It is the purpose of this Article to provide procedures and related standards for the review and regulation of land uses and uses of structures within the City.

(Ord. No. 93-553, § 32.01, 2-2-1993)

   A.   Site plan review. 

      1.   Site plan required. Except as provided in subsection (2), the development of any new use, the construction of any new structures, any change of an existing use of land or structure that impacts any requirement of these regulations, and all other building or development activities shall require site plan approval prior to construction and/or occupancy pursuant to this Article. The city plan commission shall have jurisdiction regarding site plans for use of land for Multiple Family Development, Cluster Residential Development, and in the OS, Business-Office District. All other land uses and zoning districts where site plans are required shall be submitted for review and approval to the city planner. For example, site plan review is required for any of the following activities:

         (a)   Erection, moving, relocation, conversion or structural alteration to a building or structure to create additional floor space, other than a single-family dwelling.

         (b)   Any development that would, if approved, provide for the establishment of more than one (1) principal use on a parcel, such as a single-family site condominium or similar project where a single parcel is developed to include two (2) or more sites for detached single-family dwellings.

         (c)   Development of nonsingle-family residential uses in single-family districts.

         (d)   Any change in land use or change in the use of a structure that potentially affects compliance with the standards set forth within these regulations.

         (e)   The development or construction of any accessory uses or structures, except for uses or structures that are accessory to a single-family dwelling.

         (f)   Any use or construction for which submission of a site plan is required by any provision of these regulations.

         (g)   Establishment of any regulated use.

      2.   Site plan not required. Notwithstanding the preceding subsection (1), site plan approval is not required for the following activities.

         (a)   Construction, moving, relocating or structurally altering a single- or two-family home, including any customarily incidental accessory structures.

         (b)   Excavating, filling, or otherwise removing soil, provided that such activity is normally and customarily incidental to single family uses described in this Section for which site plan approval is not required.

         (c)   A change in the ownership of land or a structure.

         (d)   A change in the use of a structure to a similar use allowed by right in the zoning district in which it is located, provided that no modification to the site is proposed or required by the standards of the regulations and that the site maintains full and continuing compliance with these regulations.

   B.   Site plan applications. 

      1.   Submission of site plan for review by Plan Commission and/or the City Planner. In order to initiate formal review by the plan commission and/or the city planner, the applicant is required to submit the following materials to the City Planner:

         (a)   Three (3) completed and signed copies of an application for site plan review,

         (b)   Fifteen (15) individually folded copies of the site plan,

         (c)   Evidence that the plan has been submitted for review to affected county, state, and federal agencies, including but not limited to the Wayne County Department of Roads, Wayne County Drain Commissioner, Wayne County Health Department, and Michigan Department of Transportation, and

         (d)   The required review fee.

   These materials must be submitted to the city planner in sufficient time to allow review by City staff and consultants prior to the plan commission workshop at which the review will occur. The city planner shall determine what is "sufficient time", based on the scope and complexity of the proposal.

      2.   Distribution of plans. Upon submission of all required application materials and following completion of all items required by the adopted Site Plan Review Manual, the proposed site plan shall be placed on the next open Plan Commission workshop agenda. The site plan and application shall be distributed by the city planner to appropriate city officials for review. If deemed necessary by the city planner, the plans may also be submitted to the city engineer for review.

   C.   Review and action. 

      1.   Request for revisions. Upon review of the site plan proposal, the plan commission or city planner may require the applicant to revise the plans or supply additional information. The applicant shall submit any requested information or revised plans for review prior to formal action being taken. If a traffic study is requested, it shall be prepared by the City's traffic consultant, at the applicant's expense. All review fees must be paid prior to any review. It shall be the applicant's responsibility to consult with City staff and consultants during this revision process. Action on the site plan shall remain tabled until the next regular plan commission meeting following review of a substantially complete plan at a commission workshop.

      2.   Public hearing. A site plan involving use(s) subject to special land use approval or PUD, Planned Unit Development shall require a public hearing. After payment of appropriate fees, the city planner may set the date of the public hearing for a regular or special meeting of the plan commission. No hearing may held before the plan commission has had an opportunity to review the plan at a workshop session.

      3.   Submission of plans for final review. Eighteen (18) individually folded copies of the revised plan shall be submitted for final review at least ten (10) days prior to the plan commission meeting at which review is scheduled. The revised plan shall be distributed to the appropriate reviewing parties by the city planner.

      4.   Final action. The plan commission and/or the city planner is authorized to take the following final action on a site plan, subject to guidelines in the Zoning Ordinance:

         • Approval,

         • Approval with conditions,

         • Denial, or

         • Table the site plan.

         (a)   Approval. Upon determination that a site plan is in full compliance with the standards and requirements of these regulations and other applicable City regulations and laws, approval shall be granted.

         (b)   Approval with conditions. Upon determination that a site plan is in compliance except for minor modifications, the conditions for approval shall be identified and the applicant shall be given the opportunity to correct the site plan. Conditions may include the requirement to obtain variances or obtain approvals from other agencies. For example, as a condition of approval, the plan commission may delegate the responsibility for final approval of engineering and other technical issues to the city engineer or other appropriate staff. If a plan is approved subject to conditions, the applicant shall submit a revised plan with a revision date, indicating full compliance with the required conditions.

         The plan commission and/or the city planner may require that the applicant resubmit the site plan for final approval by the plan commission after conditions have been met. The plan commission may waive its right to review the revised plan, and delegate authority to the city planner to review and approve a revised site plan on the commission's behalf after required conditions have been addressed. The plan commission may require that the city planner secure a favorable recommendation from city engineer prior to final approval of the revised plan.

         (c)   Denial. Upon determination by the plan commission and/or the city planner that a site plan does not comply with the standards and regulations set forth in these regulations, or that the submittal requires extensive revision to comply with standards and regulations, approval of the site plan shall be denied.

         (d)   Tabling. Upon determination by the plan commission and/or the city planner that a site plan is not sufficiently complete for approval or rejection, or upon a request by the applicant, the plan commission may table or the city planner may delay consideration of a site plan until a later meeting and/or until the necessary information is provided by the applicant.

      5.   Recording of site plan review action. Each action taken with reference to a site plan review shall be duly recorded in the minutes of the plan commission or in the files of the city plan department. The grounds for action taken upon each site plan shall also be recorded.

   After the plan commission has taken final action on a site plan, the plan commission secretary shall clearly mark three (3) copies of the application and final site plans APPROVED or DENIED, as appropriate, with the date that action was taken. One (1) marked copy will be returned to the applicant and the other two (2) copies will be kept on file by the City. In the case of review and approval by the city planner, a similar procedure shall be followed.

      6.   Procedure after site plan approval. 

         (a)   Building permit. Following final approval of the site plan by the plan commission and/or the city planner, the applicant may apply to the City for a building permit. The issuance of a building permit shall be subject to the review of construction plans by the building and safety department, and, if deemed necessary by the building official, the city engineer. It shall be the responsibility of the applicant to obtain all applicable City, county, or state permits prior to issuance of a building permit.

         (b)   Approval expiration. Site plan approval becomes null and void if substantial improvement has not commenced within twelve (12) months following the final approval of the site plan following the issuance of a building permit. In such a case, the applicant shall file a new application. Review by the plan commission and/or the city planner of the new application and site plan shall be required.

         (c)   Approval extensions. Upon written request of the applicant, prior to the expiration of a previously granted approval, the city planner may review the circumstances surrounding a failure to meet the required deadlines. The city planner may grant an extension of up to twelve (12) months to an approval, if he finds that the approved site plan continues to adequately represent current conditions on and surrounding the site and that the site plan conforms to the standards of the City regulations in effect at the time of the applicant's request for an extension.

         (d)   Application for Certificate of Occupancy. Following building construction and completion of site work, the applicant may apply to the City for a Certificate of Occupancy or a Temporary Certificate of Occupancy from the building official in accordance with the procedures set forth in Section 32.07. It shall be the applicant's responsibility to obtain the required certificates prior to any occupancy of the property.

         (e)   Site maintenance after approval. It shall be the responsibility of the owner of a property for which site plan approval has been granted to maintain the property in accordance with the approved site design on a continuing basis until:

            • The property is razed,

            • New zoning regulations supersede the regulations upon which site plan approval was based, or

            • A new site design is approved following City review.

   Any property owner who fails to maintain an approved site plan in full compliance with approvals granted by the plan commission and/or the city planner according to the provisions of these regulations, shall be deemed in violation of the use provisions of these regulations and shall be subject to the penalties stated in Section 32.09.

      7.   Revocation. An approved site plan may be revoked by the plan commission and/or the city planner if construction on the site is not completed or is not progressing in a manner consistent with the approved plans. In such a case, the site plan shall be placed on the agenda of a plan commission meeting for a public hearing. The city planner shall cause written notice to be provided to the applicant at least ten (10) days prior to the meeting and shall publish notice of said hearing no later than five (5) days prior to the date and time. The notice shall reduce all alleged inconsistencies and violations to writing. The city planner, the building official, the applicant, and other interested persons shall be allowed to present information and testimony to the plan commission at the hearing. If the plan commission finds that an inconsistency or violation of the approved site plan exists at the time of the hearing, then, by a majority vote of attending members, the plan commission may revoke the approval of the site plan and order the site returned to its original condition by a date certain. Failure to comply with such an order shall be deemed a violation of the use provisions of these regulations and shall be subject to the penalties stated in Section 32.09.

