The Building Official, through its officers, inspectors or employees, shall administer and enforce the provisions of this title, provided that, in cooperation with the Department, any police officer shall have authority to enforce the provisions relating to the parking, storing or placing of a motor vehicle on land or premises.

A.

The Building Official shall have the power to grant building and occupancy permits, to make inspections of buildings or premises necessary to carry out the duties in the enforcement of this Ordinance. It shall be unlawful for the Building Official to approve any plans or to issue a building permit for any excavation or construction until he has inspected such plans in detail and found them in conformity with this Ordinance. To this end, the Building Official shall require that every application for a building permit for excavation, construction, moving or alteration or change type of use or other type of occupancy be accompanied by written statements and plans to plats drawn to scale, in triplicate, and showing the following in sufficient detail to enable the Building Official 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 the residential areas, the number of dwelling units the building is intended to accommodate.

4.

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

B.

If the proposed excavation, construction, moving or alteration or use of the land, as set forth in the application, are in conformity with the provision of this Ordinance, the Building Official shall issue a building permit. If any application for such permit is not approved, the Building Official shall state in writing on the application the cause for such disapproval. Issuance of a permit shall in no case be construed as waiving any provisions of this Ordinance.

C.

The Building Official is under no circumstances permitted to grant exceptions to the actual meaning of any cause, order or regulation contained in this Ordinance to any person making application to excavate, construct, move, alter or use either buildings, structures or land within the City.

D.

The Building Official is under no circumstances permitted to make changes to this Ordinance in or to vary the terms of this Ordinance in carrying out his duties.

E.

The Building Official shall make a record of all nonconforming uses, for which application for a Certificate of Occupancy has been made, which are existing at the effective date of this Ordinance, codified in this title for the purpose of carrying out the provisions of Section 5.12. In the event the Building Official does not notify owners of nonconforming uses this does not grant to them any greater status than any other nonconforming user may have.

A.

Permits Required. It shall be unlawful for any person to commence excavation, construction, alteration, or repair of any building or structure, or moving of any existing building or structure, without first obtaining a building permit and other required permits. No permit shall be issued for construction, alteration, remodeling of any building or structure until an application has been submitted in accordance with the provisions of this Article, showing that the work proposed is in compliance with the provisions of this Ordinance, the adopted building code, and other applicable codes and ordinances (including, but not necessary limited to the adopted plumbing, heating, electrical, mechanical and drainage codes and regulations).

1.

Information Required. In addition to information required by the building code and other codes, the following information shall be provided with the permit application, if applicable:

a.

The dimensions of all lot and property lines, showing the relationship of the subject property to abutting properties.

b.

The location of all existing and proposed structures on the subject property and all existing structures on adjacent parcels within two hundred feet (200') minimum of the subject property or within five hundred feet (500') minimum.

c.

The proposed elevations of the brick ledge, main floor, lowest level, garage floor, and patio (if proposed).

d.

Existing ground elevation on 25 feet by 25 feet grid or by contours at two feet intervals, on the subject property and within fifty (50') feet of the subject property.

e.

Proposed ground elevations on the site where elevations are proposed to be changed by more than twelve (12") inches and/or where change in drainage patterns is proposed.

f.

Existing and proposed locations (horizontal and vertical) of underground utilities.

g.

Proposed exterior dimensions of the building.

h.

Proposed exterior dimensions of any building attachments or accessory structures, such as porches, decks, walls, and swimming pools.

i.

Proposed front, side, rear, and waterfront setbacks, measured at the corners of the building and at the shortest distance between each face of the building and the corresponding property line (or legal lake level for waterfront setbacks).

j.

All required zoning setbacks, property labeled.

k.

A grading and soil erosion and sedimentation control plan, which shall include the following:

1.

A site location sketch, which shall indicate the general location of the site relative to lakes, streams, wetlands, roads, and other landmarks.

2.

Description and location of all proposed permanent soil erosion and sedimentation control measures.

3.

Description and location of all proposed temporary soil erosion and sedimentation control measures.

4.

Schedule and sequencing plan for construction.

5.

Direction and method of existing and proposed site drainage.

6.

Benchmark used to prepare the survey and plan, based on United States Geological Survey Datum.

