In accordance with the authority and intent of Act No. 110 of the Public Acts of Michigan of 2006 (MCL 125.3101 et seq.), the city desires to provide for the orderly development of the city, which is essential to the well being of the community, and which will place no undue burden upon developers, industry, commerce, or residents.

The city further desires to assure the provision of adequate sites for industry, commerce, and residences; to provide for the free movement of vehicles upon the proper streets and highways of the city and to facilitate adequate and efficient provision of transportation systems; to protect industry, commerce, and residences against incongruous and incompatible uses of land, and to promote the proper use of land and natural resources for the economic well-being of the city as a whole; to assure the provision of adequate space for the parking of vehicles of customers using commercial, retail and industrial areas; to meet the needs of the city's residents for food, fiber, and energy; to limit the inappropriate overcrowding of land and congestion of population, transportation systems and public facilities; to further adequate provision of sewage disposal, water supply, energy, education, recreation and other public service and facility needs; and that all uses of land and buildings within the city be so related as to provide for economy in government and mutual rapport.

The result of such purposes of this chapter, which relates to the city's comprehensive development plan, will promote and protect the public health, safety, comfort, convenience, and general welfare of the residents, shoppers, and workers in the city.

(Ord. No. H-07-01, § 1.101, 7-24-07)

This chapter shall be known as the zoning ordinance of the City of Dearborn Heights.

(Ord. No. H-07-01, § 1.102, 7-24-07)

(a)

Applicability. The standards and regulations of this chapter shall apply to all land, structures, uses, and land development projects established or commenced after the effective date of this chapter. Accordingly, no lots or parcels may be created or altered, nor any land use established, changed, or commenced, nor any structure constructed, altered, or extended, except in compliance with this chapter.

(b)

Minimum requirements. In interpretation and application, the provisions of this chapter shall be held to be the minimum required for the preservation, protection, and promotion of the public safety, health, convenience, comfort, prosperity, and general welfare.

(c)

Relationship to other ordinances or agreements.

(1)

It is not intended by this chapter to interfere with, abrogate, or annul any ordinance, rules, regulations, or permits previously adopted or issued and not in conflict with any of the provisions of this chapter, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises, and likewise not in conflict with this chapter.

(2)

It is not intended by this chapter to interfere with, abrogate, or annul any easements, covenants, or other agreements between parties; provided, however, that where this chapter imposes a greater restriction or requires larger open spaces, or larger lot areas than are imposed or required by such easements, covenants or agreements, the provisions of this chapter shall control.

(3)

Whenever any provision of this chapter imposes more stringent requirements, regulations, restrictions, or limitations than are imposed or required by the provisions of any other law or ordinance, the provisions of this chapter shall govern.

(d)

Unlawful structures and uses. A structure or use not lawfully existing at the time of adoption of this chapter shall not be made lawful solely by adoption of this chapter. Nonconforming structures and uses are subject to the provisions of chapter article XVIII of this chapter.

(e)

No vested right. Nothing in this chapter shall be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification, or any permissible activities therein. Such rights as may exist through enforcement of this chapter are hereby declared to be subject to subsequent amendment, change, or modification as my be necessary for the preservation, protection, or promotion of the public health, safety, convenience, comfort, prosperity, and general welfare.

(Ord. No. H-07-01, § 1.103, 7-24-07)

(a)

Purpose. Many chapters of the City's Code of Ordinances set forth standards for land use, zoning, and property issues even when they otherwise relate to issues that extend beyond strictly zoning issues. Without limitation, examples of such chapters are: chapter 6, animals; chapter 7, buildings and building regulations; chapter 13, fences; chapter 14, fire prevention and protection; chapter 15, flood damage prevention; chapter 23, planning; chapter 26, signs; chapter 28, streets, sidewalks and other public places; chapter 29, subdivision regulations; and chapter 30, swimming pools. Thus, in order to ensure that land use, zoning, and other property standards are met throughout the Code, this section requires any person to obtain a zoning compliance certificate prior to engaging in the repair, construction, alteration, and/or modification of any premises, any structure, or any part of them.

