The city shall employ or contract a person to act as the zoning official responsible for the administration and enforcement of this chapter in accordance with division 2, article IV of chapter 2.

(Ord. No. 152, 5-1-2006)

The zoning official shall not be rendered personally liable and is hereby relieved to the fullest extent permitted by law from all personal liability for any damage to persons or property as a result of any required or permitted act or omission in the lawful discharge of official duties under the provisions of this chapter. Any suit instituted against the zoning official because of any required or permitted act or omission in the lawful discharge of official duties under the provisions of this chapter shall be defended by the legal representative of the city until the termination of all proceedings and in no case shall the zoning official be liable for any costs resulting from the defense of such suit.

(Ord. No. 152, 5-1-2006)

It shall be the responsibility of the zoning official to enforce the provisions of this chapter and in so doing perform the following duties:

   (1)   The zoning official shall maintain one official copy of this chapter and the official zoning map including amendments.

   (2)   The zoning official shall make inspections of buildings or premises in order to properly carry out the enforcement of this chapter.

   (3)   The zoning official shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter including the action taken in response to each complaint.

   (4)   The zoning official is authorized to issue and serve municipal ordinance violation notices, and municipal civil infraction citations for violations of this chapter designated as a civil infraction.

   (5)   The zoning official is authorized to issue appearance tickets, as defined by section 9f of the Code of Criminal Procedure (MCL 764.9f), for all other violations of this chapter or to seek a complaint and warrant from the appropriate prosecuting official.

(Ord. No. 152, 5-1-2006)

The following are some specific duties of the planning commission relating to the administration of this chapter:

   (1)   Adopt rules and guidelines for the proper administration and enforcement of the chapter.

   (2)   Act as a policy board on matters of enforcement and administration of this chapter not covered by adopted rules or guidelines.

   (3)   Conduct public hearings as required by state law or this chapter.

   (4)   Review this chapter and master plan periodically as deemed appropriate and recommend changes to the city council. This review should be conducted at least once every five years.

   (5)   Review and approve the location, character, and extent of public streets, squares, parks, or other public ways, grounds, or open spaces or public buildings or structures to be constructed in the municipality and prepare and annually update a capital improvement plan for public structures and improvements for the ensuing five years.

(Ord. No. 152, 5-1-2006)

The following provisions shall apply in the issuance of any building permit in addition to any other requirements for a particular use contained in this chapter or the building code.

   (1)   Commencement. No excavation for, erection of, addition to, alteration of, demolition of, or moving of a building or structure shall commence and no use or change in use of land shall occur until the building official has issued a building permit as required by the building code. A building permit shall not be issued for those uses requiring a special use permit as provided for in this chapter, until a special use permit has been approved. A building permit shall not be issued for those uses requiring site plan review and approval until a final site plan has been reviewed and approved, as provided in division 1 of article VII of this chapter.

   (2)   Application for building permit. An application for building permit shall be submitted prior to issuance of the permit and shall include all information deemed necessary by the building official to demonstrate compliance with applicable provisions of this chapter and the building code. An application for building permit shall include the information described in this section, however, the building official may determine that less or more information is required based upon the type, scope, and/or complexity of the project. Generally, an application for building permit should include the following:

      a.   All applicable information required under the Michigan Residential Code, Michigan Construction Code, and other applicable codes promulgated pursuant to MCL 125.1504.

      b.   Site layout including:

         1.   An accurate boundary line survey showing the location, shape, area, dimensions, north arrow, and legal descriptions of the parcel, location of easements and centerline of all roads.

         2.   The location, setbacks, dimensions, and height of the existing and/or proposed structures to be erected, altered, demolished, or moved on the parcel shown to scale.

         3.   The existing or intended uses.

         4.   The proposed number of sleeping rooms, dwelling units, occupants, employees, customers, and other users.

         5.   The location to scale of utility lines, wells and septic drain fields.

         6.   The yard, open space and parking area dimensions.

         7.   The established street grades, proposed finished grades, any change to the contour of the parcel involved and surface runoff and drainage patterns.

         8.   The location of regulated waterways.

      c.   Evidence of compliance with this chapter, the building code, and all other local, county, state and federal requirements that are applicable to the proposed building, structure or land use.

      d.   Proof of legal or equitable title in order to assure compliance with dimensional requirements of this chapter and to protect public easements from encroachment.

(Ord. No. 152, 5-1-2006)

(a)   Building permit deemed invalid.

