Garden City City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 154.480 OVERVIEW.
(A) The City Council or its duly authorized representative as specified in this subchapter is hereby charged with the duty of enforcing the provisions of this chapter. Accordingly, the administration of this chapter is hereby vested in the following entities.
(1) City Council.
(2) Planning Commission.
(3) Zoning Board of Appeals.
(4) Zoning Enforcement Officials, including the Building Official
(B) The purpose of this part of the Zoning Ordinance is to set forth the responsibilities and scope of authority of these entities.
(Ord. 92-005, passed 2-17-92)
§ 154.481 AUTHORITY OF CITY COUNCIL.
The City Council shall have the following responsibilities and authority pursuant to this chapter.
(A) Adoption of Zoning ordinance and amendments. In accordance with the intent and purposes expressed in § 154.001, the Preamble to this chapter, and pursuant to the authority conferred by Public Act 207 of 1921, being M.C.L.A. §§ 125.581 - 125.590, as amended, the City Council 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.
(B) Review and approval of plans.
(C) Setting of fees. 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 chapter. In the absence of specific action taken by the City Council to set a fee for a specific permit or application, the appropriate administrative official shall assess the fee based on the estimated costs of processing and reviewing the permit or application.
(D) Approval of Planning Commission members. In accordance with Public Act 285 of 1931, being M.C.L.A. §§ 125.31 - 125.45, as amended, members of the Planning Commission shall be appointed by the Mayor with the approval of the City Council.
(Ord. 92-005, passed 2-17-92)
§ 154.482 AUTHORITY OF PLANNING COMMISSION.
The Planning Commission shall have the following responsibilities and authority pursuant to this chapter.
(A) Creation. The Planning Commission is created pursuant to Public Act 285 of 1931, being M.C.L.A. §§ 125.31 - 125.45, as amended, the Municipal Planning Act.
(B) Membership and operation.
(1) 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 285 of 1931, being M.C.L.A. §§ 125.31 - 125.45, as amended.
(2) In accordance with § 4 of Act 285, the Planning Commission 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 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 Council.
(2) Site plan review. The Planning Commission shall be responsible for review of applications for site plan approval in accordance with §§ 154.400 through 154.405. As provided for in § 154.403, 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 §§ 154.415 through 154.417, and making a recommendation to the City Council to grant approval, approval subject to revisions, or denial of approval.
(4) Planned Development review. The Planning Commission shall be responsible for holding hearings and review of all applications for Planned Development in accordance with §§ 154.430 through 154.438. 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 Development proposal.
(5) Formulation of a Master Plan. The Planning Commission shall be responsible for formulation and adoption of a Master Plan for the physical development of the city, in accordance with Public Act 285 of 1931, being M.C.L.A. §§ 125.31 - 125.45, as amended.
(6) Review of matters referred by the City Council. The Planning Commission shall be responsible for review of plats or 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) Report on operation of the Zoning ordinance. The Planning Commission shall periodically prepare for the City Council a report on the operations of the Zoning ordinance, including recommendations as to the enactment of amendments or supplements to the ordinance.
(Ord. 92-005, passed 2-17-92)
§ 154.483 ZONING BOARD OF APPEALS.
The Zoning Board of Appeals (hereinafter referred to as ZBA) shall have the following responsibilities and authority pursuant to this chapter.
(A) Creation. The ZBA is created pursuant to Public Act 207 of 1921, being M.C.L.A. §§ 125.581 - 125.590, as amended, the City-Village Zoning Act.
(B) Membership and operation. The ZBA shall consist of seven members who shall be appointed in accordance with § 5 of Public Act 207 of 1921, as amended, and as follows.
(1) ZBA members shall be citizens of the United States and residents of the city for at least one year prior to their appointment.
(2) Members may be removed for cause by the Mayor, subject to approval by the City Council, or as otherwise provided by state law, after consideration of written charges and a public hearing.
(3) Vacancies on the ZBA shall be filled by appointment of the Mayor, subject to approval by the City Council. Appointments shall be for the remainder of the unexpired term.
(4) The compensation of the members of the ZBA shall be fixed by the City Council.
(5) The City Council shall also appoint two alternate members for the same term as regular members of the ZBA. Alternate members may be called on a rotating basis to sit as regular members in the absence of a regular member. An alternate member may also be called to serve in the place of a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of a conflict of interest. The alternate member having been appointed 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 Board of Appeals.
(C) Secretary of the ZBA. The City Clerk shall be the secretary of the Board. The Clerk may designate a deputy clerk to act on his/her behalf.
(D) Meetings. Meetings of the ZBA shall be held in accordance with an adopted schedule, or at the call of the Chairperson, or at such other times as the ZBA may specify in its rules and procedures. 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.
(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 in required to act; or to affect any variation to this chapter.
(F) Jurisdiction.
