1900.   Administering officer.

The provisions of this Ordinance shall be administered by the City Manager, or by such deputies of his office as he may delegate for such work. He shall make general rules and prescribe the use of such forms and methods consistent with the intent of the Ordinance as may facilitate the work.

(Ord. No. 362-91, § 1, 12-16-91)

1901.   Records.

A record of each certificate of occupancy issued or applied for and each application for a building permit issued or applied for shall be kept on file in the department and such record shall be available at all times.

(Ord. No. 362-91, § 1, 12-16-91)

1902.   Building permit.

No building permit shall be issued for the erection of or alteration to any structure or part thereof which is not in accordance with the provisions of this Ordinance.

(Ord. No. 362-91, § 1, 12-16-91)

1903.   Certificate of occupancy.

No structure shall be occupied nor land used until a certificate of occupancy has been issued for such occupancy or use, which occupancy of use shall be in compliance with the provisions of this Ordinance. No structure or use shall be changed until a certificate has been issued for the changed structure or use.

(Ord. No. 362-91, § 1, 12-16-91)

1904.   Performance guarantees.

In lieu of completing certain site improvements that are required by the provisions of this Ordinance in order to obtain a Certificate of Occupancy, a performance guarantee, as set forth below, may be deposited with the City. Such performance guarantee will provide assurance that the specified improvements will be accomplished and, upon the deposit of the guarantee, a Temporary Certificate of Occupancy may be issued. The City may also require that certain temporary improvements be completed as a condition for issuing a Temporary Certificate of Occupancy.

1.

Scope of improvements. A performance guarantee may be deposited to insure completion of specific site improvements required as a condition of a proposed use as stipulated in any of the provisions of this Ordinance or as may be required as a condition of Site Plan Review or Conditional Use approval. Such improvements may include any or all of the following: surfacing of parking areas, lighting improvements, sidewalks, fences, greenbelt screening, walls, landscaping, utilities and/or drainage improvements.

2.

Form of the performance guarantee. Performance guarantee shall mean a cash deposit, certified check, or irrevocable bank letter of credit. Such performance guarantee shall be in an amount sufficient to cover the estimated cost of the designated improvements and shall be deposited with the Clerk of the City of Sault Ste. Marie to insure faithful completion of the designated improvements. The amount of the guarantee shall be sufficient to insure completion of the specified improvements and shall be initially determined by the applicant, but subject to final verification or determination by the administrating official. Upon deposit of the performance guarantee the City shall cause the guarantee to be placed in an interest-bearing account with the interest accruing to the applicant.

3.

Rebates. At the minimum, the City shall rebate to the applicant fifty (50) percent of the deposited funds when fifty (50) percent of the required improvements are completed as confirmed by the administrating official, and the remaining fifty (50) percent when the designated improvements are completed in accordance with the approved plans. An accelerated rebate schedule is permitted if both the applicant and the administering official agree, provided that there are always sufficient funds left in the performance guarantee deposit to insure completion of the designated improvements.

4.

Default. If the improvements for which the performance guarantee has been deposited have not been completed with sixty (60) days of the date of the issuance of the Temporary Certificate of Occupancy, then the applicant shall be deemed to have forfeited the performance guarantee. The time period of November 15 through April 15, inclusive, shall not be counted in the calculation of required time period for completion of the improvements. The sixty (60) days may be extended for good cause at the sole discretion of the administrating official.

5.

Completion of improvements by City. In the event the applicant defaults in making the improvements for which the performance guarantee was required, the City shall have the right to use the performance guarantee to complete the improvements through contract or otherwise, including specifically, the right to enter upon the subject property to make the improvements. Should the City use the performance guarantee or portion thereof, to complete the required improvements, any amounts remaining after said completion shall be applied first to the City's administrative costs in completing the improvements, with any balance remaining being refunded to the applicant.

6.

Agreement required. At the time the performance guarantee is deposited with the City, the applicant shall enter into an agreement incorporating the provisions hereof with the City regarding the performance guarantee.

