The provisions of this chapter shall be administered and enforced by the Building Inspector, or the Chief of Police, or by such deputies of his department as the Chief of Police may delegate to enforce the provisions of this chapter. The Zoning Administrator is hereby designated as the authorized city official to issue municipal civil infraction citations (directing alleged violators to appear in court) or municipal civil infraction violation notices (directing alleged violators to appear at the City of Marine City Municipal Ordinance Violations Bureau).

(Prior Code, App., § 1500) (Ord. 95-13, passed 2-1-1996)

   (A)   The Building Inspector shall have the power to grant zoning compliance and occupancy permits, to make inspections of buildings or premises necessary to carry out his or her duties in the enforcement of this chapter. It shall be unlawful for the Building Inspector to approve any plans or issue any permits or certificates of occupancy for any excavation or construction until he or she has inspected such plans in detail and found them to conform with this chapter; provided, however, that all site plans, except for single-family residential uses, shall have been first approved by the Planning Commission.

   (B)   The Building Inspector and/or such other officers or departments as shall be designated by the Commission, shall record in duplicate, 1 copy of which shall be filed with the City Clerk, all nonconforming uses of land existing at the effective date of this chapter for the purpose of carrying out the provisions hereof.

   (C)   The Building Inspector is under no circumstances permitted to make changes in this chapter nor to vary the terms of this chapter in carrying out his or her duties as Building Inspector.

   (D)   The Building Inspector shall not refuse to issue a permit when conditions imposed by this chapter are complied with by the applicant despite violations of contracts, such as covenants or private agreements which may occur upon the granting of the permit.

(Prior Code, App., § 1501) (Ord. passed 6-6-1974)

   The Building Inspector shall require that all applications for building permits shall be accompanied by plans and specifications including a plot plan, in triplicate, drawn to scale, showing the following:

   (A)   The actual shape, location, and dimensions of the lot;

   (B)   The shape, size and location of all buildings or other structures to be erected, altered or moved and of any building or other structures already on the lot;

   (C)   The existing and intended use of the lot and of all such structures upon it including, in residential areas, the number of dwelling units the building is intended to accommodate; and

   (D)   Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being observed.

(Prior Code, App., § 1502)

   The following shall apply in the issuance of any permit:

   (A)   Permits not to be issued. No building permits shall be issued for the erection, alteration or use of any building or structure or part thereof, or for the use of any land, which is not in accordance with all provisions of this chapter.

   (B)   Permits for new use of land. No land heretofore vacant shall hereafter be used or an existing use of land be hereafter changed to a use of a different class or type unless a certificate of occupancy is first obtained for the new or different use.

   (C)   Permits for new use of building. No building or structure, or part thereof, shall be changed to or occupied by a use of a different class or type unless a building permit is first obtained for the new or different use.

   (D)   Permits required. No building or structure, or part thereof, shall be hereafter erected, altered, moved, or repaired unless a building permit shall have been first issued for the work. The terms “altered” and “repaired” shall include any changes in structural parts, stairways, type of construction, type, class or kind of occupancy, light or ventilation, means of egress and ingress, or other changes affecting or regulated by the City Building Code, Housing Law of Michigan, or this chapter, except for minor repairs or changes not involving any of the aforesaid features.

(Prior Code, App., § 1503)

   (A)   No land, building or part thereof, shall be occupied by or for any use until a certificate of occupancy shall have been issued for such new use.

   (B)   The following shall apply in the issuance of any certificate:

      (1)   Certificates not to be issued. No certificates of occupancy pursuant to the Building Code of the City of Marine City shall be issued for any building, structure or part thereof or for the use of any land, which is not in accordance with all the provisions of this chapter.

      (2)   Certificates required. No building or structure, or parts thereof, which is hereafter erected or altered, shall be occupied or used or the same caused to be done, unless and until a certificate of occupancy shall have been issued for such building or structure.

      (3)   Certificates including zoning. Certificates of occupancy as required by the Building Code for new buildings or structures, or parts thereof, or for alterations to or changes of use of existing buildings or structures, shall also constitute certificates of occupancy as required by this chapter.

