The Zoning Administrator, or such deputies, shall be appointed by the City Council and designated to administer and enforce the provisions of this chapter.

(Ord. 285, passed 12-8-2003)

   The Zoning Administrator shall:

   (A)   Receive and review for completeness all applications for site plan review and special use permits which the Planning Commission is required to decide under this chapter and refer such applications to the Planning Commission for determination;

   (B)   Receive and review for completeness all applications for appeals, variances, or other matters, which the Zoning Board of Appeals is required to decide under this chapter and refer such applications to the Zoning Board of Appeals for determination;

   (C)   Receive and review for completeness all applications for amendments to this chapter and refer such applications to the Planning Commission and City Council for determination;

   (D)   Make periodic site inspections of the city to determine ordinance compliance, and answer complaints on zoning ordinance violations. The Zoning Administrator shall order discontinuance of illegal uses of land, buildings, or structures; removal of illegal buildings or structures; discontinuance of any illegal work being done; and/or shall take any other action authorized by this chapter to ensure compliance with or prevent violations of its provisions;

   (E)   Grant certificates of zoning compliance, review administratively site plans, and make inspections of premises necessary to carry out administration and enforcement of this chapter;

   (F)   Implement the decisions of the Planning Commission and City Council; and

   (G)   Serve as liaison between Planning Commission and Historic District Commission.

(Ord. 285, passed 12-8-2003)

   (A)   A building permit for erection, alteration, moving, or structural repair of any building or structure shall not be issued until a certificate of zoning compliance has been issued by the City Zoning Administrator. Issuance of such a certificate shall indicate the use(s) and plans for which the permit is requested comply with this chapter.

   (B)   It shall be unlawful to use or permit the use of any building or premises, or both, or part thereof, until a certificate of zoning compliance shall have been issued by the Zoning Administrator.

   (C)   The Zoning Administrator shall maintain a record of all certificates of zoning compliance and said record shall be open for public inspection.

   (D)   Certificates of zoning compliance authorize only the use, arrangement, and construction set forth in an approved application and plans, therefore no other use, arrangement, or construction is permitted. Use arrangement or construction at variance with the authorization shall be deemed a violation of this chapter. Any change in approved plans shall occur only as provided for in this chapter and shall require issuance of an amended certificate of zoning compliance.

(Ord. 285, passed 12-8-2003) Penalty, see § 154.999

   (A)   Application. Applications for special land use permits authorized in this chapter shall be submitted to the Zoning Administrator on a form provided by the city. In addition to a complete application form, the applicant is required to pay all required fees and submit a preliminary site plan prepared in accordance with § 154.024. Incomplete submittals shall not be accepted by the Zoning Administrator.

   (B)   Procedures.

      (1)   Special land use permits may be granted by the Planning Commission at its discretion.

      (2)   The Zoning Administrator shall review the proposed application and preliminary site plan to determine if all required information has been supplied, and forward the completed application, preliminary site plan, and supporting data to the Planning Commission.

      (3)   Upon receipt of the proposed application, the Planning Commission shall hold a public hearing after the notice has been given as set forth in division (B)(4) below.

      (4)   (a)   One notice that such a request has been received shall be published in at least one newspaper of general circulation within the city. Notice shall also be sent by first-class mail or personal delivery to the owners of the property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet regardless of whether the property or occupant is located in the city. If the name of the occupant is not known, the term “occupant” may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, 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.

         (b)   The notice shall be given not less than 15 days before the date the application will be considered. The notice shall: describe the nature of the special land use request; indicate the property which is the subject of the special land use request; state when and where the special land use request will be considered; indicate when and where written comments will be received concerning the request; and the notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.

      (5)   Following the public hearing, the Planning Commission may deny, approve, or approve with conditions a request for a special land use. The decision of the Planning Commission shall be incorporated in a statement of conclusions relative to the special land use under consideration. Any decision, which denies a request or imposes conditions upon its approval, shall specify the basis for the denial or the conditions imposed.

      (6)   The Planning Commission may impose such additional conditions and safeguards deemed necessary for the general welfare, for the protection of individual property rights, and for ensuring that the purposes of this chapter and the general spirit and purpose of the district in which the special use is proposed will be observed.

   (C)   Basis of determinations. The Planning Commission shall review the proposed special use in terms of the standards stated within this chapter and shall establish that such use and the proposed location:

      (1)   Will be harmonious and in accordance with the general objectives or any specific objectives of the Master Plan;

      (2)   Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the area;

      (3)   Will not be hazardous or disturbing to existing uses or uses reasonably anticipated in the future;

      (4)   Will be an improvement in relation to property in the immediate vicinity and to the city as a whole;

      (5)   Will be served adequately by essential public services and facilities or that the persons responsible for the establishment of the proposed use will provide adequately any such service or facility;

      (6)   Will not create excessive additional public costs and will not be detrimental to the economic welfare of the city; and

      (7)   Will be consistent with the intent and purposes of this chapter.

   (D)   Duration, voiding, and extensions of permit.

      (1)   Unless otherwise specified by the Planning Commission, any special land use permit granted under this section shall be null and void unless the development proposed shall have its first building inspection within one year from the date of the granting of the permit. The Planning Commission may grant an extension thereof for good cause for a period not to exceed one year.

      (2)   The Zoning Administrator may suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued erroneously on the basis of incorrect information supplied by the applicant or his or her agent and is in violation of any of the provisions of this chapter or of any other ordinances or regulations of the city.

   (E)   Re-application. No application for a special use permit which has been denied wholly or in part shall be re-submitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or change of conditions found to be sufficient to justify reconsideration by the Planning Commission.

