Manchester City Zoning Code

ADMINISTRATION AND

ENFORCEMENT

§ 151.020 ZONING ADMINISTRATOR.

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

(Ord. 239, passed 3-5-2001, § 3.1)

§ 151.021 DUTIES.

The Zoning Administrator shall:

(A) Receive and review for completeness all applications for site plan review and conditional use permits which the Planning Commission and Village Council are required to decide under this chapter and refer the applications to the Planning Commission and Village Council 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 the applications to the Zoning Board of Appeals for determination;

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

(D) Make periodic site inspections of the village to determine chapter compliance, and answer complaints on Zoning Ordinance violations; and

(E) Implement the decisions of the Planning Commission and Village Council.

(Ord. 239, passed 3-5-2001, § 3.2)

§ 151.022 CONDITIONAL LAND USES.

(A) Application.

(1) Applications for conditional land use permits authorized in this chapter shall be submitted to the Zoning Administrator on a form provided by the village.

(2) In addition to a complete application form, the applicant is required to submit a preliminary site plan prepared in accordance with § 151.023. Incomplete submittals shall not be accepted by the Zoning Administrator.

(B) Procedures.

(1) Conditional land use permits may be granted by the Village Council 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 for a recommendation.

(3) (a) Upon receipt of a recommendation by the Planning Commission, 1 notice that such a request has been received shall be published in at least 1 newspaper of general circulation within the village and sent by certified 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. 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 1 occupant of a structure, except that if a structure contains more than 1 dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, 1 occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than 4 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) 1. The notice shall be given in accordance with the requirements of the Michigan Zoning Enabling Act, Act 110 of the Public Acts of 2006, M.C.L.A. §§ 125.3101 et seq. not less than 15 days before the date the application will be considered. The notice shall:

a. Describe the nature of the conditional land use request;

b. Indicate the property which is the subject of the conditional land use request;

c. State when and where the conditional land use request will be considered;

d. Indicate when and where written comments will be received concerning the request; and

e. Indicate that a public hearing on the conditional land use request may be requested by the property owner or the occupant of a structure located within 300 feet of the boundary of the property being considered for a special use.

2. At the initiative of the Village Council or upon the request of the applicant or a property owner or resident entitled to notice hereunder, a public hearing shall be held pursuant to notice as required in this paragraph before a decision is made on the request for a conditional land use.

(4) (a) After notice, and after a public hearing if requested, the Village Council may deny, approve, or approve with conditions a request for a conditional land use. The decision of the Village Council shall be incorporated in a statement of conclusions relative to the conditional 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.

(b) The Village Council may impose 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 conditional use is proposed will be observed.

(C) Basis of determinations. The Planning Commission and Village Council shall review the proposed conditional use in terms of the standards stated within this chapter and shall establish that the 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 village 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 village; 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 Village Council, any conditional land use permit granted under this section shall be null and void unless the development proposed shall have its first building inspection within 1 year from the date of the granting of the permit. The Zoning Administrator shall give notice by certified mall to the holder of a permit before voidance is actually declared. The notice shall be mailed to the permit holder at the address indicated on the permit. Within 30 days of receipt of notice of voiding of the permit, the applicant shall have the right to request an extension of the permit from the Village Council. The Village Council may grant an extension thereof for good cause for a period not to exceed 1 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 village.

(E) Reapplication. No application for a conditional use permit which has been denied wholly or in part shall be resubmitted until the expiration of 1 year or more from the date of the denial, except on grounds of newly discovered evidence or change of conditions found to be sufficient to justify reconsideration by the Village Council.

(Ord. 239, passed 3-5-2001, § 3.3; Am. Ord. 278, passed 9-19-2011)

§ 151.023 SITE PLAN REVIEW.

(A) Generally. The Village Council shall have the authority to review and to approve or reject all site plans (i.e., preliminary, final, and combined site plans), taking into account the recommendations of the Village Planning Commission. Prior to the issuance of building permits or commencement of construction for new structures and for additions that expand floor area, site plan review and approval is required in accordance with the procedures contained in this section.

(B) Where required.

(1) Site plan review is required for all proposed uses and certain existing uses within the village 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. Site plan review shall also be required prior to the paving of any off-street parking for any use for which off-street parking is required by this chapter.

(2) Site plan review shall not be required for individual single-family dwellings, or residential accessory storage buildings.

(3) The village 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 the 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 §§ 151.020 et seq.

(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 13 copies of the preliminary site plan drawing(s). The Administrator, upon receipt of the application, shall transmit only complete submittals of the preliminary site plan drawings to the Planning Commission prior to its next regular meeting. The purpose of the preliminary review is to confirm general compliance with village 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’s and applicant's 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 manmade features to be retained or removed;

(e) 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;

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

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

(i) Proposed phasing; and

(j) Location and width of any easements on the site.

(3) Planning Commission action. The Planning Commission shall make a recommendation to approve, approve with conditions or deny the preliminary site plan within 60 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) Village Council action. The Village Council shall receive the recommendations of the Planning Commission, and may approve or deny the preliminary site plan.