      (4)   Certificates for existing buildings. Certificates of occupancy shall be issued for existing buildings, structures, or parts thereof, or existing uses of land if, after inspection, it is found that such buildings, structures, or parts thereof, or such use of land are in conformity with the provisions of this chapter. Certificates of occupancy may be issued for business buildings in B-1 and B-2 zones existing at the effective date of this chapter which change occupancy and which do not provide sufficient parking as required hereunder, provided there is no decrease in the number of spaces existing at the effective date of this chapter.

      (5)   Temporary certificates. Nothing in this chapter shall prevent the issuance of a temporary certificate of occupancy for a portion of a building or structure in process of erection or alteration, provided that such temporary certificate shall not be effective for a period of time in excess of 6 months, and provided further that such portion of the building, structure, or premises is in conformity with the provisions of this chapter.

      (6)   Records of certificates. A record of all certificates issued shall be kept on file in the office of a Building Inspector, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property involved.

      (7)   Certificates for dwelling accessory buildings. Buildings accessory to dwellings shall not require separate certificates of occupancy but may be included in the certificate of occupancy for the dwelling when shown on the plot plan and when completed at the same time as such dwellings.

      (8)   Application for certificates.

         (a)   Application for certificates of occupancy shall be made in writing to the Building Inspector on forms furnished by the city, and such certificates shall be issued within 10 days after receipt of such application if it is found that the building or structure, or part thereof, or the use of land is in accordance with the provisions of this chapter.

         (b)   If such certificate is refused for cause, the applicant therefore shall be notified of the refusal and cause thereof, within the aforesaid 10 day period.

(Prior Code, App., § 1504)

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

(Prior Code, App., § 1505)

   Fees for inspection and the issuance of permits or certificates or copies thereof, required or issued under the provisions of this chapter, may be collected by the Building Inspector in advance of issuance. The amount of the fees shall be established by resolution of the City Commission and shall cover the cost of inspection and the supervision resulting from enforcement of this chapter.

(Prior Code, App., § 1506)

   In interpreting and applying the provisions of this chapter they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comforts, morals, prosperity and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any ordinance, rules, regulations, or permits previously adopted or issued, and not in conflict with any of the provisions of this chapter, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises and likewise not in conflict with this chapter; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties, provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger open spaces or larger lot areas than are imposed or required by such ordinance or agreements, the provisions of this chapter shall control.

(Prior Code, App., § 1507)

   The City Planning Commission is hereby designated as the Commission specified in § 301 of Act 110 of the Public Acts of 2006, and shall perform the duties of the Commission as provided in the statute in connection with the amendment of this chapter.

(Prior Code, App., § 1508) (Am. Ord. 2019-002, passed 2-21-2019)

   (A)   In cases where the City Planning Commission is empowered to approve certain use of premises under the provisions of this chapter the applicant shall furnish such surveys, plans or other information as may be reasonably required by the Commission for the proper consideration of the matter.

   (B)   The Planning Commission shall investigate the circumstances of each such case and shall notify such parties, who may in its opinion be affected thereby, of the time and place of any hearing which may be held relative thereto as required under its rules of procedure.

   (C)   The Planning Commission may impose such conditions or limitations in granting approval as may in its judgment be necessary to fulfill the spirit and purpose of this chapter.

   (D)   Any approval given by the Planning Commission, under which premises are not used or work is not started within 6 months or when the use or work has been abandoned for a period of 6 months, shall lapse and cease to be in effect.

(Prior Code, App., § 1509)

   (A)   Site plan review and approval of all developmental proposals within specific zoning districts is required by the following provisions. The intent of this section is to provide for consultation and cooperation between the developer and the Planning Commission so that both parties might realize maximum utilization of land and minimum adverse effect upon the surrounding land uses.

   (B)   Through the application of the following provisions, the attainment of the Master Plan will be assured and the city will develop in an orderly fashion.

