This Zoning Ordinance shall be administered by the Zoning Administrator or such deputies as designated by the City Manager. The Zoning Administrator shall be designated by the City Manager.

(Ord. No. 600, § 1, 1-8-2018)

The duties and responsibilities of the Zoning Administrator shall include the following:

A.

Receive and review for completeness all applications for site plan review, special land uses, planned unit developments, or other matters regulated by this Ordinance.

B.

Receive and review for completeness all applications for appeals, variances, or other matters that the Zoning Board of Appeals is required to decide under this Ordinance and refer such applications to the Zoning Board of Appeals for determination.

C.

Receive and review for completeness all applications for text or map (rezonings) amendments to this Ordinance and refer such applications to the Planning Commission and City Commission for determination.

D.

Make periodic site inspections to determine Ordinance compliance, as needed.

E.

Implement the decisions of the Planning Commission, Zoning Board of Appeals, and City Commission.

F.

Coordinate with the Building Official where necessary to administer the Ordinance.

G.

Investigate complaints regarding violations of the Zoning Ordinance.

H.

Initiate prosecutions of violations of the Zoning Ordinance.

(Ord. No. 600, § 1, 1-8-2018)

A.

When Required. Public hearings are required in those instances where public hearings are required by this Ordinance and the Michigan Zoning Enabling Act, Act 110 of the Public Acts of 2006, as amended.

B.

Notice Requirements. Notice shall be given not less than fifteen (15) days before each public hearing at which an application will be considered. Notice shall be given by publication in a newspaper that circulates in the City of Huntington Woods, and by personal delivery or mailing, where required, to the following:

(1)

The applicant, and the owner(s) of the property, if the applicant is not the owner.

(2)

All persons to whom real property is assessed within three hundred (300) feet of the boundary for the property for which approval has been requested, as shown by the latest assessment roll, regardless of whether the owner and property is located within the City of Huntington Woods.

(3)

The occupants of any structures within three hundred (300) feet of the boundary for the property for which the approval has been requested, regardless of whether the owner and property is located within the City of Huntington Woods, except as set forth below.

(4)

Notification need not be given to more than one (1) occupant of a structure, except that if a structure contains more than one (1) dwelling unit or spatial area owned or leased by different persons, one (1) occupant of each unit or spatial area shall be given notice. If a single structure contains more than four (4) 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 to the structure.

(5)

The notice under subsection 40-3.03.B is 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. If the name of the occupant is not known, the term "occupant" may be used for the intended recipient of the notice.

C.

Actions Exempt from Notification.

(1)

Requirements for individual notice to property owners shall not apply to Ordinance text amendments.

(2)

For any group of adjacent properties numbering eleven (11) or more that is proposed for rezoning, the requirement for individual notice as set forth in Subsections 40-3.03.B(2), (3) and (4) does not apply to that group of adjacent properties.

D.

Content of Notice. The notice shall include:

(1)

The nature of the request.

(2)

The property(ies) for which the request has been made.

(3)

A listing of all existing street addresses within the property(ies) which is (are) the subject of the request. Street addresses do not need to be created and listed if no such addresses exist. If there are no street addresses, another means of identification may be used.

(4)

The location where the application documents can be viewed and copied prior to the date the application will be considered.

(5)

The date, time, and location of when the hearing on the application will take place.

(6)

The address at which written comments should be directed prior to the consideration.

(Ord. No. 600, § 1, 1-8-2018)

A.

Purpose and Intent. In the interest of insuring compliance with the Zoning Ordinance provisions, protecting the natural resources and the health, safety and welfare of the residents of the city and future users or inhabitants of an area for which a site plan for a non-single-family use has been submitted, the city may require the applicant to deposit a performance guarantee for any or all site improvements required by this Ordinance. The purpose of the performance guarantee is to insure completion of improvements connected with the proposed use as required by this Ordinance, including but not limited to roadways, lighting, utilities, sidewalks, drainage, fences, walls, screens, and landscaping.

A performance guarantee may be a cash deposit, certified check, or automatically renewable irrevocable bank letter of credit, in the amount of the 125% cost of the improvements based upon an estimate submitted by the applicant and verified by the city. The city shall be authorized to employ the applicable City Department and/or city consultants to review cost estimates and conduct periodic inspection of the progress of improvements.

B.

Procedure.

(1)

When a performance guarantee is required, said guarantee shall be deposited with the city prior to the issuance of a building permit for the development and use of the land. Upon the deposit of the performance guarantee, the city shall issue the appropriate building permit.

(2)

The approval shall also prescribe the period of time within which the improvements are to be completed. The period will begin from the date of the issuance of the building permit.

(3)

The Building Official, upon the written request of the applicant, shall rebate portions of the performance guarantee upon determination that the improvements for which the rebate has been requested have been satisfactory completed, provided that the performance guarantee shall always be 125% of the cost of the remaining improvements.

(4)

Upon the satisfactory completion, as determined by the city, of the improvement for which the performance guarantee was required, the city shall return to the applicant the performance guarantee deposited and any interest earned thereon. However, the city is not required to deposit the performance guarantee in an interest-bearing account.