      8.   Modification to approved plan. A previously approved site plan may be subsequently modified, subject to the following requirements:

         (a)   Review of minor modifications. Minor modifications to an approved site plan may be reviewed and approved by the city planner, provided that the modifications do not involve any one of the following items:

            • A request for a Variance,

            • A special land use,

            • A discretionary decision such as a PUD, Planned Unit Development Mixed Use plan, or

               (1)   Minor modification defined. Minor modifications are changes that do not substantially affect the character or intensity of the use, vehicular or pedestrian circulation, drainage patterns, the demand for public services, or the vulnerability to hazards. Examples of minor modifications include:

                  • An addition to an existing building that does not increase or decrease the floor space by more than twenty-five percent (25%) or three thousand (3,000) square feet, whichever is less.

                  • Reoccupancy of a building by a similar use permitted by these regulations.

                  • Changes to building height that do not add an additional floor.

                  • Additions or alterations to the landscape plan or landscape materials.

                  • Relocation or resizing utility supply lines or service connections.

                  • Relocation or screening of the trash receptacle.

                  • Alterations to the internal parking layout of an off-street lot in which the total available spaces is unchanged.

   Construction of a new building or structure, adding or deleting parking spaces, constructing additional stories or the introduction of additional curb cuts onto a public road are examples of modifications that are not considered minor.

               (2)   Determination of minor modification. The city planner shall determine if the proposed modifications are minor in accordance with the guidelines in this Section. In order to make a determination, the city planner may solicit comments and recommendations from the city attorney, city engineer, and public safety officials, as deemed necessary.

         (b)   Modifications not deemed "minor." In the case where a site plan was approved by the plan commission, and modifications are not deemed minor by the city planner, then review and approval of the changes by the plan commission shall be required. Plan commission review shall be required for all site plans that involve:

            • A request for a variance,

            • A Special Land Use,

            • A discretionary decision such as a PUD, Planned Unit Development Mixed Use 32.04 plan, or,

         (c)   Recording of action. Each action related to modification of a site plan shall be duly recorded in writing on a copy of the approved plan, and shall be kept on file in the office of the city planner. The city planner shall have the authority to require a new site plan for the purposes of clarity. The plan commission shall be advised of all minor site plan modifications approved by the city planner and such modifications shall be noted on the site plan.

   D.   Required information on site plans. The following information shall be included on all site plans, where applicable:

      1.   Application form. The application form shall contain the following information:

         (a)   Applicant's name and address.

         (b)   Name and address of property owner, if different from applicant.

         (c)   Common description of property and complete legal description including the parcel tax identification (Sidwell) number(s).

         (d)   Total gross and net acreage of the site.

         (e)   Existing zoning.

         (f)   Proposed use of land and name of proposed development, if applicable.

         (g)   Proposed buildings to be constructed, including square feet of gross floor area.

         (h)   Proof of property ownership.

         (i)   Names, addresses, and telephone numbers of engineers, attorneys, architects, and other professionals associated with the project.

         (j)   Any additional information required by the Site Plan Review Manual adopted by the plan commission.

      2.   Descriptive and identification data. Site plans shall consist of an overall plan for the entire development, drawn to a scale of not less than one (1) inch = twenty (20) feet for property less than one (1) acre, one (1) inch = thirty (30) feet for property larger than one (1) acre but less than three (3) acres, and one (1) inch = fifty (50) feet for property larger than three (3) acres. Sheet size shall be at least twenty-four (24) inches by thirty-six (36) inches. The following descriptive and identification information shall be included on all site plans:

         (a)   Applicant's name and address, and telephone number.

         (b)   Title block indicating the name of the development.

         (c)   Scale.

         (d)   North point.

         (e)   Dates of submission and revisions (month, day, year).

         (f)   General location map drawn to scale with north point.

         (g)   Legal and common description of property, including parcel identification (Sidwell) number(s).

         (h)   The dimensions of all lots and property lines, showing the relationship of the site to abutting properties. If the site is a part of a larger parcel, the plan should indicate the boundaries of total land holding.

         (i)   A schedule for completing the project, including the phasing or timing of all proposed developments, if applicable.

         (j)   Identification and seal of an architect, engineer, land surveyor, licensed community planner or landscape architect who prepared plan.

         (k)   Written description of proposed land use.

         (l)   Zoning classification of applicant's parcel and all abutting parcels.

         (m)   Proximity to driveways serving adjacent parcels.

         (n)   Proximity to major thoroughfare(s).

         (o)   Notation of any variances that have or must be secured.

         (p)   Net acreage (minus rights-of-way) and total acreage, to the nearest one-tenth 1/10 ) acre.

         (q)   Any additional information required by the Site Plan Review Manual adopted by the plan commission.

      3.   Site data. 

         (a)   Existing lot lines, building lines, structures, parking areas, and other improvements on the site and on parcels within one hundred (100) feet of the site.

         (b)   Front, side, and rear setback dimensioned from minimum location(s).

         (c)   Topography on the site and within one hundred (100) feet of the site at two (2) foot contour intervals, referenced to a lake survey datum benchmark.

         (d)   Proposed site plan features, including buildings, roadway widths and names, and parking areas.

         (e)   Dimensions and centerline of existing and proposed roads and road rights-of-way.

         (f)   Acceleration, deceleration, and passing lanes, where required.

         (g)   Proposed location of driveway entrances and on-site driveways with dimensioned minimum and maximum widths.

         (h)   Typical cross-section of proposed roads and driveways, if applicable.

         (i)   Location of existing drainage courses and drains, open or enclosed and with elevations and/or inverts.

         (j)   Location of existing or proposed underground improvements such as storage tanks, culverts, and water gates.

         (k)   Location of sidewalks within the site and within the right-of-way.

         (l)   Exterior lighting locations and method of shielding.

         (m)   Trash receptacle locations and method of screening, if applicable.

         (n)   Transformer pad location(s) and method of screening, if applicable.

         (o)   Parking spaces, including delineated handicap spaces, typical dimensions of spaces, indication of total number of spaces, drives, and method of surfacing.

         (p)   Information needed to calculate required parking in accordance with Zoning Ordinance standards.

         (q)   The location of lawns and landscaped areas, including required landscaped greenbelts. The percentage of the site used for open space.

         (r)   Landscape plan, including location, size, type and quantity of proposed shrubs, trees and other live plant material. A maintenance plan for landscaping shall be stated on the plan.

         (s)   Location, sizes, and types of existing trees five (5) inches or greater in diameter, measured at one (1) foot above grade, before and after proposed development.

         (t)   Cross-section of proposed berms.

         (u)   Location, description, and County Registrar of Deeds filing identification of all easements for public right-of-way, utilities, access, shared access, and drainage.

         (v)   Designation of fire lanes.

         (w)   Delineation of dedicated loading/unloading area.

         (x)   The location of any outdoor storage of materials and the manner by which it will be screened.

         (y)   Any additional information required by the Site Plan Review Manual adopted by the plan commission.

      4.   Building and structure details. 

         (a)   Location, height, and outside dimensions of all proposed buildings or structures.

         (b)   Indication of the number of stores and number of commercial or office units contained in the building.

         (c)   Building floor plans.

         (d)   Total floor area.

         (e)   Proposed usable floor area.

         (f)   Location, size, height, and lighting information of all proposed signs.

         (g)   Proposed fences and walls, including typical cross-section and height above the ground on both sides.

         (h)   Architectural elevations of building facades and walls, drawn to a scale of one-quarter (¼) inch equals one (1) foot, or another scale approved by the city planner and adequate to determine compliance with the requirements of these regulations. Elevations of proposed buildings shall indicate type of building materials, roof design, dimensions of projections and architectural features, canopies, awnings and overhangs, screen walls and accessory buildings, and any outdoor or roof-located mechanical equipment, such as air conditioning units, heating units, and transformers and related screening. The city planner may permit photographs in lieu of evaluations for existing buildings where minor or no change to the facade is proposed.

         (i)   Any additional information required by the Site Plan Review Manual adopted by the plan commission.

      5.   Information concerning utilities, drainage, and related issues. 

         (a)   Schematic layout of existing and proposed sanitary sewers connections; water mains, and water service leads; hydrants locations that service the site; and, the location and size or capacity of gas, electric, and telephone lines supply lines and building leads.

         (b)   Location and size or capacity of exterior drains, catch basins, retention/detention areas, culverts and other facilities designed to collect store, or transport storm or waste water. The point of discharge for all drains and pipes must be specified on the site plan. Compliance with City discharge standards must be noted.

         (c)   Indication of site grading, drainage patterns, and proposed contours.

         (d)   Soil erosion and sedimentation control measures.

         (e)   Proposed finish grades on the site, including the finish grades of all buildings, driveways, walkways, and parking lots.

         (f)   Listing of types and quantities of hazardous substances and polluting materials that will be used or stored on-site at the facility in quantities greater than twenty-five (25) gallons per month.

         (g)   Areas to be used for the storage, use, loading/unloading, recycling, or disposal of hazardous substances and polluting materials, including interior and exterior areas.

         (h)   Location of underground storage tanks.

         (i)   Delineation of areas on the site that are known or suspected to be contaminated, together with a report on the status of site cleanup.

         (j)   Any additional information required by the Site Plan Review Manual adopted by the plan commission.

      6.   Information concerning residential development. 

         (a)   The number, type and location of each type of residential unit (one-bedroom units, two-bedroom units, etc.).

         (b)   Density calculations by type of residential unit (dwelling units per acre).

         (c)   Lot coverage calculations.

