The purpose of this article is to establish a uniform set of requirements for the planning and design of developments within the city in order to achieve the following objectives: to determine compliance with the provisions of this ordinance; to promote the orderly development of the city; to protect land values; to ensure a consistent level of quality throughout the community; to ensure a harmonious relationship between new development and the existing natural and manmade surroundings; to achieve the purposes of the City of Portland Master Plan; and to promote consultation and cooperation between applicants and the city in order that applicants may accomplish their objectives in the utilization of land, consistent with the public purposes of this ordinance and the master plan.

(a)

Planning commission review. Site plan review by the planning commission shall be required prior to the establishment of a new use or the erection of a building in the districts and under the conditions specified below, unless otherwise specifically excepted or exempted by this section.

(1)

All permitted uses in the following districts:

a.

R-3, Multiple-family residential;

b.

R-4, Manufactured home community;

c.

C-1, Central business;

d.

C-2, General business;

e.

C-3, Highway commercial;

f.

O-R, Office/Research/Business;

g.

IND, Industrial;

(2)

Special land uses in all districts;

(3)

Planned unit developments;

(4)

Site condominiums in any district;

(5)

Open space neighborhood developments.

(b)

Administrative review. Site plan review shall be performed by the zoning administrator for the following.

(1)

Non-residential permitted uses in an R-1 and R-2 district;

(2)

Family day care and foster care facilities;

(3)

Change of permitted use (not including special land uses) in any district that does not result in a change to an existing building footprint beyond the limits specified in subparagraph (4);

(4)

Expansion of an existing building by not more than 2,000 sq. ft. or 25 percent of the existing floor area, whichever is less;

(5)

Reconfiguration of an existing parking area that does not alter the number of parking spaces;

(6)

Grading, excavation, filling, soil removal, creation of ponds, or tree clearing over one acre;

(7)

Accessory buildings in excess of 960 sq. ft..

(8)

Addition or relocation of:

a.

Driveways and entrances;

b.

Landscaping;

c.

Lighting;

d.

Refuse containers;

e.

Retention/detention ponds;

f.

Sidewalks;

g.

Signs.

(c)

Staff referral. The zoning administrator has sole discretion to refer a site plan to the planning commission for review and action in accordance with the procedures and standards specified in this article.

(d)

Exempt uses. The following uses shall be exempt from the site plan review requirements of this article:

(1)

One- and two-family dwellings;

(2)

Accessory buildings 960 sq. ft. in area or less and used for accessory uses.

Each preliminary or final site plan shall contain the following information, as applicable, unless waived by the zoning administrator or the planning commission as unnecessary or not applicable to the proposed project. Incomplete plans will be returned to the applicant without further processing.

(a)

Complete application.

(1)

Administrative review. For projects subject to administrative review, only a preliminary plan meeting the requirements of section 14-3 is required. The required site plans (two full-sized 24x36 inch and one electronic), application form, and application fee shall be submitted to the zoning administrator. Incomplete applications shall not be accepted.

(2)

Planning commission review. Required site plans (four full-sized 24x36 inch and one electronic), application form, application fee, and escrow fees (if applicable) shall be submitted to the zoning administrator, at least 20 days prior to the next regular planning commission meeting. If submitted within this time and determined to be a complete application, the zoning administrator shall cause the submittal to be placed on the agenda of the next regular planning commission meeting.

(b)

Preliminary plan. At the discretion of the applicant, a preliminary site plan may be submitted for review by the planning commission. The purpose of the preliminary plan review is to obtain input from staff, consultants, and planning commission prior to incurring the expense of preparing the more detailed final plan in the event substantive changes are required.

(c)

Decision. The review authority (zoning administrator or planning commission) shall approve, approve subject to conditions, or deny the site plan, in accordance with the provisions of this article.

(d)

Conditions. Any conditions or modifications required by the review authority shall be specified in writing by the zoning administrator for administrative reviews or in the meeting minutes for planning commission reviews.

(e)

Approved plans. Two copies of the approved site plan shall be signed and dated by the zoning administrator or designee and the applicant. The city shall keep one of these approved copies on file, and one shall be returned to the applicant or the applicant's designated representative.

(f)

Phased developments.

(1)

If a proposed development is to be carried out in two or more phases, site plan approval may be granted for all phases or for a single phase. Approval for a single phase may be given if the applicant has first submitted a complete preliminary site plan of the development showing all proposed phases, and if such plan was approved by the planning commission.