(5) Effect of approval. Approval of a preliminary site plan by the Village Council 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. The Village Council may, at its discretion, and with appropriate conditions attached, authorize issuance of grading and foundation permits on the basis of the approved preliminary site plan. The authorization, however, will be used only in those situations in which seasonable conditions, such as the onset of frost, or other severe time limitations might, in the Village Council’s opinion, unduly delay the commencement of construction until after the final site plan is approved. The Village Council shall attach appropriate conditions to the authorization.

(6) 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 10 days of the date of approval of the preliminary site plan by the Village Council, transmit a written certification of the 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 13 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 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 1 inch = 50 feet for property less than 3 acres or no greater than 1 inch = 100 feet for property 3 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 1 inch = 2,000 feet with north point indicated;

6. Architect, engineer, surveyor, landscape architect, or planner's seal;

7. Existing and proposed lot lines, building lines, structures, parking areas, 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. Storm water control facilities and structures; and

e. Location of all easements.

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

5. Dimensioned parking spaces and calculation, drives and method of surfacing;

6. Exterior lighting locations and illumination patterns;

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

8. Trash receptacle pad location and method of screening;

9. Transformer pad location and method of screening;

10. Dedicated road or service drive locations;

11. Entrance details including sign locations and size;

12. Designation of fire lanes; and

13. Any other pertinent physical features.

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

2. Existing topography with a maximum contour interval of 2 feet. Topography on the site and beyond the site for a distance of 100 feet in all directions should be indicated. Grading plan, showing finished contours at a maximum interval of 2 feet, correlated with existing contours so as to clearly indicate required cutting, filling, and grading;

3. Location of existing drainage courses and associated bodies of water, on- and off-site, and their elevations;

4. Location of existing wetlands; and

5. Location of natural resource features, including woodlands and areas with slopes greater than 10% (1 foot of vertical elevation for every 10 feet of horizontal distance).

(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; and

4. Specific amount and location of recreation spaces.

(e) Additional requirements for commercial and industrial developments.

1. Loading/unloading areas;

2. Total and useable floor area; and

3. Number of employees in peak usage.

(3) Standards for review. In reviewing the final site plan, the Planning Commission and Village Council 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 township.

(d) There is a proper relationship 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 the 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) Storm water 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 water course, 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.

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

(4) Planning Commission action. The Planning Commission shall make a recommendation to approve, approve with conditions, or deny the final site plan within 60 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. All engineering drawings and plans shall be reviewed by the Village Engineer, DPW, and Fire Chief before a final site plan may be recommended to Council.

(5) Village Council action. The Village Council shall receive the recommendations of the Planning Commission and approve or deny the site plan.

(6) Effect of approval. Approval of a final site plan authorizes issuance of a building permit or, in the case of uses without buildings or structures, issuance of a certificate of zoning compliance.

(7) Expiration of approval. Approval of a final site plan shall expire and be of no effect 1 year following the date of approval unless construction has begun on the property in conformance with the approved final site plan. 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 in 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. A preliminary and final site plan shall not be combined for any development consisting of 2 or more phases.

(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 the minor changes, for purposes of record.

(G) Modification of plan during construction. All improvements shall conform to the final site plan. It shall be the responsibility of the applicant to notify the Zoning Administrator of any such changes prior to the changes being made. Any changes which result in a material alteration of the site plan approved by the Planning Commission shall require resubmittal to the Planning Commission. The Planning Commission, Village Council, 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 2 or more phases. In that case, the preliminary site plan shall cover the entire property involved and shall clearly indicate the location, the size, and character of each phase. A final site plan may be submitted for review and approval for each phase.

(I) Inspection.

(1) The Building Inspector 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 installation.

(2) The Building Inspector 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 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 that case, the Building Inspector 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 §§ 151.020 et seq., including any improvement not in conformance of the approved final site plan, shall be deemed a violation of this chapter as provided in §§ 151.188 and 151.999, and shall be subject to all penalties therein.

(Ord. 239, passed 3-5-2001, § 3.4) Penalty, see § 151.999

§ 151.024 SITE CONDOMINIUM PROJECT REGULATIONS.

(A) Intent. Pursuant to the authority conferred by § 141 of the Condominium Act, Public Act 59 of 1979, being M.C.L.A. § 559.241 preliminary and final site plans shall be regulated by the provisions of this chapter and subject to the 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 village.

(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 1 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 Village 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 § 151.023 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 the 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 § 151.023(D). In addition to the final site plan, the condominium documents shall be submitted to the village for the review by the Village Attorney and other appropriate staff and consultants. The condominium documents shall be reviewed with respect to all matters subject to regulation by the village including, without limitation: ongoing preservation and maintenance of drainage, retention, wetland, and other natural and/or common area; maintenance of private roads, if any; and maintenance of stormwater, sanitary, and water facilities and utilities.

