The city manager, or their duly authorized representative as specified in this article, is hereby charged with the duty of enforcing the provisions of the zoning ordinance. Furthermore, administrative responsibilities are vested in the following city entities and further detailed in this article.

A)

City council.

B)

Planning commission.

C)

Zoning board of appeals.

D)

Building official, and any person designated by the building official.

(Ord. of 11-13-2023)

A)

City council. The city council shall have the following responsibilities and authority in addition to any other responsibilities outlined in this article.

1)

Adoption of zoning ordinance and amendments. In accordance with the intent and purposes of this ordinance, and pursuant to the authority conferred by the Michigan Zoning Enabling Act, PA 110 of 2006 (as amended), the city council shall have the authority to adopt this ordinance, as well as amendments previously considered by the city council at a hearing or as decreed by a court of competent jurisdiction.

2)

Setting of fees. 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 ordinance. 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.

3)

Approval of planning commission members. In accordance with the Michigan Planning Enabling Act, Michigan Public Act 33 of 2008, as amended, members of the planning commission shall be appointed by the mayor with the approval of the city council.

4)

Final approval. Where specified in this ordinance, the city council shall serve as the final approval authority for special land uses, planned unit developments and other development approvals as cited in this ordinance.

B)

Planning commission. The planning commission is designated as the commission specified in Public Act No. 33 of 2008, as amended. The planning commission is hereby designated as the succeeding body of the zoning commission specified in Public Act 110 of 2006, as amended, and shall perform the duties of said commission as provided in the statute.

C)

Zoning board of appeals. The zoning board of appeals (hereinafter referred to as "ZBA") is created pursuant to article VI of the Michigan Zoning Enabling Act, PA 110 of 2006 (as amended). The ZBA's membership, organization and duties are hereby established as cited in article 17 of this ordinance.

D)

Building official. The zoning administrator shall have the following duties and responsibilities as outlined below and as cited in this ordinance. The zoning administrator may designate another individual to be the person responsible for enforcing and enacting certain tasks and responsibilities. When the zoning administrator is cited in this ordinance for a certain task or responsibility the person so designated by the zoning administrator with said task or responsibility shall be deemed to be equivalent to the building official.

1)

The building department may grant occupancy permits or zoning compliance permits for each new use upon recommendation of the building official.

2)

May make inspections of building or premises necessary to carry out his or her duties in the enforcement of this article.

3)

The building department shall record all non-conforming uses existing on the effective date of the ordinance.

4)

Under no circumstances is the building department or zoning administrator permitted to make changes to this article in carrying out his or her duties.

5)

The zoning administrator shall not refuse to issue a permit when conditions imposed by this article are complied with by the applicant, despite violations of contracts such as private covenants or private agreements which may occur upon the granting of such permit.

(Ord. of 11-13-2023)

A)

Penalties and remedies.

1)

Whoever violates or fails to comply with any of the provisions of this ordinance, or any permit, license or exception granted hereunder, or any lawful order of the building department, a building official, the zoning board of appeals or city council, issued pursuant to this article, shall be subject to a penalty as established.

2)

The owner of any building, structure or premises or part thereof which is in violation of this article, who has assisted knowingly in the commission of such violation, shall be guilty of a separate offense and upon conviction thereof shall be liable to the fines and imprisonment herein provided.

3)

A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

4)

The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.

B)

Enforcement. This article shall be administered and enforced by a zoning administrator of the building department of the city or his or her designee, unless otherwise directed by city council. In the temporary absence of the zoning administrator or his or her designee, the city manager may designate a person to temporarily serve in this capacity.

(Ord. of 11-13-2023)

A)

No building permit shall be issued for the erection, alteration or use of any building or structure or part thereof or for the use of any land which is not in accordance with this article.

B)

No vacant land and no existing use of land shall be changed to a different use group or type, unless a certificate of compliance and/or zoning compliance permit is first obtained for the new or different use.

C)

No building or structure, or part thereof, shall be changed to or occupied by a use of a different use group or type unless a certificate of compliance and/or zoning compliance permit is first obtained for the new or different use.

D)

No building or structure, or part thereof, shall be erected, altered, moved or repaired unless a building permit has first been issued. The terms "altered" and "repaired" include any changes in structural parts, stairways, type of construction, type, class or kind of occupancy, light or ventilation, means of egress and ingress or other changes affecting or regulated by the city, except for minor repairs or changes as determined by the building official.