The Building Official shall have the authority to waive or modify any or all of these requirements in consideration of the scope of the proposed work and anticipated impact of the proposed improvements.

2.

Professional Seal. The Building Official may, at their discretion, require the plans for alteration or addition to an existing structure be sealed by an architect or professional engineer, provided that building plans shall be properly sealed whenever required by Michigan Occupational Codes and whenever a new residential structure is proposed. Accordingly, sealed plans shall be required for residential structures having a floor area of 3,500 square feet or more.

3.

Definition of "Alteration" or "Repair". Alteration or repair of an existing building or structure includes any change in:

a.

Structure members, stairways, or basic construction;

b.

Type, kind, or class of occupancy;

c.

Light or ventilation;

d.

Means of ingress or egress; or

e.

Other changes affecting compliance with or regulated by the adopted building and housing codes or this ordinance.

4.

New Use of Land. A building permit shall be required for new use of land, whether the land is presently vacant or a change in land use is proposed.

5.

Issuance of a Permit. A building permit shall be issued within ten (10) business days after receipt of the application if it is found that the proposed construction, alteration, or remodeling is in accordance with the provisions of this and other codes and ordinances.

6.

Verification of Compliance with Permit Requirements. It shall be unlawful to use or occupy any land, building or structure for which a permit is required in compliance with permit requirements. For the purpose of such verification, the Building Official shall require:

a.

Verification of Foundation. After construction of the foundation and backfilling, verification that the foundation complies with the approved plans shall be required. An as-built survey shall be submitted by a licensed professional surveyor showing that the finished building grade and brick ledge elevations and location of the foundation are in accordance with the approved plans. No construction or material delivery shall take place until the required certification has been approved by the Building Official.

b.

"As-Built Survey". As-built survey shall be submitted to the City by a licensed professional surveyor indicating the garage floor finished grade and brick ledge elevations, setbacks, finished grade and lot corner elevations, and centerline and spot elevations of drainage swales. This must be done prior to a certificate of occupancy being issued. Whenever a new residential structure is constructed, and whenever the proposed improvements result in an increase of the building footprint by 750 square feet or more, the as-built drawings and survey shall be completed and sealed by a licensed professional surveyor. Where the proposed improvements involve renovation to or expansion of an existing residential structure, and where the improvements do not increase the building footprint by 750 square feet or more, then the Building Official may permit the as-built drawing to be completed by the property owner or builder.

7.

Notification of Building Official. It shall be the permit holder's responsibility to notify the Building Official of construction progress and to request inspection.

It is 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 altered, extended, erected, repaired or moved, until the Building Official has 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 buildings and structures in the Michigan Building Code shall also constitute Certification of Occupancy as required by this Ordinance.

B.

Certificates of Existing Buildings. Certificate of Occupancy shall be issued for existing buildings, structures or parts thereof, or existing uses of land if, after inspection, it is found that such building, structures or parts thereof, or such use of land, are in conformity with the provisions of this Ordinance.

C.

Temporary Certificates. Temporary 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 temporary Certificate of Occupancy shall not remain in force more than six (6) months, 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.

Records of Certificates. A record of all Certificates of Occupancy shall be kept in the office of the Building Official and copies of such Certificates of Occupancy shall be furnished upon request to a person or persons having a proprietary or tenancy interest in the property involved.

E.

Certificates for Accessory Buildings to Dwellings. Accessory buildings or structures to dwellings shall not require a separate Certificate of Occupancy, but rather may be included in the Certificate of Occupancy for the principal dwelling, building or structure on the same lot when such accessory buildings or structures are completed at the same time as the principal use.

F.

Application for Certificates. Certificates of Occupancy shall be applied for in writing to the Building Official on forms provided by the Building Official and shall be issued within five (5) days after the receipt of such application if it is found that the building or structure or part thereof or the use of 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.

G.

Certificates for Nonconforming Buildings and Uses. Reference is made to Section 5.12.

A.

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.

The amount of such fees shall be established by the City Council and shall cover the cost of inspection and supervision resulting from the enforcement of this Ordinance. The fees shall be deposited in the Building Department Fund of the City of Orchard Lake Village.

