The Department of Inspection shall administer the provisions of this Ordinance and shall enforce such provisions with the assistance of the Police Department.

It shall be unlawful to begin the excavation for the construction, the moving, alteration, or repair, except ordinary repairs, of any building or other structure, including a fence or an accessory structure exceeding forty (40) square feet in area until the building official has issued either a Zoning Permit or a Zoning Compliance Permit for such work which includes a certification of his or her determination that plans, specifications, and the intended use for such structure do, in all respects, conform to the provisions of this Ordinance. Also, it shall be unlawful to change the type of use of land, or to change the type of use or type of occupancy of any building, or to extend any use on any lot on which there is a nonconforming use, until the building official has issued for such intended use a Zoning Compliance Permit, including a certification of his or her determination that the proposed new use does, in all respects, conform to the provisions of this Ordinance. In all cases where a building permit is required, application for a Zoning Compliance Permit shall be made coincidentally with the application for a building permit; in all other cases, it shall be made prior to that date when a new or enlarged use of a building or premises or part thereof is intended to begin. All Zoning Permit and Zoning Compliance Permit applications shall be made in writing to the building official on forms provided for that purpose. The Zoning Permit or Zoning Compliance Permit may be incorporated as part of the building permit form and issued simultaneously with the issuance of the building permit, or it may be issued separately.

(1)

The building official shall have the power to grant zoning compliance permits and certificates of occupancy and to make inspections of buildings or premises necessary to carry out his or her duties in the enforcement of this Ordinance.

(2)

Every application for a zoning compliance permit for excavation, construction, moving, alteration, or change in type of use or type of occupancy, shall be accompanied by a written statement and plans or plats, drawn to scale, showing the following in sufficient detail to enable the building official to ascertain whether the proposed work or use is in conformance with the provisions of this Ordinance:

A)

The actual shape, location, and dimensions of the lot; if the lot is not a lot of record, sufficient survey data to locate the lot on the ground.

B)

The shape, size, and location of all buildings, or other structures, to be erected, altered or moved, and of any other buildings, or other structures, already on the lot.

C)

The existing and intended use of the lot and of all structures upon it.

D)

Such other information concerning the lot, adjoining lots, or other matters as may be essential for determining whether the provisions of this Ordinance and any condition(s) of zoning approval(s) are being observed.

(3)

If the proposed excavation, construction, moving, alteration, or use of land as set forth in the application are in conformity with the provisions of this Ordinance and any condition(s) of zoning approval(s), the building official shall issue a Zoning Compliance Permit, however:

A)

Issuance of a zoning compliance permit shall in no case be construed as waiving any provision of this Ordinance.

B)

The building official under no circumstances is permitted to grant exceptions to any clause, order, or regulation contained in this Ordinance to any person making application to excavate, construct, move, alter, or use either buildings, structures, or land.

C)

The building official under no circumstances is permitted to make changes to this Ordinance or to vary the terms of this Ordinance in carrying out his or her duties as building official.

D)

The Zoning Compliance Permit shall be in addition to any building permit or other permits specifically required to be obtained by this Ordinance and shall be in addition to all permits required to be obtained by the Building Code ordinances of the City.

E)

The building official shall issue a permit when the imposed conditions of this Ordinance and any condition(s) of zoning approval(s) are complied with by the applicant.

F)

If any application for such permit is not approved, the building official shall state in writing the cause for such disapproval.

No Zoning Compliance Permit shall be issued under the provisions of this Ordinance until there shall have been paid to the City Treasurer a separate permit fee therefor in accordance with the schedule outlined in Chapter 15.56 of the Code of Ordinances.

Any Zoning Compliance Permit issued under the provisions of this Ordinance shall be valid for a period of six (6) months from the date of the issuance thereof, unless revoked prior to the termination of such six (6) month period, thereof, or as long as work is in progress, unless revoked etc.

Any permit issued under the provisions of this Ordinance may be revoked by the Department of Inspection at any time whenever the holder thereof:

(1)

shall have made any false or fraudulent statement in the application for such permit or in the exercise of such permit;

(2)

shall have violated any of the provisions of this Ordinance;

(3)

shall have failed to satisfy the requirements of this Ordinance or of any rules or approvals adopted pursuant thereto; or

(4)

shall have caused, created or maintained, in the exercise of such permit, a menace or danger to the public health, safety, or welfare.

It shall be the duty of the holder of every zoning compliance permit, building permit, or other permit to notify the Department of Inspection, in writing, of the time when such building or premises will be ready for inspection. In addition to inspections required by other ordinances of the City, at least two (2) such inspections shall be requested on all buildings. The first of these inspections shall be requested when excavation for foundations has been completed, and the second inspection shall be requested when the building is completed. In the case of sheds and garages, having an area of less than eight hundred (800) square feet, only one (1) inspection by the Department of Inspection shall be required, which inspection shall be requested as soon as wall studs are in place. Failure to notify the Department of Inspection of the time of such inspection shall automatically cancel all permits, and before re-issuing any of such permits, the Department of Inspection may require the payment of a second fee. A notice to call the attention of the holders of permits to the requirements of this section shall be printed on all permits issued. Whenever a zoning compliance permit shall be issued for the use of vacant land, an inspection of such land may be made at any time by the Department of Inspection.