E)

A non-residential building or tenant space shall not be occupied with a new use, whether the use is the same type of use that previously occupied the building or tenant space or a different use, until the building or tenant space has been inspected by the zoning administrator and fire marshal and a new occupancy permit has been granted.

(Ord. of 11-13-2023)

A)

Purpose. Temporary uses such as mobile vendors, outdoor sales, or pop-up cafes and pop-up art galleries are tools to activate underutilized space. Temporary uses can be short term or long term, depending on the nature of the use, and contribute to the placemaking, entrepreneurship and business friendly culture of the city. This section outlines different types of temporary uses, along with standards to minimize adverse impact on surrounding uses and retain a high-quality environment. No temporary use within this section shall display any goods or merchandise in such a manner as to interfere with pedestrian or vehicular traffic safety, nor shall any use violate any fire or police regulation.

B)

Types of temporary uses. Below is a table of temporary uses differentiating between those that require a temporary use permit from the building department, those that require a license from the city clerk's office, and those that do not require a permit or license.

C)

Process. Temporary use requests will be reviewed administratively by city staff. The staff will coordinate reviews by the city police, fire, planning and building departments. The submittal requirements for a temporary use permit are as follows:

1)

Complete application. A completed application and required fee. A complete application requires a copy of the business' insurance policy.

2)

Written description. A written statement describing the requested use and the proposed hours and days of operation.

3)

Illustrative plan. An illustrative plan that shows the following, plus any other information needed to demonstrate compliance with the specific use requirements contained within this article as requested by the building official:

a)

The site boundary.

b)

Location of fire hydrants.

c)

Existing and proposed buildings/structures.

d)

Boundaries of proposed sales or activity areas.

e)

Location and method of waste disposal.

f)

Any other information deemed necessary by the planning and building departments.

4)

Signs. Temporary signs are permitted as part of a temporary use with the following standards:

a)

Signs must be in the same location as the vendor/display.

b)

Signs located on a canopy or vending unit must be banner.

c)

Signs located apart from a canopy or vending unit must be a yard sign or sandwich board sign.

d)

Signs must meet the standards listed in article 10, signs.

5)

Proof of ownership/property owner permission. Proof of ownership or, if the applicant is not the owner of the land, written permission from the owner to use the property for said use. If the activity is proposed to occur in public right-of-way, then the building official must provide written permission.

6)

Liability insurance. A temporary use permit applicant must provide a copy of their insurance policy demonstrating the company and policy number upon application submission.

7)

Additional permits/approvals. Outside agency permits and approvals, if necessary.

D)

Prohibited and violations.

1)

Alteration/construction of a permanent building. The construction or alteration of any permanent building or structure is not considered a temporary use.

2)

No negative impact on adjacent properties or municipal services. Temporary uses cannot negatively affect adjacent properties or municipal facilities.

3)

Use not allowed in zoning district. The temporary use must be consistent with the uses permitted in a zoning district.

4)

Violations. If a temporary use violates any of its standards, it must cease operations and receive approval to operate by the office of the city manager.

E)

Established business seeking special land use (three months). For established businesses that experience a change in ownership and no change in business use or building footprint, and that are required to pursue a special land use permit to continue operating, these businesses may operate with a temporary use permit at the discretion of the building official, or their designee. The temporary use permit expires three months after building department approval. No extensions are allowed. The purpose of this temporary use is to allow established businesses to continue operating while they pursue their special land use and site plan obligations. This use is not for new businesses that are not established in the community—it is for businesses with a recent change in ownership.

F)

Mobile vending. Mobile vending is the act of selling items, usually food, from a vehicle that is not permanently affixed to the site of sale and can be readily transported to and from that site. Listed below are the types of mobile vendors and general standards. Mobile vendors must obtain a temporary use permit to operate. Permitted locations of operation are commercial, industrial, parks and parking lots. Vendors must abide by all general standards listed below.

