Garden City City Zoning Code

PERMITS AND

CERTIFICATES

§ 154.465 PERMITS.

(A) Permit required. A building permit or other appropriate permit shall be required as follows.

(1) Prior to the erection, alterations repair, renovation, demolition or removal of any building or structure.

(2) Prior to the installation, extension, or replacement of plumbing, electrical, drainage, or similar utility systems.

(3) Prior to the establishment of a new use, whether the land is currently vacant or if a change in land use is proposed.

(4) Prior to any change in use of an existing building or structure to a different class or type.

(B) Definition of alteration and repair. For the purposes of this subchapter, the terms ALTERATION and REPAIRED shall include any changes in structural parts, stairway, type of construction, type, class or kind of occupancy, light or ventilation, means of ingress and egress, or other changes affecting or regulated by the adopted City Building Code, the Housing Law of Michigan, Public Act 167 of 1917, as amended, being M.C.L.A. 125.401 et seq., these regulations or other applicable regulations of the city.

(1) No permit shall be issued for construction, alteration, or remodeling of any building or structure until an application has been submitted, showing that the proposed improvements conform with the provisions of these regulations and with the City Building Code.

(2) Applications for permits required by this subchapter shall be filed with the Building Official on forms prescribed by that official. Each application shall be accompanied by a written explanation of the proposed improvements, and, if applicable, a plan of the site drawn to scale. Submitted plans shall be of sufficient detail for the official to determine whether the proposed improvements conform with these regulations, the Building Code, the State Construction Code, Act Public Act 230 of 1972, being M.C.L.A. §§ 125.1501 - 125.1531 as amended, and other applicable laws and ordinances.

(3) A site plan submitted and approved by the Planning Commission in accordance with these regulations shall satisfy the requirements of this subchapter. At a minimum, the applicant must supply the following information.

(a) The location, dimensions and parcel identification (sidwell) number of the land parcel.

(b) Existing buildings or structures, plus the shape, size, and location of all buildings or structures to be erected, altered, or moved.

(d) On residential parcels, the number of dwelling units contained within each building.

(e) The name and address of all persons having an ownership interest in the premises upon which the improvements are proposed, together with a written statement from all such persons indicating knowledge of and agreement with the proposal.

(f) All information required by the adopted city Building Codes.

(g) Any other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of these regulations will be complied with.

(D) Conformity with applicable ordinances and approved plans.

(1) A building permit shall be issued only if, after thorough inspection of the application materials and plans, the Building Official finds that the proposal conforms with these regulations, the State Construction Code Act, Public Act 230 of 1972, being M.C.L.A. §§ 125.1501 - 125.1531, as amended, city adopted codes, and other applicable laws and ordinances, except where the Building official receives written notice of a variance having been granted by the Zoning Board of Appeals or Construction Board of Appeals.

(2) A building permit issued on the basis of a site plan approved by the Planning Commission shall incorporate full compliance with the approved site plan as a condition of the issuance of the permit. Modifications to an approved site plan shall be in compliance with these regulations. Use, layout, or construction at variance with approved plans or application materials shall be deemed in violation of these regulations.

(E) Expiration of permits. A building permit issued pursuant to the provisions of these regulation shall be consistent with the procedures stated within the adopted Building Code of the city. Expiration and notification requirements of the applicable code shall be followed.

(F) Inspection of completed work. The holder of any building permit issued pursuant to the requirements in this subchapter shall notify the Building Official for a final inspection and request a certificate of occupancy upon completion of the work authorized by the permit and prior to occupancy.

(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.466 CERTIFICATE OF OCCUPANCY.

A certificate of occupancy shall be required prior to occupancy or re-occupancy of any use of land, building or structure. It shall be unlawful for any person, firm or corporation to hereafter occupy or re- occupy, or for any owner or agent to permit the occupation or re-occupation of any building or addition thereto, or part thereof, for any use until a certificate of occupancy has been issued by the Department of Building and Engineering. The following guidelines shall apply to certificate of occupancy.

(A) General requirements.

(1) Purpose. The purpose of a certificate of occupancy is to permit the occupancy or use of land, buildings, or structures. The certificate of occupancy can be issued only upon the determination by the Zoning Administrator and the Building Official that the site is in compliance with the provisions of these regulations, the requirements of the adopted city Building and Construction Codes, adopted city engineering standards, and that all outstanding city fees or other charges have been paid.

(2) Certificates for new and existing buildings. Certificates of occupancy shall be issued for new or existing buildings or structures, or parts thereof, or for existing or new uses of land if, after inspection, the Building Official finds that any alterations, extensions, repairs, or new construction have been completed in conformity with the provisions of these regulations and other regulations of the city, and provided further that the proposed use is fully in compliance with these regulations. Failure to obtain a certificate of occupancy prior to commencing the use of property shall constitute a violation of these regulations.