No land or building, or part thereof, for which a zoning compliance permit or a building permit has been issued, shall be used or occupied unless and until after final inspection a Certificate of Compliance shall have been issued by the Department of Inspection for such new use. Certificates of Occupancy as required by the Building Code ordinances may be so prepared and worded as to include and constitute Certificates of Compliance as required by this Ordinance, in which case the same shall be designated as a Certificate of Compliance and Occupancy. The issuance of either a Certificate of Compliance or Occupancy shall not be construed as waiving any provision or requirement of this Ordinance.

The Chief Building Inspector or Acting Chief Building Inspector may issue a Temporary Certificate of Occupancy for a portion of a building in process of erection or alteration, provided that such certificate shall not be effective for longer than six (6) months; provided further, that such portion of the building is in conformity with the provisions of this Ordinance and provided further, that the applicant has agreed in writing to comply with all of such provisions as to the entire building.

Application for any certificate authorized by the provisions of this Ordinance shall be made in writing to the Department of Inspection on forms furnished by the Department and such certificate shall be issued within thirty (30) days after receipt of such application if it is found that the building, or part thereof, or the use of land is in accordance with the provisions of this Ordinance. If such certificate is refused, the applicant shall be notified of such refusal and the reasons therefor.

(Ord. of 2-14-2023)

A record and copy of each permit and of each certificate issued pursuant to the provisions of this Ordinance shall be kept on file in the office of the Department of Inspection and copies shall be furnished to any person having a proprietary or tenancy interest on payment to the City Treasurer of a fee of one dollar ($1.00) each. A record of all applications shall likewise be kept on file in said office.

Any business or establishment which has requested and received an exception to the barrier free design requirements from the State Barrier Free Design Board, pursuant to the provisions of Act I, Public Acts of Michigan of 1966, MCL 125.1351 et seq., as amended, shall post a copy of the Final Order issued by the State Barrier Free Design Board in a conspicuous location in a public area of the building for examination by the public. The copy of the Final Order shall be exhibited at all times at such location and shall be required to be posted in this manner regardless of whether the Final Order was issued prior to or subsequent to the enactment of this section.

(1)

Appointment and Duties. The City Planning Commission is hereby appointed by the City Council to perform the duties of the Commission specified in Act 33, Public Acts of Michigan of 2008, MCL 125.3801 et seq., as amended; is hereby designated as such Commission; and is authorized to perform such duties. The City Planning Commission is hereby vested with all powers and duties given to a City Planning Commission by the laws of the state, together with such other powers and duties as are given to such Commission by the provisions of this Ordinance, including authority to act on all matters requiring the approval or action of such Commission.

(2)

Authority to Grant Waivers and Approve Uses. Wherever in this Ordinance the lawful exercise or existence of a use requires the review of a waiver or a conditional use and submission of findings by the City Planning Commission and approval by the City Council, the Commission is hereby authorized and directed, upon application or petition by an owner or property owners, to investigate the matters relating to the requested waiver or use approval, to conduct a public hearing thereon, to make a determination, to either recommend approval or denial of the requested waiver or use approval, and to do all other things reasonably necessary or incidental to the making of such investigation or determination.

(3)

Applications and Petitions; Filing Fee. Each application for a waiver or conditional use approval filed by a property owner or owners shall be accompanied by a filing fee as determined by the schedule outlined in Chapter 15.56 of the Code of Ordinances.

(4)

Applications and Petitions; Filing, Form and Contents. All applications and petitions for waivers or use approvals shall be in writing, signed, notarized, and filed in triplicate with the City Clerk and, if in the proper form, shall be immediately forwarded by the City Clerk to the City Planning Commission. All such applications and petitions, without limiting the right to file additional material, shall contain at least the following:

A)

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.

B)

The waiver use or other use sought to be recommended;

C)

A fully dimensional map showing:

i)

The land upon which the proposed use is to be located, including the location of the use on such land and dimensions indicating the front, side and rear setback lines to be maintained.

ii)

The location and arrangement of parking areas and spaces.

iii)

A legal description of the property to be considered.

iv)

The zoning classification of the property together with the zoning classification of all property located within five hundred (500) feet of such property as measured from all of its property lines.

v)

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

vi)

All existing uses within five hundred (500) feet of any property line of the property to be considered.

vii)

The lot lines and their dimensions.

viii)

The area of the property.

ix)

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

D)

The applicant shall also furnish such other surveys, plans or other information as may be reasonably required by the Commission for the proper evaluation and consideration of the matter.

