The planning commission is hereby designated as the commission pursuant to the Act and shall perform the duties of the planning commission hereunder and in the Act.

(Ord. No. 03-01 (Exh. A, § 42-800), 2-18-2003; Ord. No. 09-03, 4-14-2009)

State Law reference— Zoning board authorized and membership, MCL 125.585(1), (2).

A.

Pursuant to the authority and procedures established in the Zoning Act, the regulations, procedures, official zoning map and other materials set out in this article may, from time to time, be amended, supplemented or changed. Any amendment, supplement or change shall be collectively referred to in this subdivision as an amendment. The procedures and standards for all amendments are set forth in this division. Amendments to this article may be initiated by:

1.

The council;

2.

The planning commission;

3.

The city manager;

4.

The owner of a parcel of land within the city; or

5.

A city resident.

B.

Application.

1.

All proposals for zoning amendments shall be submitted, in writing, to the department of community development and shall be accompanied by all pertinent information, including a completed zoning amendment application, which may be required by the planning commission and council for proper consideration of the matter, along with the payment of such fees and charges as have been established by the council, provided that the city itself shall not be required to submit a fee.

2.

The department shall process such requests for zoning amendments to the planning commission for review and recommendation thereon.

C.

Planning commission public hearing.

1.

The planning commission shall conduct a public hearing on the amendment requested. Notice of the public hearing shall be as required by the Zoning Act.

2.

Notice of a hearing shall be given in accordance with the Zoning Act, as applicable, not less than 15 days before the date of the hearing.

3.

An affidavit of mailing shall be maintained by the department of community development. The department shall prepare all notices referred to in this section.

D.

City council public hearing and action.

1.

Within 30 days of the receipt of the planning commission's report and recommendation, the council shall set a date for a public hearing on the requested zoning amendment.

2.

The public hearing may be held at the next regularly scheduled council meeting following the meeting at which the public hearing date was established.

3.

Notice of the public hearing before the council shall be prepared by the city clerk. The notice shall be provided in the same manner as subsection C except as provided herein.

4.

Notice of a hearing shall be given in accordance with the Zoning Act, as applicable, not less than fifteen days before the date of the hearing. An affidavit of mailing shall be maintained by the city clerk.

5.

Following final action by the council, the city clerk shall transmit all materials regarding the requested zoning amendment to the department of community development.

6.

The city clerk shall inform the applicant, in writing, of the decision of the council.

7.

Following the adoption of an amendment by the council, the city clerk shall publish the notice of adoption in a newspaper of general circulation within 15 days after its adoption. The notice shall contain all of the information required by the Zoning Act.

8.

The zoning amendment shall become effective 15 days after publication of the notice of adoption unless a different effective date is approved by council.

State Law reference— Required notice, MCL 125.584(7).

E.

Resubmission.

1.

Following the final action of the council on an application or request for a zoning amendment of property, no further applications shall be considered of any part or all of the same property for 12 months from the date of the council's action, except as provided in subsections 2 and 3 below.

2.

The time limit imposed by subsection 1, above, may be waived by a majority vote of the city council when it is deemed necessary to facilitate the proper development of the city, and when the council finds that there has been a substantial change in circumstances since the original vote on the proposed zoning amendment was taken.

3.

Notwithstanding subsections 1 and 2, above, the council may reconsider an application for a zoning amendment of property if a council member of the prevailing side makes a motion for reconsideration and it is seconded and passed at the meeting at which the denial decision was made. The vote on the reconsideration of the original action shall not be held later than the next regularly scheduled council meeting.

(Ord. No. 03-01 (Exh. A, § 42-801), 2-18-2003; Ord. No. 09-03, 4-14-2009)

State Law reference— Amendments, MCL 125.584.

A.

Purpose: Since every type of potential use cannot be anticipated in this article this section provides, a process for addressing uses not specifically listed or those that can not be reasonably interpreted as substantially the same as those uses that are listed.

B.

In those situations where a use is not specifically addressed, or can be reasonably interpreted as being essentially the same in character to a use listed in the district, the director may determine that the use is similar to the uses in the district, either as a use permitted by right or as a special land use.

C.

The director shall base this decision on a finding that the proposed use satisfies all of the following:

1.

Is not specifically listed in any other district.

2.

Is generally consistent with the intent of the district and this article.

