^(a) Plans are submitted to and reviewed by City engineer.

^(b) Jurisdiction is final unless matter is appealed to appropriate board of appeals.

^(c) Unless appealed to the court.

(Code 1979, § 11:1.360)

(a)

Established. Whenever, in the course of administration and enforcement of this article, it is necessary or desirable to make any administrative decision, then, in addition to any other standards set forth in this article, the decision shall be consistent with the intent and purpose of this article to protect the public health, safety and welfare and shall authorize any land use or activity only if it is determined to be compatible with adjacent uses of land, the natural environment and the capacity of affected public services and facilities. Under no circumstances, however, does the code enforcement officer, any of his subordinates or any elected official have the authority to waive, alter or change any provision of this article except pursuant to the Michigan Zoning Enabling Act (MCL 124.3101 et seq.) and this subsection.

(b)

Presumption of necessity of certain actions. Whenever any condition or limitation is included in any variance, approval, permit or other action taken pursuant to this chapter, it shall be conclusively presumed that the authorizing officer or body considered such condition or limitation necessary to carry out the spirit and purpose of this chapter or the requirements of some provision hereby to protect the public health, safety and welfare and that the officer or board would not have granted the variance, approval, permit or other action unless the condition or limitation was lawful.

(Code 1979, §§ 11:1.103, 11:1.105)

Any officer or employee of the City charged with the enforcement of this chapter, member of the planning commission or zoning board of appeals, while acting for the City, shall not thereby become liable personally and is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his official duties. Any suit instituted against any officer or employee because of an act performed by him in the lawful discharge of his duties and under the provisions of this chapter shall be defended by the legal representative of the City until the final termination of the proceedings. In no case shall the code enforcement officer or any of his subordinates, planning commissioner or member of the zoning board of appeals be liable for costs in any action, suit or proceedings that may be instituted in pursuance of the provisions of this chapter. Any officer of the office of the code enforcement officer or board member acting in good faith and without malice, shall be free from liability for acts performed under any ordinance provision or by reason of any act or omission in the performance of his official duties in connection herewith.

(Code 1979, § 11:1.302)

The provisions of this chapter shall be administered by the City planning commission and the City Council pursuant to the Michigan Zoning Enabling Act (MCL 125.3801 et seq.). The planning commission shall have the primary responsibility for the administration of this chapter; and may adopt and file rules and guidelines with the City Council to assist the code enforcement officer in enforcing this chapter.

(Code 1979, § 11:1.301)

(a)

Responsibilities to enforce chapter provisions; waiver of standards. It shall be the responsibility of the code enforcement officer to enforce the provisions of this chapter and in doing so shall perform the duties which follow. However, in no case shall the code enforcement officer or any of his subordinates waive any of the provisions or standards contained in this chapter:

(1)

Issue permits. All applications for zoning permits shall be submitted to the office of the code enforcement officer, who shall issue zoning permits and certificates of occupancy when applicable provisions of this chapter have been complied with.

(2)

File applications. The office of the code enforcement officer shall maintain files of all applications for zoning permits and for certificates of occupancy and shall keep records of all zoning permits and certificates of occupancy issued. These shall be filed in the office of the code enforcement officer. Such files and records shall be open to public inspection. Copies shall be furnished at a cost determined by the City Council upon request of any person.

(3)

Official copies. Maintain one official copy of an updated zoning ordinance and zoning map.

(4)

Inspections. The office of the code enforcement officer shall be empowered to make inspections of buildings or premises in order to properly carry out the enforcement of this chapter.

(5)

Record of complaints. The office of the code enforcement officer shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter, and of the action taken consequent to each such complaint. Such records shall be public record.

(6)

Report to the City Council. The code enforcement officer shall report to the City Council periodically at intervals of not greater than one year, summarizing for the period since the last previous report of all building permits, certificates of occupancy, all complaints of violations, all appeals, variances and exceptions granted by the zoning board of appeals and the action taken subsequent thereto. The planning commission shall receive copies of the periodic reports made to the City Council.

(7)

Site plan reviews. The code enforcement officer shall review site plans in accordance with division 4 of this article.

(8)

Floodplain management administrative duties: The code enforcement officer shall be responsible for the administration of the national flood insurance program.

(b)

Violations to be reported in written form. Any and all building or land use activities considered possible violations of the provisions of this chapter observed or communicated to the City police department or to any City official shall be reported to the office of the code enforcement officer in written form.

