An application for any zoning procedure, except for zoning text or map amendments, may be filed only by the owner or lessee of the property, or by an agent or contract purchaser specifically authorized by the owner to file such application.

An application for a zoning text or map amendment may be filed by an owner, lessee, agent, or contract purchaser of property located in the City or by the City Council, Planning Commission, or the Zoning Administrator.

An application for any zoning procedure shall be filed with the Zoning Administrator.

The application shall be on forms provided by the City and shall be filed in such number as the instructions provide.

All plans shall be at a scale sufficient to permit a clear and precise understanding of the proposal.

The application shall include all information, plans, and data, specified in the application requirements manual.

The Zoning Administrator shall determine whether the application is complete.

If the application is not complete, the Zoning Administrator shall notify the applicant of any deficiencies and shall take no steps to process the application until the deficiencies are remedied.

Once the Zoning Administrator has determined that the application is complete, the application shall be reviewed and acted upon by the Zoning Administrator or scheduled for consideration at the appropriate meeting.

Every application shall be accompanied by the required filing fee as established and modified, from time to time, by City Council.

The failure to pay such fee when due shall be grounds for refusing to process the application and for denying or revoking any permit or approval for the subject property.

No fees shall be waived and no fees shall be refunded except those authorized by the City Council.

The City Council shall adopt the City Fee Schedule by resolution.

A subsequent application shall not be reviewed or heard within one year of the date of denial unless there is substantial new evidence available or if a significant error in law or of fact affected the prior denial.

Such subsequent application shall include a detailed statement of the grounds justifying its consideration.

The Zoning Administrator shall make a determination as to whether the subsequent application is substantially the same as the original application.

If the Zoning Administrator finds that there are no grounds for consideration of the subsequent application, they shall summarily and without hearing deny the request.

Make inspections of buildings and premises necessary to carry out the duties of administration and enforcement of this ordinance.

Review applications for and issue zoning permits and certificates of occupancy.

Issue and serve appearance tickets on any person with respect to any violation of this Ordinance where there is reasonable cause to believe that the person has committed such an offense.

Maintain and safely keep copies of all plans other than for single-family dwellings and fees submitted with such application, and the same shall form a part of the records of the Zoning Administrator's office and shall be available to the Council and all other officials of the City.

Perform such other functions necessary and proper to enforce and administer the provisions of this Ordinance.

To review requests for and to issue building permits and sign permits;

To conduct inspections of buildings and structures to determine compliance with the terms of this Ordinance and other applicable ordinances;

To provide technical assistance to the City Council and other bodies with authority under this Ordinance.

Creation and membership. A Board of Appeals is hereby created in accordance with the laws of the State of Michigan, which shall consist of the City Council of the City of New Buffalo, except that in the event the City Council so desires, it may appoint a Board of Appeals consisting of not less than five members, each to be appointed for a term not to exceed three years.

Jurisdiction. The Board of Appeals shall not have the power to make any change in the terms of this Ordinance, but does have power to act on those matters where this Ordinance provides for an administrative review, interpretation, and to authorize a variance as defined in this section and the laws of the State of Michigan. The Board of Appeals shall not have the authority to hear appeals from a decision made in respect to any special land use, planned unit development, or rezoning. The powers of the Board of Appeals include:

Hear, consider, and make a written report with findings of fact and recommendations to the City Council on all applications for site plan review, map and text amendments, special uses, and planned unit developments;

Make decisions on other matters referred to it upon which it is required to pass under this Ordinance;

Assist in the development, review, and amendment of the Master Plan, as requested by City Council.

No building, structure, or commercial sign shall be erected, altered, moved, or substantially repaired unless a building permit shall have been first issued for such work.

No building permit shall be issued for the erection, alteration, moving, or use of any building or structure or for the use of any land which is not in accordance with all provisions of this Ordinance.

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

Prior to issuance of a building permit, the Building Inspector may require any information specified in Article 11 which the Building Inspector determines to be necessary in order to properly evaluate the permit request and determine compliance with the applicable requirement of this Ordinance.