(5)

Hearings; Notice. Prior to conducting a hearing as required in Section 13.13(2), or by any other provision of this Ordinance, the City Planning Commission shall cause notice of such hearing to be given as required by law for public hearings concerning zoning matters. In the case of public hearings on waiver use petitions pursuant to Section 13.15, Section 13.15(5), notice of the hearing shall be provided as set forth in that Section. Failure of any person to receive any notice required to be sent under the provisions of this section shall not invalidate any such proceedings provided that the notice has been given as required herein.

(6)

General Waiver Requirements and General Standards. Where this Ordinance empowers the City Planning Commission to review waivers or approval of conditional uses to be approved by the City Council, such waiver or use shall be approved only where the proposal complies with all of the special requirements for the waiver or use sought to be approved, except that any or all requirements may be waived or modified by a separate resolution, specifically delineating the requirement(s) waived or modified, in which two-thirds (⅔) of the members of the City Council concur. Whether or not any condition is waived, all such proposals must comply with all of the following general standards:

A)

The proposed use must be of such location, size, and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood.

B)

The location and size of the proposed use or uses, the nature and intensity of the principal use and all accessory uses, the site layout and its relation to streets giving access to it, shall be such that traffic to and from the use and uses, and the assembly of persons in connection therewith, will not be hazardous or inconvenient to the neighborhood nor unduly conflict with the normal traffic of the neighborhood. In applying this standard, the Commission shall consider, amongst other things: convenient routes for pedestrian traffic, particularly of children; the relationship of the proposed use to main traffic thoroughfares and to streets and road intersections; vehicular turning movements in relation to routes of traffic flow; location and access of off-street parking and provisions for pedestrian traffic with particular attention to minimizing child-vehicle contact in residential districts; and the general character and intensity of the existing and potential development of the neighborhood.

C)

The location and height of buildings or structures and the location, nature, and height of walls and fences must be such that the proposed use will not have a detrimental effect upon the neighboring property or the neighboring area in general, nor impair the value of neighboring property, nor interfere with or discourage the appropriate development and use of adjacent land or buildings or unreasonably affect their value.

D)

The standards of density and required open spaces for the proposed use shall be at least equal to those:

i)

required in the zoning district in which the proposed use is to be located or

ii)

unless they have been specifically waived as set forth above, those prescribed in the special requirements relating to the proposed use, whichever is the greater.

E)

The location, size, intensity, site layout, and periods of operation of any such proposed use must be designed to eliminate any possible nuisance likely to emanate therefrom which might be noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke, or lights. Such design shall provide for (but shall not be limited to) the following:

i)

Facilities for the storage of refuse for subsequent disposal which shall be concealed and contained in such a manner that they will be screened from public view and will prevent the emission of noxious odors and the attraction of insects and vermin.

ii)

All mechanical equipment, such as (but not limited to) air conditioning and heating units which shall be located and concealed so as to be completely screened from public view; provided, however, that the location and method of containment and concealment of refuse storage facilities and mechanical equipment shall be subject to the review and recommendation of the Planning Commission and approval by the City Council.

F)

The proposed use must provide for proper yard space, parking facilities, loading space, percentage of lot coverage, protective walls, size of buildings, lot area and width and other requirements of this Ordinance.

G)

The proposed use must be in accord with the spirit and purpose of this Ordinance and not be inconsistent with or contrary to the objectives sought to be accomplished by this Ordinance and principles of sound planning.

H)

Any building proposed to be erected or any addition thereto shall be designed by an architect or professional engineer registered by the State of Michigan or by a state having a reciprocal agreement with the State of Michigan; provided, however, that no building shall be erected, placed, expanded or externally altered on any lot or parcel for which a site plan therefor is required pursuant to Section 5.01 and Section 13.13(12) of this Ordinance until the exterior design of which has been reviewed and approved as to materials and harmony of design and colors with existing and planned buildings by that City body having the authority to grant final site plan approval as designated in Section 5.01 and Section 13.13(12) of this Ordinance.

I)

No building shall be erected, placed or expanded on any lot or parcel for which a site plan therefor is required pursuant to Section 5.01 and Section 13.13(12) of this Ordinance until a landscape plan has been reviewed and approved by that City body having the authority to grant final site plan approval as designated in Section 5.01 and Section 13.13(12) of this Ordinance; provided, however, that the area proposed to be landscaped as illustrated on the landscape plan shall not be less than fifteen (15) percent of the total area of the lot or parcel exclusive of public right-of-way as shown on the Future Transportation Map; provided further, however, that such minimum area requirement may be waived by that City body having the authority to grant final site plan approval as designated in Section 5.01 and Section 13.13 (12) of this Ordinance. The landscape plan shall identify all plant materials as to species, quantity and size upon installation and all other landscape materials shall be similarly identified on the plan. Tree species shall be from the Approved Tree Species list as identified in Article X.

