The provisions of this chapter shall be administered by the city council in accordance with the City Zoning Act, Act No. 207 of the Public Acts of Michigan of 1921 (MCL 125.581 et seq.), as amended. The city council shall employ or appoint a zoning administrator to effectuate administration of this chapter. The zoning administrator shall have all the powers of a public officer in the enforcement of this chapter.

(Ord. of 5-1-95, § 8-25-1)

(a)

The zoning administrator or his agent shall have the power to issue zoning permits, and to make inspections of premises necessary to carry out his duties in the enforcement of this chapter.

(b)

It shall be unlawful for the zoning administrator to approve plans or issue zoning permits for any construction or use until he has inspected such plans and found them to conform with this chapter.

(c)

The zoning administrator shall not vary, change or grant exceptions to any terms of this chapter, or to any person making application under the requirements of this chapter.

(d)

The zoning administrator shall issue a permit when the conditions of this chapter are complied with by the applicant, regardless of the effect of such a permit on contracts such as deed covenants or private agreements.

(e)

If the zoning administrator shall find that any of the provisions of this chapter are being violated, he shall notify in writing the persons responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuation of illegal uses of land, buildings or structures, and removal of illegal work being done, or shall take any other action authorized by this chapter to ensure compliance with or prevent violation of its provisions.

(f)

The zoning administrator shall maintain a record of all approved preliminary and final site plans.

(Ord. of 5-1-95, § 8-25-2)

(a)

It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure, until a zoning compliance permit has been issued by the zoning administrator.

(b)

A building permit for erection, alteration, moving, enlargement or repair of any building shall not be issued until an approved zoning permit has been issued therefor. Issuance of the permit shall indicate that the uses and plans for which the permit is requested comply with this chapter.

(c)

The zoning administrator shall maintain a record of all permits issued, and the record shall be open to public inspection. Failure to obtain a zoning permit shall be a violation of this chapter.

(d)

For any building other than a single-family and two-family dwelling, two complete sets of building plans shall accompany an application for a zoning permit.

(Ord. of 5-1-95, § 8-25-3)

(a)

No building permit for erection, alteration, moving or repair of any building shall be issued until a zoning permit has been issued.

(b)

No building or other structure shall be erected, moved, added to or structurally altered or demolished without a building permit issued by the Dickinson Area Construction Code Commission.

(c)

No building permit shall be issued by the Dickinson Area Construction Code Commission except in conformity with this chapter, unless the commission receives a written order from the zoning board of appeals or the zoning administrator in the form of an administrative review or a variance, as provided in this chapter.

(d)

Plans submitted in an application for a building permit shall contain information necessary for determining conformity with this chapter.

(Ord. of 5-1-95, § 8-25-4)

(a)

No building, structure or lot for which a zoning and building permit have been issued shall be used or occupied until the Dickinson Area Construction Code Commission has, after final inspection, issued a certificate of occupancy indicating compliance has been made with all provisions of the applicable building codes.

(b)

A record of all certificates issued shall be kept on file in the office of the Dickinson Area Construction Code Commission, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property involved.

(Ord. of 5-1-95, § 8-25-5)

There is hereby established a zoning board of appeals, which shall perform its duties and exercise its powers as provided in Act No. 207 of the Public Acts of Michigan of 1921 (MCL 125.581 et seq.), as amended, and in such a way that the objectives of this chapter shall be observed, public safety secured and justice done. The board shall consist of five members appointed by the city council. Appointments shall be for a period of three years. All members shall be legal residents of the city.

(Ord. of 5-1-95, § 8-26-1)

(a)

The zoning board of appeals shall perform its duties and exercise its powers as provided in Act No. 207 of the Public Acts of Michigan of 1921 (MCL 125.581 et seq.), as amended.

(b)

The zoning board of appeals shall hear and decide only those matters which it is specifically authorized to hear by Public Act and this chapter, and decide such matters as provided in this chapter.

