The provisions of this chapter shall be administered and enforced by the building inspector, or by such other person delegated by the city council to enforce the provisions of this chapter.

(Code 1979, § 17.58.010)

(a)

The zoning administrator shall have the following powers and authority:

(1)

To make such inspections of buildings or premises as are necessary to carry out his or her duties in the enforcement of this section.

(2)

To approve plans, issue zoning compliance permits and certificates of occupancy that, in fact, conform to all applicable provisions of chapter 36 of Hillsdale's Code of Ordinances; provided, however, that no plans may be approved nor any zoning compliance permits or certificates of occupancy granted until the zoning administrator has inspected the plans in detail and, if necessary, the buildings, excavations, and premises to which the plans pertain and determined them in writing to conform to all applicable provisions of said chapter 36.

(3)

Notwithstanding anything contained herein to the contrary, the zoning administrator shall have no authority or discretion to amend, modify, vary, omit, or change any applicable provisions of chapter 36 of Hillsdale's Code of Ordinances in approving or rejecting any plan or in granting or denying the issuance of any zoning compliance permit or certificate of occupancy.

(4)

If the zoning administrator shall find that any of the provisions of chapter 36 of Hillsdale's Code of Ordinances are being violated, he or she shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The zoning administrator shall order discontinuance of illegal use of any lot or structures; removal of illegal structures, or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; and shall take any other action authorized by said chapter 36 to ensure compliance with or to prevent violation of its provisions.

(b)

The zoning administrator shall submit monthly reports to the planning commission fully explaining the type and nature of uses permitted by right; the nature and extent of violations of chapter 36 of Hillsdale's Code of Ordinances; and the type and nature of nonconforming uses, buildings, and structures. The zoning administrator shall maintain a record of all applications for and decisions regarding approval or disapproval of proposed plans and the granting and/or denial of zoning compliance permits and certificates of occupancy.

(c)

In the event the building inspector is absent and unavailable or the position of building inspector is vacant, the zoning administrator shall perform those duties the building inspector would otherwise perform that do not require a state license. Such duties shall be performed in accordance with Hillsdale's Code of Ordinances and the standards set forth in the State of Michigan Single State Construction Code.

(Ord. No. 2014-1, 7-21-2014)

Editor's note— Ord. No. 2014-1, § 1, adopted July 7, 2014, in effect repealed the former § 36-32, and enacted a new § 36-32 as set out herein. The former § 36-32 pertained to duties of building inspector and derived from the Code of 1979, § 17.58.020.

(a)

Agency designated. Pursuant to the provisions of the state construction code, in accordance with Section 8b (6) of Act 230, of the Public Acts of 1972, as amended, the building official of the County of Hillsdale is hereby designated as the enforcing agency to discharge the responsibility of the City of Hillsdale under Act 230, of the Public Acts of 1972, as amended, State of Michigan; said County having agreed to assume and discharge the responsibility for the administration and enforcement of said Act throughout the City of Hillsdale's corporate limits.

(b)

Code Appendix enforced. Pursuant to the provisions of the state construction code, in accordance with Section 8b(6) of Act 230, of the Public Acts of 1972, as amended, the County of Hillsdale, as the enforcing agency, shall enforce Appendix G of the Michigan Building Code within the City of Hillsdale.

(c)

Designation of regulated flood prone hazard areas. The Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) Entitled "Hillsdale County, Michigan (All Jurisdictions) and dated 2/19/2014 and the Flood Insurance Rate Map(s) (FIRMS) panel number(s) of 26059C; 0158D, 0159D, 0167D, 0178D 0186D, 0188D, and 0189D dated 2/19/2014 are adopted by reference for the purposes of administration of the Michigan Construction Code, and declared to be a part of Section 1612.3 of the Michigan Building Code, and to provide the content of the "Flood Hazards" section of Table R301.2(1) of the Michigan Residential Code.

