The provisions of this chapter shall be administered and enforced by the zoning administrator and the building inspector or by such deputies of their departments as may be delegated.

(Code 2002, § 220-99)

(a)

Plan review.

(1)

The zoning administrator shall review plans to assure that proposed construction and use of land is in compliance with all applicable provisions of this chapter. If any application is not approved, the zoning administrator shall state in writing on the application the cause for such disapproval.

(2)

Under no circumstance is the zoning administrator permitted to make changes in this chapter, nor to vary the terms of this chapter while carrying out the duties prescribed herein. Issuance of a permit shall in no case be construed as waiving any provisions of this chapter.

(b)

Violations. The power of the zoning administrator shall include the power to issue appearance tickets involving violations of this zoning chapter for which a fine may be levied. The zoning administrator, or the administrator's designee, shall inspect each alleged violation of this chapter and after inspection shall, within ten days of his inspection, issue to the offender an order to correct the violation. Upon reinspection following the time allowed for correction, the zoning administrator may issue an appearance ticket to the offender if a violation has not been corrected and shall report the violation to the City Attorney. In all prosecutions for violations of this chapter, appearance tickets and the appropriate procedures set forth in Act 147 of Public Acts of 1968, as amended (MCL 764.9a et seq.), may be used whenever appropriate.

(c)

Record of complaints. The zoning administrator shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter, and of the action taken consequent to each such complaint, which records shall be public records.

(d)

Report to City Council. The zoning administrator shall report to the City Council periodically, at intervals of not greater than 12 months, summarizing for the period since the last previous report all complaints of violation and the action taken subsequent thereon. The zoning administrator shall also prepare a report of all zoning board of appeals actions at intervals of not greater than 12 months.

(Code 2002, § 220-100; Ord. No. 571, § 1(220-100), 8-13-2018)

The building inspector or building official may issue building permits and certificates of occupancy, in accordance with the provisions of the state construction code, after review and approval by the zoning administrator confirming compliance with all applicable provisions of this chapter.

(Code 2002, § 220-101; Ord. No. 571, § 1(220-101), 8-13-2018)

Each application for a building permit shall be accompanied by a plan. For proposals that will require site plan review by the planning commission, a site plan will be required in accordance with section 46-20, site plan review. For proposals that do not require site plan review by the planning commission, a plot plan shall be submitted to the zoning administrator. The plot plan is intended to provide the minimum information necessary for the city to sufficiently determine compliance with codes and ordinance. At a minimum, each plot plan shall be drawn to scale and shall include the following information:

(1)

The shape, location, area, and dimensions of the lot.

(2)

The location, dimensions, height, and bulk of the existing and/or proposed structures to be erected, altered, or moved on the lot.

(3)

The existing and intended use of the lot and of all such structures upon it, including in the residential areas the number of dwelling units the building is intended to accommodate.

(4)

The proposed number of sleeping rooms, dwelling units, occupants, employees, customers, and other information necessary to determine density and parking requirements.

(5)

The yard, open space, and parking space dimensions.

(6)

Existing and proposed grades to an extent necessary to allow the building department, the zoning administrator, and the city engineer to properly determine the results of the proposed work.

(7)

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

(Code 2002, § 220-102; Ord. No. 571, § 1(220-102), 8-13-2018

Editor's note— Ord. No. 571, § 1(220-103), adopted Aug. 13, 2018, repealed former § 46-583 which pertained to permits and derived from the 2002 Code, § 220-103.

Editor's note— Ord. No. 571, § 1(220-104), adopted Aug. 13, 2018, repealed former § 46-584 which pertained to certificates of occupancy and derived from the 2002 Code, § 220-104.

(a)

Council authority. The City Council may, from time to time, upon recommendation from the planning commission or upon petition, amend, supplement, or change the district boundaries or the regulations in this chapter, or subsequently established in this chapter pursuant to the authority and procedure established in Act 110 of the Public Acts of Michigan of 2006 (MCL 125.3101 et seq.), and as the statute may be amended from time to time.

(b)

Petition for amendment. Upon presentation to the planning commission of a petition for amendment of the zoning ordinance by the owner of real estate affected, such petition shall be accompanied by a deposit or fee, in an amount to be established by resolution of the council, payable to the City Clerk. If the petitioner withdraws his request prior to the time the planning commission sets the amendment for public hearing, the petitioner shall be entitled to a refund of the fee, unless a public hearing has been held to discuss the petition.