         (d)   Floor plans of typical buildings with square feet of floor area.

         (e)   Garage and carport locations and details, if proposed.

         (f)   Details of the pedestrian circulation system.

         (g)   Location and names of roads and internal drives with an indication of how the proposed circulation system will connect with the existing adjacent roads. The plan must indicate whether proposed roads are intended to be private or dedicated to the public.

         (h)   Community building location, dimensions, floor plans, and architectural elevations, if applicable.

         (i)   Swimming pool fencing detail, including height and type of fence, if applicable.

         (j)   Location and size of recreation open areas.

         (k)   Indication of type of recreation facilities proposed for recreation area.

         (l)   Any additional information required by the Site Plan Review Manual adopted by the plan commission.

      7.   Additional information. 

         (a)   Information related to condominium development. The following information shall be provided with all site plans that include a development involving condominium ownership:

            (1)   Condominium documents, including the proposed master deed, condominium by-laws, restrictive covenants, and easements or examples thereof illustrating the intent of the developer for such documents to apply to the proposed development.

            (2)   Condominium subdivision plan requirements, as specified in Section 66 of Public Act 59 of 1978, as amended, and Rule 401 of the Condominium Rules promulgated by the Michigan Department of Commerce, Corporation and Securities Bureau.

         (b)   Items not applicable. If any of the items listed are not applicable to a particular site, the following must be provided on the site plan:

            (1)   A statement of each item considered not applicable.

            (2)   The reason(s) why each listed item is not considered applicable.

         (c)   Other data that may be required. Any additional information required by the Site Plan Review Manual adopted by the plan commission must be supplied. Other data may be required if deemed necessary by the plan commission, or city planner to determine compliance with provisions in these regulations. Such information may include traffic studies, market analysis, environmental assessment and evaluation of the demand on public facilities and services.

   E.   Standards for site plan approval. The following criteria shall be used as a basis upon which site plans will be reviewed and approved:

      1.   Adequacy of information. The site plan shall include all required information in sufficiently complete and understandable form to provide an accurate description of the proposed uses and structures.

      2.   Site design characteristics. All elements of the site design shall be harmoniously and efficiently organized in relation to topography, the size and type of parcel, the character of adjoining land uses, and the type and size of buildings. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted by these regulations.

      3.   Appearance. Landscaping, earth berms, fencing, signs, walls, and other site features shall be designed and located on the site so that the proposed development is aesthetically pleasing and harmonious with nearby existing or future developments.

      4.   Compliance with district requirements. The site plan shall comply with the district requirements for minimum floor space, height of building, lot size, open space, density and all other requirements set forth in the Schedule of Regulations, Article 29.00, unless otherwise provided in these regulations.

      5.   Privacy. The site design shall provide reasonable visual and sound privacy. Fences, walls, barriers, and landscaping shall be used, as appropriate, for the protection and enhancement of property and the safety and privacy of occupants and uses.

      6.   Emergency vehicle access. All buildings or groups of buildings shall be so arranged as to permit convenient and direct emergency vehicle access.

      7.   Ingress and egress. Every structure or dwelling unit shall be provided with adequate means of ingress and egress via public streets and walkways.

      8.   Pedestrian circulation. The site plan shall provide a pedestrian circulation system that is insulated as completely as is reasonably possible from the vehicular circulation system.

      9.   Vehicular and pedestrian circulation layout. The arrangement of public and common ways for vehicular and pedestrian circulation shall respect the pattern of existing streets or pedestrian ways in the vicinity of the site. The width of streets and drives shall be appropriate for the volume of traffic they will carry. In order to insure public safety and promote efficient traffic flow and turning movements, the applicant may be required to limit street access points or construct a secondary access road.

      10.   Drainage. Appropriate measures shall be taken to insure that the removal or drainage of surface water will not adversely affect adjoining properties or the capacity of the public drainage system. Provisions shall be made for a feasible storm drainage system, the construction of stormwater collection, storage and transportation facilities, and the prevention of erosion. Surface water on all paved areas shall be collected at intervals so that it will not obstruct vehicular or pedestrian traffic and will not create nuisance ponding in paved areas. Final grades may be required to conform to existing and future grades of adjacent properties. Grading and drainage plans shall be subject to review by the director of public works or the city engineer.

      11.   Soil erosion and sedimentation. The proposed development shall include measures to prevent soil erosion and sedimentation during and upon completion of construction, in accordance with current State (MDNR) Standards and City Code of Ordinances, Sections 5-186 to 203.

      12.   Exterior lighting. Exterior lighting shall be designed so that it is deflected away from adjoining properties, visual glare is minimized, and so that it does not impede vision of drivers along adjacent streets.

      13.   Public services. Adequate services and utilities, including water, sewage disposal, sanitary sewer, and stormwater control services, shall be available or provided, and shall be designed with sufficient capacity and durability to properly serve the development.

      14.   Screening. Off-street parking, loading and unloading areas, outside refuse storage areas, and other storage areas that are visible from adjacent homes or from public roads, shall be screened by walls or landscaping of adequate height.

      15.   Danger from hazards. The level of vulnerability to injury or loss from incidents involving hazardous materials or processes shall not exceed the capability of the City to respond to such hazardous incidents so as to prevent injury and loss of life and property. In making such an evaluation, the City shall consider the location, type, characteristics, quantities, and use of hazardous materials or processes in relation to the personnel, training, equipment and materials, and emergency response plans and capabilities of the City.

   Sites that include storage of hazardous materials or waste, fuels, salt, or chemicals shall be designed to prevent spills and discharges of polluting materials to the surface of the ground, groundwater, and public sewer system.

      16.   Health and safety concerns. Any use in any zoning district shall comply with applicable federal, state, county, and local health and pollution laws and regulations with respect to noise; dust, smoke and other air pollutants; vibration; glare and heat; fire and explosive hazards; gases; electromagnetic radiation; radioactive materials; and, toxic and hazardous materials.

      17.   Sequence of development. All development phases shall be designed in logical sequence to insure that each phase will independently function in a safe, convenient and efficient manner without being dependent upon subsequent improvements in a later phase or on other sites.

      18.   Relationship to adjacent sites. All site features, including circulation, parking, building orientation, landscaping, lighting, utilities, common facilities, and open space shall be reviewed with regard to any common relationship with adjacent properties.

(Ord. No. 93-553, § 32.02, 2-2-1993; Ord. No. 98-737, 9-15-1998)

   A.   Intent. The procedures and standards in this section are intended to provide a consistent and uniform method for review of special use proposals. Special uses are uses, either public or private, which possess unique characteristics and therefore cannot be properly classified as permitted uses in a particular zoning district.

   These review procedures and standards are intended to accomplish the following purposes:

      1.   Ensure full compliance with the standards contained in this Ordinance and other applicable local law and ordinances, and state and federal laws.

      2.   Achieve efficient use of the land.

      3.   Prevent adverse impact on adjoining or nearby properties.

      4.   Protect natural resources.

      5.   Facilitate development in accordance with the City's land use objectives.

   B.   Procedures and requirements. Special use applications shall be submitted in accordance with the following procedures and requirements, which provide for review and action by the plan commission. Although a site plan must be submitted with a Special Use Application, approval of the Special Use is required prior to site plan approval.

      1.   Applicant eligibility. The application shall be submitted by the owner of an interest in land for which Special Use Approval is sought, or by the owner's designated agent. The applicant or a designated representative should be present at all scheduled review meetings or consideration of the proposal may be tabled.

      2.   Application forms and documentation. The application for Special Use shall be made on the forms and according to the guidelines in the City's site plan checklist, provided by the building or planning department.

      3.   Application data requirements. A site plan shall be submitted with the Special Use Application. In addition, the applicant shall complete any forms and supply any other data that may be required by the plan commission, or City staff to make the determination required, herein. The applicant shall provide all necessary written or graphic materials to document compliance with the standards set forth in Section 32.03 c.(c), and other regulatory guidelines specified for particular Special Uses elsewhere in this ordinance.

      4.   Site plan preparation. The site plan shall be prepared in the manner specified in Section 32.02, the Site Plan Manual, and on the Special Use Application form. A site plan which does not meet the stipulated requirements shall be considered incomplete and shall therefore not be subject to formal review.

      5.   Submission of a completed plan. The Special Use Application materials, required fees, and six (6) copies of the completed site plan shall be submitted to the building department for review.

      6.   Review by the City Officials. The city planner shall review the site plan and application materials, solicit other appropriate city officials, and prepare a written review, which shall specify any deficiencies in the site plan and application and make recommendations as appropriate.

      7.   Submission of a revised plan and Special Use Application. The applicant shall revise the site plan and application materials, based on the recommendations set forth in the city planner's review. The applicant shall then submit fifteen (15) copies of the revised plan for further review by staff and the plan commission.

      8.   Plan Commission consideration. After all application materials have been received and review fees paid, the application shall be reviewed in accordance with following procedures:

         (a)   Acceptance for processing. The application shall be placed on the agenda of the next available scheduled plan commission meeting and a public hearing shall be scheduled.

         (b)   Public hearing. Notice of the public hearing shall be prepared by the city planner, published in a newspaper which circulates in the City, and sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within three hundred (300) feet of the boundary of the property in question, and to the occupants of all structures within three hundred (300) feet. Such notification shall be made in accordance with the provisions in Section 4a3. of the City or Village Zoning Act, Michigan Public Act 207 of 1921, as amended.

