Except where herein otherwise stated, the provisions of this chapter shall be administered and enforced by the following officials and bodies:

(1)

Building inspection. Building inspector duties related to administration of this chapter include:

a.

Grant certificates of occupancy permit.

b.

Make inspections of buildings and premises necessary to carry out the duties of administration and enforcement of this chapter.

c.

Perform such other further functions necessary and proper to enforce and administer the provisions of this chapter.

d.

Maintain a log of any significant issues or problems associated with the administration of this chapter.

e.

Issue and serve municipal civil infraction citations for violations of this chapter. This duty may also be carried out by the code enforcement officer whose duties shall also include necessary inspections and such other functions as necessary and proper to enforce and administer provisions of this chapter.

(2)

Zoning administration. Zoning administrator duties include:

a.

Issue zoning permits.

b.

Make inspections to determine compliance with zoning permits.

c.

Respond to questions from citizens.

d.

Receive, investigate and process all complaints and notify affected parties of the results of the investigation.

e.

Act in an advisory capacity to the planning commission, ZBA and city manager.

f.

Prepare reports to the planning commission, ZBA and city manager on zoning matters.

g.

Maintain records of zoning permits, site plans, special use permits, and other applications and any changes to original applications.

h.

Ensure project completion prior to refunding performance guarantees.

i.

Determine if changes to a site plan are minor, as per section 153.606.

j.

Grant extensions for site plan approval, as per section 153.607.

k.

Maintain a log of any significant issues or problems associated with the administration of this chapter.

l.

Issue special use permits after approval by the planning commission.

(3)

Planning commission. The planning commission shall have the power to:

a.

Approve and revoke approval of site plans.

b.

Approve and revoke approval of special use permits.

c.

Hold public hearings on amendments to this chapter.

d.

Initiate amendments to zoning ordinance text or map.

e.

Develop, update and adopt the city master plan.

f.

Make recommendations to the zoning board of appeals for interpreting district boundaries.

(4)

City council. The city council shall have the power to:

a.

Approve appointments of ZBA and planning commission members.

b.

Establish fees.

c.

Initiate amendments to the zoning ordinance text or map.

d.

Consider and enact amendments to zoning ordinance text and maps.

(5)

City clerk. The city clerk shall have the power to:

a.

Publish public hearing notices for hearings by the planning commission, city council and ZBA.

b.

Mail public hearing notices for hearings by the planning commission, city council and ZBA.

c.

Keep meeting minutes and maintain a record of public meeting minutes.

d.

Receive applications and maintain records of zoning permits, site plans, special use permits, rezoning requests, and other applications.

e.

Maintain a record of all map and text amendments.

f.

Publish adopted zoning ordinance text or map amendments.

g.

Maintain a record of all ZBA variance decisions, interpretations, appeals, and any other decisions and motions made by the board.

(6)

Zoning board of appeals. The zoning board of appeals shall have the power to:

a.

Hear appeals of administrative decisions.

b.

Hear requests for interpretation of the text of this chapter as well as the zoning map.

c.

Consider use variances and non-use variances.

d.

Initiate an amendment to the zoning ordinance text or map as permitted in section 153.1102.

(Ord. No. 2025-01, 1-13-2025)

(a)

A zoning permit shall be required prior to changing the use of a parcel of land or building, commencing excavation for, or construction of any building or structure, addition to any existing building or structure, making structural changes, or making repairs to any existing non-conforming building or structure, moving an existing building, any changes to parking lots or parking spaces not requiring site plan approval, or exterior changes to structures in the downtown overlay district.

(b)

A building permit shall be required prior to erecting, moving, repairing, altering, razing or changing the use of any building or structure, as specified herein and provided in the relevant building code adopted by the city.

(c)

A certificate of occupancy shall be required prior to the occupancy of any land, building or structure, as specified herein.

(Ord. No. 2025-01, 1-13-2025)

(a)

It shall be unlawful for any person, firm or corporation to change the use of a parcel of land or building, commence excavation for, or construction of any building or structure, or addition to any existing building or structure, make structural changes, or make repairs to any existing non-conforming building or structure, or move an existing building, or make any exterior changes including painting to a building within the downtown overlay zoning district without first obtaining a zoning permit from the zoning administrator. No building permit shall be issued until an application has been submitted in accordance with the provisions of this chapter showing that the construction and/or use proposed is in compliance with the provisions of this chapter and other applicable codes and ordinances of the city.

(b)

The zoning administrator shall require that all applications for zoning permits be accompanied by plans and specifications including a plot plan, drawn to scale, showing the following:

(1)

The actual shape, location, and dimension of the lot, drawn to scale.

(2)

The shape, size, and location of all buildings or other structures upon it, including, in residential areas, the number of dwelling units the building is intended to accommodate.

(3)

Parking areas and driveways.

(4)

Distances between all buildings and structures and setbacks distances from all buildings and structures to adjacent property lines.

(5)

Such other information concerning the lot or adjoining lots, as may be essential for determining whether the provisions of this chapter are being observed; such as grade elevations.

(c)

One copy of the plans shall be returned to the applicant by the zoning administrator, after the zoning administrator has approved or denied the application. The second copy shall be retained in the office of the zoning administrator.

(d)

A zoning permit shall be approved if it meets the requirements of this chapter. A zoning permit for any exterior changes including painting within the downtown overlay zoning district shall meet the requirements in article 15.

(e)

A zoning permit shall expire within one year from the date of approval unless the applicant receives a building permit for the project, or the zoning administrator verifies that the change authorized by the zoning permit has occurred.