(Ord. 285, passed 12-8-2003)

   The Planning Commission shall have the authority to review and to approve or reject all site plans (i.e., preliminary, final, and combined site plans). Prior to the issuance of building permits or commencement of construction, site plan review and approval is required in accordance with the procedures contained in this section.

   (A)   When required.

      (1)   Site plan review is required for all proposed uses, including change of use, and certain existing uses within the city where an alteration, addition, expansion, change, or conversion constitutes an increase or reduction to the existing structure or use of more than 500 square feet or 10%, whichever is less; or would require a variance from the provisions of this chapter, regardless of its size.

      (2)   A site plan shall not be required for individual single- or two-family dwellings, or residential accessory buildings.

      (3)   The city shall not issue a building permit until a final site plan has been approved and is in effect. A use, not involving a building or structure, shall not be commenced or expanded, nor shall the Zoning Administrator or duly appointed agent issue an occupancy permit for such use until a final site plan has been approved and is in effect.

      (4)   No grading, removal of trees, or other vegetation, landfilling, or construction of improvements shall commence for any development which requires site plan approval until a final site plan is approved and is in effect, except as otherwise provided in this subchapter.

   (B)   Preliminary sketch plan.

      (1)   Administrative Review.

         (a)   The intent of this section is to permit the submittal of a preliminary sketch plan in certain specific instances where a complete site plan is not considered essential to ensure compliance with the intent and standards of this chapter. The intent is to also provide for an administrative review by city staff of Planning Commission approved site plans for compliance with conditions as imposed by the Planning Commission.

         (b)   In lieu of a complete site plan prepared in accordance with divisions (C) and (D) below, a preliminary sketch plan may be submitted for the uses or activities identified below:

            1.   Accessory uses incidental to a conforming existing use where said use does not require any variance or further site modifications;

            2.   Expansion and/or addition of 1,500 square feet or less to an existing conforming structure or use;

            3.   Alterations to off-street parking layout or installation of pavement or curbing improvements provided the total number of spaces does not change the number of parking spaces by more than 5% or to meet various federal, state, or ADA requirements;

            4.   Improvements or installation of walls, fences, lighting, or trash containers/enclosures;

            5.   Approval for establishment of a home occupation; and/or

            6.   Change of use in the Central Business District limited to a use not exceeding 2,500 square feet or a change of use in any other zoning district limited to a use not exceeding 1,500 square feet.

         (c)   1.   The procedure for administrative approval of a preliminary sketch plan shall involve the submittal of a preliminary sketch plan meeting the requirements of division (B)(2) below. Additionally, the required application form and fee shall be submitted. The Zoning Administrator shall review the preliminary sketch plan in accordance with the standards of division (D)(3). The Zoning Administrator shall make a report of administrative reviews to the Planning Commission.

            2.   The Zoning Administrator retains the option to require additional information or a complete site plan for review by the Planning Commission, particularly for sites which do not comply with previously approved site plans, sites with parking deficiencies, sites abutting residential districts, or sites experiencing problems with drainage, traffic, noise, aesthetics, or other general health and safety issues. If a complete site plan is required, the Zoning Administrator shall inform the applicant to submit a set of plans in accordance with this subchapter within 14 days of receipt of the application. The Zoning Administrator shall also have authority to refer any site plan eligible for administrative review to any consultants employed by the city for the purposes of site plan review.

            3.   The Planning Commission shall require the applicant to deposit a performance guarantee for all projects with greater than $5,000 in site improvements including, but not limited to, roadways, lighting, utilities, sidewalks, drainage, fences, walls, and landscaping. Such performance guarantee shall be deposited in accordance with § 154.027.

      (2)   Information required. The general information required for all cases includes:

         (a)   Details of the proposed changes to the use or structure in question;

         (b)   Proprietors’, applicants’, and owners’ names, addresses, and telephone numbers;

         (c)   Location map with north point indicated;

         (d)   Locations of existing landscaping, lighting, parking, if applicable, including the proposed method of refuse collection;

         (e)   Gross acreage and building figures;

         (f)   Zoning classification of petitioners’ parcel and all abutting parcels;

         (g)   An inspection of the site by both the Building Inspector and Fire Chief to ensure compliance with applicable building and fire codes. Documentation of an inspection shall be given to the Zoning Administrator; and

         (h)   Estimated cost of proposed site improvements including roadways, lighting, utilities, sidewalks, drainage, fences, walls, and landscaping.

   (C)   Preliminary site plan.

      (1)   Application. Any applicant may submit a request for preliminary site plan review by filing with the Zoning Administrator completed forms, payment of the review fee, and three copies of the preliminary site plan drawing(s) properly signed and sealed by a licensed professional. The Administrator, upon receipt of the application, shall transmit only complete submittals of the preliminary site plan drawings to the Planning Commission, city planning and engineering consultants, and any other consultants, at least 21 days prior to its next regular meeting. The purpose of such preliminary review is to confirm general compliance with city standards as well as to suggest changes, if necessary, for final site plan approval.

      (2)   Information required. Each preliminary site plan submitted for review shall provide the following information:

         (a)   Property owner and applicant name and address;

         (b)   Scale, north arrow, and date of plan;

         (c)   Location, description, dimensions, and area of the site; zoning classification; and demonstration of compliance with lot area, width, coverage, and setback requirements;

         (d)   General topography and soils information and existing natural and human-made features to be retained or removed;

         (e)   Use, location, and dimensions of proposed buildings/structures including floor area, number of floors, height, number, and type of dwelling units (where applicable);

         (f)   Proposed streets/drives including general alignment, right-of-way, surface type, and width, based on ordinance requirements for proposed use;

         (g)   Proposed parking including location and dimensions of spaces and aisles, and surface type;

         (h)   Demonstration that all barrier-free requirements have been met;

         (i)   Adjacent land uses, property owners, and zoning and location of adjacent buildings and drives/streets;

         (j)   Proposed phasing;

         (k)   Location and width of any easements on the site; and

         (l)   General description and location of proposed service facilities, including water supply facilities, sanitary sewage disposal facilities, and stormwater control facilities.