         (c)   Plan Commission review. Following the public hearing, the Special Use proposal and plan shall be reviewed by the plan commission, based on the standards and regulations in this section.

         (d)   Plan revision. If the plan commission determines that revisions are necessary to bring the Special Use proposal into compliance with applicable standards and regulations, the applicant shall be given the opportunity to submit a revised application and site plan. Following submission of revised application materials, the Special Use proposal shall be placed on the agenda of the next available scheduled meeting of the plan commission for further review and possible action.

      9.   Plan Commission determination. The plan commission shall review the application for Special Use, together with the public hearing findings and reports and recommendations from the city planner, building official, city engineer, public safety officials, and other reviewing agencies. The plan commission shall then make a determination on the Special Use Application, based on the requirements and standards of this ordinance. The plan commission may approve, approve with conditions, or deny a Special Use request as follows:

         (a)   Approval. Upon determination by the plan commission that the final plan for Special Use is in compliance with the standards and requirements of this Ordinance and other applicable ordinances and laws, approval shall be granted.

         (b)   Approval with conditions. The plan commission may impose reasonable conditions with the approval of a Special Use proposal, to the extent authorized by law. Conditions imposed shall meet all of the following requirements:

            • Conditions shall be designed to protect natural resources, the health, safety, and welfare and the social and economic well-being 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.

            • Conditions shall be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity.

            • Conditions shall be necessary to meet the intent and purpose of the Zoning Ordinance, related to the standards established in the ordinance for the land use or activity under consideration, and necessary to insure compliance with those standards.

         (c)   Denial. Upon determination by the plan commission that a Special Use proposal does not comply with the standards and regulations set forth in this ordinance, or otherwise would be injurious to the public health, safety, welfare, and orderly development of the City, the Special Use proposal shall be denied. Any appeal to a decision of the plan commission must be taken to the Wayne County Circuit Court.

      10.   Recording of Plan Commission. Each action taken with respect to a Special Use shall be duly recorded in the minutes of the plan commission, as appropriate. The minutes shall record the findings of fact relative to each Special Use proposal, the grounds for the action taken, and any conditions imposed in conjunction with approval.

      11.   Effect of approval. Upon approval, a Special Use shall be deemed a conforming use permitted in the district in which it is proposed, subject to any conditions imposed and final approval of the site plan. Such approval shall affect only the lot or portion thereof on which the proposed use is located.

      12.   Zoning Board of Appeals authority. The zoning board of appeals shall not have the authority to consider an Appeal of a decision by the plan commission concerning a Special Use proposal.

      13.   Application for a building permit. Prior to issuance of a building permit, the applicant shall submit proof of the following:

         (a)   Final approval of the Special Use Application.

         (b)   Final approval of the site plan.

         (c)   Final approval of the engineering plans.

         (c)   Acquisition of all other applicable City, county, or state permits.

      14.   Expiration of Special Use approval. If construction has not commenced within twenty-four (24) months of final approval, the approval becomes null and void and a new application for Special Use shall be required. Upon written request from the applicant, a twelve-month extension may be granted by the plan commission, if the plan commission finds that the approved Special Use Application and site plan adequately represent current conditions on and surrounding the site. The written request for extension must be received prior to the site plan expiration date or a new application for Special Use review will be required.

      15.   Revocation of Special Use Approval. Approval of a Special Use proposal and site plan may be revoked by the plan commission if construction is not in conformance with the approved plans. In such a case, the city planner shall ask that the Special Use proposal be placed on the agenda of the plan commission. Written notice shall be provided to the applicant at least five (5) days prior to the meeting at which the case will be considered. The applicant shall be given the opportunity to present information and to answer questions. The plan commission may revoke approval if it finds that a violation exists and has not been remedied prior to the hearing.

      16.   Performance guarantee. The plan commission may require that a performance guarantee be deposited with the City to ensure faithful completion of the improvements. Improvements that shall be covered by the performance guarantee include, but are not necessarily limited to: landscaping, open space improvements, streets, lighting, and sidewalks. The performance guarantee shall comply with the requirements in Section 2.18.

   C.   Standards for granting Special Use Approval. Approval of a Special Use proposal shall be based on the determination that the proposed use will comply with all applicable requirements of this ordinance, including site plan review criteria set forth in Section 32.03, applicable site development standards for specific uses set forth elsewhere in this ordinance, and the following standards:

      1.   Compatibility with adjacent uses. The proposed Special Use shall be designed, constructed, operated and maintained to be compatible with uses on surrounding land. The site design shall minimize the impact of site activity on surrounding properties. In determining whether this requirement has been met, consideration shall be given to:

         (a)   The location and screening of vehicular circulation and parking areas in relation to surrounding development.

         (b)   The location and screening of outdoor storage, outdoor activity or work areas, and mechanical equipment in relation to surrounding development.

         (c)   The hours of operation of the proposed use. Approval of a Special Use may be conditioned upon operation within specified hours considered appropriate to ensure minimal impact on surrounding uses.

         (d)   The bulk, placement, and materials of construction of the proposed use in relation to surrounding uses.

      2.   Compatibility with the Master Plan. The proposed Special Use shall be consistent with the general principles and objectives of the adopted Dearborn Master Plan.

      3.   Compliance with applicable regulations. The proposed Special Use shall be in compliance with all applicable federal, state, and local laws and ordinances.

      4.   Use of adjacent property. The Special Use shall not interfere with the use and will not adversely affect adjacent property.

      5.   Public services. The proposed Special Use shall not exceed the capacity of existing and available public services, including but not necessarily limited to utilities, public roads, police and fire protection services, and educational services, unless the project proposal contains an acceptable plan for providing necessary services or evidence that such services will be available by the time the Special Use is completed.

      6.   Impact of traffic. The location of the proposed Special Use within the zoning district shall minimize the impact of traffic generated by the proposed use. In determining whether this requirement has been met, consideration shall be given to the following:

         (a)   Proximity and access to major thoroughfares.

         (b)   Estimated traffic generated by the proposed use.

         (c)   Proximity and relation to intersections.

         (d)   Adequacy of driver sight distances.

         (e)   Location of and access to off-street parking.

         (f)   Required vehicular turning movements.

         (g)   Provision of pedestrian traffic.

         (h)   If it is determined to be necessary by the plan commission that a detailed traffic study is needed, the cost shall be borne by the applicant.

      7.   Enhancement of surrounding environment. The proposed Special Use shall provide the maximum feasible enhancement of the surrounding environment, and shall not unreasonably interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value. In determining whether this requirement has been met, consideration shall be given to:

         (a)   The provision of landscaping and other site amenities. Provision of additional landscaping over and above the specific requirements of this ordinance may be required as a condition of approval of a Special Use.

         (b)   The bulk, placement, and materials of construction of proposed structures in relation to surrounding uses.

      8.   Impact on public health, safety, and welfare. The proposed Special Use shall not involve any activities, processes, materials, equipment, or conditions of operation, and shall not be located or designed in a manner that is detrimental to public health, safety, and welfare. In determining whether this requirement has been met, consideration shall be given to the production of traffic, noise, vibration, smoke, fumes, odors, dust, glare, and light.

      9.   Isolation of existing uses. The location of the proposed Special Use shall not result in a small residential area being substantially surrounded by nonresidential development, and further, the location of the proposed Special Use shall not result in a small nonresidential area being substantially surrounded by incompatible uses.

      10.   Need for the proposed use. The plan commission may find that a need for the proposed use does not exist in the community at the time the Special Use proposal is considered.

(Ord. No. 93-553, § 32.03, 2-2-1993)

   A.   Intent. The procedures and standards in this Section are intended to provide a consistent and uniform method for review of planned development proposals. The PUD, Planned Unit Development Mixed Use regulations are intended to provide design and regulatory flexibility so as to accomplish the objectives of this ordinance, using innovative and effective planning. The review procedures and standards set forth in this section are intended to ensure full compliance with the standards contained in this ordinance, particularly Article 23.00, and other applicable local law and ordinances, and state and federal laws. These regulations are further intended to achieve efficient use of land, to protect natural resources, and to prevent adverse impact on adjoining or nearby properties. It is the intent of these provisions to encourage cooperation and consultation between the City and the applicant so as to facilitate development in accordance with the City's land use objectives.

   B.   Procedures and requirements.   

      1.   Amendment required. The approval of a PUD, Planned Unit Development Mixed Use application shall require an amendment to the Zoning Ordinance to revise the zoning map and designate the subject property as PUD, Planned Unit Development. Approval granted under this section, including all aspects of the final plan and conditions imposed on it, shall constitute an inseparable part of the zoning amendment.

      2.   Review procedures. Planned unit development applications shall be submitted in accordance with the following procedures and requirements, which provide for detailed review of PUD, Planned Unit Development Mixed Use proposals by the plan commission, followed by review and approval by the city council:

         (a)   Applicant eligibility. The application shall be submitted by the owner of an interest in land for which PUD, Planned Unit Development Mixed Use approval is sought, or by the owner's designated agent. The applicant or a designated representative shall be present at all scheduled review meetings or consideration of the proposal may be tabled.

         (b)   Application forms and documentation. The application for PUD, Planned Unit Development Mixed Use shall be made on the forms and according to the guidelines specified in the City's site plan checklist, as provided by the city plan department.

         (c)   Site plan preparation. The site plan shall be prepared in the manner specified in this Section, in the City's site plan checklist, and on the PUD, Planned Unit Development Mixed Use application form. A site plan which does not meet the stipulated requirements shall be considered incomplete and shall therefore not be subject to formal review.