The City Planning Commission as established by City Ordinance in accordance with Act 285, of the Public Act of 1931, as amended, is designated as the commission specified in Section 4 of Act 207 of the Public Act of 1921, as amended, and shall perform the duties of said Commission as provided in the statute in connection with amendments to this Ordinance.

A.

The City Council may, upon recommendation from the Planning Commission, amend, supplement or change the regulation of the district boundaries of the Ordinance as established herein, subsequently pursuant to the authority and procedure set forth in Acts of 1921, as amended.

B.

Any applicant desiring to have any change made in this Ordinance shall, with his petition for such change, deposit a fee as established by the City Council with the City Treasurer at the time that the petition is filed to cover the publication and other miscellaneous fees for said change.

C.

At least one (1) public hearing shall be held by the Planning Commission before an amendment becomes effective. Not less than fifteen (15) days' notice of the time and place of the public hearing shall first be published in an official paper or a paper of general circulation in the City, and not less than fifteen (15) days' notice of the time and place of the public hearing shall first be given by mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected that registers its name and mailing address, which shall be maintained by the City. A hearing shall be granted a person interested at the time and place specified on the notice.

D.

The Planning Commission shall make a tentative report and hold at least one (1) public hearing before submitting its final report to the City Council. A summary of the comments submitted at the public hearing shall be transmitted with the report of the Commission to the City Council. The City Council may hold additional public hearings if it considers it necessary, or as may be required by the City Charter.

E.

The City Council shall not determine the boundaries of districts nor impose regulations until after the final report of the Planning Commission, nor shall the Ordinance or maps be amended after they have been submitted to the Planning Commission and it has held at least one (1) public hearing and made report thereon. In either case, the City Council may adopt the Ordinance and maps, with or without amendments, after receipt of the Planning Commission's report, or refer the Ordinance and maps again to the Planning Commission for a further report.

F.

After the Ordinance and maps have in the first instance been approved by the City Council, amendments or supplements thereto may be made, as provided in this Section, except that if an individual property or several adjacent properties are proposed for rezoning, notification and hearing shall be given to the owners of the property in question at least fifteen (15) days before the hearing.

G.

Upon preservation of a protest petition, meeting the requirements of this Subsection, an amendment to this Ordinance which is the subject of the petition shall be passed only by an affirmative vote of at least five (5) members of the Council, and by Ordinance. The protest petition shall be presented to the City Council before final legislative action on the amendment, and shall be signed by one (1) of the following:

1.

The owners of at least twenty percent (20%) of the area of land included in the proposed change.

2.

The owners of at least twenty percent (20%) of the area of land included within an area extending outward one hundred (100') feet from any point on the boundaries of the land included in the proposed change.

3.

For purposes of Subsection G, publicly owned land shall be excluded in calculating the twenty percent (20%) land area requirement.

H.

Following adoption of amendment to this Ordinance by the City Council, one (1) notice of adoption shall be published in a newspaper of general circulation in the City within fifteen (15) days after adoption. The notice shall include:

1.

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

2.

The effective date of the amendment.

3.

The place and time where a copy of the amendment may be perused or inspected.

The City Council shall have the following specific powers and duties concerning special use approval:

A.

Purpose. Special uses are uses, either public or private, which possess unique characteristics and therefore cannot be classified as a principal permitted use in a particular zoning district. The purpose of this Section is to provide standards and procedures for review of each such proposed use individually on its own merits to determine if the use is appropriate for the district and in the specific location where proposed.

B.

Authorization. Special use and approval is authorized by Section 5.02 of Michigan Public Act 110 of 2006, as amended (the Michigan Zoning Enabling Act). Uses identified as special uses in Sections 6.04, 7.03, 8.03, 9.03, 10.03, 11.03 and 12.03 shall require approval as set forth in this Section. From time to time, special uses may be added by amendment to this Ordinance.

C.

Review Procedures.

1.

Application Materials.

A.

A completed application for special use review shall be submitted with the appropriate fee in the manner and schedule prescribed by the City administration to provide sufficient time to notice the required public hearing and review the proposal. A site plan is required to process a special use proposal, so a completed application for site plan review shall be submitted simultaneously with the special use application.

B.

