Fennville City Zoning Code
ARTICLE 23
Administrative Organization
§ 450-2301 Overview.
A.
The City Commission or its duly authorized representatives as specified in this article is charged with the duty of enforcing the provisions of this chapter. Accordingly, the administration of this chapter is hereby vested in the following City entities:
(1)
City Commission.
(2)
Planning Commission.
(3)
Board of Zoning Appeals.
(4)
City Administrator.
(5)
Zoning Administrator.
(6)
City Planner.
(7)
Other entities (e.g., Fire Department, City Engineer, etc.).
§ 450-2302 City Commission.
A.
Adoption of Zoning Ordinance, amendments, and rezonings. Pursuant to the authority conferred by Michigan Public Act 110 of 2006, as amended (MCL 125.3101 et seq.), the City Commission shall have the authority to adopt this chapter, as well as amendments previously considered by the Planning Commission or at a hearing or as decreed by a court of competent jurisdiction. The City Commission shall have the final approval on any rezoning requests in the City, after recommendation from the Planning Commission.
B.
Review and approvals. The City Commission shall review and have final approval of proposals for planned unit developments and site condominium developments, after recommendation from the Planning Commission.
C.
Fees. The City Commission shall have the sole authority to establish the required fee schedule for all planning, zoning, and development activities.
D.
Approval of Planning Commission and ZBA members. In accordance with Michigan Public Act 33 of 2008, as amended (MCL 125.3801 et seq.), members of the Planning Commission and Zoning Board of Appeals shall be appointed by the City Administrator with the approval of the City Commission.
§ 450-2303 Planning Commission.
A.
Overview. The Planning Commission is created pursuant to Michigan Public Act 33 of 2008, as amended, the Michigan Planning Enabling Act.[1]
(1)
Members of the Planning Commission shall be appointed by the City Administrator with the approval of the City Commission. The qualifications of members, the term of each member, filling of vacancies, removal of members, compensation of members, and operation of the Planning Commission shall be in accordance with Michigan Public Act 33 of 2008, as amended, and applicable City ordinances.
(2)
The Planning Commission by resolution shall determine the time and place of meetings. A special meeting may be called by either two members upon written request to the Secretary, or by the Chairperson. The Planning Commission shall adopt rules for the transaction of business, and shall keep a public record of its resolutions, transactions, findings, and determinations.
[1]
Editor's Note: See MCL 125.3801 et seq.
B.
Organization.
(1)
Rules of procedure. The Planning Commission may adopt rules of procedure for the conduct of its meetings and the implementation of its duties. The Planning Commission may annually elect a Chairperson, a Vice Chairperson, and a Secretary.
(2)
Meetings and quorum. Meetings of the Planning Commission shall be held at the call of the Chairperson and at such other times as the board in its Rules of Procedure may specify. A majority of the total membership of the Commission shall comprise a quorum. All meetings shall be open to the public.
(3)
Records. The minutes of all meetings shall contain the grounds for every determination made by the Commission and the final ruling on each case. The Planning Commission shall file its minutes in the office of the City Clerk.
C.
Jurisdiction. The Planning Commission shall discharge the following duties pursuant to this chapter:
(1)
Formulation of Zoning Ordinance and amendments. The Planning Commission shall be responsible for formulation of the Zoning Ordinance, review of amendments to the Zoning Ordinance, holding hearings on a proposed Zoning Ordinance or amendments, and reporting its findings and recommendations concerning the Zoning Ordinance or amendments to the City Commission.
(2)
Site plan review. The Planning Commission shall be responsible for review of applications for site plan approval.
(3)
Special land use review. The Planning Commission shall be responsible for holding hearings and review of all applications for special land use approval.
(4)
Planned unit development review. The Planning Commission shall be responsible for holding hearings and review of all applications for PUDs. The Planning Commission shall be responsible for making a recommendation to the City Commission to grant approval, approval with conditions, or denial of a planned unit development proposal.
(5)
Formulation of a Master Plan. The Planning Commission shall be responsible for formulation and adoption of a Master Plan to guide the development of the City, in accordance with Michigan Public Act 33 of 2008, as amended.
