There is hereby established the office of Planning Director in and for the City, and for the purpose of this Zoning Code, the Building Inspector may be designated as the Planning Director.

(Ord. 195. Passed 4-9-90.)

(a)

The Planning Director shall administer and enforce this Zoning Code in accordance with the provisions of Part Fourteen-the Building and Housing Code.

(b)

In the performance of his or her duties, the Planning Director or employees properly authorized to represent him or her shall have the right to enter any building or premise for the purpose of investigation or inspection.

(c)

No land shall be used or occupied and no structure shall be designated, erected, altered or used hereafter until a zoning permit has been issued by the Planning Director. The Planning Director shall issue a zoning permit if he or she is satisfied that the building, structure or premises, and the proposed use thereof, conforms with all the requirements of this Zoning Code. A zoning permit issued by the Inspector shall be required prior to the issuance of any building permit.

(Ord. 195. Passed 4-9-90.)

The Planning Director shall furnish to the various departments, officers or employees vested with the duty or authority to issue permits or licenses such information as will insure proper administration of this Zoning Code. It shall be the duty of such departments, officers and employees to cooperate with the Planning Director in the performance of his or her duties. Any permit or license issued by such departments, officials and employees in conflict with the provisions of this Zoning Code shall be null and void.

(Ord. 195. Passed 4-9-90.)

In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land is or is proposed to be used in violation of this Zoning Code or any amendment, the Planning Director shall have the authority to implement the enforcement thereof by any of the following means:

(a)

He or she may serve notice requiring the removal of any use in violation of this Code upon the owner, agent or tenant of the building or land or upon the architect, builder, contractor or other person who commits or assists in any such violation.

(b)

He or she may call upon the City Attorney to institute any necessary legal proceedings to enforce the provisions of this Code, and the Attorney is hereby authorized to institute appropriate actions to that end.

(c)

He or she may call upon the local law enforcement officer or his or her deputies to assist in the enforcement of this Code.

In addition to the authority vested in the Administrator, the Attorney, or any adjacent or neighboring property owner who would be especially damaged by violations of this Code, may institute proceedings for an injunction to restrain or abate, or to cause the correction or removal of any violation of this Code.

(Ord. 195. Passed 4-9-90.)

Every application for a zoning permit shall be accompanied by plans in duplicate, drawn to scale in black line or blueprint, showing the shape and dimensions of the lot to be built upon or to be changed in its use, the exact location, size and height of the building or structure, and the intended use to be made thereof. One copy of such plans shall be returned to the owner when such plans have been approved by the Planning Director, together with any zoning permit granted.

(Ord. 195. Passed 4-9-90.)

(a)

An amendment to this Zoning Code may be initiated by any of the following methods:

(1)

By Council motion;

(2)

By Planning Commission motion; or

(3)

By petition of property owner(s).

(b)

An amendment to this Zoning Code may be initiated to change any one of the following:

(1)

A provision, rule, or requirement of this Zoning Code, which may be referred to as a text change; or

(2)

A zoning district boundary on the official Zoning Map, which may be referred to as a map change or rezoning.

(c)

An amendment to this Zoning Code shall be enacted following the same procedure used for adoption of the original ordinance establishing the Zoning Code.

(Ord. 195. Passed 4-9-90.)

A Zoning Code amendment petition shall be processed as follows:

(a)

The applicant shall discuss the amendment petition with the Planning Director. If the Planning Director determines that an amendment petition is the appropriate action, the applicant shall be given an amendment application.

(b)

The applicant shall complete the application and submit it to the City Clerk along with the application fee. The application shall not be processed unless the application fee is paid in full. The fee shall be determined by City Council as part of an overall zoning administration fee schedule, and shall be established at an amount to cover the costs of the review process.

(c)

The City Clerk shall contact the Planning Commission Chairperson to determine a date for a public hearing. The application shall be submitted to the City Clerk at least thirty days prior to the next regular Planning Commission meeting; the application shall be submitted by all owners of interest in the land for which the application approval is sought, or the designated agent of the owner. The applicant or a designated representative must be present at all scheduled meetings/hearings, or consideration of the application shall be tabled due to lack of representation.