(7)

City Body Having the Authority to Grant Final Site Plan Approval. That City body having the authority to grant final site plan approval as designated in Article V and Section 13.13(12) of this Ordinance, in acting on any request for a waiver use, approval of a conditional use, or approval of a site plan, may attach any conditions to their approval which they determine are necessary to accomplish the reasonable application of the special requirements and the foregoing standards. Compliance with such conditions shall be a prerequisite to the issuance of a Certificate of Compliance or Occupancy, and the violation of any such condition shall be deemed a violation of this Ordinance.

(8)

Mayoral Veto. Any waiver use or conditional use approval shall be subject to mayoral veto as set forth in the City Charter, provided that:

A)

The mayor has participated in any council hearing(s) held with respect to the petition for waiver or conditional use;

B)

The mayor shall apply the standards applicable in the City Council's review of said petition; and

C)

Any veto shall be incorporated in a statement of conclusions relative to said petition, specifying the basis for the veto.

(9)

Determination. Each determination or recommendation made by the City Planning Commission under the provisions of this Ordinance shall be in the form of a resolution, copies of which shall be furnished to any party on request.

(10)

Appeal to City Council; Filing Fee; Hearing and Notice. Any applicant or petitioner aggrieved by a recommendation and findings of fact by the City Planning Commission that results in a denial of any application or petition may file an appeal with the City Council requesting a reversal of such recommendation and/or findings. In order for such appeal to be heard by the City Council, the same must be filed with the City Clerk, in writing, no more than ten (10) business days from the Commission's determination and shall specify the grounds thereof. Each request for appeal shall be accompanied by a filing fee. Upon receiving such an appeal, the City Clerk shall immediately forward the same to the City Council. The City Council shall thereafter fix a reasonable time for a hearing of the appeal and the City Clerk shall give due notice of such hearing and the date thereof in the same manner and to the same extent as was given prior to the hearing before the Commission. The City Council shall make a determination of the appeal by resolution and such determination shall be final.

(11)

Rules of Procedure. The City Planning Commission is hereby authorized to make rules of procedure consistent with the statutes of Michigan and the provisions of this Ordinance.

(12)

Site Plan Review and Approval.

A)

Authority. No condominium or site condominium shall be developed in an N1, N2, or RUF district, nor shall any building be constructed or expanded in an NM1, NM2, NM3, C-1, C-2, C-3, or C-4 district, nor shall any parking lot be constructed or expanded in a P district, nor shall any building be constructed or expanded in an ML, M-1 or M-2 district which abuts a residential district, unless a site plan therefor has been reviewed by the City Planning Commission and approved by the City Council.

B)

Staff Review. Prior to Planning Commission or City Council consideration, the site plan and application may be distributed to appropriate City departments, staff, and any consultants for review and comment. If deemed necessary, the plans may also be submitted to applicable outside agencies for review and comment. After written comments are obtained from City departments, staff, consultants, and outside agencies, a Staff Review meeting may be held with the applicant, Planning Director, City departments, staff, and consultants to discuss review comments and address concerns raised. After the Staff Review meeting, the Planning Director shall determine if the site plan application is ready to proceed for Planning Commission review.

C)

Planning Commission Review. The Planning Commission shall review the site plan, together with any reports and recommendations from staff, consultants, and other reviewing agencies and any public comments. The Planning Commission is authorized to postpone, approve, approve subject to conditions, or deny the site plan as follows:

i)

Postponement. Upon determination by the Planning Commission that a site plan is not sufficiently complete for approval or denial or upon a request by the applicant, the Planning Commission may postpone consideration until a later meeting.

ii)

Denial. Upon determination that a site plan does not comply with the standards and regulations set forth in this Ordinance or would require extensive revisions to comply with the standards and regulations, the site plan shall be denied. If a site plan is denied, a written record shall be provided to the applicant listing the reasons for such denial. In instances where Planning Commission denies a Site Plan this decision can be appealed to City Council pursuant to Section 13.13(10).

iii)

Approval. Upon determination that a site plan is in compliance with the requirements of this Ordinance and other applicable ordinances and laws, the site plan shall be approved.

iv)

Approval Subject to Conditions. The Planning Commission may approve a site plan, subject to one or more conditions necessary to address minor modifications to the site plan, ensure that public services and facilities can accommodate the proposed use, protect significant natural features, ensure compatibility with adjacent land uses, or otherwise meet the intent and purpose of this Ordinance. Such conditions may include the need to obtain variances or approvals from other agencies.

D)

Final Site Plan Review. Except as provided below, the City Council shall review the final site plan, together with any reports and recommendations from the Planning Commission, staff, consultants, and other reviewing agencies and any public comments. The City Council shall then make a determination to postpone, deny, approve, or approve subject to conditions based on the requirements of this Ordinance. Amendments to Site Plans previously given final approval by the Planning Commission shall be reviewed and approved by the Planning Commission.