(2)

In such a case, each separate phase, when ready for planning commission consideration, shall be submitted for final site plan approval and shall be consistent with the preliminary site plan of the entire development, unless otherwise approved by the planning commission.

(3)

In the consideration of a preliminary site plan of an entire development that will be constructed in phases, the planning commission may require information beyond that otherwise required for preliminary site plan review. Such additional information may include, but is not limited to, the locations and other details of the streets, utilities, storm water drainage systems, and other infrastructure and construction details common to the entire development.

Conditions intended to ensure compliance with the intent of this ordinance and all other regulations of the city may be imposed upon the approval of a site plan. Approval may also be conditioned on the applicant receiving necessary city, county, state, and federal permits before site plan approval or an occupancy permit is granted.

A site plan shall be approved only upon a finding of compliance with the following standards:

(1)

The site plan must comply with all provisions of this article and all applicable requirements of this ordinance and all other applicable laws and regulations of the city.

(2)

The site must be designed in a manner that is harmonious, to the greatest extent possible, with the character of the surrounding area.

(3)

The site must be designed to minimize hazards to adjacent property, and to reduce the negative effects of traffic, noise, smoke, fumes, and glare to the maximum extent reasonably possible.

(4)

Unless a more specific design standard is required by the city through a different ordinance, all uses and structures subject to site plan review shall comply with the following design standards:

a.

Traffic Circulation. The number, location, size of ingress/egress points, and internal vehicular and pedestrian circulation routes shall be designed to promote safe and efficient access to and from the site, and circulation within the site. In reviewing traffic features, the number, spacing, and alignment of existing and proposed access points shall be considered relative to their impact on traffic movement on abutting streets and adjacent properties.

b.

Storm water. Storm water detention and drainage systems shall be designed so the removal of surface waters will not adversely affect neighboring properties or public storm water drainage systems. Unless impractical, storm water shall be removed from all roofs, canopies, and paved areas by underground surface drainage system.

c.

Landscaping. The landscape shall be preserved in its natural state, insofar as practicable, by minimizing unnecessary tree and soil removal. Any grade changes shall be in keeping with the general appearance of neighboring developed areas. Provision or preservation of landscaping, buffers, or streetscapes may be required to ensure that the proposed uses will be adequately shielded from one another and from surrounding property.

d.

Screening. Where non-residential uses abut residential uses, appropriate screening shall be provided to shield residential properties from noise, headlights and glare.

e.

Lighting. Lighting shall be designed to minimize glare on adjacent properties and public streets. As a condition of site plan approval, reduction of lighting during non-business hours may be required.

f.

Utility Service. All utility service shall be underground, unless impractical.

g.

Exterior Uses. Exposed storage areas, machinery, heating and cooling units, service areas, loading areas, utility buildings and structures, and similar accessory areas shall be located to have a limited negative effect on adjacent properties, and shall be screened, if reasonably necessary, to ensure compatibility with surrounding properties.

h.

Emergency Access. All buildings and structures shall be readily accessible to emergency vehicles.

i.

Water and Sewer. Water and sewer installations shall comply with all city specifications and requirements.

j.

Signs. Permitted signs shall be located to avoid creating distractions and visual clutter.

k.

Building Design. New or substantially remodeled buildings shall be reasonably compatible in appearance with, or shall enhance, the established general character of other buildings in the immediate vicinity.

Site plan approval shall expire one year after the date of approval unless substantial construction has commenced and is being carried on without unreasonable delay to completion. The zoning administrator, in the case of an administrative review, or the planning commission, in all other cases, may grant one extension of up to 12 additional months; provided, the applicant requests an extension, in writing, prior to the date of expiration of the plan. The extension shall be approved if the applicant presents reasonable evidence to the effect that the development has encountered unforeseen difficulties beyond the control of the applicant, and the project will proceed to completion within the extension period. If the above provisions are not fulfilled or the extension has expired prior to commencing substantial construction, the site plan approval shall become null and void.

(a)

The holder of an approved site plan shall notify the zoning administrator of any proposed change to the site plan prior to initiating any such changes on the site.