(Code 1979, §§ 11:1.303, 11:1.351)

In accordance with the Michigan Zoning Enabling Act (MCL 125.3101 et seq.) and the Michigan Planning Enabling Act (MCL 125.3801 et seq.), it shall be the responsibility of the planning commission to oversee the administration and enforcement of this chapter and in doing so shall perform the following duties:

(1)

Adopt rules and guidelines for the proper administration and enforcement of this chapter, as deemed necessary;

(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;

(4)

Make comprehensive review and recommend changes to the zoning ordinance, at minimum every five years or as needed;

(5)

Review all requests for special use permits and approve or deny the application based on the conditions of article VI of this chapter;

(6)

Review all proposed amendments to the zoning ordinance for compliance with the requirements of this chapter and thence recommend appropriate action to the City Council for approval, disapproval or modification;

(7)

Review all applications for division of a lot, according to the terms of section 109-595;

(8)

Classify a use which is not specifically mentioned as part of the use regulations of any district so that it conforms to a comparable permitted or prohibited use, in accordance with the purpose and intent of each district; and

(9)

Any other duties as required by the Michigan Zoning Enabling Act (MCL 125.3101 et seq.) and the Michigan Planning Enabling Act (MCL 125.3801 et seq.).

(Code 1979, § 11:1.310)

All fees for inspections and the issuance of permits or certificates required under this chapter shall be collected by the office of the code enforcement officer in advance of issuance. The amount of such fees shall be established by resolution of the City Council.

(Code 1979, § 11:1.335)

The office of the code enforcement officer shall make such inspections as are deemed necessary to ensure compliance with this chapter.

(Code 1979, § 11:1.334)

In cases where a building permit is required under the Stille-Derossett-Hale Single State Construction Code Act (MCL 125.1501 et seq.), the application and issuance of a zoning permit and a certificate of occupancy shall be fully coordinated and integrated into the building permit application and inspection process. As such, an application for a building permit shall also serve as an application for a zoning permit, and the granting or final approval of a building permit shall constitute a final approval of a zoning permit and eligibility for a certificate of occupancy.

(Code 1979, § 11:1.342)

Any permit issued by the office of the code enforcement officer shall become invalid if work does not start within six months of issuance or work stops for a period of six months prior to completion of the permitted work.

(Code 1979, § 11:1.331)

When amendments to this chapter are made, conformity with the amended provisions of the ordinance shall not be required for construction or use for which a lawful permit was issued prior to the effective date of the amendment of the ordinance from which this article is derived, unless such conformity is specifically required in the amended ordinance. However, the previously authorized construction shall be completed, or the previously authorized use commenced within two years after the date of issue of the permit, or the permit shall become void.

(Code 1979, § 11:1.332)

The code enforcement officer 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. A permit or approval may also be revoked if the appellant or permit holder fails to comply with any lawful condition established by the planning commission or zoning board of appeals.

(Code 1979, § 11:1.333)

(a)

Issuance requirements. The following provisions shall apply in the issuance of any zoning permit in addition to any requirements for a particular use contained in this chapter:

(1)

Commencement. Excavation for a pond, borrow pit, building or structure shall not be commenced, filling of property, the erection, addition to, alteration of, moving of any building or structure shall not be undertaken, land shall not be used or an existing use of land shall not be changed to a use of a different type or class, until a zoning permit has been secured from the office of the code enforcement officer.

(2)

Application for zoning permit. Application for a zoning permit shall be made by the owner of the lot on which the proposed construction or use is to take place. There shall be submitted to the code enforcement officer with each application for a zoning permit an accurate scale map showing the following:

a.

The location, shape, area, dimensions and legal description of the parcel and location of easements;

b.

The location, dimensions, height of the existing and/or proposed structures to be erected, altered or moved on the parcel;

c.

The existing or intended uses;

d.

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

e.

The yard, open space and parking space dimensions; and

f.

Any change to the contour of the parcel involved.

(b)

Permit for new principal or use; proof of equitable title. An application for a zoning permit for any new principal structure or use shall be accompanied by proof of equitable title. In order to ensure compliance with dimensional requirements of this chapter and to protect public easements and private property from encroachment, the code enforcement officer may require a recorded survey to resolve concerns that arise with an application for a zoning permit.

(Code 1979, § 11:1.320)

(a)

New construction. After May 9, 2004, no new building, addition or other facility shall be occupied or used until a certificate of occupancy has been obtained from the code enforcement officer. Such certificate shall be issued only where it appears that the proposed use of the particular land as developed at the time of issuance will be in full compliance with all of the use and other regulations of this chapter and that the prescribed fee has been paid. Temporary certificates of occupancy shall be issued only as specifically authorized in this chapter.

(b)

Sale of premises.

(1)

Prior to the sale (whether by warranty deed, land contract, lease purchase or any other conveyance mechanism) of an existing structure, whether used for residential or business purposes or both, an application for a certificate of occupancy must be filed with the building inspector and an inspection of the structure conducted. The owner of the premises or his agent must contact the code enforcement officer to request an inspection. This inspection shall be for the purpose of determining compliance with article III of chapter 103 (property maintenance code).

(2)

If, during an inspection, violations of the property maintenance code are noted, said violations must be corrected before a certificate of occupancy will be issued, with the exception that the code enforcement officer may, at his discretion, issue a temporary certificate of occupancy for a period not to exceed one year, to allow occupancy of a structure while corrections of violations which are deemed not to pose a threat to the safety of the occupants or the public are made. Such temporary certificate of occupancy shall clearly state the corrections to be made and the expiration date of the certificate, and the penalty that may arise from occupying the building beyond the expiration date of the temporary certificate of occupancy without having corrected the violations noted in the inspection, requested reinspection, and obtained a final certificate of occupancy. Occupancy or use of an existing structure after a change in ownership without first obtaining a certificate of occupancy is a violation of this chapter.