No vacant land shall be used and no existing use of land shall be changed to a different class of use unless a certificate of occupancy is first obtained for the new or different use.

No building or structure which is hereafter erected or altered shall be occupied or used unless and until a certificate of occupancy shall have been issued for such building or structure.

Certificates of occupancy, as required by the currently enforced Building Code for the City, shall also constitute certification of compliance with this Ordinance.

A record of all certificates of occupancy issued shall be kept on file in the office of the Zoning Administrator and copies shall be furnished upon request to any person owning or renting the property which is the subject of the certificate.

Applications for certificates of occupancy shall be made in writing to the Building Inspector on a form furnished by the City. Certificates shall be issued within 10 days after receipt of such application if the building or structure or use of land is in accordance with the provisions of this Ordinance and the other applicable ordinances of the City.

Purpose and applicability. In all districts a zoning permit shall be required for:

Zoning Administrator review and action.

Expiration and lapse of approval. A zoning permit shall expire if within six months of the date of issuance of a zoning permit the use has not commenced or the use has not occupied the structure or location. Upon the showing of a valid cause by the applicant, the Zoning Administrator may grant an extension of such zoning permit for a period not to exceed six months.

Enforcement. Failure to comply with this section relating to zoning permits may be enforced pursuant to this Ordinance, or any other provision of law including, but not limited to, revocation of the zoning permit, injunction, or other civil suit.

Purpose. A temporary use permit shall be required prior to the establishment of a temporary use per Section Z8-03D of this Ordinance to certify compliance with all applicable regulations of this Ordinance and the applicable sections of the building code as enforced by the City.

Temporary use permit review criteria. To approve the issuance of a temporary use permit, the Zoning Administrator shall make an affirmative finding that all applicable provisions of this Ordinance, the applicable building code, and all other City ordinances are met.

Zoning Administrator action. The application shall be reviewed by the Zoning Administrator to ensure the application conforms to the criteria in Subsection D(2) above. Based upon their review, the Zoning Administrator shall:

Referral to Planning Commission. The Zoning Administrator may refer any application for a temporary use permit to the Planning Commission for review and approval upon determining that the input and discretion of the Commission is appropriate.

Purpose. A sign permit shall be required prior to the display, construction, erection, or alteration of a sign and its structural components on any property. All signs must comply with Article 6, and the applicable sections of the City's Building Code as adopted. All electrical installations associated with the erection and installation of a sign must be done in accordance with the enforced Building and Electrical Codes.

Applicability. No person shall erect, alter, place or permit to be placed, or replace any sign without first obtaining a building permit, unless such sign is specifically exempted as provided in Article 6.

Exemptions. Signs exempt from a permit are detailed in Section Z6-04.

Sign permit review criteria. To approve the issuance of a sign permit, the Building Inspector shall make an affirmative finding that all applicable provisions of this Ordinance, the applicable building code, and all other City ordinances are met.

Building inspector action. The application shall be reviewed by the Building Inspector to ensure the application conforms to the applicable standards of Article 6. Based upon their review, the Building Inspector shall:

Referral to Planning Commission. The Building Inspector may refer any application for a sign permit to the Planning Commission for review and approval upon determining that the input and discretion of the Commission is appropriate.

Written notice. Notice shall be written or mailed as required in state statute to all persons to whom real property is assessed within 300 feet of the property that is the subject of the request and to the occupants of all structures within 300 feet of the subject property regardless of whether the property or structure is located in the zoning jurisdiction. The notice describing the nature of the request, stating when and where the request shall be considered, and indicating when and where written comments will be received shall be given not less than 15 days before the date the request will be considered.

Published notice. Notice of the public hearing shall be published in a newspaper of general circulation in the local unit of government not less than 15 days before the date of the hearing.

Site plan review shall be required for all construction of new buildings and structures and alterations to the building footprint of existing buildings or structures.