         (d)   Submission of a completed plan. The PUD, Planned Unit Development Mixed Use application materials, required fees, and sufficient copies of the completed site plan shall be submitted to the city plan department for review.

         (e)   Review by the City Officials. The city planner and other appropriate city officials may review the site plan and application materials, and prepare a written review, which shall specify any deficiencies in the site plan and make recommendations as appropriate.

         (f)   Submission of a revised plan and PUD, Planned Unit Development Mixed Use application. The applicant shall revise the site plan and application materials, based on the recommendations set forth in the city planner's review. The applicant shall then submit sufficient copies of the revised plan for further review by staff and the plan commission. Copies of the site plan and application shall also be transmitted to the city council for information purposes.

         (g)   Plan Commission consideration. After all application materials have been received and review fees paid, the application shall be reviewed in accordance with following procedures:

            (1)   Acceptance for processing. The application shall be placed on the agenda of the next available scheduled plan commission meeting and a public hearing shall be scheduled.

            (2)   Public hearing. The public hearing shall be scheduled in the same manner as required for Special Uses in Section 32.03 of this ordinance and Section 4a(3) of the City or Village Zoning Act, Michigan Public Act 207 of 1921, as amended. As stated in Act 207, the public hearing and notice required by this Subsection shall be regarded as fulfilling the public hearing and notice requirements for amendment of the Zoning Ordinance. The plan commission and city council may hold a joint public hearing on a PUD, Planned Unit Development Mixed Use application if they so desire.

            (3)   Plan Commission review. Following the public hearing, the PUD, Planned Unit Development proposal and plan shall be reviewed by the Plan Commission in relation to applicable standards and regulations and consistency with the intent and spirit of the PUD, Planned Unit Development Mixed Use concept.

            (4)   Plan revision. If the Plan Commission determines that revisions are necessary to bring the PUD, Planned Unit Development Mixed Use proposal into compliance with applicable standards and regulations, the applicant shall be given the opportunity to submit a revised plan. Following submission of a revised plan, the PUD, Planned Unit Development Mixed Use proposal shall be placed on the agenda of the next available scheduled meeting of the plan commission for further review and possible action.

         (h)   Plan Commission determination. The plan commission shall review the application for PUD, Planned Unit Development Mixed Use, together with the public hearing findings and reports and recommendations from the city planner, building official, city engineer, public safety officials, and other reviewing agencies. The plan commission shall then make a recommendation to the city council, based on the requirements and standards of this ordinance. The plan commission may recommend approval, approval with conditions, or denial as follows:

            (1)   Approval. Upon determination by the plan commission that the final plan for PUD, Planned Unit Development Mixed Use is in compliance with the standards and requirements of this ordinance and other applicable ordinances and laws, the plan commission shall recommend approval.

            (2)   Approval with conditions. The plan commission may recommend that the City Council impose reasonable conditions with the approval of a PUD, Planned Unit Development proposal, to the extent authorized by law, for the following purposes:

               — To insure that public services and facilities affected by the proposed development will be capable of accommodating increased public service loads caused by the development.

               — To protect the natural environment and conserve natural resources and energy.

               — To insure compatibility with adjacent uses of land.

               — To promote the use of land in a socially and economically desirable manner.

               — To protect the public health, safety, and welfare of the individuals in the development and those immediately adjacent, and the community as a whole.

               — To achieve the intent and purpose of this ordinance.

         In the event that the PUD, Planned Unit Development Mixed Use is approved subject to conditions, such conditions shall become a part of the record of approval, and shall be modified only as provided herein.

            (3)   Denial. Upon determination by the plan commission that a PUD, Planned Unit Development Mixed Use proposal does not comply with the standards and regulations set forth in this ordinance, or otherwise would be injurious to the public health, safety, welfare, and orderly development of the City, the plan commission shall recommend denial.

   The plan commission shall prepare and transmit a report to the city council stating its conclusions and recommendation, the basis for its recommendation, and any recommended conditions relating to an affirmative decision.

         (i)   Submission of plans for city council review. After the plan commission makes its recommendation, the applicant shall make any required revisions and submit sufficient copies of the revised site plan and supporting materials for city council review.

         (j)   Public hearing. Upon receipt of a PUD, Planned Unit Development Mixed Use recommendation from the plan commission, the city council may schedule a public hearing, unless a joint public hearing has already occurred, in accordance with subsection g., above. The public hearing shall be scheduled in the same manner as required for Special Uses in Section 32.03 of this Ordinance and Section 4a(3) of the City or Village Zoning Act, Michigan Public Act 207 of 1921, as amended.

         (k)   City Council determination. The city council shall make a determination based on review of the final plan together with the findings of the plan commission, and the reports and recommendation from the city planner, building official, city engineer, public safety officials, and other reviewing agencies. Following completion of its review, the city council shall approve, approve with conditions, or deny a PUD, Planned Unit Development Mixed Use proposal in accordance with the guidelines described previously Subsection (h), above. Upon determination by the plan commission that a Special Use proposal does not comply with the standards and regulations set forth in this ordinance, or otherwise would be injurious to the public health, safety, welfare, and orderly development of the City, the Special Use proposal shall be denied. Any appeal to a decision of the plan commission must be taken to the Wayne County Circuit Court.

         (l)   Recording of plan commission and city council action. Each action taken with respect to a PUD, Planned Unit Development Mixed Use shall be duly recorded in the minutes of the plan commission or city council, as appropriate. The grounds for the action taken shall also be recorded in the minutes.

      3.   Effect of approval. Approval of a PUD, Planned Unit Development Mixed Use proposal shall constitute an amendment to the Zoning Ordinance. All improvements and use of the site shall be in conformity with the PUD, Planned Unit Development Mixed Use amendment and any conditions imposed. Notice of the adoption of the amendment shall be published in accordance with the requirements set forth in Section 32.06. The applicant shall record an affidavit with the register of deeds containing the legal description of the entire project, specifying the date of approval, and declaring that all future improvements will be carried out in accordance with the approved PUD, Planned Unit Development Mixed Use unless an amendment is adopted by the city council upon request by the applicant or his/her successors.

      4.   Zoning Board of Appeals authority. The zoning board of appeals shall not have the authority to consider an appeal of a decision by the city council or plan commission concerning a PUD, Planned Unit Development Mixed Use proposal.

      5.   Application for a building permit. Prior to issuance of a building permit, the applicant shall submit proof of the following:

         (a)   Final approval of the site plan and PUD, Planned Unit Development Mixed Use application.

         (b)   Final approval of the engineering plans.

         (c)   Acquisition of all other applicable city, county, or state permits.

      6.   Expiration of PUD, Planned Unit Development approval. If construction has not commenced within twenty-four (24) months of final approval, the approval becomes null and void and a new application for PUD, Planned Unit Development Mixed Use shall be required. The city council may grant a twelve-month extension, upon written request from the applicant, if it finds that the approved site plan adequately represents current conditions on and surrounding the site. The written request for extension must be received prior to the site plan expiration date. In the event that an approved PUD, Planned Unit Development Mixed Use plan becomes null and void, the City shall initiate proceedings to amend the zoning classification of the site.

      7.   Performance guarantee. The plan commission or city council may require that a performance guarantee be deposited with the City to ensure faithful completion of the improvements. Improvements that shall be covered by the performance guarantee include, but are not necessarily limited to: landscaping, open space improvements, streets, lighting, and sidewalks. The performance guarantee shall comply with the requirements in Section 2.18.

      8.   Revision to approved plans. 

         (a)   General revisions. An approved PUD, Planned Unit Development Mixed Use proposal and plan may be revised in accordance with the procedures set forth for approval of a new proposal.

         (b)   Minor changes. Notwithstanding subsection a., above, minor changes may be permitted by the city planner following normal site plan review procedures outline in Section 32.02, subject to the city planner finding that:

            (1)   The proposed changes will not affect the initial basis on which initial approval was granted.

            (2)   The proposed minor changes will not adversely affect the overall PUD, Planned Unit Development Mixed Use in light of the intent and purposes of such development as stated in Section 18.01.

            (3)   The proposed changes will not affect the character or intensity of use, the general configuration of buildings and uses on the site, vehicular or pedestrian circulation, drainage patterns, or the demand for public services.

   Examples of minor changes include, but are not limited to:

      — Additions or alteration to the landscape plan or landscape materials.

      — Alterations to the internal parking layout of an off-street lot, provided that the total number of spaces does not change.

      — Relocation of a trash receptacle.

      — An increase in floor area of less than twenty percent (20%) of the initial total floor area up to five thousand (5,000) square feet.

         (c)   Application data requirements. Applications for PUD, Planned Unit Development Mixed Use approval shall include all applicable data required for site plan review as specified in Section 32.02 and the City's site plan checklist. In addition, the application shall include the following:

            (1)   An overall plan for the planned development. The overall plan shall graphically represent the development concept using maps and illustrations to indicate each type of use, square footage or acreage allocated to each use, approximate locations of each principal structure and use in the development, setbacks, and typical layouts and elevations for each type of use. The overall plan shall clearly delineate each type of residential use; office, commercial and other nonresidential use; each type of open space; community facilities and public areas; and other types of land use.

            (2)   A map and written explanation of the relationship of the proposed PUD, Planned Unit Development Mixed Use to the City's Master Plan.