      (3)   Planning Commission action. The Planning Commission shall approve, approve with conditions, or deny the preliminary site plan within 90 days from the date of the Planning Commission meeting at which the site plan is first heard. The Planning Commission shall set forth the reason for its action in the record of the meeting at which action is taken. The time limit may be extended upon a written request by the applicant and approval by the Planning Commission.

      (4)   Effect of approval. Approval of a preliminary site plan by the Planning Commission shall indicate its general acceptance of the proposed layout of buildings, streets and drives, parking areas, other facilities, and overall character of the proposed development.

      (5)   Expiration of approval. Approval of a preliminary site plan shall be valid for a period of 180 days from the date of approval and shall expire and be of no effect unless an application for a final site plan is filed with the Zoning Administrator within that time period. The Zoning Administrator or duly appointed agent shall, within 30 days of the date of action of the Planning Commission of the preliminary site plan, transmit a written certification of such approval to the applicant.

   (D)   Final site plan.

      (1)   Application. Following approval of a preliminary site plan, the applicant shall submit to the Zoning Administrator three copies of a final site plan as well as other data and exhibits hereinafter required, the review fee, and a completed application form. The Administrator, upon receipt of the application, shall transmit only complete submittals of the final site plan drawing(s) to the Planning Commission, city planning and engineering consultants, and any other consultants, prior to its next regular meeting.

      (2)   Information required. A final site plan submitted for review and approval shall contain all of the following data presented in a clear and legible format. Site plans shall consist of an overall plan for the entire development. Sheet size shall be at least 24 inches by 36 inches with plan view drawn to a scale of no greater than one inch equals 50 feet for property less than three acres or no greater than one inch equals 100 feet for property three or more acres.

         (a)   General information.

            1.   Proprietors’, applicants’, and owners’ names, addresses, and telephone numbers;

            2.   Date of preparation, including revisions;

            3.   Scale;

            4.   North point;

            5.   Location map drawn at a scale of one inch equals 2,000 feet with north point indicated;

            6.   Architect, engineer, surveyor, landscape architect, or planner’s seal and signature;

            7.   Existing and proposed lot lines, building or structures, parking areas, drives, and the like on the parcel and within 100 feet of the site;

            8.   Centerline and existing and proposed right-of-way lines of any street;

            9.   Zoning classification of petitioner’s parcel and all abutting parcels; and

            10.   Gross acreage figure.

         (b)   Physical features.

            1.   Acceleration, deceleration, and passing lanes and approaches;

            2.   Proposed locations of access drives, street intersections, driveway locations, sidewalks, and curbing;

            3.   Location of existing and proposed service facilities above and below ground, including:

               a.   Chemical and fuel storage tanks and containers;

               b.   Water supply facilities;

               c.   Sanitary sewage disposal facilities;

               d.   Stormwater control facilities and structures; and

               e.   Location of all easements.

            4.   Location of all structures with setback, yard dimensions, and gross area;

            5.   Dimensioned parking spaces and parking and loading calculations, drives type of surfacing and on-site circulation patterns;

            6.   Details of barrier-free parking, access, and similar site features;

            7.   Dimensioned floor plans, elevations, and proposed construction materials of all proposed buildings on the site;

            8.   Proposed site lighting information;

            9.   Location and description of all existing and proposed landscaping, berms, fencing, and screening walls;

            10.   Trash receptacle pad location, size, and method of screening;

            11.   Transformer pad location and method of screening;

            12.   Dedicated road or service drive locations;

            13.   Entrance details including sign locations, types, and size;

            14.   Designation of fire lanes; and

            15.   Any other pertinent physical features.

         (c)   Natural features.

            1.   Soil characteristics of the parcel to at least the detail provided by the U.S. Soil Conservation Service, Soil Survey of Genesee County, Michigan;

            2.   Existing topography with a maximum contour interval of two feet. Areas with slopes greater than 10% (one foot of vertical elevation for every ten feet of horizontal distance) shall be delineated. Topography on the site and beyond the site for a distance of 100 feet in all directions shall also be indicated;

            3.   Grading plan, showing finished contours at a maximum interval of one foot, correlated with existing contours so as to clearly indicate required cutting, filling, and grading;

            4.   Location of existing drainage courses and associated bodies of water, on and off site, and their elevations. The location of existing wetlands and floodplains shall be included;

            5.   Location, size, and type of all single trees having a diameter breast height (d.b.h.) of four inches or greater. Wooded areas shall be delineated by symbolic lines tracing the spread of the outermost branches and shall be described as the general sizes and kinds of trees contained; and

            6.   Keyed plan outlining soil erosion and sedimentation measures to be provided.

         (d)   Additional requirements for residential developments.

            1.   Density calculations by type of unit by bedroom counts;

            2.   Designation of units by type and number of units in each building;

            3.   Carport locations and details where proposed;

            4.   Specific amount, location, and type of recreation spaces; and

            5.   Number and location of visitor parking spaces to be provided.

         (e)   Additional requirements for commercial and industrial developments.