(b)

Minor changes may be approved by the zoning administrator upon determining that the proposed revisions meet the standards of this article, remain consistent with the intent of the design, comply with the requirements of this ordinance, and will not alter any conditions imposed as part of the original approval. Minor changes shall include the following:

(1)

Any change to a plan that was initially approved administratively;

(2)

Change in the building size, up to 10 percent in total floor area;

(3)

Movement of buildings or other structures by no more than 10 feet;

(4)

Replacement of plant material specified in the landscape plan with comparable materials of an equal or greater size;

(5)

Changes in approved building materials to a comparable or higher quality;

(6)

Relocation of an outdoor waste receptacle;

(7)

Modification of the parking area layout; provided, the number of parking spaces is not reduced below that required by this ordinance and the number and location of access points are not altered;

(8)

Changes to an approved sign;

(9)

The addition of accessory buildings in compliance with this ordinance;

(10)

Changes in floor plans that do not alter the character of the use;

(11)

Other changes determined by the zoning administrator to be similar in nature to those listed above and which will not alter the intent of the design or be contrary to any conditions imposed upon the initial approval; and

(12)

Changes required or requested by the city, or other county, state, or federal regulatory agency, in order to conform to other laws or regulations.

(c)

A proposed change not determined by the zoning administrator to be minor shall be submitted to the planning commission as a site plan amendment and shall be reviewed in the same manner as the original application. If the zoning administrator determines that a proposed minor change may have a major impact on the neighborhood or area involved, the zoning administrator may refer the plan to the planning commission and the plan shall be reviewed in the same manner as the original application.

(a)

The purpose of this article is to establish regulations governing lots, buildings, structures, and their uses, which were lawful prior to the enactment of this ordinance, or relevant amendments, but which are prohibited or are more strictly regulated under the provisions of this ordinance.

(b)

Such lawfully established nonconformities may continue provided they otherwise remain in conformance with this ordinance, though their long-term continuation is not encouraged.

(c)

Any lot, building, structure, or use which has been established in violation of the provisions of a previous zoning ordinance in effect at the time the lot, building, structure, or use was established; and any lot, building, structure, or use which was lawfully established under a previous zoning ordinance and subsequently violates the terms of the permit under which it was established, shall be in violation of this article.

(a)

A nonconforming use shall not be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of the adoption or amendment of this ordinance.

(b)

No part of any nonconforming use shall be moved unless such movement eliminates the non-conformity.

(c)

If a nonconforming use is abandoned for any reason for a period of more than 12 months, any subsequent use shall conform to the requirements of this ordinance. A nonconforming use shall be determined to be abandoned if one or more of the following conditions exists, and which shall be deemed to constitute an intent on the part of the property owner to abandon the nonconforming use:

(1)

Utilities, such as water, gas and electricity to the property, have been disconnected;

(2)

The property, buildings, and grounds, have fallen into disrepair;

(3)

Signs or other indications of the existence of the nonconforming use have been removed;

(4)

Equipment or fixtures necessary for the operation of the nonconforming use have been removed;

(5)

Other actions which, in the opinion of the zoning administrator, constitute an intention on the part of the property owner or lessee to abandon the nonconforming use.

(d)

A nonconforming use may be changed to another nonconforming use provided all of the following determinations are made by the planning commission:

(1)

The proposed use shall be as compatible or more compatible with the surrounding neighborhood than the previous nonconforming use based on the nature of the use, density, potential noise and activity, hours of operation, vehicle traffic, number of employees and/or visitors, and equipment used.

(2)

The proposed nonconforming use will not be enlarged or increased, nor extended to occupy a greater area of land or building than the previous nonconforming use.

(3)

Appropriate conditions and safeguards are provided to ensure compliance with the intent and purpose of this ordinance.

(e)

If lawfully nonconforming use status applies to a building or structure and land in combination, the removal of the building or structure or its destruction in excess of 50 percent of its replacement value shall eliminate the lawful nonconforming status of the land; provided, in the case of destruction of the building or structure in excess of 50 percent of its replacement value, reconstruction of the building or structure and continuation of the nonconforming use may be permitted if authorized as a special land use in accordance with Section 15-3(e).

(a)

The expansion of a nonconforming structure shall be permitted provided that the addition complies with this ordinance and does not increase the nonconformity.

(b)

If a nonconforming building or structure is altered or modified to eliminate, remove, or lessen any or all of its nonconforming characteristics, then such nonconforming characteristics shall not be subsequently reestablished or increased.