   (1)   Any building permit shall become invalid if the authorized work does not commence within 180 days after issuance of the permit or if the authorized work is abandoned for a period of 180 days after commencement. The building official may grant, in writing, one or more extensions of time for not more than 180 days each upon justifiable cause.

   (2)   Any building permit shall become invalid one year after the date of issuance. The building official may grant, in writing, one extension of time for up to one year upon justifiable cause.

(b)   Previous approvals. No amendment of this chapter shall require changes in the plans, construction or designated use of a building for which a lawful building permit has been issued or otherwise lawfully authorized if the permitted activity has been physically commenced within 90 days after the date of issuance of the building permit.

(c)   Revocation of permits. The building official may revoke a permit or approval issued under the provisions of this chapter in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based.

(d)   Inspection. The building official shall cause the appropriate inspections to be made as required under this chapter and the building code. The building official shall either approve that portion of the construction as completed or shall notify the permit holder or an authorized agent that the construction fails to comply with this chapter or the building code. These inspections shall include:

   (1)   Periodic inspections. Periodic inspections required under the Michigan Residential Code, Michigan Construction Code, and other applicable codes promulgated pursuant to MCL 125.1504.

   (2)   Special inspections. Nothing in this chapter shall be construed as limiting inspections during regular business hours or whenever work is being pursued and as may be considered appropriate by the respective official, provided the inspector announces himself and presents his credentials if requested. Any of the above inspections may be combined with other inspections if all work necessary for these inspections has been completed and has not been concealed.

(e)   Building permit and inspection fees. All fees for inspection and the issuance of permits required under this chapter shall be collected in advance by the city. The amount of such fees shall be established in accordance with section 94-100 of this chapter.

(Ord. No. 152, 5-1-2006)

(a)   Certificate of occupancy required. No land or building shall be used or occupied until a certificate of occupancy has been issued by the building official stating that the use and building comply with the provisions of this chapter and the building code.

(b)   Certificate of occupancy for an existing building and use. A certificate of occupancy may be issued upon request for existing buildings, structures, or parts thereof, or existing uses of land if, after inspection, such buildings, structures, or parts thereof, or such uses of land are found to be in conformity with the provisions of this chapter and the building code.

(Ord. No. 152, 5-1-2006)

(a)   Enforcement. The zoning official shall enforce the provisions of this chapter unless otherwise specified by this code or required by law. It shall be unlawful for any owner or occupant to allow or permit or fail to correct a violation of the terms of this chapter or for any person to commence operations of any kind that are in violation of the terms of this chapter. Any violations shall be subject to the penalties herein prescribed.

(b)   Report of violation. Any building or land use activities considered possible violations of the provisions of this chapter observed by or communicated to the city police agency or to any city official shall be reported to the zoning official.

(c)   Inspection of violation. The zoning official shall inspect each alleged violation of this chapter within seven days of notification of the alleged violation. Failure to comply with this section in a timely manner shall not be a defense to any violation.

(d)   Correction period, notice requirements, violations. Whenever a violation has been confirmed by the zoning official, the zoning official shall give notice in writing by hand delivery or first class mail addressed to the owner and occupant of the property where the violation exists and to any person(s) otherwise responsible for said violation. The notice shall specify the location and nature of the violation and shall indicate that the owner, occupant or person otherwise responsible, is required to abate the violation or file the necessary appeal forms with the zoning board of appeals. The notice shall specify that the violation be abated or an appeal to the zoning board of appeals be properly filed within no less than seven days or more than 30 days of receipt of the notice. The time allowed in the notice for abatement or appeal shall be determined at the discretion of the zoning official upon consideration of the nature and severity of the violation and the risk of harm to the public health, safety, and welfare of any continuing violation. If the occupant or owner of the premises is unknown or cannot be located, notices shall be given by posting a copy of said notice upon a conspicuous part of the property where the violation is located and by mailing a copy of said notice by first class mail, addressed to the owner or party in interest at the address shown on the current tax records. It is unlawful for any person given notice pursuant to this section to fail to either correct the violation or appeal to the zoning board of appeals within the time prescribed by this chapter. If appealed to the zoning board of appeals, the violation must be corrected within 30 days of a denial of an appeal.

