Harrison City Zoning Code

This article is to clearly state all of the responsible entities in the administration of the Zoning Ordinance and detail enforcement duties and responsibilities.

A

Zoning Administrator. A Zoning Administrator shall be appointed by and on such terms as determined by the City Council. The Zoning Administrator is hereby designated as the authorized City official to issue municipal civil infraction citations directing alleged violators of this Ordinance to appear in court.

1.

It shall be the duty of the Zoning Administrator to receive and process applications for land use permits and issue or deny same; to inspect buildings or structures in order to determine compliance with the land use permits issued in compliance with this Ordinance, and to be in charge of the enforcement of this Ordinance.

2.

The Zoning Administrator shall have the authority to conduct periodic inspections to ensure Ordinance compliance, and the City Council may instruct the Zoning Administrator to make efforts to obtain voluntary compliance with this Ordinance. The City Council may instruct the Zoning Administrator in writing, to initiate a civil complaint or other legal action.

3.

The Zoning Administrator shall endeavor to record all nonconforming uses in existence at the effective date of this Ordinance so that their operation may be recorded and changes to the nonconformities monitored.

4.

The Zoning Administrator shall have the authority and duty to enforce any Site Plan Review approval or Special Use conditions that may be issued by the Planning Commission or the Zoning Board of Appeals.

5.

The Zoning Administrator shall not be responsible for any land use controls that are applied by third parties through covenants, private agreements, or other legal means.

6.

The Zoning Administrator shall prepare and submit to the Planning Commission a written record all zoning permits issued during the previous month. The record shall state the owner's name, property location, intended use, and estimated cost of construction for each permit.

7.

The Zoning Administrator shall ensure that written records are maintained regarding all his/her actions related to the enforcement of this Ordinance.

B.

Planning Commission:

1.

Per the Michigan Planning Enabling Act, PA 33 of 2008, as amended, the Planning Commission shall draft and approval a master plan as a guide for land use decisions within the City of Harrison and serves as a foundation for this Ordinance.

2.

The Harrison Planning Commission is hereby designated as the Commission specified in Section 301 of Michigan Zoning Enabling Act and shall perform the duties of said Commission as provided in the statute in connection with the amendment of this Ordinance.

3.

The Planning Commission shall review site plan applications submitted under Article 9 of this Ordinance and deemed to meet the submission requirements found there. After consideration, it shall deny, approve, or conditionally approve the site plan as presented or modified during the Commission review.

4.

The Planning Commission shall review all special land use zoning permit applications submitted under [Article 9] of this Ordinance and deemed to meet the submission requirements found in Section 4.2. Prior to deliberation upon the application, the Planning Commission shall hold a public hearing that complies with requirements found in Section 11.5. The action to deny, approve, or conditionally approve the special land use shall meet the approval standards found in Section 4.3, include statements of findings regarding the request, and that the proposed land use shall comply with the specific requirements delineated in Section 4.4.

5.

Zoning Text and Zoning Map Amendments: Per Section 12.2 and 12.3, the Planning Commission may initiate map or text amendments to this Ordinance by its own motion or respond to a petition of one or more property owners. The Planning Commission shall follow the procedures described in Section 12.3.

6.

The Planning Commission may classify a use that is not specifically listed as part of the use regulations of any Zoning District found in the Table of Uses in Section 3.10. It shall record its determination of use similarity and that it conforms to a comparable permitted or prohibited use, in accordance with the purpose and intent of each District.

C.

Zoning Board of Appeals: The roles and responsibilities of the Zoning Board of Appeals are specifically described in Article 10.

D.

Legislative Body:

1.

The City Council shall consider recommendations from the Planning Commission regarding Zoning Ordinance text amendments and rezonings (map amendments).

2.

The City Council shall consider the hiring of City staff and consultants necessary to assist in the implementation of this Ordinance, including the Zoning Administrator and the Code Enforcement Officer.

3.

The City Council shall appoint individuals to serve on the Planning Commission and Zoning Board of Appeals, if appropriate.

E.

City Clerk:

1.

The Clerk shall retain a copy of all approved site plans.

2.

The Clerk shall assist in the preparation and distribution of all Public Hearing notices.

3.

The Clerk shall ensure that the records of the Planning Commission and Zoning Board of Appeals are maintained per statutory requirements.

F.

Treasurer: The Treasurer shall enable the collection of all fees required through the application of this Ordinance.