A site plan prepared in accordance with Section 4.33 shall be submitted.

C.

The notice shall:

i.

Describe the nature of the request.

ii.

Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property.

iii.

State when and where the request will be considered.

iv.

Indicate when and where written comments will be received concerning the request.

2.

Staff Review. The proposed special use application and site plan shall be reviewed by the Director of City Services. The Director of City Services may request professional review by the City Planner, City Engineer, and/or City Attorney. Any such review shall be prepared in writing and transmitted to the Planning Commission.

3.

Transmittal to the Planning Commission; Public Hearing. The applications and site plan shall be transmitted to the Planning Commission for initial review. A public hearing shall be scheduled on the special use. Notice of the public hearing shall be given as follows:

a.

The City shall publish notice of the hearing in a newspaper of general circulation not less than fifteen (15) days before the date of the hearing.

b.

Notice shall be given to the owners of property that is the subject of the request. Notice shall also be given to all persons to whom real property is assessed within 1,000 feet of the property that is the subject of the request and to the occupants of all structures within 1,000 feet of the subject property, regardless of whether the property or structure is located in the zoning jurisdiction. The notice shall be given not less than fifteen (15) days before the date the request will be considered by the Planning Commission.

Notification need not be given to more than one (1) occupant of a structure, except that if a structure contains more than one (1) dwelling unit or spatial area owned or leased by different persons, one (1) occupant of each unit or spatial area shall be given notice. If a single structure contains more than four (4) dwelling units or other distinct spatial areas owned or leased by different persons, 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.

4.

Planning Commission Action. The Planning Commission shall receive the staff reports and conduct the public hearing. Following deliberation, the Planning Commission shall make separate recommendations, one for the special use and one for the site plan, based on the following options:

a.

Recommendation of Approval. Upon finding that the special use and site plan are in compliance with the requirements of this Ordinance, the Planning Commission shall recommend approval to the City Council.

b.

Recommendation of Conditional Approval. Upon finding that the special use and site plan are largely in compliance with the requirements of this Ordinance, with the exception of minor revisions, the Planning Commission may recommend approval with conditions to the City Council.

c.

Recommendation of Denial. Upon finding that the special use and/or site plan are not in compliance with Ordinance to the extent that compliance cannot be achieved, the Planning Commission shall recommend denial to the City Council.

d.

Tabling. If the applicant requests time to make revisions to bring a special use and site plan proposal into compliance, then the Planning Commission may table the case until a specific date.

5.

Transmittal to City Council. The special use proposal and site plan shall be transmitted to City Council for review. The site plan submitted to City Council shall be the same as the plan reviewed and recommended by the Planning Commission, except that if the Planning Commission recommended conditional approval, then the plan shall be revised to incorporate the conditions. However, if the applicant objects to any of the conditions, then they need not be shown on the plan pending review by the City Council.

6.

City Council Action. Following deliberation and consideration of the Planning Commission's recommendations, the City Council shall take action on the special use and the site plan, based on the options:

a.

Approval. Upon determining that the special use and site plan are in compliance with the requirements of this Ordinance and other applicable ordinances, the City Council shall grant approval.

b.

Approval with Conditions. In addition to the conditions recommended by the Planning Commission, the City Council may impose conditions with the approval of a special use. Conditions imposed shall meet all of the following requirements:

i.

Conditions shall be designed to protect natural resources, the health, safety, welfare and social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

ii.

Conditions shall be related to the valid exercise of police power, and purposes that are affected by the proposed use or activity.

iii.

Conditions shall be necessary to meet the intent and purpose of the Zoning Ordinance, related to the standards established in the Ordinance for the land use or activity under consideration, and necessary to insure compliance with those standards.

Following approval of the special land use, the City Council shall take action on the site plan, which may require revisions to comply with the special use conditions.

c.

Denial. Upon determination by the City Council that a special use proposal does not comply with the regulations set forth in this Ordinance or other applicable ordinances, or otherwise will be injurious to the public health, safety, welfare, and/or orderly development of the City, the special use proposal shall be denied.

7.