(Ord. No. 2013-6, §§ 1—3, 12-16-2013)

Editor's note— Ord. No. 2013-6, §§ 1—3, adopted December 16, 2013, in effect repealed the former § 36-33, and enacted a new § 36-33 as set out herein. The former § 36-33 pertained to floodplain management administrative duties and derived from the Code of 1979, § 17.58.025.

(a)

Zoning compliance permits.

(1)

Requirements: No building or structure, or part thereof, shall hereafter be located, erected, constructed, reconstructed, converted, enlarged or moved; nor shall any change be made in the use of any building, structure, or land without a zoning compliance permit having been obtained from the zoning administrator for such building, structure, or land.

(2)

Application for permit: A zoning compliance application shall be filled out and submitted to the zoning administrator. The zoning administrator shall require that all applications for zoning compliance permits shall be accompanied by plans and information hereinafter required, as applicable.

(3)

Residential zoning compliance permit (meaning a zoning compliance permit for any structure used for the purpose of single family residential housing or its accessory structure). The following are required:

a.

Site plan or plot plan drawn to scale to include; and,

b.

Legal survey, legal property description, deed restrictions, or parcel number; and,

c.

The actual dimensions and shape of the lot to be built upon; and,

d.

The exact size and location of existing structures on the lot, if any; and,

e.

The location and dimensions of the proposed structure or alteration; and,

f.

Two copies shall be submitted with the completed application.

(4)

Commercial zoning compliance permit (meaning a zoning compliance permit for any structure used for the conducting of a commercial business, office, industrial use or a residential structure comprised of four or more dwelling units). The following are required:

a.

Preliminary review: A preliminary review shall be scheduled and held a minimum of 30 days prior to the final review at the planning commission regular meeting with the owner, architect or engineer, zoning administrator, building inspector, and city department directors.

b.

Final review: A final review shall be based on a review of the following, which shall be submitted not less than 15 days prior to the planning commission's regular meeting date at which the application is to be considered:

1.

Plans and specifications, signed and sealed by a professional engineer or architect.

2.

Site plan, drawn to scale, showing the information required on the commercial site plan application.

3.

Two full size copies plus ten half-size copies plus one electronic copy of plans and specifications shall be submitted with the completed application.

(5)

Application review:

a.

Residential: One copy of the plans shall be returned to the applicant by the zoning administrator after such copy has been approved or disapproved, and attested to same by the zoning administrator's signature on such copy. The zoning administrator shall retain the original copy, similarly marked, for his files. Whenever the buildings, structures, and uses as set forth in the application are in conformity with the provisions of this section, the zoning administrator shall issue the applicant a zoning compliance permit within ten business days of receipt of a completed application. Where action of the board of appeals or the planning commission is required in any case, as set forth in this section, the zoning administrator shall issue such permit within ten business days following such action.

b.

Commercial: Upon receipt of the completed application with plans and specifications, the zoning administrator will conduct a preliminary review with the applicable city department directors. The zoning administrator will deliver his assessment of the project to the planning commission prior to the regular meeting date. Whenever the buildings, structures, and uses as set forth in the application are in conformity with the provisions of this section, the planning commission shall approve the applicant for a zoning compliance permit. Upon approval by the planning commission, the zoning administrator shall issue a permit within ten business days of the planning commission approval thereof. The zoning administrator shall return one copy of the approved plans to the applicant with the permit. The remaining set will be kept as record by the assessing department at city hall. Where action of the board of appeals or the planning commission is required in any case, as set forth in this section, the zoning administrator shall issue such permit within ten business days following such action.

(6)

Appeal process: If an application for zoning compliance permit is denied, the zoning administrator must notify the owner within ten business days. The written notice must list the reasons for denial of the permit application. The owner may appeal the decision to the zoning board of appeals (section 36-84).

(7)

Voiding of zoning compliance permit: Any zoning compliance permit granted under this section shall become null and void and fees forfeited unless construction and/or use completed within 365 days of the date of issuance. A zoning compliance permit shall be renewable upon reapplication and upon payment of the fee, subject however, to the provisions of all ordinances in effect at the time of renewal.