(c)

A lawfully nonconforming building or structure may be strengthened or restored to a safe condition, in whole or in part, if the building has been declared to be unsafe by the city building official or by other official having jurisdiction; provided, however, that the cost of any such strengthening or restoration shall not exceed 50 percent of the replacement value of the building or structure prior to such strengthening or restoration.

(d)

In the event that any lawfully nonconforming building or structure is damaged by fire, wind, act of God, or other casualty to such extent that the cost of reconstruction or restoration is equal to or less than 50 percent of the replacement value of such building or structure prior to the occurrence of the casualty, then such reconstruction or restoration shall be permitted.

(e)

In the event that any nonconforming building or structure is damaged by fire, wind, act of God or other casualty, and the cost of rebuilding or restoration exceeds 50 percent of the replacement value of the building or structure before rebuilding or restoration, then such rebuilding or restoration shall be permitted only when approved as a special land use by the planning commission in accordance with article 12 of this ordinance; provided however, that in addition to the general standards for considering special land uses, the planning commission shall consider:

(1)

Whether such rebuilding or restoration can reasonably be accomplished in conformance with the requirements of the zoning district; and

(2)

Whether the extent of the nonconformities is such that it is unreasonable and contrary to the intent of this ordinance to allow the reestablishment of the structure as it previously existed.

(f)

A nonconforming building or structure shall not be moved in whole or in part except when the moving results in full compliance with the provisions of this ordinance.

(a)

A nonconforming lot may be used for the purposes for which it is zoned; provided, that:

(1)

If less than the minimum area and/or width requirements of this ordinance, the lot shall not be divided or reduced in dimensions or area to further reduce its compliance with the minimum requirements of this ordinance; and

(2)

In the case of a nonconforming lot width, the minimum side yard requirement may be reduced by the same percentage that the existing lot width bears to the required lot width; provided, no side yard shall be less than five feet.

(b)

Combination of nonconforming lots.

(1)

For any two or more nonconforming lots of record or combination of lots and portions of lots of record, in existence at the time of the passage of this ordinance, or amendment, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance if they:

a.

are in common ownership;

b.

are adjacent to each other or have continuous frontage; and

c.

individually do not meet the lot width or lot area requirements of this ordinance.

(2)

Lots meeting the provisions of subsection (b)(1), shall be combined into a lot or lots complying as nearly as possible to the lot width and lot size requirements of this ordinance. No portion of the parcel shall be used or divided in a manner that diminishes compliance with lot width and area requirements of this ordinance.

Where a nonconforming front yard setback, parking lot setback, or streetscape depth results from additional street right-of-way width being acquired by a public street agency, the building or parking lot may be improved or expanded without the need to obtain a variance; provided, the following conditions are met:

(1)

The building or parking lot complied with the front yard setback prior to the acquisition of the additional street right-of-way;

(2)

The building or parking lot expansion will not further reduce the depth of the front yard setback; and

(3)

All other requirements of this ordinance are met and necessary approvals obtained.

(a)

There is hereby established a zoning board of appeals (sometimes the "board"), which shall perform its duties and exercise its powers as provided in the Zoning Act.

(b)

The board shall consist of five members appointed by the city council. One member may be a member of the planning commission and one member may be a member of the city council. The remaining members shall be chosen from the electorate of the city. Members shall be appointed for three-year terms; provided, the planning commission and council appointees shall only serve while holding their respective offices. Members may be appointed for successive terms. Vacancies for unexpired terms shall be filled for the remainder of the term.

(c)

Alternates.

(1)

The city council may appoint up to two alternate members for the same term as regular members of the board.

(2)

An alternate member may be called to serve in the absence of a regular member or for the purpose of reaching a decision in a case where the regular member has abstained for reasons of conflict of interest.

(3)

The alternate member having been called shall serve on the board until a final decision is made on the application for which the member was called.

(4)

When serving as a member, an alternate member shall have the same voting rights as a regular member of the board.

(d)

Members of the board may be removed by the city council for misfeasance, malfeasance, or nonfeasance in office upon written charges and after public hearing, if requested by the member to be removed. A member shall be disqualified from a vote in which the member has a conflict of interest. Failure of a member to abstain from voting on a matter when the member has a conflict of interest constitutes malfeasance in office.

(a)

All meetings of the zoning board of appeals shall be held at the call of the chairperson or at any time as the board may determine.

