Administration of this Ordinance is vested in the following City entities:

A.    Administrative Officer (Section 6.102).

B.    Planning Commission (Section 6.103).

C.    Zoning Board of Appeals (Section 6.104).

A.    Establishment of Administration Officer. The provisions of this ordinance shall be administered by the building official or any of his duly authorized representatives unless otherwise noted in this Ordinance (example: the planning administrator).

B.    Duties and Limitations of the Building Official.

1.    The building official shall have the power to grant zoning compliance permits and certificates of occupancy, and make inspections of buildings or premises necessary to carry out his duties in the enforcement of this ordinance.

2.    It shall be unlawful for the building official to approve any plans or issue a zoning compliance permit for any excavation or construction or use until he has inspected such plans in detail and has found them in compliance with this ordinance. To this end, the building official shall require that every application for a zoning compliance permit for excavation, construction, moving, alteration, or change in type of use or type of occupancy, shall be accompanied by a written statement and plans or plats as required by Article 6, Chapter 2.

3.    If the proposed excavation construction, moving or alteration, or use of land as set forth in the application is in conformity with the provisions of this ordinance, the building official shall issue a zoning compliance permit. If any application for such a permit is not approved, the building official shall state in writing on an appropriate denial form the cause for such disapproval.

4.    The building official may accept a preliminary application and a lesser number of submitted documents than those listed above in situations where a basic clarification is desired ahead of proceeding with further technical work; and the building official may on such preliminary submittal take the formal action of tentative denial or tentative approval.

5.    Issuance of a zoning compliance permit shall in no case be construed as waiving any provision of this ordinance.

6.    The building official shall carry out the orders of the planning commission and zoning board of appeals which are duly authorized by this ordinance.

7.    The building official is under no circumstance permitted to make changes to this ordinance or to vary the terms of this ordinance in carrying out his duties.

8.    The building official shall not refuse to issue a zoning compliance permit when the conditions imposed are complied with by the applicant despite violation of contracts, such as covenants or private agreements, which may result upon the granting of such permit.

A.    Creation and Designation.

1.    Creation. The Planning Commission created by Ordinance No. 881, adopted March 5, 1935, and as amended by Ordinance 1060 adopted June, 1964, which was charged, along with other powers and duties, with the duty of preparation of and recommending amendments to a Zoning ordinance for the City, is the body referred to herein.

2.    The Planning Commission is hereby designated the commission specified in section 11, Act No. 4 of the Public Acts of Michigan of 2008 (MCL 125.3801 et. seq.), and shall perform the duties of such commission as provided in the statute in connection with this ordinance together with such powers and duties as are given to such commission by the Charter and this Ordinance.

B.    Zoning Commission. The Planning Commission is hereby designated as the Zoning Commission specified in Article III of Public Act 110 of 2006, as amended, and shall perform the duties of said Commission as provided in the statute.

C.    Powers and Duties. The Planning Commission shall have such powers concerning the preparation and adoption of a comprehensive master plan consisting of future land use, street and thoroughfare plan, community facilities, public improvements programs, zoning ordinances, subdivision regulations, and other such rights, powers, duties and responsibilities as are expressly provided for in this Ordinance, the Michigan Planning Enabling Act, Public Act 33 of 2008, as amended, and the Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended.

D.    Sec. 14.4. Rules of procedure. The planning commission is hereby authorized to adopt rules of composition, procedure and policy consistent with the statutes of Michigan and the provisions of this ordinance.

The Zoning Board of Appeals (hereinafter referred to as “ZBA” or “Board of Appeals”) is created pursuant to Article VI of the Michigan Zoning Enabling Act, PA 110 of 2006 (as amended).

A.    Organization. The qualifications of members, the term of each member, filling of vacancies, compensation of members, and operation of the ZBA shall be in accordance with Section 601 of the Michigan Zoning Enabling Act, PA 110 of 2006, as amended, and the following provisions:

1.    Membership.

a.    The ZBA shall consist of seven members who shall be appointed in accordance with Section 601 of the Michigan Zoning Enabling Act, PA 110 of 2006, as amended. The ZBA shall represent insofar as is possible the population distribution in the City. Each member of the ZBA shall be a resident of the City of Pontiac. An employee or contractor of the City Council may not serve as a member of the Zoning Board of Appeals.

b.    The City Council may appoint to the zoning board of appeals not more than 2 alternate members for the same term as regular members. An alternate member may be called as specified in the zoning ordinance to serve as a member of the zoning board of appeals in the absence of a regular member if the regular member will be unable to attend 1 or more meetings. An alternate member may also be called to serve as a member for the purpose of reaching a decision on a case in which the member has abstained for reasons of conflict of interest. The alternate member appointed shall serve in the case until a final decision is made. An alternate member serving on the zoning board of appeals has the same voting rights as a regular member.

2.    Terms. The term of each member shall be for three years, except for members serving because of their membership on the Planning Commission, whose terms shall be limited to the time they are members of those bodies.

3.    Vacancies. Successors in office shall be appointed not more than one month after the term of the preceding member has expired. Vacancies for unexpired terms shall be filled for the remainder of the term.

4.    Ex-Officio Members. Pursuant to MCL 125.3601(4), one of the regular members of the Zoning Board of Appeals may be a member of the Planning Commission.

5.    Conflict of Interest. A member of the ZBA who is also a member of the Planning Commission shall not participate in a public hearing or vote on the same matter that the member voted on as a member of the Planning Commission. However, the member may consider and vote on other unrelated matters involving the same property.

B.    Procedures.

1.    Meetings. All meetings of the ZBA shall be held at the call of the chairperson and at other times as the ZBA may determine. All hearings conducted by such board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicate such fact, and shall also keep records of its hearings and other official action. The board shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony and the production of books, papers, files and other evidence pertinent to the matters before it.

2.    Quorum and Majority Vote Required. The ZBA shall not conduct business unless at least a majority of the membership of the ZBA is present. The concurring vote of a majority of the members of the zoning 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 the applicant a matter upon which they are required to pass under an ordinance, or to effect a variation in an ordinance. The concurring vote of 2/3 of the members of the zoning board of appeals shall be necessary to decide in favor of a use variance.

C.    Powers. The board of appeals shall have the following powers including the power to order the issuance of zoning compliance permits and certificates of occupancy to implement its decisions.

1.    Interpretation of the zoning ordinance and administration review.

2.    Nonconformities. To decide whether or not changes in type “A” nonconformities are more detrimental than the existing use; upon conformity of alterations, extensions or enlargements of type “C” nonconformities; whether or not the type of nonconformity recorded by the building official actually exists; and to decide on the application of regulation set out in Section 6.506 regarding a substandard lot of record (see Article 6, Chapter 5 for noconformity standards).

3.    Interpretation of Zoning Map. To decide on any uncertainty that may exist, after applying the rules set out in Section 2.104 as to the exact location of a district boundary.

4.    Height Exceptions. To decide upon the application of the regulations of Section 2.301.C if a question arises as to the necessity or degree of incidentalness or length of custom as set out in the aforementioned regulations.

5.    Appeals of Administrative Decisions. To hear and decide appeals where it is alleged by the appellant that there is error, in regard to interpretation of the provisions of this ordinance, in any order, requirement, permit, decision, or refusal made by the building official in carrying out or in enforcing any provision of this ordinance. (see Section 6.405)

6.    Dimensional Variance. To hear and decide requests for dimensional variances. (see Section 6.407)

7.    Use Variance. To hear and decide requests for use variances. (see Section 6.408)

D.    Limitations of the Powers. Nothing contained herein shall be construed to empower the board to change the terms of this ordinance, to effect changes in the zoning map, or to add to the uses permitted in any district, except where specifically empowered to do so.

The procedures, standards and required information in this Chapter are intended to provide a consistent and uniform method of review of proposed development plans, to ensure full compliance with the regulations and standards contained in this Ordinance and other applicable ordinances and laws, to achieve efficient use of land, to protect natural resources, and to prevent adverse impact on adjoining or nearby properties. It is the intent of these site plan review requirements to encourage cooperation and consultation between the City and the applicant to facilitate development in accordance with the City’s land use objectives.

Four levels of site plan review are established by this ordinance: site plan review not required, administrative review, sketch plan review, and site plan review.

The submittal requirements for each kind of review are listed in Table 17 in Section 6.208.