(5)

In the event the applicant defaults in making the improvements for which the performance guarantee was required within the time period established by the city, the city shall have the right, but not the obligation, to use the performance guarantee deposited and any interest earned thereon to complete the improvements through contract or otherwise, including specifically, the right to enter upon the subject property to make the improvements.

If the performance guarantee is not sufficient to allow the city to complete the improvements, the applicant shall be required to pay the city all the additional costs of completing the improvements. Should the city use the performance guarantee, or a portion thereof to complete the required improvements, any amounts remaining after said completion shall be applied first to the city's administrative costs including, without limitation, attorney consultant fees, planning consultant fees, and engineering consultant fees in completing the improvement with any balance remaining being refunded to the applicant. In the event the performance guarantee is not sufficient to allow the city to complete the improvements, the city completes the improvements, and the applicant fails to pay the deficiency, said deficiency shall be secured by a lien upon the property which may be enforced by the city in the same manner as the enforcement of liens for delinquent sewer or water charges.

If the applicant has been required to post a performance guarantee or bond with another governmental agency other than the city to insure completion of an improvement, the applicant shall not be required to deposit with the city a performance guarantee for that specific improvement. At the time the performance guarantee is deposited with the city and prior to the issuance of a building permit, the applicant shall enter an agreement incorporating the provisions hereof with the city regarding the performance guarantee.

(Ord. No. 600, § 1, 1-8-2018)

A.

No premises shall be occupied or used and no building now or hereafter erected or altered shall be occupied, used or changed in use until a certificate of occupancy and compliance shall have been issued by the Building Official or designee stating that the building or proposed use of a building or premises, complies with all the building and health laws and ordinances, and with the provisions of this chapter.

B.

Certificate of occupancy and compliance shall be applied for after the issuance of a building permit, and shall be issued within ten days after the erection or alteration of such buildings shall have been completed in conformity with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the city clerk and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building affected. No fee shall be charged for an original certificate applied for coincident with the application for a building permit; for all other certificates, or copies of any original certificate, a fee may be charged as prescribed by the city commission by ordinance or resolution.

C.

No permit for excavation for any building or construction shall be issued before the appropriate building permit is issued.

(Ord. No. 600, § 1, 1-8-2018)

All applications for a building permit that alters a building footprint, shall be accompanied by a survey drawn to scale showing the actual dimensions of the lot to be built upon, the size of the building to be erected, and such other information as may be necessary to provide for the enforcement of these regulations. A record of such applications and surveys shall be kept in the office of the City Clerk. No yard, or other open space provided about any building for the purpose of complying with the provisions of these regulations, shall be used as a yard, or other open space for another building. Surveys shall be prepared by a licensed surveyor or engineer.

(Ord. No. 600, § 1, 1-8-2018)

It shall be unlawful for any person, the person's agents or employees, to erect, alter, raze or convert any building, or to use any premises situated in the city, contrary to the provisions of this chapter, and buildings erected, altered, razed or converted and uses carried on in violation of the provisions of this chapter, are hereby declared to be a nuisance per se.

(Ord. No. 600, § 1, 1-8-2018)

A person who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this chapter, or knowingly constructs, builds or maintains a structure in violation of any provision of this chapter or a site plan approved pursuant to this chapter, or who knowingly fails to comply with an order issued by the enforcing agency, Zoning Board of Appeals, Planning Commission, or City Commission, is responsible for a municipal civil infraction.

(Ord. No. 600, § 1, 1-8-2018)

The provisions of this chapter shall be enforced by the Zoning Administrator, Building Official, or ordinance officer. Appeals from the decision of the enforcing city official may be made to the Zoning Board of Appeals as provided in Article 12.

(Ord. No. 600, § 1, 1-8-2018)

Authority given to any person or board under this chapter shall be considered as cumulative to and not in derogation of authority held under any other provision of this Code, the powers conferred, and duties imposed in this chapter to be construed as separate and distinct from powers conferred upon the duties required of any official or board under any other provision of this Code and not be construed as conflicting therewith or limiting the same.

(Ord. No. 600, § 1, 1-8-2018)

No buildings shall be erected or altered in the city except in conformity with Chapter 6 of the City Code, anything to the contrary herein contained notwithstanding.

(Ord. No. 600, § 1, 1-8-2018)

Where uncertainty exists with respect to the boundaries of any district indicated on the Official Zoning Map, the following rules shall apply:

A.

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow the centerlines.

B.

Boundaries indicated as approximately following platted lot lines shall be construed as following the lot lines.

C.

Boundaries indicated as approximately following city limits shall be construed as following city limits.

D.

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

E.

Boundaries indicated as approximately following the centerline of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow the centerline.

F.

Boundaries indicated as parallel to, or extensions of, features indicated in subsections A through E of this section shall be so construed.

G.

Distances not specifically indicated on the Zoning Map shall be determined by the scale of the Map.

H.

Where physical or natural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by subsections A through G of this section, the Zoning Board of Appeals shall interpret the district boundaries.

I.

Insofar as some or all of the various districts may be indicated on the Zoning Map by patterns which, for the sake of map clarity, do not cover public rights-of-way, it is intended that the district boundaries do extend to the center of any public right-of-way.

(Ord. No. 600, § 1, 1-8-2018)