            (3)   Information concerning traffic generated by the proposed PUD, Planned Unit Development Mixed Use. Sufficient information shall be provided to allow the City to evaluate the impact of the proposed development on adjoining roads. The following traffic-related information shall be provided: estimates of the volume of traffic generated by each use, the peak hour volume of traffic expected to be generated by the proposed development, a schematic drawing indicating vehicular movement through the site including anticipated turning movements, and measures being proposed to alleviate the impact of the development on the circulation system.

            (4)   Analysis of the fiscal impact of the proposed PUD, Planned Unit Development Mixed Use on the City and the school district.

            (5)   Evidence of market need for the proposed use(s) and the feasibility of completing the project in its entirety. This requirement may be waived by the plan commission upon making the determination, based on existing evidence and knowledge about the local economy, that market support does exist for the proposed uses.

            (6)   Legal documentation of single ownership or control. The documentation shall be in the form of agreements, contracts, covenants, and deed restriction which indicate that the development can be completed as shown on the plans, and further, that all portions of the development that are not to be maintained at public expense will continue to be operated and maintained by the developers or their successors.

            (7)   A specific schedule of the intended development and construction details, including the phasing or timing of all proposed improvements.

            (8)   A draft of ownership and governance documents. These documents shall include the following:

               (a)   Deeds of ownership.

               (b)   Warranties guaranteeing ownership conveyed and described in the deeds.

               (c)   A list of covenants, conditions, and restrictions that are conditions of ownership upon the purchasers and owners in the PUD, Planned Unit Development Mixed Use.

               (d)   Association by-laws (for example, condominium association by-laws) which describe how the association is organized; the duties of the association to operate, manage, and maintain common elements of the PUD, Planned Unit Development Mixed Use; and, the duties of individual shareholders to manage and maintain their own units.

   A.   Intent. The purpose of this Article is to provide guidelines and standards to be followed by the zoning board of appeals in considering requests for variances and appeals, where the jurisdiction of the zoning board of appeals has been established by these regulations or by Michigan Public Act 207 of 1921, as amended.

   B.   Membership. 

      1.   The city council shall appoint a board of appeals consisting of not less than five (5) members, each to be appointed for a term of three (3) years. Appointments of the first members shall be for terms of one (1), two (2), and three (3) years, respectively, so as nearly as possible to provide for the appointment of an equal number of members each year. After the initial appointments, each member shall hold office for the full three-year term.

      2.   Members of the zoning board of appeals shall reside within the City of Dearborn.

      3.   Members of the zoning board of appeals are nominated by the mayor and confirmed by the city council. Members serve at the discretion of the mayor and may be removed in the sole discretion of the mayor at any time for any reason prior to expiration of his/her term.

   C.   Purpose of Variances and Appeals. 

      1.   Appeals. Generally, an appeal may be taken to the zoning board of appeals by a person, or by any office, department, board, or bureau aggrieved by a decision of any administrative or enforcement official or body charged with enforcement of these regulations.

      2.   Variances. Where there are practical difficulties preventing a property owner from conforming with the strict letter of the Zoning Ordinance, the zoning board of appeals shall have the power to authorize Variances from the standards in these regulations, with such conditions and safeguards as it may determine to be necessary so that the spirit of these regulations is observed, public safety secured, and substantial justice done. A variance to permit a use not otherwise permitted within a zoning district (i.e., a "use variance") may be permitted provided the application is reviewed by the city planner with reference to the standards in this ordinance and the Master Plan of the City. In the case of all variances, the zoning board of appeals shall be the body charged with deciding requests for deviation(s) from any provisions in the City's Zoning Ordinance in order to maintain integrity and compatibility within new and existing neighborhoods, structures and land uses in the City. Each member of the zoning board of appeals shall attend a basic training class offered by the Michigan Municipal League within one (1) year of appointment. Current members of the zoning board of appeals must attend the training class within one (1) year from the effective date of this amendment.

   When reviewing a variance request, in addition to the criteria set forth in subsection (F), the zoning board of appeals shall determine whether:

         (a)   Granting a deviation from the provisions of the Zoning Ordinance in a particular case will lead to uneven application of the Zoning Ordinance for all citizens, or

         (b)   Undermine the value of these laws that are intended to provide orderly and predictable development within the community.

         (c)   Each request for a variance will be strictly scrutinized, in order to prevent a negative impact on surrounding land uses and structures, and to preserve the citizenry's ability to rely on the provisions of the Zoning Ordinance.

      3.   The zoning board of appeals shall establish rules and procedures (by-laws) in accordance with the provisions of this ordinance, and the applicable state law.

   D.   Stay of proceedings. An appeal must be filed within ten (10) days of citation of a violation by the director of building and safety. An appeal to the zoning board of appeals shall stay all proceedings in furtherance of the appealed action, unless the director of building and safety certifies to the zoning board of appeals, that by reason of the facts stated in the appeal, a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed other than by a restraining order granted by the Wayne County Circuit Court.

   E.   Application and procedures. 

      1.   Application to the zoning board of appeals. Variances and appeals for which zoning board of appeals action is sought shall be commenced by a person filing an application to the zoning board of appeals on forms as specified by the director of building and safety and accompanied by required fees. The application shall specify the grounds upon which the appeal is based and shall contain a notarized signature of the property owner or owner's agent. Applications involving a request for a variance shall specify the section number(s) containing the standards from which a variance is sought and the nature and extent of such variance.

      2.   Plot plan requirements. Applications involving a specific site shall be accompanied by a plot plan drawn to scale that includes the following information, where applicable:

         (a)   Applicant's name, address, and telephone number.

         (b)   Property identification Sidwell number, scale, north point, and dates of submission and revisions.

         (c)   Zoning classification of petitioner's parcel and all abutting parcels.

         (d)   Existing lot lines, building lines, structures, parking areas, driveways, and other improvements on the site and within fifty (50) feet of the site.

         (e)   For variances requested from any dimensional standard of these regulations, the plot plan shall include verified measurements of existing conditions and the proposed dimensions or calculations regarding the specific standards from which the variance is sought.

         (f)   Any additional information required by the city planner or the zoning board of appeals to make the determination requested herein.

   Where an application to the zoning board of appeals involves a variance sought in conjunction with a site plan review by the plan commission and/or the city planner, the application data requirements for site plan review as set forth in Section 32.02 shall be followed.

      3.   Review by the Zoning Board of Appeals. The building official shall forward the application, along with any supporting materials and plans, to the zoning board of appeals in accordance with subsection 32.05C.2.

   The director of the building and safety department or the zoning board of Appeals shall fix a reasonable time for the hearing of the appeal or variance request, give due notice to the parties to whom real property within three hundred (300) feet of the premises in question is assessed, tenants of the real property within three hundred (300) feet, and decide the appeal or variance within a reasonable time. At the hearing, a party may appear in person or by agent or by attorney.

      4.   Decision by the Zoning Board of Appeals. A three-vote majority of the members of the ZBA shall constitute a quorum for the transaction of business and shall be necessary to reverse an order, requirement, decision, or determination of the administration official or body, or to decide in favor of the applicant any matter upon which they are required to pass under, or to effect any variation on an Ordinance adopted pursuant to Michigan Public Act 207 of 1921, as amended. The concurring vote of four (4) members of the ZBA shall be necessary to approve any use variance.

   The Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination, in accordance with the guidelines set forth herein. To that end, the zoning board of appeals shall have all the powers of the officer or body from whom the Appeal was taken and may issue or direct the issuance of a permit. With an affirmative decision, the board may impose conditions pursuant to Section 4c(2)(a) of Michigan Public Act 207 of 1921, as amended. The decision of the zoning board of appeals shall be final, but any person having an interest affected by a decision of the board may appeal to the Wayne County Circuit Court.

      5.   Record of decision and order. The zoning board of appeals shall prepare and retain a record of each appeal, and shall base its decision on this record. This record shall include:

         (a)   The relevant administrative records and the administrative orders issued thereon relating to the appeal.

         (b)   The notice of the appeal.

         (c)   Such documents, exhibits, plans, photographs, or written reports as may be submitted to the ZBA for its consideration.

         (d)   The written findings of fact, the decisions, the reasons pursuant to subsections (E)(1) and (2), and the conditions imposed by the zoning board of appeals in acting on the appeal shall be entered into the official record, after being signed by the secretary of the board.

      6.   Approval period. If construction has not commenced within twelve (12) months after the zoning board of appeals grants a variance to permit the erection or alteration of a building, then the variance becomes null and void.

   F.   Standards for Variances and Appeals. Variances and appeals shall be granted only in accordance with Michigan Public Act 207 of 1921, as amended, and based on the findings set forth in this section. The extent to which the following criteria apply to a specific case shall be determined by the ZBA, however, at least one (1) of the applicable criteria must be found by the ZBA.

      1.   Criteria applicable to Variances. 

         (a)   Practical difficulties. Compliance with the strict letter of the restrictions governing area, setbacks, frontage, height, bulk, density, or other dimensional provisions would create practical difficulties, unreasonably prevent the use of the property for a permitted purpose, or render conformity with such restrictions unnecessarily burdensome. The showing of mere inconvenience is insufficient to justify a variance.

         (b)   Substantial justice. Granting of a requested variance or appeal would do substantial justice to the applicant as well as to other property owners in the district; or, as an alternative, granting of lesser variance than requested would give substantial relief to the owner of the property involved and be more consistent with justice to other property owners.

         (c)   Public safety and welfare. The requested variance or appeal can be granted in such fashion that the spirit of these regulations will be observed and public safety and welfare secured.