(Code 1979, § 11:1.340)

New certificates of occupancy may be issued upon request of the owner for existing building, structures or parts thereof following an inspection and the correction of all defects pursuant to section 109-70.

(Code 1979, § 11:1.341)

No building or structure shall be erected or enlarged, no driveway, paved area, or parking area constructed and no use requiring a special use permit commenced or expanded until a site plan therefor has been submitted and approved. This requirement does not apply to the construction or enlargement of a single-family or two-family dwelling nor to the construction of a garage or other structure which is accessory to a single-family or two-family dwelling located in district R-1, R-2 or R-3 nor to alternations or additions in district M-1 where such alternations or additions are entirely located at least 100 feet from any lot line and do not involve making provision for additional parking or the construction, alteration or abandonment of any driveway. Exemption from site plan requirements does not authorize violation of any provision of this section. No certificate of occupancy shall be granted until all improvements shown on an approved site plan have been completed in accordance therewith, provided that, upon a finding by the code enforcement officer that certain improvements cannot be completed due to season or other factors beyond the control of the developer, a temporary certificate of occupancy may be issued bearing an expiration date, which date shall allow reasonable time for completion, upon posting of a cash bond in double the sum estimated by the code enforcement officer to be needed to complete all required improvements, conditioned on completion of all required improvements prior to the expiration date of the temporary certificate of occupancy and forfeiture of any portion thereof not so applied. No action or inaction by the City in respect to any required improvement shall serve to extend the time of validity of any temporary certificate of occupancy or excuse any violation of this section. A temporary certificate of occupancy may, however, be extended by the code enforcement officer in time and from time to time for good cause shown and any such extension shall operate to extend, for the same period, the time for completion under the terms of the bond.

(Code 1979, § 11:1.801)

(a)

Every site plan shall be submitted to the code enforcement officer on one or more sheets of paper measuring not more than 24 by 36 inches, drawn to a scale not more than 40 feet to the inch, which shall show the following:

(1)

The boundary lines of the lot or lots included in the site plan including angles, dimensions and reference to a section corner, quarter corner or point on a recorded plat, an arrow pointing north and the lot area of the land included in the site plan.

(2)

Existing and proposed grades and drainage systems and structures with topographic contours at intervals not exceeding two feet.

(3)

The shape, size, location, height and building area of all structures and the finished ground and basement floor grades.

(4)

Natural features such as woodlots, streams and lakes or ponds and manmade features such as existing roads and structures, with indication as to which are to be retained and which removed or altered. Adjacent properties, existing property line elevations and the uses of all adjacent properties shall be identified.

(5)

Proposed street, driveways, parking spaces, landing spaces and sidewalks with all curbs. The width of streets, driveways and sidewalks and the total number of parking spaces shall be shown.

(6)

The size and location of all existing and proposed public and private utilities and required landscaping.

(7)

A vicinity sketch showing the location of the site in relation to the surrounding street system.

(8)

A legal description of the land included in the site plan and of the lot.

(9)

The name, address and telephone number of the owner, developer and designer.

(10)

Any other information necessary to establish compliance with this and other ordinances or the availability of adequate utility capacity.

(b)

Where the site plan involves construction or alteration costing more than $10,000.00, it shall be certified by a registered architect, landscape architect, surveyor or civil engineer. The code enforcement officer may waive the furnishing of any of the information specified in subsection (a) of this section, where it is obviously unneeded to determine whether or not the site plan is eligible for approval.

(c)

In addition to the requirements provided for in subsections (a) and (b) above, site plans submitted for a marihuana facility under the City's medical marihuana facilities ordinance or a marihuana establishment under the City's marihuana establishments ordinance must meet the following minimum requirements:

(1)

For all marihuana facilities and marihuana establishments:

a.

Maintain a minimum 600-foot buffer zone from pre-existing public or private school properties providing education in kindergarten or any of grades 1 through 12.

b.

Maintain a minimum 300-foot buffer zone from any daycare, child care, and playground properties. "Playground properties" means that area owned, leased, rented, and/or operated by the City, where the City has established, installed, or provided recreational facilities, including, by way of description, but not limited to, swings, slides, water fountains, teeter totters, jungle gyms, and sandboxes. A playground may or may not be fenced in. "Playground properties" does not include that area used for baseball diamonds, soccer fields, football fields, etc., unless those properties are owned or occupied by any school.

c.

Maintain a minimum 200-foot buffer zone from all properties owned or used by religious organizations.

d.

Maintain a minimum 200-foot buffer zone from any properties used, owned, or occupied as a marihuana provisioning center or marihuana retailer from another marihuana provisioning center or marihuana retailer.

e.

