The City Manager, or their duly authorized representative as specified in this article, is hereby charged with the duty of enforcing the provisions of the zoning appendix. Administrative responsibilities are vested in the following City entities and further detailed below.

A)

City Council;

B)

Planning Commission;

C)

Zoning Board of Appeals;

D)

Director of Public Services, and any person designated by the Director of Public Services.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

A)

City Council. The City Council shall have the following responsibilities and authority in addition to any other responsibilities outlined in this article.

1)

Adoption of zoning appendix and amendments. In accordance with the intent and purposes of this appendix, and pursuant to the authority conferred by the Michigan Zoning Enabling Act, PA 110 of 2006 (as amended), the City Council shall have the authority to adopt this appendix, as well as amendments previously considered by the City Council at a hearing or as decreed by a court of competent jurisdiction.

2)

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 appendix. In the absence of specific action taken by the City Council to set a fee for a specific permit or application, the appropriate City administrative official shall assess the fee based on the estimated costs of processing and reviewing the permit or application.

3)

Approval of Planning Commission members. In accordance with the Michigan Planning Enabling Act, Michigan Public Act 33 of 2008, as amended, members of the Planning Commission shall be appointed by the mayor with the approval of the City Council.

4)

Final approval. Where specified in this appendix, the City Council shall serve as the final approval authority for planned unit developments and other development approvals as cited in this appendix.

B)

Planning commission. The Planning Commission is designated as the commission specified in Public Act No. 33 of 2008, as amended, and is further designated as the succeeding body of the Zoning Commission specified in Public Act 110 of 2006, as amended, and shall perform the duties of said Commission as provided in the statute.

C)

Zoning Board of Appeals. The Zoning Board of Appeals (hereinafter referred to as "ZBA") is created pursuant to Article VI of the Michigan Zoning Enabling Act, PA 110 of 2006 (as amended). The ZBA's membership, organization and duties are established as cited in Article 14, Zoning Board of Appeals.

D)

Director of Public Services. The Director of Public Services shall have the following duties and responsibilities as outlined below and as cited in this appendix. The Director of Public Services may designate another individual to be the person responsible for enforcing and enacting certain tasks and responsibilities. When the Director of Public Services is cited in this appendix for a certain task or responsibility, the person so designated by the Director of Public Services with said task or responsibility shall be deemed to be equivalent to the Director of Public Services.

1)

The Department of Public Services may grant occupancy permits or zoning compliance permits for each new use upon recommendation of the Director of Public Services.

2)

The Director of Public Services may make inspections of building or premises necessary to carry out his or her duties in the enforcement of this article.

3)

The Department of Public Services shall record all non-conforming uses existing on the effective date of the appendix.

4)

Under no circumstances is the Department of Public Services or Director of Public Services permitted to make changes to this article in carrying out their duties.

5)

The Director of Public Services shall not refuse to issue a permit when conditions imposed by this article are complied with by the applicant.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

A)

Penalties and remedies.

1)

Whoever violates or fails to comply with any of the provisions of this appendix, or any permit, license or exception granted hereunder, or any lawful order of the Department of Public Services, Director of Public Services, Zoning Board of Appeals or City Council issued pursuant to this article shall be subject to a penalty as established.

2)

The owner of any building, structure or premises or part thereof which is in violation of this article, who has assisted knowingly in the commission of such violation, shall be guilty of a separate offense and upon conviction thereof shall be subject to the fines and penalties herein provided.

3)

A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

4)

The rights and remedies provided herein are cumulative and in addition to any other rights and remedies provided by law.

B)

Enforcement. This article shall be administered and enforced by the Director of Public Services or his or her designee unless otherwise directed by City Council. In the temporary absence of the Director of Public Services or his or her designee, the City Manager may designate a person to temporarily serve in this capacity.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

A)

No building permit shall be issued for the erection, alteration or use of any building or structure or part thereof or for the use of any land which is not in accordance with this appendix.

B)

No vacant land and no existing use of land shall be changed to a different use group or type, unless a certificate of compliance and/or zoning compliance permit is first obtained for the new or different use.

C)

No building or structure, or part thereof, shall be changed to or occupied by a use of a different use group or type unless a certificate of compliance and/or zoning compliance permit is first obtained for the new or different use.