(e)   Penalty provisions, costs of prosecution, daily violations. Unless a provision of this chapter is expressly designated as a civil infraction, any conviction for a violation of this chapter shall constitute a misdemeanor violation punishable by imprisonment in the county jail for not more than 90 days and/or by a fine of not more than $500.00, plus the costs of prosecution. Where the violation is designated as a municipal civil infraction a person found responsible shall be fined not more than $500.00 plus the direct and indirect costs of the action not to exceed $500.00 pursuant to section 8727(3) of the Revised Judicature Act of 1961 (MCL 600.8727(3)). Each day that a violation is permitted to exist shall constitute a separate punishable offense. The imposition of any fine or sentence shall not exempt the offender from compliance with the requirements of this chapter. Violation of this chapter is hereby declared a nuisance per se and conviction of the penal provisions, or finding of responsibility shall not preclude proceedings to abate such a nuisance.

(f)   Cumulative rights and remedies. The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.

(g)   Building permit refusal. The building official may refuse to issue a new building permit to a person who has failed to correct pending violations of this chapter or the building code.

(Ord. No. 152, 5-1-2006)

In the interpretation, application and enforcement of this chapter, whenever any of the provisions or limitations imposed or required herein are more stringent than any other law or ordinance, then the provisions of this chapter shall govern. Whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by this chapter, then the provisions of such other law or ordinance shall govern.

(Ord. No. 152, 5-1-2006)

(a)   Purpose. The purpose of this section is to allow for the establishment of fees and performance guarantees the city deems necessary to implement the provisions of this zoning chapter.

(b)   Fees.

   (1)   The city council shall, by resolution, establish and set fees for making application for building permits, site plan review, certificates of occupancy, zoning appeals, and sale of copies of the zoning chapter and official zoning map.

   (2)   The city council shall, by resolution, establish a fee schedule to cover the cost of inspections required for the implementation of this zoning chapter. Before considering any application submitted in accordance with the requirements of this chapter, the established fee shall be collected by the city.

(c)   Performance guarantee.  The city, as a condition of approval for any building permit, special use permit, or site plan, may require the provision of a financial guarantee of performance in the form of a cash deposit, certified check, irrevocable letter of credit, or surety bond acceptable to the city to insure the proper and timely implementation and installation of required improvements. The form, terms, and conditions of said performance guarantee shall be the same as prescribed under section 74-163.

(d)   Fees for professional analysis. The city council may require the applicant, upon the recommendation of the zoning official or the planning commission, to pay a fee to cover the costs of a professional planning or professional engineering analysis of an application for rezoning, a building permit, a special use permit, a planned unit development or a site plan review. Such action by the city council shall occur only if the action applied for is of a complex nature that is determined by the city council to be beyond the capability of the zoning official and/or the planning commission to formulate a decision on the merits of the application without professional assistance.

(Ord. No. 152, 5-1-2006; Ord. No. 157, 11-6-2006)

The following shall be the minimum standards for notice of any hearing required by this chapter or the Michigan Zoning Act except when said standards are in conflict with other applicable requirements.

   (1)   Notice of the hearing shall be published in a newspaper of general circulation in the city no less than 15 days before the date of the hearing.

   (2)   Notice of the hearing shall be given to the following persons:

      a.   The applicant or person who has otherwise caused the required hearing to be scheduled.

      b.   The owners, at the address given in the last assessment role, and occupants of the property for which approval is being considered.

      c.   The owners of all real property within 300 feet of the boundary for the property for which the approval has been requested, as shown by the latest assessment roll, regardless of whether the owner or property is located in the zoning jurisdiction.

      d.   The occupants of any structure within 300 feet of the boundary for the property for which the approval has been requested, regardless of whether the owner or property is located in the zoning jurisdiction. 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 persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different persons, 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.

      e.   Members of the planning commission, or city council and planning commission, if the hearing is being held by the city council.

      f.   For any group of adjacent properties numbering 11 or more that is proposed for rezoning, the notice requirements of subsection (2) and the requirements of subsection (5)b that street addresses be listed do not apply to that group of adjacent properties.

   (3)   Notice of the hearing shall be given not less than 15 days before the date of the public hearing. Notice under subsection (2) is considered to be given when personally delivered or when deposited during normal business hours for delivery with the United States Postal Service or other public or private delivery service.

   (4)   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 unit owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit shall receive notice.

   (5)   The notice of a hearing shall:

      a.   Describe the nature of the request.

      b.   Indicate the property which is the subject of the request and a listing of all street addresses within the property(ies) which is (are) the subject of the existing request. Street addresses do not need to be created and listed if no such addresses currently exist. If there are no street addresses, another means of identification may be used.

      c.   State when, where and at what time the request will be received concerning the request.

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

      e.   The location where the application documents can be viewed and copied prior to the date of the hearing.

(Ord. No. 152, 5-1-2006; Ord. No. 157, 11-6-2006; Ord. No. 176, 5-4-2009)