(b)

The building inspector shall require that all applications for building permits shall be accompanied by plans and specifications, including a plot plan, in triplicate, drawn to scale, showing the following.

(1)

The actual shape, location and dimensions of the lot drawn to scale;

(2)

The shape, size and location of all buildings or other structures to be erected, altered, or moved and of any building or other structures already on the lot;

(3)

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

(4)

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 1979, § 17.58.030; Ord. No. 2014-2, 7-21-2014)

In addition to the information required with an application for a zoning compliance permit, special use permit or any other type of development permission required under this chapter the following information shall be submitted as a part of an application for permission to commence any type of development within a flood hazard area zone:

(1)

The elevation in relation to mean sea level of the floor, including basement, of all structures;

(2)

Where floodproofing will be employed, the elevation in relation to mean sea level to which a structure will be floodproofed;

(3)

Where floodproofing will be employed, a certificate from a registered professional engineer or architect that the floodproofing criteria of this chapter will be met;

(4)

Where it can be determined that development is proposed within zone AE on the FIRM or the regulatory floodway, a certification as required by this chapter;

(5)

A description of the extent to which any watercourse will be altered or relocated as a result of proposed development;

(6)

Proof of development permission from appropriate local, state and federal agencies as required by section 36-493(3), including a floodplain permit approval, or letter of authority from the state department of environmental quality under authority of part 31 of Public Act No. 451 of 1994 (MCL 324.3101 et seq.);

(7)

Base flood elevation data where the proposed development is subject to Public Act No. 288 of 1967 (MCL 560.101 et seq.), or greater than five acres in size; and

(8)

Additional information which may be reasonably necessary to determine compliance with the provisions of this chapter.

(Code 1979, § 17.58.035)

The following shall apply in the issuance of any permit:

(1)

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

(2)

Permits for new use of land. No land heretofore vacant shall hereafter be used or an existing use of land be hereafter changed to a use of a different class or type unless a certificate of occupancy is first obtained for the new or different use.

(3)

Permits for new use of building. No building, structure or part thereof shall be hereafter, or be occupied by, a use of a different class or type unless a building permit is first obtained for the new or different use.

(4)

Permits required. No building, structure or part thereof shall be hereafter erected, altered, moved, or repaired unless a building permit shall have been first issued for such work. "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 change affecting or regulated by the single state construction code, Housing Law of Michigan, or this chapter, except for minor repairs or changes not involving any of the aforesaid features.

(Code 1979, § 17.58.040)

(a)

No land, building, or part thereof shall be occupied by or for any use unless and until a certificate of occupancy shall have been issued for such new use. The following shall apply in the issuance of any certificate:

(1)

Certificates not to be issued. No certificates of occupancy pursuant to the single state construction code shall be issued for any building, structure or part thereof or for the use of any land which is not in accordance with all the provisions of this chapter.

(2)

Certificates required. No building or structure, or parts thereof, which is hereafter erected or altered shall be occupied or used or the same caused to be done, unless and until a certificate of occupancy shall have been issued for such building or structure.

(3)

Certificates including zoning. Certificates of occupancy as required by the single state construction code for new buildings, structures or parts thereof, or for alterations to or changes of use of existing buildings or structures, shall also constitute certificates of occupancy as required by this chapter.

(4)

Certificates for existing building. Certificates of occupancy shall be issued for existing buildings, structures or parts thereof, or existing uses of land, if after inspection it is found that such buildings, structures, or parts thereof, or such use of land, are in conformity with the provisions of this chapter. Certificates of occupancy may be issued for business buildings in O-1, B-1, B-2 and B-3 zones existing at the effective date of the ordinance codified in this chapter.

(5)

Temporary certificates. Nothing in this chapter shall prevent the issuance of a temporary certificate of occupancy for a portion of a building or structure in process of erection or alteration; provided that such temporary certificate shall not be effective for a period of time in excess of six months; and provided further that such portion of the building, structure, or premises is in conformity with the provisions of this chapter.