(c)

The zoning board of appeals shall not alter or change the zoning district classifications of any property, or make any change in the terms of this chapter, and shall not take any action which results, in effect, in making such legislative changes.

(d)

Decisions of the zoning board of appeals shall become effective immediately, following the final hearing and ruling of the board. The board shall, however, decide all applications and appeals within 30 days after completion of its final hearing thereon.

(Ord. of 5-1-95, § 8-26-2)

(a)

Officers; adoption of rules of procedure. The zoning board of appeals shall annually elect from its membership a chairman, a vice-chairman, a secretary and such other officers as it may deem necessary. Rules and regulations prescribing procedure for the performance of its authorized powers and duties shall be adopted by the board. The procedures shall be in accordance with the provisions of this chapter and applicable state law.

(b)

Required vote. The concurring vote of three-fifths of the members of the zoning board of appeals shall be necessary to revise any order, requirement, decision or interpretation of the zoning administrator, or to decide in favor of an applicant any matter upon which the board is required to pass under this chapter or to effect any variation in this chapter.

(c)

Quorum. Three members of the board present at a meeting shall constitute a quorum for the conduct of its business.

(d)

Meeting dates. Meetings of the zoning board of appeals shall be held at the call of the chairman and at such other times as the board may specify in its rules of procedure.

(e)

Minutes. Minutes shall be kept of each meeting, and the zoning board of appeals shall record into the minutes all findings, conditions, facts and other relevant factors, including the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and all of its official actions.

(f)

Meetings and records to be open to public. All meetings and records shall be open to the public. All minutes shall be filed in the office of the city clerk. The city clerk, or his agent, shall act as recording secretary to the zoning board of appeals, including recording the minutes, legal notices and property notices.

(g)

Assistance by city departments. The board may call on any city departments for assistance in the performance of its duties, and it shall be the responsibility of such departments to render such assistance as may reasonably be required.

(h)

Adjournment. The board may adjourn any meeting held for purposes of reviewing an application, or hearing an appeal, in order to allow the obtaining of additional information or to cause such further notice as it deems necessary to be served upon such other property owners as it decides may logically be concerned with the application or appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of the hearing unless the board so decides.

(Ord. of 5-1-95, § 8-26-3; Ord. of 10-6-97)

State Law reference— Board of appeals, MCL 125.585.

(a)

The chairman of the zoning board of appeals shall fix a reasonable time and date for a public hearing, not to exceed 30 days from the date of filing any application with the city clerk.

(b)

On behalf of the board, the clerk shall give due notice of the hearing by regular mail to the parties of interest and to property owners within 300 feet of the subject property as shown in the most recent assessment roll of the city.

(c)

All zoning board of appeals hearings shall be noticed in a newspaper of general circulation. All notices of hearing shall be mailed and published not more than 15 days and not less then five days prior to the date on which the hearing is to be held.

(Ord. of 5-1-95, § 8-26-4)

The zoning board of appeals shall hear and decide appeals where it is alleged by the appellant that there is error in any order, requirements, permit, decision or determination made by the zoning administrator in enforcing any provision of this chapter, as follows:

(1)

The zoning board of appeals, on appeal, shall interpret zoning district boundaries according to the provisions of this chapter.

(2)

The zoning board of appeals, on appeal, shall classify a use which is not specifically mentioned as part of the use regulations of any zoning district so that it conforms to a comparable permitted or prohibited use in accordance with the purpose and intent of each district.

(3)

The zoning board of appeals, on appeal, shall determine the off-street parking and loading space requirements of any use not specifically mentioned in article VI of this chapter either by classifying it with one of the groups listed in article VI or by an analysis of the specific need.

(Ord. of 5-1-95, § 8-26-5)

(a)

The zoning board of appeals may, upon appeal, authorize specific variances from site development requirements, regulations and conditions, parking and loading requirements and advertising structure provisions of this chapter; provided, however, that all the required findings listed in this subsection are met, and that the spirit of this chapter is observed, public safety and welfare secured and substantial justice done:

(1)

That compliance with the strict letter of the restrictions governing area, setbacks, frontage, height, bulk or density would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome.

