The provisions of this chapter shall be administered by the city planning commission and the city council in accordance with the Municipal Planning Commission Act, Act No. 285 of the Public Acts of Michigan of 1931 (MCL 125.31 et seq.), as amended, and the City and Village Zoning Act, Act No. 207 of the Public Acts of Michigan of 1921 (MCL 125.581 et seq.), as amended.

(Ord. No. 38, § 3.1.1, 3-11-1955)

(a)

Appointment. The mayor, with the recommendation of the planning commission, shall appoint a zoning administrator, to act as its officer to effect proper administration of this chapter. The mayor shall have the power of removal of the zoning administrator. The term of employment and rate of compensation shall be established by the city council. For the purpose of this chapter, the zoning administrator shall have the powers of a police officer.

(b)

Duties. It shall be the responsibility of the zoning administrator to enforce the provisions of this chapter and in so doing shall perform the following duties:

(1)

Issue permits. All applications for zoning permits shall be submitted to the zoning administrator who may issue zoning permits and certificates of occupancy when all applicable provisions of this chapter have been complied with.

(2)

File of applications. The zoning administrator shall maintain files of all applications for building permits and for certificates of occupancy and shall keep records of all building permits and certificates of occupancy issued. These files and records shall be filed in the office of the city clerk, which files and records shall be open to public inspection. Copies shall be furnished at cost upon the request of any person having a proprietary or tenancy interest in the property involved.

(3)

Inspection. The zoning administrator shall be empowered to make inspections of buildings or premises in order to properly carry out the enforcement of this chapter.

(4)

Record nonconforming uses. The zoning administrator shall record all nonconforming uses of land existing at the effective date of the ordinance from which this chapter is derived for the purposes of carrying out the provisions of article IV of this chapter, and the zoning administrator shall further notify all affected property owners of their nonconforming status within one year from the effective date of the ordinance from which this chapter is derived by means of written communication mailed to the address of the owner of the nonconforming land use as given in the last assessment roll.

(5)

Record of complaints. The zoning administrator shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter, and of the action taken consequent to each such complaint, which records shall be public records.

(6)

Report to city council. The zoning administrator shall report to the city council periodically, at intervals of not greater than six months, summarizing for the period since the last previous report all building permits and certificates of occupancy issued and all complaints of violation and the action taken subsequent thereon. Under no circumstances is the zoning administrator permitted to make changes in this chapter, nor to vary the terms of this chapter while carrying out the duties prescribed herein.

(Ord. No. 38, §§ 3.1.2, 3.1.3, 3-11-1955; Ord. No. 43, § 1, 4-18-1977; Ord. No. 92, § 1, 5-5-1986)

The following shall apply in the issuance of any permit:

(1)

General requirements. Exclusive of farm service buildings, the excavation for any building or structure shall not be commenced; the erection of, addition to, alteration of, or moving of any building or structure shall not be undertaken; or any land shall not be used, or an existing use of land shall not be changed to a use of a different type or class, until a building permit or a certificate of occupancy has been secured from the zoning administrator. Except upon a written order of the board of appeals, no such building permit or certificate of occupancy shall be issued for any building or use of land where the construction, addition, alteration, or use thereof would be in violation of any of the provisions of this chapter.

(2)

Application requirements. There shall be submitted with all applications for zoning permits three copies of a site layout or plat plan, drawn to scale, showing:

a.

The location, shape, area and dimension of the lot.

b.

The location, dimensions, height and bulk of the existing and/or proposed structures to be erected, altered or moved on the lot.

c.

The intended uses.

d.

The proposed number of sleeping rooms, dwelling units, occupants, employees, customers and other users.

e.

The yard, open space and parking space dimensions.

f.

Any other information deemed necessary by the zoning administrator to determine and provide for the enforcement of this chapter.

(3)

Voiding of permit. Any permit granted under this section shall become null and void after one year from the date of granting such permit unless the development proposed shall have passed its first building inspection. Before voidance is actually declared, the zoning administrator shall notify the applicant of such voiding action by sending a notice to the applicant at the address indicated on the permit application at least ten days before such voidance is effective.

(4)

Inspection. The development or usage proposed by any zoning permit shall be subject to two zoning inspections; one inspection before construction begins and the other before occupancy occurs. It shall be the duty of the permit holder to notify the zoning administrator regarding times of inspection. Failure of the permit holder to make proper requests for inspection shall automatically cancel the permit, requiring the issuance of a new permit before construction may proceed or occupancy may be permitted.

(5)

Fees. Fees for inspection and the issuance of permits or certificates required under this chapter shall be collected by the city clerk in advance of issuance. The amount of such fees shall be established by the city council and shall cover the cost of inspection and supervision resulting from the enforcement of this chapter.

(Ord. No. 38, § 3.1.4, 3-11-1955)

No land shall be occupied or used, and no building shall be used or changed in use until a certificate of occupancy shall have been issued by the zoning administrator, stating that the building and its proposed use comply with the provisions of this chapter.

(1)

Certificates for existing buildings. Certificates of occupancy may be issued upon request 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 uses of land are in conformity with the provisions of this chapter.

(2)

Certificates for nonconforming uses. Any use or occupancy of any land or building not specifically permitted in its particular zoning district shall require the issuance of a certificate of occupancy for continued use. The certificate shall indicate the authorized use, the authority by which it is permitted, and any limiting conditions to such use.

(3)

Application for certificates. Application for certificates of occupancy shall be made at the time of application for building permit or, in the case of existing buildings or uses of land, by application in writing to the zoning administrator. A certificate of occupancy applied for coincidentally with an application for a building permit shall be issued at the completion of the final inspection, and in the case of existing buildings or uses of land a certificate of occupancy shall be issued within ten days after the receipt of such application if the building, structure or use of land is in accordance with the provisions of this chapter. If such certificate is refused for cause, the applicant shall be notified of such refusal in writing within the aforesaid ten-day period.