(1)

In the event the landowner or authorized entity acting on behalf of the landowner desires or intends to propose a particular land use or development as a condition to rezoning pursuant to section 4g of the City and Village Zoning Act, PA 2004 No. 579 (MCL 125.584g), a written notice of intent to make such an offer shall be given to the zoning administrator.

(2)

The notice of intent required herein shall be in writing and shall be accompanied by a proposed covenant to run with the land regarding the proposed use or a proposed agreement setting forth the development conditions relating to said rezoning request.

(3)

Unless waived by the City Council, all proposals for conditional zoning shall be reviewed by the planning commission and addressed in the planning commission's recommendation/report on the underlying rezoning request. In the consideration of such a proposal, the planning commission may request additional information and data as it may deem appropriate.

(Code 2002, § 220-105)

For uses making reference to this section, all applications for special approval, special land use or otherwise required by PA 110 of 2006, notice of public hearing before the planning commission or the City Council shall be given as follows:

(1)

One notice of the public hearing shall be published in a newspaper of general circulation in the city not less than 15 days before the hearing.

(2)

One notice of the public hearing shall be sent by first-class mail, postage prepaid, or by personal delivery to all persons to whom real property is assessed within 300 feet of the boundary of the property in question and to the occupants of all structures within 300 feet of the boundary of such property, regardless of whether the property or occupant is located within the city. Notice shall be given not less than 15 days before the hearing. If the name of the occupant is not known, the term "occupant" may be used in making notification.

(3)

Said notice shall describe the nature of the request that is the subject of the hearing, describe the property that is the subject of the request and include a listing of all existing street addresses within the property. The notice shall also state when and where the request will be considered and when and where written comments will be received concerning the request.

(4)

The City Council may hold a public hearing on a proposed ordinance provision if it considers it necessary or if it receives a request from a property owner addressed to the clerk, which request is received prior to City Council action. Notice of a hearing before the City Council shall be given as set forth above.

(Code 2002, § 220-107; Ord. No. 571, § 1(220-107), 8-13-2018)

Any building or structure which is erected, altered or converted, or any use of premises of land which is begun or changed subsequent to the time of passage of this chapter and in violation of any of the provisions thereof is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.

(Code 2002, § 220-108)

(a)

The owner of any building, structure, or premises or part thereof, where any condition in violation of this chapter shall exist or shall be created, and who has assisted knowingly in the commission of such violation shall be responsible for a separate infraction and upon a finding of responsibility therefor shall be liable for the fine as herein provided. The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.

(b)

Any person, firm, or corporation violating any of the provisions of this chapter shall be responsible for a municipal civil infraction, shall be subject to a fine for each infraction as established by the City Council, along with the costs for prosecution. The imposition of any penalty shall not exempt the offender from compliance with the requirements of this chapter.

(Code 2002, § 220-109)

In the interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience, or general welfare. It is not intended by this chapter to repeal, abrogate, annul, or in any way to impair or interfere with any existing provision of law or ordinance other than the above-described chapter, or with any rules, regulations, or permits previously adopted or issued or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises, provided, however, that where this chapter imposes a greater restriction than is required by existing ordinance or by rules, regulations, or permits, the provisions of this chapter shall control.

(Code 2002, § 220-110)

Fees for inspections and the issuance of permits or certificates or copies thereof required or issued under the provisions of this chapter shall be collected by the City Clerk in advance of the issuance of such permits or certificates. The amount of such fees shall be established by the City Council, and shall cover the cost of inspection and supervision resulting from the enforcement of this chapter.

(Code 2002, § 220-111)

The planning commission or City Council or zoning board of appeals is empowered to require a financial guarantee from the applicant in order to ensure completion of improvements and compliance with the zoning ordinance, and any conditions imposed under the zoning ordinance, in the form of a cash deposit, certified check, irrevocable letter of credit or surety bond acceptable to the City Attorney. Said performance guarantee shall not be required until the city is prepared to issue the required permits, and portions of the deposit may be released to the applicant as the improvements or work progress.

(Code 2002, § 220-112; Amended 2-26-2007 by Ord. No. 516; Ord. No. 571, § 1(220-112), 8-13-2018)