(d)

If the amendment petition is a rezoning request, the City Clerk shall verify the property's parcel number(s) and legal description(s) upon receipt of the completed application.

(e)

The City Clerk shall make an affidavit of mailing for notices of the public hearing mailed by first class mail to: the applicant, each public utility and railroad within the zoning district(s) affected, and, if the amendment petition is a rezoning request, to owner(s) of property(s) which lies within the area proposed to be rezoned and owner(s) of property within 300 feet of the subject property. Such notice shall be given not less than fifteen days or more than thirty days before the date of the hearing. The City Clerk shall also notify the Planning Director, Planning Commission members, City Assessor, and Board of Zoning Appeals Chairperson.

(f)

The City Clerk shall publish notice of a public hearing to be held by the Planning Commission in one newspaper of general circulation in the City not less than fifteen days or more than thirty days before the date of the hearing.

(g)

The notice shall contain the following information:

(1)

The name of the applicant;

(2)

A legal and general description of the property, if a rezoning request;

(3)

A description of the Zoning Code amendment; and

(4)

The date, time, and place of the public hearing and time period in which written comments may be submitted.

(h)

At the public hearing, the Planning Commission shall allow the public to present oral and written comments about the amendment petition. Public Comments received shall be considered and evaluated. The Planning Commission, by motion, shall make a recommendation to the City Council to approve or deny the amendment petition. The Planning Commission's motion must be passed with a majority vote. The pertinent facts considered and the reasons for the motion made shall be put in writing in a summary report to be provided to the members of the City Council. The summary report shall include the recommendation; a summary of comments made at the public hearing; and detailed findings concerning the petition based on conformance with the review standards in Section 1242.09 consistency with the City of Coopersville Master Plan and compatibility with adjacent uses of land, the natural environment, and the capacities of public services and facilities.

(i)

At the next regularly scheduled City Council meeting, the City Council shall review the Planning Commission recommendation and make a motion to approve or deny the amendment petition. The pertinent facts considered and reasons for the action taken shall be put in writing. The amendment petition must be adopted as an ordinance by a majority of the members of the City Council.

(j)

If a protest petition, meeting the requirements of Section 4 of Act 207 of the Public Acts of 1921, as amended, has been filed with the City Clerk, the amendment petition shall then only be approved by a two-thirds majority vote of the City Council. The protest petition shall be presented to the City Council before final action on the amendment petition is taken. The protest petition shall be signed by one of the following:

(1)

The owners of at least twenty percent of the area of land included in the proposed change, excluding publicly owned land; or

(2)

The owners of at least twenty 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, excluding publicly owned land.

(k)

One notice of adoption shall be published in a newspaper of general circulation in the City within fifteen days after adoption. The notice shall contain either a summary of the regulatory effect of the amendment, including the geographic area affected, or the text of the amendment; the effective date of the ordinance; and the time and place where a copy of the amendment ordinance may be purchased or inspected.

(l)

After the amendment has been adopted, two copies of the amendment and site plan shall be signed and dated by the City Clerk, one for the record and one to be submitted to the applicant. The City Clerk shall also notify the Planning Commission Chairperson, Board of Zoning Appeals Chairperson, Planning Director, Building Inspector, City Engineer, and City Assessor.

(m)

In the case of rezoning amendments, the City Clerk shall amend the official City Zoning Map.

(Ord. 195. Passed 4-9-90; Ord. 459. Passed 3-24-14.)

(a)

All petitions for amendments to this Zoning Code shall be in writing, signed and filed in triplicate with the City Clerk.

(b)

All petitions for amendments shall contain the following, when applicable, as determined by the Planning Director:

(1)

The name and address of the petitioner, who shall have a legal or equitable interest in the land subject to the petition;

(2)

The name, address and interest of every other person having a legal or equitable interest in the land subject to the petition;

(3)

The street address and legal description of the property subject to the proposed amendment;

(4)

The present zoning classification of the land;

(5)

The proposed change in zoning classification of the land;

(6)

The present and proposed use of the property; and

(7)

A preliminary site plan in accordance with Chapter 1284 of this Zoning Code, if otherwise required by this Zoning Code or if desired by the applicant, or a scale diagram or diagrams showing the property subject to the proposed amendment and showing all public and private rights-of-way and easements; the location, dimensions and use of existing and proposed structures; watercourses; curb cuts; and uses, lots and parcels of land within 300 feet of the property proposed for a rezoning. This diagram shall be drawn to a scale of 100 feet to the inch.