(6)

Records of certificates. A record of all certificates issued shall be kept on file in the office of the building inspector, and copies shall be furnished upon request to any person having proprietary or tenancy interest in the property involved.

(7)

Certificates for dwelling accessory buildings. Buildings accessory to dwellings shall not require separate certificates of occupancy but may be included in the certificate of occupancy for the dwelling, when shown on the plot plan, when completed at the same time as such dwellings.

(8)

Applications for certificates. Application for certificates of occupancy shall be made in writing to the building inspector on forms furnished by the city, and such certificates shall be issued within ten days after receipt of such application if it is found that the building, structure, or part thereof, or the use of land, is in accordance with the provisions of this chapter.

(b)

If such certificate is refused for cause, the applicant therefor shall be notified of such refusal and cause thereof within the ten-day period.

(Code 1979, § 17.58.050)

The holder of every building permit for the construction, erection, alteration, repair or moving of any building, structure, or part thereof shall notify the building inspector, immediately upon the completion of the work authorized by such permit, for a final inspection.

(Code 1979, § 17.58.060)

Fees for inspection and the issuance of permits or certificates or copies thereof, required or issued under the provisions of this chapter, may be collected by the building inspector in advance of issuance. The amount of such fees shall be established by resolution of the city council and shall cover the cost of inspection and the supervision resulting from enforcement of this chapter.

(Code 1979, § 17.58.070)

Unless otherwise provided, any person, or anyone acting on behalf of a person, violating any of the provisions of this chapter shall be guilty of a municipal civil infraction under article II of chapter 20 of this Code. The imposition of any sentence shall not exempt the offender from compliance with the requirements of this chapter. Any person violating any provision of this chapter shall be deemed to have committed a separate municipal civil infraction for each day the violation continues. Violations shall be subject to injunctive relief and the payment of the following civil fines, or both:

(1)

Fifty dollars plus costs, for the first violation.

(2)

One hundred dollars plus costs, for the first repeated offense.

(3)

Two hundred dollars plus costs for the second repeated offense and each subsequent offense.

(Code 1979, § 17.60.010; Ord. No. 2023-01, 1-23-2023)

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 time of passage of the ordinance codified in this chapter and in violation of any of the provisions thereof, is declared to be a public nuisance per se. The building inspector, the city council, and any person designated by the city council or any aggrieved person may institute a suit to have the nuisance abated.

(Code 1979, § 17.60.020)

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

(Code 1979, § 17.60.030)

Forbearance in enforcement of this chapter shall not be deemed condonation of any violation thereof.

(Code 1979, § 17.60.040)

A site plan shall be submitted to the planning commission for approval of:

(1)

Any use of development for which the submission of a site plan is required by any provision of this chapter;

(2)

Any development, except one-family residential, for which off-street parking areas are provided as required in article VIII, division 2, of this chapter;

(3)

Any use in an RM-1, O-1, B-1, B-2, B-3, I-1, I-2 or P-1 district lying contiguous to, or across a street from, a single-family residential district;

(4)

All residentially related uses permitted in one-family districts such as but not limited to churches, schools and public facilities.

(Code 1979, § 17.50.010)

Every site plan submitted to the planning commission shall contain such information and be in such form as the planning commission may prescribe in its rules. No site plan shall be approved until same has been reviewed by the chief of police, the city engineer, and/or city manager and the planner for compliance with the standards of the respective departments.

(Code 1979, § 17.50.020)

In the process of reviewing the site plan, the planning commission shall consider:

(1)

One-family residential development on the basis of a subdivision;

(2)

The location and design of driveways providing vehicular ingress to and egress from the site, in relation to streets giving access to the site, and in relation to pedestrian traffic;

(3)

The traffic circulation features within the site and location of automobile parking areas;

and may make such requirements with respect to any matters as will assure safety and convenience of both vehicular and pedestrian traffic both within the site and in relation to access streets, and satisfactory and harmonious relations between the development on the site and the existing and prospective development of contiguous land and adjacent neighborhoods.