1)

General standards. When applicable:

a)

Property owner permission. The mobile vendor must provide evidence of written permission from the owner of the site. A vendor that extends beyond the property lines shall require the permission of the affected property owners. If the site is located on public property and in front of a storefront, then the vendor must receive the business owner's permission to operate at that location.

b)

City permission (if public space). The mobile vendor must provide evidence of written permission from the office of the city manager if operating in public space.

c)

Maintain five-foot pedestrian walkway. If a vendor is located on a public sidewalk, a minimum of five feet of unobstructed, pedestrian access along the sidewalk shall be maintained. Sufficient room shall also be provided to allow car doors to open along the curbside.

d)

Parking area. The use occupies less than 25 percent of the required business parking area. No vendor can obstruct or place their display within accessible, barrier-free parking spaces.

e)

Traffic and motor vehicle code. Mobile vending shall be subject to chapter 44, article II, traffic code. Vendors must not block or impair vehicular or pedestrian travel.

f)

Health code. Vendors must comply with all health requirements of the state or county health departments.

g)

Noise control. Vendors must comply with chapter 28, article V, offenses against public peace.

h)

Contain materials. Vendors must contain all materials and supplies in the mobile vending unit and shall not store supplies or other materials on public property.

i)

Unattended vending unit. A mobile vending unit shall not be left unattended for longer than 15 minutes.

j)

American Disabilities Act. Mobile vending activity shall not violate the American with Disabilities Act.

k)

Hours of operation. No mobile vendor shall operate between the hours of midnight and 7:00 a.m., unless they have private property owner permission.

l)

Trash management. A mobile vending unit or mobile food vending unit shall always keep the areas around its vending operation clean and free from litter, garbage and debris. A vendor shall remove all garbage and debris originating from its vending operation from the city and shall not dispose of its garbage and debris in city trash receptacles or city trash compactors unless authorized by the city. Unless authorized by the city or by a private entity via a shared dumpster agreement, a vendor must supply their own trash receptacle.

m)

No outdoor cooking. A mobile food vendor shall at no time make use of any outdoor cooking facilities, including grills.

n)

Public utilities. Vendors shall not connect a mobile vending unit or a mobile food vending unit to a source of city electricity, water, or sewer, unless permitted by city manager.

o)

Protect public property. Public property must not be altered, and permanent fixtures of any kind shall not be installed on public property by the vendor unless authorized by the city. A mobile vending unit shall not be secured or affixed to any public structure unless authorized by the city.

p)

Outdoor dining. A mobile vendor may set up an outdoor dining area if the design complies with the general standards for mobile vending (i.e., including parking area standards) and the general standards for outdoor dining.

G)

Outdoor sales. The outdoor display of products by a permanent business establishment or temporary retail operations including but not limited to farmer's market, sidewalk sales, seasonal sales (e.g., Christmas trees, pumpkins), art, vehicles. Outdoor sales do not include the selling or preparation of food or the selling of fireworks. Any food preparation must receive a temporary use permit and county health certificate. The outdoor display and sales of fireworks is prohibited within the City of Eastpointe.

Permits are required for outdoor sales with the following exceptions. Permits are not required when the business licensee operates an outdoor sale adjacent to or in front of their business. Additionally, permits are not required for the outdoor sales by charitable organizations and non-profits (e.g., Girl Scout vendors). The items proposed to be sold outdoors are related to and displayed immediately adjacent to an existing licensed place of business. The proposed sales area must constitute an accessory use to the principal use of the premises or as provided by a charitable or nonprofit organization. Permitted locations of operation are commercial, industrial, parks and parking lots. Vendors must abide by all general standards listed below.

1)

General standards. When applicable:

a)

Property owner permission. The vendor must provide evidence of written permission from the owner of the site. A vendor that extends beyond the property lines shall require the permission of the affected property owners. If the site is located on public property and in front of a storefront, then the vendor must receive the business owner's permission to operate at that location.

b)

City permission (if public space). The vendor must provide evidence of written permission from the office of the city manager if operating in public space.

c)

Maintain five-foot pedestrian walkway. If a vendor is located on a public sidewalk, a minimum of five feet of unobstructed, pedestrian access along the sidewalk shall be maintained. Sufficient room shall also be provided to allow car doors to open along the curbside.

d)

Parking area. The use occupies less than 25 percent of the required business parking area. No vendor can obstruct or place their display within accessible, barrier-free parking spaces.

e)

Traffic and motor vehicle code. Mobile vending shall be subject to chapter 44, article II, traffic code. Vendors must not block or impair vehicular or pedestrian travel.

f)

Health code. Vendors must comply with all health requirements of the state or county health departments.

g)

Noise control. Vendors must comply with chapter 28, article V, offenses against public peace.

h)

Contain supplies. Vendors must contain all materials and supplies in the display and shall not store supplies or other materials on public property.

i)

Unattended vending units. A vending display shall not be left unattended while on a public sidewalk for longer than 15 minutes.

j)

Hours of operation. No vendor shall operate between the hours of 11:00 p.m. and 7:00 a.m.

k)

Trash management. A vendor shall always keep the areas around its vending operation clean and free from litter, garbage and debris. A vendor shall remove all garbage and debris originating from its vending operation from the city and shall not dispose of its garbage and debris in city trash receptacles or city trash compactors unless authorized by the city.

l)

Public utilities. Vendors shall not connect a pushcart or vending display to a source of city electricity, water or sewer, unless permitted by city manager.

m)

Protect public property. Public property shall not be altered, and permanent fixtures of any kind shall not be installed on public property by the vendor unless authorized by the city. A pushcart or vending display shall not be secured or affixed to any public structure unless authorized by the city.

