The city manager shall serve as the zoning administrator for the City of Montrose. The zoning administrator shall hereby administer and enforce this ordinance. He/she may be provided with the assistance of any other persons he/she deems necessary with the approval of the city council.

(Ord. No. 424, 10-9-2014)

The zoning administrator shall have the following duties:

1.

Zoning map. The zoning administrator shall maintain an accurate map of the zoning areas of the City of Montrose.

2.

Accept and record applications, issue and record permits. The zoning administrator shall act as advisor to applicants for zoning requests and/or building permits. He shall review site plans for zoning compliance and verify that construction projects have the proper permits. When all applicable provisions of the zoning ordinance have been met regarding any application, the zoning administrator shall issue a zoning permit for the proposed use. When conditions are not met, the zoning administrator shall consult with the applicant to determine the proper course of action. The zoning administrator shall maintain a record of all applications and zoning permits including documentation for each.

3.

Issue written denial. When an application for a zoning permit is denied, the zoning administrator shall provide the applicant with a written denial stating the reasons for the denial.

4.

Advisor. The zoning administrator shall act as advisor to the planning commission [now planning board—see Charter § 5-201] and the zoning board of appeals and submit all requests for changes to the zoning ordinance or variances to the proper board.

5.

Inspections. The zoning administrator shall be empowered to make inspections of buildings or premises to carry out the enforcement of the zoning ordinance. He/she should routinely conduct general inspections of the city, checking for violations.

6.

Response to complaints. The zoning administrator shall respond within five business days, whenever possible, to any complaint regarding an alleged violation of the terms or conditions of this ordinance or any permit issued pursuant to it. He/she shall provide a report at each regular planning commission [now planning board—see Charter § 5-201] meeting summarizing the nature and disposition of such complaints.

7.

Violations. If the zoning administrator shall find that any of the provisions of this ordinance are being violated, he/she shall notify in writing the person responsible for such violation, or the owner of record of the lot upon which such violation is taking place, indicating the nature of the violation and ordering the action necessary to correct it. He/she shall order discontinuance of the illegal use of any lot or structures, removal of illegal structures, or of illegal additions, alterations, or structural changes, discontinuance of any illegal work being done or shall take any other action authorized by the ordinance to ensure compliance with or to prevent violation of its provisions.

8.

May not change ordinance. Under no circumstances is the zoning administrator permitted to make changes in or to vary the terms of this ordinance.

1.

No building permit shall be issued for the construction, erection, alteration, expansion, moving, or repair of any building or other structure until a certificate of zoning compliance has been issued. Issuance of such a certificate shall indicate that the use and plans for which the permit is requested comply with this ordinance.

2.

It shall be unlawful to use or occupy or permit the use or occupancy of any building, structure or premises, or part thereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure, as permitted under the terms of this ordinance, until a certificate of zoning compliance has been issued.

3.

The zoning administrator shall maintain a record of all certificates of zoning compliance.

1.

As a condition of approval of a site plan, condominium plan, or special land use, the planning commission [now planning board—see Charter § 5-201] may require a financial guarantee of sufficient sum to assure [ensure] the installation of those features or components of the approved activity or construction which are considered necessary to protect the health, safety, and welfare of the public and of users or inhabitants of the proposed development. Such features or components, hereafter referred to as "improvements," may include but shall not be limited to roadways, curbs, landscaping, fences, walls, screens, lighting, drainage facilities, sidewalks, driveways, parking areas, utilities and similar items.

2.

Performance guarantees shall be processed in the following manner:

a.

Prior to the issuance of [a] certificate of zoning compliance or occupancy permit, the applicant shall submit an itemized estimate of the cost of the required improvements, which shall then be reviewed by the zoning administrator. The amount of the performance guarantee shall be 100 percent of the cost of installing the required improvements, plus the cost of necessary engineering and a reasonable amount for contingencies.

b.

The required performance guarantee may be in the form of a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the city.

c.

Upon receipt of the required performance guarantee, the zoning administrator shall issue a certificate of zoning compliance for the subject development or activity, provided it is in compliance with all other applicable provisions of this ordinance.

d.

The zoning administrator, upon the written request of the obligor, shall rebate portions of the performance guarantee upon determination that the improvements for which the rebate has been requested have been satisfactorily completed. The portion of the performance guarantee to be rebated shall be in the same amount as stated in the itemized cost estimate for the applicable improvement.

e.

