Port Huron City Zoning Code
ARTICLE II
Administration and Enforcement
§ 52-41 Chief Building Inspector.
[Code 1975, § 39-128; Code 1992, § 32-561; 10-10-2005 by Ord. No. 1253]
(a)
This chapter shall be administered and enforced by the Chief Inspector or any other employees, inspectors, and officials as the Chief Inspector may delegate to enforce this chapter.
(b)
The powers and duties of the Chief Inspector shall include the following:
(1)
Issue all permits and certificates required by this chapter.
(2)
Cause any building, structure, land, place or premises to be inspected and examined and order in writing the remedying of any condition found to exist therein in violation of any section of this chapter.
(3)
Carry out and enforce any decisions and determinations of the Zoning Board of Appeals.
§ 52-42 Plat to accompany building permit application.
[Code 1975, § 39-129; Code 1992, § 32-562; 4-24-2006 by Ord. No. 1265]
In order to facilitate administration of the conditions of this chapter, each application for a building permit shall be accompanied by a drawing or plat, in duplicate, drawn to scale and showing the following:
(1)
The plot and the proposed building and dimensions of both;
(2)
The exact location of the proposed building on the plot;
(3)
Notations as to the use for which such building and any existing building on the same plot is to be used;
(4)
Such information on front yard depths and other yard sizes on other lots or plots; and
(5)
Such other information as the Chief Inspector shall require for the proper enforcement of this chapter.
(6)
A certified boundary survey performed by a professional surveyor, licensed by the State of Michigan, is required for all new construction of residential, commercial, or industrial buildings, including additions (as determined by the Chief Inspector and based upon square footage of existing building). A mortgage survey is required for the installation of fences, driveways, and construction of accessory buildings.
§ 52-43 Certificate of occupancy required.
[Code 1975, § 39-130; Code 1992, § 32-563]
(a)
A certificate of occupancy, stating that all of the sections of this chapter have been fully complied with, shall have been obtained from the Chief Inspector before:
(b)
If a structure or use is established, altered, enlarged or moved after the conditional approval thereof by the Zoning Board of Appeals, such certificate shall be issued only if all the conditions thereof shall have been satisfied.
§ 52-44 Application for certificate of occupancy.
[Code 1975, § 39-131; Code 1992, § 32-564]
Application for a certificate of occupancy shall be made and filed with the Chief Inspector when any structure or use for which such certificate is required is ready for use or occupancy. Within 10 days after the filing thereof, the Chief Inspector shall inspect such structure or use and, if found to be in conformity with all sections of this chapter, shall sign and issue a certificate of occupancy.
§ 52-45 Certificate of occupancy required before permit or license issuance.
[Code 1975, § 39-132; Code 1992, § 32-565]
No permit or license required by the City or other governmental agency shall be issued by any department, official or employee of the City or such governmental agency, unless the application for such permit or license is accompanied by a certificate of occupancy issued by the Chief Inspector
§ 52-46 Compliance required prior to permit or license issuance.
[Code 1975, § 39-133; Code 1992, § 32-566]
All departments, officials and employees of the City who are vested with the duty or authority to issue permits or licenses shall issue no such permit or license for any use, structure or purpose if the use, structure or purpose would not conform to this chapter.
§ 52-47 Violations and correction orders.
[Code 1975, § 39-134; Code 1992, § 32-567; 10-10-2005 by Ord. No. 1253]
If any violation of this chapter occurs, with the exception of a violation of § 52-621, Footnote a,[1] a zoning violation ticket will be issued. The Chief Inspector shall, after inspection, order in writing the correction of such conditions as are found to constitute a violation. If, within 10 days or such longer time as the Chief Inspector may in writing authorize, any such conditions have not been corrected, it shall be the duty of the Chief Inspector to institute appropriate action.
[1]
Editor's Note: See the Schedule of Regulations, included as an attachment to this chapter.
§ 52-48 Violations declared nuisance.
[Code 1975, § 39-135; Code 1992, § 32-591; 8-13-2001 by Ord. No. 1188]
(a)
Use of land, dwellings, buildings or structures, including tents and trailer coaches, used, erected, altered, razed or converted in violation of any section of this chapter, is hereby declared to be a nuisance per se. The owner and/or agent in charge of any such land, dwelling, building or structure, including tents and trailer coaches, including the lessee or tenant of any part of a building or land where any such violation has been committed or shall exist or the architect, builder, contractor, or any other person who takes part in or assists in any such violation or who maintains any building or land where any such violation exists shall be responsible for a blight violation as provided for in § 2-901 of the City of Port Huron Code of Ordinances.