(2)

That a grant of the variance applied for would do substantial justice to the applicant as well as to other property owners in the district, or whether a lesser relaxation than that applied for would give substantial relief to the owner of the property involved and be more consistent with justice to other property owners.

(3)

That the plight of the landowner is due to the unique circumstances of the property.

(4)

That the problem is not self-created, resulting from the actions of the applicant.

(b)

A nonconforming use of land or a structure or building shall not solely constitute grounds for the issuance of a variance.

(c)

The zoning board of appeals shall further find that the reasons set forth in the application justify the granting of the variance, and that it is the minimum variance that will make possible the reasonable use of the land, building or structure.

(d)

The zoning board of appeals shall further find that granting of the variance will be in harmony with the intent of this chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public interest.

(e)

In granting any variance, the board may prescribe appropriate conditions and safeguards, to be made a part of the terms under which the variance is granted, the breach of which shall be deemed a violation of this chapter.

(f)

In exercising the powers mentioned in this section, the board may, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, 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 the powers of the public official from whom the appeal is taken.

(g)

Each variance granted under the provisions of this chapter shall become null and void unless the construction or occupancy authorized by such variance or permit has been commenced within one year after the granting of such variance and pursued diligently to completion.

(Ord. of 5-1-95, § 8-26-6)

(a)

Appeals concerning interpretation and administration of this chapter shall be made by filing a notice of appeal specifying the grounds thereof with the city clerk within a period of 30 days from the occurrence of the contested action. The clerk shall transmit to the zoning board of appeals copies of all 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, unless the Dickinson Area Construction Code Commission or the zoning administrator certifies to the board that a stay would, in its or his opinion, cause imminent peril to life or property, in which case the proceedings should not be stayed other than by a restraining order granted by the courts.

(c)

Appeals may be filed by any person or agency felt to be aggrieved.

(d)

Any party may appear at the hearing in person or by agent or attorney. The zoning board of appeals shall decide upon all matters within the required time limit. The decision of the board of appeals shall be on a special form for that purpose, which contains a record of its findings and its determination along with a record of the vote. The time limit may be extended by written agreement between the applicant and the zoning board of appeals.

(Ord. of 5-1-95, § 8-26-7)

All questions concerning application of the provisions of this chapter shall first be presented to the zoning administrator. Such questions shall be presented to the zoning board of appeals only on appeal from the decisions of the zoning administrator. Recourse from decisions of the zoning board of appeals shall be to the circuit court of the county, as prescribed by law.

(Ord. of 5-1-95, § 8-26-8)

The city planning commission is hereby designated the commission specified in chapter 7, section 7.9(A), of the Charter, with such powers and duties as are given to the commission by the Charter.

(Ord. of 5-1-95, § 8-27-1; Ord. of 6-6-11)

For the purpose of establishing and maintaining sound, stable and desirable development within the territorial limits of the city, this chapter shall not be amended except to correct an error in this chapter, or, because of changed or changing conditions in a particular area in the city generally, to rezone an area, to extend the boundary of an existing district, or to change the regulations and restrictions thereof.

(Ord. of 5-1-95, § 8-28-1)

Subject to the limitations of the statement of intent in section 74-121, an amendment to this chapter text or a map may be initiated by the city council on it own motion, or by petition of any person desiring an amendment or change.

(Ord. of 5-1-95, § 8-28-2)

Upon receipt of a petition to amend this chapter, the city clerk shall refer the petition to the planning commission for study and recommendation to the city council.

(Ord. of 5-1-95, § 8-28-3; Ord. of 6-6-11)

The planning commission shall make a complete study of a petition to amend this chapter. The commission shall recommend to the city council such action as the commission deems proper.