H)

Outdoor dining. Outdoor dining improves the general business climate, activates public space, and provides flexibility for current trends and future demands for outdoor dining. Outdoor dining is permitted immediately adjacent to and abutting the principal use of a business, subject to review by the zoning administrator with the conditions below.

1)

Maintain five-foot pedestrian walkway. If an outdoor display is located on a public sidewalk, a minimum of five feet of unobstructed, pedestrian access along the sidewalk shall be maintained. Sufficient room shall also be provided to allow car doors to open along the curbside.

2)

Hours of operation and site maintenance. All outdoor activity including cleaning, maintenance and closing procedures must cease at the close of business.

3)

Sketch plan/plot plan requirements. Reviews of outdoor dining facilities shall include, but are not limited to, the following elements: tables, chairs, umbrellas, portable heating elements, barriers, service stations, landscaping/plantings, utilities, awnings, canopies, lighting, host/hostess stands, entertainment, valet operations, and any other adjacent neighboring outdoor dining facilities.

4)

Storage. When not used in a daily fashion, the storage of the outdoor dining facility must be indoors and concealed from public view.

5)

Months of operation. Outdoor dining is only permitted during the months of May through November, unless the applicant sufficiently demonstrates to the zoning administrator that this period should be expanded based on the circumstances of the applicant. For a business that has already been granted special exception for outdoor dining, such a business may make a request to the city manager to allow for outdoor dining at other times if weather permits or for individual specific events.

6)

Building and fire codes. All outdoor dining facilities shall be designed to meet the requirements of this section, as well as all applicable building and fire codes.

7)

Permit required. Outdoor dining at any location is not permitted without a city-issued permit.

I)

Pop-up. A pop-up is a use that activates a site, indoors or outdoors, with a temporary purpose. A pop-up usually takes over an existing building, for example a restaurant pop-up or art gallery pop-up. Pop-ups must obtain a permit and must abide by all general standards.

1)

General standards. When applicable:

a)

Property owner permission. The vendor must provide evidence of written permission from the owner of the site. A vendor that extends beyond the property lines shall require the permission of the affected property owners. If the site is located on public property and in front of a storefront, then the vendor must receive the business owner's permission to operate at that location.

b)

City permission (if public space). The vendor must provide evidence of written permission from the office of the city manager if operating in public space.

c)

Maintain five-foot pedestrian walkway. If a vendor is located on a public sidewalk, a minimum of five feet of unobstructed, pedestrian access along the sidewalk shall be maintained. Sufficient room shall also be provided to allow car doors to open along the curbside.

d)

Parking area. The use occupies less than 25 percent of the required business parking area. No vendor can obstruct or place their display within accessible, barrier-free parking spaces.

e)

Traffic and motor vehicle code. Mobile vending shall be subject to chapter 44, article II, traffic code. Vendors must not block or impair vehicular or pedestrian travel.

f)

Health code. Vendors must comply with all health requirements of the state or county health departments.

g)

Noise control. Vendors must comply with chapter 28, article V, offenses against public peace.

h)

Contain supplies. Vendors must contain all materials and supplies in the pop-up and shall not store supplies or other materials on public property.

i)

Hours of operation. No vendor shall operate between the hours of 11:00 p.m. and 7:00 a.m.

j)

Trash management. A vendor shall always keep the areas around its vending operation clean and free from litter, garbage and debris. A vendor shall remove all garbage and debris originating from its vending operation from the city and shall not dispose of its garbage and debris in city trash receptacles or city trash compactors unless authorized by the city.

k)

Public utilities. Vendors shall not connect a pushcart or vending display to a source of city electricity, water, or sewer, unless permitted by the city manager.

l)

Protect public property. Public property shall not be altered, and permanent fixtures of any kind shall not be installed on public property by the vendor unless authorized by the city. A pushcart or vending display shall not be secured or affixed to any public structure unless authorized by the city.