A.    Site Plan Review Not Required. Site plan review is not required for the construction of single-family dwellings and small accessory structures and other activities and improvements that will not generate material off-site impacts. However, any activity or use that is exempt from site plan review may still be subject to the requirements of Article 6, Chapter 7, Permits, Fees, Violations and Penalties.

B.    Administrative Review is required for certain small scale projects that do not impact neighboring properties.

1.    Authority. The planning administrator shall have the authority to approve, approve subject to conditions, or deny any plan requiring administrative review. The planning administrator shall from time to time provide the Planning Commission with a summary of administrative review decisions made pursuant to this section.

2.    Request for Planning Commission Review. The planning administrator or the applicant shall have the option to request Planning Commission consideration of plans eligible for administrative review.

3.    Appeals of administrative site plan decisions made by the planning administrator shall be made to the Planning Commission. In such cases, the Planning Commission shall review the plan in accordance with the site plan review procedures set forth in Section 6.204.

C.    Sketch Plan Review is a Planning Commission review process for smaller scale projects and expansions or changes in use for existing sites. Less detailed information is required for sketch plan review compared to site plan review, and the level of information required is intended to be only that necessary to verify compliance with applicable ordinance standards.

    The application requirements and review procedures for sketch plan review are the same as those established for a one-step site plan review in Section 6.204.

D.    Site Plan Review is required for larger developments that disturb areas one or more acres, including projects less than one acre that are part of a larger common plan of development or sale, most new developments, major expansions, and redevelopment. Site plan review procedures and requirements are listed in Section 6.204.

Table 16 summarizes what kind of site plan review is required for various development activities. When a combination of more than one kind of development activity is proposed on a site, such as parking improvements required with the construction or expansion of a building, all site improvements shall be reviewed according to the highest level of review required for any one of the individual components of the overall development.

(Ord. No. 2413, 6-6-23)

At the request of an applicant, the city shall conduct a pre-application conference before a committee composed of planning staff, up to three representatives from the Planning Commission, and any other official or representative of the City. The purpose of this conference is to allow discussion with the city to better inform the applicant of the acceptability of any proposed plans or use prior to incurring extensive engineering and other costs which might be necessary for preliminary plan review and final site plan approval. A request for this conference shall be in writing and shall contain whatever information the applicant deems necessary so that full disclosure and discussion of the proposed plan may be held. The committee’s decision shall have no binding effect on the Planning Commission or City Council but be designed simply to advise the applicant of the feasibility of the proposal.

A.    Application. The owner, tenant, or purchaser having an interest in land for which site plan approval is sought, or the owner’s designated agent, shall submit a completed application form and sufficient copies of a site plan to the Planning Department. The site plan shall be prepared in accordance with the provisions of this Article, including all appropriate information required by Section 6.208. A site plan that does not meet the stipulated requirements for either preliminary or final site plan approval shall be considered incomplete and shall not be eligible for consideration by the Planning Commission.

B.    Technical review. Prior to Planning Commission consideration, the site plan and application shall be distributed to appropriate City officials and staff for review and comment. If deemed necessary the plans shall also be submitted to applicable outside agencies and designated City consultants for review and comment.

C.    Preliminary Site Plan Review. The Planning Commission shall review the site plan, together with any reports and recommendations from staff, consultants and other reviewing agencies and any public comments. The Planning Commission shall then make a determination based on the requirements of this Ordinance and the standards of Section 6.205 (Standards for Approval). The Planning Commission is authorized to postpone, approve, approve subject to conditions or deny the site plan as follows:

1.    Postponement. Upon determination by the Planning Commission that a site plan is not sufficiently complete for approval or denial or upon a request by the applicant, the Planning Commission may postpone consideration until a later meeting.

2.    Denial. Upon determination that a site plan does not comply with the standards and regulations set forth in this Ordinance, or would require extensive revisions to comply with said standards and regulations, the site plan shall be denied. If a site plan is denied, a written record shall be provided to the applicant listing the reasons for such denial.

3.    Approval. Upon determination that a site plan is in compliance with the requirements of this Ordinance and other applicable ordinances and laws, the site plan shall be approved.

4.    Approval subject to conditions. The Planning Commission may approve a site plan, subject to one or more conditions necessary to address minor modifications to the site plan, ensure that public services and facilities can accommodate the proposed use, protect significant natural features, ensure compatibility with adjacent land uses, or otherwise meet the intent and purpose of this Ordinance. Such conditions may include the need to obtain variances or approvals from other agencies.

D.    Final Site Plan Review. The planning administrator shall review the final site plan, including items of information required by Section 6.208 for a final site plan and any requested reports and recommendations from City staff, consultants, and other reviewing agencies. The planning administrator shall then make a determination based on the requirements of this Ordinance, the standards of Section 6.205 (Standards for Approval), and the following considerations:

1.    The proposed final site plan is consistent with the approved preliminary site plan in terms of building location and architecture, amount and quality of landscaping, and site details including but not limited to lighting, parking, signs and circulation layout.

2.    All conditions imposed during preliminary plan approval are met.

3.    The engineering requirements applicable at final site plan approval are met.

E.    Single-step sketch or site plan approval. Nothing in this ordinance shall prohibit the Planning Commission from granting sketch plan or final site plan approval without first granting a preliminary site plan approval if the plans are in compliance with the requirements of this Ordinance for a sketch plan or final site plan.

F.    Outside agency permits or approvals. The applicant shall be responsible for obtaining all necessary permits or approvals from applicable outside state and county agencies. All federal, state and local laws and ordinances shall be met and no unresolved negative comments issued by any governmental agency or public utility shall exist prior to the issuance of a certificate of occupancy.

G.    Records Copy of Approved Plans. Two copies of the approved final plan/design, including any required modifications or alterations, shall be maintained as part of the city records for future review and/or enforcement. Each copy shall be signed and dated by the chairman of the Planning Commission for identification of the finally-approved plans, as well as signed and dated by the applicant. If any variances from the zoning ordinance have been obtained from the Zoning Board of Appeals, the minutes concerning the variances duly signed shall also be filed with the city records as a part of the plan/design and delivered to the applicant for his information and direction. The plan/design shall become part of the record of approval, and subsequent actions relating to the activity authorized shall be consistent with the approved site plan, unless a change conforming to this section receives the mutual agreement of the land owner and the Planning Commission.

H.    Appeal. The decision of the Planning Commission may be appealed to the City Council by the applicant. A request for appeal must be made in writing to the planning administrator within ten days from final action taken on the site plan review and appearance standards approval.

In reviewing an application for any type of sketch or site plan, the reviewing authority for the type of review required shall be governed by the following general standards:

A.    Circulation. There is a proper relationship between the existing streets and highways within the vicinity and proposed acceleration and/or deceleration lanes, service drives, entrance and exit driveways, and parking areas to ensure the safety and convenience of pedestrian and vehicular traffic. The Planning Commission may request, at their discretion, that a traffic study be conducted by an independent source and paid for by the developer, and the results submitted to the Planning Commission prior to final site approval.

B.    Buildings. The buildings and structures proposed to be located upon the premises are so situated as to minimize adverse effects upon owners and occupants of adjacent properties.

C.    Natural Features. As many natural features of the landscape shall be retained as possible where they furnish a barrier screen, or buffer between the project and adjoining properties used for dissimilar purposes and where they assist in preserving the general appearance of the neighborhood.

D.    Site Layout and Screening. Any adverse effects of the proposed development and activities emanating therefrom that affect adjoining residents or owners shall be minimized by appropriate screening, fencing, landscaping, setback, and location of buildings, structures, and entryways.

E.    Applications Requiring Site Plan Approval must comply with all current provisions and standards of the zoning ordinance and the subdivision control ordinance, as applicable.

F.    Applications Requiring Sketch Plan Approval.

1.    Proposed improvements that are part of a sketch plan application shall comply with all ordinance requirements.

2.    Existing improvements or features of the site that do not comply with current ordinance standards shall be brought into compliance as nearly as is reasonably possible. The requirement to bring existing improvements into compliance on a site requiring sketch plan approval shall be proportionate and commensurate with the scale of the proposed improvement requiring sketch plan approval. The reviewing authority shall determine what constitutes proportionate and commensurate improvements based on existing conditions on the site and the cost of proposed improvements.

G.    Approval Contingent Upon Variance(s). The Planning Commission may conditionally approve a site plan subject to the granting of any appropriate variance(s) with the understanding that without the variance(s), the site plan is disapproved.

