The mayor shall appoint a building and zoning administrator whose duty it shall be to administer and enforce the provisions of this chapter. Any board, agency, commission or council charged with the powers or duty to administer and enforce this chapter may waive, in writing, any requirements provided in this chapter if, in the opinion of such board, agency, commission or council, it is determined that such requirement has been previously performed.

(Ord. No. 369, § 16.000(16.100), 6-26-1981)

(a)

In administering and enforcing this chapter, the city building and zoning administrator shall perform the following duties:

(1)

Provide necessary forms and applications;

(2)

Determine and verify zoning compliance upon the demonstration that the applicant's plans are found to conform with the provisions of this chapter;

(3)

Issue any authorized permits;

(4)

Identify and record information relative to nonconformities;

(5)

Provide assistance in zoning changes and amendments to the chapter text or map;

(6)

Maintain files of applications, permits and other relevant documents; said records are open for public inspection; and

(7)

Make an annual report of activities to the city planning commission.

(b)

The building and zoning administrator shall not vary, change or grant exceptions to any terms of this chapter or to any person making application under the requirements of this chapter.

(Ord. No. 369, § 16.005(16.101), 6-26-1981)

The building and zoning administrator shall have all the powers and authority conferred by laws, statutes and ordinances to enforce the provisions of this chapter, including, but not limited to, the following:

(1)

He shall have access to any structure or premises for the purpose of performing his duties between 8:00 a.m. and 6:00 p.m., by mission of the owner or upon issuance of a special inspection warrant.

(2)

Upon reasonable cause or question as to proper compliance, he shall notify, in writing, the persons responsible for such violations, indicating the nature of the violation and ordering action necessary to correct it. He shall order discontinuation of illegal uses of land, buildings or structures; order removal of illegal work being done; issue cease-and-desist orders requiring cessation; or take any other action authorized by this chapter to ensure compliance with or prevent violation of its provisions.

(Ord. No. 369, § 16.010(16.102), 6-26-1981)

(a)

No building or other structure shall be erected, moved, added to or structurally altered without a building permit pursuant to the state construction code and issued by the building and zoning administrator.

(b)

No building permit shall be issued by the building and zoning administrator except in conformity with this chapter unless he receives a written order from the board of appeals in the form of an administrative review or a variance, as provided by this chapter.

(c)

Plans submitted in application for a building permit shall contain information necessary for determining conformity with this chapter.

(Ord. No. 369, § 16.015(16.103), 6-26-1981)

(a)

No building, structure or lot for which a building permit has been issued shall be used or occupied until the building and zoning administrator has, after final inspection, issued a certificate of occupancy indicating compliance has been made with all provisions of this chapter. However, the issuance of a certificate of occupancy shall in no case be construed as waiving any provision of this chapter.

(b)

Buildings accessory to dwellings shall not require separate certificates of occupancy but may be included in the certificate of occupancy for the dwelling when shown on the plot plan and when completed at the same time as such dwellings.

(c)

Certificates of occupancy as required by the state construction code for new buildings or structures, or parts thereof, or for alterations to or changes of use of existing buildings or structures shall also constitute certificates of occupancy as required by this chapter.

(d)

A record of all certificates issued shall be kept on file in the office of the building and zoning administrator and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property involved.

(Ord. No. 369, § 16.020(16.104), 6-26-1981)

The building and zoning administrator shall recommend a schedule of fees, charges and expenses for permits, certificates, appeals, hearings, special meetings and other documents and actions required by the provisions of this article to be adopted by resolution of the city council. This schedule shall be available in the office of the building and zoning administrator. No permit, certificate or variance shall be issued unless such fees, charges or expenses have been paid in full, nor shall any action be taken on proceedings before the board of appeals or planning commission unless or until fees, charges and expenses have been paid in full.

(Ord. No. 369, § 16.140(18.100), 6-26-1981)

(a)

Until recent years, the regulation of all uses of land and structures through zoning has been accomplished by assigning each use to one or more use districts. However, the functions and characteristics of an increasing number of new kinds of land uses, combined with conclusive experience regarding some of the older, familiar kinds of uses, call for a more flexible and equitable procedure for properly accommodating these activities in the city. It should be recognized that the forces that influence decisions regarding the nature, magnitude and location of such types of land use activities are many and varied depending upon functional characteristics, competitive situations and the availability of land. Rather than assign all uses to special, individual and limited zoning districts, it is important to provide controllable and reasonable flexibility in requirements for certain kinds of uses that will allow practicable latitude for the investor but that will, at the same time, maintain adequate provision for the security of the health, safety, convenience and general welfare of the city's inhabitants.