J)

Yard sales/garage sales/estate sales/auctions. These sales occur in residential districts.

1)

Yard sales. When the city declares a yard sale day, no permit is required. Use must meet general standards.

2)

Garage sales/estate sales/auctions. Residents can apply to host two garage/estate sales or auctions a year (12 months) at one address. Sales/auctions may last up to three consecutive days. Sales/auctions must meet general standards.

3)

General standards. When applicable:

a)

Hours of operation. No sale shall operate between the hours of 8:00 p.m. and 8:00 a.m.

b)

Maintain five-foot pedestrian walkway. If a vendor is located on a public sidewalk, a minimum of five feet of unobstructed, pedestrian access along the sidewalk shall be maintained. Sufficient room shall also be provided to allow car doors to open along the curbside.

c)

Noise control. Vendors must comply with chapter 28, article V, offenses against public peace.

d)

Trash management. A vendor shall always keep the areas around its vending operation clean and free from litter, garbage and debris. A vendor shall remove all garbage and debris originating from its vending operation from the city and shall not dispose of its garbage and debris in city trash receptacles or city trash compactors unless authorized by the city.

K)

Tents/canopies/bounce houses. Public is defined as any space that is public or quasi-public, such as a park, parking lot, church and commercial property (areas where members of the public can access). Private is defined as private use within one's residential property. Tents, canopies and bounce houses do not include cooking and heating activities. Cooking and heating activities always require a temporary use permit.

1)

Tents or canopies, 10 x 10 SF or less. A permit is not required. Must meet general standards.

2)

Tents or canopies, greater than 10 x 10 SF, public. A temporary use permit is required. Additionally, a special event permit may be required. Must meet general standards.

3)

Bounce house, public. A temporary use permit is required. Additionally, a special event permit may be required. Must meet general standards.

4)

Bounce house/canopy, private residential. No permit is required. Must meet general standards.

5)

General standards. When applicable:

a)

Operation standards. Rental of membrane structures for the purpose of special events such as graduations, weddings, and other similar events or the use of membrane structures for temporary storage is permitted on residential properties for a period of time up to seven days.

b)

Prohibited uses. Membrane structures used for the purpose of parking or storage of vehicles, recreation vehicles and/or equipment, maintenance equipment and utility trailers are prohibited.

L)

Construction buildings, structures and storage. Temporary construction buildings, structures or storage require a permit and shall be reviewed in accordance with the following standards:

1)

Duration. Temporary construction buildings or structures or storage are permitted for a period of up to 12 months. An additional extension can be approved at the time of application submission by the director of public services or their designee.

2)

Loading zone. Uses cannot be located within the designated loading zone.

3)

Landscaping. Landscaping may be required based on site location, visibility and duration of the trailer.

4)

Electrical permit. If electricity is required, an electrical permit must be obtained.

5)

Trailer design standards. Trailers must meet the following requirements:

a)

One trailer per builder or contractor.

b)

Setback requirements for the zoning district must be met.

c)

Anchored per building department requirements.

d)

Must have skirting.

e)

Roads and parking areas must be an all-weather surface capable of supporting a fire apparatus.

f)

Meet Michigan Building Code, Michigan OSHA, and Michigan barrier free requirements.

g)

Must have one ten-pound ABC fire extinguisher.

6)

Storage under trailer. Storage of materials under the trailer is not permitted.

7)

Certificate of occupancy. All equipment, materials, goods, poles, wires and other items associated with the temporary building shall be removed from the premises within five days of issuing a final certificate of occupancy.

M)

Portable moving/storage containers and roll-off dumpsters. Portable moving and storage containers and roll-off dumpsters require a permit and shall be reviewed in accordance with the following standards:

1)

Location. Containers shall be located on an improved driveway surface and shall not be in the public right-of-way or a private road easement.

2)

Time. Moving pods and dumpsters are allowed at a location for a period not to exceed 14 days. Applicants may apply for an extension.

(Ord. of 11-13-2023; Ord. No. 24-1238, 6-4-2024)

The body charged with conducting a public hearing required by this ordinance shall, upon receipt of a completed application, select a reasonable time and place for such hearing. Such hearings shall be subject to the procedures set forth in the Michigan Zoning Enabling Act, PA 110 of 2006 (MCL 125.3103 et seq.), as amended.

The public hearing procedures of PA 110 in effect at the date of adoption are summarized as follows. Any further amendments to PA 110 that alter the public hearing procedure requirements following the date of adoption of this zoning ordinance will supersede the following procedures.