E)

Submittal Requirements. The site plan shall be drawn to scale and shall contain the following information. The Planning Department shall have the discretion to modify site plan information requirements based on site specific development characteristics.

Site Plan Required Information.

•

Site dimensions including road right-of-way and building setback lines.

•

Public or private easements, protective walls (existing and/or proposed) and existing trees.

•

Any significant topographic features (existing and proposed).

•

Relationship of ingress and egress to thoroughfares, showing traffic patterns into the site from the same including ultimate pavement width, deceleration lanes and the like.

•

On-site traffic circulation, parking areas (including size of parking bays, aisles, lighting materials, surface materials, and striping of parking lots surface to delineate parking bays).

•

All landscape treatment of the site, including the labeling of all materials as to type and size, when installed.

•

The location of signs (existing and/or proposed), and an indication of their size, height, and design.

•

Title and date of plan, including the date and nature of all subsequent revisions.

•

North arrow and scale.

•

Zoning classification of the petitioner's parcel and all abutting parcels.

•

The location and height of all existing and proposed structures on and within 100 feet of the subject property.

•

A schedule of parking needs. Separate drawings may be submitted to indicate usable floor areas, etc. for computation of parking needs. Each individual parking space shall be indicated including typical parking space dimensions for regular and handicapped spaces and type of lot surfacing.

•

The location of all waste and recycling receptacles and the location, height and type of fences and walls to screen receptacles.

•

Location of existing and proposed fire hydrants, water mains, pump houses, stand pipes, building services, and sizes including proposed connections to public sewer or water supply systems and/or considerations for extensions to loop other public water mains in adjacent public rights-of-way.

•

Front, rear, and side elevations of proposed buildings, a color rendering, and proposed type of building materials, roof design, projections, canopies and overhangs, screen walls and accessory buildings, and any other outdoor mechanical equipment, i.e., air conditions, heating units, etc.

•

The location and type of outdoor lighting, proposed illumination patterns (including a photometric plan), a manufacturer cut sheet detailing lighting specifications, aesthetic appearance, and method of screening to prevent glare onto adjacent properties.

•

The location of any outdoor storage of material(s) and the manner in which it shall be screened or covered.

•

With nonresidential proposals, the number of offices, number of employees, the number of floors, typical floor plans, and the gross and usable floor area shall be provided.

•

For sites with regular truck traffic, a truck circulation diagram indicating the type and volume of truck traffic anticipated at the site and defining all truck access and circulation lanes and truck loading/unloading areas on the site plan.

F)

Outside Agency Permits or Approvals. The applicant shall be responsible for obtaining all necessary permits or approvals from applicable outside state and county agencies. All federal, state, and local laws and ordinances shall be met, and no unresolved negative comments issued by any governmental agency or public utility shall exist prior to the issuance of a certificate of occupancy.

G)

Limitation.

i)

Whenever the City Council shall have approved a site plan, such approval shall continue and be valid for a period of one (1) year only from the date of such action. If the applicant does not obtain a building permit or obtain an extension of time, the site plan approval shall be deemed null and void at the expiration of said period. Site plan approvals granted to applicants shall be construed as running with the land and shall not be transferable or assignable.

ii)

If the City Council approves a site plan conditional upon the petitioner submitting additional information such as, but not limited to, revised site plans, landscape or signage plans, said information must be submitted to the City for review within sixty (60) days from the date of approval of the site plan unless more time is granted by the City Council. If the additional information is not submitted, no building permits shall be issued by any city department for work or improvements at the subject site.

H)

Implementation. An approved site plan shall be immediately transmitted to the Inspection Department, and all non-building improvements such as, but not limited to, landscaping, parking lots, parking spaces, walkways, screen walls and exterior lighting required by such site plan shall be completed prior to the issuance of a Certificate of Occupancy; provided, however, that a temporary Certificate of Occupancy may be issued in the event that such completion is impractical or impossible provided that a performance bond in the form of a cash bond or irrevocable bank letter of credit covering the estimated total cost of such improvements or parts thereof is deposited with the Inspection Department prior to the issuance of such temporary Certificate of Occupancy; provided further, however, that in no event shall a final Certificate of Occupancy be issued until all improvements have been completed. All improvements, when completed, shall thereafter be maintained with materials equal to or greater than the quality of the materials originally installed.

(13)

Waiver or Use Approval; Limitation. Whenever the Commission or City Council grants a waiver or approves of a conditional use upon original application or appeal, such waiver or approval shall continue and be valid for a period of one (1) year only from the date of such action. If the applicant does not obtain a building permit and commence construction within that period or obtain an extension of time, the waiver or use approval shall be deemed void at the expiration of said period. Unless otherwise specified as a condition in the approving resolution of City Council, waivers and use approvals granted to applicants shall be construed as running with the land.