(b)

In order to accomplish such a dual objective, as described in subsection (a) of this section, provision is made in this chapter for a more detailed consideration of each specified activity as it may relate to proposed conditions of location, design, size, operation, intensity of use, generation of traffic and traffic movements, concentration of population, processes and equipment employed, amount and kind of public facilities and services required, together with many other possible factors. Land and structure uses possessing these particularly unique characteristics are designated as special uses and may be authorized by the issuance of a special use permit with such conditions and safeguards attached as may be deemed necessary for the protection of the public welfare.

(c)

The standards and procedures outlined in this division are designed not only for all special uses referred to in various districts, but are to be applied also to PUD, PURD, and SUD districts.

(Ord. No. 369, § 15.610(9.100), 6-26-1981)

The city council, in granting a special use, shall act and is considered to act under authority of the Michigan Zoning Enabling Act., Public Act No. 110 of 2006 (MCL 125.3101 et seq.). No decision to grant an application for a special land use permit shall be deemed to apply to any other premises in the city, even if circumstances appear to another or subsequent applicant to be similar to or the same as those involved in a previous grant. No such grant of an application for special use district shall be deemed an administrative or ministerial act, but shall be a decision accomplished by the legislative discretion granted the city by the state Constitution of 1963 and statutory authority aforesaid.

(Ord. No. 369, § 15.615(9.101), 6-26-1981)

(a)

Applicant. Any person owning or having an interest in the subject property may file an application for one or more special use permits provided for in this chapter in the zoning district in which the land is situated.

(b)

Application. An application shall be submitted through the building and zoning administrator to the planning commission on a special form provided for that purpose; each application shall be accompanied by the payment of a fee in accordance with the duly adopted schedule of fees to cover the costs of processing the application. No part of any fee shall be refundable.

(c)

Data required. Every application shall be accompanied by the following information and data:

(1)

Special form supplied by the building and zoning administrator filed out by the applicant; and

(2)

Site plan, plot plan or development plan, drawn to a readable scale, showing:

a.

Property dimensions and legal description;

b.

Size, shape and location of existing and proposed buildings;

c.

Existing vegetation;

d.

Topographical information;

e.

Hydrographical information;

f.

Soil types;

g.

Photographs (optional);

h.

Streets, highways and private easements;

i.

Parking, parking spaces and driveways;

j.

Loading zones;

k.

Entrances to public streets;

l.

Anticipated amount of traffic to be generated and circulation of traffic;

m.

Building location, dimensions and proposed uses;

n.

Description of building design, including proposed construction materials;

o.

Drainage facilities, watercourses and water bodies, including surface drainage;

p.

Location and description of method to dispose of sanitary wastes;

q.

All proposed landscaping and significant existing vegetation, and existing vegetation to be removed;

r.

Sidewalks;

s.

Types of machinery, power usage, electrical equipment, and watts, discarded materials and emissions produced from the activity of the use;

t.

Signs proposed;

u.

Anticipated market to be served by the proposed development, demonstrating that all proposed uses serve the ordinary needs of the surrounding residential area;

v.

Proof of financial viability by the developer as necessary to complete the proposed development. Financial viability may be shown by documentation such as, by way of example and not limitation: verification of a line of credit from a financial institution; a commitment letter from a lending institution; a personal financial or performance guarantee; or other such proof of funds available demonstrating that the developer has sufficient financial resources available and at the levels required to substantially complete the development within the proposed period of time;

w.

Any additional information such as a legal survey, engineering or architectural drawings or other information deemed by them to be necessary to carry out their duties.

(d)

Additional requirements. The planning commission may require maps, soil, topographical and hydrographic studies, engineering or architectural drawings and plans, photographs, legal surveys and, in cases of larger projects, environmental impact statements, but the planning commission is not limited hereby, and may require such other documents and information as may be appropriate or germane to its review.

(e)

Waiver. The planning commission may, upon request with a showing that information is not needed to make a determination, waive any of the above points of information otherwise required.

(Ord. No. 369, § 15.620(9.102), 6-26-1981; Ord. No. 758, § 1, 6-17-2014)

It is the purpose of this section to require site plan review approval under standards required by the site plan review standards found in division 3 of this article for certain buildings, structures and uses that can be expected to have a significant impact on natural resources, traffic patterns, adjacent parcels and the character of future development. The regulations contained in this section are intended to promote:

(1)

Safe and convenient traffic movement, both within a site and in relation to access streets;

(2)

Harmonious relationships of buildings, structures and uses, both within a site and with adjacent sites; and

(3)

Conservation of natural amenities and resources.