(Code 1979, § 17.50.030)

The planning commission may further require landscaping, fences and walls in pursuance of these objectives, and same shall be provided and maintained as a condition of the establishment and the continued maintenance of any use to which they are appurtenant.

(Code 1979, § 17.50.040)

In those instances wherein the planning commission finds that an excessive number of ingress and/or egress points may occur with relation to major or secondary thoroughfares, thereby diminishing the carrying capacity of the thoroughfare, they may require marginal access drives as follows:

(1)

In approving the site plan, the planning commission may recommend marginal access drives. For a narrow frontage which will require a single outlet, the planning commission may recommend that money in escrow be placed with the city so as to provide for a marginal service drive equal in length to the frontage of the property involved. Occupancy permits shall not be issued until the improvement is physically provided or moneys have been deposited with the city clerk.

(2)

The planning commission shall require marginal access drives for all subdivisions having residential lots facing onto major thoroughfares. Where practical, the planning commission shall require side lot or rear lot relationships to major thoroughfares.

(Code 1979, § 17.50.050)

There is established a zoning board of appeals which shall perform its duties and exercise its powers as provided in section 5 of Public Act No. 207 of 1921 (MCL 125.585), and in such a way that the objectives of this chapter shall be observed, public safety secured and substantial justice done. The zoning board of appeals shall consist of seven members, all appointed by the city council. Each member of the zoning board of appeals shall hold office for a three-year term. Two members of the zoning board of appeals shall be appointed, one each from the membership of the city council and the planning commission. The councilmember so appointed shall not be a member of the planning commission. Each member of the zoning board of appeals shall have been a resident of the city for at least one year prior to the date of his appointment and shall be a qualified and registered elector of the city on such date and throughout his term of office. Appointed members may be removed for cause by the city council only after consideration of written charges and a public hearing. Any appointive vacancies in the zoning board of appeals shall be filled by the city council for the remainder of the unexpired term. The zoning board of appeals shall annually elect its own chair, vice-chair and secretary. The compensation of the appointed members of the zoning board of appeals shall be fixed by the city council.

(Code 1979, § 17.56.010)

All meetings of the board of appeals shall be held at the call of the chair and at such times as such board may determine. All hearings conducted by the board of appeals shall be open to the public. The board of appeals shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent, or failing to vote, indicating such fact; and shall also keep records of its hearings and other official action. Four voting members of the board of appeals shall constitute a quorum for the conduct of its business. The board of appeals shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony and the production of books, papers, files and other evidence pertinent to the matters before it.

(Code 1979, § 17.56.020)

(a)

The board of appeals shall have the powers set forth in sections 36-85 through 36-87, and it shall be its duty:

(1)

To hear and decide on all matters referred to it upon which it is required to pass under this chapter;

(2)

To hear and decide appeals where it is alleged there is error of law in any order, requirement, decision, or determination made by the building inspector in the enforcement of this chapter.

(b)

Nothing contained in this chapter shall be construed to give or grant to the board of appeals the power or authority to alter or change this chapter or the zoning map, such power and authority being reserved to the city council in the manner hereinafter provided by law.

(Code 1979, § 17.56.030)

(a)

An appeal may be taken to the board of appeals by any person, firm or corporation, or any officer, department, board or bureau affected by a decision of the building inspector. Such appeal shall be taken within such time as shall be prescribed by the board of appeals, by general rule, by filing with the building inspector and with the board of appeals a notice of appeal, specifying the grounds thereof. The building inspector shall forthwith transmit to the board of appeals all of the papers constituting the record upon which the action appealed from was taken.

(b)

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the building inspector certifies to the board of appeals after the notice of appeal has been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property; in which case the proceedings shall not be stayed, otherwise than by a restraining order, which may be granted by the board of appeals or by a court of record on application, on notice to the building inspector, and on due course shown.

