The purpose of this article is to provide for the organization of personnel and procedures for the administration of this chapter, including the submittal and review of land use and development plans, issuance of land and structural use zoning permits, inspections of properties for compliance with the zoning map and regulations, establishment and collection of permit fees, handling of violators and enforcement of the provisions of this chapter and any amendments to it.

(Code 2009, § 48-35; Ord. No. 142, § 23.01, 2-6-1990)

(a)

The provisions of this chapter shall be administered by the city commission, the zoning administrator, the city planning commission and such personnel as designated by the city commission in accordance with the Michigan planning enabling act (MCL 125.3801 et seq.), and the Michigan zoning enabling act (MCL 125.3101 et seq.) and this chapter.

(b)

The city commission shall employ a zoning administrator who shall act as the officer to carry out the enforcement of this chapter. The person selected, the terms of employment and the rate of compensation shall be established by the city commission.

(Code 2009, § 48-36; Ord. No. 142, § 23.02, 1-6-1990; Ord. No. 142G, § 8, 10-15-1996)

(a)

The zoning administrator shall receive and review all applications for zoning permits and approve or disapprove such applications based on compliance with the provisions of this chapter and shall approve issuance of the permit, if the use and the requirements of this chapter are met.

(b)

The zoning administrator shall assist the city commission, the planning commission and the zoning board of appeals in the processing and administering of all zoning appeals and variances, special uses and planned unit development applications and amendments to this chapter.

(c)

The city clerk, with the assistance of the zoning administrator, shall be responsible for updating the zoning map and keeping it current.

(d)

The zoning administrator shall prepare and submit to the city commission and the planning commission a written record of all zoning permits issued during each month. The record shall state the owner's name, location of property, intended use and estimate cost of construction for each permit.

(e)

The zoning administrator shall maintain written records of all actions taken by the zoning administrator.

(Code 2009, § 48-37; Ord. No. 142, § 23.03, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996)

(a)

Zoning permit requirements. A zoning permit is required for all developments and shall be obtained after the effective date of the ordinance from which this chapter is derived from the office of the zoning administrator or his agent by the owner for the following conditions:

(1)

The administrative coordination of zoning permits issued by the city and building permits issued by the building inspector shall be in accordance with section 46-193.

(2)

The construction, enlargement, alteration or moving of any dwelling, building or structure or any part thereof, being used or to be used for agricultural, residential, commercial, industrial, public or semipublic purposes.

(3)

Repairs of a minor nature or minor alterations which do not change the use, occupancy, area, structural strength, fire hazard, fire protection, exits, light, and ventilation of a building shall not require a zoning permit.

(b)

Application for a zoning permit. Application for a zoning permit shall be made in writing upon a form furnished by the zoning administrator, including the following information:

(1)

The location, shape, area and dimensions for the parcel, lot or acreage, and all existing improvements on the lot or parcel.

(2)

The location of the proposed construction, upon the parcel, lot or acreage affected.

(3)

The dimensions, height and bulk of structures.

(4)

The nature of the proposed construction, alteration, or repair and the intended use.

(5)

The proposed number of sleeping rooms, dwelling units, occupants, employees, customers, and other uses.

(6)

The present use of any structure affected by the construction or alteration.

(7)

The yard, open area and parking space dimensions, if applicable.

(8)

The proposed plan and specifications of off-street parking spaces, if applicable.

(9)

The proposed plan and specifications of off-street loading and unloading spaces provided, if applicable.

(10)

Any other information deemed necessary by the zoning administrator to determine and provide for the compliance with and the enforcement of this chapter.

If the information included in and with the application is in compliance with these requirements and all other provisions of this chapter, the zoning administrator shall issue a zoning permit upon payment of the required zoning permit fee.

(c)

Voiding of permit. Any zoning permit granted under this article shall be null and void unless the development proposed shall have its first inspection within one year from the date of granting the permit. The zoning administrator shall notify the holder of the permit at least 30 days prior to the expiration of the one-year period before voidance of the zoning permit is actually declared. The zoning administrator may suspend or revoke a permit issued in error or on a basis of incorrect information supplied by the applicant or his agent or in violation of any of the ordinances or regulations of the city.

(d)

Fees, charges, and expenses. The city commission shall establish a schedule of fees, charges, and expenses, and a collection procedure, for zoning permits, appeals and other matters pertaining to this chapter. The schedule of fees shall be posted in the city office and may be altered or amended only by the city commission. No permit, certificate, special use or planned unit development approval, or variance shall be issued until such costs, charges, fees or expenses listed in this chapter have been paid in full, nor shall any action be taken on proceedings before the zoning board of appeals, until preliminary charges and fees have been paid in full.

(e)

Inspection. The construction or usage affected by any zoning permit shall be subject to the following inspections:

(1)

At time of staking out of building foundation or location of structure or activity area.

(2)

Upon completion of the construction authorized by the permit.