A satisfactory exterior lighting system.

f.

A satisfactory building security system.

g.

A satisfactory on-site security guard program.

h.

An off-site official contact list.

i.

Established hours of operation.

j.

Appropriate signage. No pictures or drawings depicting marihuana or any marihuana paraphernalia shall appear on the outside of the premises or shall be visible from outside the premises. The words "marihuana," "cannabis" and any words used or intended to be used to convey the presence of marihuana shall not appear on the outside of the premises per state law. Marihuana products must not be marketed or advertised to minors aged 17 years or younger. Any signage targeting minors is prohibited.

k.

A plan for facility inspection by the City shall include no less than an annual comprehensive fire and security inspection.

l.

A security plan approved by the state or City police department.

m.

All waste and by-products must be securely stored in a locked and enclosed space.

n.

Co-location and stacking of marihuana facility or marihuana establishment licenses as permitted by applicable ordinance and state law, shall be permitted up to, but not beyond, any applicable lot coverage limitations set forth in this chapter.

o.

Such other conditions as may be suitable for the particular license, or facility to be operated by the marihuana facility or marihuana establishment licensee.

p.

No outdoor grow facilities or establishments will be allowed.

q.

All buffer zone distances as set forth in this section 109-189 shall be applied by measuring the distance between the closest property lines of said properties.

(2)

For a marihuana grower facility or marihuana grower establishment, in addition to all other applicable requirements:

a.

The odor must be managed at the site and by the installation of a suitable operable filtration system connected to appropriate ventilation and exhaust equipment, and odors must otherwise be effectively confined to the interior of the building from which the odor is generated.

b.

For a facility using artificial light for night time growing periods, a plan satisfactorily demonstrating that the marihuana facility or marihuana establishment licensee can contain all artificial light within the interior space of the facility.

(3)

For a marihuana processor, facility or a marihuana processor establishment, in addition to all other applicable requirements:

a.

The odor must be managed at the site and by the installation of a suitable operable filtration system connected to appropriate ventilation and exhaust equipment, and odors must otherwise be effectively confined to the interior of the building from which the odor is generated.

b.

No marihuana shall be manufactured or processed in any manner that would create excessive noise beyond the interior of the structure if occupants of adjoining structures or properties may be disturbed by said noise.

c.

For a facility using artificial light for night time operations, a plan satisfactorily demonstrating that the marihuana facility licensee can contain all artificial light within the interior space of the facility.

(4)

For a marihuana provisioning center or a marihuana retailer, in addition to all other applicable requirements:

a.

The odor must be managed at the site and by the installation of a suitable operable filtration system connected to appropriate ventilation and exhaust equipment, and odors must otherwise be effectively confined to the interior of the building from which the odor is generated. The ordinance from which this section is derived shall take effect ten days after publication, as provided by City Charter.

(Code 1979, § 11:1.811; Ord. of 8-21-2023(2); Ord. of 10-18-2024)

Upon receipt of any site plan, the code enforcement officer shall review it to determine whether it is in proper form, contains all of the required information, shows compliance with this and all other provisions of this Code and demonstrates the adequacy of utility service. Upon demand by the proposer of the site plan, the code enforcement officer shall, within ten days, approve it in writing or deny approval in writing, setting forth in detail his reasons which shall be limited to any defect in form or required information, any violation of any provision of this chapter or other provision of the this Code or the inadequacy of any utility and any changes which would make the plan acceptable. The proposer or any citizen may appeal the decision of the code enforcement officer to the zoning board of appeals.

(Code 1979, § 11:1.812)

In order to assist in the design phase of a project, the developer may request, and shall be granted, the opportunity to submit a preliminary site plan to the planning commission for its comments and recommendations.

(Code 1979, § 11:1.813)

The regulations and provisions stated in the text of this chapter and the boundaries of zoning districts shown on the zoning districts map of the City may be amended pursuant to the Michigan Zoning Enabling Act (MCL 125.3101 et seq.).

(Code 1979, § 11:1.1301)

(a)

Resolution. The City Council shall establish, by resolution, fees for zoning amendment petitions.

(b)

Payment. Such fee shall be paid in full at the time of application and no part of such fee shall be returnable to the petitioner.

(c)

City agencies exempt. Fees shall not be required for amendments proposed or requested by any agent of the City.

(Code 1979, §§ 11:1.1311—11:1.1313)

All petitions for amendment shall be submitted as provided herein:

(1)

The petitioner shall cause to be delivered to the code enforcement officer, not less than 15 days before any regular meeting of the planning commission, one copy of the petition and supporting documents.

(2)

A petition shall be made for each lot which is not contiguous to any adjacent lot being proposed for the same type amendment.

(Code 1979, § 11:1.1321)

The code enforcement officer shall review each petition to ensure compliance with the provisions of this chapter.

(1)

Any petition not in compliance with this chapter shall be returned to the petitioner.

(2)

Any petition not in compliance with this chapter shall not constitute filing to commence the running of time for processing the petition.