(c)

The board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney.

(d)

A fee as currently established or as hereafter adopted by resolution of the city council from time to time shall be paid to the secretary of the board of appeals at the time that notice of appeal is filed, which the secretary shall forthwith pay over to the city treasurer to the credit of the general fund of the city.

(Code 1979, § 17.56.040)

In hearing and deciding appeals, the board of appeals shall have the authority to grant such variance therefrom as may be in harmony with their general purpose and intent so that the function of this chapter is observed, public safety and welfare secured, and substantial justice done, including the following:

(1)

Interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the zoning map fixing the use districts, accompanying and made a part of the ordinance codified in this chapter, where street layout actually on the ground varies from the street layout as shown on the map;

(2)

Permit the reaction and use of a building or use of premises in any use district for the public utility purposes;

(3)

Permit the modification of the automobile parking space or loading space requirements where, in the particular instance, such modification will not be inconsistent with the purpose and intent of such requirements;

(4)

Permit such modification of the height and area regulations as may be necessary to secure an appropriate improvement of a lot which is of such shape, or so located with relation to surrounding development or physical characteristics that it cannot otherwise be appropriately improved without such modification;

(5)

Permit temporary buildings and uses for periods not to exceed two years in undeveloped sections of the city and for periods not to exceed six months in developed sections.

(Code 1979, § 17.56.050)

Where, owing to special conditions, a literal enforcement of the provisions of this chapter would involve practical difficulties or cause unnecessary hardships, within the meaning of this chapter, the board of appeals shall have power upon appeal in specific cases to authorize such variation or modification of the provisions of this chapter with such conditions and safeguards as it may determine, as may be in harmony with the spirit of this chapter and so that public safety and welfare is secured and substantial justice done. No such variance or modification of the provisions of this chapter shall be granted unless it appears beyond a reasonable doubt that all the following facts and conditions exist:

(1)

That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties or class of uses in the same district or zone;

(2)

That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same zone and vicinity;

(3)

That the granting of such variance or modification will not be materially detrimental to the public welfare, or materially injurious to the property or improvements in such zone or district in which the property is located;

(4)

That the granting of such variance will not adversely affect the purposes or objectives of the future land use plan of the city.

(Code 1979, § 17.56.060)

In consideration of all appeals and all proposed variations to this chapter, the board of appeals shall, before making any variations from this chapter in a specific case, first determine that the proposed variation will not impair an adequate supply of light and air to adjacent property, or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the city. The concurring vote of four members of the board of appeals shall be necessary to reverse any order, requirements, decision, or determination of the building inspector, or to decide in favor of the applicant any matter upon which it is authorized by this chapter to render a decision, except that a concurring vote of five members of the board of appeals is necessary to grant a variance for uses of land permitted in this chapter.

(Code 1979, § 17.56.070)

(a)

Variances from the provisions of article VI of this chapter, regarding floodplain controls, shall only be granted by the zoning board of appeals upon a determination of compliance with the general standards for variances contained in this section and each of the following specific standards.

(1)

A variance shall not be granted within a regulatory floodway where the result would be any increase in flood levels during a base flood discharge, except upon certification by a registered professional engineer or the state department of environment quality that the cumulative effect of the proposed development will not harmfully increase the water surface elevation of a base flood. In determining whether a harmful increase will occur, compliance with part 31 of Public Act No. 451 of 1994 (MCL 324.3101 et seq.), shall be required, provided that the allowable increase, including the increase used as the design standard for delineating the floodway, shall not exceed one foot.

(2)

A variance shall be granted only upon:

a.

A showing of good and sufficient cause;

b.

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

c.

A determination that the granting of a variance will not result in flood heights in excess of those permitted by this chapter, additional threats to public safety, or extraordinary public expense, or create nuisances, cause fraud on or victimization of the public, or conflict with existing laws or ordinances.

(3)

The variance granted shall be the minimum necessary, considering the flood hazard, to afford relief to the applicant.