    If the Planning Commission approves a site plan contingent upon approval of one or more variances from specific requirements of this Ordinance, the applicant shall initiate such a request to the Zoning Board of Appeals within 60 days of site plan approval. Zoning Board of Appeals consideration shall be limited to the specific variances identified as conditions of site plan approval by the Planning Commission. This shall not preclude the applicant from seeking a variance or variances from the Zoning Board of Appeals prior to obtaining site plan approval.

A.    Suspension by planning administrator. Property which is the subject of site plan approval must be developed in strict compliance with the approved site plan, inclusive of any amendments, which has received the approval of the Planning Commission. If construction and development does not conform with the approved plan or design appearance, the approval of the site plan or design appearance shall be suspended by the planning administrator by written notice of the revocation being posted upon the premises involved and mailed to the last known address of the owner.

    Upon suspension of this approval, all construction activities shall cease upon the site until the time the violation has been corrected or the Planning Commission has approved a modification in the site plan or design appearance in accordance with Section 6.207.C.

B.    Rescinding Site Plan Approval. Approval of a site plan may be rescinded by the Planning Commission upon determination that the site has not been improved, constructed or maintained in compliance with approved permits, site plans, or conditions of site plan or special exception approval. Such action shall be subject to the following:

1.    Public hearing. Such action may be taken only after a public hearing has been held in accordance with the procedures set forth in Article 6, Chapter 9 of this Ordinance (Public Hearing Procedures), at which time the owner of an interest in land for which site plan approval was sought, or the owner’s designated agent, shall be given an opportunity to present evidence in opposition to rescission.

2.    Determination. Subsequent to the hearing, the decision of the Commission with regard to the rescission shall be made and written notification provided to the property owner or his or her designated agent.

A.    Expiration of site plans.

1.    Preliminary site plans shall expire one year after the date of preliminary approval, unless the final site plan for the project has been submitted to the planning department for review prior to the expiration date.

2.    Final site plans.

a.    Final site plans shall expire one year after the date of final approval, unless building permits have been issued or construction has commenced. The date of final approval is established by the most recent date stamp on the final plans.

b.    If building permits have been issued or construction has commenced, final site plan approval shall continue for a period of five (5) years from the date thereof. If such construction lapses for more than 180 continuous days, said approval shall immediately expire.

3.    Extensions. Upon written request received by the City prior to the expiration date, the Planning Commission may grant up to 2 one-year extensions to any site plan application. The extensions may be granted for either preliminary or final approvals, provided that the approved site plan conforms to current Zoning Ordinance standards.

B.    Resubmission. A site plan that has been denied shall not be resubmitted for a period of 180 days from the date of denial, except on grounds of new evidence or proof of changed conditions found by the Planning Commission to be valid.

C.    Revisions to Approved Site Plans. Minor revisions to an approved site plan may be administratively reviewed by the zoning administrator, provided that such changes do not materially alter the approved site design, intensity of use or demand for public services. Revisions to an approved site plan that are not considered by the planning administrator to be minor shall be reviewed by the Planning Commission as an amended site plan, following the procedures of Section 6.204 and the criteria of Section 6.205.

D.    Performance Guarantee. The reviewing authority and the planning administrator shall have the right and authority to require the developer to file a performance agreement in a form provided by the City at the time of application for a building permit to ensure the development of the site in accordance with the approved site plan/design appearance, conditioned upon the proper construction and development. This agreement shall continue for the duration of the construction and development of the site. If required, the performance guarantee shall comply with the following requirements:

1.    The applicant shall submit a signed and sealed estimate of the required site work by a licensed engineer, surveyor, architect or contractor. The performance guarantee shall be in an amount sufficient to complete the required site work based on the estimated cost of site improvements.

2.    The performance guarantee, subject to acceptance to the City, shall be in the form of cash, certified check, surety bond or irrevocable bank letter of credit. The performance guarantee shall be released upon completion of site work in accordance with the approved site plan, failing which the amount will be forfeit.

The information listed in Table 17 is required for all site plan applications, except where the planning administrator or the Planning Commission determines that certain information is not necessary or applicable to the particular site plan application.

(Ord. No. 2371, 9-24-19; Ord. No. 2413, 6-6-23)

The development and execution of this ordinance is based upon the premise that the city is divided into districts within which the uses of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are special exception uses which, because of their unique characteristics, cannot be properly classified as a principal permitted use in any particular district or districts without considering, in each case, the impact of those uses upon the surrounding neighborhood. These include public and private uses that are of such an unusual nature that their operation may give rise to unique problems that impact upon neighboring property or public facilities.

This Chapter is intended to provide a consistent and uniform method for review of special exception permit applications, ensure full compliance with the standards contained in this Ordinance and other applicable local ordinances and state and federal laws, achieve efficient use of the land, minimize or prevent adverse impacts on neighboring properties and districts, protect natural resources, and facilitate development in accordance with the land use objectives of the Master Plan and any sub-area or corridor plans.

A.    Initiation of Special Exception Permit. Any person having a freehold interest in land, a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest and which is specifically enforceable, may file an application to use the land for one or more of the special exception uses provided for in this section in the zoning district in which the land is located.

B.    Submission of Application. Any application shall be submitted through the planning administrator on a special form for that purpose and shall be accompanied by the payment of the proscribed fee. No part of any fee shall be refundable after planning staff has begun review of the application.

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

1.    Application form filled out in full by the applicant, including a statement of supporting evidence showing compliance with the requirements of Section 6.303.

2.    Site plan or plot plan that complies with the site plan submittal requirements of Section 6.208.

D.    Planning Commission Public Hearing. Prior to making a decision on a special exception permit, the Planning Commission shall hold a public hearing for the purposes of soliciting public input and establishing a record of public comment on the special exception permit application. The public hearing shall be held in compliance with the requirements of the Michigan Zoning Enabling Act, PA 110 of 2006 (as amended), as set forth in Article 6, Chapter 9.

E.    Planning Commission Decision. The Planning Commission may approve, approve with conditions, or deny a special exception permit application. The decision on a special exception permit shall specify the basis for the decision, and any conditions of approval imposed on the application.

1.    Approval. Upon determination that a special exception permit proposal is in compliance with the standards and requirements of this Ordinance and other applicable ordinances and laws, approval shall be granted.

2.    Approval with Conditions. The Planning Commission may impose reasonable conditions with the approval of a special exception permit. Conditions imposed shall further one or more of the following criteria:

a.    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. Such considerations may include, but are not limited to vehicular or pedestrian traffic, compatibility with the Master Plan, potential impact on surrounding land uses, off-site impacts, and aesthetic quality.

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

c.    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.

3.    Denial. A special exception permit application shall be denied upon determination by the Planning Commission that the proposed use or development does not comply with the standards and regulations set forth in this Ordinance, or otherwise will be injurious to the public health, safety, welfare, or orderly development of the City.

F.    Coordination with Site Plan Review.

1.    Two-Step Site Plan Process (preliminary and final). When a two-step site plan review process is used, the Planning Commission shall consider the preliminary site plan and special exception permit simultaneously, and shall act upon the special exception use prior to any action on the preliminary site plan.

2.    One Step Site Plan Process. If the applicant chooses a one-step site plan approval process (see Section 1.101. A), the Planning Commission shall act upon the special exception permit prior to acting upon the final site plan.

G.    Resubmission. A special exception permit application that has been denied shall not be resubmitted for a period of 180 days from the date of denial, except on grounds of new evidence or proof of changed conditions found by the Planning Commission to be valid.

H.    Appeals. The decision of the Planning Commission may be appealed to the City Council by the applicant or any owner of property within 300 feet of the property in question. Request for appeal must be made by written letter to the planning administrator within ten days of the final action taken on the special exception permit by the Planning Commission.

I.    Permit Expiration. A special exception permit issued under this section shall be valid for a period of 365 days from the date of the issuance of said permit. If construction has not commenced and proceeded meaningfully toward completion by the end of this period, the planning administrator shall notify the applicant and Planning Commission in writing of the expiration or revocation of said permit. Upon written request received by the City prior to the expiration date, the Planning Commission may grant one (1) extension of up to 180 days, provided that the approved special exception use conforms to current Zoning Ordinance standards.

J.    Revocation. A special exception permit can be revoked by the Planning Commission under the same procedure as the section used to approve it if it is found that it no longer meets the standards of this ordinance.