When all of the required improvements have been completed, the obligor shall send written notice to the zoning administrator of completion of said improvements. Thereupon, the zoning administrator shall inspect all of the improvements and shall recommend to the council approval, partial approval, or rejection of the improvements with a statement of the reasons for any rejections. If partial approval is recommended, the cost of the improvement rejected shall be set forth.

f.

The council shall either approve, partially approve, or reject the improvements. The zoning administrator shall notify the obligor in writing the action of the council within 30 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from liability pursuant to relevant portions of the performance guarantee, except for that portion sufficient to secure completion of the improvement not yet approved.

g.

A record of authorized performance guarantees shall be maintained by the zoning administrator.

1.

Amendments may be for either zoning district boundary changes or zoning text changes.

2.

The city council may, with or without recommendations from the city planning commission [now planning board—see Charter § 5-201], amend, supplement or change the regulations or the district boundaries of this ordinance pursuant to the authority and according to the procedures set forth in Public Act No. 110 of 2006, the Michigan Zoning Enabling Act, MCL 125.3101 et seq., as amended. Whenever a petitioner requests a zoning district change, he shall be the fee holder owner of the premises concerned or else have the fee holder owner also subscribe to his petition.

3.

For any proposed amendments (text or boundary), the planning commission [now planning board—see Charter § 5-201] shall hold a public hearing as provided in Public Act No. 110 of 2006, the Michigan Zoning Enabling Act, MCL 125.3101 et seq., as amended. After the public hearing has been closed, the planning commission [now planning board—see Charter § 5-201] shall submit a report and recommendations to the city council on the proposed amendment.

a.

In the case of a text amendment, the city clerk shall post notice of public hearing in a newspaper of general circulation within the city not less than 15 days before the next regular meeting of the city planning board. In the case of rezonings, the city clerk shall further notify the applicant and all residents and owners of real property within 300 feet, regardless of municipal boundaries, of any parcel upon which a petition for amendment of zoning has been filed, of the time and place of all public hearing at which such petition for rezoning will be considered. Provided further, such notice of public hearings shall be given by first class United States mail, deposited at a United States Post Office at least 15 days prior to the date of the hearing. The notice shall include a description of the nature of the request, indicate the property that is the subject of the request by street address, state when and where the request will be considered and indicate when and where written comments can be received. The notice shall also include the places and times at which the tentative text and any maps of the zoning ordinance may be examined.

b.

If the name of the occupant is not known, the term "occupant" may be used in making notification under this subsection. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. In structures containing four or fewer dwelling units, only one occupant of each unit must be given notice for a public hearing.

c.

The notice shall include a listing of all existing street addresses within the 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.

d.

If 11 or more adjacent properties are proposed for rezoning, it is not required that the notice be provided to the recipients listed in subsection 19.5.3.a., and further, the notice need not contain the individual addresses of properties required to be listed under subsection 19.5.3.c.

e.

The city clerk shall give similar notice of the time and place of such hearing to each public utility company owning or operating any public utility, railroad within the district or zones affected or telecommunication providers within the district or zones that registered its name and address to receive such notice.

f.

Prior to making a decision at the next regularly scheduled city council meeting, the council must provide a hearing to any person requesting it. The city council shall consider the proposed amendment and may take the following actions on a zoning amendment:

(1)

Approve the proposed amendment by a majority vote.

(2)

Deny the request by a majority vote.

(3)

Hold a public hearing on the matter before reaching a decision.

(4)

Consider changes to the proposed amendment. The city council may refer any proposed amendments back to the planning board for consideration and comment within a time specified by the city council.

(Ord. No. 389, 12-12-2006; Ord. No. 427, § 15, 1-14-2016)

1.

Intent. It is recognized that there are certain instances where it would be in the best interests of the city, as well as advantageous to property owners seeking a change in zoning boundaries, if certain conditions could be proposed by property owners as part of a request for a rezoning. It is the intent of this section to provide a process consistent with the provisions of Section 405 of the Zoning Enabling Act, Public Act 110 of 2006 (MCL 125.3405), as amended, by which an owner seeking a rezoning may voluntarily propose conditions regarding the use and/or development of land as part of the rezoning request.

2.

Application and offer of conditions.

a.

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.

b.

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.

c.

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

d.

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

e.

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.

f.

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 zoning board of appeals in accordance with the provisions of this ordinance.

g.

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.

h.