(3)

It shall be the duty of the holder of every permit to notify the zoning administrator when construction is ready for inspection. Upon receipt of such notification for the first inspection, the zoning administrator shall determine whether the location of the proposed building, as indicated by corner stakes, is in accordance with yard setbacks and other requirements of this chapter. The zoning administrator shall issue his written approval at the time of inspection if the building or proposed construction meets the requirements of this chapter.

(4)

Should the zoning administrator determine that the building or structure is not located according to the site and construction plans filed, or is in violation of any provision of this chapter, or any other applicable law, he shall notify, in writing, the holder of the permit. Further construction shall be stayed until correction of the defects set forth has been accomplished and approved upon notice and request for reinspection by the applicant and those inspections completed and compliance certified by the zoning administrator.

(5)

Should a zoning permit holder fail to comply with the requirements of the zoning administrator at any inspection stage, the zoning administrator shall cause notice of such permit cancellation to be securely and conspicuously posted upon or affixed to the construction not conforming to the chapter requirements, and such posting shall be considered as service upon the notice to the permit holder of cancellation thereof; and no further work upon said construction shall be undertaken or permitted until such time as the requirements of this chapter have been met. Failure of the permit holder to make proper notification of the time for inspection shall automatically cancel the permit, requiring issuance of a new permit before construction may proceed.

(Code 2009, § 48-38; Ord. No. 142, § 23.04, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996)

Any violation of any provision of this chapter, is hereby declared to be a municipal civil infraction, a nuisance per se, and subject to the penalties of this chapter.

(Code 2009, § 48-39; Ord. No. 142, § 23.05, 2-6-1990; Ord. No. 277, 12-19-23)

Any person or the agent in charge of such building or land who violates, disobeys, omits, neglects or refuses to comply with, or resists the enforcement of any provision of this chapter or any amendment thereof, shall be responsible for a municipal civil infraction and fined not more than $500.00, together with the cost of prosecution as permitted by state law. Each and every day during which any illegal erection, construction, reconstruction, alteration, maintenance or use continues shall be deemed a separate offense. The paying of a fine or sanctions under this section shall not exempt the offender from meeting the requirements of this chapter. The city's authorized city officials are hereby authorized to issue municipal civil infraction violation notices or municipal civil infraction citations for violations of this chapter. The city commission, or any owner or owners of real estate within the district in which such buildings, structures or land use is situated may institute injunction, mandamus abatement or any other appropriate action, actions, or proceedings to prevent, enjoin, abate, or remove any said unlawful erection, construction, maintenance or use of land, buildings or structures. The rights and remedies herein are cumulative, and in addition to all other remedies provided by law.

(Code 2009, § 48-40; Ord. No. 142, § 23.06, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996; Ord. No. 145I, § 1, 6-20-23; Ord. No. 277, 12-19-23)

The purpose of this article is to establish uniform requirements for the planning and design of developments within the city in order to achieve the following objectives:

(1)

To determine compliance with the provisions of this division;

(2)

To apply provisions of this division equitably and fairly;

(3)

To promote the orderly development of the city;

(4)

To prevent depreciation of land values;

(5)

To ensure a consistent level of quality throughout the community;

(6)

To ensure a harmonious relationship between new development and the existing natural and manmade surroundings;

(7)

To achieve the goals and recommendations of the city master plan; and

(8)

To promote consultation and cooperation between applicants and the city in order that applicants may accomplish their objectives in the utilization of land, consistent with the public purposes of this division and the master plan.

(Ord. No. 143Y, 7-21-2020)

Site plan review shall be required, as applicable, under the following conditions, or under other circumstances required by this division, unless exempted by section 46-71.

Type of project/Level of site plan

(Ord. No. 143Y, 7-21-2020)

Site plan review shall not be required for single family homes and mobile homes located on separate lots or parcels and their accessory uses in any residential (R) district although a land use permit is required from the zoning administrator.

(Ord. No. 143Y, 7-21-2020)

The zoning administrator shall not issue a zoning permit for construction of, or addition to, any use until a final site plan has been approved by the planning commission and is in effect. A use of land requiring site plan review and approval, not involving a building or structure, shall not be commenced or expanded until a final site plan has been approved by the planning commission and a zoning permit has been issued.

(Ord. No. 143Y, 7-21-2020)

No grading, removal of trees or other vegetation, land filling, or construction of improvements shall commence until a final site plan is approved and is in effect, except as provided in this division.

(Ord. No. 143Y, 7-21-2020)

East Jordan zoning administrator and/or planner shall have the authority to conduct a pre-application meeting with the applicant/developer to assist them in understanding the site plan review process and other ordinance requirements; and to provide insight as to what portions of their proposed development may be of special concern to the planning commission.

This conference is not mandatory, but is recommended for small and large projects alike. For large projects, a pre-application conference should be held several months in advance of the desired start of construction. Such an advance conference will allow the applicant/developer time to prepare the needed information for the planning commission to make a proper review.