(3) Temporary certificates. A temporary certificate of occupancy may be issued by the Building Official, upon approval of the Zoning Administrator, for a portion of a building, structure or premises prior to occupancy of the entire building or structure, provided that such portion of the building, structure or premises is in conformity with the provisions of these regulations and other applicable regulations of the city, and provided further that no threat to public safety exists. A performance guarantee may be required by an Enforcement Official in accordance with § 154.036 as a condition of obtaining a temporary certificate. No temporary certificate of occupancy shall be granted for a period in excess of six months. The date of expiration shall be indicated on the temporary certificate; failure to obtain a final certificate of occupancy within the specified time shall constitute a violation of these regulations.

(4) Certificates for accessory buildings to dwellings. Buildings and structures that are accessory to a dwelling shall not require a separate certificate of occupancy, but may be included in the

certificate of occupancy for the principal use on the same parcel, provided the accessory buildings or uses are shown on the plot plan and are completed at the same time as the principal use.

(B) Period of validity. A final certificate of occupancy shall remain in affect for the life of the building or structure, or part thereof, as long as the specific operation conducted within the building or structure or use of the land continues. A certificate of occupancy shall be required of any new occupant upon a change in occupancy of the building, structure, or land.

(C) Records of certificates. A record of all certificates of occupancy shall be kept in the office of the Building Official. Copies of certificates shall be furnished upon request to a person or persons having a propriety or tenancy interest in the property.

(D) Application requirements. An application for a certificate of occupancy shall be made on forms supplied by the Building Official, and must be accompanied by the fees specified. A certificate of occupancy may be processed concurrently with an application for a building permit, if a building permit is required. The Zoning Administrator shall determine if a nonresidential occupancy change requires site plan review and approval by the Planning Commission pursuant to §§ 154.400 through 154.405.

(E) Issuance of certificate. The Enforcement Official shall inspect a building or structure within 15 working days after notification by an applicant of the completion of a building or structure or other improvements. The Building Official and Zoning Administrator shall issue a certificate of occupancy upon finding that the building or structure, or part thereof, or the use of land, conforms with an approved site plan and the provisions of these regulations. If the request for a certificate of occupancy is denied, the applicant shall be notified in writing of the denial and the reasons for denial.

(F) Failure to comply with an issued certificate. Failure to maintain and comply with the specifically permitted use and any associated conditions of an issued certificate of occupancy shall constitute a violation of these regulations and shall revoke the permission to occupy or use the land, buildings and/or structures. Such revocation shall allow the city to require the immediate evacuation from the land, buildings, and structures of all occupants and for all use of the land, buildings and structures to cease and desist once the property owner and/or occupants have received written notice of a failure to comply with the issued certificate of occupancy.

(Ord. 92-005, passed 2-17-92; Am. Ord. 21-004, passed 2-8-21) Penalty, see § 154.999

§ 154.467 ZONING PERMITS.

No structure or site shall be used erected, moved, enlarged, altered or demolished until the owner or occupant has applied for and obtained a zoning permit. No permit shall be issued to erect, move, enlarge, substantially alter, or demolish a structure or site unless the request is in conformance with the provisions of this section. Zoning permits shall be subject to the following:

(A) Building permit includes zoning permit approval. For purposes of this section, building permits issued by the Building Department in accordance with the State Construction Code enforced by the city shall also include any zoning permit approval required under this section.

(B) Zoning permits. Wherever a provision of this section requires approval of a permit for work not regulated by the State Construction Code enforced by the city, zoning permit approval shall be required subject to the provisions of this section. The Zoning Administrator shall have the authority to grant zoning permits, and shall be responsible for consulting with the Building Official to verify that no building permits are required for the proposed work under the State Construction Code enforced by the city prior to issuing a zoning permit under this section.

(C) Application. Zoning permit applications shall be filed with the Zoning Administrator and shall be accompanied by a written explanation of the proposed improvements. Application materials shall include sufficient detail for the Zoning Administrator to determine whether the proposed improvements conform to the provisions of this section. The Zoning Administrator may require that submittal of a permit application be accompanied by plans and specifications drawn to scale and showing the following:

(1) The location, shape, area, and dimensions of the lot involved;

(2) The size, shape, dimensions, and location of any existing or proposed structures to be situated on the parcel;

(3) The existing and proposed use of the parcel and all structures upon it;

(4) The location and dimensions of any existing and proposed yard, open space, and parking areas;

(5) Proposed setbacks of structures from property lines and other structures; and

(6) Any other information deemed necessary by the Zoning Administrator or designated agent of the city for the proper enforcement of this section.

(D) Revocation. The Zoning Administrator may revoke a zoning permit in the case of failure or neglect to comply with any of the provisions of this section, or in the case of any false statement or misrepresentation made in the application for the permit. The Zoning Administrator or designated agent of the city shall notify the owner of such revocation in writing.

(Ord. 10-014, passed 1-11-10)