(f)

Expired zoning permits cannot be renewed without being resubmitted.

(Ord. No. 2025-01, 1-13-2025)

(a)

Any improvements regulated by the state construction code as adopted by the city (chapter 150 of this code) shall comply with that code. Procedures for the review and approval of such improvements shall also comply with the state construction code.

(Ord. No. 2025-01, 1-13-2025)

The zoning administrator may issue certificates of zoning compliance to confirm the status of buildings and uses relative to this chapter.

(1)

The zoning administrator shall inspect each development which requires a zoning permit, variance, site plan review, or special land use for final zoning compliance, prior to issuance of a certificate of occupancy by the building inspector. No certificate of occupancy pursuant to the building code of the city shall be issued for any building, structure, or part thereof, or for the use of any land, which is not in accordance with all the provisions of this chapter.

(2)

Certificates of zoning compliance will be issued for existing buildings, structures, or parts thereof, or existing uses of land, if, after review of the ordinance and zoning records, the status of the buildings, site, uses, and other aspects of the property are determined to be in, compliance with this chapter by the zoning administrator.

(3)

A record of all certificates issued shall be kept on file in the office of the zoning administrator, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property involved.

(4)

Buildings accessory to dwellings shall not require separate certificates of zoning compliance for the dwelling when shown on the plot plan and when completed at the same time as such dwellings.

(Ord. No. 2025-01, 1-13-2025)

(1)

The planning commission may impose conditions on site plan reviews and special land uses deemed necessary for ensuring that the intent and objectives of this chapter will be observed. Conditions imposed shall meet the following standards:

a.

Expedite the approval of the site plan by the planning commission and not require the developer to return to the planning commission with revised plans.

b.

Be designed to protect natural resources, the health safety and welfare, as well as the social and economic wellbeing of those who will use the land use or activity under consideration, residents and land owners immediately adjacent to the proposed land use or activity, and the community as a whole.

c.

Be necessary to meet the intent and purpose of the zoning regulations; be related to the standards established in this chapter for the land use or activity under consideration; and be necessary to assure compliance with these standards.

d.

Be related to the valid exercise of police power and purposes which are affected by the proposed use or activity.

e.

In determining appropriate conditions, the planning commission shall ensure that:

1.

There is a rough proportionality between the cost to the developer to provide an improvement in relationship to the impact to be mitigated; and

2.

There is a reasonable connection between the condition imposed and the impact it is mitigating.

(2)

The zoning board of appeals may impose conditions on any affirmative decision when such conditions:

a.

Would ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity.

b.

Would protect the natural environment and conserve natural resources and energy.

c.

Would ensure compatibility with adjacent uses of land.

d.

Would promote the use of land in a socially and economically desirable manner.

e.

In determining appropriate conditions, the ZBA shall ensure that:

1.

There is a rough proportionality between the cost to the developer to provide an improvement in relationship to the impact being mitigated.

2.

There is a reasonable connection between the condition imposed and the impact it is mitigating.

(3)

The conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action and shall remain unchanged except upon an action of the planning commission. The zoning administrator shall maintain a record of changes granted in conditions. The breach of any condition, safeguard, or requirement shall, as determined by the planning commission following a public hearing, invalidate the permit granted.

(Ord. No. 2025-01, 1-13-2025)

Any person or firm convicted of violating any provisions of this chapter shall be subject to the penalties provided for in the city municipal civil infractions ordinance.

(Ord. No. 2025-01, 1-13-2025)

The body charged with conducting a public hearing required by this chapter shall, upon receipt of a completed application, select a reasonable time and place for such hearing. Such hearings shall be held in accordance with the Michigan Zoning Enabling Act, P.A. 110 of 2006, as amended, and the following:

(1)

Special use and variance requests.

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 and to the occupants of all structures within 300 feet of the property, including the owners or occupants of structures located in adjacent cities or townships. If the name of the occupant is not known, the term "occupant" may be used in making notification.

3.

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 mailed by its postmark.

(2)

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

a.

Indicate the public body conducting the hearing and deciding on the matter.

b.

Indicate the nature of the matter to be considered at the public hearing.

c.

Indicate the land that is the subject of the request.

d.

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.

e.

Date, time, and place of the public hearing.

f.

A statement of where and when written comments will be received concerning the request.

(3)

Zoning ordinance text and map amendments.

a.

Map amendments affecting ten or fewer parcels. If the proposed map amendment is for an individual parcel or ten or fewer parcels, notice shall be given as specified in section 153.1208(1)a and b.

b.

Map amendments affecting 11 or more parcels. If the proposed map amendment is for 11 or more parcels, notice shall be given as specified in section 153.1208(1)a, with the exception that the notice need not list street addresses of properties that will be included by the map amendment.

c.

Text amendments. A text amendment notice shall be given as specified in this section.

(4)

Rights of all persons. Any person may appear and testify at a public hearing, either in person or by a duly authorized agent or attorney. Documentary evidence may be submitted for consideration, provided that the hearing body shall exclude such evidence deemed irrelevant, immaterial or unduly repetitious.

(5)

Adjournment. The body conducting the hearing may at any time, on its own motion or at the request of the applicant or applicant agent, adjourn the hearing to a reasonable and fixed future date, time, and place for the purpose of giving further notice, accumulating further evidence or information or for such other reasons that the body finds to be sufficient. Notice shall be provided of the adjourned hearing date, time, and place per section 153.1208(1)a.

(Ord. No. 2025-01, 1-13-2025)