D)

No building or structure, or part thereof, shall be erected, altered, moved or repaired unless a building permit has first been issued. The terms "altered" and "repaired" include any changes in structural parts, stairways, type of construction, type, class or kind of occupancy, light or ventilation, means of egress and ingress or other changes affecting or regulated by the city, except for minor repairs or changes as determined by the Director of Public Services.

E)

A non-residential building or tenant space shall not be occupied with a new use, whether the use is the same type of use that previously occupied the building or tenant space or a different use, until the building or tenant space has been inspected by the Director of Public Services or his or her designee and the fire marshal, and a new occupancy permit has been granted.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

To assure a legal replacement use, existing buildings or structures shall not be demolished in any zoning district unless the request satisfies one of the following:

A)

Site plan and reuse of a lot. When a site plan for the redevelopment of a property in any zoning district has been approved pursuant to Article 9, Site Plan Review. Any additional required zoning approval shall be obtained prior to demolition approval.

B)

Building or housing code. When the demolition in any zoning district has been authorized by Chapter 7 of the City Code or required by a court or governmental agency or official of competent jurisdiction.

Obtaining a building, demolition, or other permit does not ensure compliance with this provision.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

A)

Purpose. This section allows for the establishment of certain temporary uses of limited duration, provided that such uses do not negatively affect adjacent properties or municipal facilities, and provided that such uses are discontinued upon the expiration of a set time period. The construction or alteration of any permanent building or structure is not considered a temporary use.

The Director of Public Services may permit uses and the occupancy of structures that are consistent with the uses otherwise permitted in a zoning district, but which are temporary and do not require the construction of any capital improvement of a structural nature. In no case shall a use not otherwise allowable in a zoning district be permitted on a temporary basis.

B)

Duration. See Section 3.14, Temporary uses, for the list of permitted temporary uses and the time limits within which they may operate.

C)

Outdoor sales. Outdoor sales areas, except as otherwise provided in this appendix, are expressly prohibited. However, temporary outdoor sales may be approved by the Director of Public Services after obtaining a permit. Time limits for outdoor sales are described in Section 3.14, Temporary uses.

D)

Approval standards. The Director of Public Services, in granting permits for temporary uses, including temporary outdoor sales, and for the temporary occupancy of structures shall do so under the following conditions:

1)

Licensed commercial uses. Temporary commercial uses conducted by persons or entities lawfully authorized to conduct the use in question, when contained within temporary structures, but not including temporary sales as provided for in this section are allowed only for the time period specified in subsection (B) above.

a)

All such users shall obtain a business license from the city clerk's office.

b)

A mobile vending food truck requires a license from the county health department as well as a business license from the city clerk.

2)

Required permits. All temporary uses shall obtain any permits required by other municipal departments, such as the clerk's office, the health department, the building safety department, or the police department.

3)

The granting of the temporary use shall be granted in writing stipulating all conditions as to time, nature of activities permitted and arrangements for removing the use and associated structures at the termination of such temporary permit.

4)

All setbacks, land coverage ratios, off-street parking requirements, lighting regulations, and other requirements of the City Code shall be considered so as to protect the public health, safety, peace, morals, comfort, convenience and general welfare of the inhabitants of the city.

5)

In classifying uses as not requiring capital improvement, the Director of Public Services shall determine that they are either demountable structures related to the permitted use of the land, or structures which do not require foundations, heating systems or sanitary connections.

6)

The use shall be in harmony with the existing general character of the district.

7)

No temporary structure shall be used for residential purposes and temporary residential use of any property is not allowed.

8)

Upon compliance with the requirements of this section and any other ordinances of the city that may be applicable being demonstrated to the satisfaction of the Director of Public Services, the Department of Public Services shall issue to the applicant a temporary use permit.

E)

Application process. A written application on a form provided by the city for a temporary use permit required by this section shall be signed by the applicant and the legal owner of the property and shall be filed with the Department of Public Services. The application shall be submitted at least ten days before the first date of the proposed. A fee established by resolution of the City Council shall be paid at the time the application is filed.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

The body charged with conducting a public hearing required by this appendix shall, upon receipt of a completed application, select a reasonable time and place for such hearing. Such hearings shall be subject to the procedures set forth in the Michigan Zoning Enabling Act, PA 110 of 2006 (MCL 125.3103 et seq.), as amended.