[9-27-2021 by Ord. No. 21-008]
(b)
The imposition of any sentence shall not exempt the offender from compliance with the requirements of this chapter. This chapter may also be enforced in any court of competent jurisdiction through the civil litigation process. Each day that a violation is permitted to exist shall constitute a separate offense.
§ 52-49 Use certificate.
[9-28-2015 by Ord. No. 15-008; 6-23-2025 by Ord. No. 25-004]
(a)
A use certificate shall be obtained from the City Planning Department before any new or different business can occupy a building, in order to confirm that the use is allowed in the zone where the property is located. Application shall be made by the property owner, tenant, or representative thereof. The use certificate shall indicate the location of the building, the nature of the use, any physical changes to the building, parking availability, and barrier-free access. The building may need to be inspected by the Inspection Division or Fire Department before said certificate can be approved. The City reserves the right to contact the applicant for a permission to enter the property or building for an inspection.
(b)
The use certificate may be approved contingent upon renovations being required to comply with the Zoning Ordinance and or other applicable City or state codes. Approval of the use certificate does not constitute approval for a building permit. The appropriate permits for any building, electrical, plumbing or mechanical work will still be required. Upon completion of any renovations, a certificate of occupancy from the Inspection Division will be necessary before the building can be physically occupied. (See § 52-43.)
§ 52-71 Required; issuance.
[Code 1975, § 39-113; Code 1992, § 32-481; 8-13-2001 by Ord. No. 1188; 10-10-2005 by Ord. No. 1253; 10-22-2007 by Ord. No. 1280; 5-24-2010 by Ord. No. 1311; 6-25-2012 by Ord. No. 1337]
(a)
Before the issuance of a permit for the establishment, erection, reconstruction, structural alteration, enlargement, addition to or moving of any use which, as provided by the district regulations and other regulations in this chapter, shall be permitted in a certain district as a permitted use after special approval, such use shall be approved by the Planning Commission after a public hearing. Site plan review shall be required for all such special approval uses in accordance with § 52-697.
(b)
Action of the Planning Commission on any such matter shall be taken only after an application therefor in writing shall be filed with the Chief Inspector and shall be governed by the required procedure for an appeal pursuant to Public Act 110 of 2006 (MCL 125.3101 et seq.), including holding a hearing.
(c)
The issuance of any permit shall not be approved unless the Planning Commission shall find, in each case, that:
(1)
All requirements set forth in this chapter will be complied with.
(2)
The use and any proposed structures to be utilized in connection therewith will not create any threat to the public health, safety and welfare and will not unduly aggravate any traffic problem in the area.
(3)
The proposed use will not be injurious to the surrounding neighborhood.
(4)
The proposed use will not be contrary to the spirit and purpose of this chapter. The Planning Commission may recommend such conditions as it may deem reasonably necessary to promote the spirit and intent of this chapter.
(5)
All proposed structures, equipment or material shall be readily accessible for fire and police protection.
(6)
The proposed use shall not cause traffic congestion or movement out of proportion to that normally prevailing in the particular district.
(7)
The proposed use shall provide sufficient space for the off-street parking of all vehicles attracted by its presence and shall abide by the regulations set forth in this chapter for its particular district or use.
(8)
Any proposed building shall not be out of harmony with the predominant type of building in the particular district by reason of its size, character, location, or intended use.
(d)
The issuance and validity of any special use permit is contingent upon the conditions/uses existing at the time of issuance. The permit goes with the building and specific use of the building as authorized on the permit, except where specifically prohibited. Transfer of property does not affect the use permit. When property, for which a special permit has been designated, has a change in ownership or use, another use may occupy such property provided the proposed use and parking requirements are similar to the former use for which the special permit was granted. A use certificate shall be issued from the Planning Department prior to the new use occupying such property. Change in use to a nonsimilar activity will result in the use permit becoming null and void. A new special permit (special approval) shall be required from the Planning Commission if the following items prevail:
(1)
The former use has ceased for a period exceeding six months.
(2)
New additions or new structures are required.
(3)
The new use is a different character as compared to existing use. The new use must be a "use allowed after special approval" in such zoning district.