(Ord. No. 362-91, § 1, 12-16-91)

1905.   Certificates for dwelling accessory buildings.

Buildings accessory to dwellings shall not require separate Certificates of Occupancy but may be included in the Certificate of Occupancy for the dwelling when constructed at the same time as such dwelling.

(Ord. No. 362-91, § 1, 12-16-91)

1906.   Application for Certificate.

Application for Certificate of Occupancy shall be made in writing to the administrating official on forms furnished by him, and such Certificates shall be issued within seven (7) days after receipt of such application if the official determines that the building or structure, or part thereof, or the use of land is in compliance with the provisions of this Ordinance.

If such Certificate is refused for cause, the applicant shall be notified in writing of such refusal and cause thereof, within the aforesaid seven-day period.

(Ord. No. 362-91, § 1, 12-16-91)

[1907—1909. Reserved.]

1910.   Conditional uses, exceptions and special land uses.

There are some uses which may be compatible with principal permitted uses in specific zoning districts if certain conditions are met. The Planning Commission shall review each such use to determine whether the conditions so identified, and the general conditions listed below, have been met. Upon a determination that conditions have been satisfied, a conditional use permit shall be issued.

1.

General conditions. The Planning Commission shall review each conditional use and may attach such conditions as deemed necessary to ensure that:

a.

The use is so located and arranged on the site as to avoid undue noise and other nuisances and dangers;

b.

The development of the use is such that the proper use and enjoyment of adjoining property is not significantly impaired;

c.

The size and scale of the use is such that existing public services and facilities are adequate to serve the proposed use;

d.

The specific development proposal is consistent and in harmony with the master plan, the surrounding land uses and the zoning ordinance;

e.

The granting of the conditional use will not be harmful to the public safety, health or welfare.

2.

Application. An application for a conditional use permit shall be filed in writing with the Administrating Officer, and verified by the owner. The application shall include the following information:

a.

Name, address, and telephone number of the person seeking the conditional use;

b.

Legal description of the land;

c.

A detailed description of the proposed use and a description of neighboring land use including any map and graphics;

d.

A detailed site plan, to scale, showing property line dimensions; existing and proposed structures, drives parking areas, streets, alleys, sidewalks, walls, fences and landscaping; the size and location of all utility and the existing and proposed drainage systems.

e.

A fee payable to the City of Sault Ste. Marie shall accompany an application for a conditional use permit. The fee amount shall be as established or as change from time to time by the City Commission.

3.

Procedure. If the application is complete, the administrating officer shall schedule a public hearing and provide notice of such hearing in accordance with the provisions of section 1912.

a.

At the hearing, the applicant may present his proposal and the public shall be heard.

b.

Conditions as may be attached to the approval of a conditional use shall be binding and failure to meet the conditions shall be deemed a violation of this section.

c.

The decision on a conditional use shall be incorporated in a statement of findings and conclusions relative to the request under consideration.

d.

The decision by the Planning Commission shall be final, except that an aggrieved party may appeal a decision to the Board of Appeals under its jurisdiction of administrative review.

4.

Permit; expiration, extension. A conditional use permit expires six (6) months after Planning Commission action if no building permit is obtained. The Commission may grant time extensions upon a finding that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use. No public hearing shall be required prior to granting a time extension.

(Ord. No. 242A-84, 8-6-84; Ord. No. 375-93, § 1, 6-21-93; Ord. No. 489-06, § 1, 9-18-06; Ord. No. 533-12, § 1, 6-18-12)

1911.   Site plan review.

In order to determine compliance with the provisions of this Ordinance and to ensure that public services and facilities affected by a proposed land use or development will be capable of accommodating increased service and facility loads, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land and to promote the use of land in a desirable manner, a site plan shall be required as set forth below. No land use or development for which a site plan is required shall commence construction, nor shall any building permit be issued, until the site plan has been reviewed and approved by the Planning Commission or the administrating official.

1.

When required. A site plan shall be submitted to the City for approval of:

a.