11.3.1

General. No person shall erect or move a structure to the extent of more than one hundred square feet of floor area or to establish a new use or change in use for any parcel, without a land use permit. The Zoning Administrator shall issue a land use permit if the proposed structure or use is in compliance with the provisions of this Ordinance. The applicant shall furnish permits or approvals from the Clare County Health Department, the Clare County Road Commission, and the Michigan Department of Natural Resources, if required, before the Zoning Administrator may issue a permit. A copy of each land use permit will be retained by the Zoning Administrator as a part of the permanent records of the City. The Zoning Administrator shall promptly inform the applicant of the denial of a land use permit if the proposed structure or use does not comply with the provisions of this Ordinance.

11.3.2

Evidence of Ownership. All applications for land use permits under the provisions of this Ordinance shall include the land owner's signature authorizing the application for the permit and be accompanied with proof of ownership of all property affected by the coverage of the permit. Proof of ownership shall be established by one of the following means:

a.

Current title policy, or commitment, abstract or attorney's opinion of title;

b.

For properties in Residential Districts, a certification of ownership by the owner or his agent, shall be deemed sufficient or such other evidence of ownership as the Zoning Administrator determines acceptable.

11.3.3

Property Boundaries. In cases where property boundaries are not clearly indicated by corner markers or other means, the Zoning Administrator may require, at the applicant's expense, the property to be located by a registered surveyor. In cases on properties located along a stream or shoreline, if there is any question of the location of the "high water mark", the Zoning Administrator may also require this level to be set and marked by a registered surveyor.

11.3.4

Supporting Documentation. In the event the Zoning Administrator feels additional information is required before determining the suitability of an application for a land use permit, the Zoning Administrator may request that the applicant submit such additional information as surveys, deed descriptions, soil suitability tests, surface water disposal surveys, erosion control surveys, excavation disposal plans, easements, and permits from other governmental agencies.

11.3.5

Voiding Permit. Any permit, variance, special use permit or permission granted under this Ordinance shall become null and void after one year from the date of granting, unless the proposed development or use shall have passed its first Clare County Construction Code inspection. Before a permit, permission, variance or special use becomes void, the Zoning Administrator shall notify the applicant that the permit, permission, variance or special use will become void by sending a notice by regular mail to the applicant on the address indicated on the permit application. The applicant shall have the option of extending the permit by a maximum of six months upon the written notice to the Zoning Administrator. Said notice shall be filed no later than five working days following expiration of the permit.

11.3.6

Inspection. The developer of the property is solely responsible for meeting the conditions and terms of the land use permit and this Ordinance.

11.3.7

Proceeding without a Permit. If work is completed without or prior to issuance of a land use permit, a fine at an amount, as periodically determined by the City Council, shall be levied against the violator. A certification of occupancy may not be issued until compliance with all application zoning regulations is achieved.

The fees for applications, permits and other requests shall be established by the City Council. Fees must be paid before and required Zoning Ordinance required review activities will be initiated by the City.

a.

Hearing Notice Content: Unless otherwise required by State Law or this Ordinance where applicable, all mail, personal and newspaper notices for public hearings shall accomplish all of the following:

1.

Describe the nature of the request including whether the request is for a text amendment, zoning map amendment (rezoning), special land use, variance, appeal, ordinance interpretation or other purpose.

2.

Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the subject property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used such as a tax parcel identification number. No street addresses may be listed when eleven (11) or more adjacent properties are proposed for rezoning, or when the request does not involve a specific property.

3.

Indicate the date, time and place of the hearing(s).

4.

Indicate when and where written comments will be received concerning the request.

b.

Recipients and Means of Notice: Unless otherwise required by or this Ordinance where applicable, notice shall be provided to the following and shall include the information specified in (a) above.

1.

To the general public, by publication of the hearing notice in the newspaper of general circulation in the City of Harrison.

2.

To the owners of property for which approval is being considered, and the applicant if the applicant is different than the property owner, by mail or personal delivery.

3.

To all person to whom real property is assessed within 300 feet of the boundary of the project subject to the request, and to the occupants of all structures within 300 feet of the property, regardless of whether the property or occupant is located in the municipality in which the property subject to the application is located, by mail or personal delivery. If the name of the occupant is not known, the term "occupant" may be used in making notification.

a)

Subsection (3) above shall not apply in the case of rezoning requests involving eleven (11) or more adjacent properties, or an ordinance interpretation request that does not involve a specific property.

b)

If a single structure contains more than four (4) dwelling units or other distinct spatial areas owned or leased by different persons, a single notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure.

4.

In the case of a text amendment or zoning map amendment, to each electric, gas and pipeline public utility company, each telecommunication service provider, each railroad operating within the district or zone affected and the airport manager of each airport, that registers its name and mailing address with the clerk of Harrison in which the property is located that is subject to the public hearing, for the purpose of receiving notices of public hearings, by mail.

c.