(3)

Any petition meeting the requirements of this chapter will be scheduled for public hearing by the code enforcement officer unless the petition is withdrawn by the petitioner.

(Code 1979, § 11:1.1322)

Any person may present testimony or evidence in support of or opposition to a proposed amendment at the public hearing, or may submit a written statement to the code enforcement officer prior to the hearing at which the petition will be considered. Any written comments received prior to the hearing shall be read into the record of the public hearing by the code enforcement officer.

(Code 1979, § 11:1.1323)

A copy of the petition shall be submitted to the City planning commission through the office of the code enforcement officer at it's next regular meeting after filing with the code enforcement officer, for review and recommendation. The planning commission shall take action to recommend approval or denial of the proposed amendment based upon the petition's level of conformity with the City general plan. The planning commission's recommendation shall be in writing and shall fully explain the relationship of the proposed amendment to the documents mentioned herein and other applicable planning criteria. Such recommendations shall be made within 40 days of receipt of the petition, to the City Council.

(Code 1979, § 11:1.1331)

In reviewing any petition for a zoning amendment, the planning commission shall identify and evaluate all factors relevant to the petition and shall report its findings in full, along with its resulting recommendations for the proper disposition of the petition to the City Council. The facts to be expressly considered by the planning commission shall include, but shall not be limited to, the following:

(1)

What, if any, identifiable conditions related to the petition have changed which justify the petitioned change in zoning.

(2)

What, if any, error in judgment, procedure or administration was made in the original ordinance which justifies the petitioned change in zoning.

(3)

What is the precedent and the possible effects of such precedent which might result from the approval or denial of the petition.

(4)

What is the impact of the amendment on the ability of the City and other governmental agencies to provide adequate public services and facilities and/or programs that might reasonably be required in the future if the petition is approved.

(5)

Does the petitioned zoning change adversely affect the environmental conditions or value of the surrounding property.

(6)

Does the petitioned zoning change generally comply with the adopted City general plan.

(7)

Are there any significant negative environmental impacts which would reasonably occur if the petitioned zoning change and resulting allowed structures were built such as:

a.

Surface water drainage problems.

b.

Wastewater disposal problems.

c.

Adverse effect on surface or subsurface water quality.

d.

The loss of valuable natural resources (such as forest, wetlands, historic sites, wildlife or mineral deposits).

(Code 1979, § 11:1.1340)

(a)

The planning commission shall conduct at least one public hearing on each petition for amendment notice of which shall be given in accordance with the Michigan Zoning Enabling Act (MCL 125.3101 et seq.):

(1)

By publication in a newspaper of general circulation in the City not less than 15 days before the date of the hearing.

(2)

Not less than 15 days notice of the time and place of the hearing shall also be given by mail to each electric, gas or pipeline, telephone public utility company, any telecommunications service provider, any railroad company operating within the district or zone effected and any airport manager of an airport that registers its name and mailing address with the office of the code enforcement officer for the purpose of receiving the notice of public hearings.

(3)

If the proposal involves rezoning of property, notice shall be mailed by first class mail to the owners of all properties for which rezoning is proposed, not less than 15 days before the hearing to all persons to whom real property is assessed within 300 feet of the property and to the occupants of all structures within 300 feet of the property. 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 special 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)

The notices shall include a summary of the regulatory effect of the amendment, including the geographic area affected, or the text of the amendment, the time and place of the hearing, and the places and times at which the tentative text and maps of the zoning ordinance may be examined, and when and where written comments will be received. The notice shall include the street addresses of all property affected by the request, if known; if no address exists, other means of property identification may be used. The code enforcement officer shall maintain a file of each affidavit of mailing or affidavit of publication for each mailing or publication made under this section.

(Code 1979, § 11:1.1359)

All findings of fact shall be made a part of the public records of the meetings of the planning commission and the City Council. After the hearing, the City planning commission shall submit a summary of the comments received at the public hearing, its findings of fact, and the proposed amendment, including any zoning maps and other related material to the City Council, along with its recommendation for approval or denial of the proposed amendment.

(Code 1979, § 11:1.1360)

State Law reference— Similar provisions, MCL 125.3306, 125.3103, 125.3202.

(a)

After receiving the recommendations of the planning commission, the City Council, at any regular meeting or at any special meeting called for the purpose, shall consider said findings of fact and recommendation and vote upon the adoption of the petitioned amendment. Such action shall be by majority vote of the members of the City Council. The notice shall be published in accordance with the Michigan Zoning Enabling Act (MCL 125.3101 et seq.).

(b)

Further, it is understood pursuant to the Michigan Zoning Enabling Act (MCL 125.3101 et seq.) that the City Council may, at its discretion, make a change or changes to the proposed amendment, or may refer the petition back to the planning commission. If the City Council does not refer a proposed change back to the planning commission, the planning commission shall have 30 days from and after such referral in which to make a further recommendation to the City Council after which the City Council shall take action as it determines necessary. In the event that a petition is referred back to the planning commission, the City Council shall make specific mention of their objections to the results of the planning commission's findings and recommendation.