(Ord. of 4-18-2022; Ord. of 2-14-2023)

(1)

Creation of Board. A Board of Appeals consisting of seven (7) members is hereby created pursuant to the provisions of Section 5, Act 207, Public Acts of Michigan of 1921, as well as Act 110 of 2006, MCL 125.3101 et seq., as amended. Said board shall be known as the Board of Appeals.

(2)

Appointment of Members. The members of the Board of Appeals shall be appointed by the City Council; provided, however, that those persons who are acting as members of the Board of Appeals under the provisions of Ordinance No. 543, as amended, of the City of Livonia, having been duly appointed as members of such Board by the City Council, and who are so acting immediately prior to the time this Ordinance becomes effective, shall automatically become members of the Board of Appeals created under the provisions of Section 13.14(1) of this Ordinance, are hereby appointed as such at the time this Ordinance becomes effective, and shall hold their respective offices for respective periods of time equivalent to their respective unexpired terms as members of the Board of Appeals, created under the provisions of Ordinance No. 543, as amended.

(3)

Term of Office. Each member of the Board of Appeals shall be appointed for a term of three (3) years; provided, however, that the first members of such Board to be appointed shall hold their respective offices for the period provided in Section 13.14(1) of this Ordinance; and thereafter two (2) members shall be appointed each year, each for the full three (3) year term; provided, however, that every three (3) years there shall be three (3) members appointed for the full three (3) year term.

(4)

Officers. The Board of Appeals shall annually elect from among its members a Chairman, Vice-Chairman, Secretary and such other officers as it may determine, who shall each hold office for one (1) year and until his or her successor is duly elected.

(5)

Compensation. The City Council may authorize by Council resolution the remuneration of the members of the Board for attendance at each meeting of the Board.

(6)

Powers of Board. The Board of Appeals shall have all powers and authority granted by State Law together with such other powers and duties as are given to such Board by the provisions of this Ordinance, including the following specific powers:

A)

Administrative Review. To hear and decide appeals where it is alleged by the applicant that there is an error in any order, requirement, permit, decision, or refusal made by the building official or any other administrative official in enforcing the provisions of this Ordinance.

B)

Variances. To authorize, upon an appeal filed by the legal or equitable owner of property, a variance from the strict application of the provisions of this Ordinance where existing conditions or factors would result, by strict application of the provisions of this Ordinance, in peculiar or exceptional practical difficulties to, or exceptional or undue hardship upon, the owner of such property, provided that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this Ordinance. In granting a variance, the Board of Appeals may attach thereto such condition regarding the location, character, and other features of the proposed building, structure, or use as it may deem reasonable. Compliance with such conditions shall be a prerequisite to the issuance of a Certificate of Compliance or Occupancy and the violation of any such condition shall be deemed a violation of this Ordinance.

C)

Other Powers:

i)

In those cases where a district boundary line divides a lot of record, the Board shall have the power to permit the extension of a use permitted on the less restricted portion of such a lot to that portion of said lot which lies in the more restricted district, provided that such extension shall be made for a distance of not to exceed fifty (50) feet beyond the district boundary line in any case.

ii)

The Board shall also have the authority to hear and decide all matters referred to it or upon which such Board is required to pass under this Ordinance, including the power to reverse, affirm, in whole or in part, or modify the order, requirement; decision or determination appealed from and may make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the officer from whom the appeal is taken.

D)

Rules. To adopt and enforce rules of procedure consistent with the statutes of the State of Michigan, the Charter of the City of Livonia and the provisions of this Ordinance.

(7)

Application of Variance Power. No variance in the application of the provisions of this Ordinance shall be allowed by the Board of Appeals relating to buildings, land, or premises now existing or to be constructed, except in cases involving practical difficulties or unnecessary hardships when the evidence in the official record of the appeal from a decision or order of the building official supports the following affirmative findings:

A)

That the alleged hardships and practical difficulties, or both, are exceptional and peculiar to the property of the person requesting the variance, and result from conditions which do not exist generally throughout the City.

B)

That the alleged hardships and practical difficulties, or both, which will result from a failure to grant the variance, include substantially more than mere inconvenience, inability to attain a higher financial return, or both.

C)

That allowing the variance will result in substantial justice being done, considering the public benefits intended to be secured by this Ordinance, the individual hardships that will be suffered by a failure of the Board to grant a variance, and the rights of others whose property would be affected by the allowance of the variance.

D)

That the variance, if granted, will not adversely affect the purpose or objectives of the Master Plan of the City of Livonia.

The above findings of fact shall be made by the Board of Appeals which is not empowered to grant a variance without an affirmative finding of fact on the categories above.

(8)

Limitations on the Powers of the Board of Appeals. Every decision of the Board of Appeals shall be based upon finding of fact and every finding of fact shall be supported in the record of the proceedings of the Board. Nothing contained herein shall be construed to empower the Board of Appeals to change the terms of this Ordinance, or effect changes in the Zoning Map.