(Ord. No. 143Y, 7-21-2020)

The process for reviewing the site plan shall be as follows:

(1)

Site plan and level "A" reviews shall be performed by the zoning administrator as follows:

a.

Three copies of a full-size complete site plan and an electronic version, in a format specified by the city, shall be submitted along with an application for that purpose and a fee, as established by the city council.

b.

The zoning administrator shall review the site plan for completeness and shall obtain comments, as deemed necessary, from city departments or consultants.

c.

If the site plan is found to be incomplete, the zoning administrator shall return the plot plan or site plan to the applicant with a list of items needed to make the plot plan or site plan complete.

d.

Once the site plan is determined to be complete, the zoning administrator shall notify and seek comment from other city departments as applicable. A joint review of all the applicable departments shall be arranged and held within seven days.

e.

The zoning administrator shall consider the site plan, any comments received and the applicable standards of this division and shall either approve the site plan, as submitted, if all applicable requirements and the standards of section 48-76 have been met; approve the plot plan or site plan with conditions; or deny approval of the site plan, if applicable requirements and standards have not been met.

f.

The reasons for the zoning administrator's action, along with any conditions that may be attached, shall be stated in writing and provided to the applicant.

g.

If approved, two copies of the final site plan shall be signed and dated by the zoning administrator and the applicant. One copy, along with the digital version, shall be kept on file with the city and one copy shall be returned to the applicant or their designated representative. If the plan is approved with conditions, a revised plan shall be submitted reflecting those conditions and signed by the applicant and zoning administrator prior to the issuance of any permits.

(2)

Site plan and level "B" reviews shall be performed by the zoning administrator and planning commission as follows:

a.

Three copies of a full size complete plot plan or site plan and an electronic version, in a format specified by the city, shall be submitted along with an application for that purpose and a fee, as established by the city council.

b.

The zoning administrator shall review the site plan for completeness and shall obtain comments, as deemed necessary, from city departments or consultants.

c.

If the site plan is found to be incomplete, the zoning administrator shall return the site plan to the applicant with a list of items needed to make the site plan complete.

d.

Once the zoning administrator determines the site plan is complete, the applicant will submit three revised copies, if applicable, of a full size complete site plan, seven 11-inch by 17-inch copies and an electronic version, in a format specified by the city. The zoning administrator shall notify and seek comment from other city departments as applicable. A joint review of all the applicable departments shall be arranged and held within seven days.

e.

The zoning administrator shall transmit the site plan to the planning commission for consideration at its next meeting that meets the noticing requirements. Comments, if any, from the public, city departments and consultants shall be transmitted to the planning commission prior to its review of the plan.

f.

The planning commission shall consider the site plan and shall either recommend approval of the site plan, as submitted, if all applicable requirements and standards have been met; recommend approval of the site plan with conditions; or recommend denial of the site plan if applicable requirements and standards have not been met. The planning commission review shall be based on the requirements of this chapter, comments received from city departments and consultants, and, specifically, the review standards of section 48-78.

g.

If approved, two copies of the final site plan shall be signed and dated by the planning commission chairman and the applicant. One copy, along with the digital version, shall be kept on file with the city and one copy shall be returned to the applicant or their designated representative. If the plan is approved with conditions, a revised plan shall be submitted reflecting those conditions and signed by the applicant and planning commission chairman prior to the issuance of any permits.

h.

If required, the zoning administrator shall forward the recommendation to city council for review, including all relevant documentation and planning commission comments as to what the city council review would be based upon in part. City council shall consider the site plan and shall either approve the site plan, as submitted, if all applicable requirements and standards have been met; approve the site plan with conditions; or deny approval of the site plan if applicable requirements and standards have not been met. The city council review shall be based on the requirements of this chapter, comments received from city departments and consultants, and, specifically, the review standards of section 46-78.

i.

If approved, two copies of the site plan shall be signed and dated by the city clerk on behalf of the city council and the applicant. One copy, plus the digital copy, shall be kept on file with the city and one copy shall be returned to the applicant or their designated representative. If the plan is approved with conditions, a revised plan shall be submitted reflecting those conditions and signed by the applicant and the planning commission chairperson, prior to the issuance of any permits.

(Ord. No. 143Y, 7-21-2020)

(a)

Required content. Each site plan submitted shall contain the information detailed in Table 46-76 as applicable:

Required for site plan—Two levels

(b)

Information waiver. Specific requirements of either a level "A" or "B" site plan may be waived by the zoning administrator where it is determined that such information is not applicable to the request. The planning commission and/or the city council reserves the right to request the waived information for level B site plan reviews in their decision making process.

(c)

Additional reports/study. The zoning administrator, planning commission or city council may require additional studies, reports or written opinions from qualified consultants to determine compliance with this division or to ensure negative impacts to public health, safety and welfare are avoided or mitigated. These reports/studies may include, but are not limited to, traffic studies, transportation plans, geotechnical reports, flood hazard evaluations or environmental assessments. The zoning administrator, planning commission, or city council shall have the authority to choose the individual consultant, firm or company. The costs of additional study shall be paid for by the applicant.