Timing of Notice and Determination of Notice Given: Unless otherwise required by or this Ordinance where applicable, all mail, personal and newspaper notices for public hearings shall be given not less than fifteen (15) days before the date the request will be considered, including applications for zoning map amendments (rezonings), text amendments, special land uses, variance, appeals and ordinance interpretations. The notice under subsection (b) shall be considered to be given when personally delivered or when deposited during normal business hours for delivery with the United States postal service or other public or private delivery service.

d.

Confirmation of Notices Made by Mail or Personal Delivery: The Zoning Administrator shall prepare a list of property owners and registrants, that are subject to the Public Hearing notice and maintain date of mailing.

a.

The Planning Commission and Zoning Board of Appeals may impose conditions or limitations in granting approval as may be permitted by State law and this Ordinance which it deems necessary to fulfill the spirit and purpose of this Ordinance.

b.

The conditions may include, conditions necessary to insure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural resources and energy, to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall do all the following:

1.

Be designed to protect natural resources, the health, safety, and welfare, as well as the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

2.

Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity.

3.

Be necessary to meet the intent and purpose of the zoning regulations; be related to the standards established in this Ordinance; and be necessary to insure compliance with those standards.

c.

The conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the approving authority and the landowner. The Planning Commission shall maintain a record of changes granted to its conditions.

d.

Alterations to any granted conditions must follow the same procedure required when they were first created.

a.

To insure compliance with the provisions of this Ordinance, the Planning Commission may require that a performance guarantee be deposited with the City to insure faithful completion of the improvements, in accordance with Section 505 of the Michigan Zoning Enabling Act.

b.

Improvements for which the City may require a performance guarantee including, but are not limited to, accessory structures, landscaping, berms, wall, lighting, driveways and parking, streets, acceleration/deceleration lanes, traffic control devices, storm drainage, sidewalks, exterior lighting and utilities and land reclamation activities. The performance guarantee shall not cover the principal building(s).

c.

A schedule for such security shall be established by resolution of the City Council upon the recommendation of the Planning Commission, and the guarantee shall be administrated by the Treasurer and Clerk.

d.

The amount of the performance guarantee shall be sufficient to cover the estimated cost of the improvements for which the performance guarantee is required. The applicant shall provide an itemized schedule of estimated costs to complete all such improvements to be covered by the guarantee, and such estimate shall be verified by the Building Official and/or Zoning Administrator.

e.

The City Manager shall determine the means of releasing portions of the deposit in proportion to the amount of work completed on the covered improvements. All required inspections for improvements for which the guarantee is held shall have been completed before any release shall be made.

f.

In the event that the applicant shall fail to provide improvements according to the approved final site plan, the City Manager, Zoning Administrator, or City Council shall have the authority to have such work completed, and to reimburse itself for costs of such work by appropriating funds from the deposited security, or may required performance by the bonding company.

A.

Process: The violation and enforcement process shall adhere to following procedures:

1.

Identification of the violation by either citizen complaint, Zoning or Code Enforcemetn officer, observation, or other means.

2.

Inspection of the violation shall be conducted by an authorized representative of the City.

3.

If a violation is verified, the appropriate City staff shall make a reasonable effort to discuss the violation with the property owner, business owner, or tenant and agree to a time period to cure the violation.

4.

If the violation is not cured within the agreed time frame or a verbal agreement cannot be made, a formal violation shall be sent to the responsible party, formally notifying them of the violation.

5.

If the violation is remedies, it shall be noted in the City property records. If compliance is not provided, legal action as deemed appropriate by the City shall be taken.

B.

Enforcemetn and Penalty: Any person who shall violate any provision of this Ordinance, or who fails to comply with any of the regulatory measures or conditions of the Board of Appeals adopted pursuant hereto, shall, upon conviction thereof, be fined not to exceed $500 or may be imprisoned not to exceed 90 days, or may be both fined and imprisoned in the discretion of the Court, and each day such violation continues shall be deemed a separate offense.

C.

Municipal Civil Infraction: Any person, partnership, corporation, or association who creates or maintains a nuisance per se as defined above or who violates or fails to comply with any provision of this Ordinance or any permit issued pursuant to this Ordinance shall be responsible for a municipal civil infraction. Every day that such violation continues shall constitute a separate and distinct offense under the provisions of this Ordinance. Issuance of civil infractions does not preclude the City from writing misdemeanor citations during enforcement proceedings.

D.

Nuisance Abatement: In addition to enforcing this Ordinance as a municipal civil infraction the City may initiate proceedings in the Circuit Court to abate or eliminate the nuisance per se or any other violation of this Ordinance.

Any land, dwellings, buildings or structures; including tents, used, erected, altered razed or converted in violation of this Ordinance or in violation of any regulations, conditions, permits or other rights granted; adopted or issued pursuant to this ordinance are hereby declared to be a nuisance per se.