(1) The ZBA shall act on all questions as they may arise in the administration of this chapter, including the interpretation of the zoning district 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 chapter. The ZBA shall also hear and decide matters referred to them or upon which they are required to pass under this chapter. 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 §§ 154.150 through 154.453. In the interest of complying with these requirements and furthering the objectives of this section, the ZBA may take the following actions.
(a) Interpret the zoning districts where the street layout shown on the map varies from actual conditions.
(b) Interpret the exact location of a boundary line between zoning districts shown on the map.
(c) Grant variances from off-street parking or loading space requirements, upon finding that the variances will not result in a parking or leading space deficiency or otherwise be inconsistent with the intent of the requirements.
(d) 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 variances, the ZBA shall first determine that sufficient area exists for an adequate storm water drainage, water supply, and septic system, if necessary.
(e) Grant variances from the site plan review requirements where the ZBA finds that the requirements would cause practical difficulties or unnecessary hardship do to the unique conditions on the site.
(f) Grant variances made necessary by the advances of technology being put to use in new developments, but not anticipated by the provisions of this chapter.
(2) The ZBA is not authorized to consider an appeal of any decision concerning a planned development or special land use. Notwithstanding these requirements, the ZBA shall have the power to consider variances associated with a special land use site plan which relate to setbacks and dimensional requirements.
(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 which is material and with good reason was not presented to the ZBA.
(Ord. 92-005, passed 2-17-92)
§ 154.484 AUTHORITY OF ZONING ENFORCEMENT OFFICIALS.
(A) Overview. Certain actions necessary for the implementation of these regulations shall be administered by the Community Development Director, the Zoning Administrator, the Building Official, the City Clerk, the City Planner, and other city officials and/or the duly authorized assistants or representatives of these officials. In carrying out their designated duties, all Enforcement Officers shall be required to administer the Zoning ordinance precisely as it is written. No Enforcement Official shall make changes or vary the terms of these regulations.
(B) Responsibilities of the Community Development Director. The Community Development Director, or a duly authorized representative, shall be responsible for overall administration of the Zoning ordinance. The Director shall coordinate the implementation of these regulations among the City Council, the City Manager, the Planning Commission, the Zoning Board of Appeals, enforcement officials, city consultants, applicants, and the general public. These general administrative responsibilities shall include the following.
(1) Preparation and presentation of staffing plans to appropriate policy makers.
(2) Preparation and administration of budgetary matters regarding the implementation of these regulations.
(3) Resolution of problems occurring between applicants, staff, and the general public.
(4) Periodically report to city policy makers on the status of city zoning and planning administration.
(C) Responsibilities of the Zoning Administrator. In addition to specific responsibilities outlined elsewhere in these regulations, the Zoning Administrator or a duly authorized representative shall have the following responsibilities.
(1) Provide citizens and public officials with information relative to these regulations and related matters.
(2) Assist applicants in completing appropriate forms and following procedures related to site plan review, rezoning, and other zoning matters.
(3) Review all applications for site plan review, special land use review, and planned development, and take any action required under guidelines stated within these regulations;
(4) In cooperation with the Building Official, issue certificates of occupancy in accordance with these regulations when all provisions of these regulations and other applicable ordinances and codes are met.
(5) Forward to the Planning Commission completed applications for site plan review, special land use review, planned unit development proposals, petitions for amendments to these regulations, and other matters that must be reviewed by the Planning Commission.
(6) Forward to the Zoning Board of Appeals all materials related to applications for appeals, variances, or other matters on which the Zoning Board of Appeals in required to act.
(7) Forward to the City Council all recommendations of the Planning Commission concerning matters on which action is either mandatory or discretionary on the part of the Council.
(8) Periodically report to the Planning Commission on the status of city's zoning and planning administration.
(9) Maintain the current official Zoning Map of the city and an up-to-date Zoning ordinance text by recording all adopted amendments.
(10) Review and investigate permit applications to determine compliance with the provisions of the Zoning ordinance.
(11) Initiate investigations into alleged violations of these regulations and proceed with appropriate corrective measures as required.
(12) Perform other related duties required to administer these regulations.
(D) Responsibilities of the Building Official. In addition to specific responsibilities related to enforcement and administration of the adopted Building Code, the Building Official or duly authorized assistants shall have the following responsibilities.
(1) Provide citizens and public officials with information relative to these regulations and related matters.
(2) Provide direction to applicants in determining and completing appropriate procedures related to site plan review, rezoning, and other zoning matters.
(3) Review applications for site plan review, special land use review, and planned development, provide recommendations regarding the content of the plans and take any action required under guidelines stated within these regulations.
(4) Issue building or other appropriate permits when all provisions of these regulations and other applicable ordinances as are met.
(5) In cooperation with the Zoning Administrator, issue certificates of occupancy in accordance with these regulations when all provisions of these regulations and other applicable ordinances and codes are met.
(6) Perform inspections of structures, and premises to ensure that the land use or improvements to the land are and will remain in compliance with these regulations.
(7) Initiate and perform investigations into alleged violations of these regulations and proceed with appropriate corrective measures when required, including issuance of violation notices, issuance of orders to stop work, and revocation of permits.
