The provisions of this Ordinance shall be administered and enforced by the City Commission through the Community Development Director or any other employees, inspectors and officials as the City Commission may delegate to enforce the provisions of the Ordinance.

(ord. eff. April 24, 2021)

The Community Development Director shall have the power to grant building and occupancy permits, to make inspections of buildings or premises to carry out his/her duties in the enforcement of this Ordinance. It shall be unlawful for the Community Development Director to approve any plans or issue a building permit for any excavation or construction until he/she has inspected such plans in detail and found the plans/use to be in compliance with this Ordinance. To this end, the Community Development Director shall require that every application for a building permit for excavation, construction, moving, alteration, or change in type of use or the type of occupancy be accompanied by written statement and plans or plats drawn to scale and showing the following in sufficient detail to enable the Building Inspector to ascertain whether the proposed work or use is in conformance with this Ordinance:

1.

The actual shape, location and dimensions of the lot.

2.

The shape, size and location of all buildings or other structures to be erected, altered or moved and of any buildings or other structures already on the lot.

3.

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

4.

The signature of the fee holder owner of the premises concerned.

5.

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

6.

The Community Development Director under no circumstances is permitted to grant exceptions or vary the terms of this Ordinance.

(ord. eff. April 24, 2021)

The table below summarizes the approval and level of compliance required for development and re-occupancy applications. The following abbreviations represent the approval authorities for projects listed in the table:

SPR: Site Plan Review in accordance with Article 11, particularly Section 11.02

SLU: Special Land Use review by Planning Commission or City Council, see Article 13

Admin: Administrative review and approval in accordance with Article 11

(ord. eff. April 24, 2021)

The following shall apply in the issuance of any permit:

A.

PERMITS REQUIRED. It shall be unlawful for any person to commence excavation for, or construction of, any building, fence, shed, sidewalk, driveway or structure (except concrete work not requiring a foundation or ratwall), structural changes, repairs in any existing building or structure, or moving of an existing building without first obtaining a zoning compliance permit and a building permit from the Community Development Department. No permit shall be issued for construction, alteration or remodeling of any building, fence or structure until an application has been submitted in accordance with the provisions of this Ordinance, showing that the construction proposed is in compliance with the provisions of this Ordinance and the Building Code.

1.

No plumbing, electrical, drainage or other permit shall be issued until it has been determined that the plans and designated use indicate that the structure and premises, if constructed as planned and proposed, will conform to the provisions of this Ordinance. "Alteration" or "repair" of an existing building or structure shall not include any changes in structural members, stairways, basic construction type, kind of class occupancy, light or ventilation, means of egress and ingress, or any other changes affecting or regulated by the Building Code, the Housing Law of the State of Michigan, or this Ordinance, except for minor repairs or changes not involving any of the aforesaid provisions.

B.

PERMITS FOR NEW USE OF BUILDINGS OR STRUCTURES. Where the new use of a building or structure does not require Planning Commission review under (Section 3.3), The Community Development Director shall issue a permit for the new use if such use meets all applicable Ordinance requirements.

C.

PERMITS FOR MANUFACTURED HOMES AS TEMPORARY USE. The owner of any premises may move not more than one (1) manufactured/mobile home upon such premises and utilize the same for residence purposes, which does not include storage, during the actual construction of a permanent dwelling thereon, but not to exceed six (6) months beginning with the issuance of a permit for the construction of said dwelling. Application may be made for one (1) six (6) month extension. The City Commission shall require said owner to furnish a financial guarantee in a sum equal to the cost of removing said manufactured home from the premises and completion of the permanent structure. Such financial guarantee may be in the form of a corporate surety bond, irrevocable bank letter of credit or cash.

(ord. eff. April 24, 2021)

It shall be unlawful to use or permit the use of any land, building or structure for which a building permit is required, and to use or permit to be used any building or structure hereafter altered, extended, erected, repaired or moved until the Community Development Director shall have issued a certificate of occupancy stating that the provisions of this Ordinance have been complied with.

A.

CERTIFICATE VALIDITY. The certificate of occupancy as required for new construction of or renovations to existing building and structures in the Building Code shall also constitute certificates of occupancy as required by this Ordinance.

B.

CERTIFICATES FOR EXISTING BUILDINGS. Certificates of occupancy may be issued for a part of a building or structure prior to the occupation of the entire building or structure, provided that such certificate of temporary occupancy shall not remain in force more than thirty (30) days, nor more than five (5) days after the building or structure is fully completed and ready for occupancy; and provided, further, that such portions of the building or structure are in conformity with the provisions of this Ordinance.

C.

TEMPORARY CERTIFICATES. Certificates of temporary occupancy may be issued for a part of a building or structure prior to the occupation of the entire building or structure, provided that such certificate of temporary occupancy shall not remain in force more than thirty (30) days (six (6) months for landscape and screening), nor more than five (5) days after the building or structure is fully completed and ready for occupancy; and provided, further, that such portions of the building or structure are in conformity with the provisions of this Ordinance.