            1.   Loading/unloading areas;

            2.   Gross floor area; and

            3.   Number of employees in peak usage.

      (3)   Standards for review. In reviewing the final site plan, the Planning Commission shall determine whether the plan meets the following specifications and standards:

         (a)   The plan conforms to the approved preliminary site plan and with all zoning ordinance regulations;

         (b)   All required information is provided;

         (c)   The proposed use will not be injurious to the surrounding neighborhood and protects the general health, safety, welfare, and character of the city;

         (d)   A proper relationship exists between major thoroughfares and proposed service drives, driveways, and parking areas. Proper access to all portions of the site and all sides of any structure is provided. All structures or groups of structures shall be so arranged as to permit emergency vehicle access by some practical means to all sides;

         (e)   The location of buildings is such that the adverse effects of such uses will be minimized for the occupants of that use and surrounding areas;

         (f)   Natural resources will be preserved to the maximum extent possible in the site design by developing in a manner which will not detrimentally affect or destroy natural features such as lakes, ponds, streams, wetlands, steep slopes, soils, groundwater, and woodlands;

         (g)   Stormwater management systems and facilities will preserve the natural drainage characteristics and enhance the aesthetics of the site to the maximum extent possible, and will not substantially reduce or increase the natural retention or storage capacity of any wetland, water body, or watercourse, or cause alterations which could increase flooding or water pollution on or off site;

         (h)   Wastewater treatment systems, including on-site septic systems, will be located to minimize any potential degradation of surface water or groundwater quality and meet county and state standards;

         (i)   Sites which include storage of hazardous materials or waste, fuels, salt, or chemicals will be designed to prevent spills and discharges of polluting materials to the surface of the ground, groundwater, or nearby water bodies in accordance with county and state standards;

         (j)   Landscaping, including grass, trees, shrubs, and other vegetation is provided to maintain and improve the aesthetic quality of the site and area; and

         (k)   The proposed use is in compliance with all city ordinances and any other applicable laws.

      (4)   Planning Commission action.

         (a)   The Planning Commission shall approve, approve with conditions, or deny the final site plan within 90 days of the date of the Planning Commission meeting at which the site plan is first heard. The time limit may be extended upon a written request by the applicant and approved by the Planning Commission. The Planning Commission may suggest and/or require modifications in the proposed final site plan as are needed to gain approval.

         (b)   In the interest of ensuring compliance with this chapter and protecting the health, safety, and welfare of the residents of the city, the Planning Commission, as a condition of final approval of the site plan, shall require the applicant to deposit a performance guarantee as set forth in § 154.027 for the completion of improvements associated with the proposed use.

      (5)   Effect of approval. Approval of a final site plan authorizes applicant to apply for a building permit, certificate of zoning compliance, and/or certificate of occupancy. A building permit, certificate of zoning compliance, and/or certificate of occupancy will not be granted for site plans approved with conditions until the remaining issues have been addressed and resolved to the satisfaction of the Planning Commission.

      (6)   Expiration of approval. Approval of a final site plan shall expire and be of no effect one year following the date of approval unless construction has begun on the property in conformance with the approved final site plan. The applicant can request a one-year extension from the Planning Commission a month prior to the date of expiration. Approval shall also expire and be of no effect unless a building permit shall have been taken out within 180 days of the date of approval of the final site plan.

   (E)   Combining preliminary and final site plans. An applicant may, at his or her discretion and risk, combine a preliminary and final site plan application for approval. In such a situation the portion of the review process concerning preliminary site plan application and review may be waived by the Planning Commission. The Planning Commission shall have the authority to require submittal of a preliminary site plan separate from a final site plan, where, in its opinion, the complexity and/or scale of the site for the proposed development so warrant.

   (F)   Amendment of approved site plan. The Zoning Administrator shall have the authority to determine if a proposed change requires an amendment to an approved final site plan. A site plan may be amended upon application and in accordance with the procedure herein for a final site plan. The Zoning Administrator may approve minor changes in an approved final site plan, provided that a revised final site plan drawing(s) be submitted showing such minor changes, for purposes of record.

   (G)   Modification of plan during construction. All improvements shall conform to the final site plan. Any changes, which result in a material alteration of the site plan approved by the Planning Commission, shall require re-submittal to the Planning Commission. The Planning Commission or Zoning Administrator may require the applicant to correct the changes so as to conform to the approved final site plan.

   (H)   Phasing of development. The applicant may, at his or her discretion, divide the proposed development into two or more phases. In such case, the preliminary site plan shall cover the entire property involved and shall clearly indicate the location, size, and character of each phase. A final site plan shall be submitted for review and approval for each phase.

   (I)   Inspection.

      (1)   The Building Inspector or the city’s designee shall be responsible for inspecting all improvements for conformance with the approved final site plan. All sub-grade improvements such as utilities, sub-base installations for drives and parking lots, and similar improvements shall be inspected and approved prior to covering. The applicant shall be responsible for requesting the necessary inspections. Prior to final site plan acceptance by the city, the site plan review checklist, approved by the Planning Commission, must be completed by the appropriate city staff documenting conformance with the final site plan.

      (2)   The Building Inspector/city’s designee shall notify the Zoning Administrator, in writing, when a development for which a final site plan is approved has passed inspection with respect to the approved final site plan. The Building Inspector/city’s designee shall notify the Zoning Administrator, in writing, of any development for which a final site plan was approved, which does not pass inspection with respect to the approved final site plan, and shall advise the Zoning Administrator of steps taken to achieve compliance. In such case, the Building Inspector/city’s designee shall periodically notify the Zoning Administrator of progress towards compliance with the approved final site plan and when compliance is achieved.

   (J)   Violations. The approved final site plan shall regulate development of the property and any violation of this subchapter, including any improvement not in conformance of the approved final site plan, shall be deemed a violation of this chapter as provided in § 154.999, and shall be subject to all penalties therein.