Record. The decision on a special use proposal shall be incorporated in a Statement of Conclusions, which shall specify the basis for the decision and any conditions imposed. The Statement of Conclusions shall remain unchanged except by mutual consent by the City Council and the applicant. All changes approved by mutual consent shall be incorporated into an amended Statement of Conditions. The action taken by the City Council, including any conditions imposed thereon shall be recorded in the official minutes of the City Council.

8.

Expiration of Special Use Approval. Special use approval shall expire one (1) year from the date of action by the City Council unless:

a.

The premises are occupied by the permitted use, or

b.

Construction is underway pursuant to a valid building permit to prepare the premises for the permitted use.

9.

Modification to an Approved Special Use. Reconsideration of a Special Use by the Planning Commission and the City Council shall not be required if all of the following requriements are met:The proposed improvements do not change the overall purpose, use, character, or operation of the facility in question.

A.

Special Use approval for the use in question was granted in the past and the approval remains valid.

B.

The proposed improvements will not result in a substantial increase in the intensity of the Special Use. In evaluating this condition, consideration shall be given to anticipated increases in traffic, employees, customers, or students, new or modified operations, etc.

C.

The proposed improvements will not result in a substantial increase in usable floor area for the purpose of expanding the capacity of the Special Use.

D.

The proposed improvements will not result in a substantial increase in total land area for the purpose of expanding the capacity of the Special Use.

E.

The proposed improvements will not result in having negative effects on surrounding properties.

The Director of City Services shall be responsible for determining if a proposed modification requires full review and approval based on the above criteria.

In making the determinations required in this sub-section, the Director of City Services may request professional review by the City Planner, City Engineer, r City Attorney and or the City Planning Commission.

Proposed improvements require site plan review in accordance with Section 4.33, regardless whether Special Use review and approval is required.

D.

Approval Standards. Approval of a special use by the City Council shall be based on the determination that the proposed use will comply with all applicable requirements of this Ordinance, including the following standards:

1.

Public Health, Safety and Welfare. The special use shall be designed, constructed and operated so that the public health, safety and welfare will be protected.

2.

Compatibility with Adjacent Uses. The special use shall be designed, constructed and operated to be compatible with and have no adverse effect on uses on surrounding land. In determining whether this requirement has been met, consideration shall be given to the following:

a.

The location and screening of vehicular circulation areas and parking in relation to surrounding uses.

b.

The location of buildings, structures and screening, including screening of outdoor activity areas and mechanical equipment, in relation to surrounding uses.

c.

The hours of operation. Approval of a special use may be conditioned upon operation within specified hours considered appropriate to ensure minimal impact on surrounding uses.

d.

Proposed landscaping and other site amenities.

3.

Compatibility with the Master Plan. The proposed special use shall be consistent with the principles and objectives of the City's Master Plan.

4.

Adequacy of Public Services. The proposed special use shall be adequately served by necessary public services and facilities, including, where appropriate, streets, police and fire protection, drainage systems, water and sewage facilities, and schools, unless the proposal includes an acceptable plan for providing necessary services or evidence that such services will be available by the time the special use is established.

5.

Minimize Impact of Traffic. The special use shall be designed and operated in a manner that minimizes its impact on traffic. in determining whether this requirement has been met, consideration shall be given to the following:

a.

Proximity and access to thoroughfares (e.g., Orchard Lake Road).

b.

Estimated traffic generated by the proposed use.

c.

Proximity to and impact on intersections.

d.

Adequacy of driver sight distances.

e.

Location of and access to off-street parking.

f.

Provisions for non-motorized traffic.

6.

Impact on the Economic Well-Being. The proposed special use shall not be detrimental to the economic well-being of those who will use the land, as well as surrounding residents, businesses, and landowners, and the community as a whole.

7.

Harmony with Applicable Requirements of the Zoning Ordinance. The proposed special use shall be in harmony with the purposes and regulations of the zoning district in which it is located. Furthermore, the proposed special use shall comply with applicable regulations in the Site Design Standards in Article XIV.

8.

Compatibility with the Natural Environment. The proposed special use shall be compatible with the natural environment and shall help conserve natural resources and energy.

A.