Any land use or development for which the submission of a site plan is required by any provision of this Ordinance.

b.

Any land use or development, except single-family and two-family dwellings, for which off-street parking areas are required.

c.

Any land use or development for which an obscuring fence, wall or greenbelt is required.

d.

All site condo and condominium subdivisions developed pursuant to the Condominium Act.

e.

Any expansion of or change in an existing land use if more parking in addition to that already provided is required.

2.

Application. Five (5) copies of a site plan containing the following information shall be submitted for review.

a.

A scale of not less than fifty (50) feet to the inch if the property is less than three (3) acres in size and one hundred (100) feet to the inch if the property is three (3) acres or more.

b.

Date, northpoint and scale.

c.

The dimensions of all lot and property lines, showing the relationship of the subject property to abutting properties.

d.

The location of all existing and proposed structures on the subject property and all existing structures within one hundred (100) feet of the subject property.

e.

The location, dimensions, and details of all existing and proposed drives, parking areas, loading and unloading areas, signs, curb cuts, lighting, access easements, trash receptacles, streets, alleys, sidewalks, walls, fences, required landscaping, and other associated site features.

f.

The size and location of all existing and proposed public and private utilities.

g.

Location and method for collecting and disposing of surface water drainage.

h.

A legal description of the land included in the site plan.

i.

The name, address and telephone number of the owner, developer and designer, together with a signed statement that the applicant is the owner of the property or officially acting on the owner's behalf.

j.

Any other information necessary to establish compliance with this Ordinance.

3.

Major projects; procedure. All developments greater than three thousand five hundred (3,500) square feet of structure, or larger than two (2) acres in size, or which are adjacent to or within a single-family or two-family residentially zoned district, and exceed two thousand (2,000) square feet of structure, or which are regulated as conditional uses in this Ordinance, are considered major projects which require review and action by the Planning Commission pursuant to the requirements below. If the application is complete, the administrating official shall place the site plan on the next Planning Commission meeting agenda.

a.

The Planning Commission shall review the site plan in accordance with the provisions of this Ordinance. Each site plan shall comply with the "Standards for Granting a Site Plan Approval" as described in subsection 5 below.

b.

The Planning Commission shall obtain recommendations from such appropriate City departments as may be required in order to determine compliance with such ordinances and standards administered by such respective department.

c.

The Planning Commission may take any of the following actions with regard to a site plan review.

1.

Approval: If the site plan is in compliance with all provisions of this Ordinance and the particular provisions of this section, the Planning Commission shall approve the site plan.

2.

Conditional approval: If the site plan is in substantial compliance with all provisions of this Ordinance and section and can be modified to be brought into full compliance, the Planning Commission may conditionally approve the site plan, with the provisions that no building or development permits may be issued until the plan has been modified in accordance with the conditions. Conditions as may be attached to the approval of a site plan shall be binding, and failure to meet these conditions shall be deemed a violation of this Ordinance.

3.

Denial: If the site plan is not in compliance with all the provisions of this ordinance and section the Planning Commission shall deny the site plan.

d.

All site plans shall be acted upon within forty-five (45) days of receipt of a complete application meeting the requirements set forth in subsection 2 above.

e.

Upon action by the Planning Commission, the plans shall be marked with the action of the Commission, signed by the Chairman, and distributed to the Building Department for filing and one (1) copy returned to applicant.

f.

The decision by the Planning Commission shall be final, except that any aggrieved party may appeal a decision to the Zoning Board of Appeals under its jurisdiction of administrative review. The appeal must be filed within twenty-one (21) days of formal notice of the decision and shall state the factual basis for the appeal. An appeal shall stay action on the issuance of any permit pursuant to an approved site plan. The Zoning Board of Appeals shall review the record of action taken on the site plan and determine whether the record of action taken on the site plan supports the action taken. No new evidence shall be presented. The Zoning Board of Appeals shall make written findings in support of its decision on the appeal. Such decision shall be final unless an appeal shall be made within twenty-eight (28) days to the Chippewa County Circuit Court. Review by the Circuit Court shall be limited in accordance with applicable statutes and court rules.