(Ord. 285, passed 12-8-2003; Ord. 317, passed 11-10-2008; Ord. 335, passed 3-26-2012; Ord. 365, passed 6-8-2015; Ord. 377, passed 6-27-2016; Ord. 422, passed 9-22-2025) Penalty, see § 154.999

   (A)   Intent. Pursuant to the authority conferred by the Condominium Act, being M.C.L.A. § 559.241, preliminary and final site plans shall be regulated by the provisions of this chapter and subject to review by the Planning Commission.

   (B)   General requirements.

      (1)   Each condominium lot shall be located within a zoning district that permits the proposed use.

      (2)   Each condominium lot shall front on and have direct access to a public street approved by the city.

      (3)   For the purposes of this chapter, each condominium lot shall be considered equivalent to a single lot and shall comply with all regulations of the zoning district in which located, and the provisions of any other statutes, laws, ordinances, and/or regulations applicable to lots in subdivisions.

      (4)   In the case of a site condominium containing single-family, detached dwelling units, not more than one-dwelling unit shall be located on a condominium lot, nor shall a dwelling unit be located on a condominium lot with any other principal structure or use except in a PUD district. Required yards shall be measured from the boundaries of a condominium lot.

   (C)   Site plan approval requirements. Preliminary approval of the site plan and final approval of the site plan and condominium documents by the Planning Commission shall be required as a condition to the right to construct, expand, or convert a site condominium project. No permits for erosion control, building construction, grading, or installation of public water or sanitary sewerage facilities shall be issued for property in a site condominium development until a final site plan has been approved by the Planning Commission and is in effect. Preliminary and final approval shall not be combined.

      (1)   Preliminary approval.

         (a)   A preliminary site plan pursuant to the standards and procedures set forth in § 154.024 shall be submitted to the Planning Commission for preliminary review.

         (b)   If the site plan conforms in all respects to applicable laws, ordinances, and design standards, preliminary approval shall be granted by the Planning Commission.

         (c)   If the site plan fails to conform, the Planning Commission shall either deny the application, or grant preliminary approval with conditions, provided such conditions are met before final approval.

      (2)   Final approval.

         (a)   Following preliminary approval, the applicant shall submit a final site plan pursuant to the standards and procedures set forth in § 154.024(C). In addition to the final site plan, the condominium documents shall be submitted to the city for the review by the City Attorney and other appropriate staff and consultants. The condominium documents shall be reviewed with respect to all matters subject to regulation by the city including, without limitation: ongoing preservation and maintenance of drainage, retention, wetland, and other natural and/or common areas; and maintenance of stormwater, sanitary, and water facilities and utilities.

         (b)   The applicant shall also submit engineering plans in accordance with applicable design standards for construction of the project. The city shall submit engineering plans to the City Engineer for review.

         (c)   Upon completion of the review of the condominium documents and engineering plans and receipt of the recommendations and findings from the City Attorney, and engineering and planning consultants, the site plan shall be submitted to the Planning Commission for final review.

         (d)   If the site plan, condominium documents, and engineering plans conform in all respects to applicable laws, ordinances, and design standards, final approval shall be granted by the Planning Commission.

         (e)   If the site plan, condominium documents, or engineering plans fail to conform, final approval shall be denied by the Planning Commission.

         (f)   In the interest of ensuring compliance with this chapter and protecting the health, safety, and welfare of the residents of the city, the Planning Commission, as a condition of final approval of the site plan, shall require the applicant to deposit a performance guarantee as set forth in § 154.027 for the completion of improvements associated with the proposed use.

   (D)   Required improvements.

      (1)   All design standards and required improvements that apply to a conventional residential development, shall apply to any condominium development.

      (2)   Each condominium unit shall be connected to city water, sanitary, and storm sewers, designed and constructed in accordance with city utility standards.

      (3)   (a)   Monuments shall be set at all boundary corners and deflection points and at all road right-of-way intersection corners and deflection points. Lot irons shall be set at all condominium lot corners and deflection points of condominium lot lines.

         (b)   The city may grant a delay in the setting of required monuments or irons for a reasonable time, but not to exceed one year, on condition that the developer deposit with the City Clerk cash, a certified check, or an irrevocable bank letter of credit to the city, whichever the developer selects, in an amount as determined from time to time by resolution of the Planning Commission. Such deposit shall be returned to the developer upon receipt of a certificate by a surveyor registered in the state that the monuments and irons have been set as required, within the time specified. If the developer defaults, the Planning Commission shall promptly require a registered surveyor to set the monuments and irons in the ground as shown on the condominium site plans, at a cost not to exceed the amount of the security deposit.

      (4)   Road rights-of-way shall be described separately from individual condominium lots, and shall be accurately delineated by bearings and distances on the condominium subdivision plan and the final site plan. The right-of-way shall be for roadway purposes and for the purposes of locating, installing, maintaining, and replacing of public utilities. The developer shall declare easements to the city for all public water and sanitary sewer lines and appurtenances.

      (5)   All improvements in a site condominium shall comply with the design specifications as adopted by the Planning Commission and any amendments thereto.

   (E)   Information required prior to occupancy. Prior to the issuance of occupancy permits for any condominium units, the applicant shall submit the following to the Zoning Administrator:

      (1)   A copy of the recorded condominium documents (including exhibits);

      (2)   A copy of any recorded restrictive covenants;

      (3)   A copy of the site plan on laminated photostatic copy or Mylar sheet; and

      (4)   Evidence of completion of improvements associated with the proposed use including two copies of an as-built survey.