(Ord. of 5-1-95, § 8-28-4; Ord. of 6-6-11)

(a)

A public hearing shall be held by the city council before adoption of any proposed amendment to this chapter. Notice of the public hearing shall be given by publishing the notice at least once in a newspaper of general circulation, stating the time and place of such hearing and the substance of the proposed amendment. This notice shall appear in the newspaper at least 15 days prior to the date set for the public hearing. Notice shall be given by ordinary mail to each public utility or railroad company owning and operating any public utility or railroad within the districts or zones affected, that registers its name with the city clerk for purposes of receiving such notice.

(b)

In reviewing any petition for a zoning amendment, the planning commission and the city council shall identify and evaluate all factors relevant to the petition. The facts to be considered by the planning commission and city council include but shall not be limited to the following:

(1)

Whether or not the requested zoning change is justified by a change in conditions since the original ordinance was adopted or by an error in the original ordinance.

(2)

The precedents, and the possible effects of such precedents, which might result from approval or denial of the petition.

(3)

The capability of the city or other government agencies to provide any services, facilities and programs that might be required if the petition were approved.

(4)

Effect of approval of the petition on the condition and value of property in the city.

(5)

Effect of approval of the petition on adopted development policies of the city.

All findings of fact shall be made a part of the public records of the planning commission and city council. An amendment shall not be approved unless these and other identified facts are affirmatively resolved in terms of the general health, safety and welfare of the citizens of the city.

(Ord. of 5-1-95, § 8-28-5; Ord. of 6-6-11)

All petitions for amendments to this chapter, without limiting the right to file additional material, shall contain at least the following:

(1)

The petitioner's name, address and interest in the petition, as well as the name, address and interest of every person having a legal or an equitable interest in the land covered by the petition.

(2)

The nature and effect of the proposed amendment.

(3)

If the proposed amendment would require a change in the zoning map, a fully dimensional map showing:

a.

The land which would be affected by the proposed amendment.

b.

The legal description of such land.

c.

The present zoning classification of the land.

d.

The zoning classification of all abutting districts.

e.

All public and private rights-of-way and easements bounding and intersecting the land under consideration.

(4)

The alleged error in this chapter, if any, which would be corrected by the proposed amendment, together with a detailed explanation of such error in this chapter which is alleged, and detailed reasons as to how the proposed amendment will correct the error.

(5)

The changed or changing conditions, if any, in the area or in the municipality generally, which make the proposed amendment reasonably necessary.

(6)

All other circumstances, factors and reasons which the applicant offers in support of the proposed amendment.

(Ord. of 5-1-95, § 8-28-6)

The planning commission, at intervals of not less than three years, shall examine the provisions of this chapter and shall submit a report to the city council recommending changes, if any, deemed desirable in the interests of public health, safety and welfare.

(Ord. of 5-1-95, § 8-28-7; Ord. of 6-6-11)

It is the purpose of this division to require site plan review approval for certain buildings, structures and uses that can be expected to have a significant impact on natural resources, traffic patterns, adjacent parcels and the character of future development. The regulations contained in this division are intended to provide and promote the orderly development of the city; safe and convenient traffic movement, both within a site and in relation to access streets; the stability of land values and investments, by preventing the impairment or depreciation of land values and development by the erection of structures or additions or alterations thereto without proper attention to setting or to unsightly or undesirable appearances; harmonious relationships of buildings, other structures and uses, both within a site and with adjacent sites; and the conservation of natural amenities and resources.

(Ord. of 5-1-95, § 8-24-1)

Site plan review approval is required as follows:

(1)

For those uses requiring special use permit review, as specified.

(2)

For all land uses, excepting single-family detached dwellings, two-family dwellings and nonresidential uses requiring less than five parking spaces.

(Ord. of 5-1-95, § 8-24-2)

(a)

Submission of application; payment of fee. Application for site plan review shall be submitted to the zoning administrator on a special form for that purpose. Each application shall be accompanied by the payment of a fee in accordance with the duly adopted schedule of fees to cover the costs of processing the application. No part of any fee shall be refundable.