(b)

Duties of owner or occupant. Prior to permitting the repair, construction, alteration, and/or modification of any premises, any structure, or any part of them, the owner or occupant of the premises and/or structure shall obtain a zoning compliance certificate, after submittal of a complete application and payment of necessary fees as specified below.

(c)

Duties of contractor for owner or occupant. A contractor for an owner or occupant of any premises or any structure shall not commence work with respect to the repair, construction, alteration, and/or modification of any premises, any structure, or any part of them unless a zoning compliance certificate has been obtained prior to the work being commenced.

(d)

Duties with respect to fees.

(1)

Collection. Fees for inspections and the issuance of zoning compliance certificates or copies thereof required or issued under the provisions of this section shall be collected by the city treasurer in advance of the issuance of such certificates.

(2)

Amount. The amount of such fees shall be established by the city council, from time to time, by resolution and shall cover the cost of inspection and supervision resulting from the enforcement of this section.

(3)

Exemption. An owner, an occupant, or a contractor will only have a duty to pay a fee for a zoning compliance certificate to the extent that the type of work to be performed is not already reviewed by virtue of another review and/or permit process that addresses the same zoning, land use, and/or other property issues to be addressed in the process for obtaining a zoning compliance certificate.

(e)

Limitations on duties. An owner, an occupant, or a contractor will only have a duty to obtain a zoning compliance certificate to the extent that the type of work to be performed could actually relate to any zoning, land use, or other property issue regardless of whether the contemplated work actually does relate to any zoning, land use, or other property issues. By way of illustration, and not by way of limitation, work involving the following things necessarily relates to zoning, land use, and/or other property issues:

(1)

Accessory structures less than one hundred (100) square feet in area.

(2)

Fences.

(3)

Retaining walls.

(4)

Water tanks.

(5)

Sidewalks.

(6)

Driveways.

(f)

Application requirements. Applications for zoning compliance certificates shall be filed with the building official and shall be accompanied by a written explanation of the proposed improvements. Application materials shall include sufficient detail for the building official to determine whether the proposed improvements conform to the provisions of this chapter. The building official may require that submittal of an application be accompanied by plans and specifications drawn to scale and showing the following:

(1)

The location, shape, area, and dimensions of the lot or parcel involved.

(2)

The size, shape, dimensions, and location of any existing or proposed structures to be situated on the lot or parcel.

(3)

The existing and proposed use of the lot or parcel and all structures upon it.

(4)

The location and dimensions of any existing and proposed yard, open space, and parking areas.

(5)

Proposed setbacks of structures from lot lines, streets, lakes, and streams.

(6)

Any other information deemed necessary by the building official for the proper enforcement of this chapter.

(g)

Permit issuance. Issuance of zoning compliance certificates under this chapter shall be subject to the following:

(1)

The building official shall issue a zoning compliance certificate within ten business days after determination that the proposed improvements conform with all applicable provisions of this chapter.

(2)

It shall be unlawful to issue a zoning compliance certificate for proposed work that does not or has not been determined to conform to all applicable provisions of this chapter.

(3)

If site plan review or special land use approval is required according to the provisions of article XIV, Procedures and Standards, no zoning compliance certificate shall be issued until the building official has received notification of final approval from the planning commission, including any conditions of approval.

(4)

In all cases where the building official shall refuse to issue a zoning compliance certificate, the cause and reasons for such refusal shall be provided in writing to the applicant.

(5)

Proof of zoning compliance certificate approval shall be posted upon the premises.

(h)

Revocation. The building official may revoke a zoning compliance certificate in the case of failure or neglect to comply with any of the provisions of this chapter, or in the case of any false statement or misrepresentation made in the application for the compliance certificate. The building official shall notify the owner of such revocation in writing.

(i)

Duration. A zoning compliance certificate issued by the building official in accordance with this section shall be valid for a period of three hundred sixty-five (365) calendar days from the date of issuance. If construction is not started within this period, the zoning compliance certificate shall become void. Upon written request, the building official may grant one (1) extension of zoning compliance certificate approval for up to one hundred eighty (180) calendar days.