(6)
Review of matters referred by the City Commission. The Planning Commission shall be responsible for the review of plats or other matters relating to land development referred to it by the City Commission. The Planning Commission shall recommend appropriate regulations and action on such matters.
(7)
Report on operation of the Zoning Ordinance. In accordance with Section 308(2) of Michigan Public Act 110 of 2006, as amended,[2] the Planning Commission shall periodically prepare for the City Commission a report on the operations of the Zoning Ordinance, including recommendations as to the enactment of amendments or supplements to the Zoning Ordinance.
[2]
Editor's Note: See MCL 125.3308.
§ 450-2304 Zoning Board of Appeals (ZBA).
A.
Overview. The purpose of this article is to ensure that the objectives of this chapter are fully and equitably achieved, that a means be provided for competent interpretation of this chapter, that flexibility be provided for the strict application of this chapter, that the intent of this chapter be observed, public safety secured, and substantial justice done.
B.
Creation and membership. A Zoning Board of Appeals is established in accordance with Public Act 110 of 2006, as amended.[1] The City Commission may act as the Board of Appeals on questions arising under this chapter.
(1)
In the alternative, if the City Commission desires it may appoint a Zoning Board of Appeals consisting of required number of members, each to be appointed for a term of three years. Each member shall be appointed for a term of three years, except for members serving because of their membership on the Planning Commission or legislative body, whose terms shall be limited to the time they are members of those bodies.
(2)
When members are first appointed, the appointments may be less than three years to provide for staggered terms. A successor shall be appointed not more than one month after the term of the preceding member has expired.
(3)
Vacancies for unexpired terms shall be filled for the remainder of the term.
[1]
Editor's Note: See MCL 125.3101 et seq.
C.
Organization.
(1)
Rules of procedure. The Zoning Board of Appeals may adopt rules of procedure for the conduct of its meetings and the implementation of its duties. The Zoning Board of Appeals may annually elect a Chairperson, a Vice Chairperson, and a Secretary.
(2)
Meetings and quorum. 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 Rules of Procedure may specify. A majority of the total membership of the Zoning Board of Appeals shall comprise a quorum. All meetings shall be open to the public.
(3)
Oaths and witnesses. The Chairperson may administer oaths and compel the attendance of any witness in order to ensure a fair and proper hearing.
(4)
Records. The minutes of all meetings shall contain the grounds for every determination made by the Board and the final ruling on each case. The Zoning Board of Appeals shall file its minutes in the office of the City Clerk.
D.
Jurisdiction.
(1)
The Zoning Board of Appeals shall act upon questions as they arise in the administration of this chapter. The Board shall perform its duties and exercise its powers as provided in Public Act 110 of 2006, as amended.
(2)
The Zoning Board of Appeals shall not have the power to alter or change the zoning district classification of any property, nor make any change in the terms or intent of this chapter, but does have the power to act on those matters for which this chapter provides an administrative review, interpretation, or variance.
(3)
Within this capacity the Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination of the Zoning Administrator, Planning Commission or any official administering or enforcing the provisions of this chapter as set forth below.
(4)
The Zoning Board of Appeals shall not be permitted to consider any requests for variances from the requirements and conditions of planned unit developments or standards for special land uses.
(5)
The Zoning Board of Appeals shall have authority in specific cases to authorize one or more dimensional or nonuse variances from the strict letter and terms of this chapter by varying or modifying any of its rules or provisions so that the spirit of this chapter is observed, public safety secured, and substantial justice done. A dimensional or nonuse variance allows a deviation from the dimensional (i.e., height, bulk, setback) requirements of this chapter.
(6)
A use variance authorizes the establishment of a use of land that is otherwise prohibited in a zoning district. The ZBA is not authorized to grant use variances by this chapter.
E.
Authorized appeals. The Zoning Board of Appeals shall hear the following specified categories of appeals in accordance with the following standards:
(1)
Administrative review. The Zoning Board of Appeals shall hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirements, permit, decision, or refusal made by the Zoning Administrator or by any other official in administering or enforcing the provisions of this chapter.