(b)

Required information and data. Every application should be accompanied by the following information and data:

(1)

The special form supplied by the zoning administrator filled out in full by the applicant.

(2)

A site plan, plot plan or development plan, drawn to a scale of not less than one inch equals 50 feet, showing:

a.

Date, north point and scale.

b.

The actual dimensions of all lot and property lines, as shown by a licensed surveyor, with the survey stakes visible, showing the relationship of the subject property to abutting properties.

c.

Size, shape and location of existing and proposed buildings and structures.

d.

The location of parking areas, all parking spaces and driveways.

e.

Existing public rights-of-way and private easements.

f.

Watercourses and water bodies, including surface drainageways.

g.

A stormwater drainage plan, to include elevation contour lines not exceeding five feet showing existing and proposed grades and drainage systems and structures.

h.

Existing significant vegetation.

i.

A landscaping plan indicating locations of proposed planting and screening, fencing, signs and advertising features.

(c)

Review by zoning administrator. The zoning administrator shall review the site plan to determine compliance with permitted land use, density of development, general circulation and other provisions of this chapter. The zoning administrator shall respond to the applicant within 45 days of filing, and, if the application is denied, shall cite the reasons for denial.

(Ord. of 5-1-95, § 8-24-3)

State Law reference— Site plans, MCL 125.584d.

(a)

All elements of the site plan shall be harmoniously and efficiently organized in relation to topography, the size and type of lot, the character of adjoining property and the type and size of buildings. The site will be so developed as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this chapter.

(b)

The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, and by topographic modifications which result in maximum harmony with adjacent areas.

(c)

Special attention shall be given to proper site surface drainage so that removal of stormwater will not adversely affect neighboring properties.

(d)

The site plan shall provide reasonable visual and sound privacy for all dwelling units located therein. Fences, walks, barriers and landscaping shall be used, as appropriate, for the protection and enhancement of property and for the privacy of its occupants.

(e)

All buildings or groups of buildings shall be so arranged as to permit emergency vehicle access by some practical means to all sides.

(f)

Every structure or dwelling unit shall have access to a public street, walkway or other area dedicated to common use.

(g)

There shall be provided a pedestrian circulation system which is insulated as completely as reasonably possible from the vehicular circulation system.

(h)

All loading and unloading areas and outside storage areas, including areas for the storage of trash, which face or are visible from residential districts or public thoroughfares, shall be screened by a vertical screen consisting of structural or plant materials no less than six feet in height.

(i)

Exterior lighting shall be so arranged that it is deflected away from adjacent properties and so that it does not impede the vision of traffic along adjacent streets. Flashing or intermittent lights shall not be permitted.

(Ord. of 5-1-95, § 8-24-4)

The zoning administrator shall have the function, duty and power to approve or disapprove, or to approve subject to compliance with such modifications or conditions as he may deem necessary to carry out the purpose of these regulations, the design and site plan of all proposed buildings or structures, or the development of the entire property, the specifications of all exits, entrances, streets, highways or other means of ingress and egress, the proposed timing of construction, the proposed manner of dedication to the public or maintenance of such facilities, and the construction of appropriate screens or buffers.

(Ord. of 5-1-95, § 8-24-5)

Once site plan approval has been granted by the zoning administrator, changes to the approved site plan shall require a resubmission and payment of fees.

(Ord. of 5-1-95, § 8-24-6)

Any person considering himself aggrieved by the decision of the zoning administrator in granting or denial of site plan approval shall have the right to appeal the decision to the zoning board of appeals. The appeal shall be exclusive and must be filed with the city clerk within ten days of the decision of the zoning administrator. Appeals of a decision of the zoning board of appeals shall be taken to a court of competent jurisdiction.

(Ord. of 5-1-95, § 8-24-7)