The public hearing procedures of PA 110 in effect at the date of adoption are summarized as follows. Any further amendments to PA 110 that alter the public hearing procedure requirements following the date of adoption of this zoning appendix will supersede the following procedures.

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 the 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, regardless of municipal jurisdiction.

3)

Notice shall be given to the occupants of all structures within 300 feet of the property regardless of municipal jurisdiction. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area leased by different persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance(s) to the structure.

4)

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 given when personally delivered or when deposited during normal business hours for delivery with the US postal service or other public or private delivery service. If the name of the occupant is not known, the term "occupant" may be used for the intended recipient of the notice.

5)

The City shall prepare a list of property owners and occupants to whom the notice was mailed.

C)

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

1)

Describe the nature of the request.

2)

Indicate the property that is the subject of the request.

3)

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.

4)

When and where the public hearing will occur.

5)

When and where written comments may be submitted concerning the request.

6)

For amendment to the zoning appendix or map, a notice shall also include the places and times at which the proposed text or amendment to the official zoning appendix or map may be examined.

D)

Public hearing procedures for zoning appendix amendments. Notice must be given for public hearings for zoning appendix amendments, including both text and map amendments. Notice of the time and place of the public hearing shall also be given by mail to any of the following entities that have registered their name with the City Clerk for the purposes of receiving public notice: any electric, gas, or pipeline public utility company; each telecommunication service provider; each railroad operating within the district or zone affected; and the airport manager of each airport.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

Fees for inspections, permits, certificates or copies thereof required or issued under this appendix must be collected by the Department of Public Services in advance of issuance. The amount of such fees is established by resolution of the City Council and covers the enforcement costs of this article.

In addition, prior to the issuance of a building permit, the applicant shall file with the Department of Public Services a performance guarantee in the form of cash deposit or certified check. The amount of such guarantee is determined by the Director of Public Services and must cover all improvements (up to 150 percent) not normally covered in the building permit, e.g., berms, walls, landscaping, lighting, surfacing of drives, parking service drives, traffic control devices within the jurisdiction of the city, reclamation, etc. The guarantee shall include a schedule of costs assigned to the different improvements. Moneys may be released to the applicant in proportion to work completed on the different elements after inspection of work and the approval of the Department of Public Services. No partial release of funds can exceed 90 percent of the guarantee. At least ten percent must be retained by the city until all work has been completed and subsequently inspected and approved by the Department of Public Services.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

Any building or structure which is erected, altered or converted, or any use of premises or land which is begun or changed, subsequent to the passage of this article and which is 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.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)

In certain rare instances it may be in the best interest of the city, its residents and property owners to establish a temporary ban on development as it may either protect the public at large by providing for proper regulation of a use or it may provide a lesser risk that individual landowners will be singled out to bear a special burden that should be shared by the public as a whole. Such instances might be where there is a use proposed which has not been regulated previously, a use which has been overdeveloped, an issue with the critical infrastructure necessary to develop certain uses or other justifiable criteria which advance a legitimate public interest.

A)

Approval standards. With that purpose in mind, upon making certain findings, the City Council is authorized to establish and implement moratoria. A moratorium shall only be established by the City Council when a determination is made that such action:

1)

Is necessary to protect the public health, safety and welfare of the community.

2)

Advances a legitimate public interest.

3)

Represents diligence and good faith.

4)

Is being applied uniformly and fairly.

5)

Will not deprive a property owner of all reasonable use for an unreasonable time in light of the issues at hand.

6)

Is supported by findings of fact set forth in the public record.

B)

Time period. A moratorium shall be set for the smallest period of time necessary to address the matter and in any event shall not be set for a period of more than six months initially. If supported by subsequent finding of facts and a showing of due diligence and not delay, additional extensions of the moratorium may be provided for by the City Council. Any such moratoria shall be established by adoption of an ordinance or an amendment thereto.

(Ord. No. 244 meeting, § 3(Exh. A), 12-9-2024)