(b) The applicant shall also submit engineering plans in sufficient detail for the village, to determine compliance with applicable laws, ordinances, and design standards for construction of the project. The village shall submit engineering plans to the Village 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 Village Attorney, Engineer, and Planner, the site plan shall be submitted to the Village Council for final review.

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

(e) If the site plan, condominium documents and/or engineering plans fail to conform, final approval shall be denied by the Village Council.

(f) In the interest of insuring compliance with this chapter and protecting the health, safety, and welfare of the residents of the village, the Village Council, as a condition of final approval of the site plan, shall require the applicant to deposit a performance guarantee as set forth in § 151.026 for the completion of improvements associated with the proposed use.

(D) Required improvements.

(1) All design standards and required improvements that apply to a subdivision under the subdivision regulations adopted by the Village Council, shall apply to any condominium development.

(2) Each condominium unit shall be connected to the village water, sanitary, and storm sewers. Utility standards stated in Title V shall apply to all condominium units. Furthermore, the utility provisions stated in the village subdivision regulations shall apply to all condominium units proposed for location on property which is not subdivided and recorded, or property which is to be further subdivided. Each individual condominium unit shall be considered a residential equivalent unit as defined in the village subdivision regulations.

(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 village may grant a delay in the setting of required monuments or irons for a reasonable time, but not to exceed 1 year, on condition that the developer deposit with the Village Clerk cash, a certified check, or an irrevocable bank letter of credit running to the village, whichever the developer selects, in an amount as determined from time to time by resolution of the Village Council. The deposit shall be returned to the developer upon receipt of a certificate by a surveyor registered in the State of Michigan that the monuments and irons have been set as required, within the time specified. If the developer defaults, the Village Council 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 village 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 Village Council 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 2 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 the 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 Village Attorney and Planning Commission before any building permit may be issued, where the permit is required. The Planning Commission may require its review of an amended site plan if, in its opinion, the 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, Public Act 59 of 1979, being M.C.L.A. § 559.148 shall comply with all regulations of the zoning district in which located and shall be approved by the Zoning Inspector. 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 the subdivision is permitted by the condominium documents, as provided in § 49 of the Condominium Act, Public Act 59 of 1979, being M.C.L.A. § 559.149 shall comply with all regulations of the zoning district in which located, and shall be approved by the Zoning Inspector. These requirements shall be made a part of the condominium bylaws and recorded as part of the master deed.

(Ord. 239, passed 3-5-2001, § 3.5) Penalty, see § 151.999

§ 151.025 USE OF CONSULTANTS.

From time to time, the Village Council and/or Planning Commission may employ planning, engineering, legal, traffic, or other special consultants to assist in the review of conditional use permits, site plans, rezonings, or other matters related to the planning and development of the village.

(Ord. 239, passed 3-5-2001, § 3.6)

§ 151.026 PERFORMANCE GUARANTEE.

(A) In the interest of ensuring compliance with the Zoning Ordinance provisions, protecting the natural resources and the health, safety, and welfare of the residents of the village and future users or inhabitants of an are for which a site plan for a proposed use has been submitted, the Village Council upon the recommendation of the Planning Commission 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 estimated cost of the improvements to be made as determined by the applicant and verified by the village. The village shall be authorized to employ the village engineering consultant to review cost estimates and conduct periodic inspection of the progress of improvements.

(C) Where the Village Council requires a performance guarantee, the performance guarantee shall be deposited with the village prior to the issuance of a building permit for the development and use of the land. Upon the deposit of the performance guarantee the village shall issue the appropriate building permit.

(D) The approval shall also prescribe the period of time within which the improvements for which the performance guarantee has been required 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 village, of the improvement for which the performance guarantee was required, the village shall return to the applicant the performance guarantee deposited and any interest earned thereon. However, the village 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 village, the village 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 village to complete the improvements, the applicant shall be required to pay the village any of the additional costs of completing the improvements. Should the village use the performance guarantee, or a portion thereof, to complete the required improvements, any amounts remaining after the completion shall be applied first to the village'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 village to ensure completion of an improvement the applicant shall not be required to deposit with the village a performance guarantee for that specific improvement. At the time the performance guarantee is deposited with the village and prior to the issuance of a building permit, the applicant shall enter an agreement incorporating the provisions hereof with the village regarding the performance guarantee.

(Ord. 239, passed 3-5-2001, § 3.7)

§ 151.027 FEES.

The Village 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 village 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 village offices, and may be altered or amended only by the Village Council. No permit, certificate, conditional use on approval, or variance shall be issued unless or until the costs, charges, fees, or expenses have been paid in full, nor shall any action be taken on proceedings before the Board of Appeals, unless or until preliminary charges and fees have been paid in full.

(Ord. 239, passed 3-5-2001, § 3.8)

§ 151.028 PERMITS FOR CHANGE OF USE OF PROPERTY.

No building or structure, or part thereof, shall be changed to or occupied by a use of a different class or type unless a change of use permit is first obtained for the new or different use. Buildings with more than one use must apply and hold a change of use permit for each use within the building.

(Ord. 318, passed 2-20-2023)