A.

Authority. Except where herein otherwise stated, the provisions of this ordinance shall be administered by the zoning enforcement officer, or such other official or officials as may be designated by the city council. The zoning enforcement officer shall have the power to:

1.

Issue certificates of occupancy;

2.

Make inspections of buildings and premises necessary to carry out the duties of administration and enforcement of this ordinance;

3.

Issue and serve appearance tickets on any person with respect to any violation of this ordinance where there is reasonable cause to believe that the person has committed such an offense;

4.

Maintain and safely keep copies of all plans other than for single-family dwellings and fees submitted with such application, and the same shall form a part of the records of his office and shall be available to the council and all other officials of the city; and

5.

Perform such other functions necessary and proper to enforce and administer the provisions of this ordinance.

(Ord. No. 18-01, § 1, 2-20-18)

A.

Building permits.

1.

No building, structure, or commercial sign shall be erected, altered, moved, or substantially repaired unless a building permit shall have been first issued for such work.

2.

No building permit shall be issued for the erection, alteration, or use of any building or structure or for the use of any land which is not in accordance with all provisions of this ordinance.

3.

The holder of every building permit for the construction, erection, alteration, repair, or moving of any building or structure shall notify the building inspector immediately upon completion of the work authorized by the permit for a final inspection.

B.

Certificate of occupancy.

1.

No vacant land shall be used and no existing use of land shall be changed to a different class of use unless a certificate of occupancy is first obtained for the new or different use.

2.

No building or structure which is hereafter erected or altered shall be occupied or used unless and until a certificate of occupancy shall have been issued for such building or structure.

3.

Certificates of occupancy, as required by the currently adopted Building Code for the city, shall also constitute certification of compliance with the zoning ordinance.

4.

A record of all certificates of occupancy issued shall be kept on file in the office of the zoning enforcement officer and copies shall be furnished upon request to any person owning or renting the property which is the subject of the certificate.

5.

Applications for certificates of occupancy shall be made in writing to the building inspector on a form furnished by the city. Certificates shall be issued within ten (10) days after receipt of such application if the building or structure or use of land is in accordance with the provisions of this ordinance and the other applicable ordinances of the city.

C.

Zoning compliance permits.

1.

No permit or approval shall be issued for any use, building, construction, work, alteration, addition, or improvement to land or land division, until a zoning compliance permit has been issued by the zoning enforcement officer under the terms and provisions of this ordinance.

2.

The issuance of any other approval or certification of a site plan, variance, special land use permit, planned unit development, or other discretionary permit by any board or body under this ordinance, shall not supersede or lessen compliance with this ordinance and that any use, development, construction, improvement or work allowed under the discretionary permit, shall in all cases be further conditioned on compliance with this ordinance and shall not be allowed until the issuance of the zoning compliance permit in accordance with this chapter.

3.

An application for a zoning compliance permit shall be signed by the owner of the land, or the owner's duly authorized agent and be accompanied by a site plan, where required under other provisions of this ordinance, or a drawing, that provides the following information:

a.

Scale, date and north point;

b.

Location, shape and dimensions of the lot;

c.

Legal description, tax parcel number and address of the lot;

d.

Location, outline and dimensions of all existing and proposed structures and the location and extent of all uses not involving structures;

e.

A clear description of existing and intended uses of all structures; and

f.

Additional information as required by the zoning enforcement officer for purposes of determining compliance with this ordinance.

4.

A zoning compliance permit shall be signed and issued by the zoning enforcement officer.

a.

The application and all supporting documentation shall be considered a part of the permit.

b.

Any alteration, false statement, change or other variation between the application and its supporting documents, and the use, construction, work, development, alteration, addition, or improvement authorized by the permit, shall render the permit null and void.

c.

Any change, variation or alteration of the application and supporting documents, shall require resubmission to the zoning enforcement officer and the re-issuance of a new zoning compliance permit.

5.

All fees due under this ordinance, or under other ordinances or policies of the city for municipal services and development of the work, must be paid in full prior to the issuance of the zoning compliance permit, unless exception is made by the appropriate board authorized to waive or delay the payment of the fees. The applicant shall furnish to the zoning enforcement officer, upon request, a title insurance policy or other acceptable evidence of ownership.

6.

The zoning enforcement officer is authorized to prepare and furnish to the public, from time to time forms for application for a zoning compliance permit.

7.

The zoning enforcement officer is authorized to affix to the face of any zoning compliance permit any condition authorized by this ordinance or under any discretionary permit issued by any board under this ordinance, or under other ordinances or promulgated policies of the city, pertaining to the use, work or occupancy of the land and premises. Failure to comply with any condition shall render the zoning compliance permit null and void.