(j)

Zoning inspections. It shall be the duty of the holder of every zoning compliance certificate to notify the city of the time when the work subject to the compliance certificate is ready for inspection. It shall be the duty of the building official to inspect work performed under an approved zoning compliance certificate for compliance with the provisions of this chapter.

(Ord. No. H-07-01, § 1.104, 7-24-07)

(a)

Permits required. It shall be unlawful for any person to commence excavation for or construction of any building or structure, including moving or renovation of an existing building, without first obtaining a building permit from the building official. No permit shall be issued for the construction, alteration, or remodeling of any building or structure until an application has been submitted in accordance with the provisions of this chapter, showing that the construction proposed is in compliance with the provisions of this chapter and with the city's building code. Site plan approval and/or a zoning compliance certificate shall be required for any project before a building permit may be issued.

No plumbing, electrical, drainage, or other permit shall be issued until the building official has determined that the plans and designated use indicate that the structure and premises, if constructed as planned and proposed, will conform to the provisions of this chapter.

"Alteration" or "repair" of an existing building or structure shall include any changes in structural members, stairways, basic construction, type, kind, or class of occupancy, light, or ventilation, means of egress and ingress, or any other changes affecting or regulated by the building code, the city's minimum housing code, or this chapter, except for minor repairs or changes not involving any of the aforesaid provisions.

(b)

Permits for new use of land. A building permit shall be obtained for any new use of land, whether presently vacant or a change in land use is proposed.

(c)

Permits for new use of buildings or structures. A change of occupancy permit and/or a building permit shall be obtained for any change in use of an existing building or structure to a different class or type.

(Ord. No. H-07-01, § 1.105, 7-24-07)

(a)

Generally. It shall be unlawful to use or permit the use of any land, building, or structure for which a building permit is required, and to use or permit to be used any building or structure hereafter altered, extended, erected, repaired, or moved, until the building official shall have issued a certificate of occupancy stating that the provisions of this chapter have been complied with, except as specified in subsection (f), below.

(b)

Certificate validity. The certificate of occupancy as required by the building code for new construction of or renovations to existing buildings and structures shall also constitute the certificate of occupancy as required by this section.

(c)

Certificates for existing buildings. Certificates of occupancy shall be issued for existing buildings, structures, or parts thereof, or existing uses of land, if after inspection it is found that such buildings, structures, or parts thereof, or such use of land, are in conformity with the provisions of this chapter.

(d)

Temporary certificates. Temporary certificates of occupancy may be issued for a part of a building or structure prior to the occupation of the entire building or structure, provided that such temporary certificate of occupancy shall not remain in force more than six (6) months, nor more than five (5) days after the building or structure is fully completed and ready for occupancy and, provided further, that such portions of the building or structure are in conformity with the provisions of this chapter.

(e)

Records of certificates. A record of all certificates of occupancy shall be kept in the office of the building official.

(f)

Certificates for attached accessory buildings. Buildings or structures accessory and attached to a principal dwelling, building, or structure shall not require a separate certificate of occupancy, but rather may be included in the certificate of occupancy for the principal dwelling, building, or structure on the same lot.

(g)

Application for certificates. A certificate of occupancy shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or alteration of such building shall have been completed in conformity with the provisions and requirements of this chapter. If such certificate is refused for cause, the applicant shall be notified of such refusal and the cause thereof within ten (10) days of the refusal.

(h)

Certificates for nonconforming buildings and uses. See article XVIII, Nonconformities.

(Ord. No. H-07-01, § 1.106, 7-24-07)

The city council shall, by resolution, establish a schedule of fees for all certificate and permit applications required by this chapter. These fees shall be used for the purpose of defraying the cost of administering this chapter. No action shall be taken on any application or appeal until the application is accurate and complete, and all applicable fees, charges, and expenses have been paid in full. The schedule of fees shall be posted on public display in the city offices, and may be changed only by the city council.

(1)

Fees in escrow for professional reviews. An escrow fee may be required by the building official with any application for approval under this chapter, where professional input and review is desired before a final decision is made. The escrow shall be used to pay professional review expenses of engineers, community planners, and any other professionals whose expertise the city values to review the proposed application.

a.

