Except where herein otherwise stated, the provisions of this section shall be administered by the zoning administrator and his or her designee and the director of community and economic development and his or her designee, or such other official or officials as may be designated by the city council. Throughout this chapter any reference to a "zoning administrator" or "community and economic director" shall also mean his or her designee, and shall have the power to:

(1)

The zoning administrator shall make inspections of buildings and premises necessary to carry out the duties of administration and enforcement of this chapter.

(2)

The zoning administrator shall issue and serve appearance tickets on any person with respect to any violation of this chapter where there is reasonable cause to believe that the person has committed such an offense.

(3)

The zoning administrator shall issue a certificate of zoning compliance when the requirements of this chapter have been met.

(4)

The zoning administrator shall perform such other functions necessary and proper to enforce and administer the provisions of this chapter.

(Ord. No. 844, § 2, 3-18-24)

The table below summarizes the approval and level of compliance required for development and re-occupancy applications.

The following abbreviations represent the approval authorities for projects listed in the table:

SPR: Site plan review in accordance with article XIII, site plan review.

SLU: Special land use review by planning commission, see article XI, special land use.

AR: Administrative review and approval in accordance with article XIII, site plan review.

(Ord. No. 844, § 2, 3-18-24)

The zoning administrator or designee shall issue certificates of zoning compliance under the following conditions:

(1)

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

(2)

It shall be unlawful to use or occupy or permit the use or occupancy of any building, structure or premises, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure, as permitted under the terms of this chapter, until a certificate of zoning compliance shall have been issued hereunder by the zoning administrator. The certificate shall state that the building, structure, and lot and use thereof, conform to the requirements of this chapter.

(3)

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

(4)

Certificates of zoning compliance authorize only the use, arrangement and construction set forth in the application and any appended plans, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter. Any change in approved plans shall occur only as provided for in this chapter and shall require the issuance of an amended certificate of zoning compliance.

(5)

The types of buildings and structures subject to a building permit or zoning compliance permit are generally described in the following table. The zoning administrator will make the final determination of the applicability of the building permit and will make the final determination of the applicability of a zoning compliance permit, based on the information submitted by the applicant and subject to applicable legislation, including this article.

(Ord. No. 844, § 2, 3-18-24)

(1)

As a condition of approval of a site plan, special land use, or planned unit development, the zoning administrator may require a financial guarantee of sufficient sum to assure the installation of those features or components of the approved activity or construction which are considered necessary to protect the health, safety and welfare of the public and of users or inhabitants of the proposed development. Such features or components, hereafter referred to as "improvements," may include, but shall not be limited to, roadways, curbs, landscaping, fences, walls, screens, lighting, drainage facilities, sidewalks, driveways, parking areas, utilities, and similar items. Financial guarantees are generally required for items that cannot be completed due to weather or related delays yet a temporary certificate of occupancy is sought.

(2)

Performance guarantees shall be processed in the following manner:

(a)

Prior to the issuance of a certificate of occupancy, the applicant shall submit an itemized estimate of the cost of the uncompleted required improvements, which shall then be reviewed by the zoning administrator. The amount of the performance guarantee shall be no greater than 100 percent of the cost of installing the uncompleted improvements, plus the cost of necessary consultants and a reasonable amount for contingencies.

(b)

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

(c)

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

(d)

When all of the required improvements have been completed, the obligor shall send written notice to the zoning administrator of completion of such improvements. Thereupon, the zoning administrator shall inspect all of the improvements and shall either approval or reject the improvements with a statement of the reasons for any rejections.

(e)

The zoning administrator shall then either approve or reject the improvements. The zoning administrator shall notify the obligor in writing of the action within 30 days after receipt of the notice from the obligor of the completion of the improvements.

(f)

The zoning administrator, upon completion of all required improvements, shall issue a certificate of zoning compliance and forward it to the building official.

(g)

Upon receipt of the certificate of zoning compliance and request of the obligor, the zoning administrator shall rebate the performance guarantee upon determination that the improvements for which the rebate has been requested have been satisfactorily completed.

(h)

Performance guarantees shall not be returned until all debts or obligations to the city are resolved.

(i)

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

(Ord. No. 844, § 2, 3-18-24)

The Michigan Zoning Enabling Act 110 of 2006, MCL 125.3103 Notice; Publication; Mail or Personal Delivery Requirements, prescribes the requires for public hearings: Unless otherwise required, notices for all public hearings shall be given as follows:

(1)

The notice shall:

(a)

Describe the nature of the request.

(b)

Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.

(c)

State when and where the request will be considered.

(d)

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

(2)

Except as required in (3) and (4), below, notices for all public hearings shall be given as follows:

(a)

Notice of the hearing shall be not less than 15 days before the date of the public hearing, not including the date of the meeting.

(b)

Notice of the hearing shall be published in a newspaper of general circulation

(c)

Notice shall be sent by mail or personal delivery to the owners of property for which approval is being considered.

(d)

Notice shall also be sent by mail to all persons to whom real property is assessed within 300 feet of the property and to the occupants of all structures within 300 feet of the property regardless of whether the property or occupant is located in the zoning jurisdiction. If the name of the occupant is not known, the term "occupant" may be used in making notification under this subsection.

(3)

Newspaper publication as required in (2) above shall be the only notice required for an amendment to the zoning ordinance or the zoning map that affects 11 or more properties.

(4)

Zoning board of appeals (ZBA).

(a)

For ordinance interpretations and appeals of administrative decisions by the ZBA, notice shall be only to the applicant and by newspaper publication, as required in (2) b. above.

(b)

If the interpretation or appeal of an administrative decision involves a specific property, notice shall be given to the person bringing the appeal and as required in (2) a.-c., above.

(Ord. No. 844, § 2, 3-18-24)

Whenever by the provisions of this article the performance of any act is required, or the performance of any act is prohibited, or whatever regulation, dimension or limitation is imposed on the use of, or upon any land, or on the erection or alteration or the use or change of use of a structure or the uses within such structure, a failure to comply with such provisions of this article shall constitute a violation of this article. Every day on which a violation exists shall constitute a separate violation and a separate offense.

(Ord. No. 844, § 2, 3-18-24)

Any person who violates this article shall be responsible for a civil infraction violation, subject to the fines and penalties set forth in the Owosso City Code.

(Ord. No. 844, § 2, 3-18-24)