(4)
More parking spaces are required than were necessary for the previous use.
(5)
Home occupations and state licensed care facilities in the home such as family or group day care, expire upon change of ownership and are not transferable to a new address or new property owner.
§ 52-72 Parking lots for business uses in residential areas.
[Code 1975, § 39-114; Code 1992, § 32-482; 10-22-2007 by Ord. No. 1280]
Special approval use permits for parking lots for business uses in residential areas shall be allowed to remain with the business as long as the business is the same or similar use. A change in ownership will not affect the validity of a special approval use permit granted for a parking lot for a business use. Said parking lot shall be allowed only as an expansion of an existing parking lot and adjacent to said business property.
§ 52-73 Appeal process for special approval use permits.
[Code 1992, § 32-483; 8-13-2001 by Ord. No. 1188]
(a)
The Planning Commission may deny issuance of a special approval use permit after review and public hearing. Such recommendation for denial will be submitted as correspondence from boards and commissions to the City Council at its next scheduled meeting.
(b)
The property owner may appear at the City Council meeting to appeal the Planning Commission's decision. The City Council may elect to uphold the Planning Commission's recommendation or schedule its own public hearing for further input. Further appeals shall be reviewed by an appeal to the appropriate court.
§ 52-74 Fees.
[10-22-2007 by Ord. No. 1280]
The fee for an application for a special approval use permit shall be adopted by resolution of the City Council and amended, as necessary, by resolution of the City Council.
§ 52-96 Appointment.
[Code 1975, § 39-115; Code 1992, § 32-506; 9-11-2006 by Ord. No. 1268]
The City Council shall appoint a Zoning Board of Appeals, sometimes referred to as "the Board," which Board shall have the powers and duties prescribed by law and by this Code.
§ 52-97 Membership and organization.
[Code 1975, § 39-116; Code 1992, § 32-507; 9-11-2006 by Ord. No. 1268; 5-24-2010 by Ord. No. 1311]
(a)
The Zoning Board of Appeals shall consist of five members and two alternates. One of the members shall be a member of the Planning Commission. The remaining members shall be electors residing within the City and shall be representative of the population distribution and the various interests within the City.
(b)
The terms of office for members appointed to the Zoning Board of Appeals shall be for three years, except the term of the member from the Planning Commission shall be limited to the time they serve as a member of the Planning Commission. In any case, members shall serve until a successor is appointed.
(c)
A successor shall be appointed not more than one month after expiration of the term of the preceding member. Vacancies for unexpired terms shall be filled for the remainder of the term.
(d)
A member of the Zoning Board of Appeals may be removed by the City Council for misfeasance, malfeasances, or nonfeasance in office upon written charges and after public hearing. A member shall disqualify himself or herself from a vote in which the member has a conflict of interest. Failure of a member to disqualify himself or herself from a vote in which the member has a conflict of interest constitutes malfeasance in office.
(e)
At a meeting held within 30 days after July 1 each year, the Board shall elect one of its members Chairperson and one Vice Chairperson and shall select and appoint a Secretary.
(f)
All meetings, transactions and records of the action of the Board shall be open to the public. The Board shall adopt rules and regulations for the transaction of business.
§ 52-98 Appeals.
[Code 1975, § 39-117; Code 1992, § 32-508; 9-11-2006 by Ord. No. 1268; 5-24-2010 by Ord. No. 1311]
(a)
The Zoning Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with the enforcement of this chapter. It shall also hear and decide all matters referred to it or upon which it is required to pass under any City ordinance adopted pursuant to Public Act No. 110 of 2006 (MCL 125.3201 et seq.). The concurring vote of a majority of the members of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance. Such appeal may be taken by any person aggrieved or by any officer, department, board or bureau of the City. Such appeal shall be taken within such time as shall be prescribed by the Board by general rule, by the filing with the officer from whom the appeal is taken and with the Board a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(b)
The Board shall also hear appeals filed with it by the owner of any real property in an area for which the City Council has adopted an urban renewal development plan. The Board may approve a minor deviation in the urban renewal development plan for the area in any case in which such Board finds, upon evidence presented to it, that the application of the plan results in unnecessary hardship or practical difficulties and a minor deviation from the development plan is required by consideration of justice and equity, consistent with Section 10 of Public Act No. 344 of 1945 (MCL 125.80).