(c)

It is further understood that, in order to lessen the possibility of adverse litigation concerning the zoning decisions of the City Council, the council shall list reasons or make a complete record of the rationale for the action taken on each petition for amendment to the chapter.

(Code 1979, § 11:1.1370)

An amendment is subject to a protest petition, as provided in the Michigan Zoning Enabling Act (MCL 125.3101 et seq.). Upon the presentation of a protest petition meeting the following requirements, an amendment to the zoning ordinance, which is the object of the petition, shall be passed only by a two-thirds vote of the City Council, unless a larger vote, but not to exceed three quarters vote, is required by ordinance or charter. The protest petition shall be presented to the City Council before final City Council action on the amendment, and shall be signed by one of the following:

(1)

The owners of at least 20 percent of the area included in the proposed change.

(2)

The owners of at least 20 percent of the area of land included within an area extending outward 100 feet from any point on the boundary of the land included in the proposed change.

Note— For the purpose of this section, publicly owned land shall be excluded in calculating the 20 percent land area requirement.

(Code 1979, § 11:1.1371)

State Law reference— Similar provisions, MCL 125.3403.

The amendment shall become effective seven days following publication of the notice of ordinance adoption, as specified in section 109-233, or at such later date after publication as specified by the City Council and duly noted in the notice of ordinance adoption.

(Code 1979, § 11:1.1380)

Following the adoption of an amendment by the City Council, one notice of adoption shall be published in accordance with the Michigan Zoning Enabling Act (MCL 125.3101 et seq.), in a newspaper of general circulation in the City within 15 days after its adoption. A copy of the notice of adoption shall be sent by mail to the manager of any airport that has registered its name and mailing address with the office of the code enforcement officer for the purpose of receiving notice under section 109-228. The notice of adoption shall include the following information:

(1)

A summary of the regulatory effect of the amendment, including the geographic area affected, or the text of the amendment.

(2)

The effective date of the amendment of the ordinance from which this article is derived.

(3)

The place and time where a copy of the ordinance may be purchased or inspected.

(Code 1979, § 11:1.1390)

There is hereby established a zoning board of appeals in accordance with the Michigan Zoning Enabling Act (MCL 125.3101 et seq.). The board of appeals shall perform its duties and exercise its powers in such a way that the objectives of this chapter may be equitably achieved.

(Code 1979, § 11:1.411)

State Law reference— Zoning board of appeals required, MCL 125.3601.

(a)

The zoning board of appeals shall consist of seven members and up to two alternates.

(1)

The first member of the zoning board of appeals shall be a member of the planning commission. The second member may be a member of the City Council, however, this member shall not serve as chair of the board of appeals. The remaining members shall be selected from the electors residing in the City and should be representative of the various interests present in the City such as environmental, governmental, business, and other socio economic interests.

(2)

All members shall be appointed by the mayor with consent by the City Council. Except as noted in subsection (a)(1) of this section, no other member shall be an elected officer of the City, or an employee of the City. Members, other than the planning commission and, if appointed, City Council representative shall each serve a term of three years staggered in such a way that the term of at least one member expires each year.

(3)

The planning commission representative and, if appointed, City Council representative, who shall not be the same member, shall only serve while holding office on those respective bodies.

(4)

A member of the zoning board of appeals may be paid a reasonable per diem and reimbursed for expenses actually incurred in the discharge of his duties.

(5)

A member of the zoning board of appeals shall disqualify himself from a vote in which the member has a conflict of interest and remove himself from being involved in any discussion regarding the case. Failure of a member to disqualify himself from a vote in which the member has a conflict of interest shall constitute misconduct in office.

(b)

The mayor, with consent by the City Council, may appoint up to two alternate members with the same qualifications as regular members for the same terms as the regular members.

(1)

An alternate may be called to serve as a regular member in the absence of a regular member if the regular member will be unable to attend one or more meetings. An alternate member may also be called to serve as a member for the purpose of reaching a decision on a case in which the member has abstained for reasons of conflict of interest.

(2)

The alternate member shall serve in the case until a final decision is made, and shall have the same voting rights as a regular member of the zoning board of appeals.

(Code 1979, § 11:1.412)

State Law reference— Similar provisions, MCL 125.3601.

The zoning board of appeals shall have the duty to rule on petitions for appeal, interpretation, or variance, as provided for in this chapter.

(Code 1979, § 11:1.414)

(a)

The zoning board of appeals shall have the power to make final determinations, within its jurisdiction and duties herein prescribed, in such a way that the objectives of this chapter may be equitably achieved in order that there shall be uniform interpretation and flexibility in the enforcement of this chapter or to fulfill any other responsibilities bestowed upon the zoning board of appeals by this chapter.

(b)

The zoning board of appeals may require that a bond be furnished to insure compliance with the requirements, specifications and conditions imposed with the granting of any variance. The amount and type of the bond shall be determined by the zoning board of appeals. The amount of the bond shall be based on the estimated cost of compliance with the requirements, specifications and conditions imposed by the board, and may be reduced from time to time as partial compliance is achieved.