(Ord. No. 369, § 15.625(9.103), 6-26-1981)

State Law reference— Submission and approval of site plan, MCL 125.3501.

The planning commission shall review the application and site plan as soon as practicable following filing and shall set a date for public hearing within 45 days thereafter. The planning commission shall cause notice of the public hearing as required by Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(Ord. No. 369, § 15.631(9.104(1)), 6-26-1981; Ord. No. 522, 12-4-1992; Ord. No. 693, § 1, 12-5-2006)

The planning commission and the city council shall, upon separate occasions, review the particular facts and circumstances of each proposal in terms of all of the following standards and each shall find adequate evidence showing that each must be satisfied:

(1)

Whether the proposed use will be harmonious with the existing or intended character of the general vicinity and in accordance with the general objectives of the master plan and zoning ordinance of current adoption;

(2)

Whether the proposed use will be served adequately by existing essential public services and facilities, such as highways, streets, police and fire protection, drainage structures, refuse disposal and schools, or the applicant will provide for those services and facilities;

(3)

Whether the proposed use or structures will not cause an overcrowding of land or undue concentration of population;

(4)

Whether the proposed use is consistent with the public health, safety, and welfare of the City of Norton Shores; and

(5)

Whether the proposed use constitutes a socially and economically desirable use of the land when considering those who will use the land, residents and property owners of the immediately adjacent properties, as well as the community as a whole.

(Ord. No. 369, § 15.635(9.105), 6-26-1981; Ord. No. 846, § 1, 7-18-2023)

(a)

Prior to the granting of a special use permit, the planning commission may recommend any additional conditions or limitations upon the establishment, location, construction, maintenance or operation of the use authorized by the special use permit as in its judgment may be necessary for the protection of the public interest.

(b)

Conditions and requirements stated as part of special use permit authorization shall be a continuing obligation of special use permit holders or their successors. The building and zoning administrator shall make periodic investigations of developments authorized by special use permits to determine compliance with all requirements.

(c)

Special use permits may be issued for time periods as determined by the planning commission. Special use permits may be renewed in the same manner as originally applied for.

(d)

Continuance or revocation of a special use permit by the council shall occur upon a determination by the building and zoning administrator to the effect that:

(1)

Such conditions as may have been prescribed in conjunction with the issuance of the original permit included the requirement that the use be discontinued after a specified time period; or

(2)

Violations of conditions pertaining to the granting of the permit continue to exist more than 30 days after an order to correct has been issued.

(e)

If a special use permit has been granted but the use allowed is not commenced within two years, it shall terminate automatically and a new application must be filed. A renewal of the permit may be requested before the end of the two-year term.

(f)

Except for nonuse, revocation of a granted permit may occur only after a hearing before the council with good cause shown.

(Ord. No. 369, § 15.640(9.106(1)—(4)), 6-26-1981)

Upon conclusion of the public hearing or at the next meeting thereafter, the planning commission shall recommend approval or denial of an application for a special use permit to the city council. Recommendations shall include an accurate description of the proposed special use, a description of the property upon which the special use is sought to be located and recommendations and proposed conditions of the planning commission, along with a summary of the comments at the meeting of the planning commission considering the application.

(Ord. No. 369, § 15.641(9.106(5)), 6-26-1981)

The city council may affirm, modify or deny the application for special use permit with all conditions and, if approved, instruct the building and zoning administrator to issue the special use permit with the conditions. If conditions are required prior to or with the permit, they shall be typed on paper and signed by the city clerk, as authorized by the council and the applicant, and recorded with the county register of deeds, and shall be binding on the owners of the property or their successors.

(Ord. No. 369, § 15.642(9.106(6)), 6-26-1981)

Upon making a decision, the city council shall incorporate, in a statement of conclusion, the factual basis and reasons for the grant or denial of the application for a special permit in written findings of fact. Such findings shall be adopted contemporaneously with the action of the grant or denial, and placed on file with the clerk as a public record.

(Ord. No. 369, § 15.643(9.106(7)), 6-26-1981; Ord. No. 386, 8-3-1982)

An owner of the property, the council or an occupant of a structure within 300 feet of the land subject to the application for a special use permit may request a public hearing, which shall follow the notice requirements set forth in section 48-87 for a public hearing. Any request for a public hearing must be made within six calendar days following the planning commission meeting at which a recommendation was approved.