(Ord. No. 38, § 3.1.5, 3-11-1955)

The regulations and provisions stated in the text of this chapter and the boundaries of zoning districts shown on the zoning districts map of the city may be amended, supplemented or changed by the city council in accordance with Act No. 207 of the Public Acts of Michigan of 1921 (MCL 125.581 et seq.), as amended.

(Ord. No. 38, § 9.1, 3-11-1955)

Proposals for amendments, supplements or changes may be initiated by the city council on its own motion, by the planning commission, or by petition of one or more owners of property to be affected by the proposed amendment.

(Ord. No. 38, § 9.2, 3-11-1955)

Each petition by one or more owners for an amendment shall be submitted by application to the city clerk on a standard form provided. A fee as established by the city council shall be paid at the time of application to cover costs of necessary advertising for public hearing, for the use of a standard amendment sign and investigation of the amendment request. No part of such fee shall be returnable to a petitioner. No fee shall be charged if the city or any official body of the city is the moving party.

(Ord. No. 38, § 9.3.1, 3-11-1955)

The city clerk shall refer every proposed amendment, supplement or change to the planning commission for its review and recommended action. Upon its receipt of the proposed amendment, the planning commission may conduct a public hearing thereon if it determines that such a hearing would be of material assistance to it in developing the facts upon which to base its recommendations to the city council as hereinafter provided. The procedure and notice requirements with respect to such public hearing shall be as set forth in section 98-57.

(Ord. No. 38, § 9.3.2, 3-11-1955; Ord. No. 41, § 1, 4-18-1977)

The planning commission shall consider each proposal for amendment in terms of its own judgment on particular factors related to the individual proposal and in terms of the likely effect of such proposal upon the future land use plan for the city. The planning commission may recommend any additions or modifications to the original amendment proposal. The planning commission shall transmit a written recommendation within 60 days to the city council setting forth the reasons for the acceptance, denial or modification of the amendment proposal.

(Ord. No. 38, § 9.3.3, 3-11-1955)

The planning commission shall then transmit its recommendations concerning the proposed amendment to the city council; and if the city council shall deem any amendments, changes, additions or departures are advisable to the proposed text or district boundaries recommended by the planning commission, it shall refer the amendment back to the planning commission for a report thereon within a time specified by the city council. After receiving the report and before any amendments shall become effective, the city council shall conduct a public hearing on the proposed amendment. Thereafter, the city council may adopt the amendment with or without any changes or may refer the amendment again to the planning commission for further report.

(Ord. No. 38, § 9.3.4, 3-11-1955)

For any public hearing conducted by the planning commission or the city council on a proposed amendment to this chapter, the following procedure and notice requirements shall apply:

(1)

Notice of the public hearing shall be given by publishing such notice at least once in a newspaper of general circulation in the city, stating the time and place of such hearing and the substance of the proposed amendment, and in the event of a proposed change in the zoning districts map the district boundary lines affected shall also be stated. This notice shall appear in such newspaper at least 15 days prior to the date set for the public hearing. Furthermore, not less than 15 days notice of the time and place of such public hearing shall first be given by registered United States mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and a hearing be granted any person interested at the time and place specified.

(2)

Additionally, any parcel, regarding which a petition for change in zoning classification has been filed by any person, shall be posted by the petitioner for at least 15 days prior to the public hearing. The posted notices shall be provided by the zoning administrator once the planning commission sets its date for a public hearing. The posted notices shall include the following messages:

a.

The present zoning classification;

b.

The proposed zoning classification;

c.

The time and place of the public hearing; and

d.

The location where additional information may be obtained.

(3)

Notice of the proposed zoning change shall also be made by the city clerk, mailing notification by first class mail to the person or firm to whom the property is assessed, and to all persons or firms to whom property within 300 feet are assessed, provided, however, that failure to mail such notices in any particular instances shall not invalidate any zoning ordinance enacted.

(Ord. No. 38, § 9.3.5, 3-11-1955)

In case a protest against any proposed amendment to this chapter is presented in writing to the city clerk prior to the public hearing thereon, duly signed by the owners of 20 percent or more of the frontage proposed to be altered, or by the owners of 20 percent or more of the frontage directly opposite the frontage proposed to be altered or by the owners of land adjacent to 20 percent or more of either of the side lot lines of the property proposed to be altered, such amendment shall not be passed except by a three-fourths vote of all members of the city council.

(Ord. No. 38, § 9.3.6, 3-11-1955)

No application for a rezoning which has been denied by the city council shall be resubmitted for a period of one year from the date of the last denial, except on grounds of newly discovered evidence or proof of changed conditions found upon inspection by the city council to be valid.

(Ord. No. 38, § 9.3.7, 3-11-1955)

Following adoption of subsequent amendments to this chapter by the city, one notice of adoption shall be published in a newspaper of general circulation in the city within 15 days after adoption. The notice shall include the following information:

(1)

Either a summary of the regulatory effect of the amendment including the geographic area affected, or the text of the amendment.

(2)

The effective date of the amending ordinance.

(3)

The place and time where a copy of the amending ordinance may be purchased or inspected. The filing and publication requirements in this section relating to city zoning ordinances supercede Charter provisions relating to the filing and publication of city ordinances.

(Ord. No. 86, § 1, 5-3-1982)

The planning commission shall, from time to time at intervals of not more than five years, examine the provisions of this chapter and the location of zoning district boundary lines and shall submit a report to the city council recommending changes and amendments, if any, which are deemed to be desirable in the interest of public health, safety and general welfare.

(Ord. No. 38, § 9.3.8, 3-11-1955)