A.

In the interpretation and application, the provisions of this ordinance shall be held to be minimum requirements adopted for the promotion of the public health, safety, comfort, convenience or general welfare.

B.

It is not intended by this ordinance to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or ordinance other than the above described zoning ordinance, or with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises; provided, however, that where this ordinance imposes a greater restriction than is required by existing ordinance or by rules, regulations or permits, the provisions of this ordinance shall control.

C.

Nothing in this ordinance should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities; and, they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety and welfare.

A.

It is hereby provided that the provisions of this ordinance shall be administered and enforced by the zoning administrator and designees of the same, The zoning administrator shall, among other duties, interpret this ordinance, and issue all permits and notice of violations, except building permits, provided for in this ordinance.

B.

Any use, use of land, activity, structure, or development activity not expressly allowed by this ordinance is prohibited, unless the zoning administrator finds that the use is substantially similar in character to a use or item listed in this ordinance. An individual may apply to the Planning Commission for consideration of an amendment to this ordinance to include a proposed use in one or more of the zoning districts of this ordinance, either as a permitted use or a special land use. At their option and discretion, the planning commission and city commission may consider an amendment to this ordinance, but are not required to do so.

(Ord. No. 4-10, § 3, 10-22-2010)

Editor's note— Section 3 of Ord. No. 4-10, effective Oct. 22, 2010, changed the title of § 22.02 from "Zoning administrator" to "Zoning administrator; undesignated uses."

Cross reference— Administration, ch. 2.

A.

The city commission will by resolution establish fees for the administration of this ordinance. A list of current fees will be available for review during office hours at city hall. Fees may be changed at any time by resolution of the city commission. An applicant must pay all applicable fees upon the filing of any application, proposed site plan or other request or application under this ordinance to which a fee is prescribed.

B.

In addition to regularly established fees, the city commission may also require an applicant to submit (prior to city review of an application or proposed site plan) an amount of money determined by the city to be a reasonable estimate of the fees and costs which may be incurred in reviewing and acting upon such application or related matters. The costs and expenses to be charged or assessed to the applicant, for reimbursement of the city's reasonable costs and expenses, may include, but are not limited to, city attorney fees, city consulting engineering fees, costs and fees for the services of other outside consultants, cost and fees for studies and report, special meeting costs and other similar costs and expenses. These escrow monies shall be retained by the city for reimbursement of such costs and expenses. Any monies paid or deposited by an applicant which are not used or spent by the city will be refunded.

(Ord. No. 01-07, § 1, 3-6-2007)

No building permit or certificate of occupancy shall be issued by the city except in compliance with all codes and ordinances including this ordinance. No building permit shall be required for one-story detached accessory structures if the floor area does not exceed 200 square feet in area. Zoning administrator approval shall be required for one-story detached accessory structures 200 square feet or less in floor area.

(Ord. No. 5-04, § 8, 5-2-2004; Ord. No. 1-21, § 11, 3-22-2021, eff. 4-1-2021)

The following time limits for acting on proposed projects by the city and/or Planning Commission must be observed unless waived by or a request for an adjournment is received from the applicant in writing. Projects will be considered approved if the city fails to act within the prescribed time limits unless the failure is beyond the reasonable ability of the city/Planning Commission to control. Projects approved as a result of a failure to act must still comply with any applicable provisions of the zoning ordinance or any other applicable ordinance.

A.

Rezoning, planned unit development, site condominium project.

1.

Planning commission. 90 days from the setting of a public hearing by the Planning Commission.

2.

City commission. 120 days from the setting of a public hearing by the Planning Commission.

B.

Special land use, site plan review. 90 days from the setting of a public hearing by the Planning Commission.

A.

As a condition of approval of a site plan review, special land use, or variance, the city commission, Planning Commission, zoning administrator, or the zoning board of appeals, may require a performance guarantee of sufficient sum to assure the installation of those features or components of the approved activity or construction which are considered necessary to protect the health, safety, and welfare of the public and of users or inhabitants of the proposed development.

B.

The features or components, hereafter referred to as "improvements," may include, but shall not be limited to, survey monuments and irons, streets, curbing, landscaping, fencing, walls, screening, lighting, drainage facilities, sidewalks, paving, driveways, utilities, and similar items.

C.

Performance guarantees shall be processed in the following manner:

1.