(Ord. No. 369, § 15.644(9.106(8)), 6-26-1981; Ord. No. 386, 8-3-1982)

Once approval of a special use permit plan has been granted by the city council, changes to the approved plan shall require a resubmission to the council of the modifications, which shall not require the other procedural steps.

(Ord. No. 369, § 15.645(9.107), 6-26-1981)

Any interested person considering himself aggrieved by the decision of the city in the granting or denial of the special use permit shall have the right to appeal the said decision to the circuit court within 30 days after a written decision is submitted to the clerk. An "interested person" shall be the owner-developer, a person living within 300 feet of the site or a person who can show a significant interest, whether economic or not. There will be no appeal to the board of appeals.

(Ord. No. 369, § 15.650(9.108), 6-26-1981)

(a)

Prior to being allowed to obtain a building permit, applicants for CR-6, AR-7, AR-8, AG, REC, PO, GO, C-1, C-2, C-3, GI, PUD, PURD and SUD shall be required to submit a site plan. Some of these uses may fall into a category of a special land use for which a special land use permit is required, as outlined in division 2 of this article. Some elements of that division are considered in this section, but this section is broader, and the provisions contained herein are designed to guide the appropriate governmental body or official to consider the best option available to effect the purposes of this chapter.

(b)

Site plan reviews, of necessity, grant a certain discretion to the reviewing body to discuss proposals with the developers. Some proposals may not meet the goals of the city or may not be compatible with other in-place developments. Therefore, the standards set forth in this section should be considered in the light of all other provisions of this chapter, the impact on adjoining properties, the best long range interests of the city and the benefits to the public.

(c)

When the approval of the designated body is required, it should incorporate its recommendations into the final plan which will then become a condition of the validity of the land use.

(d)

Minor changes to a site plan, or a new site plan, may be approved administratively by the public works director provided that the plan complies with all other applicable requirements of this chapter. The public works director may administratively approve a site plan without planning commission approval for the following:

(1)

Change of location or type of landscape materials;

(2)

Placement of satellite dish antennas;

(3)

Canopy installation or parking lot modification, including additional off-site parking;

(4)

Minor changes to a previously approved site plan which involve the addition or relocation of any of the following items:

a.

Sidewalks;

b.

Refuse containers;

c.

Lighting;

d.

Driveways and entrances; or

e.

Signs;

(5)

A decrease in building size from the approved site plan;

(6)

A proposal involving the relocation of a building on a previously approved site plan no more than ten feet from, or five percent of the distance to, the nearest property line, whichever is closer, provided no required setback is violated;

(7)

An increase in a building size previously approved through the site plan process which does not exceed 5,000 square feet or five percent of the gross floor area, whichever is smaller; and

(8)

A building or structure which does not exceed 5,000 square feet of gross floor area, provided a special use permit is not additionally required.

(e)

The public works director shall retain the authority to refer any proposal under these administrative approval sections to the planning commission for review.

(Ord. No. 369, § 15.800(11.100), 6-26-1981; Ord. No. 492, 4-12-1991; Ord. No. 728, § 1, 8-2-2010)

(a)

Notice requirement. All owners per tax roll records within 300 feet, or 20 separate parcels of property regardless of the distance, on date of application shall be entitled to notice that a described adjoining parcel of land will be subject to site plan review on or before a time, date and place certain by the planning commission, and their review of the proposed plan and remarks are invited in writing or in person on date of review.

(b)

Application and review.

(1)

Prior to making application for a building permit, a site plan of a proposed development shall be submitted to the zoning administrator or their designee by the developer. Such site plan shall include the entire area proposed for development. The planning commission and/or the zoning administrator or their designee shall have the authority to require adjustments in the site plan as a condition for approval if such adjustments are deemed necessary by the commission to ensure that the proposed development meets all standards contained herein and shall not excessively disturb the natural shore environment or the general residential character of the area.

(2)

Except as otherwise waived by the planning commission said site plan shall show and include the following, either existing or proposed:

a.

Site plan drawn to scale;

b.

Property dimensions;

c.

Size, shape and location of existing and proposed buildings;

d.

Existing vegetation;

e.

Topographical information;

f.

Hydrographical information;

g.

Soil types;

h.

Photographs (optional);

i.

Streets and highways;

j.

