This chapter shall be administered and enforced by the Zoning Administrator being duly designated and appointed by the City Commission.

(1993 Code, § 154.215) (Ord. 84-1, passed 1-3-1984)

   (A)   It shall be the responsibility of the Zoning Administrator to enforce the provisions of this chapter and in so doing shall perform the following duties:

      (1)   Issue certificates of zoning compliance; special use permits, variances. All applications for local zoning approval shall be submitted to the Zoning Administrator who may issue the permits and certificates of occupancy only when all applicable provisions of this chapter have been met, and approval has been granted by the proper body or official;

      (2)   Record applications. The Zoning Administrator shall maintain files of all applications for all zoning requests and shall keep records of all zoning requests granted. These shall be filed in the City Office and shall be open to public inspection. Copies shall be furnished at cost upon the request of any person having a proprietary or tenancy interest in the property involved;

      (3)   Inspections. The Zoning Administrator shall be empowered to make inspections of buildings or premises in order to properly carry out the enforcement of this chapter;

      (4)   Record nonconforming uses. The Zoning Administrator shall keep a record of nonconforming uses of land existing on the effective date of this chapter for the purposes of carrying out the provisions of §§ 153.060 through 153.063;

      (5)   Record of complaints. The Zoning Administrator shall keep a record of every documented complaint of a zoning violation of any of the provisions of this chapter. The record shall show the action taken consequent to each complaint. The records shall be public records;

      (6)   Reports.

         (a)   Report to City Commission. The Zoning Administrator shall report to the City Commission periodically, at intervals of not greater than once each 12 months, summarizing for that period all certificates of zoning compliance, special use permits, and variances issued; and all complaints of violation and the action taken.

         (b)   Report to Planning Commission. The Zoning Administrator shall make some report available to the Planning Commission of actions taken under the authority of this chapter.

      (7)   Revocation of permits, special use permits, and variances.

         (a)   With proper notice given, the Zoning Administrator shall have the power to revoke or cancel any permit in case of failure or neglect to comply with any of the provisions of this chapter, or in case of any false statement or misrepresentation made in the application. The provisions of §§ 153.312 and 153.999 shall be invoked. Upon the revocation, all further construction activities and usage shall cease upon the site, other than for the purpose of correcting the violation.

         (b)   Where zoning compliance is a prerequisite for a county building permit, the notification shall also be given to the county in order to determine compliance with county administrative requirements.

   (B)   Under no circumstances is the Zoning Administrator permitted to make changes in this chapter, nor to vary the terms of this chapter while carrying out the duties prescribed herein. It shall be the responsibility of the City Commission to assure that the Zoning Administrator enforces the provisions of this chapter.

(1993 Code, § 154.216) (Ord. 84-1, passed 1-3-1984) Penalty, see § 153.999

   (A)   Prior to obtaining a county building permit, the development of a new use, the moving of any structure, the restoration and structural improvement (other than normal repairs and minor improvements) of any existing use or structure, or the conversion from one use to any other use, a certificate of zoning compliance shall first be obtained from the Zoning Administrator. For use permitted only by special use permit, see § 153.304.

   (B)   (1)   Contents of application. Among the information to be supplied by the applicant and which shall constitute the application package, the following shall be included:

         (a)   Name and address of applicant or applicants;

         (b)   Location, shape, area, and dimension of the lot, and of the proposed structure or improvement (shown on a site plan);

         (c)   Description of proposed use and of the building (dwelling, structure, barn, garage, and the like) or improvement;

         (d)   The proposed number of sleeping rooms, dwelling units, occupants, employees, customers, and other users;

         (e)   The yard, open space, and parking space dimensions as shown on a site plan;

         (f)   A site plan, where required; and

         (g)   In the case where the current use is commercial or industrial, not publicly sewered, and the application is to change, convert, add, or expand the commercial or industrial use, a statement from the County Sanitarian must be submitted certifying that the present on-site septic disposal system is adequate to meet the needs of the changed, converted, added, or expanded use after development.

      (2)   Fee. A fee as may be set by the City Commission and listed in the schedule of fees (see § 153.308) shall accompany any plans or applications in order to defray the cost of administration and inspection.

      (3)   General procedural steps. Upon submission of an application, the Zoning Administrator:

         (a)   Reviews the application package:

            1.   To make sure that it is the proper application for the zoning action requested;

            2.   To see that all required information is submitted; and

            3.   To determine conformance with all zoning regulations, except those waived by variance from the Zoning Board of Appeals.