3.

Will not impair the present or potential use of other properties within the same district in the vicinity.

4.

Has no greater potential impact on surrounding properties than those listed in the district, in terms of aesthetics, traffic generated, noise, potential nuisances, and other impacts related to health, safety and welfare.

5.

Will not adversely affect the goals, policies, implementation strategies and other relevant elements of the comprehensive plan.

D.

The proposed use shall comply with all conditions as well as the review and approval requirements and district regulations that apply to the similar use.

E.

The director's determination shall be in writing and sent to the applicant.

F.

The director may request that the zoning board of appeals determine that the use is similar to the uses permitted in the district, either as a use permitted by right or as a special land use.

(Ord. No. 03-01 (Exh. A, § 42-802), 2-18-2003)

A.

This article shall be administered by the department of community development and enforced by the director.

B.

The director shall enforce all provisions of the approved site/final plans, and no certificate of occupancy shall be granted pursuant to section 42-658 until all aspects of the site plan have been completed.

(Ord. No. 03-01 (Exh. A, § 42-803), 2-18-2003)

A.

Unless a section of this article specifically provides otherwise, any person, firm, corporation, trust, partnership or other legal entity which violates this article or refuses to comply with any provision or any condition imposed by the planning commission, city council, zoning board of appeals, or the director in pursuance of any provision or assigned condition, shall be responsible for a municipal civil infraction and shall be subject to fines, costs and orders as provided by law.

B.

Each day a violation occurs or continues shall constitute a separate offense, and shall make the violator liable for the imposition of a fine for each day.

C.

The owner and/or occupant of any building, structure or premises, in total or in part, which is in violation of this article shall be responsible for a municipal civil infraction and shall be subject to the fines, costs and orders as provided by law.

D.

Any building or structure which is erected, altered or converted, or any use of premises or land which is begun or changed subsequent to the effective date of this article and in violation of any of its provisions is declared to be a public nuisance per se, and may be abated by order of a court of competent jurisdiction.

E.

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

F.

Nothing herein shall be interpreted to limit the authority of the city to revoke an approval previously granted for a violation of this article, which right is expressly reserved.

(Ord. No. 03-01 (Exh. A, § 42-804), 2-18-2003)

A.

As a condition of approval of a temporary certificate of occupancy, a performance guarantee of sufficient sum to assure the installation of those features or components of the approved activity or construction which are considered necessary to protect the health, safety, and welfare of the public and of users or inhabitants of the proposed development shall be submitted.

B.

The features or components, hereafter referred to as "improvements," may include, but shall not be limited to, streets, curbing, landscaping, fencing, walls, screening, lighting, drainage facilities, sidewalks, paving, driveways, utilities, and similar items.

C.

Performance guarantees shall be processed in the following manner:

1.

Prior to the issuance of a temporary certificate of occupancy, the applicant or their agent shall submit an itemized estimate of the cost of the required improvements that are subject to the performance guarantee, which shall then be reviewed by the director.

2.

The amount of the performance guarantee shall be 100 percent of the cost of purchasing of materials and installation of the required improvements, including the cost of necessary engineering and inspection costs and a reasonable amount for contingencies.

3.

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

4.

Upon receipt of the required performance guarantee, the director shall authorize the issuing of a temporary certificate of occupancy for the subject development or activity, provided it is in compliance with all other applicable provisions of this article and other applicable requirements of the city.

5.

The director, upon the written request of the obligor, shall rebate portions of a performance guarantee upon determination that the improvements for which the rebate has been requested have been satisfactorily completed. The portion of the performance guarantee to be rebated shall be in the same amount as stated in the itemized cost estimate for the applicable improvements.

6.

When all of the required improvements have been completed, the obligor shall send written notice to the director of completion of the improvements. Thereupon, the director shall inspect all of the improvements and approve, partially approve, or reject the improvements with a statement of the reasons for any rejections.

7.

If partial approval is granted, the cost of the improvement rejected shall be set forth. Where partial approval is granted, the obligor shall be released from liability pursuant to relevant portions of the performance guarantee, except for that portion sufficient to secure completion of the improvements not yet approved.

8.

Should a required improvement not be completed within the terms of the performance guarantee, the city will take those actions necessary to ensure that the improvement is properly completed.

9.

The director shall maintain a record of required performance guarantees.

