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

a.

City council.

b.

Planning commission.

c.

Zoning board of appeals.

d.

Zoning enforcement officials, including the director of building and safety.

The purpose of this article is to set forth the responsibilities and scope of authority of these entities.

(Ord. No. 128-B, § I, 9-20-10)

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

A.

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

B.

Review and approval of plans. City council review and approval shall be required for all planned unit developments, in accordance with section 24.04.

C.

Setting of fees. In accordance with section 24.08 of this ordinance, 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 a reviewing the permit or application.

D.

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

(Ord. No. 128-B, § I, 9-20-10)

The planning commission shall have the following responsibilities and authority pursuant to this ordinance.

A.

Creation. The planning commission is created pursuant to Michigan Public Act 33 of 2008, as amended, the Michigan Planning Enabling Act.

B.

Membership and operation. Members of the planning commission shall be appointed by the mayor with the approval of the city council. The qualifications of members, the term of each member, filling of vacancies, compensation of members, and operation of the planning commission shall be in accordance with Act 33 of 2008, as amended.

In accordance with Section 21 of Act 33, the planning commission shall hold at least four regular meetings each year, and by resolution shall determine the time and place of meetings. The planning commission shall adopt rules for the transaction of business, and shall keep a public record of its resolutions, transactions, findings, and determinations.

C.

Jurisdiction. The planning commission shall discharge the following duties pursuant to this ordinance:

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 council.

2.

Site plan review. The planning commission shall be responsible for review of applications for site plan approval in accordance with section 24.02. As provided for in section 24.02, the planning commission shall be responsible for either making a determination to grant approval, approval subject to revisions, or denial of 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 in accordance with section 24.03. As provided for section 24.03, the planning commission shall be responsible for either making a determination to grant approval, approval subject to revisions, or denial of special land use approval.

4.

Planned unit development review. The planning commission shall be responsible for holding hearings and review of all applications for planned unit development in accordance with section 27.04. The planning commission shall be responsible for making a recommendation to the city council to grant approval, approval with conditions, or denial of a planned unit development proposal.

5.

Formulation of a basic plan. The planning commission shall be responsible for formulation and adoption of a master plan as a guide for the development of the city, in accordance with Michigan Public Act 33 of 2008, as amended.

6.

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

7.

Annual report on operation of the zoning ordinance. The planning commission shall at least once per year prepare for the city council a report on the administration and enforcement of the zoning ordinance including recommendations as to the enactment of amendments or supplements to the ordinance.

(Ord. No. 128-B, § I, 9-20-10)

The zoning board of appeals (hereinafter referred to as "ZBA") shall have the following responsibilities and authority pursuant to this ordinance.

A.

Creation. The ZBA is created pursuant to Michigan Public Act 110 of 2006, as amended, the Michigan Zoning Enabling Act.

B.

Membership and operation.

1.

The zoning board of appeals shall consist of five members, and not more than two alternate members appointed by the mayor, by and with the consent of the city council. Appointments of the first regular members shall be for the terms of one, two and three years, respectively, so as nearly as possible to provide for the appointment of an equal number of members each year. After the initial appointments, each regular member shall hold office for the full three-year term. A successor shall be appointed not more than one month after the term of the preceding member has expired. Vacancies shall be filled for the remainder of the term. Compensation of regular and alternate members shall be established by the city council. The regular and alternate members shall be citizens of the United States and residents of the City of Flat Rock. One regular member of the zoning board of appeals may be a member of the planning commission. One regular member may be a member of the city council but shall not serve as chairperson of the zoning board of appeals. An employee or contractor of the city council may not serve as a member of the zoning board of appeals. The regular and alternate members shall not hold any elective office. An alternate member shall be appointed for a three-year term. The alternate member shall be called by the chairman of the ZBA to sit as a regular member of the ZBA in the absence of a regular member if the regular member will be unable to attend one or more meetings. The chairman shall also call an alternate member to serve in place of a regular member for the purpose of reaching a decision on a case in which a regular member has abstained for reasons of conflict of interest. Once appointed, the alternate member shall serve in the case until a final decision has been made. The alternate member shall have the same voting rights as a regular member of the ZBA. The alternate member shall attend all meetings of the ZBA and shall vote only in cases appointed as a regular member.

2.

The ZBA shall not conduct business unless a majority of the regular members of the board are present. The ZBA shall annually elect its own chairman, vice-chairman and secretary. The secretary shall submit a copy of the minutes from every ZBA meeting to the city clerk.