A)

Publication in a newspaper of general circulation. Notice of the request shall be published in a newspaper of general circulation not less than 15 days before the date the application will be considered for approval.

B)

Personal and mailed notice.

1)

Notice shall be sent by mail or personal delivery to the owners of property for which approval is being considered.

2)

Notice shall be sent to all persons to whom real property is assessed within 300 feet of the property, regardless of municipal jurisdiction.

3)

Notice shall be given to the occupants of all structures within 300 feet of the property regardless of municipal jurisdiction. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area leased by different persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance(s) to the structure.

4)

All notices delivered by mail or personal delivery must be given not less than 15 days before the date of the public hearing. Notice shall be deemed given when personally delivered or when deposited during normal business hours for delivery with the US postal service or other public or private delivery service. If the name of the occupant is not known, the term "occupant" may be used for the intended recipient of the notice.

5)

The city shall prepare a list of property owners and occupants to whom notice was mailed.

C)

Content. Any notice published in a newspaper or delivered by mail shall:

1)

Describe the nature of the request.

2)

Indicate the property that is the subject of the request.

3)

Include a listing of all existing street addresses within the property. If no such addresses exist, other means of identifying the property may be used.

4)

When and where the public hearing will occur.

5)

When and where written comments may be submitted concerning the request.

6)

For amendment to the zoning ordinance, a notice shall also include the place and times at which the proposed text or amendment to the official zoning map may be examined.

D)

Public hearing procedures for zoning ordinance amendments. Public hearings for zoning ordinance amendments, including both text and map amendments, must be noticed. Notice of the time and place of the public hearing shall also be given by mail to any of the following entities that have registered their name with the city clerk for the purposes of receiving public notice: any electric, gas, or pipeline public utility company; each telecommunication service provider; each railroad operating within the district or zone affected; and the airport manager of each airport.

(Ord. of 11-13-2023)

Fees for inspections, permits, certificates or copies thereof required or issued under this article shall be collected by the building department in advance of issuance. The amount of such fees shall be established by resolution of city council and shall cover the enforcement costs of this article.

In addition, prior to the issuance of a building permit, the applicant shall file with the building department a performance guarantee in the form of cash deposit or certified check. The amount of such guarantee shall be as set forth by the city council as adopted by resolution and shall cover all improvements not normally covered in the building permit, i.e., berms, walls, landscaping, lighting, surfacing of drives, parking service drives, traffic control devices within the jurisdiction of the city, reclamation, etc. The guarantee shall include a schedule of costs assigned to the different improvements and approved by the city council. Moneys may be released to the applicant in proportion to work completed on the different elements after inspection of work and the approval of the building department. No partial release of funds shall exceed 90 percent of the guarantee, i.e., at least ten percent shall be retained by the city until all work has been completed and subsequently inspected and approved by the building department.

(Ord. of 11-13-2023)

Any building or structure which is erected, altered or converted, or any use of premises or land which is begun or changed, subsequent to the passage of this article and which is in violation of any of the provisions thereof, is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.

(Ord. of 11-13-2023)

In certain rare instances it may be in the best interest of the city, its residents and property owners to establish a temporary ban on development as it may either protect the public at large by providing for proper regulation of a use or it may provide a lesser risk that individual landowners will be singled out to bear a special burden that should be shared by the public as a whole. Such instances might be where there is a use proposed which has not been regulated previously, a use which has been overdeveloped, an issue with the critical infrastructure necessary to develop certain uses or other justifiable criteria which advance a legitimate public interest.

A)

Approval standards. With that purpose in mind, upon making certain findings, the city council shall have the authority and is authorized to establish and implement moratoria. A moratorium shall only be established by the city council when a determination is made that such action:

1)

The temporary ban is necessary to protect the public health, safety and welfare of the community.

2)

The temporary ban advances a legitimate public interest.

3)

The temporary ban represents diligence and good faith.

4)

The temporary ban is being applied uniformly and fairly.

5)

The temporary ban will not deprive a property owner of all reasonable use for an unreasonable time in light of the issues at hand.

6)

The temporary ban is supported by findings of fact set forth in the public record.

B)

Time period. A moratorium shall be set for the least period of time necessary to address the matter and in any event shall not be set for a period of more than six months initially. If supported by subsequent finding of facts and a showing of due diligence and no delay, additional extensions of the moratorium may be provided for by the city council. Any such moratoria shall be established by adoption of an ordinance or an amendment thereto.

(Ord. of 11-13-2023)