4.

Minor projects; procedure. All developments, other than those enumerated under the procedure for major projects are minor projects, which require review and action by the administrating official. In addition, the following developments are minor projects, subject to review and action by the administrating official:

[a.]

Accessory uses incidental to a conforming existing use.

[b.]

Expansions and/or additions to an existing conforming use, providing such expansion is not larger than three thousand five hundred (3,500) square feet of structure or two (2) acres in project size, or not larger than two thousand (2,000) square feet of structure when adjacent to or within a single-family or two-family residentially zoned district.

[c.]

Increases in off-street parking areas and loading spaces.

[d.]

Any other site plan not delegated for review to the Planning Commission.

If the application is complete, the administrating official shall date the application.

a.

The administrating official shall review the site plan in accordance with the provisions of the Ordinance. Each site plan shall comply with the "Standards for Granting a Site Plan Approval" as described in section 5 below.

b.

The administrating official shall obtain recommendations from such appropriate City departments as may be required in order to determine compliance with such ordinances and standards administered by such respective departments.

c.

The administrating official may take any of the following actions with regard to a site plan review:

1.

Approval: If the site plan is in compliance with all provisions of this Ordinance and the particular provisions of this section, the administering official shall approve the site plan.

2.

Conditional approval: If the site plan is in substantial compliance with all provisions of this Ordinance and section and can be modified to be brought into full compliance, the administering official may conditionally approve the site plan, with the provision that no building or development permits may be issued until the plan has been modified in accordance with the conditions. Conditions as may be attached to the approval of a site plan shall be binding, and failure to meet these conditions shall be deemed a violation of this Ordinance.

3.

Denial: If the site plan is not in compliance with all the provisions of this Ordinance and section, the administrating official shall deny the site plan.

d.

All site plans shall be acted upon with[in] forty-five (45) days receipt of a complete application meeting the requirements set forth in subsection 2 above.

e.

Upon action by the administrating official, the plans shall be marked with the action taken, and distributed to the Building Department for filing and one (1) copy returned to applicant.

f.

A decision by the administrating official may be appealed to the Planning Commission. The appeal must be filed with[in] twenty-one (21) days of formal notice of the decision and state the factual basis for the repeal. The Planning Commission shall review the application in accordance with the provisions of subsection 3 of this Chapter.

5.

Standards for granting a site plan approval. Each site plan shall conform to all applicable provisions of this Zoning Ordinance, and shall be so designed and laid out [so that it] will ensure that:

a.

All elements of the development will be harmoniously and efficiently organized in relation to topography, the size and type of the lot, the character of adjoining property and the type and size of buildings.

b.

The site will be so developed as to not impede the normal and ordinary development or improvement of surrounding property for uses permitted in this Ordinance.

c.

Satisfactory and harmonious relationships between the development on the site and existing and prospective development on contiguous land will exist.

d.

Site drainage is adequate and will not adversely affect neighboring properties.

e.

Vehicular and pedestrian traffic both within and adjacent to the site is safe and convenient and respective of the pattern of existing or planned streets, pedestrian or bicycle pathways in the area.

f.

Reasonable visual and sound privacy is ensured for adjacent residential areas.

g.

Emergency vehicles have practical means of access to all buildings or groups of buildings.

h.

All loading and unloading areas, trash storage areas, trash receptacles and any outside storage areas are properly screened from residential areas or public streets.

In its review of a site plan, the Planning Commission or the administrating official may require such landscaping, fences, walls or greenbelts or such other changes as may be required in pursuance of these standards, and same shall be provided as a condition of the use to which they are appurtenant.

6.

Conformity to site plan required. Following approval of a site plan by the Planning Commission or administrating official, the applicant shall construct the site plan improvements in complete conformity with the approved plan. Failure to do so is a violation of this Ordinance and subject to the sanctions of section 10-1.25.