(Ord. No. 143Y, 7-21-2020)

(a)

The zoning administrator shall forward level "A" and level "B" site plans and applications to the following department and agencies where applicable for their information and opportunity to comment:

(1)

City of East Jordan Fire and Rescue Department.

(2)

City of East Jordan Public Works Department.

(3)

Charlevoix County Road Commission.

(4)

Michigan Department of Transportation.

(5)

District health department.

(6)

Charlevoix County Drain Commissioner.

(7)

City of East Jordan Police Department.

(8)

City of East Jordan Downtown Development Authority.

(9)

Any other agency that may be affected by the site plan.

(b)

This review does not alleviate the applicant from obtaining any and all required permits and/or approvals from these agencies. Any comments received within a reasonable time (15 days) will be reviewed and considered by the planning commission and/or the ZBA.

(c)

The planning commission may approve an application conditioned on obtaining agency permits, or may, if the permit is critical to the site plan, require the permit or approval prior to issuance of their approval.

(d)

No construction activity associated with an approved site plan shall be undertaken until permits and approvals from all applicable agencies have been presented to the zoning administrator.

(e)

Whenever possible, site plan review by the zoning administrator and planning commission shall be coordinated and done simultaneously with other reviews by the zoning administrator and planning commission on the same application.

(f)

When an application is dependent on the need for a dimensional variance from the ZBA, re-zoning of property, or a zoning ordinance text amendment, such action must be completed prior to final site plan approval by the planning commission.

(Ord. No. 143Y, 7-21-2020)

A site plan shall be approved or approved with conditions, only upon a finding of compliance with the following standards:

(1)

The site plan must comply with all standards of this article and all applicable requirements of this division, as well as with all other applicable city, county, state and federal laws and regulations.

(2)

The site must be designed in a manner that is harmonious, to the greatest extent possible, with the character of the surrounding area.

(3)

The site must be designed to minimize hazards to adjacent property and to reduce the negative effects of traffic, noise, smoke, fumes and glare to the maximum extent possible.

(4)

The site plan does not have a negative impact on the provisions of human services, housing, transportation needs, and access to food in the community.

(5)

Protection of natural environment and conservation of natural resources and energy.

(6)

Unless a more specific design standard is required by the city through a different ordinance or regulation, all uses and structures subject to site plan review shall comply with the following design standards:

a.

The site plan shall comply with the district requirements for minimum floor space, height of building, lot size, yard space, density and all other requirements as set forth in this division, unless otherwise provided.

b.

Vehicular and pedestrian circulation. Safe, convenient, uncontested, and well-defined vehicular and pedestrian circulation shall be provided for ingress/egress points and within the site. A pedestrian circulation system shall be provided and shall be as insulated as completely as reasonably possible from the vehicular circulation system. The number, location and size of access and entry points, and internal vehicular and pedestrian circulation routes shall be designed to promote safe and efficient access to and from the site, as well as circulation within the site. In reviewing traffic features, the number, spacing and alignment of existing and proposed access points shall be considered relative to their impact on traffic movement on abutting streets and adjacent properties.

1.

Walkways from parking areas to building entrances.

i.

Internal pedestrian walkways shall be developed for persons who need access to the building(s) from internal parking areas and shall be designed to provide access from these areas to the entrances of the building(s)

ii.

The walkways shall be designed to separate people from moving vehicles.

iii.

These walkways shall have a minimum width of five feet with no car overhang or other obstruction.

iv.

The walkways must be designed in accordance with the Michigan Barrier Free Design Standards.

v.

The walkways shall be distinguished from the parking and driving areas by use of any of the following materials: special pavers, bricks, raised elevation or scored concrete. Other materials may be used if they are appropriate to the overall design of the site and building and acceptable to the review authority.

c.

Storm water. Storm water will meet the City of East Jordan Storm Water Ordinance. Storm water retention and drainage systems shall be designed so the removal of surface water will not adversely affect neighboring properties or public storm water drainage systems. Unless impractical, storm water shall be removed from all roofs, canopies and paved areas by an underground surface drainage system. Low impact design solutions such as rain gardens and green roofs are encouraged.

d.

Snow storage. Proper snow storage areas shall be provided so to not adversely affect neighboring properties, vehicular and pedestrian clear vision, and parking area capacity.

e.

Landscaping. The landscape shall be preserved in its natural state, insofar as practical, by minimizing unnecessary tree and soil removal. Any grade changes shall be in keeping with the general appearance of neighboring developed areas. Provision or preservation of landscaping, buffers or greenbelts may be required to ensure the proposed uses will be adequately buffered from one another and from surrounding property.

f.

Screening. Where non-residential uses abut residential uses, appropriate screening shall be provided in accordance with section 46-507 (d) to shield residential properties from noise, headlights and glare.

g.