D.

APPLICATION FOR CERTIFICATES. Certificates of occupancy shall be applied for in writing to the Building Administrator coincidentally with application for building permits, and shall be issued within five (5) days after notification of completion of the building, if it is found that the building or structure, or part thereof, or the use of the land is in accordance with the provisions of this Ordinance. If such certificate is refused for cause, the applicant shall be notified of such refusal and the cause thereof within the aforesaid five (5) day period.

E.

APPLICATION FOR CERTIFICATES. Certificates of occupancy shall be applied for in writing to the Community Development Director coincidentally with application for building permits, and shall be issued within five (5) days after notification of completion of the building, if it is found that the building or structure, or part thereof, or the use of the lands in accordance with the provisions of this Ordinance. If such certificate is refused for cause, the applicant shall be notified of such refusal and the cause thereof within the aforesaid five (5) day period.

(ord. eff. April 24, 2021)

The recipient of site plan approval, or any building permit for the construction, erection, alteration, repair or moving of any building, structure, or part thereof, shall notify the Community Development Department immediately upon completion of the work authorized by such permit for a final inspection.

(ord. eff. April 24, 2021)

The City of Mount Clemens Planning Commission, as established under Act 33 of the Michigan Public Acts of 2008, as amended, shall perform all of the duties of such commission in accordance with the law in such case made and provided, relating to amendments of this Ordinance, and such other duties as are established in this Ordinance.

(ord. eff. April 24, 2021)

The City Commission shall establish, by resolution, fees for each of the following:

A.

INSPECTION AND CERTIFICATION. Fees for inspections and the issuance of permits or certificates, or copies thereof, required or issued under the provisions of this Ordinance shall be collected by the City Treasurer in advance of the issuance of such permits or certificates.

B.

APPEALS. Any person appealing under Article 14 of this Ordinance in all cases shall pay the established fixed fee, plus such additional fees as may be deemed reasonable by the City Commission for expert services necessary to render a proper decision.

C.

REVIEWS. Fees for the review of site plans, special approval uses or other matters requiring City Commission, Planning Commission or the Zoning Board of Appeals review, under the terms of this Ordinance, shall be paid to cover the cost of such reviews, including notice, publication, delivery, administration and professional services.

D.

REZONINGS. Any petition for the rezoning of land requiring an amendment of the City of Mount Clemens Zoning Ordinance shall be accompanied by a fee payable by the petitioner. Said fee shall be utilized to defray all costs, including necessary expert opinions in conjunction with the legislative review of the petition.

E.

OTHER. Fees for special resolutions pertaining to any matter relevant to this Ordinance or for the cost of special meetings of the City Commission, Planning Commission or the Zoning Board of Appeals shall be paid by the recipient or applicant prior to said resolution or meeting.

F.

WAIVERS. The City Commission may waive payment of any fees established by resolution when it finds that the necessity for an appeal, variance and/or rezoning is the result of an error or omission by the City Commission in enactment of this Ordinance.

G.

APPROVAL DISALLOWED FOR NON-PAYMENT.

1.

The City shall not approve any license, permit, variance, rezoning request or take any other municipal action of approval, unless the person or entity so requesting does not have any outstanding overdue payments to the City.

2.

Overdue payments defined. Overdue payments shall mean monies, whether disputed or otherwise, which are determined by the City to be overdue and owing, including by way of illustration only, real and personal property taxes, jeopardy assessments, permit fees, charges, contract balances, required deposits, required bonds, inspection fees or any other outstanding financial obligation.

3.

City defined. The term City shall mean the City, Zoning Board of Appeals, Planning Commission, all committees, commissions, boards, departments and employees.

4.

Appeal. A person aggrieved by a determination pursuant to this provision may appeal such claim to the Treasurer of the City in writing. The Treasurer shall make a determination on such appeal as to whether an issue of non-payment exists within fourteen (14) days after receipt of such appeal.

(ord. eff. April 24, 2021)

Any person, persons, firm or corporation, or anyone acting in behalf of said person, persons, firm or corporation, who shall violate any of the provisions of this Ordinance, or who fail to comply with any of the regulatory measures or conditions of the Zoning Board of Appeals or the City Commission, adopted pursuant hereto, shall, upon conviction thereof, be subject to a fine of not more than Five Hundred ($500.00) Dollars and the costs of prosecution at the discretion of the Court, or imprisonment for a term not to exceed ninety (90) days, or both. Each day such violation continues shall be deemed a separate offense. The imposition of any sentence shall not exempt the offender from compliance with the requirements of this Ordinance.

Uses of land and dwellings, buildings or structures, including tents, trailer coaches and manufactured/mobile homes, used, erected, altered, razed or converted in violation of any provision of this Ordinance, are hereby declared to be a nuisance per se. The Court shall order such nuisance abated and the owner and/or agent in charge of such dwelling, building, structure, tent, trailer, coach, manufactured home or land shall be adjudged guilty of maintaining a nuisance per se.

(ord. eff. April 24, 2021)