8.

A zoning compliance permit shall not be required for ordinary repairs or maintenance to one- or two-family residential dwellings or any related accessory structure, including but not limited to roofing, siding and interior work, provided that such construction does not increase the gross ground floor area, height, or location of the building, and/or does not change the use of the structure.

D.

Fees for the inspection and issuance of building permits, certificates of occupancy, zoning compliance permits, or copies required or issued under the provisions of this ordinance, may be collected by the city in advance of issuance. The amount of such fees shall be established by resolution of the city council and shall cover the cost of inspection and supervision resulting from the enforcement of this ordinance.

(Ord. No. 18-01, § 1, 2-20-18)

A.

Violations.

1.

A violation of this ordinance shall be a civil infraction subject to a fine. Increased civil fines will be imposed for repeated violations that occur within a six (6) month period. The civil fine for a first offense is fifty dollars ($50.00). The civil fine for the first repeat offense is two hundred fifty dollars ($250.00). The civil fine for the second repeat offense is five hundred dollars ($500.00). The city shall also be entitled to equitable relief to abate the violation and to such other relief as may be available to the city pursuant to chapters 83 and 87 of the Michigan Revised Judicature Act, as amended.

2.

Each day on which any violation of this ordinance occurs shall constitute a separate offense.

B.

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

(Ord. No. 18-01, § 1, 2-20-18)

A.

As a condition of approval of a site plan review, special land use, or planned unit development, the planning commission or zoning enforcement officer, whichever is designated as the approving authority, may require a financial guarantee of sufficient sum to assure the installation of those features or components of the approved activity or construction which are considered necessary to protect the health, safety, and welfare of the public and of users or inhabitants of the proposed development. Such features or components, hereafter referred to as "improvements," may include, but shall not be limited to, streets, curbing, landscaping, fencing, walls, screening, lighting, drainage facilities, sidewalks, driveways, utilities, and similar items.

B.

Performance guarantees shall be processed in the following manner:

1.

Prior to the issuance of a certificate of occupancy, the applicant shall submit an itemized estimate of the cost of the required improvements which are subject to the performance guarantee, which shall then be reviewed by the zoning enforcement officer. The amount of the performance guarantee shall be one hundred (100) percent of the cost of purchasing of materials and installation of the required improvements, plus the cost of necessary engineering and a reasonable amount for contingencies.

2.

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

3.

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

4.

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

5.

When all of the required improvements have been completed, the obliger shall send written notice to the zoning enforcement officer of completion of said improvements. Thereupon, the zoning enforcement officer shall inspect all of the improvements and approve, partially approve, or reject the improvements with a statement of the reasons for any rejections. If partial approval is granted, the cost of the improvement rejected shall be set forth. Where partial approval is granted, the obliger shall be released from liability pursuant to relevant portions of the performance guarantee, except for that portion sufficient to secure completion of the improvements not yet approved.

6.

A record of authorized performance guarantees shall be maintained by the zoning enforcement officer.

(Ord. No. 18-01, § 1, 2-20-18)

A.

Procedure.

1.

Written applications for the adoption of a rezoning or amendment to this ordinance may be initiated by:

a.

Any public agency;

b.

Any interested person;

c.

The planning commission; or

d.

The city council.

2.

If said application is for a rezoning, an "interested person" shall either be the city or the owner of the property which will be considered for the rezoning, or, if not the owner of the property, the applicant shall submit a written statement from the property owner indicating his or her permission to submit such application.

3.

Application for a zoning amendment shall consist of:

a.

A written statement from the property owner indicating his or her permission to submit such application, if applicable;

b.

Payment of a fee, as established from time to time by the city council;

c.

A map clearly showing the property to be considered for the zoning change, including all properties within one quarter (¼) mile of the subject property and the current zoning of all such properties; and

d.

A legal description of the property to be considered for the zoning change.

4.

Following receipt of the completed application, the planning commission shall hold a public hearing. Notice of the public hearing shall be provided pursuant to section 22.05 of this ordinance and Act 110 of the Public Acts of Michigan of 2006, as amended.

5.

Following the public hearing, the planning commission shall forward the application, along with its recommendation, to the city council for a final decision.

6.

Review Criteria. In making a decision on a zoning amendment, the planning commission and city council shall consider the following standards:

a.

If the proposed zoning amendment is consistent with the goals, policies, and future land use map of the city's master plan; or, if conditions have changed significantly since the master plan was adopted, if the zoning amendment is consistent with recent development trends in the area;

b.