Lighting. Lighting shall be designed to minimize glare on adjacent properties and public streets. As a condition of site plan approval, reduction of lighting during non-business hours may be required.

h.

Utility service. All utility service shall be underground, unless impractical due to engineering difficulties.

i.

Exterior uses. Exposed storage areas, machinery, heating and cooling units, service areas, loading areas, waste storage areas, utility buildings and structures, and similar accessory areas shall be located to have a minimum negative effect on adjacent properties and shall be screened, if reasonably necessary, to ensure compatibility with surrounding properties.

j.

Emergency access. All buildings and structures shall remain readily accessible to emergency vehicles and personnel at all times.

k.

Water and sewer. Water and sewer installations shall comply with all city specifications and requirements.

l.

Signs. Permitted signs shall be located to avoid creating distractions, visual clutter and obstructions for traffic entering or exiting a site.

(Ord. No. 143Y, 7-21-2020)

Conditions which are designed to ensure compliance with the intent of this division and other regulations of the City of East Jordan may be imposed on site plan approval. Conditions imposed shall be based on the following criteria:

(1)

Ensure that public services and facilities affected by the proposed land use and site plan will not be adversely affected.

(2)

Ensure that the use is compatible with adjacent land uses and activities.

(3)

Protect natural resources, the health, safety, welfare and 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.

(4)

Ensure compatibility between the proposed use or activity and the rights of the city to perform its governmental functions.

(5)

Meet the intent and purpose of the zoning ordinance, be related to the regulations and standards established in the ordinance for the land use or activity under consideration and be necessary to ensure compliance with those standards.

(6)

Ensure compliance with the intent of other city ordinances that are applicable to the site plan.

(7)

Ensure compatibility with other uses of land in the vicinity.

(Ord. No. 143Y, 7-21-2020)

(a)

A person aggrieved by a decision of the Zoning Administrator or Commission in granting or denying approval of a site plan, or regarding any conditions attached to an approval, may appeal the decision to the ZBA per the requirements of section 46-122.

(b)

Decisions on a special use permit or planned unit development site plan may not be appealed to the ZBA, and may be appealed directly to circuit court.

(c)

Land use permits associated with an approved site plan will not be issued until permits and approvals from applicable outside agencies have been presented to the zoning administrator. Such permits and approvals shall include but not be limited to soil erosion and sedimentation control permits, wetland permits, floodplain permits, driveway and road permits, and health department permits.

(Ord. No. 143Y, 7-21-2020)

Changes to an approved site plan shall be permitted only under the following circumstances:

(1)

The holder of an approved site plan shall notify the zoning administrator of any proposed change to an approved site plan.

(2)

Changes to a level "A" site plan may be approved by the zoning administrator.

(3)

Minor changes to a level "B" site plan may be approved by the zoning administrator upon determining that the proposed revision(s) will not alter the basic design or any specified conditions imposed as part of the original approval. Minor changes shall include the following:

a.

Reduction in building size or increase in building size up to five percent of total approved floor area.

b.

Movement of buildings or other structures by no more than ten feet.

c.

Replacement of plant material specified in the landscape plan with comparable materials of an equal or greater size.

d.

Changes in building materials to a comparable or higher quality.

e.

Changes in floor plans which do not alter the character of the use.

f.

Changes required or requested by a city, county, state or federal regulatory agency in order to conform to other laws or regulations.

(4)

A proposed change to a level "B" site plan, determined by the zoning administrator to not be a minor change, shall be submitted to the planning commission as a site plan amendment and shall be reviewed in the same manner as the original application.

(Ord. No. 143Y, 7-21-2020)

Site plan approval shall expire 12 months after the date of approval, unless substantial construction has been commenced and is continuing. The zoning administrator, in the case of a level "A" site plan, or the planning commission, in the case of level "B" site plan, may grant one extension of up to 12 additional months; provided the applicant requests an extension in writing prior to the date of expiration of the site plan. The extension shall be approved if the applicant presents reasonable evidence that the development has encountered unforeseen difficulties beyond the control of the applicant and the project will proceed within the extension period. If the above provisions are not fulfilled or the extension has expired prior to construction, the site plan approval shall become null and void.

(Ord. No. 143Y, 7-21-2020)

(a)

For a project which requires level B site plan, an as-built site plan shall be submitted to the city within 90 days of completion or occupancy, whichever comes first. This site plan shall be prepared to the same standard as the approved site plan. The zoning administrator shall use this as-built site plan as a comparison to the approved site plan, and the actual construction on the ground to ensure compliance with the conditions, and other requirements of the site plan, planned unit development, special use permit, and requirements of this division.

(b)

If the as-built site plan does not show compliance with the conditions, and other requirements of the site plan, planned unit development, special use permit, and requirements of this division the deviation shall be considered a violation of this division and shall be subject to any applicable enforcement remedy.