(Code 1979, § 11:1.415)

State Law reference— General powers of board of zoning appeals, MCL 125.3603; performance guarantees, MCL 125.3505.

The zoning board of appeals shall adopt rules of procedure for the conduct of its meetings and implementation of its duties. The zoning board of appeals shall choose its own chair and, in his absence, an acting chair, who may administer oaths and compel the attendance of witnesses.

(Code 1979, § 11:1.421)

State Law reference— Procedural rules authorized, MCL 125.3601.

The zoning board of appeals shall not conduct business unless a majority of the members are present. Four members of the zoning board of appeals shall comprise a quorum for the purpose of conducting a meeting of the zoning board of appeals. Meetings shall be held at the call of the chair or the code enforcement officer with written notices mailed by first class mail to the address of each member of the zoning board of appeals. All meetings of the zoning board of appeals shall be open to the public.

(Code 1979, § 11:1.422)

State Law reference— Required majority for decisions, MCL 125.3603.

(a)

A record of proceedings, or minutes, of the zoning board of appeals shall be kept by the City clerk/treasurer.

(b)

Minutes of all meetings shall be in writing and shall contain the grounds of every determination made by the zoning board of appeals, including all evidence and data considered and all findings of fact and conclusions drawn by the board for every case, together with the vote of the members and the final disposition of each case. Such minutes shall be filed in the office of the City clerk/treasurer and shall be available to the public.

(c)

The record of proceedings for each appeal, interpretation, or variance shall also be filed in the office of the code enforcement officer, and shall contain the following information, when applicable:

(1)

The application (for an appeal, variance or interpretation).

(2)

Any reports, plans, surveys or photos.

(3)

Notice of public hearing to affected parties in a newspaper.

(4)

Letter from the office of the code enforcement officer granting or denying the application or referring it to the zoning board of appeals and all other relevant records related to the case.

(5)

Affidavit of publication of notice of hearing.

(6)

Record of testimony heard and evidence presented.

(7)

A copy of the zoning section in question.

(8)

Briefs, correspondence or other communications made to the zoning board of appeals.

(9)

Statement of facts found by the board, of its own knowledge, regarding the request, including any information gained from personal inspection.

(10)

Decision of the board as specifically related to the findings of fact.

(11)

A copy of any other correspondence to the appellant regarding the request.

(Code 1979, § 11:1.423)

The zoning board of appeals shall fix a reasonable time and date for a public hearing, not to exceed 45 days from the date of filing any petition of appeal, interpretation, or variance with the code enforcement officer. The petitioner may be represented at the hearing in person or by agent or attorney.

(Code 1979, § 11:1.424)

A notice of hearing shall state the time, place and object of the hearing, and shall be made as follows:

(1)

Notice of all zoning board of appeals hearings shall be published in a newspaper of general circulation. All notices of a hearing shall be mailed and published not less than 15 days prior to the date on which the hearing is to be held in accordance with the Michigan Zoning Enabling Act (MCL 125.3101 et seq.).

(2)

In all cases involving a variance request, or an appeal or an interpretation involving a specific property, a notice of hearing shall be mailed by first class mail or personal delivery not less than 15 days prior to the hearing to the owners of the property for which approval or review is requested and all owners of record and to all occupants of real property within 300 feet of the lot or lots to which the variance would apply. Such notice shall conform to the requirements set forth in the Michigan Zoning Enabling Act (MCL 125.3101 et seq.).

(Code 1979, § 11:1.425)

The concurring vote of a majority of the membership of the zoning board of appeals shall be necessary to reverse any order, requirement, decision or determination of the code enforcement officer or to decide in favor of the applicant on any matter upon which they are required to pass under this ordinance or to affect any variance.

(Code 1979, § 11:1.426)

State Law reference— Similar provisions, MCL 125.3603.

The zoning board of appeals shall return a decision on a case within 60 days after a request or appeal has been filed, unless an extension of time is agreed upon by the appellant and a majority of the membership of the zoning board of appeals present. Any decision of the zoning board of appeals shall not become final until the zoning board of appeals has certified its decision in writing or approves the minutes of its decision. Any decision of the zoning board of appeals may be appealed to the circuit court within 21 days after the zoning board of appeals certifies its decision in writing, or 30 days after the minutes of the meeting at which the decision is rendered are approved, whichever occurs first.

(Code 1979, § 11:1.427)

An appeal may be taken by any person aggrieved or by an officer, department or board of the City from which the appeal arises of any order, requirement, decision or determination made by any administrative official charged with the enforcement of this chapter.

(Code 1979, § 11:1.431)

An appeal under this section shall be taken within such time as prescribed by the zoning board of appeals by general rule, by filing with the body or officer from whom the appeal is taken and with the zoning board of appeals a notice of appeal specifying the grounds for the appeal. The body or officer from whom the appeal is taken shall immediately transmit to the zoning board of appeals all of the papers constituting the record upon which the action appealed from was taken. Notwithstanding the forgoing, before such an appeal shall be processed, the fees for the appeal, as hereinafter set forth, shall be paid to the City.