The amount of the escrow fee shall be established based on an estimate of the cost of the services to be rendered by the professionals. Any unused fee collected in escrow shall be returned to the applicant within ninety (90) days of final city action on the applicant's request, or within ninety (90) days of withdraw of the request by the applicant. If actual professional review costs exceed the amount of an escrow, the applicant shall pay the balance due prior to receipt of any certificate, permit, or other approval issued by the city.

b.

The professional review will result in a written report indicating the extent of conformance or nonconformance with this chapter, and identifying any problems that may create a threat to public health, safety, or the general welfare. Mitigation measures or alterations to a proposed design may be identified where they would serve to lessen or eliminate identified impacts. The applicant will receive a copy of any written reports and statement of expenses for the professional services rendered, upon request.

(2)

Performance guarantees. To ensure compliance with this chapter and faithful completion of required improvements, the building official may require that the applicant deposit with the city treasurer a financial guarantee to cover the cost of all improvements required as a condition of project approval. Such guarantees shall be deposited prior to the start of work or issuance of any certificates or permits and shall be subject to the following:

a.

The amount of the performance guarantee shall be established based on an estimate, prepared by the applicant or designated city consultants, of the cost of completing of all required improvements.

b.

"Improvements" shall be limited to those features, upgrades, and enhancements associated with the project considered necessary by the approving authority to protect natural resources, or the health, safety, and welfare of residents of the city and future users of the project including, but not limited to, roadways, lighting, utilities, sidewalks, landscaping and screening, and drainage.

c.

The form of the deposit shall be cash, certified check, irrevocable bank letter of credit or other surety acceptable to the city council.

d.

Performance guarantees shall continue until such time as the city notifies the surety that the conditions imposed upon the development have been met. The surety shall not release the performance guarantee until the building official is satisfied that the conditions for such action have been met.

e.

As work progresses, the city may rebate cash deposits in reasonable proportion to the ratio of work completed on the required improvements. Ten (10) percent of the guarantee shall be retained by the city pending a successful final inspection by the building official of all required improvements.

(Ord. No. H-07-01, § 1.107, 7-24-07)

The standards and requirements of this chapter reflect obligations to the community at large. It shall be the duty of the property owner and all persons having responsibility for the establishment of any use or the construction, alteration or demolition of any structure or site to verify that such work is not in violation of this chapter. Persons having responsibility for work in violation of this chapter shall be deemed responsible for such violations to the same extent as the property owner.

(1)

Violation. Failure to comply with any of the provisions of this chapter, or provisions of permits or certificates granted in accordance with this chapter, shall constitute a violation subject to issuance of a municipal civil infraction citation and other measures allowed by law. The imposition of any fine or other penalty by the court shall not exempt the violator from compliance with the provisions of this chapter.

(2)

Correction period. All violations shall be corrected within thirty (30) days following the receipt of an order to correct from the building official. The building official may grant an extension of up to one hundred eighty (180) days upon determining that the additional time is necessary for correction. The building official may require the immediate correction of a violation upon determining that the violation presents an imminent peril to life or property.

(3)

Penalties. The violation of any provision of this chapter by any firm, corporation, person or persons, or anyone acting on behalf of said person, persons, firm or corporation is a municipal civil infraction, for which the fine shall be as stated in this subsection (3) of this section, plus costs and other sanctions ordered by the court. If the amount of the fine is expressly and specifically provided in this chapter for a particular violation of this chapter, then the amount of the fine for that violation shall be the amount so provided for that particular violation of this chapter. If the amount of the fine is not expressly and specifically provided in this chapter for a particular violation of this chapter, then the amount of the fine shall be as provided in Code section 1-11 for violations of this chapter. If the amount of the fine is not expressly and specifically provided in this chapter for a particular violation of this chapter, and Code section 1-11 no longer exists, is held to be invalid, or does not otherwise provide the amount of the fine, then the fine shall be not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for the first offense and not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00) for subsequent offenses, plus costs and other sanctions ordered by the court.

a.

The imposition of any sentence shall not exempt the offender from compliance with the requirements of this chapter.

b.