(Ord. No. 143Y, 7-21-2020)

To assure compliance with this division and any conditions of approval, performance guarantees may be required. The city council may require that a performance guarantee be furnished to ensure compliance with the requirements and conditions imposed under the city's zoning ordinance. The amount of the performance guarantee shall be set forth by the city council, and shall be an amount acceptable to the city in covering the estimated cost of improvements associated with the project for which zoning approval is sought. This performance guarantee may be in the form of a cash deposit, certified check, irrevocable bank letter of credit, or a surety bond, and shall be deposited with the treasurer of the city. The performance guarantee shall be deposited at the time of issuance of the permit authorizing the activity or project. The city shall not require the deposit of the performance guarantee before the date on which the city is prepared to issue the permit. The city shall rebate any cash deposits in reasonable proportion to the ratio of work completed on the required improvement as work on the required improvements progresses.

(Ord. No. 143Y, 7-21-2020)

State Law reference— Performance guarantee, MCL 125.3505.

The approved final site plan shall regulate development of the property. Any violation of this division, including any improvement not in conformance with an approved final site plan, shall be deemed a violation of this division, and shall be subject to the penalties of this chapter.

(Ord. No. 143Y, 7-21-2020)

There is hereby established a zoning board of appeals, which shall perform its duties and exercise its powers as provided by article VI of the Michigan zoning enabling act (MCL 125.3601 et seq.) and as provided in this division in such a way that the objectives of this division shall be enforced, the public health and safety secured, and substantial justice done.

(Code 2009, § 48-114; Ord. No. 142, § 24.01, 2-6-1990)

(a)

The zoning board of appeals shall consist of five members, to be appointed by the city commission. The first member of such board of appeals may be a member of the city planning commission, to be appointed by the city commission, for the terms of his office; the second member may be a member of the city commission, elected by the city commission for the term of his office; and the other three members shall be selected and appointed by the city commission from among the electors residing in the city for a term of staggered three-year terms, provided that no elected officer of the city, nor any employee or contractor of supported by the city commission may serve simultaneously as the elector member or as an employee of the zoning board of appeals. The chairperson of the zoning board of appeals shall be elected from any of its members each year at the first regular meeting held at the beginning of each calendar year. The city commission member appointed to the zoning board of appeals shall not serve as chairperson.

(b)

The city commission may appoint not more than two alternate members to the board of appeals for a term of three years each. An alternate member shall serve in the place of a regular member who is absent or who must abstain in a particular case because of a conflict of interest. The alternate member shall continue to serve in the place of the regular member, who was absent or abstained, in that particular case until a final decision has been made. The alternate members shall serve on a rotating basis as needed. An alternate member serving on the zoning board of appeals has the same voting rights as a regular member.

(c)

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

(d)

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

(e)

A vacancy on the zoning board of appeals shall be filled for the remainder of the unexpired term in the same manner as the original appointment.

(f)

A zoning board of appeals shall not conduct business unless a majority of the regular members of the zoning board of appeals are present.

(g)

A member of the zoning board of appeals who is also a member of the planning commission, or the city commission shall not participate in a public hearing on or vote on the same matter that the member voted on as a member of the planning commission or the city commission. However, the member may consider and vote on other unrelated matters involving the same property.

(Code 2009, § 48-115; Ord. No. 142, § 24.02, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996; Ord. No. 142Q, 5-2-2000)

State Law reference— Similar provisions, MCL 125.3601.

The zoning board of appeals shall adopt its own bylaws of rules and procedures as may be necessary to properly conduct its meetings and activities. The concurring vote of a majority of the full membership of the zoning board of appeals shall be necessary to reverse any order, requirement, decision or determination of the zoning administrator or to decide in favor of the applicant any matter upon which they are required to pass under this division or to effect any variation in this division due to unnecessary hardship or practical difficulties.

(Code 2009, § 48-116; Ord. No. 142, § 24.03, 2-6-1990)

State Law reference— Majority vote of entire commission required, MCL 125.3603.

Meetings of the zoning board of appeals shall be held at the call of the chairperson and at such other times as the board in its bylaws may specify.

(Code 2009, § 48-117; Ord. No. 142, § 24.04, 2-6-1990)

State Law reference— Similar provisions, MCL 125.3602(1).

All meetings of the zoning board of appeals shall be open to the public. Minutes shall be recorded of all proceedings which shall contain evidence and data relevant to every case considered, together with the record of the vote of each member by name of the board and the final disposition of each use. The grounds of every determination shall be stated, in writing, and recorded as part of the official minutes and record of the board. Such minutes shall accompany and be attached to the standard forms required of persons appealing as part of the zoning board of appeals' permanent records. Such minutes shall be filed in the office of the city clerk and the planning commission and shall be sent promptly to the applicant or appellant and to the zoning administrator. The city clerk shall act as the depository for all official files of the board.

(Code 2009, § 48-118; Ord. No. 142, § 24.05, 2-6-1990)

State Law reference— Record of proceedings, MCL 125.3602(2).