K.    Conditions and Guarantees. Prior to the granting of any special exception permit, the Planning Commission shall stipulate the conditions and restrictions upon the establishment, location, construction, maintenance, and operations of the special exception permit as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in this Ordinance. In all cases in which special exception permits are granted, the Planning Commission shall require any evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection with the special exception permit are being, and will be, complied with. Any conditions imposed shall remain unchanged except upon the mutual consent of the Planning Commission and the landowner. Planning staff or the building official shall maintain a record of any granted changes to the conditions.

A.    The request for special exception permit approval must meet the following general standards, as well as any specific requirements for the requested land use in Article 2, Chapter 5. The Planning Commission shall review each application for the purpose of determining that each use on its proposed location will:

1.    Be harmonious with and in accordance with the general principles and objectives of the comprehensive master plan of the City of Pontiac.

2.    Be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity by way of size, character, or location.

3.    Not change the essential character of the area in which it is proposed, and not adversely affect the development or redevelopment of the surrounding neighborhood.

4.    Not be hazardous or disturbing to existing or future uses in the same general vicinity and will be a substantial improvement to property in the immediate vicinity and to the community as a whole.

5.    Be served adequately by essential public facilities and services, such as highways, streets, police, fire protection, drainage structures, refuse disposal water and sewage facilities and schools.

6.    Not involve uses, activities, processes, materials, and equipment or conditions of operation that will be detrimental to any person, property or general welfare as a result of producing excess traffic, noise, smoke, fumes, glare, or odors out of proportion to that normally prevailing in the particular district.

7.    Maintain all proposed structures, equipment, or materials in a readily accessible manner for police and fire protection.

It shall be the responsibility of the owner of the property and the operator of the use for which a special exception permit has been granted to develop, improve, operate and maintain the use, including the site, buildings and all site elements, in accordance with the provisions of this Ordinance and all conditions of special exception permit approval until the use is discontinued. Failure to comply with the provisions of this Section shall be a violation of the use provisions of this Ordinance and shall be subject to the same penalties appropriate for a use violation.

The City may make periodic investigations of developments for which a special exception permit has been approved. Noncompliance with Ordinance requirements or conditions of approval shall constitute grounds for the Planning Commission to rescind special exception permit approval.

A.    Powers and Duties. The Zoning Board of Appeals shall have the power and it shall be its duty to:

1.    Generally. Hear and decide on all matters referred to it by the provisions of this Ordinance.

2.    Appeals of Administrative Decision. Hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by the building, planning, or public services department in the enforcement of this ordinance. See Section 6.405 for additional considerations.

3.    Interpretation. Interpret the text of this Ordinance and all matters relating thereto whenever a question arises in the administration of this ordinance as to the meaning and intent of any provision or part of this ordinance. Any interpretations shall be in a manner as to carry out the intent and purpose of this ordinance and zoning map, and commonly accepted rules of construction for ordinances and laws in general. See Section 6.406 for additional considerations.

4.    Variances. Where there are practical difficulties or unnecessary hardships, within the meaning of state law and this ordinance, in the way of carrying out the strict letter of this ordinance, the Zoning Board of Appeals shall have the power upon appeal in specific cases to authorize such variation or modification of the provisions of this ordinance so that the spirit of this ordinance shall be observed, public safety and welfare secured and substantial justice done. See Section 6.407 and Section 6.408 for additional considerations.

B.    Review Considerations. In consideration of all appeals and all proposed variances to this ordinance the Zoning Board of Appeals shall, before granting any variance to this ordinance in a specific case, first determine that the proposed variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets or increase the danger of fire or endanger the public safety or unreasonably diminish or impair established property values within the surrounding area or in any other respect impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City.

C.    Majority Vote Required. Except for use variances, the concurring vote of a majority of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, or decision, or to decide in favor of the applicant on any matter upon which it is authorized by this ordinance to render a decision.

D.    Limitations of Authority.

1.    Nothing contained in this section shall be construed to give or grant to the Zoning Board of Appeals the power or authority to alter or change this ordinance or the zoning map or to rezone, such power and authority being reserved to the City Council.

2.    Nothing in this section shall be construed to authorize the Zoning Board of Appeals to hear, review or decide any appeal from a decision of the City Council or Planning Commission to approve, approve with conditions, or deny a site plan or special exception use.

E.    Conditions. In authorizing a variance or taking any other action within its jurisdiction, the Zoning Board of Appeals may attach such conditions as may be deemed necessary in the furtherance of the purposes of this ordinance, provided any conditions are in compliance with the standards for imposing conditions as contained in the Michigan Zoning Enabling Act, PA 110 of 2006 (as amended).

In exercising the powers described in Section 6.401, the Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may take such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the administrative official from whom the appeal is taken.

The Zoning Board of Appeals shall make no recommendation except in a specific case and after a hearing conducted by such board. Notice such hearing shall be provided in the manner established in the Michigan Zoning Enabling Act, PA 110 of 2006 (as amended). Refer to Article 6, Chapter 9 for a summary of the noticing requirements and procedures set forth in the Michigan Zoning Enabling Act.

A.    Expiration of Approval.

1.    No order of the zoning board of appeals permitting the erection or alteration of a building shall be valid for a period longer than 6 months unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of the permit.

2.    No order of the zoning board of appeals permitting a use of a building or premises shall be valid for a period longer than 6 months unless such use is established within such period; however, where such use permitted is dependent upon the erection or alternation of a building, such order shall continue in force and effect if a building permit for the erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

B.    Resubmittal. No request or appeal which the Zoning Board of Appeals has denied wholly or in part may be resubmitted to or reheard by the Zoning Board of Appeals for a period of 6 months, unless, as determined by Staff, one or more of the following conditions has been met:

1.    There is a substantial change in circumstances relevant to the issues or facts considered during review of the application that might reasonably affect the Zoning Board of Appeals’ application of the relevant review standards to the request or appeal.

2.    New or additional information is available that was not available at the time of the original review that might reasonably affect the Zoning Board of Appeals’ application of the relevant review standards to the request or appeal.

3.    The new request or appeal is materially different from the prior request or appeal.

C.    Appeal. The decision of the zoning board of appeals shall be final. A party aggrieved by the decision may appeal to the Circuit Court for Oakland County, as provided in Public Act No. 110 of 2006. An appeal to the Circuit Court for Oakland County shall be filed within 30 days after the board certifies its decision in writing or approves the minutes of its decision. The court shall have jurisdiction to make such further orders as justice may require. An appeal may be had from the decision of any circuit court to the court of appeals.

A.    Authority. An appeal may be taken to the zoning board of appeals by any person, business or corporation or by an officer, department, board or bureau affected by a decision of an administrative officer. Such appeal shall be taken within such time as shall be prescribed by the zoning board of appeals by general rule, by filing with the planning administrator and with the zoning board of appeals a notice of appeal, specifying the grounds of the appeal. The planning administrator shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken.

    In exercising the powers granted in this chapter, the zoning board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the administrative official from whom the appeal is taken.

B.    Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the planning administrator certifies to the zoning board of appeals that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the zoning board of appeals or by a court of record on application, on notice to the planning administrator and on due course shown.

C.    Public Hearing. The board shall select a reasonable time and place for the hearing of the appeal and shall give due notice in accordance with the public hearing requirements of the Michigan Zoning Enabling Act, PA 110 of 2006 (as amended) as summarized in Article 6, Chapter 9 and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney.

D.    Fee. The City Council shall, from time to time, determine by resolution a fee which shall be paid to the secretary of the zoning board of appeals at the time notice of appeals is filed, which the secretary shall forthwith pay over to the City to the credit of the general fund of the City.

E.    Required Findings. The Zoning Board of Appeals may reverse an administrative action only if it finds that the order, requirement, decision or determination was arbitrary or capricious, based upon an erroneous finding of a material fact, constituted an abuse of discretion, or based upon an erroneous interpretation of the Zoning Ordinance.

The Zoning Board of Appeals shall have the power to hear and decide requests for interpretations of Zoning Ordinance provisions in such a way as to preserve and promote the character of the zoning district in question, and carry out the intents and purposes of the Zoning Ordinance and Master Plan.

A.    Authority. The Zoning Board of Appeals may grant a dimensional (nonuse) variance to provide relief from a specific standard in this Ordinance relating to an area, a dimension or a construction requirement or limitation, upon the concurring vote of a majority of the members of the Zoning Board of Appeals.