(b)

Three members of the board shall constitute a quorum for the conduct of its business; provided, a majority vote of the full membership shall be required to pass on any appeal, variance, interpretation, or other decision for which this ordinance or the Zoning Act delegates responsibility to the board.

(c)

Applications shall be submitted to the zoning administrator and shall include the following, as applicable; incomplete applications will not be forwarded to the board for consideration:

(1)

an application form, as provided by the city;

(2)

a scaled drawing, if applicable, with sufficient detail to indicate the nature and necessity of the request;

(3)

payment of a fee, as prescribed by the city council; and

(4)

other materials or information considered by the zoning administrator to be necessary for a full and complete understanding by the board of appeals of the request and conditions supporting the request.

(d)

The board may require the attendance of witnesses, administer oaths, and compel testimony and the production of books, papers, files, and other evidence pertinent to the matters before it.

(a)

Appeals.

(1)

The zoning board of appeals shall hear and decide all appeals from any order, decision or determination made by the zoning administrator or other person or body authorized to administer the provisions of this ordinance.

(2)

The board shall have no jurisdiction or authority over or with regard to the following:

a.

Any application for approval of a special land use or planned unit development;

b.

An appeal from any decision, in whole or in part, on a special land use or planned unit development.

(3)

An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board, after notice of appeal has been filed, that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, the proceedings shall not be stayed other than by a restraining order, which may be granted by a court of record.

(4)

The board shall select a reasonable time and place for hearing the appeal, give due notice thereof to the parties, and render a decision on the appeal without unreasonable delay. A person may appear and testify at the hearing, whether in person or by duly authorized agent or attorney.

(5)

In deciding the appeal, the board shall be limited to determining whether or not the decision that was made was done so using the proper standards and guidelines in this ordinance. The decision of the board is limited to the information that was available to the administrative official or body who made the decision initially. Additional testimony shall not be taken.

(6)

If a determination is made that the administrative official or body making the decision did so improperly, the board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and shall have all the powers of the administrative official or body from whom the appeal was taken.

(b)

Dimensional Variances. The board shall have the power to decide applications for dimensional variances filed as provided in this article. A dimensional variance may be allowed only in cases where the board finds, based upon competent, material, and substantial evidence on the whole record, that there is practical difficulty related to the property and that all of the following conditions are met.

(1)

There are exceptional or extraordinary circumstances or conditions applying to the property that do not apply generally to other properties in the same zoning district. Exceptional or extraordinary circumstances or conditions may include:

a.

exceptional narrowness, shallowness, or shape of a specific property that existed on the effective date of the ordinance or relevant amendment;

b.

exceptional topographic or environmental conditions or other extraordinary situation on the land, building, or structure; or

c.

the use or development of the property immediately adjoining the property in question.

(2)

The variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same zoning district and in the vicinity.

(3)

The variance will not materially impair the intent and purpose of this ordinance or the provision from which the variance is requested.

(4)

The immediate practical difficulty causing the need for the variance request was not created by the applicant.

(5)

The possibility that compliance with this ordinance may prove to be more expensive or otherwise inconvenient shall not be part of the consideration of the board.

(c)

Use variances. The zoning board of appeals shall have no authority to consider variances related to the use of land.

(d)

Interpretations.

(1)

Text. The board may hear and decide upon requests for the interpretation of the provisions of this ordinance.

a.

Text interpretations shall be narrow and address only the situation to be interpreted, be based on a thorough reading of this ordinance, and not have the effect of amending this ordinance.

b.

Interpretations shall give weight to practical interpretations by the zoning administrator and other administrative officials if applied consistently over a long period of time.

c.

Records shall be kept of all interpretations.

d.

Where the intent of this ordinance is unclear and the facts cannot be read to support only one interpretation, the benefit of doubt shall go to the property owner.

(2)

Zoning map. The board may hear and decide appeals from the decisions of the zoning administrator pertaining to interpretations of the zoning map to determine the precise location of boundary lines between zoning districts. In making its determination of the boundary lines, the board shall be governed by the rules of this article and the provisions of section 3-3.

(3)

Generally. Nothing contained in this section shall be construed to give or grant to the board the power or authority to alter or change this ordinance or the zoning map.