(8) Maintain records as accurately as is feasible for all nonconforming uses, structures, and lots that exist on the effective date of the zoning ordinance, updating the record as conditions affecting nonconforming status of such uses changes.
(9) Perform other related duties required to administer these regulations.
(E) Responsibilities of the City Clerk. In addition to specific responsibilities outlined elsewhere in these regulations, the City Clerk or duly authorized representatives shall have the following responsibilities.
(1) Publish all notices required by these regulations.
(2) Record or cause to be recorded and prepare the official minutes of all meetings of the Planning Commission and Zoning Board of Appeals.
(3) Maintain official records and file all official minutes and documents in an orderly fashion.
(4) Perform other related duties required to administer these regulations.
(F) Responsibilities of the City Planner. The City Planner may be a member of city staff or a firm or organization retained on a consulting basis, or the responsibilities may be shared by staff and a consultant. In addition to specific responsibilities outlined elsewhere in these regulations, upon request from the City Council, the Planning Commission, the City Manager, the Community Development Director, an authorized department head, or other authorized city body or official, the City Planner shall fulfill 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 appropriate state 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 Council, City Manager and other authorized city bodies or officials and be responsible for carrying out their directives.
(4) Provide citizens and public officials with information relative to these regulations and related matters.
(5) At request of the city, review applications for site plan review, special land use review, planned development proposals, and take any action required under the guidelines stated in these regulations.
(6) At the request of the Planning Commission or City Council, draft amendments to the Zoning ordinance and other ordinances to accomplish the planning objectives of the city.
(7) Periodically report to the Planning Commission on the status of the city's zoning and planning administration.
(8) Perform other related duties required to administer these regulations.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999
§ 154.485 FEES.
(A) Any application for an amendment to this chapter, site plan review, review of a special land use proposal, review of a planned development proposal, request for a variance, request for inspection, request for a building or zoning permit, request for a certificate of occupancy or other request for other action pursuant to the regulations set forth in this chapter shall be subject to and accompanied by a fee as established by the City Council. Fees shall be collected in advance of any reviews, inspections, or issuance of any permits or approvals. Upon notification of deficient payment of fees, administrative officials charged with enforcement of this chapter shall cause any permits to be suspended and reject applications for new permits directly associated with the project.
(B) The assessment and payment of application fees does not affect the requirements for a performance guarantee as specified in § 154.036.
(C) There shall be no fee in the case of applications filed in the public interest by a municipal department or city official.
(Ord. 92-005, passed 2-17-92)
§ 154.486 VIOLATIONS.
(A) Public nuisance. Buildings erected, altered, razed or converted (including tents, mobile homes, and trailer coaches), or uses carried on in violation of any provision of these regulations are hereby declared to be a nuisance per se, and shall be subject to abatement or other action by a court of appropriate jurisdiction.
(B) Violation. Any person, firm, corporation, or agent, or any employee, contractor, or subcontractor of same who fails to comply with any of the provisions of these regulations or any of the regulations adopted in pursuance thereof, or who impedes or interferes with the enforcement of these regulations by an Enforcement Official, shall be deemed in violation of these regulations.
(Ord. 92-005, passed 2-17-92)
§ 154.487 COURT ACTION; OTHER REMEDIES.
(A) The City Manager or a duly authorized representative is hereby empowered to commence and pursue any and all necessary and appropriate actions or proceedings in the Circuit Court, or any other court having jurisdiction, to restrain or prevent any noncompliance with or violation of any of the provisions of these regulations, and to correct, remedy, or abate any noncompliance or violation. Any person aggrieved or adversely affected by any noncompliance or violation may institute suit or join the city in such an action to abate the violation.
(B) Other remedies. The rights and remedies set forth above shall not preclude the use of other remedies provided by law, including any additional rights of the city to initiate proceedings in an appropriate court of law to restrain or prevent any noncompliance with any provisions of these regulations, or to correct, remedy, or abate any noncompliance.
(C) Rights and remedies preserved. Any failure or omission to enforce the provisions of these regulations, and failure or omission to prosecute any violations of these regulations, shall not constitute a waiver of any rights and remedies provided by these regulations or by law, and shall not constitute a waiver nor prevent any further prosecution of violations of these regulations.
(Ord. 92-005, passed 2-17-92)
§ 154.488 RECORDS.
(A) Permanent and current records of this chapter, including but not necessarily limited to, all maps, amendments, variances, appeals, special land uses, certificates of occupancy, and related applications, shall be maintained in the office of the city administrative official having jurisdiction.
(B) Every rule or regulation, decision, finding of fact, condition of approval, resolution, or other transaction of business of the Planning Commission or Zoning Board of Appeals shall be duly recorded and filed in the public records of the office of the City Clark.
(C) A copy of any application, permit certificate, transcript of a public meeting, or other item of the public record may be obtained from the appropriate city office upon payment of copying costs.
(Ord. 92-005, passed 2-17-92)