(b)

The zoning board of appeals may attach conditions to the granting of a variance to ensure compliance with the standards contained in this section.

(c)

Variances may be granted for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the Michigan Historic Marker listing of historic sites, or any other state register of historic places without regard to the requirements of this section governing variances in flood hazard areas.

(Code 1979, § 17.56.070)

In exercising the powers set forth in this chapter, the board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the building inspector from whom the appeal is taken.

(Code 1979, § 17.56.080)

The board of appeals shall make no recommendation except in a specific case and after a hearing conducted by the board. The board of appeals shall fix a reasonable time for the hearing of the appeal and give notice of the appeal to the persons to whom real property within 300 feet of the premises in question is assessed, and to the occupants of single-family and two-family dwellings within 300 feet. The notice shall be delivered personally or by mail addressed to the respective owners and tenants at the address given in the last assessment roll. If a tenant's name is not known, the term "occupant" may be used.

(Code 1979, § 17.56.090)

(a)

No order of the board of appeals permitting the erection or alteration of a building shall be valid for a period longer than one year, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

(b)

No orders of the board of appeals permitting a use of a building or premises shall be valid for a period longer than one year unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for the erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

(Code 1979, § 17.56.100)

The planning commission is designated as the commission specified in section 4 of Public Act No. 207 of 1921 (MCL 125.584) and shall perform the duties of the commission as provided in the statute in connection with the amendment of this chapter.

(Code 1979, § 17.54.010)

The city council may from time to time on their own action, or on recommendation from the planning commission or on petition, amend, supplement, or change the district boundaries or the regulations in this chapter; provided, however, that a public hearing shall be held before any such amendment shall be passed; and provided further, that not less than 15 days' notice of the time and place of such public hearing shall be given by publication in the official paper of the city, or a paper of general circulation in the city, and a hearing be granted to any person interested at the time and place specified. If an individual property or several adjacent properties are proposed for rezoning, notice of the proposed rezoning and hearing shall be given to the owners of the property in question at least 15 days before the hearing.

(Code 1979, § 17.54.020)

Upon presentation of petition for amendment of this chapter by the owner of real estate to be affected, or by owners of real estate within 500 feet of any part of the premises to be affected, such petition shall be accompanied by a deposit of the sum as currently established or as hereafter adopted by resolution of the city council from time to time, which amount shall be placed in the general fund to defray the expense of publishing the required notices of public hearings, and the expenses of the public hearing.

(Code 1979, § 17.54.030)

(a)

Upon presentation of a protest petition meeting the requirements of this section, an amendment to this chapter which is the object of the petition shall be passed only by a two-thirds vote of the city council. The protest petition shall be presented to the city council before final legislative action on the amendment and shall be signed by one of the following:

(1)

The owners of at least 20 percent of the area of land included in the proposed change.

(2)

The owners of at least 20 percent of the area of land included within an area extending outward 100 feet from any point on the boundary of the land included in the proposed change.

(b)

For purposes of this section, publicly owned land shall be excluded in calculating the 20 percent land area requirement.

(a)

Publication and mailing of notice. Following adoption of a zoning ordinance and subsequent amendments by the city council, one notice of adoption shall be published in a newspaper of general circulation in the city within 15 days after adoption. Promptly following adoption of a zoning ordinance or subsequent amendment by the city council, a copy of the notice of adoption shall also be mailed to the airport manager of an airport entitled to notice.

(b)

Required information. The notice of adoption under this section shall include the following information:

(1)

In the case of a newly adopted zoning ordinance, the following statement: "A zoning ordinance regulating the development and use of land has been adopted by the city council of the City of Hillsdale, Michigan."

(2)

In the case of an amendment to an existing ordinance, either a summary of the regulatory effect of the amendment, including the geographic area affected, or the text of the amendment.

(3)

The effective date of the ordinance.

(4)

The place and time where a copy of the ordinance may be purchased or inspected.