B.    Practical Difficulty. A nonuse variance shall not be granted unless the Zoning Board of Appeals finds that there is a practical difficulty in the way of carrying out the strict letter of this ordinance. In determining whether a practical difficulty exists, the Zoning Board of Appeals must find that:

1.    Compliance with the strict letter of the restrictions governing area, setback, frontage, height, bulk, lot coverage, density or other dimensional or construction standards will unreasonably prevent the owner from using the property for a permitted purpose or will render conformity with such restrictions unnecessarily burdensome.

2.    A grant of the variance will do substantial justice to the applicant as well as to other property owners in the district, and a lesser variance will not give substantial relief to the applicant as well as be more consistent with justice to other property owners in the zoning district.

3.    The plight of the applicant is due to the unique circumstances of the property.

4.    The problem is not self-created.

5.    The spirit of this ordinance will be observed, public safety and welfare secured, and substantial justice done.

6.    There is compliance with the standards set forth in Section 6.401.B.

7.    There is compliance with the standards for discretionary decisions as contained in Section 6.303.

A.    Authority. The Zoning Board of Appeals may grant a use variance to authorize a land use which is not otherwise permitted by this ordinance in the district where the property is located, upon the concurring vote of two-thirds (2/3) of the members of the Zoning Board of Appeals.

B.    Remedies Exhausted. An application for a use variance shall not be submitted or considered unless the applicant has first received a written determination from the planning department that the proposed land use is not permitted under this ordinance in the district where the property is located.

C.    Unnecessary Hardship. A use variance shall not be granted unless the Zoning Board of Appeals finds, on the basis of substantial evidence presented by the applicant, that there is an unnecessary hardship in the way of carrying out the strict letter of this ordinance. In determining that an unnecessary hardship exists, the Zoning Board of Appeals must find that:

1.    The property in question cannot be reasonably used or cannot yield a reasonable return on a prudent investment if the property would be used only for a purpose allowed in the zoning district.

2.    The plight is due to unique circumstances peculiar to the property and not to general neighborhood conditions.

3.    The use to be authorized by the variance will not alter the essential character of the area and locality.

4.    The problem is not self-created.

5.    The spirit of this ordinance will be observed, public safety and welfare secured, and substantial justice done.

6.    There is compliance with the standards set forth in Section 6.401.B.

7.    There is compliance with any applicable standards for discretionary decisions as contained in Section 6.303.

It is the intent of this ordinance to recognize that the eventual elimination, as expeditiously as is reasonable, of existing uses or structures that are not in conformity with the provision of this ordinance is as much a subject of health, safety, and welfare as is the provisions of this ordinance. It is also the intent of this ordinance that any elimination of nonconforming uses or nonconforming structures shall be effected so as to avoid any unreasonable invasion of established private property rights.

A type “A” nonconformity is a use, lawfully existing at the time of enactment of this ordinance or an amendment thereto, that does not conform to the provisions of this ordinance and that is located in a building that, because of its design, bulk, arrangement or other features, cannot be readily remodeled or adopted to serve a use that does conform to the provisions of this ordinance for the district in which such building is located.

Any type “A” nonconformity existing at the time of enactment or amendment of this ordinance may be maintained in good condition and continued, but may not be:

A.    Changed to a different nonconforming use, unless such different use is found by the board of appeals to be no more detrimental to the district than the previous use.

B.    Re-established after discontinuance for 12 months.

C.    Extended or enlarged.

D.    Rebuilt or repaired, after damage, if the expense of reconstruction of the building or structure exceeds 50 percent of the insurable value of the building or structure at the time such damage occurred.

A type “B” nonconformity is a use, lawfully existing at the time of enactment of this ordinance or an amendment thereto, that does not conform to the provisions of this ordinance and that is located in a building that can be readily adopted to serve a use that does conform to the provisions of this ordinance, or a use similarly lawful located on open land.

Any type “B” nonconformity existing at the time of enactment or amendment of this ordinance may be maintained in good condition and continued, but may not be:

A.    Changed to a different nonconforming use.

B.    Re-established after discontinuance for three months.

C.    Extended or enlarged.

D.    Rebuilt or repaired, after damage, except for occupancy by a conforming use, if the expense of reconstruction of the building or structure exceeds 50 percent of the insurable value of the building or structure at the time such damage occurred.

A type “C” nonconformity is a building or structure, lawfully existing at the time of enactment of this ordinance or an amendment thereto, that does not conform to a dimensional requirement of this Ordinance.

Any type “C” nonconformity existing at the time of enactment or amendment of this ordinance may be continued, but may not be altered, extended or enlarged, unless such alteration, extension, or enlargement conforms, in the opinion of the board of appeals, as nearly as is reasonable to the provisions of this ordinance.

Alterations that do not change the degree of nonconformance in reference to area, height, bulk and placement regulations or any supplementary regulation pertaining to the district in which the nonconforming use is located, such as minor repairs and maintenance work, do not under this paragraph require board of appeals approval.

The building official shall maintain a complete record of all cases of type “A” and type “B” nonconformities. Such record shall contain the names and addresses of the owners and of any occupant thereof other than the owner, together with the legal description of the premises, and the classification of nonconformance in accordance with the definitions, and the basis for such classification.

After such a record is prepared and similarly after each subsequent annual review of such record, owners of such premises shall be informed by the building official by certified mail of the recordation of the premises as being in nonconformity with this ordinance and the provisions thereof for such nonconformity.

The board of appeals shall decide on appeals pertaining to whether or not the type of nonconformity above recorded actually exists.

A.    Except as provided in Subsection C, below, where the owner of a lot of record does not own and cannot reasonably acquire sufficient abutting land to enable him to conform to the open space and other requirements herein prescribed, such lot may be used by such owner as a building site provided the open space and other provisions conform as closely as possible in the opinion of the board of appeals to the requirements for the district in which it is located.

B.    Except as provided in Subsection C, below, where two or more abutting lots of record are held in one ownership, either in fee simple and/or under a vendee’s land contract interest, or subsequently come to be held in one ownership, they shall be considered the same as a single lot of record for the purpose of this ordinance, and the provisions of this ordinance shall not thereafter be circumvented or avoided by the willful sale or conveyance of a part or portion of any parcel or parcels, except as in Subsection C, below.

C.    For the purpose of erecting a single-family detached dwelling within the R-1 One-Family Dwelling District and R-2 Two-Family and Terrace Dwelling Districts, a previously platted (or otherwise legally created) nonconforming lot, including those which are contiguous with one or more other lots under the same ownership, shall be considered conforming with respect to the applicable minimum required lot width and lot area requirements of this ordinance if the proposed development or said lot would conform to all other applicable requirements and standards, including but not limited to: building appearance and placement, minimum floor area and height, etc., and if the following circumstance applies:

1.    Neither the current owner nor prospective purchaser of the lot in question owns the adjacent property(s), and the lot in question is at least 40 feet wide and provides a lot area of no less than 4,800 sq. ft.

    If the above circumstance does not apply, such lot(s) shall not be developed, divided, utilized or sold in a manner that diminishes compliance with the lot and/or area requirements of this ordinance.

D.    Any variance request to the Zoning Board of Appeals for any provisions of this section shall include a survey, floor plan and building elevations that clearly indicate conformance or non-conformance with all Ordinance requirements including, but not limited to appearance, placement, minimum floor area, maximum accessory building size and height.

E.    In addition, the Zoning Board of Appeals, on hearing any appeals and/or variance requests from this Section, shall consider the following in their decision:

1.    The width, size and general character of the existing lots and single-family dwellings in the neighborhood and/or area.

2.    The width and shape of the lot leaves adequate buildable area to allow the construction of a dwelling that is in harmony with the character of the neighborhood and/or area.

3.    The extent to which other developed lots in the neighborhood and/or area have maintained required yards, lot area and width.

(Ord. No. 2430, 1-3-24)

The reviewing authority for an application may grant a modification to certain dimensional and design requirements of this Ordinance as specifically identified throughout this Ordinance. The modification process is applicable only to certain development standards that regulate aesthetic qualities of development, and is permitted based on the recognition that aesthetic regulation must necessarily establish rules and standards that may, from time to time, be altered without negatively impacting the overall aesthetic quality of development in the City.

The modification process is intended as a way to provide design flexibility, and is not intended as a way to reduce or lessen the quality and aesthetic interest of development in the City.

Modifications are separate and distinct from dimensional variances in that they are limited in their bounds and are intended to permit reasonable use of property where the strict application of design and aesthetic standards would not further the public purpose, and where a relaxed or alternate standard will still meet the intent and purpose of this Ordinance.