(2)
Interpretation of this chapter. The Board of Appeals shall hear and decide upon request to:
(a)
Interpret the provisions of this chapter when it is alleged that certain provisions are not clear or that they could have more than one meaning. In deciding upon such request, the Zoning Board of Appeals shall insure that its interpretation is consistent with the intent and purpose of this chapter and the article in which the language in question is contained.
(b)
Determine the precise location of boundary lines between zoning districts where there is dissatisfaction with a decision made by the Zoning Administrator.
(c)
Classify a use, which is not specifically mentioned as part of the use regulations of any zoning district so that it conforms to a comparable permitted or prohibited use, in accordance with the purpose and intent of each district.
(d)
Determine the parking space requirements of any use not specifically mentioned; either by classifying it with one of the groups listed, or by an analysis of the specific needs.
F.
Variances.
(1)
The Zoning Board of Appeals shall not have the power to authorize use variances (a variance from the types of uses permitted, by right or special use, within applicable zoning district).
(2)
The Zoning Board of Appeals has the authority to approve nonuse variances (a variance from development requirements such as lot area and width regulations, building height and bulk regulations, yard width and depth regulation, off-street parking and loading space requirement, etc., of this chapter) where there are practical difficulties, provided that all the required findings for the particular type of variance are met.
G.
Criteria for approvals. The Zoning Board of Appeals shall not approve a nonuse variance unless the Zoning Board of Appeals makes a positive finding for each of the following criteria:
(1)
That the alleged practical difficulties are not deemed economic but shall be evaluated in terms of the use of a particular parcel of land.
(2)
That there are unique circumstances of physical condition of the land, such as narrowness, shallowness, shape, or topography of the property involved, that do not generally apply to other property uses in the same zoning district and shall not be recurrent in nature.
(3)
That the hardship or special conditions do not result from the actions of the applicant.
(4)
That the variance will be in harmony with the general purpose and intent of this chapter and will not cause a substantial adverse effect upon surrounding property, property values, and the use and enjoyment of property in the neighborhood or district.
(5)
That the variance requested is the minimum amount necessary to overcome the inequality inherent in the particular property or mitigate the hardship.
H.
Conditions. In granting a variance, the Zoning Board of Appeals may require appropriate conditions in conformity with this chapter. Violations of such conditions, when made part of the terms under which the variance is granted, shall be deemed a violation of this chapter and shall automatically invalidate the permit. Each variance granted under the provisions of this chapter shall become null and void unless:
(1)
The construction authorized by such variance or permit has commenced within six months of granting of the variance.
(2)
The occupancy of land, premises, or building has taken place within one year after the granting of the variance.
(3)
No application for the 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 the date of the last denial, except on the ground of newly discovered evidence or proof of changed conditions found upon inspection by the Board to be valid.
I.
Appeal procedures.
(1)
Notice of appeal. Appeals to the Zoning Board of Appeals may be made by any person aggrieved, or by an officer or department of the City, filing a written notice of appeal with the City Clerk. Upon receipt of a notice of appeal, the City Clerk shall promptly transmit the records concerning the appealed action to the Chairperson of the Zoning Board of Appeals. Any appeal from the ruling of the Zoning Administrator concerning the enforcement of the provisions of this chapter shall be filed within 30 days after the date of the Zoning Administrator's decision.
(2)
Hearing. Upon receipt of a notice of appeal, the Chairperson of the Zoning Board of Appeals shall fix a reasonable time and date for a public hearing, not to exceed 30 days from the date of filing of the notice of appeal.
(3)
Notice of hearing. Upon determination of the date and time of the public hearing, the City Clerk shall provide notice of the hearing by publication in a newspaper of general circulation in the City not less than 15 days before the public hearing. Notice shall also be sent by mail or personal delivery to the owner of the property for which approval is being considered. Notice shall also be sent to all persons to whom real property is assessed within 300 feet of the property and to all occupants of all structures within 300 feet of the property regardless of whether the property or occupant is located in the City. The notice shall do all of the following:
(a)
Describe the nature of the request.