(c)
An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the Board, after the notice of appeal shall have been filed with him of her, that by reason of fact stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by the circuit court, on application, on notice to the officer from whom the appeal is taken and on due cause shown.
§ 52-99 Public notice and time of hearings.
[Code 1975, § 39-118; Code 1992, § 32-509; 8-13-2001 by Ord. No. 1188; 9-11-2006 by Ord. No. 1268]
(a)
Unless otherwise provided in this chapter, notice of public hearing shall be provided in accordance with Section 103 of Public Act 110 of 2006 (MCL 125.3103 et seq.):
(1)
Notice of hearing shall be published not less than 15 days before the date the application will be considered in a newspaper of general circulation within the City limits; and
(2)
Notice shall be sent by mail to the property owners of the application and notice shall also be provided to all property owners and occupants of all structures within 300 feet of the property.
Upon the hearing, any party may appear in person or by agent or by attorney. The Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the officer from whom the appeal is taken. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Board shall have power in passing upon appeals to vary or modify any of its rules, regulations or provisions relating to the construction, structural changes in, equipment or alteration of buildings or structures, including yard, lot area, lot width, lot coverage, open space and height regulations or the use of land, buildings or structures, so that substantial justice is done.
(b)
Before taking any action on an appeal filed with the Board by the owner of any real property in an area for which the City Council has adopted an urban renewal development plan, the Board shall hold a public hearing thereon, at least 10 days' notice of the time and place of which shall be given by public notice in a newspaper published or circulated generally in the City and by notice to all property owners within 300 feet of the property in question, such notice to be by mail addressed to the respective owners at the addresses given in the last assessment roll, consistent with Section 10 of Public Act No. 344 of 1945 (MCL 125.80).
§ 52-100 Interpretation.
[Code 1975, § 39-119; Code 1992, § 32-510; 9-11-2006 by Ord. No. 1268]
The Zoning Board of Appeals shall interpret the words, terms, rules, regulations, provisions and restrictions of this chapter, where there is doubt as to the meaning thereof, and shall determine the location of boundaries of districts where uncertainty exists after the rules for determining such boundaries have been applied. Where this chapter provides that uses similar to those specifically permitted may be permitted in certain districts and that objectionable uses are prohibited, the Board shall determine whether or not questionable uses are similar or are objectionable, as the case may be, in specific instances.
§ 52-101 Conditions.
[Code 1975, § 39-120; Code 1992, § 32-511; 9-11-2006 by Ord. No. 1268]
(a)
The Zoning Board of Appeals may impose, in connection with any action on any appeal or variance or the approval of any permit, conditions which may include time limits within which a permit acted upon shall be valid or a use shall be conducted and which may establish the following similar requirements for bringing the proposed use into conformity with the character of the district and adjoining properties; for protecting the public health, safety, convenience and welfare; or for preventing traffic congestion:
(1)
Specific yard, area, open space and height regulations that shall supersede such regulations in this chapter as would otherwise apply.
(2)
Provision of off-street parking space and spaces or easements for protective planting screens, necessary facilities, and service supplemental to the principal or accessory use of the premises with approval of the Planning Commission and City Council.
(3)
Limitation of use and specification of manner of maintaining and conducting such use.
(4)
Structural requirements.
(5)
Dedication to the City of areas required for any public purposes.
(6)
The Zoning Board of Appeals shall have the power to permit the erection and use of a building or an addition to an existing building of a public service corporation or for public utility purposes in any permitted district to a greater height or of larger area than the district requirements established and permit the location in any use district of a public utility building, structure or use if the Board shall find such use, height, area, or building or structure reasonably necessary for the public welfare or public convenience and service.
(b)
The Board may require a written agreement, bond, or other assurance of faithful performance of any such conditions, the violation of which shall invalidate the permit and shall be subject to the penalties prescribed for a violation of this chapter.
§ 52-102 Procedure, vote required.
[Code 1975, § 39-121; Code 1992, § 32-512; 9-11-2006 by Ord. No. 1268; 5-24-2010 by Ord. No. 1311]
The concurring vote of a majority of the members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination of the Chief Inspector or to decide in favor of the applicant on any variance or to approve the issuance of any permit, and before any such action is taken the Board shall hold a hearing as provided in this division.
§ 52-103 Action.