Whenever a standard may be altered through the modification process, specific bounds within which the standard may be altered are listed. If an alteration to a design or aesthetic standard is requested that is greater than the identified bounds, the applicant must apply for a variance following the procedures and review standards in Article 6, Chapter 4.

The applicant shall clearly identify all requested modifications on the application and site plan. The reviewing authority shall evaluate the requested modifications and approve, approve with conditions, or deny the modification request. In evaluating a modification request, the reviewing authority shall take into account the following considerations:

A.    Approval of the modification will not result in development that is incompatible with, or will negatively impact existing or potential future development in the vicinity of the subject property.

B.    The requested modification is consistent with the intent and purpose of this Ordinance.

C.    The modification will result in a superior development when compared with what could be achieved through a strict application of the design and aesthetic requirements of this Ordinance.

D.    A lesser modification will not accomplish the same purpose as the requested modification.

A.    Permit Required for Construction. It shall be unlawful to commence the excavation for or the construction of any building or other structure, including an accessory building, or to commence the moving, alteration or repair of any structure including accessory building costing more than $200.00, until the building official has issued for such work a zoning compliance permit including a certification of his opinion that plans, specifications and intended use of such structure do in all respects conform to the provisions of this ordinance.

B.    Permit Required for Change of Occupancy. It shall be unlawful to change the type of occupancy of land, or to change the type of occupancy of any building, or to extend any occupancy on any lot on which there is a nonconforming use, until the building official has issued for such intended use a zoning compliance permit, including a certification of his determination that the proposed occupancy does in all respects conform to the provisions of this ordinance.

C.    Application. All zoning compliance permit applications shall be made in writing to the building official on forms provided for that purpose. A record of all such applications shall be kept on file by the building official.

1.    When In Conjunction With Building Permit. In all cases where a building permit is required, application for a zoning compliance permit shall be required, and application for a zoning compliance permit shall be made coincident with the application for a building permit.

2.    When Not In Conjunction With Building Permit. In all other cases, a zoning compliance permit application shall be made not less than ten days prior to the time when a new or enlarged occupancy of a building or premises or part thereof is intended to begin.

D.    Period of Approval. Any zoning compliance permit issued under the provisions of this ordinance shall be valid only for a period of six months following the date of issuance thereof.

E.    Cases Requiring Planning Commission Action. When application is made for a zoning compliance permit which requires a special exception permit or other planning commission approval, the application shall be mandatorily referred to the planning commission by this ordinance. The administrative official shall inform the applicant and shall transmit the application along with all papers constituting the record to the planning commission. Following a planning commission decision of approval, the building official shall issue a zoning compliance permit that is subject to and limited by all of the conditions of approval imposed by the planning commission.

F.    Cases Requiring Board of Appeals Action. When the building official receives an application for a zoning compliance permit which requires resolution by the board of appeals in accordance with the provisions of this ordinance, he shall so inform the applicant and shall transmit such application along with all the paper constituting the record to such board of appeals: and subsequently on receipt from the board of appeals of their findings the building official shall issue a zoning compliance permit that is subject to and limited by all of the conditions imposed in the said opinion of the board of appeals.

A.    Fee Required. Before any permit shall be issued covering building erection, site plan review or other operations, procedures, or actions regulated by the zoning ordinance, a fee in an amount fixed by resolution of the city council shall be paid. Fees shall be in an amount sufficient to cover the City’s administrative and review costs for all applications, including the cost of public hearing notices.

B.    Sec. 12.4.1 Site Plan Surety Bond. Before any temporary certificate of occupancy shall be issued under the terms of this Ordinance, a surety or cash bond or letter of credit shall be submitted to and approved by the city. The bond shall be in an amount determined to be sufficient to complete the site improvements on the approved site plan. The amount, type and form of the bond shall be determined by the building and safety engineering division and shall be approved by the city attorney to assure the agreement of the applicant that any construction on the site will be in accordance with the site plan as approved, including any requirements or conditions attached thereto by the city.

    All site work shall be completed within nine months of issuance of a temporary certificated of occupancy. Failure to complete site work within the specified time will result in forfeiture of the applicant’s bond, but shall not relieve the applicant form the obligation to complete the site work pursuant to the approved site plan.

    The city shall be authorized to enter the premises and use the bond proceeds (in the case of a cash bond) to complete the site work after forfeiture of the bond. The owner/applicant shall be responsible for repayment of any excess cost incurred by the city for the site work.

No building or structure or use for which a zoning compliance permit has been issued shall be occupied until the building official has, after final inspection, issued a certificate of occupancy indicating his opinion that all the provisions of this ordinance are being complied with. The issuance of a certificate of occupancy shall in no case be construed as waiving any provisions of this ordinance.

A temporary certificate of occupancy may be issued for a period not exceeding 9 months pursuant to a surety bond being posted for incomplete site improvements in accordance with Section 6.702.B.

Whenever by the provisions of this ordinance the performance of any act is required, or the performance of any act is prohibited, or wherever any 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 occupancy of structure or the uses within such structure, a failure to comply with such provisions of this ordinance. Every day on which a violation exists shall constitute a separate violation and a separate offense.

Any applicant that receives an approved site plan from the Planning Division or Planning Commission and fails to strictly adhere to all the requirements of the approved Site Plan is responsible for a municipal civil infraction as defined at Section 86-500 et. seq. of the Municipal Code of Pontiac. This does not limit any other remedy the City may otherwise have at law or equity.

For each and every day the violation continues beyond the permissible grace period, a separate municipal civil infraction offense shall be declared. Any person, firm, corporation, or legal entity violating any provision of this ordinance shall be adjudged responsible for a municipal civil infraction, as set forth below:

A.    The words "municipal civil infraction" mean an act or omission that is prohibited by this ordinance, but which is not a crime under this ordinance or other ordinances, and for which civil sanctions, including without limitation fines, damages, expenses and costs, may be ordered, as authorized by Chapter 87 of Act No. 236 of the Public Acts of 1961 (MCL 600.8701 et seq.), as amended. A municipal civil infraction is not a lesser included offense of a violation of this ordinance that is a criminal offense.

B.    The sanction for a municipal civil infraction violation shall be a civil fine in the amount as provided by this ordinance, plus costs, damages, expenses, equitable relief and other sanctions, as authorized under Chapter 87 of Act No. 236 of the Public Acts of 1961 (MCL 600.8701 et seq.), as amended, and other applicable law.

1.    Unless otherwise specifically provided for in this ordinance, the civil fine for a municipal civil infraction violation shall not be less than $100.00, plus costs and other sanctions.

2.    Increased civil fines may be imposed for repeated violations by a person, firm, corporation, or legal entity of any requirement or provision of this ordinance. As used in this section, the term "repeat offense" means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision:

a.    Committed by a person within a six-month period (unless some other period is specifically provided by ordinance); and b. For which the person admits responsibility or is determined to be responsible.

3.    Unless otherwise specifically provided by this ordinance for a particular municipal civil infraction violation, the increased fine for a repeat offense shall be as follows:

a.    The fine for any offense which is a first repeat offense shall be not less than $250.00, plus costs and other sanction.

b.    The fines for any offense which is a second repeat offense or any subsequent repeat offense shall not be less than $500.00, plus costs and other sanctions.

C.    The person who shall receive the municipal civil infraction by the building official shall be the owner, tenant, firm, corporation, or legal entity violating any provision of this ordinance.

D.    A "violation" includes any act which is prohibited or made or declared to be unlawful or an offense by this ordinance, including any omission or failure to act where the act is required by this ordinance.

E.    In addition to any remedy available at law, the city may bring an action for an injunction or other process against a person to restrain, prevent, or abate any violation of this ordinance.

F.    The building official shall have the authority to issue municipal civil infraction tickets pursuant to this ordinance, after an investigation and authorization by the city attorney, pursuant to MCL 600.8707(2).

Any building or structure which is erected, altered, or converted, or any use of premises or land which is begun or changes subsequent to the time of passage of this section and in violation of any of the provisions thereof, is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.

The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.

The City Council may, from time to time, on recommendation from the City Planning Commission or on its own motion or on petition, amend, supplement, modify or change this ordinance in accordance with the authority of Public Act No. 110 of 2006 (as amended).