         (b)   Takes one or more of the following preliminary actions:

            1.   Requests from the applicant that any omitted or pertinent and necessary information now be submitted;

            2.   If necessary, requests the Board of Appeals to interpret an unclear chapter provision;

            3.   Where required, reviews site plan according to site plan review standards for approval as set forth in § 153.076;

            4.   If necessary, discusses the application and site plan with the Planning Commission for advisory comments; or

            5.   Makes a site inspection to verify accuracy of the application and to gather additional information.

      (4)   Issuance of certificate. Upon satisfaction of the standards for site plan review/approval, and of any additional requirement or conditions that may be needed to meet those standards, the Zoning Administrator shall approve site plan and issue a certificate of zoning compliance. One copy shall be returned to the owner or applicant. A performance bond may be required by the city to ensure compliance with any imposed or proposed public improvements, requirements, specifications, and conditions.

      (5)   Denial of certificate. If the application is denied by the Zoning Administrator the reason or cause for denial shall be stated in writing.

      (6)   Duration. A certificate of zoning compliance shall be valid for one year. A valid certificate is eligible for an additional six-month extension granted by the Zoning Administrator as a reasonable length of time within which to secure a county building permit or to institute the use.

      (7)   Inspection. At least two site inspections by the Zoning Administrator must be held: one prior to issuance of a certificate of zoning compliance, and one prior to occupancy. See § 153.303.

      (8)   Cancellation of permit. See §§ 153.301(A)(7), and 153.312 and 153.999.

(1993 Code, § 154.217) (Ord. 84-1, passed 1-3-1984)

   (A)   Required. After development, but prior to occupying a new structure, using land in a different intensity than before, or occupying an existing structure, parcel, or property with a new type of use other than what previously existed, a certificate of occupancy must be obtained from the city. The certificate of occupancy is granted after an inspection and is intended to ensure local zoning compliance. It is intended to ensure that:

      (1)   After construction, the newly developed structure is the one which has been approved;

      (2)   Before occupancy, a new use is the same as the use which was approved; and

      (3)   Both structure and use comply with all zoning requirements and any conditions previously imposed.

   (B)   General procedural steps.

      (1)   Upon notification by the applicant to the Zoning Administrator that the structure and or use is ready for inspection, the Zoning Administrator:

         (a)   Shall contact applicant to establish a mutually agreed-upon date and time for inspection;

         (b)   Researches and reviews any known records relating to the site in question; and

         (c)   Inspects for compliance with zoning requirements and with any previous imposed conditions.

      (2)   Upon inspection, the Zoning Administrator takes one of the following actions:

         (a)   Issues the certificates of occupancy;

         (b)   Delays issuance subject to completion of alterations necessary to achieve full compliance and follow-up inspection; or

         (c)   Denies the certificate of occupancy in writing based on inspection findings of noncompliance with the chapter, and initiates enforcement action pursuant to chapter requirements.

(1993 Code, § 154.218) (Ord. 84-1, passed 1-3-1984)

   (A)   Prior to construction or physical development of a proposed special use, as specified by this chapter, a required special use permit must be obtained. An application for a special use permit must be made to the Zoning Administrator.

   (B)   (1)   Contents of application. Among the data to be supplied by the applicant and which shall constitute the application package, the following shall be included:

         (a)   Names and addresses of applicant or applicants;

         (b)   Location, shape, area, and dimension of the lot, and of the proposed structure or improvement (shown on the site plan);

         (c)   Description of proposed use and of the building (dwelling, structure, barn, garage, and the like) or improvement;

         (d)   The proposed number of sleeping rooms, dwelling units, occupants, employees, customers, and other users;

         (e)   The yard, open space, and location of parking spaces as shown on the site plan; and

         (f)   A required site plan, which must be approved before any granting of a special use permit.

      (2)   Fee. A fee as set by the City Commission and listed in the schedule of fees (see § 153.308) shall accompany any plans or applications in order to defray the cost of administration and inspection.

(1993 Code, § 154.219) (Ord. 84-1, passed 1-3-1984)

   Upon submission of an application for a special use permit, the following takes place:

   (A)   The Zoning Administrator:

      (1)   Reviews application package:

         (a)   To make sure that it is the right application for zoning action requested;

         (b)   To ensure all required information is submitted; and

         (c)   To make sure that the proposed use is permitted in a particular district by special use permit.

      (2)   Takes one or more of the following actions:

         (a)   Requests from the applicant that any omitted or necessary information now be submitted;

         (b)   If necessary, seeks chapter interpretation from the Board of Appeals;

         (c)   Make advisory comments about the site plan based on site plan review standards; and/or

         (d)   Forwards the complete application with comments to the Planning Commission for review and approval.