[Code 1975, § 39-122; Code 1992, § 32-513; 10-10-2005 by Ord. No. 1253; 9-11-2006 by Ord. No. 1268]
The Zoning Board of Appeals shall decide on any matter within 30 days after the date of the hearing thereon. A decision in favor of the applicant shall be approval or conditional approval of the matter applied for and shall be an order to the Chief Inspector to carry out such action, subject to any such conditions. The decision of the Board shall not become final until the expiration of five days from the date of entry of such order unless the Board shall find the immediate effect of such order is necessary for the preservation of property or personal rights and shall so certify on the record. All variances granted through the Zoning Board of Appeals shall be valid for six months from the date of final approval and may be transferred with the ownership of the property. Validation requires the action taken, permit obtained and/or other process underway.
§ 52-104 Limitation of powers.
[Code 1975, § 39-123; Code 1992, § 32-514; 10-10-2005 by Ord. No. 1253; 9-11-2006 by Ord. No. 1268]
The Zoning Board of Appeals, in exercising its powers and authority, as provided by law and by this chapter, shall make decisions pertaining to specific applications only, except in exercising its power of interpretation, and shall not have the power or authority to change any boundary line of any district or to change any rule, regulation, provision or restriction in this chapter. In exercising its power of interpretation of any word, term, rule, regulation, provision or restriction and of determination of the location of the boundary of any district, the Board may act upon application, upon written request by the City Council or the Planning Commission. The Zoning Board of Appeals shall be prohibited from granting use variances. They may grant dimensional variances, including, but not limited to, setbacks, height, and lot coverage.
§ 52-105 Fees.
[Code 1975, § 39-124; Code 1992, § 32-515; 5-27-2003 by Ord. No. 1211; 9-11-2006 by Ord. No. 1268]
The fee for an application and/or appeal to the Zoning Board of Appeals shall be adopted by resolution of the City Council and amended, as necessary, by resolution of the City Council.
§ 52-126 Procedure.
[Code 1975, § 39-125; Code 1992, § 32-536; 10-22-2007 by Ord. No. 1280]
(a)
The City Council may from time to time amend, supplement or repeal the regulations and provisions of this chapter, in the manner prescribed by Public Act 110 of 2006 (MCL 125.3101 et seq.) and in accordance with the following procedural outline:
(1)
A proposed amendment, supplement, or repeal may be originated by the City Council, by the Planning Commission, or by petition. All proposals not originating with the Planning Commission shall be referred to the Planning Commission for a report thereon before any action is taken on the proposal by the City Council.
(2)
The Planning Commission shall study the proposed amendment, supplement, or repeal. If it decides the proposal has merit, the Planning Commission shall hold a public hearing thereon in accordance with procedures stated in Public Act 110 of 2006 (MCL 125.3101 et seq.) and make a report of its findings and recommendation to the City Council. If the Planning Commission decides that a proposed amendment, supplement or repeal does not have merit, it shall so report to the City Council, without holding a public hearing.
(3)
When the City Council receives an adverse report on a proposed amendment or change that has not received a public hearing by the Planning Commission, it may concur with the recommendation and stop further action, or, if it does not agree with the recommendation, the City Council shall refer the proposed amendment or change back to the Planning Commission, with a request that the Planning Commission hold a public hearing on the proposed amendment, supplement or repeal and make a final report to the City Council.
(b)
When the City Council receives a recommendation from the Planning Commission on a proposal that has been given a public hearing by the Planning Commission, the City Council may hold a public hearing thereon. If such a hearing is held, notice thereof shall be given in the manner prescribed by Public Act 110 of 2006 (MCL 125.3101 et seq.), and the City Council may adopt such amendment, supplement, or repeal without further reference to the Planning Commission unless the recommendation from the Planning Commission is to be amended, in which case, the amendment, supplement, or repeal shall be referred again to the Planning Commission for reconsideration.
§ 52-127 Protests.
[Code 1975, § 39-126; Code 1992, § 32-537]
(a)
Upon presentation of a protest petition meeting the requirements of this section, an amendment to this chapter which is the object of the petition shall be passed by a three-fourths vote of the entire City Council. The protest petition shall be presented to the City Council before final legislative action on the amendment and shall be signed by one of the following:
§ 52-128 Fee.
[Code 1975, § 39-127; Code 1992, § 32-538; 5-27-2003 by Ord. No. 1211]
The fee for an application for an amendment to this chapter shall be adopted by resolution of the City Council and amended, as necessary, by resolution of the City Council.