East Grand Rapids City Zoning Code
CHAPTER 51
PLANNING COMMISSION
§ 5.200 PLANNING COMMISSION ESTABLISHED.
A city Planning Commission is hereby created pursuant to the provisions of Public Act 33 of 2008, being M.C.L.A. §§ 125.3811 through 125.3825, and shall be accorded all powers, duties, and functions established by said Public Act 33 of 2008, being M.C.L.A. §§ 125.3811 through 125.3825, and Public Act 222 of 1943, being M.C.L.A. §§ 125.51 et seq., as amended, including, but not limited to, the powers, duties and functions herein provided.
(Prior Code, § 5.200)
§ 5.201 ORGANIZATION.
The Commission shall consist of nine members who shall, insofar as possible, represent different professions or occupations. One of the members shall be a City Commissioner. The City Commissioner shall be an "Ex Officio" member as defined in MCL 125.3803(d). The members shall be appointed by the Mayor subject to the approval of a majority vote of the members elect of the City Commission. The term of each member shall be three years, except that three members of the first Commission shall serve for terms of one year, three for terms of two years, and three for terms of three years; provided, however, the term of the City Commission member shall expire with his or her term on the City Commission as provided in MCL 125.3815(5)(c). Members of the Planning Commission shall serve without compensation and hold no other municipal office except the City Commission member and one member may also be a member of the City Zoning Board of Appeals. Terms of office shall commence on July 1 and terminate on June 30 except for the City Commission member. The Mayor and City Manager or other administrative official designated by the City Manager may attend meetings of the Planning Commission but shall have no vote. The Planning Commission shall, during the first meeting in the month of July each year, elect from its members a chairperson, a vicechairperson and a secretary, and shall from time to time adopt rules of procedure which shall become effective upon ratification by the City Commission. The Planning Commission shall hold at least one regular meeting in each month when there is business to be transacted and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record.
(Prior Code, § 5.201) (Ord. effective 6-30-2023)
§ 5.202 CONTRACTS FOR SPECIAL SERVICES.
The Planning Commission may contract with city planners, engineers, architects and other consultants for such services as it may require. The expenditures of the Planning Commission shall be within the amounts appropriated for the purpose by the City Commission, which shall provide the funds, equipment and accommodations necessary for the work of the Planning Commission.
(Prior Code, § 5.202)
§ 5.203 CONTENTS OF MASTER PLAN.
It shall be the function and duty of the Planning Commission to make and adopt a master plan for the physical development of the city, including any areas outside of its boundaries which bear relation to planning within the city. Such plan, with the accompanying maps, plats, charts and descriptive matter, shall show the recommendations of the Planning Commission for the development and maintenance of said territory. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the city and its environs which will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity and general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, the promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds, and the adequate provision of public utilities and other public requirements. The Planning Commission may adopt the plan as a whole by a single resolution, or may by successive resolutions adopt successive parts of the plan, said parts corresponding with major geographical sections of the city or with functional subdivisions of the subject matter of the plan, and may adopt any amendment or extension thereof or addition thereto.
(Prior Code, § 5.203)
§ 5.204 MASTER PLAN REFERRED TO CITY COMMISSION.
Before holding a public hearing on the proposed plan or any part thereof or any amendment, extension or addition thereto, the Planning Commission shall certify the same to the City Commission for its review and advice back to the Planning Commission. The Planning Commission shall, following such certification, take no further action with regard to said plan or any public hearing thereon until a period of 30 days shall have expired from the date the same was certified to the City Commission. The City Commission, within 30 days from the receipt of the same from the Planning Commission, shall forward to the Planning Commission its recommendations and advice, which shall be advisory only on the Planning Commission. In the event that the City Commission forwards no such recommendations or advice within such 30-day period, it shall be presumed that the City Commission is in accord with the said plan, amendment, extension or addition thereto.
(Prior Code, § 5.204)
§ 5.205 HEARING ON MASTER PLAN.
Before the adoption of the plan or any part thereof, or any amendment, extension or addition thereto, the Planning Commission shall hold at least one public hearing thereon; notice of the time and place of which shall be given not less than 15 days prior to such hearing by one publication in a newspaper of general circulation in the city and by registered or certified United States mail to each public utility company operating within the division of the city affected.
(Prior Code, § 5.205)
§ 5.206 ADOPTION OF MASTER PLAN.
The adoption of the plan or of any part or amendment or extension or addition shall be by resolution of the Planning Commission carried by the affirmative vote of not less than six members of the Planning Commission. An attested copy of the plan or part thereof shall be certified to the City Commission and to the County Register of Deeds.
(Prior Code, § 5.206)
§ 5.207 AUTHORIZATION FOR PUBLIC WORKS.