         (d)   Extraordinary circumstances. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties or other similar uses in the same zoning district. The conditions resulting in a variance request cannot be self-created.

         (e)   Preservation of property rights. A variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property owners in the same zoning district.

         (f)   No safety hazard. The granting of a variance or appeal will not increase the hazard of fire or otherwise endanger public safety.

         (g)   No impact on land values. The granting of a variance or appeal will not unreasonably diminish or impair the value of surrounding properties.

         (h)   Neighborhood character. The granting of a variance or appeal will not alter the essential character of the neighborhood.

         (i)   Light and air. The granting of a variance or appeal will not impair the adequate supply of light and air to adjacent property.

         (j)   Promotes orderly development. The size, character and location of a development permitted after granting of a variance shall be in harmony with the surrounding land use and shall promote orderly development in the zoning district in which it is located.

         (k)   Traffic flow. A development permitted upon granting of a variance shall make vehicular and pedestrian traffic no more hazardous than is normal for the district in which it is located, taking into consideration vehicular turning movements, adequacy of sight lines for drivers, location and accessibility of off-street parking, provisions for pedestrian traffic, and measures to reduce contact between pedestrian and vehicular traffic.

         (l)   No nuisance impacts. A development permitted upon granting of a variance shall be designed so as to eliminate any dust, noise, fumes, vibration, smoke, lights, or other undesirable impacts on surrounding properties.

         (m)   Impact on adjacent properties. The location, design, and height of buildings, structures, fences, or landscaping permitted upon granting of a variance shall not interfere with or discourage the appropriate development, continued use, or value of adjacent land or buildings.

         (n)   Relationship to adjacent land uses. The development permitted upon granting of a variance shall relate harmoniously in a physical and economic sense with adjacent land uses. In evaluating this criterion, consideration shall be given to prevailing shopping patterns, convenience of access for patrons, continuity of development, and the need for particular services and facilities in specific areas of the City.

         (o)   Relationship to Master Plan policies. The granting of the variance should be reviewed in reference to the adopted Master Plan policies of the city plan commission, and the zoning board of appeals shall find that the variance will not adversely affect said policies.

      2.   Criteria applicable to Appeals. The ZBA shall reverse an order of an enforcement official only if it finds that the action or decision appealed:

         (a)   Was arbitrary or capricious, or

         (b)   Was based on an erroneous finding of a material fact, or

         (c)   Constituted an abuse of discretion, or

         (d)   Was based on erroneous interpretation of the Zoning Ordinance or zoning law.

         (e)   Appeals from denial of zoning board of appeals may be taken to Wayne County Circuit Court.

(Ord. No. 93-553, § 32.05, 2-2-1993; Ord. No. 01-860, 12-18-2001; Ord. No. 02-904, 4-16-2002; Ord. No. 02-924, 12-3-2002; Ord. No. 03-976, 8-5-2003)

   A.   Initiation of amendment. Amendments to the Zoning Ordinance may be proposed by the owner of property, city planner, city plan commission and city council. After the City Plan Commission has considered the proposed amendment, conducted at least one hearing, and issued its final report, the city council may amend the district boundaries or regulations established by the Zoning Ordinance.

   When the proposal related to land and a zoning classification which has been included in a petition for rezoning within six (6) months from the date of withdrawal or final action upon the prior application, the city plan commission and city council shall not consider the new petition. This limitation shall not prevent the city plan commission and city council from considering a petition for rezoning when significantly altered circumstances, including the land area, zoning classification and new detailed plans for use of the property are raised in the subsequent petition and determine to exist by the city planner.

   Amendments to district boundary lines shall be numbered and accompanied by a map clearly indicating the position of the new or altered district boundaries. The city planner shall periodically incorporate amendments to district boundaries and regulations into the Zoning Ordinance and map through reprinting.

   B.   Application for amendment. A petition for an amendment to the text of this ordinance or an amendment to change the zoning classification of a particular property, shall be commenced by filing a petition with the planning department, on the forms and accompanied by the fees specified. The petition shall explicitly describe the proposed amendment and shall be signed by the applicant. Petitions for rezoning of a specific site shall be accompanied by a plot plan or survey, which shall contain the following information:

      1.   Applicant's name, address, telephone number, statement of ownership, and copy of deed, option, land contract or similar document.

      2.   Scale, north point, and dates of submission and revisions.

      3.   Zoning classification of petitioner's parcel and all abutting parcels.

      4.   Existing lot lines, building lines, structures, parking areas, driveways, and other improvements on the site and within one hundred (100) feet of the site.

      5.   Dimensions, centerlines, and right-of-way widths of all abutting streets and alleys.

      6.   Location of existing drainage courses, floodplains, lakes and streams, woodlots, and large trees greater than eight (8) inches in diameter.

      7.   All existing and proposed easements.

      8.   Location of sanitary sewer systems, existing and proposed.

      9.   Location and size of water mains and building service leads, existing and proposed.

   C.   Review procedures. After the completed petition and all required supporting materials have been received and fees paid, the petition shall be reviewed in accordance with the following procedures:

      1.   Plan commission review. The petition shall be placed on the agenda of the next regularly scheduled meeting of the plan commission. The plan commission shall review the petition for amendment in accordance with the procedures and public hearing and notice requirements set forth in Section 4a and other applicable Sections of Michigan Public Act 207 of 1921, as amended.

   If an individual property or several adjacent properties are proposed for rezoning, the Plan Commission shall give notice of the proposed rezoning to the owner of the property and to all owners of record located within three hundred (300) feet of the property in question at least ten (10) days before the hearing.

   In addition, any petition for amendment shall require a public hearing, notice of which shall be given by publication in a newspaper of general circulation in the City. Notice of the time and place of the hearing shall also be given by mail to each utility company and railroad operating within the district affected.

      2.   Action by the plan commission and city council. Following the hearing on the proposed amendment, the plan commission shall make written findings of fact which it shall transmit together with the comments made at the public hearing, and its recommendations to the city council.

   The city council may hold additional hearings if the council considers it necessary. The city council may by majority vote of its membership:

         (a)   Adopt the proposed amendment.

         (b)   Reject the proposed amendment.

         (c)   Refer the proposed amendment back to the plan commission for further recommendation within a specified time period. Thereafter, the city council may either adopt the amendment with or without the recommended revisions, or reject it.

         (d)   Protest. Whenever a written protest against a proposed amendment is presented in writing to the city clerk, signed by the owners of at least twenty percent (20%) of the area included in the proposed change, or by the owners of at least twenty percent (20%) of the area of land included within an area extending outward one hundred (100) feet from any point on the boundary of land included in the proposed change, excluding publicly owned land in calculating the twenty-percent requirement, such amendment shall not be passed except by the favorable vote of three-fourths (¾) of the entire city council.

      3.   Review considerations. The plan commission and city council shall, at minimum, consider the following before taking action on any proposed amendment:

         (a)   The proposed amendment be in accordance with the basic intent and purpose of the Zoning Ordinance?

         (b)   The proposed amendment further the comprehensive planning goals and be consistent with the Master Plan.

         (c)   Have conditions changed since the Zoning Ordinance was adopted, or was there a mistake in the Zoning Ordinance that justifies the amendment?

         (d)   The amendment correct an inequitable situation created by the Zoning Ordinance, rather than merely grant special privileges?

         (e)   The amendment result in unlawful exclusionary zoning?

         (f)   The amendment set an inappropriate precedent, resulting in the need to correct future planning mistakes?

         (g)   A rezoning is requested, is the proposed zoning consistent with the zoning classification of surrounding land?

         (h)   A rezoning is requested, could all requirements in the proposed zoning classification be complied with on the subject parcel?

      4.   notice and record of amendment adoption. following adoption of an amendment by the City Council, notice shall be published in newspaper of general circulation in the City within fifteen (15) days after adoption, in accordance with Section 4(7) of Michigan Public Act 207 of 1921, as amended. The notice shall include: 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 amendment; and the item and place where a copy of the ordinance may be purchased or inspected. A record of all amendments shall be maintained by the City. A Master Zoning Map shall be maintained by the city planner, which shall identify all map amendments by number and date.

(Ord. No. 93-553, § 32.06, 2-2-1993)

   A.   Permits. 

      1.   Permit required. A building permit or other appropriate permit shall be required as follows:

         (a)   Prior to the erection, alteration, repair, renovation, demolition or removal of any building or structure.

         (b)   Prior to the installation, extension, or replacement of plumbing, electrical, drainage, or similar utility systems.

         (c)   Prior to the establishment of a new use, whether the land is currently vacant or if a change in land use is proposed.

         (d)   Prior to any change in use of an existing building or structure to a different class or type.

      2.   Definition of alteration and repair. For the purposes of this section, the terms "alteration" and "repaired" shall include any change to the structure, which may include such elements as stairway, type of construction, type, class or kind of occupancy, light or ventilation, means of ingress and egress, or other changes affecting or regulated by the adopted City Building Code and any amendments thereof, the Housing Law of Michigan (Public Act 167 of 1917, as amended), these regulations or other applicable regulations of the City.

      3.   Application requirements. No permit shall be issued for construction, alteration, or remodeling of any building or structure until an application has been submitted, showing that the proposed improvements conform with the provisions of these regulations and with the City Building Code.

   Applications for permits required by this Section shall be filed with the building official on forms prescribed by that official. Each application shall be accompanied by a written explanation of the proposed improvements, and, if applicable, a plan of the site drawn to scale. Submitted plans shall be of sufficient detail for the Official to determine whether the proposed improvements conform with these regulations, the Building Code, the State Construction Code Act (Michigan Public Act 230 of 1972, as amended), and other applicable local and federal laws and ordinances.

