The administration and enforcement of this chapter shall be the responsibility of the city manager. The city manager shall have the right to delegate said responsibility to appropriate city officers, employees or designees. The person administering and enforcing this chapter shall be known as the zoning administrator.

(Ord. No. 299 of 2011, § 901, 2-14-2011)

(a)

Whenever, in the course of administration and enforcement of this chapter, it is necessary or desirable to make any administrative decision, then, unless other standards are provided in this chapter, the decision shall be made so that the result will not be contrary to the spirit and purpose of this chapter or injurious to the surrounding neighborhood.

(b)

Where a public hearing is required in the administration of this chapter, the planning commission and the zoning board of appeals:

(1)

Shall base their decision upon facts presented at a public hearing. Applications which require hearings before the planning commission or the zoning board of appeals shall be submitted thirty days prior to the regular meeting date of that body. Late applications may be scheduled for hearings upon authorization by the chairperson after review of the upcoming agenda, and the work load and ability of the staff to meet legal notice deadlines and to prepare reports and recommendations. Under no circumstances may a late application be accepted less than five days prior to a legal notice deadline;

(2)

Timing of notice. Unless otherwise provided in the Michigan zoning enabling act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.), or this chapter where applicable, notice of a public hearing on an application for a rezoning, text amendment, special land use, planned unit development, variance, conditional use permit, appeal or ordinance interpretation shall be provided no less than 15 days before the date the application will be considered for approval;

(3)

Personal and mailed notice. When the provisions of this chapter or state law require that personal or mailed notice be provided, notice shall be provided to:

a.

The owners of property for which approval is being considered, and the applicant, if different than the owner of the property.

b.

Except for rezoning requests involving 11 or more adjacent properties or an ordinance interpretation request that does not involve a specific property; to all persons to whom real property is assessed within 300 feet of the boundary of the property subject to the request, regardless of whether the property or occupant is located within the boundaries of the city. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. The current year's assessment roll shall be used as prima facia evidence of record ownership.

c.

All neighborhood organizations, public utility companies, railroads and other persons which have requested to receive notice pursuant to this section shall receive notice by mail.

d.

Other governmental units within one mile of the property involved in the application.

(4)

Shall include the time, place and nature of the request, the geographic area included in the zoning request, where and when written comments will be received, and where and when this chapter and proposals or applications may be examined;

(5)

Shall permit interested parties at the hearing to present and rebut information either supporting or opposing the zoning action under consideration;

(6)

Shall prepare a comprehensive summary record of the hearing, including an exact record of motions, votes and other official action;

(7)

Shall set forth in writing and in detail any denial, approval, conditional approval, or order and the facts supporting such decision;

(8)

Shall file the record, written testimony, or documents submitted with regard to the hearing, and the decision with the city clerk, and maintain an affidavit of mailing for each mailing made under this section;

(9)

Shall comply with all other requirements under the law; and

(10)

Shall have all administrative actions recorded in the official zoning orders book and map.

(c)

Wherever a discretionary decision is authorized in this chapter, such as, but not limited to, the issuance of conditional use permits, conditions (including, but not limited to greater setbacks, parking, screening, drainage, access control and other similar requirements) may be imposed provided they are:

(1)

Designed to protect natural resources, the health, safety and welfare and the social and economic well-being of those who will use the land or activity under consideration, residents and landowners immediately adjacent to the proposed use or activity, and the community as a whole;

(2)

Related to the valid exercise of the police power, and the purposes which are affected by the proposed use or activity;

(3)

Necessary to meet the intent and purpose of this chapter, are related to standards established in this chapter for the land use or activity under consideration, and are necessary to insure compliance with those standards; and

(4)

The conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action, and shall remain unchanged except upon the mutual consent of the approving authority and the landowner. A record of changed condition shall also be maintained.

(d)

All administrative guides or rules developed to assist the planning commission or the zoning board of appeals in the administration of this chapter shall be filed with the city clerk and be open to public inspection.

(Ord. No. 299 of 2011, § 902, 2-14-2011)

The city assessor/building inspector shall serve as zoning administrator, and shall administer the provisions of this chapter and shall have all administrative powers in connection therewith which are not specifically assigned to some other officer or body. He shall have no power to vary or waive chapter requirements.

(Ord. No. 299 of 2011, § 903, 2-14-2011)

(a)

The zoning administrator shall have the power to issue a zoning compliance permit and to conduct a preliminary review site plans to determine whether they are in proper form contain all of the required information. The zoning administrator shall make inspections of premises and collect such investigative data deemed necessary to carry out his/her duties in the enforcement of this chapter.

(b)

If the zoning administrator shall find that any provision of this chapter is being violated, the Administrator shall order discontinuance of any illegal work being done; or shall take such action as authorized to insure or prevent violation of the provisions of this chapter.

(c)

The zoning administrator shall not vary, change or grant exceptions to any terms of this chapter, or to any person making application under the requirements of this chapter.

(d)

It shall be unlawful for the zoning administrator to issue a zoning compliance permit, or other such permits, for any construction or use until he has inspected such plans and found them to conform to this chapter.

(Ord. No. 299 of 2011, § 904, 2-14-2011)

(a)

It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered, or enlarged in its use or structure until a zoning compliance permit shall have been issued therefore by the zoning administrator. The permit shall state that the building, structure, and lot, and use thereof, conform to the requirements of this chapter.

(b)

The zoning administrator shall maintain a record of all zoning compliance permits and said record shall be open for public inspection. Failure to obtain a zoning compliance permit shall be a violation of this chapter.

(Ord. No. 299 of 2011, § 905, 2-14-2011)

Notice of violation:

(1)

Whenever the zoning administrator determines that a violation of this chapter exists, said zoning administrator shall issue a notice of violation.

(2)

Such notice shall be directed to each owner of or a party in interest in whose name the property appears on the last local tax assessment records.

(3)

All notices shall be in writing and shall be served upon the person to whom they are directed personally, or in lieu of personal service may be mailed by regular mail, addressed to such owner or party in interest at the address shown on the tax records. An affidavit of mailing shall be maintained.

(4)

All violations shall be corrected within a period of time as specified on the notice of violation. A violation not corrected within this period shall be reported to the city manager who shall initiate prosecution procedures.

(Ord. No. 299 of 2011, § 906, 2-14-2011)

The zoning administrator shall keep a special zoning orders book, which shall list, with a brief description, all variances, conditional use permits, zoning amendments, designations of Class A nonconformance, and any terminations of any of them. Each item shall be assigned a number when entered. The zoning administrator shall also keep a map, to be known as the special zoning orders map, on which shall be recorded the numbers in the special zoning orders book to indicate the locations affected by the items in the book. The special zoning orders book and map shall be open to public inspection.

(Ord. No. 299 of 2011, § 907, 2-14-2011)

The city council shall periodically establish by resolution a schedule of fees for administering this chapter. The schedule of fees shall be made available in the office of the zoning administrator and the city clerk, and may be changed only by the city council. No permit shall be issued unless such fees have been paid in full.

(Ord. No. 299 of 2011, § 908, 2-14-2011)