Intent and Scope of Requirements. To insure compliance with the provisions of this Ordinance and any conditions imposed thereunder, the Planning Commission or City Council may require that a performance guarantee be deposited with the City to insure faithful completion of improvements, in accordance with Section 505 of the Michigan Zoning Enabling Act, Act 110 of 2006, as amended. Improvements for which the City may require a performance guarantee include, but are not limited to, roads, lighting, utilities, sidewalks, perimeter landscaping, and improvements in common spaces, screening and drainage.

B.

General Requirements. The performance guarantee shall meet the following requirements:

1.

The performance guarantee shall be in the form of an irrevocable bank letter of credit or cash escrow. If the applicant posts a letter of credit, (the credit gives City rights to draw funds under the credit). If the applicant posts cash escrow, the escrow instructions shall provide that the escrow agent shall have a legal duty to deliver the funds to the City whenever the Mayor presents an affidavit to the agent attesting to the City's right to receive funds whether or not the applicant protests that right.

2.

The performance guarantee shall be submitted at the time of issuance of the permit authorizing the activity or project.

3.

The amount of the performance guarantee shall be sufficient to cover the estimated cost of the improvements for which the performance guarantee is required. The applicant shall provide an itemized schedule of estimated costs to complete all such improvements. The exact amount of the performance guarantee will be determined by the Building Official.

4.

The entire performance guarantee shall be returned to the applicant following:

a.

Inspection by the Building Official and other authorities who have jurisdiction over the project, and

b.

A determination that the required improvements have been completed satisfactorily.

The performance guarantee may be released to the applicant in proportion to the work completed on various elements, provided that a minimum of ten percent (10%) shall be held back on each element until satisfactory completion of the entire project.

5.

A portion of the performance guarantee equal to ten percent (10%) of the value of the perimeter landscaping and landscaping in common areas: An amount not less than ten percent (10%) of the total performance guarantee may be retained for a period of at least one (1) year after installation of landscape materials to insure proper maintenance and replacement, if necessary. This amount will be released to the applicant upon certification by the Building Official that all landscape materials are being maintained in good condition.

C.

Unsatisfactory Completion of Improvements. Whenever required improvements are not installed or maintained within the time stipulated or in accordance with the standards set forth in this Ordinance, the City may complete necessary improvements itself or by contract to an independent developer, and assess all costs of completing said improvements against the performance guarantee. Prior to completing said improvements, the City shall notify the owner, site plan review applicant, or other firm or individual responsible for completion of the required improvements.

In addition to specific responsibilities outlined elsewhere in this Ordinance, when engaged by the City to perform such duties, the City Planning Consultant shall have the following responsibilities:

A.

Prepare and administer such plans and ordinances as are appropriate for the City, within the scope of the Michigan Planning and Zoning Enabling Acts.

B.

Advise and assist the Planning Commission and be responsible for carrying out the directives of the Planning Commission.

C.

Advise and assist the City Council and be responsible for carrying out the directives of the City Council.

D.

At the request of the Building Official, Planning Commission or authorized City Officials, review applications for site plan review, special use reviews, rezoning requests, and other zoning applications.

E.

Provide citizens and public officials with information relative to this ordinance and related matters.

F.

At the request of the Planning Commission or City Council, draft amendments to the Zoning Ordinance and other ordinances to accomplish the planning objective of the City.

G.

Perform other related duties required to administer this Ordinance.

A.

Except as otherwise provided in this ordinance, if the City is required to provide notice and a public hearing, the City shall do all of the following:

1.

Publish notice of the request in a newspaper of general circulation in the City;

2.

Mail or personally deliver said notice to the owners of property for which approval is being considered; and

3.

Mail or personally deliver said notice to all persons to whom real property is assessed within one thousand (1,000') feet of the subject property, regardless of whether the property or occupant is located in the City. If the name of an occupant is not known, the term "occupant" may be used.

4.

For any notice given regarding a group home, the notice shall be delivered as specified in subsection 3 above, except that the distance shall be fifteen hundred feet (1,500').

B.

The notice specified above shall be given not less than fifteen (15) days before the date the application will be considered for approval.

C.

The notice specified above shall do all of the following:

1.

Describe the nature of the request;

2.

Indicate the property that is the subject of the request by street address, or if none, other appropriate items;

3.

State when and where the request will be considered; and

4.

Indicate when and where written comments will be received concerning the request.