For purposes of this section, the term "subsequent offense" shall mean a violation of the provisions of this chapter committed by the same person within three hundred sixty-five (365) calendar days of a previous violation of the same provision for which the person admitted responsibility or was found responsible by the court.

c.

Each day that a violation is permitted to exist shall constitute a separate offense. Offenses committed on subsequent days within a period of seven (7) calendar days following the issuance of a citation for a first offense shall all be considered separate first offenses.

(4)

Public nuisance. Any structure which is erected, altered, or converted, or any use of any structure or lot which is established or altered in violation of any of the provisions of this chapter is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.

(Ord. No. H-07-01, § 1.108, 7-24-07; Ord. No. H-14-04, § I, 5-13-14)

(a)

Duties of enforcement. The city council or its duly authorized representative, as specified in this article, is hereby charged with the duty of enforcing the provisions of this chapter. Accordingly, the administration of this chapter is hereby vested in the following city entities:

(1)

City council (section 36-22).

(2)

City planning commission (section 36-23).

(3)

Zoning board of appeals (section 36-24).

(4)

Zoning enforcement officials, including the building official and city planning consultant (section 36-25).

(b)

Purpose of division. The purpose of this division of the zoning ordinance is to set forth the responsibilities and scope of authority of these entities.

(Ord. No. H-07-01, § 1.201, 7-24-07)

The city council shall have the following responsibilities and authority pursuant to this chapter.

(1)

Adoption of zoning ordinance. In accordance with the intent and purposes expressed in the preamble to [the ordinance from which this chapter is derived], and pursuant to the authority conferred by Michigan Public Act 110, of 2006, as amended, the city council shall have the authority to adopt this chapter, as well as amendments previously considered by the planning commission or at a hearing or as decreed by a court of competent jurisdiction.

(2)

Review and approval of planned development and conditional rezoning proposals. City council review and approval shall be required for all amendments to this chapter, all planned developments and conditional rezoning proposals, in accordance with article XIV, Procedures and Standards, article XVI, Planned Development, and article XVII, Conditional Rezoning.

(3)

Setting of fees. In accordance with section 36-7 of this chapter and section 406 of Michigan Public Act 110 of 2006, as amended, the city council shall have the authority to set all fees for permits, applications, and requests for action pursuant to the regulations set forth in this chapter. In the absence of specific action taken by the city council to set a fee for a specific permit or application, the appropriate city administrative official shall assess the fee based on the estimated costs of processing and reviewing the permit or application.

(4)

Approval of planning commission members. In accordance with Michigan Public Act 285 of 1931, as amended, members of the planning commission shall be appointed by the mayor, subject to the approval of the city council.

(Ord. No. H-07-01, § 1.202, 7-24-07)

(a)

Authority. The planning commission, established by chapter 23 of the City's Code of Ordinances, shall have such powers, duties, and responsibilities as are expressly provided for in this chapter, the Municipal Planning Act (P.A. 285 of 1931, as amended), and the Michigan Zoning Enabling Act (P.A. 110 of 2006, as amended).

(b)

Rules of procedure. The planning commission shall conduct business, organize meetings, and perform its duties as provided for in this chapter, the Municipal Planning Act (P.A. 285 of 1931, as amended), the Michigan Zoning Enabling Act (P.A. 110 of 2006, as amended), the Open Meetings Act (P.A. 267 of 1976), and any adopted planning commission bylaws and rules of procedure.

(c)

Duties of planning commission.

(1)

Zoning ordinance. The planning commission is hereby designated as the commission specified in section 301 of the Michigan Zoning Enabling Act (P.A. 110 of 2006, as amended) and shall perform the duties of said commission as provided in the statute in connection with the amendment of this chapter. Such duties shall include, but are not limited to, the following:

a.

Formulation of the zoning ordinance;

b.

Formulation, review, and recommendation of amendments to the zoning ordinance;

c.

Holding hearings on a proposed zoning ordinance or amendments; and

d.

Reporting its findings and recommendations concerning the zoning ordinance or amendments to city council.

e.

Annual report. At least once per year, the planning commission shall prepare for city council a report on the administration and enforcement of the zoning ordinance and recommendations for amendments or supplements to the [zoning] ordinance.