3.

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

4.

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

C.

Meetings and records. Regular meetings of the ZBA shall be held at such times as specified in the ZBA's rules and procedures, and special meetings shall be held at the call of the chairman or upon request form three members of the ZBA.

The ZBA shall keep minutes of its proceedings showing the vote of each member upon every question decided by it, or if any member is absent or fails to vote. The ZBA shall state the grounds of each determination, and shall maintain a record of its proceedings, which shall be filed in the office of the city clerk. The reason for recommending or denying variances or appeals shall appear in the minutes.

D.

Procedures. The ZBA shall adopt procedures and establish rules for the filing of appeals and requests for other action. Such procedures and rules shall comply with the application procedures outlined in section 24.05, subsection C., of this ordinance, and Sections 604 of Michigan Public Act 110 of 2006.

E.

Concurring vote required. The concurring vote of a majority of the members of the ZBA shall be necessary to reverse an order, requirement, decision, or determination of an administrative official or body; to decide in favor of an applicant on any matter upon which the ZBA is required to act; or, to effect any variation to this zoning ordinance, except that a concurring vote of two-thirds of the members of the board shall be necessary to grant a variance from uses of land permitted in the ordinance.

F.

Jurisdiction. The ZBA shall act on all questions as they may arise in the administration of the zoning ordinance, including the interpretation of the zoning districts map. The ZBA shall also hear and decide appeals from and review any order, requirements, decision, or determination made by an administrative official or body charged with enforcement of this ordinance. The ZBA shall also hear and decide matters referred to them or upon which they are required to pass under this ordinance. In doing so, the ZBA may reverse or affirm, wholly or partly, or may modify the 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 officer or body from whom the appeal is taken and may issue or direct the issuance of a permit. The ZBA shall not have the power to alter or change the zoning district classification of any property.

In acting on appeals or requests for variances, the ZBA shall comply with the provisions of section 24.05. In the interest of complying with these requirements and furthering the objectives of this section, the ZBA may take the following actions:

1.

Interpret the zoning districts map where the street layout shown on the map varies from actual conditions.

2.

Interpret the exact location of a boundary line between zoning districts shown on the map.

3.

Grant variances from off-street parking or loading space requirements, upon finding that such variances will not result in a parking or loading space deficiency or otherwise be inconsistent with the intent of such requirements.

4.

Grant variances from yard and bulk regulations, including height, lot area, yard setback, floor area, and lot width regulations, where there are unique circumstances on the lot such that the lot cannot reasonably be put to a conforming use. In deciding upon such variances, the ZBA shall first determine that sufficient area exists of an adequate stormwater drainage, water supply, and septic system, if necessary.

5.

Grant variances from the site plan review requirements where the ZBA finds that the requirements would cause practical difficulties or unnecessary hardship due to the unique conditions on the site.

6.

Grant variances made necessary by the advances of technology being put to use in new developments, but not anticipated by the provisions of this ordinance.

G.

Decision final. The decision of the ZBA shall be final, but shall be subject to review by the circuit court. The circuit court may order the ZBA to rehear a case in the event that the court finds that the record of the ZBA is inadequate to make the proper review, or that there is additional evidence that is material and with good reason was not presented to the ZBA.

(Ord. No. 128-B, § I, 9-20-10)

A.

Overview. As specified throughout this ordinance, certain actions necessary for the implementation of this ordinance shall be administered by the director of building and safety (also referred to as the "building official") and other city administrative officials, or their duly authorized assistants or representatives. In carrying out their designated duties, all such enforcement officers shall administer that ordinance precisely as it is written and shall not make changes or vary the terms of this ordinance.

B.

Responsibilities of the director of building and safety. In addition to specific responsibilities outlined elsewhere in this ordinance, and in addition to specific responsibilities related to enforcement and administration of the adopted building code, the director of building and safety shall have the following responsibilities:

•

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

•

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

•

Review all applications for site plan review, special land use review, planned development proposals, and take any action required under the guidelines in sections 24.02, 24.03 and 24.04.

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

Issue certificates of occupancy in accordance with section 24.07 when all provisions of this ordinance and other applicable ordinances have been complied with.

•

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

•

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

•

Perform other related duties required to administer this ordinance.

(Ord. No. 128-B, § I, 9-20-10)