   (F)   Revision of site condominium plan. If the site condominium subdivision plan is revised, the final site plan shall be revised accordingly and submitted for review and approval or denial by the Planning Commission before any building permit may be issued, where such permit is required.

   (G)   Amendment of condominium documents. Any amendment to a master deed or bylaws that affects the approved preliminary or final site plan, or any conditions of approval of a preliminary or final site plan, shall be reviewed and approved by the City Attorney and Planning Commission before any building permit may be issued, where such permit is required. The Planning Commission may require its review of an amended site plan if, in its opinion, such changes in the master deed or bylaws require corresponding changes in the site plan.

   (H)   Relocation of boundaries. Relocation of boundaries between adjoining condominium units, if permitted in the condominium documents, as provided in § 48 of the Condominium Act, shall comply with all regulations of the zoning district in which located and shall be approved by the Zoning Administrator. These requirements shall be made a part of the bylaws and recorded as part of the master deed.

   (I)   Subdivision of condominium lot. Each condominium lot that results from a subdivision of another condominium lot, if such subdivision is permitted by the condominium documents, as provided in § 49 of the Condominium Act, shall comply with all regulations of the zoning district in which located, and shall be approved by the Zoning Administrator. These requirements shall be made a part of the condominium bylaws and recorded as part of the master deed.

(Ord. 285, passed 12-8-2003) Penalty, see § 154.999

   From time to time, the City Council, Planning Commission, or Zoning Board of Appeals may employ planning, engineering, legal, traffic, or other special consultants to assist in the review of special use permits, site plans, rezoning, or other matters related to the planning and development of the city. The cost of said consultants shall be charged to the applicant or petitioner.

(Ord. 285, passed 12-8-2003)

   (A)   In the interest of ensuring compliance with this chapter, 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 proposed use has been submitted, the Zoning Administrator shall require the applicant to deposit a performance guarantee as set forth herein. The purpose of the performance guarantee is to ensure completion of improvements connected with the proposed use as required by this chapter including, but not limited to, streets, lighting, utilities, sidewalks, drainage, fences, screens, walls, and landscaping.

   (B)   PERFORMANCE GUARANTEE as used herein shall mean a cash deposit, certified check, irrevocable bank letter of credit, or corporate surety bond in the amount of the itemized estimated cost of the improvements to be made as determined by the applicant and verified by the city. The city shall be authorized to employ the city engineering and/or planning consultant to review cost estimates and conduct periodic inspection of the progress of improvements.

   (C)   The performance 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.

   (D)   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.

   (E)   The Zoning Administrator, 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 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 improvement.

   (F)   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.

   (G)   (1)   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 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.

      (2)   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 of 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 fees, planning consultant fees, and engineering consultant fees in completing the improvement with any balance remaining being refunded to the applicant.

      (3)   If the applicant has been required to post a performance guarantee or bond with another governmental agency other than the city to ensure 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. 285, passed 12-8-2003) Penalty, see § 154.999

   The City Council shall establish a schedule of fees, charges, and expenses, and a collection procedure, for building permits, certificates of occupancy, appeals, and other matters pertaining to this chapter. The city shall have the authority to include fees for the use of engineering, planning, legal, or other special consultants. The schedule of fees shall be posted in the city offices, and may be altered or amended only by the City Council. No permit or certificate shall be issued or special use site plan, rezoning, or variance acted upon unless or until such costs, charges, fees, or expenses have been paid in full.

(Ord. 285, passed 12-8-2003)

   (A)   Initiation of amendment. The City Council may, from time to time, amend this chapter by changing or supplementing the district map, the districts on said map, or the boundaries of such districts, district regulations, or other provisions of this chapter. An amendment may be initiated by the City Council, by an interested person(s) or their agent(s), or by the Planning Commission, and when requested by an interested party shall be accompanied by a fee in an amount established by resolution of the City Council.

   (B)   Amendment review procedure. The amendment and application materials shall be prepared in accordance with the provisions of this section, and shall be reviewed in accordance with the following procedure. Amendments or application materials that do not meet the stipulated requirements shall be considered incomplete and shall not be eligible for consideration by the Planning Commission.

      (1)   Technical review. Prior to Planning Commission consideration, the proposed amendment and application materials shall be distributed to appropriate city staff and applicable outside agencies and designated city consultants for review.

      (2)   Public hearing. A public hearing shall be held for all proposed amendments in accordance with the procedures set forth in Public Act 110 of 2006, being M.C.L.A. §§ 125.3 et seq., as amended.

      (3)   Planning Commission consideration. Subsequent to the hearing, the Planning Commission shall review the proposed amendment, together with any reports and recommendations from staff, consultants, other reviewing agencies, and any public comments. The Planning Commission shall identify and evaluate all factors relevant to the petition, including the appropriate criteria listed in this section, and shall report its findings and recommendation to the City Council.

      (4)   City Council action. Upon receipt of the report and recommendation from the Planning Commission, the City Council shall consider the proposed amendment. If determined to be necessary, the City Council may refer the amendment back to the Planning Commission for further consideration. In the case of an amendment to the official zoning map, the City Council shall approve or deny the amendment, based upon its consideration of the criteria contained in this section.

   (C)   Re-application. Whenever an application for an amendment to this chapter has been denied by the City Council, a new application for the same amendment shall not be accepted by the Planning Commission for consideration for a period of 365 days, unless, upon recommendation by the Zoning Administrator, the Planning Commission determines that one or more of the following conditions has been met:

      (1)   There is a substantial change in circumstances relevant to the issues or facts considered during review of the application that might reasonably affect the decision-making body’s application of the relevant review standards to the development proposed in the application;

      (2)   New or additional information is available that was not available at the time of the review that might reasonably affect the decision-making body’s application of the relevant review standards to the development proposed; and/or

      (3)   The new application is materially different from the prior application.