      (1)   Site plan review required. A site plan shall be submitted to the Planning Commission for review and approval for the following:

         (a)   Any uses (except for single- or two-family dwellings, buildings and uses accessory to single- or two-family dwellings, and farm buildings) within the following districts: RM - Multiple-Family Residential, WM - Waterfront Recreation and Marina, MHP - Mobile Home Park, B-1 - Central Business, B-2 - General Business, I-1 - Light Industrial, I-2 - Heavy Industrial, P-1 - Vehicular Parking District.

         (b)   All special uses in single-family districts such as, but not limited to, churches, schools and public facilities.

         (c)   All site condominium or condominium projects.

         (d)   Any use or development for which the submission of a site plan is required by any provisions of this chapter.

         (e)   Any change and/or conversion of use as permitted and regulated by this chapter within the same zoning district.

         (f)   Any addition to an existing principal or accessory building within districts listed above and subject to the following provisions:

            1.   Wherein the proposed addition constitutes an increase of 500 square feet or 10% or more as compared to the existing building or use whichever is less.

            2.   Wherein the proposed addition or expansion would require a variance from the provisions of this chapter no matter what size the addition or expansion.

      (2)   Site plan review criteria. The site plan shall be reviewed and approved by the Planning Commission upon finding that the following conditions are met:

         (a)   The proposed use will not be injurious to the surrounding neighborhood.

         (b)   There is a proper relationship between thoroughfares and proposed service drives, driveways, and parking areas.

         (c)   The location of buildings, outside storage receptacles, parking areas, screen walls, and utility areas is such that the adverse effects of such uses will be minimized for the occupants of that use and the oocupants of surrounding areas.

         (d)   It provides for proper development of roads, easements, and public utilities and protects the general health, safety, welfare and character of the city.

         (e)   It meets city requirements and standards for grading and surface drainage and for the design and construction of storm sewers, storm water holding facilities, water mains, sanitary sewers, and driveway approaches.

         (f)   All buildings or groups of buildings shall be so arranged as to permit emergency vehicle access by some practical means to all sides.

         (g)   Natural resources are preserved by developing in a manner which will not detrimentally affect or destroy natural features such as lakes, ponds, streams, wetlands, steep slopes, and woodlands.

         (h)   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.

         (i)   The location of buildings, parking, drives, landscaping and other improvements on the site is appropriate for the lot size and configuration.

         (j)   Landscaping, including trees, shrubs and other vegetative material, is provided to maintain and improve the aesthetic quality of the site and the area.

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

      (3)   Information required on site plan.

         (a)   Plans submitted for site plan approval shall contain all of the following data prior to approval of such plans by the Planning Commission. Final construction plans must be-submitted to the Building Department and such construction plans must be reviewed and approved prior to obtaining a building permit.

         (b)   Site plans shall consist of an overall plan for the entire development. Sheet size shall be at least 24" by 36" with plan view drawn to a minimum scale of 1".20' if the subject property is less than 3 acres and 1'1=50' if 3 acres or more. Included on the site plan will be all dimensions and the following:

         (a)   General information.

            1.   Proprietors name, address, and telephone number;

            2.   Date (month, day, year), including revisions;

            3.   Title block;

            4.   Scale;

            5.   North point;

            6.   Location map drawn at a scale of 1"=2,000' with north point indicated;

            7.   Architect, engineer, surveyor, landscape architect, or planner’s seal;

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

            9.   Proposed lot lines, property lines and all structures, parking areas and the like within the site, and within 100 feet of the site;

            10.   Centerline and existing and proposed right-of-way lines;

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

            12.   Gross acreage figure; and

            13.   Proximity to major thoroughfare and/or section corners.

         (b)   Physical features.

