The provisions of this chapter shall be administered by the building official or by such deputies of his department as the building official may delegate for such work. He shall make such general rules and prescribe the use of such forms and methods consistent with the intent of this chapter as may facilitate the work. With the approval of the city manager, the building official may employ expert service to aid in the administration of this chapter.

(Ord. No. 279, § 15.00, 12-12-96)

It shall be unlawful to use any land, or part thereof; or to build or use or permit the building or the use of any building or structure, or part thereof, which is hereafter created, erected or altered; or to change or enlarge the use of any building or land, or part thereof, until a zoning permit, in accordance with the provisions of this chapter, shall have been obtained from the building official. The zoning permit shall state clearly the purpose for which the land or building shall be used and the specific district in which the land or building is located.

(Ord. No. 279, § 15.01, 12-12-96)

An application for a zoning permit shall be made to the building official. Such application shall be accompanied by a plot plan in duplicate, drawn to scale, showing the exact dimensions of the land and structure to which the permit is to apply, the lines of all the lots or parcels under separate ownership contained therein, the width of and alignment of all abutting streets, alleys, easements of access and public open space, the area, size,position and height, of all buildings or structures with plans drawn to scale, of the proposed structure or alteration and such other information as may be deemed necessary for the proper enforcement of this chapter. An accessory building when erected at the same time as the principal building on a lot as shown on the application thereof shall not require a separate zoning permit. Whenever the buildings, land and uses thereof as set forth on the application are in conformity with the provisions of this chapter, the permit shall be conspicuously posted upon the premises. In all cases when the building official shall refuse to issue a zoning permit, he shall state such a refusal, in writing, with the cause and reasons for the refusal.

(Ord. No. 279, § 15.02, 12-12-96)

Before any permit shall be issued under this chapter, an inspection fee shall be paid in amount fixed by a schedule established by resolution of the city council.

(Ord. No. 279, § 15.03, 12-12-96)

It shall be the duty of the holder of every permit to notify the building official, in writing, of the time when such building or land use will be ready for inspection. Two (2) such inspections shall be requested: first, when excavation for foundations has been completed; and the second inspection shall be requested when the building is completed. In case of sheds and garages having an area of less than eight hundred (800) square feet, only one inspection by the building official shall be required, which inspection shall be requested as soon as wall studs are in place. Failure to notify the building official of the time for such inspection shall automatically cancel the permit. Before reissuing a second permit, the building official may require the payment of a second fee. A notice to call the attention of the holders of permits to the requirements of this section shall be printed on all permits issued.

(Ord. No. 279, § 15.04, 12-12-96)

No land or building hereafter erected or altered shall be occupied, used, or changed in use until a certificate of occupancy shall have been issued by the building official stating that the land or building or proposed use of a building or land complies with all the building and health laws and ordinances and the provisions of this chapter. The building official may impose reasonable conditions upon the issuance of a certificate of occupancy in order to ensure that the building, use, or approved activity complies with the applicable provisions of the zoning ordinance, or other applicable provisions of the City Code, Michigan statutes, and other applicable laws or regulations.

(Ord. No. 279, § 15.05, 12-12-96; Ord. No. 388, § 3, 10-11-18)

(a)

Certificates of occupancy shall be applied for coincident with the application for a permit and shall be issued within ten (10) days after the erection or alternation of such building or the use of land shall have been completed in conformity with the provisions of this chapter.

(b)

A record of all such certificates shall be kept on file in the office of the building official and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected. No fee shall be charged for an original certificate applied for coincident with the application for a permit; for all other certificates, or for copies of any original certificates, there shall be a charge of one dollar ($1.00) each. No permit for the excavation for, or the alteration of any building or for any use of land, shall be issued before application has been made for a certificate of occupancy.

(Ord. No. 279, § 15.06, 12-12-96)

The building official may issue a temporary certificate of occupancy for a part of a building prior to the occupation of the entire building, provided such temporary certificate shall not remain in force for a period in excess of six (6) months nor more than five (5) days after the building is fully completed and ready for occupancy; and provided, further, that the owners provide a performance guarantee at the time of occupancy and shall execute and sign a statement of willingness to comply with all conditions set forth in the certificate under penalty of revocation thereof. The building official may impose reasonable conditions upon the issuance of a temporary certificate of occupancy in order to ensure that the building, use, or approved activity complies with the applicable provisions of the zoning ordinance, or other applicable provisions of the City Code, Michigan statutes, and other applicable laws or regulations.

(Ord. No. 279, § 15.07, 12-12-96; Ord. No. 388, § 4, 10-11-18)

Certificates of occupancy shall be issued for existing structures or premises and uses on December 26, 1996, when requested.

(Ord. No. 279, § 15.08, 12-12-96)

The city manager may approve temporary uses (including circuses, fairs and carnivals), subject to the following requirements:

(1)

The period of operation of the proposed use shall not exceed six (6) months and shall not exceed the time period included in the application reasonably considering the nature of the use.