(a)

Hearings. Upon receipt of an application seeking an appeal of an administrative decision, a variance, or an interpretation of the zoning ordinance, the zoning administrator shall schedule a public hearing. A notice stating the time, date, and place of the hearing shall be published in a newspaper of general circulation within the city and shall be sent to the applicant not less than 15 days before the public hearing. In addition, if the request is for a variance or for an interpretation or appeal of an administrative decision involving a specific lot or parcel, written notice shall be sent by first class mail or personal delivery to all persons to whom real property is assessed within 300 feet of the boundary of the subject property and to the occupants of all structures within 300 feet of the boundary of the subject property. The notice shall state the nature of the request and the time, date, and place of the public hearing. If a tenant's name is not known, the term "occupant" may be used.

(b)

Voting requirements. Except for administrative matters, such as approval of minutes, the concurring vote of at least three members of the board is necessary to decide any matter upon which the board is authorized by this article or other provisions of this ordinance to render a decision.

(c)

Decisions.

(1)

In making any decision provided for in this article, the board may attach such conditions regarding the location, character, and other features of the application as it may deem reasonable in furtherance of the intent and spirit of this ordinance and the protection of the public interest or as otherwise permitted by law.

(2)

Any decision of the board shall not become final until minutes of the meeting at which final action was taken are officially approved and adopted by the board, unless the board shall find that immediate effect of such order is necessary for the preservation of property or personal rights and shall so certify on the record.

(3)

An application which has been denied wholly or in part by the board shall not be resubmitted for a period of one year from the date of the denial, unless permitted by the zoning administrator after a demonstration by the applicant of a substantial change of circumstances from the previous application.

(1)

Unless otherwise specifically provided by the board as a condition of approval, any variance granted by the zoning board of appeals shall automatically become null and void after a period of 12 months from the date granted, unless the owner or the owner's agent has demonstrated that substantial steps have been taken toward effecting the variance.

(2)

The holder of the variance may request up to one six-month extension of the variance from the zoning board of appeals, if applied for in writing prior to the expiration of the variance approval.

(3)

The board may only grant an extension when the original circumstances authorizing the variance have not changed and that the circumstances creating the need for the extension were beyond the control of the applicant.

The decision of the board shall be final; however, any person having an interest affected by any such decision shall have the right of appeal to the Ionia County Circuit Court on questions of law and fact.

Amendments to this ordinance may be initiated by the city council; by any person, firm, or corporation filing an application with the city; or by the planning commission.

(a)

Amendments shall be processed as provided for in the Zoning Act, including notification to adjoining property owners and occupants, where applicable, and a public hearing. If an amendment is requested by a person, firm, or corporation, the request shall be filed on a form provided for that purpose and accompanied by an application fee, as set by the city council.

(b)

Incomplete applications shall not be processed and will be returned to the applicant.

The following guidelines shall be used by the planning commission, and may be used by the city council in consideration of amendments to the zoning ordinance.

(a)

Text Amendment:

(1)

The proposed text amendment would clarify the intent of the ordinance.

(2)

The proposed text amendment would correct an error or oversight in the ordinance.

(3)

The proposed text amendment would address changes to the State legislation, recent case law, or opinions from the Attorney General of the State of Michigan.

(4)

The proposed text amendment would promote compliance with changes in other County, State or Federal regulations.

(5)

In the event the amendment will add a use to a district, that use shall be fully consistent with the purpose of the district and the character of the range of uses provided for within the district.

(6)

The amendment will not create incompatible land uses within a zoning district, or between adjacent districts.

(7)

The proposed text amendment is supported by the findings of reports, studies, or other documentation on functional requirements, contemporary building practices, environmental requirements, and similar technical factors.

(8)

As applicable, the proposed change shall be consistent with the city's ability to provide adequate public facilities and services.

(9)

The proposed change shall be consistent with the protection of the public health, safety, and welfare of the community.

(b)

Map Amendment (Rezoning):

(1)

Whether or not the proposed rezoning is consistent with the goals, policies and future land use map of the City of Portland Master Plan; or, if conditions have changed significantly since the Master Plan was adopted, consistency with recent development trends in the area.

(2)

Whether the proposed district and all uses allowed are compatible with the site's physical, geological, hydrological, and other environmental features.

(3)

Whether all potential uses allowed in the proposed zoning district would also be compatible with surrounding uses in terms of land suitability, impacts on the community, density, potential influence on property values, and traffic impacts.