   (D)   Criteria for amendment of zoning district map.

      (1)   In considering any petition for an amendment to the official zoning districts map, the Planning Commission and City Council shall consider the following criteria in making its findings, recommendations, and decision:

         (a)   Consistency with the goals, policies, and objectives of the Master Plan and any sub-area plans. If conditions have changed since the Master Plan was adopted, consistency with recent development trends in the area shall be considered;

         (b)   Compatibility of the site’s physical, geological, hydrological, and other environmental features with the uses permitted in the proposed zoning district;

         (c)   Evidence the applicant cannot receive a reasonable return on investment through developing the property with one or more of the uses permitted under the current zoning;

         (d)   Compatibility of all the potential uses allowed in the proposed zoning district with surrounding uses and zoning in terms of land suitability, impacts on the environment, density, nature of use, traffic impacts, aesthetics, infrastructure, and potential influence on property values;

         (e)   The capacity of city’s utilities and services sufficient to accommodate the uses permitted in the requested district without compromising the health, safety, and welfare of the city;

         (f)   The capability of the street system to safely and efficiently accommodate the expected traffic generated by uses permitted in the requested zoning district; and

         (g)   The apparent demand for the types of uses permitted in the requested zoning district in the city in relation to the amount of land in the city currently zoned to accommodate the demand.

      (2)   Where a rezoning is reasonable given the above criteria, a determination shall be made that the requested zoning district is more appropriate than another district or amending the list of permitted or special land uses within a district.

   (E)   Protests.

      (1)   Upon presentation of a protest petition meeting the requirements of this division (E), an amendment to the zoning ordinance 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 Council action on the amendment, and shall meet signatory requirements of divisions (E)(1)(a) or (E)(1)(b) below:

         (a)   The owners of at least 20% of the area of land included in the proposed change; or

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

      (2)   For the purposes of this division (E), publicly-owned land shall be excluded in calculating the 20% land area requirement.

(Ord. 357, passed 6-8-2015)

   (A)   Intent. It is recognized that there are certain instances where it would be in the best interests of the city, as well as advantageous to property owners seeking a change in zoning boundaries, if certain conditions could be proposed by property owners as part of a request for a rezoning. It is the intent of this section to provide a process consistent with the provisions of § 405 of the Zoning Enabling Act, Public Act 110 of 2006, being M.C.L.A. § 125.3405, as amended, by which an owner seeking a rezoning may voluntarily propose conditions regarding the use and/or development of land as part of the rezoning request.

   (B)   Application and offer of conditions.

      (1)   An owner of land may voluntarily offer, in writing, conditions relating to the use and/or development of land for which a rezoning is requested. This offer may be made either at the time the application for rezoning is filed or may be made at a later time during the rezoning process.

      (2)   The required application and process for considering a rezoning request with conditions shall be the same as that for considering rezoning requests made without any offer of conditions, except as modified by the requirements of this section.

      (3)   The owner’s offer of conditions may not purport to authorize uses or developments not permitted in the requested new zoning district.

      (4)   The owner’s offer of conditions shall bear a reasonable and rational relationship to the property for which rezoning is requested.

      (5)   Any use or development proposed as part of an offer of conditions that would require a special land use permit under the terms of this chapter may only be commenced if a special land use permit for such use or development is ultimately granted in accordance with the provisions of this chapter.

      (6)   Any use or development proposed as part of an offer of conditions that would require a variance under the terms of this chapter may only be commenced if a variance for such use or development is ultimately granted by the Zoning Board of Appeals in accordance with the provisions of this chapter.

      (7)   Any use or development proposed as part of an offer of conditions that would require site plan approval under the terms of this chapter may only be commenced if site plan approval for such use or development is ultimately granted in accordance with the provisions of this chapter.

      (8)   The offer of conditions may be amended during the process of rezoning consideration provided that any amended or additional conditions are entered voluntarily by the owner. An owner may withdraw all or part of its offer of conditions any time prior to final rezoning action of the City Council provided that, if such withdrawal occurs subsequent to the Planning Commission’s public hearing on the original rezoning request, then the rezoning application shall be referred to the Planning Commission for a new public hearing with appropriate notice and a new recommendation.

   (C)   Planning Commission review. The Planning Commission, after public hearing and consideration of the standards for approval set forth in division (E) below, may recommend approval, approval with recommended changes, or denial of the rezoning; provided, however, that any recommended changes to the offer of conditions are acceptable to and thereafter offered by the owner.

   (D)   City Council review. After receipt of the Planning Commission’s recommendation, the City Council shall deliberate upon the requested rezoning and may approve or deny the conditional rezoning request. The City Council’s deliberations shall include, but not be limited to, a consideration of the standards for approval set forth in division (E) below. Should the City Council consider amendments to the proposed conditional rezoning advisable and if such contemplated amendments to the offer of conditions are acceptable to and thereafter offered by the owner, then the City Council shall, in accordance with the State Zoning Enabling Act, being M.C.L.A. § 125.3401, refer such amendments to the Planning Commission for a report thereon within a time specified by the City Council and proceed thereafter in accordance with said statute to deny or approve the conditional rezoning with or without amendments.

   (E)   Factors. In reviewing an application for the rezoning or land where there is an offer of conditions, factors that should be considered by the Planning Commission and the City Council shall include the following:

      (1)   Whether the proposed rezoning is consistent with the goals, policies, and future land use map of the city’s Master Plan;

      (2)   The compatibility of all the potential uses allowed in the proposed zoning district with surrounding land uses and zoning districts in terms of land suitability, impacts on the environment, density, and influence on property values;

      (3)   Whether any public services and facilities would be significantly adversely impacted by a development or use allowed under the requested rezoning. Consideration of impact on drains and roads is specifically required; and

      (4)   Whether the uses allowed under the proposed rezoning would be equally or better suited to the area than uses allowed under the current zoning of the land.