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 council provided that, if such withdrawal occurs subsequent to the planning board's public hearing on the original rezoning request, then the rezoning application shall be referred to the planning board for a new public hearing with appropriate notice and a new recommendation.

3.

Planning board review. The planning board, after public hearing and consideration of the standards for approval set forth in section 19.6.5., may recommend approval, approval with recommended changes or denial of the rezoning; provided, however, that any recommended changes to the offer of conditions are acceptable to and thereafter offered by the owner.

4.

City council review. After receipt of the planning board's recommendation, the city council shall deliberate upon the requested rezoning and may approve or deny the conditional rezoning request. The city council's deliberations shall include, but not be limited to, a consideration of the standards for approval set forth in section 19.6.5. Should the city council consider amendments to the proposed conditional rezoning advisable and if such contemplated amendments to the offer of conditions are acceptable to and thereafter offered by the owner, then the city council shall, in accordance with the Michigan Zoning Enabling Act, (MCL 125.3401), refer such amendments to the planning board for a report thereon within a time specified by the city council and proceed thereafter in accordance with said statute to deny or approve the conditional rezoning with or without amendments.

5.

Factors. In reviewing an application for the rezoning or land where there is an offer of conditions, factors that should be considered by the planning board and the city council shall include the following:

a.

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

b.

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;

c.

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

d.

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.

6.

Approval.

a.

If the city council 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 council to accomplish the requested rezoning.

b.

The statement of conditions shall:

(1)

Be in a form recordable with the register of deeds of the county in which the subject land is located 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 council.

(2)

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

(3)

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

(4)

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.

(5)

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 Genesee County by the owner with a copy of the recorded document provided to the city within 45 days of its recording.

(6)

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.

c.

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.

d.

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 Genesee 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 council 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.

e.

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.

7.

Compliance with conditions.

a.

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.

b.

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

8.

Time period for establishing development or use. Unless another time period is specified in the ordinance rezoning the subject land, the approved development and/or use of the land pursuant to building and other required permits must be commenced upon the land within 36 months after the rezoning took effect and thereafter proceed diligently to completion. This time limitation may upon written request be extended by the city council if: (1) it is demonstrated to the city council's reasonable satisfaction that there is a strong likelihood that the development and/or use will commence within the period of extension and proceed diligently thereafter to completion; and (2) the city council finds that there has not been a change in circumstances that would render the current zoning with its statement of conditions incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy; and (3) the written request shall be made to the city council requesting the extension within six months of the end of the 36-month period.

9.

Reversion of zoning. If approved development and/or use of the rezoned land does not occur within the time frame specified under section 19.6.8. above, then the land shall revert to its former zoning classification as set forth in MCL 125.3405(2). The reversion process shall be initiated by the city council requesting that the planning board proceed with consideration of rezoning of the land to its former zoning classification. The procedure for considering and making this reversionary rezoning shall thereafter be the same as applies to all other rezoning requests.

10.

Subsequent rezoning of land. When land that is rezoned with a statement of conditions is thereafter rezoned to a different zoning classification or to the same zoning classification but with a different or no statement of conditions, whether as a result of a reversion of zoning pursuant to section 19.6.9. above or otherwise, the statement of conditions imposed under the former zoning classification shall cease to be in effect. Upon the owner's written request, the city clerk shall record with the register of deeds of the county in which the land is located a notice that the statement of conditions is no longer in effect.

11.

Amendment of conditions.

a.

During the time period for commencement of an approved development or use specified pursuant to section 19.6.8. above, or during any extension thereof granted by the city council, the council shall not add to or alter the conditions in the statement of conditions.

b.

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

12.

City right to rezone. Nothing in the statement of conditions nor in the provisions of this section shall be deemed to prohibit the city from rezoning all or any portion of land that is subject to a statement of conditions to another zoning classification. Any rezoning shall be conducted in compliance with this ordinance and the Michigan Zoning Enabling Act.

13.

Failure to offer conditions. The city shall not require an owner to offer conditions as a requirement for rezoning. The lack of an offer of conditions shall not affect an owner's rights under this ordinance.

(Ord. No. 427, § 16, 1-14-2016)

Editor's note— With the edition of new provisions set out as § 19.6 by Ord. No. 427, all subsequent existing sections 19.6—19.13 have been renumbered as §§ 19.7—19.14 as herein set out below.