Parking areas;

k.

Loading zones;

l.

Entrances to public streets;

m.

Anticipated amount of traffic to be generated and circulation of traffic;

n.

Building location, dimensions and proposed uses;

o.

Description of building design, including proposed construction materials;

p.

Drainage facilities;

q.

Location and description of method to dispose of sanitary wastes;

r.

All landscaping;

s.

Sidewalks;

t.

Anticipated market to be served by the proposed development, demonstrating that all proposed uses serve the ordinary needs of the surrounding residential area;

u.

Signs proposed;

v.

Any additional information such as a legal survey, engineering or architectural drawings or other information deemed by them to be necessary to carry out their duties; and

w.

Current zoning on all adjacent land.

(c)

Industrial district preliminary plan approval procedures.

(1)

In the event an owner of land or interested party within the district zoned GI-General Industrial wishes to submit a development plan for site plan review but does not have a particular development ready, a site plan review shall occur according to regular procedures, if the preliminary plan contains the following features:

a.

Plat or survey of lots;

b.

Water and sewer installation plans;

c.

Electrical and telephone utilities locations;

d.

Roads, drives and sidewalks;

e.

Covenants or agreements imposed on use of the land governing:

1.

Landscaping;

2.

Storage;

3.

Berms, screens and fences;

4.

Parking and loading facilities;

5.

Drainage;

6.

Fill and cuts;

7.

Maintenance; and

8.

Signs.

(2)

The planning commission may take into consideration the standards for site plan approval contained in section 48-121, site and performance standards and conditions in section 48-122(b) and conditions and plan approval in section 48-123, and may require such acts or conditions they feel necessary to preserve the spirit and intent of this chapter. The planning commission may waive any requirement contained in section 48-120(b), if unnecessary to maintain the spirit and intent of this chapter.

(3)

Upon presentation of a detailed plan for development of a specific site within the area previously granted preliminary plan approval, the chairperson of the planning commission, or, in his absence, the vice-chairperson, together with two additional members of the planning commission appointed by the chairperson, or, in his absence, the vice-chairperson, may review such plan to further ensure the specific site plan complies with the spirit and intent of the requirements of this chapter. No further public hearing shall be required to enable him to grant final plan approval. He shall be empowered to require additional site conditions or agreements be made to ensure compliance with the spirit and intent of this chapter. Such conditions or agreements may be required to be made in writing and recorded in the form he prescribes.

(Ord. No. 369, § 15.808(11.101), 6-26-1981; Ord. No. 378, 4-6-1982; Ord. No. 522, 12-4-1992; Ord. No. 809, § 1, 3-3-2020)

(a)

All elements of the site plan shall be harmoniously and efficiently organized in relation to topography, the size and type of lot, the character of adjoining property and the type and size of buildings. The site will be so developed as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this chapter.

(b)

The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal and by topographic modifications which result in maximum harmony with adjacent areas.

(c)

Special attention shall be given to proper site surface drainage so that removal of stormwaters will not adversely affect neighboring properties.

(d)

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

(e)

All buildings or groups of buildings shall be so arranged as to permit emergency vehicle access by some practical means to all sides.

(f)

Every structure or dwelling unit shall have access to a public street, walkway or other area dedicated to common use.

(g)

There shall be provided a pedestrian circulation system which is insulated as completely as reasonably possible from the vehicular circulation system.

(h)

All loading and unloading areas and outside storage areas, including areas for the storage of trash, which face or are visible from residential districts or public thoroughfares shall be screened by a vertical screen consisting of structural solid fence, earth berm, evergreen hedge, plant materials or equivalent materials no less than six feet in height.

(i)

Exterior lighting shall be so arranged that it is deflected away from adjacent properties and so that it does not impede the vision of traffic along adjacent streets. Flashing or intermittent lights shall not be permitted.

(Ord. No. 369, § 15.810(11.102), 6-26-1981)

(a)

Relevant factors. In examining any site plan, the commission may review those factors involving water availability, quality, discharge generated, discharge contents, land drainage and drain blockage. In their review, they may consider the following relevant factors:

(1)

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions;

(2)

The susceptibility of the proposed facility and its contents to high-water damage and the affect of such damage on the individual owner;

(3)

The availability of alternative locations not subject to high-water hazards for the proposed use;

(4)

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;

(5)

The relationship of the proposed use to land use and drainage plans and programs for the area;

(6)

The safety of access to the property in times of high water for ordinary and emergency vehicles; and

(7)

Such other factors which are relevant to the purposes of this chapter.