(2)

An application shall be filed on a form specified by the city, accompanied by a plot plan drawn to scale showing the proposed layout of the site, along with a fee to be established by city council resolution.

(3)

Written verification of ownership of the subject site shall be provided. Written permission of the property owner shall also be furnished to the city.

(4)

The proposed use shall be compatible with, and shall not conflict with, principal activities conducted on the site or upon any adjacent site. No activity shall be conducted within the public right-of-way. The use must be related to a permanent conforming use at a fixed location.

(5)

There shall be adequate parking provided (hard-surface if deemed appropriate) on the site consistent with the scope of the proposed use. Parking provided for any permanent use shall not be used for a temporary use, unless the remaining parking is sufficient to accommodate the parking requirements for both permanent and the temporary uses.

(6)

The proposed site shall be laid out so as to ensure safe vehicular and pedestrian circulation.

(7)

The hours of operation shall be limited to specified hours which are consistent with the nature of the use and compatible with other activities on the site and adjacent parcels.

(8)

All sanitary service, electrical lines, and all other operations shall comply with all applicable city codes, ordinances, and regulations and any other applicable statutes, rules, or regulations of any governmental body having jurisdiction over the activity; and any permits required shall be obtained by the applicant. The proposed use shall comply with any other applicable written standards established and promulgated by the city. The city manager shall forward the application to various city departments, as deemed necessary to determine compliance with the applicable city codes, regulations, and standards.

(9)

Any temporary structures shall be erected in a safe manner in accordance with any applicable city codes, ordinances, or standards. A cash deposit or irrevocable letter of credit shall be filed in an amount and by a company satisfactory to the city manager to ensure the prompt removal of any temporary use.

(10)

The property shall be maintained in a neat and orderly condition, and cleaned immediately after the close of each business day.

(11)

Final clean-up shall be the responsibility of the applicant, and shall be assured by the posting of a cash deposit or irrevocable letter of credit in an amount determined by the city manager to ensure performance of the clean-up within forty-eight (48) hours of termination of the temporary use.

(12)

Circuses, fairs and carnivals shall be further limited:

a.

Such uses shall be permitted only when sponsored or operated by schools, churches, fraternal societies, service organizations, civic organizations, and/or similar non-profit organizations.

b.

Approval shall be obtained from the city's public safety department prior to consideration of any application under this section.

c.

Such uses shall operate only between the hours of 10:00 a.m. and 12:00 Midnight.

d.

Handling and dispensing of food and sewage disposal shall be in accordance with regulations of the Macomb County Health Department.

e.

Any permit shall be limited in time to periods of not more than eight (8) continuous days; provided, however, such permit may be renewed for periods greater than eight (8) continuous days.

(13)

Garage sales are an accessory use to single-family residential use, and shall not require temporary use approval by the city manager (see section 32-45).

(14)

Signage for the temporary use shall be permitted only as part of the temporary use; shall be limited to sixteen (16) square feet; and shall be set back not less than ten (10) feet from the right-of-way. This section shall not be construed to prohibit temporary signs in conformance with section 32-230.

(15)

The city manager may impose reasonable conditions upon the approval of a temporary use under this section in order to ensure that the temporary use complies with the applicable provisions of this section, the zoning ordinance, and other applicable provisions of the City Code, Michigan statutes, or other applicable laws or regulations. If the proposed temporary use or any part does not meet all of the conditions determined to be applicable by the city manager, the use shall not receive administrative approval and may be reviewed and considered for approval only by the zoning board of appeals under the temporary use powers set forth in section 32-230.

(Ord. No. 279, § 15.09, 12-12-96; Ord. No. 388, § 5, 10-11-18)

(a)

The planning commission, as established under Act 285 of the Michigan Public Acts of 1931 [MCL 123.31 et seq., MSA 5.2991 et seq.], as amended, shall perform all of the duties of such commission in accordance with the law in such case made and provided, relating to amendments of this chapter, and such other duties as are established in this chapter.

(b)

In cases where the planning commission is required to recommend or approve certain use or premises under the provisions of this chapter, the applicant shall furnish such surveys, plans or other information as may be reasonably required by the commission for the proper consideration of the matter.

(c)

The planning commission shall investigate the circumstances of each such case and may notify such parties who may be affected thereby of the time and place of any hearing which may be held relative thereto as required under its rules of procedure.

(d)

The planning commission may impose such conditions or limitations in granting approval as may, in its judgement, be necessary to fulfill the spirit and purpose of this chapter.

(e)

Where site plan review is required by the planning commission under the terms of this chapter, a site plan fee may be required to cover the cost of such reviews, including planners, engineers, and other such professional services in accordance with a schedule of fees as determined by the city council.

(f)

Any approval given by the planning commission, under which premises are not used or work is not started within six (6) months, or when such use or work has been abandoned for a period of six (6) months, shall lapse and cease to be in effect.

(Ord. No. 279, § 15.10, 12-12-96)