   A site plan submitted and approved by the plan commission in accordance with these regulations shall satisfy the requirements of this section. At a minimum, the applicant must supply the following information:

         (a)   The location, dimensions and parcel identification Sidwell number of the land parcel.

         (b)   Existing buildings or structures, plus the shape, size, and location of all buildings or structures to be erected, altered, or moved.

         (c)   The existing and intended use of the parcel.

         (d)   On residential parcels, the number of dwelling units contained within each building.

         (e)   The name and address of all persons having an ownership interest in the premises upon which the improvements are proposed, together with a written statement from all such persons indicating knowledge of and agreement with the proposal.

         (f)   All information required by the adopted City Building Codes.

         (g)   Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of these regulations will be complied with.

      4.   Conformity with applicable Ordinances and approved plans. A building permit shall be issued only if, after thorough inspection of the application materials and plans, the building official finds that the proposal conforms with these regulations, the State Construction Code Act, Michigan Public Act 230 of 1972, as amended, City-adopted codes, and other applicable laws and ordinances, except where the building official receives written notice of a variance having been granted by the zoning board of appeals or building code board of appeals.

   A building permit issued on the basis of a site plan approved by the plan commission shall incorporate full compliance with the approved site plan as a condition of the issuance of the permit. Modifications to an approved site plan shall be in compliance with these regulations. Use, layout, or construction at variance with approved plans or application materials shall be deemed in violation of these regulations, and subject to penalties in accordance with Article 32.00.

      5.   Expiration of permits. A building permit issued pursuant to the provisions of these regulations shall be consistent with the procedures stated within the adopted Building Code of the City. Expiration and notification requirements of the applicable code shall be followed.

      6.   Inspection of completed work. The holder of any building permit issued pursuant to the requirements in this Section shall notify the Building Official for a required inspection and request a Certificate of Occupancy upon completion of the work authorized by the permit and prior to occupancy.

   B.   Certificates of Occupancy. A Certificate of Occupancy shall be required prior to occupancy or reoccupancy of any use of land, building or structure. It shall be unlawful for any person, firm or corporation to hereafter occupy or reoccupy or for any owner or agent thereof to permit the occupation or reoccupation of any building or addition hereto, or part thereof, for residential purpose until a Certificate of Occupancy has been issued by the department of building and safety. The following guidelines shall apply to Certificate of Occupancy:

      1.   General requirements. 

         (a)   Purpose. The purpose of a Certificate of Occupancy is to permit the occupancy or use of land, buildings, or structures. The Certificate of Occupancy can be issued only upon the determination by the city planner and the building official that the site is in compliance with the provisions of these regulations, the requirements of the adopted City building and construction codes, adopted city engineering standards, and that all outstanding City fees or other charges have been paid.

         (b)   Certificates for new and existing buildings. Certificates of Occupancy shall be issued for new or existing buildings or structures, or parts thereof, or for existing or new uses of land if, after inspection, the building official finds that any alterations, extensions, repairs, or new construction have been completed in conformity with the provisions of these regulations and other regulations of the City, and that provided further that the proposed use is fully in compliance with these regulations. Failure to obtain a Certificate of Occupancy prior to commencing the use of property shall constitute a violation of these regulations, subject to the penalties set forth in Article 32.00.

         (c)   Temporary Certificates. A Temporary Certificate of Occupancy may be issued by the building official for a portion of a building or structure prior to occupancy of the entire building or structure, provided that such portion of the building, structure, or premises is in conformity with the provisions of these regulations and other applicable regulations of the City, and provided further that no threat to public safety exists. A performance guarantee may be required by an enforcement official in accordance with Section 2.18 as a condition of obtaining a Temporary Certificate. No Temporary Certificate of Occupancy shall be granted for a period in excess of six (6) months on time extensions. The time may be extended with approval of the director of the building and safety department or authorized building official, with such request being received in writing. The date of expiration shall be indicated on the Temporary Certificate; failure to obtain a final Certificate of Occupancy or extension thereof within the specified time shall constitute a violation of these regulations, subject to the penalties set forth in Article 32.00.

         (d)   Certificates for accessory buildings to dwellings. Buildings and structures that are accessory to a dwelling shall not require a separate Certificate of Occupancy, but may be included in the Certificate of Occupancy for the principal use on the same parcel, provided the accessory buildings or uses are shown on the plot plan and are completed at the same time as the principal use.

      2.   Period of validity. A final Certificate of Occupancy shall remain in effect for the life of the building or structure, or part thereof, as long as the specific operation conducted within the building or structure or use of the land continues. A Certificate of Occupancy shall be required of any new occupant upon a change in occupancy of the building, structure, or land.

      3.   Records of Certificates. A record of all Certificates of Occupancy shall be kept in the office of the building official. Copies of such Certificates shall be furnished upon request to a person or persons having a propriety or tenancy interest in the property.

      4.   Application requirements. An application for a Certificate of Occupancy shall be made on forms supplied by the building official and must be accompanied by the fees specified. A Certificate of Occupancy may be processed concurrently with an application for a building permit, if a building permit is required. The city planner shall determine if a nonresidential occupancy change requires site plan review and approval by the plan commission pursuant to Section 32.02.

      5.   Issuance of Certificate. The enforcement official shall inspect a building or structure within fifteen (15) working days after notification by an applicant of the completion of a building or structure or other improvements. The building official and city planner shall issue a certificate of occupancy upon finding that the building or structure, or part thereof, or the use of land conforms with an approved site plan and the provisions of these regulations. If the request for a Certificate of Occupancy is denied, the applicant shall be notified in writing of the denial and the reasons for denial.

(Ord. No. 93-553, § 32.07, 2-2-1993; Ord. No. 94-617, 1-3-1995)

   Any application for an amendment to this ordinance, site plan review, review of a Special Land Use proposal, review of a Planned Unit Development Mixed Use proposal, request for a variance, request for an inspection, request for a building or zoning permit, request for a Certificate of Occupancy, or other request for other action pursuant to the regulations set forth in this ordinance shall be subject to and accompanied by a fee as established by the city council. Such fees shall be collected in advance of any reviews, inspections, or issuance of any permits or approvals. Upon notification of deficient payment of fees, administrative officials charged with enforcement of the ordinance shall cause any permits to be suspended and reject applications for new permits directly associated with the project.

   The assessment and payment of application fees does not affect the requirements for a performance guarantee as specified in Section 2.18.

   There shall be no fee in the case of applications filed in the public interest by a municipal department or city official.

(Ord. No. 93-553, § 32.08, 2-2-1993)

   A.   Public nuisance. Buildings erected, altered, razed or converted, including tents, mobile homes, and trailer coaches, or uses carried on in violation of any provision of these regulations are hereby declared to be a nuisance per se, and shall be subject to abatement or other action by a court of appropriate jurisdiction.

   B.   Violation. Any person, firm, corporation, or agent, or any employee, contractor, or subcontractor of same, who fails to comply with any of the provisions of these regulations or any of the regulations adopted in pursuance thereof, or who impedes or interferes with the enforcement of these regulations by an enforcement official shall be deemed in violation of these regulations.

   C.   Penalties. Any violation of these regulations shall constitute a misdemeanor. Any person who is convicted shall be subject to punishment by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding ninety (90) days for each offense, or both, at the discretion of the court. Each day a violation occurs or continues shall constitute a separate offense.

   Furthermore, the owner or tenant of any building, structure, premise, or part thereof, and any architect, engineer, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains any violation of these regulations may each be found guilty of a separate offense and may be subject to the penalties provided herein. The cost of prosecution shall also be assessed against the violator.

   The imposition of any sentence shall not exempt the offense from meeting compliance with the requirements of these regulations.

   D.   Authority to pursue court action. The city attorney is hereby empowered to commence and pursue any and all necessary and appropriate actions or proceedings in the circuit court, or any other court having jurisdiction, to restrain or prevent any noncompliance with or violation of any of the provisions of these regulations, and to correct, remedy, or abate such noncompliance or violation. Any person aggrieved or adversely affected by such noncompliance or violation may institute suit or join the City in such an action to abate the violation.

   E.   Other remedies. The rights and remedies set forth above shall not preclude the use of other remedies provided by Law, including any additional rights of the City to initiate proceedings in an appropriate court of law to restrain or prevent any noncompliance with any provisions of these regulations, or to correct, remedy, or abate such noncompliance.

   F.   Rights and remedies preserved. Any failure or omission to enforce the provisions of these regulations, and failure or omission to prosecute any violations of these regulations, shall not constitute a waiver of any rights and remedies provided by these regulations or by law, and shall not constitute a waiver nor prevent any further prosecution of violations of these regulations.

(Ord. No. 93-553, § 32.09, 2-2-1993)

   Permanent and current records of this ordinance, including but not necessarily limited to, all maps, amendments, variances, appeals, Special Land Uses, Certificates of Occupancy, and related applications, shall be maintained in the office of the City administrative official having jurisdiction.

   Every rule or regulation, decision, finding of fact, condition of approval, resolution, or other transaction of business of the plan commission or zoning board of appeals shall be duly recorded and filed in the public records of the office of the city clerk.

   A copy of any application, permit, certificate, transcript of a public meeting, or other item of the public record, may be obtained from the appropriate City office upon payment of copying costs.

(Ord. No. 93-553, § 32.10, 2-2-1993)