(4)

Whether, if rezoned, the site is capable of accommodating the uses allowed, considering existing or planned infrastructure including streets, sanitary sewers, storm sewer, water, sidewalks, and street lighting.

(5)

Other factors deemed appropriate by the planning commission or city council.

Upon receipt of a report and summary of public hearing comments from the planning commission, as provided for in the Zoning Act, the city council may modify and subsequently adopt the proposed amendment, adopt it as presented by the planning commission, or reject it. The city council may refer any proposed modifications back to the planning commission for additional comment.

It is recognized that there are certain instances where it could be in the best interests of the city, as well as advantageous to property owners seeking a change in zoning boundaries, if certain conditions could be proposed as part of a rezoning request. It is the intent of this section to permit a process, consistent with the provisions of Section 405 of the Zoning Act, by which an owner seeking a rezoning may voluntarily offer conditions regarding the use and/or development of land as part of the rezoning request.

(a)

Basic duties. The zoning administrator or designee shall have the power to grant certificates of zoning compliance and occupancy permits and to make necessary inspections of premises to carry out the enforcement duties of this ordinance.

(b)

Official zoning map. The zoning administrator or designee shall be responsible for maintaining the official zoning map in accordance with the requirements of this ordinance.

(c)

Violations. The zoning administrator shall order discontinuance of illegal uses of land, buildings, or structures; removal of illegal buildings or structures; discontinuance of any illegal work being done; or shall take any other action authorized by this article to ensure compliance with or prevent violations of its provisions.

(a)

Zoning compliance certificate.

(1)

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

(2)

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

(3)

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

(4)

Certificates of zoning compliance authorize only the use, arrangement, and construction set forth in the application and any appended plans. Any other use, arrangement, or construction at odds with that authorized shall be a violation of this ordinance punishable as provided by law. Any change in approved plans shall be reviewed as provided for in this ordinance and shall, if approved, require the issuance of an amended certificate of zoning compliance.

(b)

Building permit. In accordance with this ordinance and other codes, ordinances, and regulations adopted by the city council, no building shall hereafter be erected, relocated, or altered in its exterior or interior dimension or use, and no excavation for any building shall be commenced until a building permit has been issued. With respect to this ordinance, eligibility for a building permit shall be established upon conformance with the provisions contained herein. This shall apply to all new construction and all major improvements to existing structures. A building permit is required for detached accessory buildings and structures, unless specifically exempted by this ordinance.

(c)

Certificate of occupancy.

(1)

A building or structure which is hereafter erected or altered shall not be occupied or used unless and until a certificate of occupancy has been issued for the building or structure.

(2)

Certificates of occupancy, as required by the building code enforced by the city, shall also constitute certification that the completed building or structure complies with the zoning ordinance and all prior approvals and/or conditions attached to such approvals.

(3)

A record of all certificates of occupancy issued shall be kept on file by the zoning administrator and copies shall be furnished upon request to any person owning or renting the property which is the subject of the certificate.

(a)

As a condition of approval of a site plan, special land use, variance, or other zoning action, the zoning administrator, planning commission, city council, or zoning board of appeals, as applicable, may require a bond or other financial guarantee of sufficient amount to assure the installation of those features or components of the approved activity or construction which are considered necessary to protect the health, safety, and welfare of the public and of users or inhabitants of the proposed development. Such features or components, hereafter referred to as "improvements," may include, but shall not be limited to, roadways, curbs, paving, landscaping, fences, walls, screens, lighting, drainage facilities, sidewalks, and utilities.

(b)

Performance guarantees shall be processed in the following manner:

(1)

The applicant shall submit an itemized cost estimate of the required improvements, prepared by a Michigan registered professional engineer and/or other licensed professionals, which shall then be reviewed and subject to the approval of the zoning administrator and the city engineer. The amount of the performance guarantee shall be 100 percent of the costs listed below, plus a reasonable amount for contingencies, but in no case less than 15 percent of total costs:

a.

purchase and/or construction of improvements;

b.

installation of improvements; and

c.

architectural and/or engineering design or related professional costs.

(2)

The required performance guarantee shall be in the form of an irrevocable bank letter of credit, surety bond, or other form of guarantee acceptable to the zoning administrator.

(3)

Upon receipt of the required performance guarantee, the zoning administrator shall issue a certificate of zoning compliance or certificate of occupancy, as applicable, for the subject development or activity.