If the zoning amendment is compatible with existing or future land uses in the vicinity; and

c.

If the site is capable of accommodating all uses allowed by the zoning change, considering existing or planned public infrastructure, including streets, sanitary sewers, storm water, water, sidewalks, and street lighting.

7.

The city's decision of a zoning amendment may not be appealed to the board of zoning appeals.

(Ord. No. 18-01, § 1, 2-20-18)

A.

Where this ordinance requires the city to provide notice of a public hearing for any decision or action permitted, authorized or required by this ordinance or under Act 110 of the Public Acts of Michigan of 2006, as amended, notice of the public hearing shall be given as follows:

B.

The notice shall be published once, at least fifteen (15) days prior to the date of the public hearing, in a newspaper of general circulation in the city.

C.

Except as provided in subsection E below, a notice of public hearing shall also be mailed or personally delivered to the following persons, at least fifteen (15) days prior to the date of the public hearing:

1.

The applicant;

2.

The owner or owners of the subject property;

3.

All persons to whom real property is assessed within three hundred (300) feet of the property that is the subject to the application or request, even if the three hundred (300) feet extends outside of the city's boundaries; and

4.

the occupants of all structures within three hundred (300) feet of the property that is the subject of the application or request, even if the three hundred (300) feet extends outside of the city's boundaries. If the name of the occupant is not known, the term "occupant" may be used in making notification under this subsection.

D.

The notice of public hearing shall include the following information:

1.

A description of the nature of the proposed amendment, application or request.

2.

An identification of the property that is the subject of the application or request, if applicable. Except as provided in subsection E below, 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 and another means of identification of the property shall be used.

3.

When and where the application or request will be considered.

4.

When and where written comments will be received concerning the application or request.

E.

When a proposed zoning amendment involves the text of the zoning ordinance or if a rezoning involves eleven (11) or more adjacent properties, or when a petition to the board of zoning appeals involves an interpretation of the zoning ordinance or an appeal of an administrative decision that does not involve a specific parcel, the mailing or delivery requirements of subsections C(2), C(3) and C(4), of this section are not required, and the listing of individual property addresses under subsection D(2) is not required.

F.

With respect to a zoning ordinance amendment, including rezoning of property, the notice shall be given by first-class mail to each electric, gas, and pipeline public utility company, each telecommunication service provider, each railroad operating within the district or zone affected, and the airport manager of each airport, that registers its name and mailing address with the city for the purpose of receiving the notice of public hearing.

G.

After providing the notice required under this section and without further notice, except that as required under the Act 267 of the Public Acts of Michigan of 1976, as amended, the body holding the public hearing may adjourn from time to time a duly called public hearing by passing a motion specifying the time, date, and place of the continued public hearing.

(Ord. No. 18-01, § 1, 2-20-18)

A.

The city council may establish, fees for appeals, application for amendments, special uses, site plan reviews, zoning compliance permits, signs, and other matters pertaining to this ordinance. The schedule of fees shall be posted in city hall and may be altered only by resolution of the city council. Until all applicable fees, charges and expenses have been paid in full, no permits shall be issued related to any application or appeal.

B.

If the planning commission or board of zoning appeals determines that the basic fees provided under subsection A above will not cover the actual costs of the application review or appeal, or if the planning commission or board of zoning appeals determines that review of the application and/or participation in the review process or appeal by qualified professional planners, engineers, attorneys, or other professionals is necessary, then the planning commission or board of zoning appeals may require the applicant to deposit with the city treasurer such additional fees in an amount sufficient to cover the estimated additional costs.

C.

These additional fees shall be held in escrow in the applicant's name and shall be used solely to pay these additional costs. If the amount held in escrow becomes less than ten (10) percent of the initial escrow deposit or less than ten (10) percent of the latest additional escrow deposit and review of the application or decision on the appeal is not completed, then the zoning enforcement officer may require the applicant to deposit additional fees into escrow in an amount determined by the zoning enforcement officer to be equal to the estimated costs to complete the review or decide the appeal. Failure of the applicant to make any escrow deposit required under this ordinance shall be deemed to make the application incomplete or the appeal procedurally defective thereby justifying the denial of the application or the dismissal of the appeal. Any unexpended funds held in escrow shall be returned to the applicant following final action on the application or the final decision on the appeal. Any actual costs incurred by the city in excess of the amount held in escrow shall be billed to the applicant and shall be paid by the applicant prior to the issuance of any permit or the release of a final decision on an appeal.

(Ord. No. 18-01, § 1, 2-20-18)