(b)

Site and performance standards and conditions. Upon consideration of the factors listed in section 48-122(a) and the intent of this division, the planning commission may recommend conditions prior to site plan approval as it deems necessary to further the purposes of this division. Such conditions may include:

(1)

Modification of waste disposal and water supply facilities;

(2)

Footings at least one foot above the known high-water level;

(3)

Connection to any drainageway;

(4)

Grading and sloping in a manner that protects all adjacent property owners;

(5)

Construction and/or reinforcement of walls to resist water pressures due to unforeseen high-water levels;

(6)

Use of paints, membranes or mortars to reduce seepage water through walls;

(7)

Installation of pumps and/or sumps to lower water in structures linked to facilities which can transmit water away from the structure;

(8)

Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage or stormwaters;

(9)

Location of all electrical equipment, circuits and installed electrical appliances in a manner which will ensure they are not subject to high-water conditions;

(10)

Buffer, greenbelts, berms or material surrounding the premises should be depicted according to the provisions of article IX of this chapter;

(11)

Type and color of building materials should be of such a nature that they will blend with the natural surroundings of the land and, to a lesser extent, neighboring buildings;

(12)

The natural existing characteristics of the land, streams, lakes, trees and vegetation shall be utilized to the greatest extent possible in the development of the site; and

(13)

Other special information and other considerations relative to the existing site or the proposed site plan may be required if the planning commission deems them necessary to the protection of the public health, safety and general welfare.

(Ord. No. 369, § 15.817(11.103), 6-26-1981)

(a)

When the planning commission has received the application and documentation required, it shall make its findings on the plan, in writing, and set forth conditions for the approval of the plan.

(b)

The developer shall incorporate the recommendations of the planning commission into a final plan, if necessary, and submit the same to the commission for final approval.

(c)

The planning commission may, for good cause shown, waive any standard required for the site plan approval, if the spirit of this chapter will be preserved.

(d)

The conditions and plan, when approved by resolution adopted, shall be transmitted to the building inspection department. No building permit may be authorized without such approval of the plan.

(e)

The plan and conditions approved shall be followed continuously by the owner/developer, its successors or assigns. Cessation or deviation from the conditions and plan shall invalidate the approved land use and any permits or licenses issued by the city in reliance thereon, and construe a violation of this chapter.

(f)

The planning commission may request adequate security for the performance of any conditions in the form of cash, bank cashier's check, certified check or construction bond in such amount they feel reasonable.

(g)

Site plan approval shall be automatically terminated in one year from the date of approval if no building permit has been granted or, if granted, no construction on the principal structure has commenced, excluding site preparation, unless the applicant obtains an extension for good cause shown or the site plan was part of a special use permit granted, in which case the term shall be co-terminus with the special use permit.

(h)

Where necessary, the planning commission may insist that the conditions for approval be signed by the applicant and recorded with the county register of deeds.

(Ord. No. 369, § 15.820(11.104), 6-26-1981)

There is hereby created a board of appeals, which board shall consist of seven members.

(Code 1975, § 14-37; Ord. No. 86, § 1, 9-17-1968; Ord. No. 315, § 1, 12-20-1977; Ord. No. 369, § 16.025(16.105), 6-26-1981; Ord. No. 408, § 3, 12-20-1983)

All members of the board of appeals shall be appointed by resolution of the city council.

(Code 1975, § 14-38; Ord. No. 86, § 1, 9-17-1968; Ord. No. 315, § 2, 12-20-1977)

Of the members first appointed to the board of appeals, the terms of the members shall be one year for one member, two years for two members and three years for three members. Thereafter, all members shall be appointed for terms of three years. The terms of members shall expire on September 1 in each respective year.

(Code 1975, § 14-39; Ord. No. 86, § 1, 9-17-1968; Ord. No. 315, § 3, 12-20-1977)

Meetings of the board of appeals shall be held at the call of the chairperson and at such times as the board, in its rules of procedure, may specify. There shall be a fixed place of meeting and all meetings shall be open to the public. The board shall maintain a record of its proceedings which shall be filed in the office of the city clerk and shall be a public record.

(Ord. No. 369, § 16.030(16.106), 6-26-1981)

Members of the board of appeals may be paid compensation in an amount determined by the city council and may be paid their necessary expenses in the performance of official duties.

(Ord. No. 369, § 16.035(16.107), 6-26-1981)

A chairperson and vice-chairperson shall be elected from among the members, and a secretary, who need not be a member of the board of appeals, shall be appointed.