   (F)   Approval.

      (1)   If the City Council finds the rezoning request and offer of conditions acceptable, the offered conditions shall be incorporated into a formal written statement of conditions acceptable to the owner and conforming in form to the provisions of this section. The statement of conditions shall be incorporated by attachment or otherwise as an inseparable part of the ordinance adopted by the City Council to accomplish the requested rezoning.

      (2)   The statement of conditions shall:

         (a)   Be in a form recordable with the Register of Deeds of the county in which the subject land is located or, in the alternative, be accompanied by a recordable affidavit or memorandum prepared and signed by the owner giving notice of the statement of conditions in a manner acceptable to the City Council;

         (b)   Contain a legal description of the land to which it pertains;

         (c)   Contain a statement acknowledging that the statement of conditions runs with the land and is binding upon successor owners of the land;

         (d)   Incorporate by attachment or reference any diagram, plans, or other documents submitted or approved by the owner that are necessary to illustrate the implementation of the statement of conditions. If any such documents are incorporated by reference, the reference shall specify where the document may be examined;

         (e)   Contain a statement acknowledging that the statement of conditions or an affidavit or memorandum giving notice thereof shall be recorded with the Register of Deeds of the county by the owner with a copy of the recorded document provided to the city within 45 days of its recording; and

         (f)   Contain the notarized signatures of all of the owners of the subject land preceded by a statement attesting to the fact that they voluntarily offer and consent to the provisions contained within the statement of conditions.

      (3)   Upon the rezoning taking effect, the zoning map shall be amended to reflect the new zoning classification along with a designation that the land was rezoned with a statement of conditions. The City Clerk shall maintain a listing of all lands rezoned with a statement of conditions.

      (4)   The approved statement of conditions or an affidavit or memorandum giving notice thereof shall be filed by the owner with the Register of Deeds of the county. The owner shall provide a copy of the recorded document to the city within 45 days of the date of its recording. The City Council shall have authority to waive this requirement if it determines that, given the nature of the conditions and/or the time frame within which the conditions are to be satisfied, the recording of such a document would be of no material benefit to the city or to any subsequent owner of the land.

      (5)   Upon the rezoning taking effect, the use of the land so rezoned shall conform thereafter to all of the requirements regulating use and development within the new zoning district as modified by any more restrictive provisions contained in the statement of conditions.

   (G)   Compliance with conditions.

      (1)   Any person who establishes a development or commences a use upon land that has been rezoned with conditions shall continuously operate and maintain the development or use in compliance with all of the conditions set forth in the statement of conditions. Any failure to comply with a condition contained within the statement of conditions shall constitute a violation of this chapter and be punishable accordingly. Additionally, any such violation shall be deemed a nuisance per se and subject to judicial abatement as provided by law.

      (2)   No permit or approval shall be granted under this chapter for any use or development that is contrary to an applicable statement of conditions.

   (H)   Time period for establishing development or use. Unless another time period is specified in the ordinance rezoning the subject land, the approved development and/or use of the land pursuant to building and other required permits must be commenced upon the land within 36 months after the rezoning took effect and thereafter proceed diligently to completion. This time limitation may, upon written request, be extended by the City Council if:

      (1)   It is demonstrated to the City Council’s reasonable satisfaction that there is a strong likelihood that the development and/or use will commence within the period of extension and proceed diligently thereafter to completion;

      (2)   The City Council finds that there has not been a change in circumstances that would render the current zoning with statement of conditions incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy; and

      (3)   The written request shall be made to the City Council requesting the extension within six months of the end of the 36-month period.

   (I)   Reversion of zoning. If approved development and/or use of the rezoned land does not occur within the time frame specified under division (H) above, then the land shall revert to its former zoning classification as set forth in M.C.L.A. § 125.3405(2). The reversion process shall be initiated by the City Council requesting that the Planning Commission proceed with consideration of rezoning of the land to its former zoning classification. The procedure for considering and making this reversionary rezoning shall thereafter be the same as applies to all other rezoning requests.

   (J)   Subsequent rezoning of land. When land that is rezoned with a statement of conditions is thereafter rezoned to a different zoning classification or to the same zoning classification but with a different or no statement of conditions, whether as a result of a reversion of zoning pursuant to division (I) above or otherwise, the statement of conditions imposed under the former zoning classification shall cease to be in effect. Upon the owner’s written request, the City Clerk shall record with the Register of Deeds of the county in which the land is located a notice that the statement of conditions is no longer in effect.

   (K)   Amendment of conditions.

      (1)   During the time period for commencement of an approved development or use specified pursuant to division (H) above or during any extension thereof granted by the City Council, the Council shall not add to or alter the conditions in the statement of conditions.

      (2)   The statement of conditions may be amended thereafter in the same manner as was prescribed for the original rezoning and statement of conditions.

   (L)   City right to rezone. 

      (1)   Nothing in the statement of conditions nor in the provisions of this section shall be deemed to prohibit the city from rezoning all or any portion of land that is subject to a statement of conditions to another zoning classification.

      (2)   Any rezoning shall be conducted in compliance with this chapter and the State Zoning Enabling Act.

   (M)   Failure to offer conditions. The city shall not require an owner to offer conditions as a requirement for rezoning. The lack of an offer of conditions shall not affect an owner’s rights under this chapter.

(Ord. 357, passed 6-8-2015)