(2)

Site plan approval. The planning commission shall be responsible for reviewing site plans and making determinations to approve, approve subject to conditions, or deny applications for site plan approval in accordance with article XIV, division 2, Site plan review.

(3)

Special use approval. The planning commission shall be responsible for holding hearings, reviewing, and making determinations to approve, approve subject to conditions, or deny applications for special uses in accordance with article XIV, division 3, Special approval uses.

(4)

Conditional rezoning review. The planning commission shall be responsible for holding hearings, reviewing requests, and for making a recommendation to council to grant approval, approval subject to conditions, or denial of a request for conditional rezoning, in accordance with article XVII, Conditional Rezoning.

(5)

Planned development review. The planning commission shall be responsible for holding hearings, reviewing all applications for planned development projects, and for making a recommendation to city council to grant approval, approval subject to conditions, or denial of a proposed planned development, in accordance with article XVI, Planned Developments.

(6)

Master plan. The planning commission is hereby designated as the commission specified in section 2 of the Municipal Planning Act (P.A. 285 of 1931, as amended) and shall perform the planning duties of said commission as provided in the statute and in chapter 23 of the City's Code of Ordinances.

(7)

Other duties and responsibilities. The planning commission shall be responsible for review of plats and any other matters relating to land development referred to the commission by city council. The planning commission shall recommend appropriate regulations and action on such matters.

(8)

Meetings. Meetings of the planning commission shall be held in accordance with an adopted schedule, at the call of the chairman, or building official, or at such other times as the planning commission may specify in its rules and procedures. All hearings conducted by the planning commission shall be open to the public. The commission shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact; and shall also keep records of its hearings and other official action, which shall be filed in the office of the city clerk.

(Ord. No. H-07-01, § 1.203, 7-24-07)

(a)

Creation and membership.

(1)

Establishment. There is hereby established a zoning board of appeals ("board") which shall perform its duties and exercise its powers as provided in Article VI, Sections 601-607 of Act 110 of the Public Acts of 2006 (MCL 125.3610 et seq.), as amended, and in such a way that the objectives of this chapter shall be observed, public safety secured, and substantial justice done.

(2)

Membership. The board shall consist of at least five (5) members. One (1) member shall be a member of the planning commission, and not less than three (3) shall be the remainder appointed by the mayor, with the approval of city council. One (1) regular member may be a member of city council, but shall not serve as chairperson of the zoning board of appeals.

a.

Alternate members. City council may appoint not more than two (2) alternate members for the same term as regular members to the board. An alternate member may be called to serve as a member of the board in the absence of a regular member if the regular member will be unable to attend one (1) or more meetings. An alternate member may also be called to serve as a member for the purpose of reaching a decision on a case in which a regular member has abstained for reasons of conflict of interest. The alternate member appointed shall serve in the case until a final decision is made. The alternate member has the same voting rights as a regular member of the board.

b.

Terms. Appointments, except for members serving ex officio as planning commission or city council liaisons, shall be for a period of three (3) years. When members are first appointed, the appointments may be for less than three (3) years to provide for staggered terms.

c.

Criteria for membership. Each member of the board shall be a resident of the City of Dearborn Heights, subject to the provisions in the City Charter. An employee or contractor of the city council may not serve as a member of the board.

(3)

Conflict of interest. A member shall disqualify himself or herself from a vote in which the member has a conflict of interest. Failure of a member to disqualify himself or herself from a vote in which the member has a conflict of interest constitutes malfeasance of office.

(4)

Removal and vacancies. Appointed members may be removed for misfeasance, malfeasance, or nonfeasance by the city council only after consideration of written charges and a public hearing. Any appointive vacancies in the board shall be filled in the same manner as new appointments and shall be filled for the remainder of the term.

(5)

Officers and compensation. The board shall annually elect its own chairperson, vice chairperson and a secretary. The compensation of the appointed members of the board shall be fixed by city council.

(b)

Meetings. Meetings of the ZBA shall be held in accordance with an adopted schedule, or at the call of the chairman, or at such other times as the ZBA may specify in its rules and procedures. All hearings conducted by said board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact; and shall also keep records of its hearings and other official action, which shall be filed in the office of the city clerk. A simple majority of the current membership of the board shall constitute a quorum to conduct its business provided that there shall be at minimum of three (3) members to conduct business. The board shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony and the production of books, papers, files and other evidence pertinent to the matters before it.