(4)

The city, upon the written request of the applicant, shall rebate portions of the 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 improvement.

(5)

When all required improvements have been completed, the applicant shall send written notice to the zoning administrator of completion of the improvements. Thereupon, the zoning administrator shall inspect, or cause to be inspected, the improvements and either approve, partially approve, or reject the improvements. The zoning administrator shall notify the applicant in writing of the action within 30 days. Where partial approval is granted, the applicant 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.

(6)

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

(a)

Any building or structure moved, erected, razed, converted, or used, and any use of land or premises, that is carried on in violation of this ordinance is declared to be a nuisance per se. All buildings, structures, and land uses considered to be in violation of this ordinance shall be reported to the zoning administrator.

(b)

Any order issued by the zoning administrator to correct a violation shall include a time frame by which the property owner (owner of the property upon which the violation is located) shall correct the violation.

(1)

If the violation cannot be corrected within this time, the zoning administrator may exercise discretion, with just cause, to extend the correction period for an appropriate length of time up to a period of six months.

(2)

In all cases, a request for extending the time period for correcting a violation shall be made in writing by the applicant to the zoning administrator prior to the expiration of the time period originally approved by the zoning administrator. The request shall include specific detail on why the violation has not been corrected within the initial time period imposed, the requested additional time for correcting the violation, and actions to be pursued by the landowner to ensure correction of the violation within the allotted time.

(3)

In the event the zoning administrator determines the violation poses an imminent threat to the health, safety, and welfare of the general public or to the occupants of the premises on which the violation is located, the zoning administrator may require that immediate measures be taken to correct the violation.

(a)

Notice to owner. Upon notice from the zoning administrator or building official that any use is being conducted or that any work on any building or structure is proceeding contrary to the provisions of this ordinance, such work or use shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, the owner's agent, or the person doing the work and shall state the conditions, if any, under which the work or use will be permitted to resume.

(b)

Unlawful continuance. Any person who continues to work in or about the structure, land, or building or use it after having been served with a stop work order, except work that the person is directed to perform to remove a violation, shall be in violation of this ordinance.

(a)

Any person, firm, corporation, or organization who violates, disobeys, omits, or refuses to comply with any provisions of this ordinance or lawful order of the zoning administrator, planning commission, zoning board of appeals, or city council issued pursuant to this ordinance shall be responsible for a civil infraction punishable by the sanctions set forth in this section. Each day that a violation continues may be deemed a separate infraction.

(b)

The zoning administrator, building official, and law enforcement officers are authorized to issue municipal civil infraction citations and municipal civil infraction violation notices for violation of the provisions of this ordinance.

(c)

The sanction for any violation of this ordinance which is a municipal civil infraction shall be a civil fine as provided herein, plus any costs, damages, expenses, and other sanctions authorized under Public Act No. 236 of 1961 (MCL 600.8701 et seq.) and the city code.

(1)

Increased civil fines will be imposed for repeated violations that occur within a six-month period. Civil fines for first offenses, repeat first offenses, and repeat second offenses will be established from time to time by resolution of the city council or the city code.

(2)

The city shall also be entitled to equitable relief to abate the violations and to such other relief as may be available to the city pursuant to the Michigan Revised Judicature Act of 1961, Public Act No. 236 of 1961 (MCL 600.8301 et seq., 600.8701 et seq.).

Chapter 42, Part II of the code of ordinances, known as the "City of Portland Zoning Ordinance," adopted May 1, 2023, and all amendments thereto, are hereby repealed as of the effective date of this ordinance specified in section 19-3. The repeal does not affect any act done or offense committed, or any liability, penalty, forfeiture, or punishment acquired thereunder. The repeal does not include the Official Zoning Map of the City of Portland, which is hereby adopted as a part of this ordinance. The repeal also does not include any existing approved PUD ordinances, except as may be specifically provided herein.

The various parts, sentences, paragraphs, sections, and clauses of this ordinance are hereby declared to be severable. If any part, sentence, paragraph, section, or clause of this ordinance is adjudged unconstitutional or invalid by a court or administrative agency of competent jurisdiction, the unconstitutionality or invalidity shall not affect the constitutionality or validity of any remaining provisions of this ordinance.

A public hearing having been held as required by the Zoning Act, the provisions of this ordinance are hereby adopted, and shall take May 11, 2023.