(Ord. No. 03-01 (Exh. A, § 42-805), 2-18-2003)

A.

Except as may be provided for otherwise in this article, the city council shall determine and set fees to be collected for all applications for zoning approvals. These fees shall be collected prior to issuance of any permit or certificate, and other official actions required by this chapter.

B.

The fee schedule shall be that adopted by resolution of the city council as amended from time to time.

(Ord. No. 03-01 (Exh. A, § 42-806), 2-18-2003)

A.

The director may issue zoning compliance and occupancy permits and make inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter. No plan, permit or certificate of occupancy for any excavation or construction shall be approved until such plan, permit of certificate of occupancy is found to be in conformance with this article.

B.

The director is not permitted to make changes to this article or vary its terms in carrying out the duties of director.

C.

A permit shall be issued when conditions imposed by this article are met by the applicant, despite any provisions of private contracts such as covenants or other private agreements that may be affected upon the granting of a permit.

(Ord. No. 03-01 (Exh. A, § 42-807), 2-18-2003)

A.

Notwithstanding division 5, subdivision 2, site plan review, the director shall require that all applications for building permits be accompanied by plans and specifications, including a plot plan when site improvements are proposed, and shall include the following:

1.

Name and address.

2.

Scale and north arrow.

3.

Property lines with lot dimensions.

4.

Location of all existing structures with building dimensions and setback distances.

5.

Location of all proposed buildings and/or additions.

6.

Location of public and private utility lines and facilities, and any septic systems and water wells, as applicable.

7.

Storm water drainage/direction of flow on the property (include elevations if new construction.

8.

USGS elevation information for the first floor.

B.

Building permits.

1.

No building permit shall be issued for the erection, alteration or use of any building or structure, or part thereof, or for the use of any land, which is not in accordance with this article.

2.

No building or structure, or part thereof, shall be hereafter erected, altered, moved or repaired unless a building permit has first been issued for that work. As used in this subsection, the terms "altered" and "repaired" include any change in structural parts, stairways, type of construction, type, class or kind of occupancy, light or ventilation, or means of egress and ingress, or other changes affected or regulated by this chapter, except for minor repairs or changes not involving any of the features mentioned in this subsection.

C.

Certificate of occupancy.

1.

No land heretofore vacant shall hereafter be used, and no existing use of land shall hereafter be changed to a use of a different class or type, unless a certificate of occupancy is first obtained for the new or different use.

2.

No building or structure, or part thereof, shall be changed to or occupied by a use of a different class or type unless a certificate of occupancy is first obtained for the new or different use.

D.

Temporary certificate of occupancy.

1.

A temporary certificate of occupancy may be issued, for a period of not more than 60 days, by the director, or his/her designee, upon receipt from the proprietor of a performance guarantee, in accordance with the provisions of section 42-655.

2.

An extension of the temporary certificate of occupancy up to six months may be granted by the director due to weather related conditions that prevent the completion of certain weather dependent site improvements such as paving and landscaping.

3.

Should remaining uncompleted site improvements identified upon issuance of the temporary certificate of occupancy not be completed within the specified time, the director may request additional performance guarantees for their completion or all business operations on such premises shall cease until compliance with all the provisions of the zoning approval are achieved, or both.

(Ord. No. 03-01 (Exh. A, § 42-808), 2-18-2003; Ord. No. 09-03, 4-14-2009)

Editor's note— Ord. No. 09-03, adopted April 14, 2009, changed the title of § 42-658 from "Building permits; certificates of occupancy" to read as herein set out.

Should any section, clause or provision of this chapter be declared by the courts to be invalid, the same shall not affect the validity of this chapter as a whole or any part other than the part declared to be invalid.

(Ord. No. 03-01 (Exh. A, § 42-809), 2-18-2003)

A.

The City of Portage, Kalamazoo County, Michigan, does hereby repeal in its entirety that certain zoning ordinance approved and adopted for the City of Portage, Kalamazoo County, Michigan on December 14, 1965 as amended. Nothing in this article, however, shall be interpreted as authorization for or approval of the continuance of any structure or premises or use thereof in violation of this article in effect at the time of the effective date of this article.

B.

This article shall be effective 15 days after publication.

(Ord. No. 03-01 (Exh. A, § 42-810), 2-18-2003)