The city planning commission [now planning board—see Charter § 5-201] is hereby designated as the commission specified in Public Act No. 110 of 2006, the Michigan Zoning Enabling Act, MCL 125.3101 et seq., as amended, and shall perform the zoning duties of said commission as provided in the statute in connection with any amendment of this ordinance.

(Ord. No. 427, § 17, 1-14-2016)

In cases where the planning commission [now planning board—see Charter § 5-201] is empowered to approve certain use of premises under the provisions of this ordinance, the applicant shall furnish such surveys, plans or other information as may be reasonably required by said commission for the proper consideration of the matter.

The planning commission [now planning board—see Charter § 5-201] shall investigate the circumstances of each such case and shall notify such parties, who may in its opinion be affected, of the time and place of any hearing which may be held as required under its rules of procedure.

(Ord. No. 427, § 18, 1-14-2016)

In the interpretation and application, the provisions of this ordinance shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience or general welfare. It is not intended by this ordinance to repeal, abrogate, annul, or in anyway to impair or interfere with any existing provision of law or ordinance other than the above described zoning ordinance, or with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises; provided, however, that where this ordinance imposes a greater restriction than is required by existing ordinance or by rules, regulations or permits, the provisions of this ordinance shall control. An American Standard Dictionary shall be used for definitions when not found in this ordinance.

(Ord. No. 326, § 1, 11-10-1999; Ord. No. 427, § 18, 1-14-2016)

Nothing in this ordinance should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein, and they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary for the preservation or protection of public health, safety, and welfare.

(Ord. No. 427, § 18, 1-14-2016)

1.

Civil infractions. A person, firm, or corporation who violates any provisions of this ordinance is responsible for a municipal civil infraction.

a.

A person, firm or corporation violating any provisions of this ordinance for the first time is responsible for a municipal civil infraction and is subject to payment of a civil fine of not less than $25.00 plus costs.

b.

A person, firm or corporation violating any provisions of this ordinance for the second time is responsible for a municipal civil infraction and is subject to payment of a civil fine of not less than $50.00 plus costs.

c.

A person, firm or corporation violating any provisions of this ordinance for the third time is responsible for a municipal civil infraction and is subject to payment of a civil fine of not less than $75.00 plus costs.

d.

A person, firm or corporation violating any provisions of this ordinance for the fourth or subsequent time is guilty of a misdemeanor, punishable by a fine of not more than $500.00 or imprisonment for not more than 90 days or both. Such fine and imprisonment [shall be] in the discretion of the court.

2.

Fines; imprisonment. The owner of any building, structure or premises or part thereof where any condition in violation of this ordinance shall exist or shall be created, and who has assisted knowingly in the commission of such violation shall be guilty of a separate offense and, upon conviction thereof, shall be liable to the fines and imprisonment herein provided.

3.

Public nuisance per se. Any building or structure which is erected, altered, or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of this ordinance and [is] in violation of any of the provisions thereof, is hereby declared to be a public nuisance per se and may be abated by order of any court of competent jurisdiction.

4.

Each day a separate offense. A separate offense shall be deemed committed upon each day during or when a violation occurs or continues.

5.

Right and remedies are cumulative. The rights and remedies provided in this ordinance are cumulative and are in addition to any other remedy provided by law.

(Ord. No. 427, § 18, 1-14-2016)

This ordinance and the various parts, subsections, paragraphs, sentences, phrases and clauses thereof are hereby declared to be severable. If any court of competent jurisdiction shall declare any part of this ordinance to be invalid, such ruling shall not affect any other provisions of this ordinance not specifically included in said ruling. Further, if any court of competent jurisdiction shall declare invalid the application of any provision of this ordinance to a particular lot, use, building, or structure, such ruling shall not affect the application of said provision to any other lot, use, building, or structure not specifically included in said ruling.

(Ord. No. 427, § 18, 1-14-2016)

A prosecution which is pending on the effective date of this ordinance and which arose from a violation of an ordinance repealed by this ordinance, or a prosecution which is started within one year after the effective date of this ordinance arising from a violation of an ordinance repealed by this ordinance, and which was committed prior to the effective date of this ordinance, shall be tried and determined exactly as if the ordinance had not been repealed.

(Ord. No. 427, § 18, 1-14-2016)

This ordinance shall become effective the 18th day of June 1995 following publication thereof in the newspaper circulating within said city.

(Ord. No. 427, § 18, 1-14-2016)