   (B)   The Planning Commission:

      (1)   Reviews the site plan according to site plan review standards, as set forth in this chapter. See § 153.077;

      (2)   Reviews the proposed special use according to standards for special use permits, as set forth in this chapter. See § 153.096;

      (3)   Reviews for compliance with any and all additional site facility design requirements and standards, as may be required by this chapter;

      (4)   (a)   In a newspaper of general circulation, gives public notice not less then 15 days before the date of the hearing of receipt of an application for a special use permit which:

            1.   Describes the nature of the special use request;

            2.   Indicates the property in question;

            3.   States the time and place where the special use request will be considered;

            4.   Indicates when and where written comments will be received concerning the request; and

            5.   Indicates that a public hearing by the Planning Commission on the proposed special use is optional, but may be requested by any owner of property or the occupant of any structure located within 300 feet of the boundary of the property being considered for a special use permit.

         (b)   This notice is also mailed or delivered to property owners and occupants within 300 feet of the property in question. These notices must be given not less than 15 days before the date on which the application is to be considered. An affidavit of mailing or delivery of notice must be maintained. All public input is considered and evaluated. A summary of the public comments should be retained for the record.

      (5)   (a)   Advertises and holds a public hearing, but only if requested by the Planning Commission, the applicant, or any owner of property or the occupant of any structure located within 300 feet of the boundary of the subject property. Proper notice of the public hearing shall be given in the same manner and content as described above in division (B)(4) above; except that the requirement set forth in division (B)(4)(a)5. of this section is omitted and it shall be known as the “notice of public hearing;” and further, that in addition to the requirement set forth in division (B)(4)(a)4. of this section, it be stated that oral comments will be received.

         (b)   In the case where the Planning Commission has first chosen to hold a public hearing, only the notice of hearing shall be given. A public notice of receipt shall be omitted.

(1993 Code, § 154.220) (Ord. 84-1, passed 1-3-1984)

   (A)   Conditional approval. Reasonable conditions may be required with the approval of a special land use by the Planning Commission. See § 153.097.

   (B)   Final approval, denial, or approval with conditions to be in writing. When an application for a special use permit is finally approved, denied, or approved subject to conditions, the decision must be incorporated into an official written statement which contains the conclusions relative to the special use permit request. The decision shall specify the basis for the decision, and any conditions which may be imposed in the case of approvals.

   (C)   Duration. An approved special use permit is valid for one year. A valid special use permit is eligible for an additional six-month extension granted by the Planning Commission as a reasonable length of time within which to secure a county building permit or to institute the special use. Also see § 153.098.

   (D)   Inspection. At least two site inspections by the Zoning Administrator must be held: one prior to development, and one before the use or structure is occupied. If development is phased or in stages, then one inspection per phase or stage shall be made.

   (E)   Cancellation of special use permit. See §§ 153.301(A)(7), and 153.312 and 153.999.

(1993 Code, § 154.221) (Ord. 84-1, passed 1-3-1984)

   (A)   Purpose. Upon authorizing any certificate of zoning compliance, special use permit, or variance, the body or official which administers the respective request, as designated by this chapter, may require that a cash or surety bond be submitted:

      (1)   To ensure compliance with any and all the requirements, specifications, and conditions imposed with the permit or variance; and

      (2)   To ensure the discontinuance of a temporary use by a stipulated time.

   (B)   Amount of bond. The amount of bond to be submitted by the applicant shall be equal to the total estimated cost of all required improvements and conditions of site plan and zoning approval, including contingencies. If development is staged or phased over time, a separate bond for each phase shall be submitted at the beginning of each phase as a prerequisite. All improvements and conditions shall be satisfactorily completed prior to issuance of a certificate of occupancy. However, one 9-month extension beyond issuance of a certificate of occupancy may be permitted by the Zoning Administrator.

   (C)   Return of performance bonds and rebates. During project development, as specific improvements and conditions of site plan and zoning approval are satisfactorily completed, as attested to by the Zoning Administrator, the City Commission shall direct the City Clerk to return or rebate a portion of the cash or surety bond equal to the cost of the specific improvement or condition complied with.

   (D)   Withholding and partial withholding of performance bonds. Upon the failure to comply with any or all of the requirements of this chapter, an approved site plan, or with any or all conditions of zoning approval, the bond, or portion thereof, shall be forfeited by the applicant. The City Commission shall determine the cost of the zoning and site plan requirements to be completed according to the most current construction prices, including the cost of administration. The amount determined shall be the amount of bond forfeited toward zoning enforcement upon the site, and/or toward completing the necessary improvements, requirements, or conditions of zoning approval upon the site.

