimbursed for expenses actually incurred in the discharge of his duties.

(d)

A member of the zoning board of appeals may be removed by the city commission for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing. A member shall disqualify himself or herself from a vote in which the member has a conflict of interest. Failure of a member to disqualify himself or herself from a vote in which the member has a conflict of interest constitutes malfeasance in office.

(e)

The terms of office for members appointed to the zoning board of appeals shall be for three years, except for members serving because of their membership on the planning commission or city commission, whose terms shall be limited to the time they are members of those bodies. When members are first appointed, the appointments may be for less than three years to provide for staggered terms. A successor shall be appointed not more than one month after the term of the preceding member has expired. Vacancies for unexpired terms shall be filled for the remainder of the term.

(f)

The zoning board of appeals shall adopt rules of procedure for conduct of its meetings and the implementation of its duties. The zoning board of appeals shall annually elect a chairperson, a vice chairperson, and a secretary. A quorum shall be deemed to constitute a majority of the regular members of the zoning board of appeals. A majority shall be necessary to conduct business.

(g)

Meetings of the zoning board of appeals shall be held at the call of the chairperson, or as set forth in the rules of procedure adopted by the zoning board of appeals. The chairperson or acting chairperson may administer oaths and compel attendance of witnesses. All meetings shall be open to the public and conducted pursuant to the requirements of the Open Meetings Act, PA 267 of 1976.

(Ord. of 9-5-2006)

The zoning board of appeals shall act upon questions as they arise in the administration of this chapter. The zoning board of appeals shall perform its duties and exercise its powers as provided in the Michigan Zoning Enabling Act, P.A. 110 of 2006, being MCL 125.3101, et seq.. The zoning board of appeals shall not have the power to alter or change the zoning district classification of any property, nor make any change in the terms of intent of this chapter, but does have the power to act on those matters for which this chapter provides an administrative review, interpretation, variance or temporary land use permit. Within this capacity, the zoning board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination of the zoning administrator, planning commission, or any official administering or enforcing the provisions of this chapter.

(Ord. of 9-5-2006)

(1)

Administrative review. The zoning board of appeals shall 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 zoning administrator or by any other official or by the planning commission in administering or enforcing the provisions of this chapter. This authority shall not include review of PUD decisions of the planning commission.

(2)

Interpretation of the chapter. The zoning board of appeals shall hear and decide upon requests to:

(a)

Interpret the provisions of this chapter when it is alleged that certain provisions are not clear or that they could have more than one meaning. In deciding upon such requests, the zoning board of appeals shall ensure that its interpretation is consistent with the intent and purpose of the chapter, the article in which the language in question is contained and all other relevant provisions in the chapter.

(b)

Determine the precise location of the boundary lines between zoning districts when there is dissatisfaction with a decision made by the zoning administrator.

(c)

Classify a use which is not specifically mentioned as a part of the use regulations of any zoning district so that it conforms to a comparable permitted or prohibited use, in accordance with the purpose and intent of each district. Where there is no comparable permitted or prohibited use, the zoning board of appeals shall so declare, the effect being that the use is not permitted in the city, until or unless the text of the ordinance is amended to permit it.

(d)

Grant permission, and set the duration of, any temporary uses permitted within the city under the terms of this chapter.

(3)

Variance. The zoning board of appeals shall have the power to authorize specific variances from site development requirements such as lot area and width regulations, building height and bulk regulations, yard width and depth regulations, off-street parking and loading space requirements, and sign requirements of this chapter, provided that all the required findings listed below are met and the record of proceedings of the zoning board of appeals contains evidence supporting each conclusion:

(a)

The strict enforcement of the provisions of this chapter would cause an unnecessary hardship and deprive the owner of rights enjoyed by all other property owners within the same zoning district.

(b)

There are conditions and circumstances unique to the property which are not similarly applicable to other properties in the same zoning district.

(c)

The conditions and circumstances unique to the property were not created by the owner, or his predecessor.

(d)

The requested variance will not grant special privileges that are denied other properties similarly situated in and in the same zoning district.

(e)

The requested variance will not be contrary to the spirit and intent of this zoning ordinance.

(4)

Conditions. The zoning board of appeals may impose conditions on an affirmative decision. These may include conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall do all of the following:

(a)

Be designed to protect natural resources, the health, safety, and welfare, as well as social and economic wellbeing of those who will use the land use or activity under consideration, residents, and landowners immediately adjacent to the proposed land use, or activity, and the community as a whole.

(b)

Be related to valid exercise of the police power and purposes which are affected by the proposed use or activity.

(c)

Be necessary to meet the intent and purpose of the zoning regulations; be related to the standards established in the chapter for the land use or activity under consideration and be necessary to ensure compliance with those standards.

(d)

The conditions imposed shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the approving authority and the landowner. The approving authority shall maintain a record of changes granted in conditions.

(5)

Rehearing. No rehearing on an application denied by the zoning board of appeals shall be reconsidered except upon the grounds of newly discovered evidence of a falsehood previously relied upon which is found upon inspection by the zoning board of appeals to be valid. A rehearing shall be processed in the same manner as the original application, including payment of the required fee. A request for rehearing shall be made on behalf of the applicant by either the city commission, the zoning board of appeals or the zoning administrator, within 14 days.

(6)

Reapplication. After 14 days following a decision by the zoning board of appeals have expired, no application for a variance, ordinance interpretation, or appeal shall be resubmitted for a period of one year from the date of the last denial, except upon proof of changed conditions found upon inspection by the zoning board of appeals to be valid.