The amendment, be it a text or a map amendment, and application materials shall be prepared in accordance with the provisions of this Section, and shall be reviewed in accordance with the following procedure. Amendments or application materials that do not meet the stipulated requirements shall be considered incomplete and shall not be eligible for consideration by the Planning Commission:

A.    Technical Review. Prior to Planning Commission consideration, the proposed amendment and application materials shall be distributed to appropriate City officials and staff for review and comment. The proposed amendment and application materials may also be distributed to applicable outside agencies and designated City consultants for review.

B.    Public Hearing. A public hearing shall be held for all proposed amendments in accordance with the procedures set forth in the Michigan Zoning Enabling Act, PA 110 of 2006 (as amended) as summarized in Article 6, Chapter 90, Public Hearing Procedures.

C.    Planning Commission Recommendation. Subsequent to the hearing, the Planning Commission shall review the proposed amendment, together with any reports and recommendations from staff, consultants, other reviewing agencies and any public comments. The Planning Commission shall identify and evaluate all factors relevant to the petition, including the appropriate criteria listed in this chapter and shall report its findings and recommendation to the City Council.

D.    City Council Decision. Upon receipt of the report and recommendation from the Planning Commission, the City Council may approve or deny the proposed amendment. If determined to be necessary, the City Council may refer the amendment back to the Planning Commission for further consideration. In the case of an amendment to the official Zoning Map, the City Council shall approve or deny the amendment, based upon its consideration of the criteria contained herein this Section.

All applications for amendments to this ordinance, without limiting the right to file additional material, shall contain at least the following:

A.    The petitioner’s name, address and interest in the petition, as well as the name, address and interest of every person having a legal or an equitable interest in the land covered by the petition.

B.    The nature and effect of the proposed amendment.

C.    If the proposed amendment would require a change in the zoning map, a fully dimensioned map showing:

1.    The land which would be affected by the proposed amendment;

2.    A legal description of such land;

3.    The present zoning classification of the land;

4.    The zoning classification of all abutting districts; and,

5.    All public and private rights-of-way and easements bounding and intersection the land under consideration.

D.    If the proposed amendment would require a change in the zoning map, the names and addresses of the owners of all land within the area to be changed by the proposed amendment.

E.    The alleged error in this ordinance, if any, which would be corrected by the proposed amendment together with a detailed explanation of such error in the ordinance, which is alleged, and detailed reasons as to how the proposed amendment will correct the same.

F.    The changed or changing conditions, if any, in the area or in the municipality generally, which make the proposed amendment reasonably necessary.

G.    All other circumstances, factors and reasons which applicant offers in support of the proposed amendment.

In considering any petition for an amendment to the official zoning map, including the designation of street type (A, B, and C) and designation of small front setback lots, the Planning Commission and City Council shall consider any of the following criteria that apply to the application in making findings, recommendations, and a decision. The Planning Commission and City Council may also take into account other factors or considerations that are applicable to the application but are not listed below.

A.    Consistency with the goals, policies and objectives of the Master Plan and any sub-area plans. If conditions have changed since the Master Plan was adopted, consistency with recent development trends in the area shall be considered.

B.    Compatibility of the site’s physical, geological, hydrological and other environmental features with the uses permitted in the proposed zoning district.

C.    Evidence the applicant cannot receive a reasonable return on investment through developing the property with one (1) or more of the uses permitted under the current zoning.

D.    Compatibility of all the potential uses allowed in the proposed zoning district with surrounding uses and zoning in terms of land suitability, impacts on the environment, density, nature of use, traffic impacts, aesthetics, infrastructure and potential influence on property values.

E.    The capacity of the City’s utilities and services sufficient to accommodate the uses permitted in the requested district without compromising the health, safety and welfare of the City.

F.    The capability of the street system to safely and efficiently accommodate the expected traffic generated by uses permitted in the requested zoning district.

G.    The boundaries of the requested rezoning district are reasonable in relationship to surroundings and construction on the site will be able to meet the dimensional regulations for the requested zoning district.

H.    If a rezoning is appropriate, the requested zoning district is considered to be more appropriate from the City’s perspective than another zoning district.

I.    If the request is for a specific use, rezoning the land is considered to be more appropriate than amending the list of permitted or special land uses in the current zoning district to allow the use.

J.    The requested rezoning will not create an isolated or incompatible zone in the neighborhood.

Whenever an application for an amendment to this Ordinance has been denied by the City Council, a new application for the same amendment shall not be accepted by the Planning Commission for consideration for a period of 180 days, unless the Planning Commission determines that one or more of the following conditions has been met:

A.    There is a substantial change in circumstances relevant to the issues or facts considered during review of the application that might reasonably affect the decision-making body’s application of the relevant review standards to the development proposed in the application.

B.    New or additional information is available that was not available at the time of the review that might reasonably affect the decision-making body’s application of the relevant review standards to the development proposed.

C.    The new application is materially different from the prior application.

An amendment under this Chapter is subject to a protest petition in accordance with Section 403 of the Michigan Zoning Enabling Act, PA 110 of 2006 (as amended), summarized as follows:

A.    Petition Submittal Requirements. The protest petition shall be presented to the city clerk and forwarded to the city council before final legislative action on the amendment, and shall be signed by one or more of the following:

1.    The owners of at least 20% of the area of land included in the proposed change. Publicly owned land shall be excluded in calculating the 20% land area.

2.    The owners of at least 20% of the area of land included within an area extending outward 100 feet from any point on the boundary of the land included in the proposed change. Publicly owned land shall be excluded in calculating the 20% land area.

B.    Vote. If a protest petition is filed, approval of the amendment to this Ordinance shall require a 2/3 vote of the City Council.

Pursuant to MCL 125.3405, the City Council, following a public hearing and recommendation by the Planning Commission, may approve a petition for a rezoning with conditions requested by a property owner. The standards of this section shall grant a property owner the option of proposing conditions for the development and use of property in conjunction with an application for rezoning. Such conditions may be proposed at the time the application for rezoning is filed, or at a subsequent point in the process of review of the proposed rezoning.

A.    Conditional Rezoning Agreement. The conditions attached to the rezoning shall be set forth by submitting a conditional rezoning agreement listing the proposed conditions. A conditional rezoning agreement shall contain the following information:

1.    A statement acknowledging that the rezoning with conditions was proposed by the applicant to induce the City to grant the rezoning, and that the City relied upon such proposal and would not have granted the rezoning but for the terms spelled out in the conditional rezoning agreement; and, further agreement and acknowledgment that the conditions and conditional rezoning agreement are authorized by all applicable state and federal law and constitution, and that the Agreement is valid and was entered into on a voluntary basis, and represents a permissible exercise of authority by the City.

2.    Agreement and understanding that the property in question shall not be developed or used in a manner inconsistent with the conditional rezoning agreement.

3.    Agreement and understanding that the approval and conditional rezoning agreement shall be binding upon and inure to the benefit of the property owner and City, and their respective heirs, successors, assigns, and transferees.

4.    The date upon which the rezoning with conditions becomes void, as specified in Section C, below. If an extension of approval is granted by the City Council, a new conditional rezoning agreement with the new expiration date shall be recorded.

5.    Agreement and understanding that, if a rezoning with conditions becomes void in the manner provided in Section C, below, no development shall be undertaken or permits for development issued until a new zoning district classification of the property has been established.

6.    Agreement and understanding that each of the requirements and conditions in the conditional rezoning agreement represents a necessary and reasonable measure which, when considered with all other conditions and requirements, is roughly proportional to the increased impact created by the use represented in the approved rezoning with conditions, taking into consideration the changed zoning district classification and the specific use authorization granted.

7.    A legal description of the property affected by the rezoning with conditions.

8.    Development regulations affected by the conditions of rezoning, including but not limited to density, setbacks, height, site coverage, signs, parking, architecture, lighting, landscaping etc.

9.    Revocation of approval provisions returning the property to its original zoning designation if the developer violates the terms of the agreement.

10.    A conditional rezoning agreement may contain a conditional rezoning plan as an attachment, with such detail and inclusions proposed by the applicant and approved by the City Council in accordance with this Section, following recommendation by the Planning Commission. Inclusion of a conditional rezoning plan as an attachment to a conditional rezoning agreement shall not replace the requirement for preliminary and final Site Plan, subdivision, condominium, or special land use review and approval, as the case may be.

B.    Amendment. A proposed amendment to a conditional rezoning agreement shall be reviewed and approved in the same manner as a new rezoning with conditions.

C.    Period of Approval. Unless extended by the City Council for good cause, the rezoning with conditions shall expire following a period of two (2) years from the effective date of the rezoning unless bona fide development of the property pursuant to approved building and other permits required by the City commences within the two (2) year period and proceeds diligently and in good faith as required by ordinance to completion.