(9)

Appeal Procedure.

A)

Notice of Appeal. An appeal may be taken by any person aggrieved or by an officer, department, board, or Department of the City of Livonia. Such appeal shall be taken within such time as shall be prescribed by the Board of Appeals by rule, by the filing with the officer from whom the appeal is taken and with such Board of a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

B)

Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the Board of Appeals, after the notice of appeal shall have been filed with him or her, that by reason of facts stated in the certificate, a stay would in his or her opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by the Circuit Court on application, on notice to such officer, and on due cause shown.

C)

Hearing on Appeal. The Board of Appeals shall fix a reasonable time for the hearing of an appeal and give due notice thereof as required by law for public hearings concerning zoning matters, and shall decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney.

D)

Official Record of Appeal. The Board of Appeals shall prepare an official record for each appeal and shall base its decision on this record. The official record shall include:

i)

The relevant administrative and historical records and any administrative orders issued thereon relating to the appeal.

ii)

The notice of appeal.

iii)

Such documents, exhibits, photographs, or written reports as may be submitted to the Board for its consideration.

E)

Determination of Appeal. The concurring vote of a majority of the members of the Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant any matter upon which the Board is required to pass under this Ordinance or to effect any variation of this Ordinance except that a concurring vote of two-thirds (⅔) of the members of the Board shall be necessary to grant a variance from uses of land permitted in this Ordinance.

F)

Recording of Determination. The requisite written findings of fact, the conditions attached, and the decisions and orders by the Board in disposing of the appeal shall be entered into the official record after they have been authenticated by the signature of the chairman of the Board and after written notice of the disposition of the appeal has been served, either in person or by mail, upon the parties to the appeal, the building official, and the City Clerk. The completed official records of appeals shall be filed in the Inspection Department.

(10)

Filing Fees. Each application for appeal shall be given a number and shall be accompanied by a filing fee as determined by the schedule outlined in Chapter 15.56 of the Code of Ordinances.

(11)

Meetings and Records of Board. At least one (1) regular meeting shall be held each month by the Board of Appeals, as provided in the rules of the Board. Special meetings may be called by the chairman or any three (3) members. All regular meetings and all hearings shall be public. The Board shall keep minutes of its meetings, which shall be a public record. The chairman, or in his or her absence, the vice-chairman may administer oaths and compel the attendance of witnesses.

(12)

Pending Matters. All petitions, appeals and other matters pending at the time this Ordinance becomes effective, before the Board of Appeals, created and existing under the provisions of Ordinance No. 543 of the City of Livonia, shall continue before the Board of Appeals, created by Section 13.14(1) of this Ordinance, and said Board shall hear, determine and dispose of such petitions, appeals and other matters with the same effect as if such petitions, appeals, and other matters had been duly filed with said Board of Appeals.

(1)

This Ordinance may be amended from time to time pursuant to the provisions of PA 110 of 2006 (MCL 125.3405, as amended). All amendments shall be made in the manner provided in this section and in Section 3.01, Section 3.01(4) of this Ordinance. Proceedings to amend this Ordinance or the Zoning Map of the City of Livonia shall be initiated or commenced by any one or more of the following methods:

A)

By resolution of the Council wherein the question whether or not a particular amendment should be made is referred by the Council, on its own motion, to the City Planning Commission and wherein such commission is requested to hold a public hearing on the question and to thereafter make a report and recommendation to the Council.

B)

By resolution of the City Planning Commission wherein such commission, on its own motion, provides for a public hearing on the question whether or not a particular amendment should be made and for a report and recommendation thereon to the Council.

C)

By written application in triplicate, addressed to the Council, duly signed by the legal or equitable owners of fifty percent (50%) or more of the frontage in any district or part thereof, duly acknowledged by each owner substantially in accordance with the statutory provisions for acknowledgment of deeds, and accompanied by the filing fee hereinafter fixed.

(2)

Procedure for Amendment Applications. Where an application is presented by a property owner or owners, pursuant to Section 13.15(1), Section 13.14(1)C), the following procedure and requirements shall be observed in every case:

A)

Filing of Applications. All applications shall be in writing, signed before a notary, and filed in quadruplicate with the City Clerk for presentation to the City Council.

B)

Contents of Applications. All applications for amendments to this Ordinance, without limiting the right to file additional material, shall contain at least the following:

i)

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.

ii)

The nature and effect of the proposed amendment.

iii)

The existing zoning classification of such property.

iv)

The change or amendment desired.

v)

A complete legal and common description of the property sought to be rezoned.

vi)

If the proposed amendment would require a change on the zoning map, a fully dimensional area map drawn at a scale of four hundred (400) feet to one (1) inch with a north point, dated, key to symbols, if used, section numbers and showing:

a)

The land which would be affected by the proposed amendment;

b)

A legal description of such land;

c)

A common description of such land;

d)

The present zoning classification of the land;

e)

The zoning classification of all abutting zoning districts;

f)

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

g)

The dimension of land sought to be rezoned;

h)

The proposed land uses in land sought to be rezoned; and

i)

The structures and existing land use on all property adjacent to the subject parcel and on such other property as may, in the City Planner's determination, be necessary to properly reflect the existing character of the surrounding neighborhood.