(Code 1975, § 14-40; Ord. No. 86, § 1, 9-17-1968; Ord. No. 369, § 16.040(16.108), 6-26-1981)

The board of appeals shall have such powers and duties as provided in article VI of Public Act No. 110 of 2006 (MCL 125.3601 et seq.), or as otherwise provided by state law or ordinance of the city. The board of appeals shall have and exercise the following powers:

(1)

To adopt rules of procedure governing the transaction of its business;

(2)

To hear and decide appeals from, and review any order, requirement, decision or determination made by, any administrative official charged with enforcing the provisions of this chapter;

(3)

To order the issuance of permits for buildings and uses; and

(4)

To ascertain in which district any unspecified use should be located by determining which district has the most similar comparable uses.

(Code 1975, § 14-41; Ord. No. 86, § 2, 9-17-1968; Ord. No. 315, § 4, 12-20-1977; Ord. No. 369, § 16.045(16.109(1)—(4)), 6-26-1981)

In the event that members are not appointed to the board of appeals, the city council shall act as the board of appeals until such time as the members are appointed.

(Code 1975, § 14-42; Ord. No. 369, § 16.025(16.105), 6-26-1981)

(a)

A dimensional variance from any standard established in this chapter may be granted in the discretion of the board to allow a modification from such standard establishing area, yard, height, floor space, frontage, setback or similar numerical restriction, but only after substantive evidence establishes that there are practical difficulties in carrying out the strict letter of this chapter. They shall be permitted only when they are in harmony with the general purposes and intent of this chapter.

(b)

The board of appeals shall consider the following factors in determining if there are practical difficulties:

(1)

How substantial the variance is in relating to the zoning requirements;

(2)

The effect, if the variance is allowed, of the increased population density thus generated on available governmental facilities;

(3)

Whether a substantial change will be affected in the character of the neighborhood or a substantial detriment created for adjoining properties;

(4)

Whether the difficulty can be obviated by some feasible method other than a variance;

(5)

Whether, in view of the manner in which the difficulty arose, and considering all of the above factors, the interests of justice will be served by allowing the variance; and

(6)

Whether the plight of the landowner is due to the circumstances unique to his property not created by the landowner.

(c)

Unnecessary hardship on a landowner, by the denial of a dimensional variance, shall not be a factor in the determination to be made by the board of appeals. Conditions may be imposed on an applicant prior to granting a variance, which shall be written down and signed by the applicant prior to receiving a variance.

(d)

The applicant for a variance which, in the opinion of the board of appeals, may result in a material adverse effect on the environment may be requested by the board to demonstrate the nature and extent of the effect.

(Ord. No. 369, § 16.046(16.109(5)), 6-26-1981; Ord. No. 653, 5-17-2002)

(a)

Appeals may be taken by any person affected, including the city council, or by any officer, department, board or bureau of the city. Such appeal shall be taken within 15 days of entry of the decision in city records, by filing with the zoning administrator for hearing by the board of appeals a notice of appeal specifying the grounds thereof.

(b)

Appeals shall be heard within 45 days after receipt, at a public hearing, notice to be given as required by Public Act No. 110 of 2006 (MCL 125.3101 et seq.). A decision shall be made within 30 days, in writing, setting forth reasons if the appeal is rejected.

(c)

An appeal stays all proceedings in furtherance of the action appealed from, unless the board of appeals certifies that by reason of the facts stated in the certificate a stay would cause imminent peril to life or property.

(d)

The board of appeals may reserve or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and to that end shall have all the powers of the officer from whom the appeal was taken and may direct the issuance of a permit.

(e)

The board shall keep complete and detailed records of all its proceedings, which shall include the minutes of its meetings, its findings and actions taken on each matter heard by it, including the final order. The order shall include the legal description of the property involved. Reasons for the decision shall be stated in writing. The board shall record the vote of each member on each question or, if a member is absent or fails to vote, will indicate such fact. All records shall be open for public inspection. Meetings shall be held at the call of the chairperson and at such other times as the board of appeals may determine.

(f)

The concurring vote of a majority of the members of the board of appeals shall be necessary to reverse an order, requirement, decision or determination of an administrative official or body or to decide in favor of an applicant on a matter upon which they are required to pass under this chapter.