Single-family detached or duplex development that is permitted by right in the governing zoning district in which they are located shall require site plan review.

The establishment of new uses or change of use allowed by-right in the governing district not involving construction of or alteration to the footprint of existing structures shall not require site plan review.

City staff review. The Zoning Administrator shall review the site plan for completeness, and shall obtain comments, as the Zoning Administrator considers necessary, from the following staff members:

Transmittal to the Planning Commission. Once the Zoning Administrator determines that the site plan is complete, the Zoning Administrator shall transmit the site plan, along with comments from City departments and consultants to the Planning Commission at least two weeks prior to the next meeting. The Zoning Administrator shall not be required to submit any site plan for review which was submitted less than 40 days prior to the Planning Commission meeting when the review will occur.

Planning Commission recommendation.

City Council action. For each site plan application, City Council shall consider the Planning Commission's recommendation and shall:

Record of action. If approved, two copies of the final site plan shall be signed and dated by the Secretary of the Planning Commission and the applicant. One copy shall be kept on file with the City and one copy shall be returned to the applicant or its designated representative.

Ordinance and master plan purposes and intent. The proposed use and development will be in harmony with the purposes for which this Ordinance was enacted and the regulations of the governing district and with the Master Plan.

Soil preservation. Site plans shall be developed to prevent or minimize problems with soil erosion or sedimentation. Submission of a Soil Erosion Permit approved by Berrien County shall be required as applicable.

Privacy provisions. The site plan shall provide reasonable visual and sound privacy for all dwelling units located therein. Fences, walks, barriers and landscaping shall be used, as appropriate, for the protection and enhancement of property and for the privacy of occupants.

Emergency vehicle accessibility. All buildings or groups of buildings shall be so arranged as to permit emergency vehicle accessibility. Fire lanes shall be provided as deemed necessary by the Fire Chief to provide adequate fire protection.

Compatibility with existing or planned streets and pathways. The arrangement of streets, sidewalks, and other path systems shall respect the pattern of existing or planned streets and pedestrian or bicycle pathways in the area. Streets and drives which are part of an existing or planned street pattern in the Master Plan, Berrien County Transportation Plan, or other City or county policy document shall be of a width appropriate to the traffic volume they will carry and shall have a dedicated right-of-way equal to that specified in any formally-adopted street plan or planned right-of-way.

Efficient and safe traffic systems. Street systems shall be designed to be as efficient as possible, and in compliance with commonly accepted traffic engineering standards for safety.

Major amendments. Major amendments shall include one or more of the following:

Minor amendments. Minor amendments shall include one or more of the following:

City staff review. The Zoning Administrator shall review the application for completeness, and shall obtain comments, as the Zoning Administrator considers necessary, from the following staff members:

Planning Commission public hearing and recommendation. The Planning Commission shall review and make recommendations to the City Council for approval, approval with conditions or denial for all special uses.

City Council action. For each application for a special use, the Planning Commission shall report to the City Council its findings and recommendations, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. The City Council shall:

Standards for special uses. In considering an application for a special use permit the Planning Commission and City Council shall review the responses by the applicant to the standards set forth below.

Issuance of special use permit. Upon approval of a special use application and accompanying site plan by City Council, the Zoning Administrator shall issue a special use permit consistent with this Ordinance, the Master Plan, state law and the terms and conditions approved by City Council.

Amendments to approved special uses.

That there are exceptional or extraordinary circumstances or conditions applying to the property in question that do not apply generally to other properties in the same district;

That such variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same district and in the vicinity (the possibility of increased financial return shall not be deemed sufficient to warrant a variance);

The variance will not be significantly detrimental to adjacent property and the surrounding neighborhood;

The variance will not impair the intent and purpose of this Ordinance;

The immediate practical difficulty causing the need for the variance request was not created by any action of the applicant.

That the building, structure, or land cannot be reasonably used for any of the uses permitted by right or as a special use in the district in which it is located.