(c)

Upon examination and approval of the application as to form, the City Clerk shall transmit the application to the Planning Commission, which shall process the petition as provided in this Zoning Code.

(Ord. 195. Passed 4-9-90.)

Decisions of the Planning Commission and the City Council on amendment petitions shall be in conformance with the following review standards:

(a)

All Amendment Petitions.

(1)

The proposed amendment would be consistent with the City of Coopersville Comprehensive Community Plan and would contribute to the character of development envisioned in the plan for the area affected.

(2)

A justification for a change exists, such as a change in conditions that has taken place since the original Zoning Code adoption, or because a mistake was made in the original zoning regulations.

(3)

The amendment is designed to correct an improper situation and would not result merely in the granting of special privileges.

(4)

An inappropriate precedent would not be set.

(5)

The proposed change would be consistent with the City or Village Zoning Act, Act 207 of the Public Acts of 1921, as amended.

(6)

The proposed change would not be exclusionary.

(7)

The proposed change would be reasonable.

(b)

To Add Additional Land Uses to a Zoning District.

(1)

The proposed land use is not already provided for elsewhere in this Zoning Code.

(2)

The proposed land use would be compatible with uses already permitted in that district, including those permitted by right and by special land use permit.

(3)

The proposed land use would relate well with the spirit and intent of this Zoning Code and the objectives of the zoning district.

(4)

The proposed land use is locationally appropriate throughout the district or is more appropriate in the district if permitted by special land use permit.

(5)

There is a demonstrated need for the proposed use.

(c)

To Change or Add a Provision, Rule or Requirement (Text Change).

(1)

The proposed text change would be in keeping with the spirit and intent of this Zoning Code and the objectives of the zoning district, and would not go beyond the intent and objectives of valid public interests.

(2)

The problem or issue which the proposed text change is intended to address cannot be addressed in another, more appropriate manner.

(3)

The proposed text change is a response to new problems not currently addressed in this Zoning Code.

(4)

The proposed text change would be easily enforceable.

(d)

To Change, Create, Extend or Reduce a Mapped Zoning District (Rezoning Request).

(1)

There are substantial reasons why the property cannot be reasonably used as currently zoned.

(2)

The proposed land use would not be more appropriately handled as a special land use in the existing zoning district or another district.

(3)

The change of present zoning district boundaries is consistent in relation to existing land uses in the area and would not adversely affect property values.

(4)

Adequate sites properly zoned are not available elsewhere to accommodate the proposed use.

(5)

The rezoning would not constitute a "spot zone," granting a special privilege to only one landowner that would not be available to others.

(6)

There has been a change of conditions in the area supporting the proposed rezoning.

(7)

The proposed change would not severely affect traffic, public facilities and the natural characteristics of the area, or significantly change population density, and would be consistent with the purposes for which the current zoning district was adopted.

(8)

The proposed change would not be out of scale with the needs of the community.

(9)

A determination shall be made as to the probable effect of the change on stimulating similar zoning requests in the vicinity and whether or not this secondary effect would negatively impact community plans and public services.

(10)

The proposed boundary is appropriate.

(Ord. 195. Passed 4-9-90.)

All parties making zoning requests, including variances, rezoning, special use permits, site plan reviews and others, will be required to reimburse the City for all costs associated with the request, including the hourly labor cost of City employees.

(Res. 90-03-26-335(021). Passed 3-26-90.)

(a)

Unless a section of this Planning and Zoning Code provides otherwise, whoever violates or fails to comply with any provisions of this Planning and Zoning Code is responsible for a municipal civil infraction and shall be subject to the penalties provided in Section 202.99(b) and (c) of the Administration Code.

(Ord. 94-241. Passed 8-22-94.)

(b)

Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. 195. Passed 4-9-90; Ord. 450. Passed 7-22-13.)