(b)
Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses with the property. If there are no street addresses, other means of identification may be used.
(c)
State when and where the request will be considered. Indicate when and where written comments will be received concerning the request.
(4)
Appearance. Upon the hearing, any party may appear in person or by agent or attorney. The Zoning Board of Appeals may recess such hearing from time to time, and, if the time and place of the continued hearing are announced at the time of adjournment, no further notice shall be required.
(5)
Fee. A fee, as established by the City Commission, shall be paid to the City Clerk at the time the petitioner files an application with the Board. The purpose of such a fee is to cover the necessary advertisements, investigations, hearing records and other expense incurred by the Board in connection with the appeal. No fee shall be charged if the City or any official body of the City is the moving party.
(6)
Decision. The Zoning Board of Appeals shall render its decision within 30 days of filing of notice of appeal unless an extension of time is necessary to review new information pertinent to making the decision and is agreed upon by the appellant and a majority of members of the Zoning Board of Appeals present. The vote of a majority of members of the Zoning Board of Appeals Board shall be necessary to take action on an appeal.
§ 450-2305 Zoning Administrator.
A.
The provisions of this chapter will be administered and enforced by the Zoning Administrator.
(1)
Except as otherwise provided, the Zoning Administrator will administer and enforce this chapter.
(2)
The Zoning Administrator will be designated by the City Administrator.
B.
Responsibilities of the Zoning Administrator. In addition to specific responsibilities outlined elsewhere in this chapter, the Zoning Administrator or their duly authorized assistants or agents shall have the following responsibilities:
(1)
Provide citizens and public officials with information relative to this chapter and related matters.
(2)
Assist applicants in determining and completing appropriate forms and procedures related to site plan review, rezoning, and other zoning matters.
(3)
Review and investigate permit applications to determine compliance with the provisions of this chapter.
(4)
Issue appropriate permits upon compliance with provisions of this chapter and other applicable ordinances.
(5)
Perform inspections of buildings, structures, and premises to ensure proposed land use changes or improvements are in compliance with this chapter.
(6)
Investigate alleged violations of this chapter and enforce appropriate corrective measures when required, including issuance of violation notices, issuance of orders to stop work, and revoking of permits.
(7)
Perform other related duties required to administer this chapter.
C.
Zoning permits required.
(1)
No person shall commence excavation or construction of any building or structure or make structural changes in any existing structure, or change of use, without first obtaining applicable permits from the Zoning Administrator.
(2)
The Zoning Administrator shall not issue a zoning permit for the construction, alteration, or remodeling of any structure until an application has been submitted showing that the proposed construction complies with this chapter.
(3)
A zoning permit will be issued when the Planning Commission, Zoning Administrator, Board of Appeals, or City Commission has approved an application under the terms of this chapter. Any property owner, developer, or applicant proposing any potential use or change of use within the City requiring a building permit will first need a zoning permit. No building permit will be issued, nor any construction activities initiated, without the Zoning Administrator having issued and the applicant having received a zoning permit.
(a)
Issuance of zoning permit. Within 10 working days after receipt of a completed request for a building permit, the Zoning Administrator will either:
[1]
Issue a zoning permit if the proposed work is in conformance with the terms and provisions of this chapter; or
[2]
Deny issuance of a zoning permit and state the reason(s) or cause(s) for such denial in writing.
[a]
In each case, the zoning permit or the written reason(s) or cause(s) for denial will be transmitted to the property owner or their agent.
D.
Board of Appeals approval. When the terms and provisions of this chapter require authorization by the Zoning Board of Appeals as a variance and such authorization is given, the application shall be marked approved by the Board of Appeals and a copy forwarded to the Zoning Administrator.
E.
Expiration of zoning permit. A zoning permit for a residential building for which all construction work has not been started within one year from the date of its issuance will expire automatically. A zoning permit for any other building or structure for which all construction work has not been started within two years from the date of issuance will expire automatically. A zoning permit expiring automatically pursuant to this subsection may, upon reapplication, be renewable once for additional terms of one and two years, respectively (one year for residential buildings, two years for any other building or structure).