(Ord. of 9-5-2006)

Notice of appeal. A demand for a zoning appeal can be filed by:

(a)

A person aggrieved, or

(b)

An officer, department, board, or bureau of the state or local unit of government,

(c)

Appeal requests for ordinance interpretation may be filed by written notice of appeal with the city on forms established for that purpose and accompanied by such information as is necessary to decide such request. At a minimum, six copies of the information required to be submitted for a land use permit (or a site plan) in article VII shall be submitted. Upon receipt of a notice of appeal, the city shall promptly transmit the records concerning the appealed action, as well as any related information to the chairperson of the zoning board of appeals.

(d)

All appeals shall be filed not later than 21 days after the decision, order, requirement, permit, or refusal made by the zoning administrator or by any other official or by the planning commission in administering or enforcing the provisions of this chapter.

(Ord. of 9-5-2006; Ord. No. 2018-004, 5-7-2018)

(a)

Upon receipt of a notice of appeal, or of an application for ordinance interpretation, or variance request, the chairperson of the zoning board of appeals shall schedule a reasonable time and date for a public hearing.

(b)

The notices shall be given not less than 15 days before the date of the hearing on a proposed zoning amendment.

(1)

Notices shall be sent to:

a.

The individual demanding the appeal.

b.

The owner (or other owners) of the property, if different.

c.

If the appeal or variance involves more than 11 adjacent properties. The owners of all real property within 300 feet of the boundary for the property for which the approval has been requested, as shown by the latest assessment roll, regardless of whether the owner and property is located in the zoning jurisdiction or not.

d.

If the appeal or variance involves less than 11 adjacent properties. Occupants of any structures within 300 feet of the boundary for the property for which the approval has been requested, regardless of whether the owner and property is located in the zoning jurisdiction or not.

e.

The general public by publication in a newspaper which circulates in the city.

f.

Members of the planning commission, or legislative body and planning commission if the hearing is being held by the legislative body.

(2)

The notice shall include:

a.

The nature of the zoning amendment being requested.

b.

The property(ies) for which the appeal or variance has been made.

c.

If the appeal or variance involves less than 11 adjacent properties, also a listing of all existing street addresses within the property(ies) which is(are) subject of the zoning amendment. (Street addresses do not need to be created and listed if no such addresses currently exist. If there are no street addresses another means of identification may be used.)

d.

The location where the demand for appeal can be viewed and copied prior to the date the zoning amendment hearing.

e.

The date, time and location of when the hearing before the appeals board will take place.

f.

The address at which written comments should be directed prior to the hearing.

g.

For members of the appeals board only, a copy of the demand for appeal, the entire record on the case, the staff report, and supporting documents in the record.

(c)

The appeals board shall hold a hearing on the demand for appeal.

(1)

Representation at hearing. Upon the hearing, any party or parties may appear in person or by agent or by attorney.

(2)

Standards for variance decisions by the appeals board. The appeals board shall base its decisions on variances from the strict requirements of this chapter so that the spirit of this chapter is observed, public safety secured, and substantial justice done based on the following standards:

a.

For dimensional variances. A dimensional variance may be granted by the zoning board of appeals only in cases where the applicant demonstrates in the official record of the public hearing that practical difficulty exists by showing all of the following:

1.

That the need for the requested variance is due to unique circumstances or physical conditions of the property involved, such as narrowness, shallowness, shape, water, or topography and is not due to the applicants personal or economic difficulty.

2.

That the need for the requested variance is not the result of actions of the property owner or previous property owners (self-created).

3.

That strict compliance with regulations governing area, setback, frontage, height, bulk, density or other dimensional requirements will unreasonably prevent the property owner from using the property for a permitted purpose, or will render conformity with those regulations unnecessarily burdensome.

4.

That the requested variance is the minimum variance necessary to do substantial justice to the applicant as well as to other property owners in the district.

5.

That the requested variance will not cause an adverse impact on surrounding property, property values, or the use and enjoyment of property in the neighborhood or zoning district.

b.

For use variances. A use variance may be granted by the zoning board of appeals only in cases where the applicant demonstrates in the official record of the public hearing that undue hardship exists by showing all of the following:

1.

The building, structure, or land cannot be reasonably used for any of the uses permitted by right or by special use permit in the zoning district in which it is located.

2.

That the need for the requested variance is due to unique circumstances or physical conditions of the property involved, such as narrowness, shallowness, shape, water, or topography and is not due to the applicants personal or economic hardship.

3.

That the proposed use will not alter the essential character of the neighborhood.

4.

That the need for the requested variance is not the result of actions of the property owner or previous property owners (self-created).

(d)

If the demand for appeal is for a variance the appeals board shall either grant, grant with conditions, or deny the application. The appeals board may reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination and may issue or direct the issuance of a permit. A majority vote of the membership of the appeals board is necessary to grant a dimensional variance and rule on an interpretation of the ordinance. A two-thirds majority vote of the membership of the appeals board is necessary to grant a use variance. The decision shall be in writing and reflect the reasons for the decision.

(1)

At a minimum the record of the decision shall include:

a.

Formal determination of the facts.

b.

The conclusions derived from the facts (reasons for the decision).

c.

The decision.

(2)

Within eight days of the decision the record of the decision shall be certified and a copy delivered by first class mail to the person demanding the appeal, the administrator, and other parties.

(e)

Any person having an interest affected by such decision shall have a right to appeal to circuit court within 30 days of the certified decision of the appeals board, as provided by law.

(Ord. of 9-5-2006)