            1.   Proposed locations of access drives, street intersections, driveway locations, sidewalks, signs, curbing, and acceleration, deceleration, and passing lanes;

            2.   Location of existing and proposed service facilities above and below ground, including: storage, loading and disposal areas for chemicals, hazardous substances, salt, and fuels water main, hydrants, pump houses, standpipes, and building services and sizes; sanitary sewers and pumping stations; stormwater control facilities and structures including storm sewers, swales, retention and detention basins, drainageways, and other facilities, including calculations for sizes; location of all easements;

            3.   All buildings with dimensioned floor plans, setback and yard dimensions, and typical elevation views of proposed structures;

            4.   Dimensioned parking spaces and calculations, drives and method of surfacing;

            5.   Exterior lighting locations and illumination patterns;

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

            7.   Sidewalks and bike paths;

            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.

         (c)   Natural features.

            1.   Existing topography with a maximum contour interval of 2 feet indicated. Topography on the site and beyond the site for a distance of 100 feet in all directions shall be indicated;

            2.   A 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, lakes, ponds, wetlands, rivers and streams, including their water surface elevation, floodplain elevation, and ordinary high water mark; and

            4.   Location of other natural resource features, including woodlands.

         (d)   Additional requirements for Multiple-Family, and PUD Developments.

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

            2.   Designation of units by type of unit in each building;

            3.   Carport locations and details where proposed;

            4.   Specific amount of space and locations;

            5.   Type of recreation facilities to be provided in recreation space; and

            6.   If proposed, details of community building and fencing of swimming pool.

         (e)   Additional requirements for commercial and industrial developments.

            1.   Loading/unloading areas;

            2.   Gross and useable floor area; and

            3.   Number of employees in peak usage.

         (f)   The Planning Commission may waive any of the above required site plan information, when such information is determined to be not pertinent to the proposed development.

      (4)   Application procedure. An application for site plan review shall be processed in the following manner.

         (a)   All site plans shall be submitted to the Zoning Administrator at least 21 days prior to the next regularly scheduled meeting of the Planning Commission and must contain the following to be accepted:

            1.   A signed and complete application;

            2.   Ten copies of the site plan;

            3.   All items as required hereby shown on the site plan; and

            4.   Required fees.

         (b)   Upon acceptance of the site plan, the Zoning Administrator shall:

            1.   Forward a copy of the site plan and application to the City Planner or Engineer for review;

            2.   Place review of the site plan on the next Planning Commission agenda; and

            3.   Forward a copy of the site plan and application to each Commission member.

         (a)   In lieu of a complete site plan prepared in accordance with subsection (3), a sketch plan may be submitted for the uses or activities identified below.

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

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

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

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

            5.   Approval for establishment of a home occupation.

            6.   Change of use to a permitted use in any zoning district, limited to a use not exceeding 2,500 square feet.

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

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

         (c)   Sketch plan information required.

            1.   Details of the propose changes to the use or structure in question.

            2.   Proprietors', applicants', and owners' names, addressed and telephone numbers.

            3.   Location map with north point indicated.

            4.   Locations of existing landscaping, lighting, parking, if applicable, including the proposed method of refuse collection.

            5.   Gross acreage and building figures.

            6.   Zoning classification of petitioners' parcel and all abutting parcels.

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

(Prior Code, App., § 1509A) (Ord. 97-5, passed 10-2-1997; Am. Ord. 2019-002, passed 2-21-2019; Am. Ord. passed 10-21-2021)

   (A)   (1)   The City Commission may, from time to time, change the district boundaries or the regulations herein provided, however, that before any amendment shall become effective, 1 public hearing shall be held thereon by the Planning Commission with notice as provided in § 160.305 of this Zoning Ordinance. The City Commission shall require a report from the Planning Commission on any proposed amendment before taking final action thereon. The Planning Commission shall submit its final report, which shall include a summary of comments submitted at the public hearing. The City Commission may hold additional public hearings if it considers it necessary.

(Am. Ord. 07-04, passed 7-19-2007)

      (2)   The City Commission shall grant a public hearing on a proposed amendment to an interested property owner who requests a hearing by certified mail, addressed to the City Clerk. A public hearing under this subsection is not subject to the requirements as provided in § 160.305, except that notice of the hearing shall be given to the interested property owner as specified in the Zoning Enabling Act, Public Act 110 of 2006.