F.
Cancellation of zoning permits.
(1)
The Zoning Administrator will have the power to revoke and cancel any zoning permit if the property owner (or agent) fails or neglects to comply with all of the terms and provisions of this chapter or if there were any false statements or misrepresentations in the application of the zoning permit.
(2)
Notice of cancellation and revocation will be securely posted on the construction site, such posting to be considered as service upon and notice to the zoning permit holder of the cancellation and revocation of the zoning permit.
G.
Certificate of occupancy.
(1)
No land, structure, or altered structure will be used or occupied until a certificate of occupancy is obtained from the Building Inspector.
(2)
The Zoning Administrator will not issue a certificate of occupancy unless the proposed use is in compliance with the approved plans and specifications and is in accordance with any other relevant information submitted by the applicant to obtain required building and zoning permits.
(3)
The Zoning Administrator will keep a record of all certificates and a copy of all such certificates provided to the City Clerk.
§ 450-2306 City Planner.
A.
In addition to specific responsibilities outlined elsewhere in this chapter, upon request from the City Commission or other authorized City body or official, the City Planner or their duly authorized assistants may have the following responsibilities:
(1)
Prepare and administer such plans and ordinances as are appropriate for the City and its environs, within the scope of the Michigan Planning and Zoning Enabling Acts.
(2)
Advise and assist the Planning Commission and be responsible for carrying out the directives of the Planning Commission.
(3)
Advise and assist the City Commission and be responsible for carrying out the directives of the City Commission.
(4)
Provide citizens and public officials with information relative to this chapter and related matters.
(5)
Assist applicants in determining the appropriate forms and procedures related to site plan review, rezoning, variances, and other zoning and planning matters.
(6)
Prepare and forward to the Planning Commission reviews of all applications for site plan review, special land use review, planned development proposals, petitions for amendments to this chapter, and other applications which must be acted upon by the Planning Commission.
(7)
Prepare and forward to the Zoning Board of Appeals reviews of all applications for appeals, variances, or other matters on which the Zoning Board of Appeals is required to act.
(8)
Forward to the City Commission all recommendations of the Planning Commission concerning matters on which the City Commission is required to take final action.
(9)
Periodically report to the Planning Commission on the status of City's zoning and planning administration. The City Planner's reports may include, but need not be limited to:
(a)
Updates on the nature and number of planning, zoning, and development inquiries;
(b)
Planning or zoning concerns that are not adequately addressed in this chapter;
(c)
Development trends that the Planning Commission should be aware of and/or may wish to study;
(d)
Statistical or other information that would help the Planning Commission perform their duties;
(e)
Administrative policy decisions that affect planning and zoning and similar concerns.
(10)
Maintain up-to-date Zoning Map and Zoning Ordinance text amendments.
(11)
Maintain records as accurately as is feasible of all nonconforming uses, structures, and lots existing on the effective date of this chapter and update this record as conditions affecting the nonconforming status of such uses changes.
(12)
Review applications for site plan review, special land use review, and PUDs, and take any action required under the guidelines at the request of the Planning Commission or City Commission, draft amendments to this chapter and other ordinances to accomplish the planning objectives of the City.
(13)
Perform other related duties required to administer this chapter and further the goals of the Master Plan.
§ 450-2307 Other entities.
A.
The City of Fennville reserves the right to consult and seek the opinion(s) and/or approval(s) from the following additional entities as part of the administration of this chapter and development processes:
(1)
The City of Fennville Fire Department.
(2)
The City of Fennville Police Department.
(3)
The City Engineer.
(4)
The City Attorney.
(5)
The Michigan Department of Transportation.
(6)
The Michigan Department of Environment, Great Lakes, and Energy (EGLE).
(7)
Allegan County Environmental Health Department.
(8)
Allegan County Drain Office.
(9)
Allegan County Road Commission.
(10)
Any other local, county, state, or federal agencies as deemed appropriate.