Whenever the Planning Commission shall have adopted the master plan, no street, park or other public way, ground or open space, or public building or structure, shall be authorized by the City Commission until the location, character and extent thereof shall have been submitted to and approved by the Planning Commission. Provided, that in case of disapproval, the Planning Commission shall communicate its reasons to the City Commission, which shall have the power to overrule such disapproval by a recorded vote of not less than two-thirds of its entire membership. Provided, further, that if the public way, ground, space, building, structure or utility is one, the authorization or financing of which does not fall within the province of the City Commission, then the submission to the Planning Commission shall be by the board, commission or body having such jurisdiction and the Planning Commission’s disapproval may be overruled by a vote of not less than two-thirds of the membership of said board, commission or body.
(Prior Code, § 5.207)
§ 5.208 CONTROL OF BUILDING WITHIN PUBLIC WAYS.
(A) In accordance with Public Act 222 of 1943, being M.C.L.A. §§ 125.51 et seq., the Planning Commission shall have the power to make, or cause to be made, and thereafter to amend, and to certify to the City Commission detailed and precise plats showing proposed future outside lines of one or more new, extended or widened streets, avenues, places or other public ways, or of one or more parks, playgrounds or other public grounds or extensions thereof shown on such adopted master plan.
(B) The City Commission may, by ordinance, adopt any such precise plat, or amendment thereto, certified to it by the Planning Commission; provided, that prior notice be given as required by statute. No permit shall be issued for, and no building or structure or part thereof shall be erected on any land located within the proposed future outside lines of any new, extended or widened street, avenue, place or other public way, or of any park, playground or other public grounds or extension thereof shown on any such certified and adopted plat.
(Prior Code, § 5.208)
Statutory reference:
Related provisions, see M.C.L.A. §§ 125.51 and 125.52
§ 5.209 PUBLIC WORKS APPEAL PROCEDURE.
(A) The Board of Zoning Appeals shall have the power on appeal filed with it by the owner of such land to authorize the granting of a permit for the erection of a building or structure, or part thereof, within the lines of any such mapped street, park, playground or other public ground in any case in which such Board finds upon the evidence and arguments presented to it on such appeal:
(1) That the entire property of the appellant located in whole, or in part, within the lines of such mapped street, park, playground or other public ground cannot yield a reasonable return to the owner unless such permit be granted; and
(2) That, balancing the interest of the municipality in preserving the integrity of the adopted map and the interest of the owner of the property in the use and benefits of his or her property, the granting of such permit is required by considerations of justice and equity.
(B) Before taking any such action, the Board of Zoning Appeals shall hold a public hearing thereon, at least ten days’ notice of the time and place of which shall be given to the appellant by mail at the address specified by the appellant in his or her appeal petition. In the event that the Board of Zoning Appeals decides to authorize a building permit, it shall have the power to specify the exact location, ground area, height and other details and conditions of size, character and construction, and also the duration of the building or structure, or part thereof, to be permitted.
(Prior Code, § 5.209)
§ 5.210 CAPITAL IMPROVEMENT PLANS.
The Planning Commission shall, from time to time, recommend to the appropriate public officials programs for public structures and improvements and for the financing thereof. It shall be part of its duties to consult and advise with public officials and agencies, public utility companies, civic, educational, professional and other organizations, and with citizens, with relation to the protecting or carrying out of the plan.
(Prior Code, § 5.210)
§ 5.211 ZONING.
The Planning Commission shall advise the City Commission on matters relating to the administration of the zoning chapter.
(Prior Code, § 5.211)
Cross-reference:
Zoning, see Chapter 50
§ 5.212 SUBDIVISION REGULATIONS.
The Planning Commission shall adopt regulations governing the subdivision of land within the city. Such regulations may provide for proper arrangement of streets in relation to other streets and to the master plan, for adequate and convenient open spaces for traffic, utilities, access of firefighting apparatus, recreation, light and air, and for avoidance of congestion of population. Such regulations may further provide the extent to which streets and other ways shall be graded and improved and to which water and sewer and other utility mains, piping or other facilities shall be installed as a condition precedent to the approval of the plat. All such regulations shall be published as provided by law for the publication of ordinances and before adoption a public hearing shall be held thereon. A copy thereof shall be certified by the Planning Commission to the County Register of Deeds.
(Prior Code, § 5.212)
Cross-reference:
Subdivision control, see Chapter 54
§ 5.213 PLAT APPROVAL.
Whenever the Planning Commission shall have adopted that portion of a master plan relating to the major street system and shall have filed a certified copy of such plan in the office of the County Register of Deeds, and whenever the Planning Commission shall have adopted subdivision regulations as herein provided, then no plat of a subdivision of land within the city shall be filed or recorded until it shall have been approved by the Planning Commission and the City Commission. The Planning Commission shall approve, modify or disapprove of a plat within 60 days after the submission thereof to it; otherwise such plat shall be deemed to have been approved; provided, however, that the applicant for plat approval may waive this requirement and consent to an extension of such period. Provided, also, that a public hearing be held on each proposed plat and notice thereof be given as provided by statute.
(Prior Code, § 5.213)
Statutory reference:
Related provisions, see M.C.L.A. § 125.52
§ 5.214 GENERAL POWERS.
In general, the Planning Commission shall have such powers as may be necessary to enable it to fulfill its functions, promote city planning and carry out the purposes of this chapter.
(Prior Code, § 5.214)