Prior to the issuance of a certificate of occupancy, the applicant or their agent shall submit an itemized estimate of the cost of the required improvements that are subject to the performance guarantee, which shall then be reviewed by the Building Inspector. The amount of the performance guarantee shall be 100 percent of the cost of purchasing of materials and installation of the required improvements, plus the cost of necessary engineering and inspection costs and a reasonable amount for contingencies.

2.

The required performance guarantee shall be payable to the city and may be in the form of a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the city.

3.

Upon receipt of the required performance guarantee, the Building Inspector shall issue a building permit for the subject development or activity, provided it is in compliance with all other applicable provisions of this ordinance and other applicable ordinances of the city.

4.

The Building Inspector, upon the written request of the obligor, shall rebate portions of the performance guarantee upon determination that the improvements for which the rebate has been requested have been satisfactorily completed. The portion of the performance guarantee to be rebated shall be in the same amount as stated in the itemized cost estimate for the applicable improvements.

5.

When all of the required improvements have been completed, the obligor shall send written notice to the Building Inspector of completion of the improvements. Thereupon, the Building Inspector shall inspect all of the improvements and approve, partially approve, or reject the improvements with a statement of the reasons for any rejections.

6.

If partial approval is granted, the cost of the improvement rejected shall be set forth. Where partial approval is granted, the obligor shall be released from liability pursuant to relevant portions of the performance guarantee, except for that portion sufficient to secure completion of the improvements not yet approved.

7.

The Building Inspector shall maintain a record of required performance guarantees.

8.

In lieu of providing performance guarantees, the city and the applicant for a development proposal may agree to enter into a development agreement that would be recorded with the register of deeds.

State Law reference— Performance guarantees for required improvements, MCL 125.584e.

A.

Unless a section of this ordinance specifically provides otherwise, any person, firm, corporation, trust, partnership or other legal entity which violates any provision of the zoning ordinance or violates any provision or condition imposed by the planning commission, city commission, or zoning board of appeals in pursuance of any ordinance provision or assigned condition, shall be responsible for a municipal civil infraction and shall be subject to fines, costs and orders as provided by law.

B.

Each day a violation occurs or continues shall constitute a separate offense, and shall make the violator liable for the imposition of a fine and other penalties for each day of violation.

C.

The owner and co-owner of any building, structure or premises which is in violation of this ordinance shall be responsible for a municipal civil infraction and shall be subject to the fines, costs and orders as provided by law.

D.

Any building or structure which is erected, altered or converted, or any use of any premises or land which is begun or changed subsequent to the effective date of this ordinance that is in violation of any of this ordinance is declared to be a public nuisance per se, and may be abated by order of a court of competent jurisdiction.

E.

Any person who violates any provision of Section 16.05.D. is responsible for a civil infraction and shall be fined not less than $2,500.00 for each violation. Any person who, after having been determined to be responsible for a violation of this article or the act, commits and is found responsible for a subsequent violation within a two-year period, shall be fined double the amount assessed for the immediate preceding violation.

F.

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

G.

Nothing herein shall be interpreted to limit the authority of the city to revoke an approval previously granted for a violation of this ordinance, which right is expressly reserved.

H.

Any person who violates Section 3.32(a) is responsible for a municipal civil infraction and shall be fined $500.00 for a first violation, $2,500.00 for a second violation, and $5,000.00 for a third or subsequent violation, as well as such other costs, damages, expenses, and sanctions as provided by Section 1-7.

(Ord. No. 3-09, § 7, 6-26-2009; Ord. No. 10-24, § 1, 7-16-2024)

State Law reference— Violation, MCL 125.587.

Should any section, clause or provision of this ordinance be declared by the courts to be invalid, the same shall not affect the validity of this ordinance as a whole or any part other than the part declared to be invalid.

The city of Kentwood, Kent County, Michigan, does hereby repeal in its entirety that certain zoning ordinance approved and adopted for the city of Kentwood, Kent County, Michigan on December 20, 1988, as amended. Nothing in this ordinance, however, shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of the zoning ordinance in effect at the time of the effective date of this ordinance.

This ordinance shall take effect on the seventh day following publication.

The foregoing ordinance was offered by Commissioner Brinks, supported by Commissioner Clanton, the vote being as follows:

YEAS: All

NAYS: None

ABSENT: None

ORDINANCE DECLARED ADOPTED.

I hereby certify the foregoing to be a true copy of an ordinance adopted at a regular meeting of the Kentwood City Commission held April 16, 2002.