The City Planning Commission is authorized by the provisions of the Municipal Planning Commission Act, being Act 285 of the Public Acts of 1931, as amended, which states that the Planning Commission shall be appointed by the City Council. For the purposes of administering this Zoning Code and by authority of the City and Village Zoning Act, being Act 207 of the Public Acts of 1921, as amended, the City Council may appoint the City Planning Commission to perform the duties of the zoning board as specified in said Act.

(Ord. 52. Passed 6-16-97.)

   The Planning Commission is authorized to adopt rules of procedure consistent with the statutes of Michigan, the provisions of the City Charter, and the provisions of this Zoning Code. The Planning Commission as directed by the City Council shall develop and administer this Zoning Code. All matters pertaining to the amendment or the changing of the text of this Zoning Code or the Zoning Map or for a special use permit request shall be referred to the Planning Commission. For each request for an amendment or change of this Zoning Code or for a special use permit, the Planning Commission shall review the request, conduct a public hearing, and forward recommendations for approval, conditional approval, or denial to the City Council, which shall make the final decision on the request.

(Ord. 52. Passed 6-16-97.)

   For the purposes of administering this Zoning Code, all matters concerning zoning shall be directed to the City Council for referral to the appropriate official, commission, or board for proper action. In any case which will involve an amendment or change to the text or Map of this Zoning Code, the City Council shall adopt a resolution directing the Planning Commission to conduct a public hearing and to make recommendations back to the City Council for final legislative action.

(Ord. 52. Passed 6-16-97.)

   The Zoning Administrator shall be charged with administering this Zoning Code. The Zoning Administrator may be employed in accordance with Section 5 of Act 285 of the Public Acts of 1931, as amended, and the provisions of the City Charter.

(Ord. 52. Passed 6-16-97.)

   (a)   The Zoning Administrator shall be responsible for the updating and maintenance of the "official copy" of this Zoning Code text and Map. He or she shall be thoroughly familiar with the provisions of this Zoning Code in order to administer it adequately.

   (b)   The Zoning Administrator shall make periodic checks of all properties in the City to assure compliance with this Zoning Code. Any violations of this Zoning Code shall be reported in writing to the City Council for further action.

   (c)   The Zoning Administrator shall receive all requests for rezoning, ordinance amendments, variances, and special use permits, and forward these requests to the proper board or commission, or Council. He or she shall, under no circumstances, be permitted to make changes in any part of this Zoning Code or to vary the terms of this Zoning Code in carrying out his or her duties as Zoning Administrator.

   (d)   Prior to the issuance of a building permit for any structure or use permitted by the provisions of this Zoning Code, the Zoning Administrator shall review all applications and documentation and issue a zoning permit stating that the proposed use is in compliance with the provisions of this Zoning Code.

   (e)   The Zoning Administrator shall act as administrative staff to the City Council, the Planning Commission, and the Zoning Board of Appeals. Any information, data, or statements presented to these bodies by the Zoning Administrator shall be purely advisory in nature for the purpose of clarification and coordination and will not restrict decisions made by these bodies.

(Ord. 52. Passed 6-16-97.)

   (a)   Official public hearings shall be conducted by the respective agency, board, commission, board of appeals, or legislative body at any time this Zoning Code is amended, supplemented, changed, or otherwise altered, or in any circumstance in which a public hearing is required by State-enabling legislation, the City Charter, or this Zoning Code.

   (b)   Each public hearing shall be for the purpose of permitting residents and property owners to state views, opinions, suggestions, and questions about the item for which the hearing is being held. Public hearings shall be open for public attendance and participation within the procedures adopted for conducting such hearings.

   (c)   Each public hearing shall be conducted in accordance with the procedures adopted by the respective board or commission, or Council. An official record of each public hearing shall be made by means of a verbatim transcript, a copy of which shall be maintained as a public record.

(Ord. 52. Passed 6-16-97.)

   (a)   For each proposed amendment to this Zoning Code, the City Council, by resolution, shall direct the Planning Commission to conduct at least one public hearing and to forward its recommendations for approval or denial to the City Council. For each proposed amendment for which the Planning Commission has forwarded its recommendation, the City Council shall conduct at least one public hearing.

   (b)   Each public hearing shall be announced not less than fifteen days prior to the date of the hearing by publication in a newspaper of general circulation in the community and by registered mail to all public utilities and railroads operating within the corporate limits of the City. Each public hearing notice shall state the date, time, and place of the public hearing.

(Ord. 52. Passed 6-16-97.)

   For each application for a special use permit, the Planning Commission shall conduct a public hearing in accordance with procedures outlined in this Zoning Code. Matters to be considered shall meet the provisions as stipulated for respective uses in accordance with this Zoning Code.

(Ord. 52. Passed 6-16-97.)

   Fees relating to zoning, including special use permit fees, Zoning Board of Appeals application fees, zoning amendment fees, and sign permit fees, shall be as established from time to time by Council.

   (a)   Any owner or agent and any person or corporation who shall violate any of the provisions of this Zoning Code or fail to comply therewith or with any of the requirements thereof, or who shall erect, structurally alter, enlarge, rebuild, or move any building or buildings or any structure or put into use any lot or land in violation of any detailed statement or plan submitted hereunder, or who shall refuse reasonable opportunity to inspect any premises, shall be liable to a fine of not more than two hundred dollars ($200.00) or to imprisonment for not more than ninety days, or to both such fine and imprisonment. Each and every day such violation continues shall be deemed a separate and distinct violation.

   (b)   The owner of any building or structure, lot or land or part thereof, where anything in violation of this Zoning Code shall be placed or shall exist, and any architect, builder, contractor, agent, person, or corporation employed in connection therewith and who assists in the commission of such violation, shall each be guilty of a separate violation and, upon conviction thereof, shall each be liable to the fine or imprisonment, or both, as specified in this section.

   (c)   Any property owner's failure to maintain a fence in proper repair or in a safe condition shall, after ten days written notice by the City requiring his or her abatement of the problem, result in action to be taken by the City to have said fence removed or repaired at the present property owner's expense, and such legal action as may be required to collect all expenses incurred by the City.

(Ord. 52. Passed 6-16-97.)