(g)

All decisions by the board of appeals in granting variances or in hearing appeals shall be final, except that any affected person, or any department, board or commission, or the state with an interest affected shall have the right to appeal within 30 days after the decision to the circuit court in the county in which the land is located on questions of law and fact. For purposes in determining who constitutes a person with an "interest affected," it shall be deemed to include an applicant, the municipal body or a subdivision of the same and any person who was required to be given notice under state law for a public hearing.

(Ord. No. 369, § 16.050(16.110), 6-26-1981; Ord. No. 407, 12-20-1983; Ord. No. 522, 12-4-1992; Ord. No. 653, 5-17-2002; Ord. No. 693, § 2, 12-5-2006)

Members of the board shall be removable for misfeasance, malfeasance or nonfeasance in office by the vote of six members of the city council, upon the filing of written charges with the city council. No member shall be removed prior to a public hearing, which shall be held within 30 days of the date of filing of the written charges.

(Ord. No. 369, § 16.055(16.111), 6-26-1981; Ord. No. 693, § 3, 12-5-2006)

Vacancies occurring on the board of appeals shall be promptly filled by the city council and any member so appointed shall serve the balance of the preceding member's term and shall thereafter be subject to appointment in the manner set forth in section 48-188.

(Ord. No. 369, § 16.060(16.112), 6-26-1981)

The regulations, restrictions and boundaries set forth in this chapter may be amended, supplemented or repealed in accordance with the provisions of this chapter.

(Ord. No. 369, § 16.090(17.100), 6-26-1981)

Amendments to the zoning district map may be initiated by the city council, the building and zoning administrator or the planning commission on any parcel in any district within the city. A person owning property may file a petition to amend the zoning classification affecting his property.

(Ord. No. 369, § 16.095(17.101), 6-26-1981; Ord. No. 375, 1-15-1982)

Amendments shall be referred to the planning commission for study and report and may not be acted upon by the city council until it has received the recommendation of the planning commission on the proposed amendment, or until 60 days have elapsed from the date of reference of the amendment without a report being prepared by the planning commission. Upon receipt of the report and recommendation of the planning commission, or after 60 days have passed without a recommendation from the planning commission, the city council, by majority vote, may adopt in whole or in part, deny or take any other action on the proposed amendment as it may deem advisable. Changes and amendments hereunder shall become effective immediately after passage by the city council, subject to the charter and statutory requirements of Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(Ord. No. 369, § 16.100(17.102), 6-26-1981)

Amendments shall be filed with the city clerk and published as required by Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(Ord. No. 369, § 16.105(17.103), 6-26-1981)

(a)

No amendment shall be adopted until a public hearing has been held thereon by the planning commission.

(b)

Said public hearing required by this chapter shall include notice as required by Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(c)

No action shall be taken on any application for an amendment by the planning commission or the city council until the applicant shall have paid an appropriate filing fee as established by resolution of the city council from time to time.

(Ord. No. 369, § 16.110(17.104), 6-26-1981; Ord. No. 522, 12-4-1992)

Uses of land and dwellings, buildings or structures including tents and trailer coaches, used, erected, altered, razed or converted in violation of this chapter are a nuisance per se.

(Ord. No. 369, § 16.170(19.100), 6-26-1981)

Whenever a violation of this chapter occurs or is alleged to have occurred, any person or official may file a written complaint with the office of the building and zoning administrator stating fully the causes and bases thereof. The building and zoning administrator shall maintain a record of such complaints and shall take appropriate action pursuant to the provisions of this chapter.

(Ord. No. 369, § 16.175(19.101), 6-26-1981)

Any unauthorized change in the official zoning map shall be considered a violation of the provisions of this chapter.

(Ord. No. 369, § 16.180(19.102), 6-26-1981)

No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with the provisions of this chapter. No license, permit, variance or action may be taken which violates the provisions of this chapter. The city shall not waive any of its rights or remedies against any person violating this chapter, which violations were performed in reliance on authorization erroneously given in violation of any provision contained herein. Any permit, license, variance or action authorized that is contrary to the provisions of this chapter is deemed illegal and invalid from date of the grant of authorization.

(Ord. No. 369, § 16.185(19.103), 6-26-1981)

In addition to all other remedies, the city may institute appropriate action or proceedings to prevent, restrain, correct or abate violations or threatened violations and it is the duty of the city attorney to institute such action.

(Ord. No. 369, § 16.190(19.104), 6-26-1981)

Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of, any other provision of this chapter shall be responsible for a municipal civil infraction.

(Ord. No. 369, § 16.195(19.105), 6-26-1981)