That the condition or situation of the specific piece of property or the intended use of such property for which the variance is sought is not of so general or recurrent a nature as to make reasonably practical the formulation of a general regulation for such conditions or situations.

That the proposed use will not alter the essential character of the neighborhood.

Planning Commission recommendation. Prior to the Board of Appeals hearing on a request for a use variance, the Planning Commission shall consider such request and forward a report to the Board of Appeals. For this report the Planning Commission shall consider the Master Plan, the ability of the property owner to use the property for a use already permitted under the existing zoning district, the effect of the request on the essential character of the neighborhood, and other such factors as the Planning Commission may deem relevant.

Zoning Board of Appeals hearing and action. The Zoning Board of Appeals shall review the application for a variance, hold a public hearing, and after consideration of the recommendation of the Zoning Administrator, recommendation of the Zoning Administrator and public comment received either:

The proposed map amendment is consistent with the Master Plan and other adopted policies of the City.

The requested map amendment is compatible with the existing uses, development patterns and zoning of nearby properties.

The proposed map amendment does not conflict with existing or planned public improvements or will not adversely impact schools, parks, or other public facilities.

The natural environment or traffic patterns in the vicinity will not be adversely affected in a manner inconsistent with the planned character of the area.

The proposed map amendment is not detrimental to the health, safety and welfare of the neighborhood or of the City as a whole.

Approve the map amendment; or

Deny the map amendment.

Approve the map amendment; or

Deny the map amendment.

The proposed text amendment is consistent with the Master Plan and other adopted City policies.

The proposed text amendment addresses a particular issue or concern for the City.

The proposed text amendment does not impose an unreasonable hardship on existing and planned uses.

The requested amendment will further the compatibility of uses and development patterns of the City.

The proposed amendments is not detrimental to the health, safety and welfare of the neighborhood or of the City overall.

Approve the text amendment; or

Deny the text amendment.

Approve the text amendment; or

Deny the text amendment.

Placement. All signs shall be placed where they are visible and legible. Factors to be considered include the location of a sign relative to traffic movement and access points, site features, other structures, and orientation relative to viewing distances and viewing angles. Wall signs may be approved on building walls other than the wall of a unit of a multi-tenant building in which some units have little or no visibility from the street.

Quantity. The number of signs that may be approved within any development shall be sufficient to provide necessary facilitation of internal circulation of vehicular and pedestrian traffic and wayfinding for safety of the occupants of vehicles and pedestrians. Factors to be considered shall be those that impact safety considerations such as the size of the development and the number of development sub-areas.

Area and height. All signs shall comply with the sign area and height requirements established for the sign type as established in Sections Z6-05 and Z6-06.

No individual, association, corporation, or entity, either public or private, shall construct a private street without first having obtained a private street permit from the City Council.

The Building Inspector shall not issue building permits for construction of any building or structure on lots served solely by a private street until a permit for the private street has been approved by the Planning Commission and a safe and unimpeded route of travel is available for any such structure requiring a building permit.

A driveway permit shall be obtained from the Michigan Department of Transportation, as applicable, or from the City.

A soil erosion and sedimentation control permit shall be obtained, as may be required by the Soil Erosion and Sedimentation Control Act of 1972, as amended.

All other required State of Michigan permits shall be obtained.

The Planning Commission may elect to have all design and construction plans reviewed by the City's attorney, engineer, or Zoning Administrator prior to consideration of the application for the private street permit.

Approve the application;

Approve the application with conditions or modifications;

Deny the application.

Prior to approving a private street permit application, the Planning Commission shall determine the following:

The Planning Commission may require that the applicant comply with reasonable conditions relative to the design and construction of the private street.

Upon application the Planning Commission may modify any of the private street requirements of this section after finding that all of the following conditions exist:

The decision constituted an erroneous application or interpretation of this Ordinance.

The decision constituted an abuse of the administrative official's discretion to interpret or apply this Ordinance.

The decision was rendered based upon an erroneous material fact.