(3)

Fees for Amendment Applications. Each application presented by a property owner or owners to have property rezoned pursuant to Section 13.15(2)—(5) shall be accompanied by a publication fee in the amount specified in Chapter 15.56 of the Code of Ordinances.

(4)

Designation of Proceedings. Each proceeding, whether originating by resolution or application, shall be designated as a "petition" and given a number by the City Clerk. All such petitions shall be approved as to form by the Department of Law before action is taken thereon by the City Planning Commission, in the case of those petitions initiated by resolution; and before forwarding to the City Council, where initiated by application.

(5)

Standards of Review for Amendments. In considering any petition for an amendment to the text of this Ordinance or to the Zoning Map, the Planning Commission and City Council shall consider the following criteria that apply to the application in making findings, recommendations, and a decision. The Planning Commission and City Council may also take into account other factors or considerations specific to the subject matter of the proposed amendment.

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)

Consistency with the basic intent and purpose of this Zoning Ordinance.

C)

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

D)

The capacity of the 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.

E)

That conditions have changed since the Zoning Ordinance was adopted or there was an error in the Zoning Ordinance that justifies the amendment.

F)

That the amendment will not be expected to result in exclusionary zoning.

G)

If a rezoning is requested, compatibility of the site's physical, geological, hydrological and other environmental features with the uses permitted in the proposed zoning district.

H)

If a rezoning is requested, 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.

I)

If a rezoning is requested, the boundaries of the requested rezoning district will be reasonable in relationship to surrounding zoning districts, and construction on the sites will be able to meet the dimensional regulations for the requested zoning district.

J)

If a rezoning is requested, the requested zoning district is considered to be more appropriate from the City's perspective than another zoning district.

K)

If a rezoning is requested to allow for a specific use, rezoning the land is considered to be more appropriate than amending the list of permitted or special land uses in the current zoning district to allow the use.

L)

If a rezoning is requested, the requested rezoning will not create an isolated or incompatible zone in the neighborhood.

(6)

Action by City Planning Commission; Notice; Public Hearing. The City Council, on receipt of a petition for amendment from the City Clerk, shall forthwith refer such petition to the City Planning Commission. The Commission shall cause a complete study of the petition to be made by the Planning Director, shall review the request contained in the petition, and shall within sixty (60) days recommend to the City Council such action as the Commission deems proper. The Commission shall hold a public hearing on such petition before making its recommendation and notice thereof shall be given to the same extent as is provided for the public hearing required to be held by the City Council. At least fifteen (15) days prior to the public hearing the applicant shall erect a four foot by four foot (4' x 4'), two (2) sided sign on the property proposed to be rezoned with an insert containing the following information:

A)

At the top of the sign the following words shall appear: "This property is proposed to be rezoned," followed by the present zoning district at the time of the petition and the proposed or requested zoning district sought. The full name of the zoning districts shall be used as, for example, RUF, rural urban farm.

B)

The name and address of the real party requesting the zoning change.

C)

The proposed use of the land or building if the request for rezoning is successful.

D)

The phone number at City Hall where interested persons can call for further information.

The sign shall be erected in a location one (1) foot behind the right-of-way line perpendicular to the adjoining street(s) and clearly observable by passersby on the adjoining street(s). The sign shall remain up until the application process is completed and shall thereafter be removed by the petitioner within thirty (30) days.

(7)

Action by City Council; Notice; Public Hearing. The City Council shall, after receipt of the report and recommendation from the City Planning Commission, either approve or reject the recommendation of the Commission and either grant or refuse the requested amendment; provided, however, that a public hearing shall be held by the City Council, for which notice shall be given as required by law for public hearings concerning zoning matters, before the adoption of any amendment to this Ordinance. The City Council's approval of any amendment hereunder shall be subject to mayoral veto as set forth in the City Charter.

(8)

Effect of Protest to Proposed Amendment. In case a protest against any proposed amendment to the Zoning Map be presented in writing to the City Council prior to the adoption by the Council of the Ordinance which protest is duly signed by the owners of at least twenty percent (20%) of the area of land included in the proposed change, or by the owners of at least twenty percent (20%) of the area of land included within an area extending outward one hundred (100) feet from any point on the boundary of the land included in the proposed change excluding publicly owned land, said amendment shall not be passed except by a three-fourths (¾) vote of the City Council.

(Ord. of 4-18-2022)