(c)

Jurisdiction. See article XIV, division 5, Variances and appeals.

(Ord. No. H-07-01, § 1.204, 7-24-07)

(a)

Overview. As specified throughout this chapter, certain actions necessary for the implementation of this chapter shall be administered by the building official and other city administrative officials, the city planning consultant, or their duly authorized assistants or representatives. In carrying out their designated duties, all such enforcement officers shall administer the chapter precisely as it is written and shall not make changes or vary the terms of the chapter.

(b)

Responsibilities of the building official and assistants. In addition to specific responsibilities outlined elsewhere in this chapter, and in addition to specific responsibilities related to enforcement and administration of the adopted building code, the building official or his duly authorized assistants shall have the following responsibilities:

(1)

Provide citizens and public officials with information relative to this chapter and related matters.

(2)

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

(3)

Review all applications for site plan review, special land use review, planned development, and conditional rezoning and take any action required under the guidelines in article XIV, Procedures and Standards, article XVI, Planned Development, and article XVII, Conditional Rezoning.

(4)

Forward to the planning commission all applications for site plan review, special land use review, planned development proposals, conditional rezoning requests, and petitions for amendments to this chapter, and other applications which must be reviewed by the planning commission.

(5)

Forward to the zoning board of appeals all materials related to applications for appeals, variances, of other matters on which the zoning board of appeals is required to act.

(6)

Forward to the city council all recommendations of the planning commission concerning matters on which the city council is required to take final action.

(7)

Report to the planning commission on the status of administrative site plan reviews.

(8)

Periodically report to the planning commission on the status of city's zoning and planning administration.

(9)

Maintain up-to-date zoning map, zoning ordinance text, and office records by recording all amendments and filing all official minutes and documents in an orderly fashion.

(10)

Maintain records as accurately as is feasible of all nonconforming uses, structures, and lots existing on the effective date of this chapter, and update this record as conditions affecting the nonconforming status of such uses changes.

(11)

Review and investigate permit applications to determine compliance with the provisions of the zoning ordinance.

(12)

Issue building or other appropriate permits when all provisions of this chapter and other applicable ordinances have been complied with.

(13)

Issue certificates of occupancy in accordance with article I when all provisions of this chapter and other applicable ordinances have been complied with.

(14)

Perform inspections of buildings, structures, and premises to insure proposed land use changes or improvements are and will remain in compliance with this chapter.

(15)

Investigate alleged violations of this chapter and enforce appropriate corrective measures when required, including issuance of violation notices, issuance of orders to stop work, and revoking of permits.

(16)

Perform other related duties required to administer this chapter.

(c)

Responsibilities of the city planning consultant. In addition to specific responsibilities outlined elsewhere in this chapter, upon request from the city council or other authorized city body or official, the city planning consultant shall have the following responsibilities:

(1)

Prepare and administer such plans and ordinances as are appropriate for the city and its environs, within the scope of the Michigan planning and zoning enabling acts.

(2)

Advise and assist the planning commission and be responsible for carrying out the directives of the city council, planning commission, and building official.

(3)

Provide citizens and public officials with information relative to this chapter and related matters.

(4)

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

(5)

Review all applications for site plan review by the planning commission, special land use review, planned development proposals, and conditional rezoning proposals and take any action required under the guidelines in article XIV, Procedures and Standards, article XVI, Planned Development, and article XVII, Conditional Rezoning.

(6)

Review all applications for amendments to the zoning ordinance and take any action required under the guidelines of article XIV, Procedures and Standards.

(7)

At the request of the planning commission, city council, or building official, draft amendments to the zoning ordinance and other ordinances to accomplish the planning objectives of the city.

(8)

Perform other related duties required to administer this chapter.

(9)

Periodically report to the planning commission on the status of city's zoning and planning administration.

(10)

Perform other related duties required to administer this chapter.

(Ord. No. H-07-01, § 1.205, 7-24-07)