7.

Expiration, extensions. A site plan review approval or conditional approval expires twelve (12) months after the Planning Commission or Administrating Official action if no building permit is obtained. The original approving authority (the Commission or administrating official) may grant time extensions upon a finding that circumstances have not changed sufficiently to warrant reconsideration of the approval or conditional approval.

8.

Amendments to approved site plan. Amendments to an approved site plan may be made by the Planning Commission or the administrating official provided that such changes conform to the Zoning Ordinance. The applicant shall submit any proposed amendments in writing to the administrating official.

a.

Minor changes in any site plan may be approved by the administrating official provided no such change results in any of the following:

(1)

A significant change in the use or character of the development;

(2)

An increase in overall coverage of main structures;

(3)

A reduction in required off-street parking and loading.

Such minor changes may include: Minor changes in the location of building walls, not to exceed ten (10) feet, changes in the design of lighting fixtures, moving of ingress or egress drives a distance of not more than one hundred (100) feet, changing the angle of parking spaces or aisle width; or substituting landscaping plant species.

b.

If the administrating official finds that a proposed amendment to an approved site plan does not qualify as a minor change, he shall advise the applicant in writing that the proposed amendment must be submitted to the original approving authority for approval.

9.

Other approvals. In cases when a development project must meet other local, state or federal laws or regulations in addition to the provisions of the Ordinance, it is the sole responsibility of the applicant to obtain approval from the local, state, or federal agency administering such law or regulations. If such approval requires a change in an approved site plan, the applicant must obtain an amendment to the site plan in accordance with the criteria set forth in subsection 8 above.

(Ord. No. 363-91, § 1, 12-16-91; Ord. No. 533-12, § 1, 6-18-12; Ord. No. 583-18, § 1, 6-18-18)

1912.   Public hearing notice requirements.

Wherever a provision of this section requires a public hearing, notice of such public hearing shall comply with the Michigan Zoning Enabling Act, PA 110 of 2006, as amended, and any other provisions of this section with regard to public notification.

1.

Notice shall be published in a newspaper of general circulation not less than fifteen (15) days before the date of the public hearing.

2.

Notice shall be given by first-class mail or personal delivery to the owners of property that is the subject of the request. Notice shall also be given by mail or personal delivery to all persons to whom real property is assessed within three hundred (300) feet and to the occupants of all structures within three hundred (300) feet of the property that is the subject of the request regardless of whether the property or occupant is located in the zoning jurisdiction. Notification need not be given to more than one (1) occupant of each dwelling unit or separately owned or leased spatial area. If a single structure contains more than four (4) dwelling units or separately owned or leased spatial areas, notice may be given to the manager of the structure who shall be requested to post the notice at the primary entrance to the structure. If an occupant's name is not known, the term "occupant" may be used. The notice shall be given not less than fifteen (15) days before the date of the public hearing. The notice shall include the following:

a.

Describe the nature of the request;

b.

Identify the property that is the subject of the request, including the street address or addresses if they exist;

c.

State when and where the request will be considered;

d.

Indicate when and where written comments will be received concerning the request.

3.

If eleven (11) or more adjacent properties are proposed for rezoning, then notice shall be published in a newspaper of general circulation according to section 1912.1. Addresses as specified under section 1912.2(b) shall not be required to be included in the notice. Giving notice to property owners and occupants as specified in section 1912.2 shall not be required.

4.

Notice shall be given by first-class mail or personal delivery to each electric, gas, and pipeline public utility company, each telecommunications service provider, each railroad operating within the district or zone affected, and the airport manager of each airport, that registers its name and mailing address with the City clerk for the purpose of receiving such notice. The notice shall be given not less than fifteen (15) days before the date of the public hearing.

5.

Notice shall be considered given when personally delivered or when deposited during normal business hours for delivery with the United States postal service or other public or private delivery service.

(Ord. No. 489-06, § 1, 9-18-06; Ord. No. 533-12, § 1, 6-18-12)