The zoning board of appeals shall have powers to interpret the provisions of this division and to grant variances from the strict application of any provisions of this division, except as otherwise provided in this division. The zoning board of appeals shall hear and decide appeals from, and review any order, requirement, decision or determination made by the city commission, planning commission or zoning administrator in the administration of this division as hereinafter provided. In addition, the board shall have the power:

(1)

To decide any question involving the interpretation of any provision of this division, including determination of the exact location of any district boundary if there is uncertainty with regard thereto.

(2)

To grant variances from any of the regulations or provisions contained in this division in cases in which there are practical difficulties or unnecessary hardships in the way of their strict application. No variance shall be granted to permit the establishment within a district of any use which is excluded or for which a special use approval by the planning commission is required.

(3)

To permit the erection and use of a building, or an addition to an existing building of a public service corporation or for public utility purposes, in any permitted district to a greater height or larger area than the requirements herein established; and permit the location in any district of a public utility building, structure or use, if the planning commission shall find use, height, area, building or structure reasonably necessary for the public convenience and service; and provided such building, structure or use is designed, erected and landscaped to conform harmoniously with the general architecture and plan for such district.

(4)

Determine the classification of off-street parking and loading requirements in sections 46-853 and 46-854.

(Code 2009, § 48-119; Ord. No. 142, § 24.06, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996)

State Law reference— General powers of board, MCL 125.3603.

A variance from the terms of this division shall not be granted by the zoning board of appeals unless and until:

(1)

A written application for a variance is submitted, demonstrating:

a.

That special conditions and circumstances exist which are peculiar to the land, land use, structure or building in the same zoning district so as to present such a unique situation that a precedent will not be established for other properties in the district to also ask the same or similar change through the zoning appeal procedure.

b.

That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the provisions of this chapter.

c.

That granting of the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands, structures, or buildings in the same zoning district.

d.

That no nonconforming use of other lands, structures, or buildings in the same zoning district, and not permitted use of lands, structures or buildings in other zoning districts shall be considered grounds for the issuance of a variance.

(2)

The zoning board of appeals shall make findings that the requirements of this chapter have been met in the zoning district in which it is located by the applicant for the variance requested.

(3)

The zoning board of appeals shall further make a finding that the reasons set forth in the application justify the granting of the variance, and the variance is the minimum variance that will make possible the reasonable use of the land, building or structure in the zoning district in which it is located.

(4)

The zoning board of appeals shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious or otherwise detrimental to the public welfare of the zoning district in which it is to be located.

(5)

In granting any variance, the zoning board of appeals may prescribe appropriate conditions and safeguards in order for the variance to be in conformance with this chapter as much as reasonably possible. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter, and punishable under section 46-40.

(6)

Under no circumstances shall the zoning board of appeals grant a variance to allow a use not permissible under the terms of this chapter in the zoning district in which the variance is to be located.

(Code 2009, § 48-120; Ord. No. 142, § 24.07, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996)

State Law reference— Variances, MCL 125.3604.

(a)

Each variance granted under the provisions of this chapter shall become null and void unless the use and construction authorized by such variance or permit has been commenced within one year after the granting of such variance.

(b)

No application for a variance which has been denied wholly or in part by the zoning board of appeals shall be resubmitted for a period of one year from such denial, except on grounds of new evidence or proof of changed conditions found by the zoning board of appeals to be valid.

(Code 2009, § 48-121; Ord. No. 142, § 24.08, 2-6-1990)

(a)

Appeals, how taken. An appeal under this section shall be taken within such time as prescribed by the zoning board of appeals by general rule, by filing with the body or officer from whom the appeal is taken and with the zoning board of appeals a notice of appeal specifying the grounds for the appeal. The body or officer from whom the appeal is taken shall immediately transmit to the zoning board of appeals all of the papers constituting the record upon which the action appealed from was taken.

(b)

Who may appeal. Appeals to the zoning board of appeals may be taken by any person aggrieved or by an officer, department, board, agency or bureau of the city, county, state, federal or other legally constituted form of government.

(c)

Fee for appeal. A fee prescribed by the city commission shall be submitted to the city clerk at the time of filing the letter of appeals. The appeals fee shall immediately be placed in the city general fund.

(d)

Effect of appeal. An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the zoning board of appeals, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the zoning board of appeals or by the circuit court, on application, on notice to the officer from whom the appeal is taken and on due cause shown.

(e)

Hearing by the zoning board of appeals; request; notice; hearing. If the zoning board of appeals receives a written request seeking an interpretation of this chapter or an appeal of an administrative decision, the zoning board of appeals shall conduct a public hearing on the request. Notice shall be given as required under section 103 of the Michigan zoning enabling act (MCL 125.3103). However, if the request does not involve a specific parcel of property, notice need only be published as provided in section 103(1) of such act, and given to the person making the request as provided in section 103(3) of such act.

(f)

Representation at hearing. During a hearing, any party may appear in person or by agent or by attorney.