   (B)   If the owner of 20 or more percent of the frontage in the area proposed to be altered or the owners of 20 or more percent of the frontage of property abutting the area proposed to be altered, or either of such groups shall file a written protest at or before the time of the hearing in this section provided, then and in such event such amendment shall not be passed except by a 3/4 vote of the entire membership of the City Commission then holding office and qualified to vote.

   (C)   (1)   If a parcel of land is owned by the entireties, by joint tenants, by tenants in common or by legal and equitable owners, then one of such owners may sign the protest for the parcel so owned.

      (2)   The term ABUTTING PROPERTY as used in this section shall mean the property immediately adjoining the area proposed to be changed either in the rear or at the side thereof and also the frontage directly opposite the frontage proposed to be changed.

      (3)   The term FRONTAGE, as used herein, shall mean frontage on the street; provided, however, that a corner lot shall not be considered to have frontage on both streets, but only on the street where the lot has a smaller number of feet frontage. In determining abutting property, there shall be included all the property in a common ownership used as a single unit.

(Prior Code, App., § 1510) (Am. Ord. 2019-002, passed 2-21-2019)

   Upon presentation of petition for amendment of the Zoning Ordinance by the owner of real estate to be affected, or by owners of real estate within 300 feet of any part of the premises to be affected the petition shall be accompanied by a deposit of a sum as set by the City Commission by resolution, which amount shall be placed in the General Fund to partly defray the expense of publishing the required notices of public hearings, and the expenses of the public hearing.

(Prior Code, App., § 1511) (Ord. 82-9, passed 8-5-1982)

   (A)   This chapter and the various parts, sections and clauses thereof are hereby declared to be severable.

   (B)   If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid, it is hereby provided that the remainder of the ordinance shall not be affected thereby.

(Prior Code, App., § 1512)

   (B)   When Required. A traffic impact study is required for any proposed development expected to generate over 100 peak hour directional trips. The following table gives examples of land use that is expected to meet or exceed the 100 peak hour directional trip threshold. The City Zoning Administrator will inform the developer of the required impact study.

 

   (C)   Review and approval. When required, the traffic impact study shall be reviewed and approved by the Planning Commission prior to approval of the site plan for the development. The Planning Commission shall engage the services of a professional traffic engineer to review the traffic impact study and make comments and recommendations indicating any changes and improvements that will be necessary for the protection of the health, safety, convenience, and welfare of the general public. The applicant shall bear all reasonable expenses incurred by the City in relation to such review.

   (D)   Contents of study. A traffic impact study should include:

      (1)   A narrative summary at the beginning of the report, including but not limited to:

         (a)   The applicant and project name;

         (b)   A location map;

         (c)   The size and type of development; and

         (d)   Generated traffic volumes based on type and size of land use which are compatible with those listed in the Institute of Transportation Engineers publication Trip Generation (current edition).

      (2)   Project phasing identifying the year of development activities per phase and proposed access plan for each phase.

      (3)   A transportation system inventory, which describes the physical, functional and operational characteristics of the study area highway system and where appropriate, locate transit services. The description should provide, where pertinent, data on:

         (a)   Peak-hour volumes (existing and projected);

         (b)   Number of lanes;

         (c)   Cross-section;

         (d)   Intersection traffic signals and configuration;

         (e)   Traffic signal progression;

         (f)   Percentage of heavy trucks;

         (g)   adjacent access point locations;

         (h)   Jurisdiction; and

         (i)   Grades.

      (4)   Plan showing proposed roadway per phase for each access. Driveway design and roadway improvements shall meet Michigan Department of Transportation or St. Clair County Road Commission standards and guides, as applicable.

      (5)   Capacity analysis shall be performed at each access point. Default values shall not be used when actual values are reasonably available or obtainable. The interaction of conflicting traffic movements shall be addressed in the traffic impact study. Any proposed signalized access within 1/2 mile of an existing signalized intersection shall be analyzed in coordination with the existing signal timing. A time-space diagram should also be included.

      (6)   A traffic impact study shall be analyzed with and without the proposed development on the existing system, and with the proposed development for both existing and projected traffic volumes.