1.    Expiration. In the event bona fide development has not commenced within two (2) years from the effective date of the rezoning, the rezoning with conditions and the conditional rezoning agreement shall be void and of no effect. The landowner may apply for a one (1) year extension one (1) time. The request must be submitted to the City Clerk before the two (2) year time limit expires. The landowner must show good cause as to why the extension should be granted.

2.    Effect of Expiration. If the rezoning with conditions becomes void in the manner provided in this section, either or both of the following actions may be taken:

a.    The property owner may seek a new rezoning of the property; and/or

b.    Pursuant to MCL 125.3405, the land shall revert to its former zoning classification following the process for approval of a rezoning with conditions.

D.    Zoning Map. If approved, the zoning district classification of the rezoned property shall consist of the district to which the property has been rezoned accompanied by a reference to “CR Conditional Rezoning.” The Zoning map shall specify the new zoning district plus a reference to CR. By way of example, the zoning classification of the property may be “C-2 Downtown Mixed Use District with CR Conditional Rezoning,” with a Zoning Map designation of “C-1 CR.”

E.    Review and Approval Process. An application for a rezoning with conditions shall be reviewed following the same process and procedures applicable to a rezoning set forth in Section 6.802, with the exception that the conditional rezoning agreement shall be executed between the applicant and the City Council at the time of City Council approval of a rezoning with conditions.

F.    Recordation of a Conditional Rezoning Agreement. A rezoning with conditions shall become effective following publication in the manner provided by law, and after the conditional rezoning agreement is recorded with the County Register of Deeds.

G.    Violation of Conditional Rezoning Agreement. If development and/or actions are undertaken on or with respect to the property in violation of the conditional rezoning agreement, such development and/or actions shall constitute a nuisance per se. In such case, the City may issue a stop work order relative to the property and seek any other lawful remedies. Until curative action is taken to bring the property into compliance with the conditional rezoning agreement, the City may withhold, or, following notice and an opportunity to be heard, revoke permits and certificates in addition to or in lieu of such other lawful action to achieve compliance.

The body charged with conducting a public hearing required by this Ordinance shall, upon receipt of a completed application, select a reasonable time and place for such hearing. Such hearings shall be subject to the procedures set forth in the Michigan Zoning Enabling Act, PA 110 of 2006 (as amended), MCL 125.3103.

The public hearing procedures of PA 110 in effect at the date of adoption are summarized as follows. Any further amendments to PA 110 that alter the public hearing procedure requirements following the date of adoption of this Zoning Ordinance will supersede the following procedures.

The following procedures are applicable to all public hearings except zoning ordinance text and map amendments, which are described in Section 6.903, below.

A.    Publication in a Newspaper of General Circulation. Notice of the request shall be published in a newspaper of general circulation not less than 15 days before the date the application will be considered for approval.

B.    Personal and Mailed Notice.

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

2.    Notice shall be sent to all persons to whom real property is assessed within 500 feet of the property, regardless of municipal jurisdiction.

3.    Notice shall be given to the occupants of all structures within 500 feet of the property regardless of municipal jurisdiction. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area leased by different persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four 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(s) to the structure.

4.    All notice delivered by mail or personal delivery must be given not less than 15 days before the date of the public hearing. Notice shall be deemed given when personally delivered or when deposited during normal business hours for delivery with the U.S. Postal Service or other public or private delivery service. If the name of the occupant is not known, the term “occupant” may be used for the intended recipient of the notice.

5.    The City shall prepare a list of property owners and occupants to whom notice was mailed.

C.    Content. Any notice published in a newspaper or delivered by mail shall:

1.    Describe the nature of the request.

2.    Indicate the property that is the subject of the request.

3.    Include a listing of all existing street addresses within the property. If no such addresses exist, other means of identifying the property may be used.

4.    When and where the public hearing will occur.

5.    When and where written comments may be submitted concerning the request.

D.    Posting of Signs for Zoning Map Amendments, Special Exceptions, or Right-of-Way Vacations. An applicant requesting a zoning map amendment, special exception, or right-of way vacation shall construct and install a sign indicating the requested change. The signage is required to ensure adequate public notice. All signage must meet the following requirements:

1.    The sign(s) shall be installed no less than 15 days prior to public hearing at the Planning Commission meeting.

2.    All signs related to zoning map amendments and special exception applications must abide by the following requirements:

a.    All signs must be uniform and follow the template provided in the application for zoning map amendment and/or special exception. All signs must comply with the following sign specifications:

i.    Block style black lettering on a yellow background.

ii.    Signs shall be a minimum four feet vertical by six feet horizontal.

iii.    Sign face must be reinforced plastic, exterior plywood, aluminum, or similar material.

b.    Required signs in all districts except the C-2 Downtown District must abide by the following requirements:

i.    The sign(s) shall be installed on the parcel(s) requested for the land use change.

ii.    The sign(s) shall not be placed within the public right-of-way nor shall the sign(s) obstruct clear vision for motorists per the Clear Vision Ordinance.

iii.    In the event the parcel fronts on more than one roadway, signage shall be required for all adjoining public roadways.

c.    Required signs in the C-2 Downtown District must abide by the following requirements:

i.    Applicants shall either affix signs to interior windows or shall post signage on the parcel which is the subject of the property.

ii.    Window signs shall abide by the following requirements:

(A)    Signage shall be affixed to the ground-floor interior window(s).

(B)    Window(s) shall be clear glass and no encumbrances to viewing the sign(s) or the sign(s) shall be surely attached to a building wall.

(C)    Paper sign(s) may be approved at the discretion of staff on a case-by-case basis.

iii.    Exterior signs shall abide by the following requirements:

(A)    Sign(s) must be located a minimum of three feet from ground level and have no encumbrances that block the signage and be able to withstand lateral winds of 14 pounds per square foot.

(B)    Sign support system must be structurally sound.

(C)    Posts, if required, shall be set in the ground at least 24 inches below the surface.

(D)    The bottom of the sign(s) shall be no less than three feet above the ground level.

3.    All signage for right-of-way or alleyway vacations must abide by the following requirements:

a.    Signs must be uniform and follow the template provided in application for right-of-way vacation.

b.    Signs shall be placed perpendicular to the adjoining roadway either in the right-of-way or on adjacent property and be clearly visible.

c.    If the applicant of the right-of-way vacation is not able to secure a 24-square-foot temporary sign, they may elect to install a minimum of two sandwich board signs, each of which shall be a minimum of six square feet.

d.    Signs shall be clearly visible from the adjacent public streets and located in the right-of-way, alley, or adjacent properties to the right-of-way.

e.    Sandwich boards shall be positioned toward roadways and shall be weighted down to protect against wind resistance.

4.    Duration.

a.    Sign(s) are required to be posted at the subject site for the duration of the public notification period (15 days).

b.    The applicant shall provide the Community Development Department with a photograph of the sign(s) on the parcel(s) which shall be emailed to planning@pontiac.mi.us. The photograph(s) shall be sent the day the sign(s) is posted with a date shown on the picture.

c.    In the event of a failure to post the required sign(s) within the public notification period, the request will not be heard at the scheduled public hearing.

d.    Sign(s) required above shall be removed within three days after the final public hearing has been completed. Failure to remove sign(s) within this period may result in the removal of the sign(s) by the City, following notice and an opportunity to cure, at the owner’s expense.

(Ord. 2431, 1-3-24)

Public hearings for Zoning Ordinance amendments, including both text and map amendments, shall be noticed as follows:

A.    Map or Text Amendments Affecting 10 or Fewer Parcels. If the proposed map or text amendment will impact 10 or fewer parcels, notice shall be given as specified in Section 6.902.

B.    Map or Text Amendments Affecting 11 or More Parcels. If the proposed map or text amendment will impact 11 or more parcels, notice shall be given as specified in Section 6.902, with the exception that the notice need not list street addresses of properties that will be impacted by the map or text amendment.

C.    Notice to Other Entities. Notice of the time and place of the public hearing shall also be given by mail to any of the following entities that have registered their name with the City Clerk for the purposes of receiving public notice: any electric, gas, or pipeline public utility company; each telecommunication service provider; each railroad operating within the district or zone affected; and the airport manager of each airport.

D.    Additional Information Required in Notice. Any notice required under this section shall include the places and times at which the proposed text or map amendment may be examined.