(g)

Decision. The zoning board of appeals shall decide upon all appeals within a reasonable time and reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from, and shall make such order, requirement, decision or determination as, in its opinion, ought to be made in the premises and to that end shall have all the powers of the zoning administrator, city commission and planning commission from whom the appeal is taken. The zoning board of appeals' decision of such appeals shall be in the form of a resolution containing a full record of the findings and determination of the zoning board of appeals affixed thereon. Any persons having an interest affected by such resolution shall have the right to appeal to the circuit court on questions of law and fact.

(Code 2009, § 48-122; Ord. No. 142, § 24.09, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996)

State Law reference— Appeals, MCL 125.3604.

Only the city commission may amend this chapter. Proposals for amendments or changes may be initiated by the city commission on its own motion, by the planning commission, or by petition of one or more owners of property seeking the proposed amendment.

(Code 2009, § 48-143; Ord. No. 142, § 25.01, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996)

The procedure for making amendments to this chapter or in making map amendments shall be in accordance with the Michigan zoning enabling act (MCL 125.3101 et seq.).

(Code 2009, § 48-144; Ord. No. 142, § 25.02, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996)

(a)

An amendment to a zoning ordinance by the city is subject to a protest petition under section 403 of the Michigan zoning enabling act (MCL 125.3403).

(b)

An amendment for the purpose of conforming a provision of this chapter to the decree of a court of competent jurisdiction as to any specific lands may be adopted by the city commission and the notice of the adopted amendment published without referring the amendment to any other board or agency provided for under the above-cited act. The clerk shall give notice of hearings as required by Michigan zoning enabling act (MCL 125.3101 et seq.), and in addition in the following manner:

(1)

By one publication in a newspaper of general circulation in the city to be printed not less than 15 days before the date of the hearing and by notifying by mail each public utility company and railroad company affected by the zoning amendment not less than 15 days before the public hearing. The notice is to contain the time, date, place and purpose of the hearing.

(2)

By posting, if the amendment proposed consists of a rezoning the property involved at least 24 hours prior to the hearing, and notice to contain the time, date, place and purpose of the hearing.

(3)

By mailing, certified mail, at least 20 days in advance of the hearing a notice of hearing to each electric, gas, pipeline and telephone company that chooses to register its name and mailing address with the planning commission for the purpose of receiving such notice.

(4)

By mailing, certified mail, at least 20 days in advance of the hearing, a notice of hearing to each railroad operating within the city, in the case of textual changes, or within 300 feet of the area proposed to be rezoned, if the amendment proposed is in the nature of rezoning.

An affidavit of all publications and mailings shall be maintained by the city clerk.

(Code 2009, § 48-145; Ord. No. 142, § 25.03, 2-6-1990)

The petitioner shall submit a detailed description of the petition to the city clerk. When the petition involves a change in the zoning map, the petitioner shall submit the following information:

(1)

A legal description of the property.

(2)

A scaled map of the property, correlated with the legal description, and clearly showing the property's location.

(3)

The name and address of the petitioner.

(4)

The petitioner's interest in the property and, if the petitioner is not the owner, the name and address of the owner.

(5)

Date of filing with the city clerk.

(6)

Signatures of petitioners and owners certifying the accuracy of the required information.

(7)

The desired change and reasons for such change.

(Code 2009, § 48-146; Ord. No. 142, § 25.04, 2-6-1990)

The following steps shall be completed when making a change to the zoning map:

(1)

Petitioner submits application and fee.

(2)

Clerk transmits application to planning commission, sets hearing date, and publishes notices of hearing.

(3)

Planning commission holds hearing, makes a decision, and transmits decision to the city commission as a recommendation to approve or not to approve the proposed amendment.

(4)

City commission either enacts or rejects proposed change as an ordinance amendment, and publishes the text of the change in the newspaper.

(Code 2009, § 48-147; Ord. No. 142, § 25.05, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996)

(a)

In reviewing any petition for a zoning amendment, the planning commission shall identify and evaluate all factors relevant to the petition, and shall report its findings in full, along with its recommendations for disposition of the petition, to the city commission within 60 days of the filing date of the petition.

(b)

The facts to be considered by the planning commission shall include, but not be limited to, the following:

(1)

Whether the requested zoning change is justified by a change in conditions since the original ordinance was adopted or by an error in the original ordinance.

(2)

The precedents, and the possible effects of such precedents, which might likely result from approval or denial of the petition.

(3)

The ability of the city or other government agencies to provide any services, facilities, and/or programs that might be required if the amendment petition were approved.

(4)

Effect of approval of the amendment petition on the adopted developmental policies of the city and other government units.

(5)

All findings of fact shall be made a part of the public records of the meetings of the planning commission and city commission. An amendment shall not be approved, unless these and other identified facts be affirmatively resolved in terms of the general health, safety, welfare, comfort and convenience of the citizens of the city, or of other civil divisions where applicable.

(Code 2009, § 48-148; Ord. No. 142, § 25.06, 2-6-1990; Ord. No. 142G, § 8, 10-15-1996)