         (a)   The traffic volumes for the development shall assume a total build out.

         (b)   The completed analysis shall be summarized in a table showing all the Measures of Effectiveness (MOE) for all of the above conditions.

      (7)   Required operational changes shall be part of the site plan approval and driveway permit approval process. All required traffic improvements, determined by the study to be necessary to accommodate or alleviate impacts of the development, shall be fully constructed and completed prior to the issuance of a certificate of occupancy. All cost incurred for the review and construction of the required improvements shall be the sole responsibility of the developer.

(Ord. 04-05, passed 5-20-2004)

   All applications for development approval requiring a public hearing shall comply with the Michigan Zoning Enabling Act, P.A. 110 of 2006 and the other provisions of this section with regard to public notification.

   (A)   Responsibility. When the provisions of this chapter or the Michigan Zoning Enabling Act require that notice be published, the Zoning Administrator shall be responsible for preparing the content of the notice, having it published in a newspaper of general circulation in the City of Marine City and mailed or delivered as provided in this section.

   (B)   Content. All mail, personal and newspaper notices for public hearings shall:

      (1)   Describe the nature of the request. Identify whether the request is for a rezoning, text amendment, special approval use, planned unit development, variance, appeal, ordinance interpretation or other purpose.

      (2)   Location. Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the subject property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used such as a tax parcel identification number, identifying the nearest cross street, or including a map showing the location of the property. No street addresses must be listed when 11 or more adjacent properties are proposed for rezoning, or when the request is for an ordinance interpretation not involving a specific property.

      (3)   When and where the request will be considered. Indicate the date, time and place of the public hearing(s).

      (4)   Written comments. Include a statement describing when and where written comments will be received concerning the request. Include a statement that the public may appear at the public hearing in person or by counsel.

      (5)   Handicap access. Include information concerning how handicap access will be accommodated if the meeting facility is not handicap accessible.

   (C)   Personal and mailed notice.

      (1)   General. 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(s) 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 of Marine 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 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.

         (c)   All neighborhood organizations, public utility companies, railroads and other persons which have requested to receive notice pursuant to division (E), Registration to receive notice by mail.

      (2)   Notice by mail/affidavit. Notice shall be deemed mailed by its deposit in the United States mail, first class, properly addressed, postage paid. The Zoning Administrator shall prepare a list of property owners and registrants to whom notice was mailed, as well as of anyone to whom personal notice was delivered.

   (D)   Timing of notice. Unless otherwise provided in the Michigan Zoning Enabling Act, P.A. 110 of 2006, or this chapter where applicable, notice of a public hearing shall be provided on an application for a rezoning, text amendment, special approval use, planned unit development, variance, appeal, or ordinance interpretation: not less than 15 days before the date the application will be considered for approval.

   (E)   Registration to receive notice by mail.

      (1)   General. Any neighborhood organization, public utility company, railroad or any other person may register with the Zoning Administrator to receive written notice of all applications for development approval pursuant to division (C), Personal and mailed notice, or written notice of all applications for development approval within the zoning district in which they are located. The Zoning Administrator shall be responsible for providing this notification. Fees may be assessed for the provision of this notice, as established by the legislative body.

      (2)   Requirements. The requesting party must provide the Zoning Administrator information on an official form to ensure notification can be made. All registered persons must re-register every other year to continue to receive notification pursuant to this section.

(Am. Ord. 07-04, passed 7-19-2007)

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

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

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

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

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

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

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

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

      (1)   Whether the proposed rezoning is consistent with the goals, policies and Future Land Use Map of the City of Marine City Master Plan;

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

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

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

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

      (2)   The statement of conditions shall:

         (a)    Be in a form recordable with the Register of Deeds of St Clair County or, in the alternative, be accompanied by a recordable Affidavit or Memorandum prepared and signed by the owner giving notice of the statement of conditions in a manner acceptable to the City Commission.

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

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

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

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

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

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

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

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

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

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

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

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

(Ord. 2019-002, passed 2-21-2019)