(Code 1979, § 11:1.432)

After conducting a public hearing as required by the Michigan Zoning Enabling Act (MCL 125.3101 et seq.) to take testimony pertinent to the petition for appeal, the board of appeals may reverse or affirm, wholly or partially, or may modify the order, requirement, decision or determination from which the appeal is taken, and to that end shall have all powers of the officer from whom the appeal is taken. The decision shall be based solely on the laws, ordinances and administrative rules governing the actions of the officer from whom the appeal is taken. In the hearing of a petition for appeal, the zoning board of appeals shall have no power to vary or waive any requirement of any law, ordinance or administrative rule.

(Code 1979, § 11:1.433)

The board of appeals shall hear nonconformity appeals according to the terms of section 109-267.

(Code 1979, § 11:1.434)

Appeals fees shall be established, from time to time, by resolution of the City Council.

(Code 1979, § 11:1.435)

An appeal stays all proceedings in furtherance of the action appealed. However, if the officer or body from whom the appeal is taken certifies to the zoning board of appeals, after the notice or petition of appeal shall have been filed, that by reason of facts stated in the certificate, a stay would in the opinion of the body or officer cause imminent peril to life or property, proceedings may be stayed only by a restraining order issued by the zoning board of appeals or the circuit court.

(Code 1979, § 11:1.436)

The zoning board of appeals shall have the power to:

(1)

Interpret, upon request, the provisions of this chapter in such a way as to carry out the intent and purpose of the chapter;

(2)

Determine the precise location of the boundary lines between zoning districts;

(3)

Determine the off-street parking and loading space requirements of any use not specifically mentioned in section 109-502;

(4)

Floodplain mapping disputes.

a.

Where disputes as to the location of the flood hazard boundary of an inland lake or stream arise, such disputes shall be resolved by the state department of environmental quality.

b.

Where disputes as to the location of the flood hazard boundary of the Great Lakes arise, such disputes shall be resolved by the zoning board of appeals, after submission of a topographical survey made by a land surveyor licensed by the state, showing the contour line of the 100-year flood elevation in relation to the boundaries of the parcel of the land in question.

(Code 1979, § 11:1.437)

After conducting a public hearing as required by the Michigan Zoning Enabling Act (MCL 125.3101 et seq.), the board of appeals may authorize specific variances from such requirements as: lot area and width regulations, yard and depth regulations, off-street parking and loading space requirements and sign and billboard regulations, provided all of the basic conditions listed herein and any one of the standards listed thereafter shall be satisfied.

(1)

Standards. A variance from this chapter:

a.

Will not be contrary to the public interest or to the intent and purpose of this chapter.

b.

Shall not permit the establishment within a district of any use which is not permitted by right within that district or any use variance for which a special use permit is required pursuant to article VI of this chapter.

c.

Will not cause a substantial adverse effect upon property values in the immediate vicinity or in the district in which the property of the applicant is located.

d.

Is not one where the specific conditions relating to the property are so general or recurrent in nature as to make the formulation of a general regulation for such conditions reasonably practical.

e.

Will relate only to property that is owned or occupied by the appellant.

f.

The condition which is the basis for the application has not been created by the applicant.

g.

Will not establish unwanted precedent.

(2)

Special conditions. When all of the standards in subsection (1) of this section can be satisfied, a variance may be granted when one of the following special conditions can be clearly demonstrated:

a.

Where there are practical difficulties which prevent carrying out the strict letter of this chapter. These difficulties shall not only be deemed economic, but shall be evaluated in terms of the use of a particular parcel of land.

b.

Where there are exceptional or extraordinary circumstances or physical conditions such as narrowness, shallowness, shape, or topography of the property involved or to the intended use of the property that do not generally apply to other property or uses in the same zoning district. Such circumstances or conditions shall have not resulted from any act of the appellant subsequent to May 9, 2004.

c.

Where such variation is necessary for the preservation of a substantial property right possessed by other properties in the same zoning district.

(3)

Additional rules. In addition to the conditions in subsections (1) and (2) of this section, the following rules shall be applied to the granting of variances:

a.

The board of appeals may specify, in writing, such conditions as it deems necessary to secure the objectives and purposes of this chapter. The breach of any such condition shall automatically invalidate the permit granted.

b.

Every variance granted under the provisions of this chapter shall become null and void unless the construction authorized by such variance or permit has been commenced within six months after the granting of the variance and the occupancy of land, premises or buildings authorized by the variance has taken place within one year after the granting of the variance.

c.

No application for a variance which has been denied, wholly or in part, by the board of appeals shall be resubmitted for a period of one year from the date of the last denial except on the grounds of newly discovered evidence or proof of changed conditions, found to be valid upon inspection by the board of appeals.

(Code 1979, § 11:1.438)

State Law reference— Variances, MCL 125.3604.