   (E)   Performance bond for razing of building. The Zoning Administrator shall require a bond prior to the razing or demolition of principal structures and accessory structures having more than 144 square feet of floor area. The bond shall be determined according to a guideline of $15,000 for each 1,000 square feet or fraction thereof of floor area of the structure to be razed. The bond shall be conditioned on the applicant completing the razing within any reasonable period as shall be prescribed in the permit and complying with regulations as to health and safety as the Zoning Administrator, Fire Inspector, or the City Commission may from time to time prescribe, including filling of excavation and proper termination of utility connections.

(1993 Code, § 154.222) (Ord. 84-1, passed 1-3-1984)

   Upon the filing of an application for a certificate of zoning compliance, special use permit, Zoning Board of Appeals review, variance, or rezoning, an administrative fee shall accompany the application. The City Commission shall determine and set a schedule of fees to be charged. Fees shall be collected prior to processing of any requested permit, variance, appeals, rezoning, and the like.

(1993 Code, § 154.223) (Ord. 84-1, passed 1-3-1984)

   (A)   Establishment. A Zoning Board of Appeals (ZBA) is authorized in accordance with Public Act 110 of 2006, as amended, being M.C.L.A. §§ 125.3101 et seq., to carry out the responsibilities provided therein, and those delegated herein.

   (B)   Membership. There shall be a Zoning Board of Appeals which shall consist of the City Commission. The members shall serve without pay and act within their authority as set forth in this chapter.

   (C)   Powers and duties. The Zoning Board of Appeals shall have all the power and duties prescribed by law and by this chapter, which are more particularly specified as follows:

      (1)   Hear appeals. The Zoning Board of Appeals shall hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision, or refusal made by the Zoning Administrator or by any other city official in administering or enforcing any provisions of this chapter. Upon appeal, the Zoning Board of Appeals may reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination, as in its opinion ought to be made in the premises, and to that end shall have all the power of the city official from whom the appeal is taken, and may direct the issuance of a permit;

      (2)   Interpretation. The Zoning Board of Appeals shall have the power to:

         (a)   Interpret, upon request, the provisions of this chapter in a way as to carry out the intent and purpose of the chapter;

         (b)   Determine the precise location of the boundary lines between zoning districts, where uncertainty exists; and

         (c)   Classify a use which is not specifically mentioned as part of the use regulations of any zoning district so that it conforms to a comparable permitted or prohibited use (in accordance with the purpose and intent of each district), until the time when the unclassified use is properly assigned or classified by amendatory legislation.

      (3)   Variances. The Board shall have the power to authorize, upon appeal, variances from the specific requirements of this chapter, such as lot area and width regulations, building height and bulk regulations, use regulations, off-street parking and loading space requirements, and the like, provided all of the conditions listed in § 153.311 can be satisfied.

   (D)   General organization and procedures.

      (1)   Rules of procedure and decision-making. The Zoning Board of Appeals shall adopt its own rules of procedure as may be necessary to conduct its meetings and carry out its function. The Board shall choose its own chairperson, and in his or her absence, an acting chairperson. The ZBA shall formulate decisions based upon the standards and other various provisions of this chapter.

      (2)   Meetings. Meetings shall be held at times as the Zoning Board of Appeals may determine. All meetings by the Board shall be open to the public. The Board may declare any meeting, or part of any meeting, a study meeting to pursue matters of business without comment or interruption from the public attendance. A quorum is required.

      (3)   Records.

         (a)   Minutes shall be recorded of all proceedings which shall contain the evidence received, findings of fact, and data relevant to every case considered, together with the votes of the members and the final disposition of each case. The minutes shall be filed in the City Administration Office and shall be made available to the general public.

         (b)   The City Clerk shall act as Secretary to the Zoning Board of Appeals and all records of the Board’s action shall be taken and recorded under the City Clerk’s direction.

      (4)   Employers. The Board may employ clerical or other assistance as may be necessary, provided that it shall not at any time incur any expense beyond the amount of the appropriation made and then available for that purpose.

      (5)   Counsel. An attorney for the city may act as legal counsel for the ZBA and may be present at any meeting upon request.

      (6)   Hearings. Between 15 and 25 days from the date an appeal is filed, the Zoning Board of Appeals shall hold a hearing of the appeal. Notice of the hearing shall be published a newspaper of general circulation not less than 15 days before the date of the hearing. Notice of the hearing shall be given at least 15 days prior to the hearing to all persons to whom any real property within 300 feet of the premises in question shall be assessed; and to occupants of single- and two-family dwellings within 300 feet. Notice shall be delivered personally or by mail addressed to the respective owners and tenants at the address given in the last assessment roll. Upon the hearing, any party may appear in person, by agent, or by attorney.

      (7)   Decisions (voting). The final disposition of any matter by the Zoning Board of Appeals shall require the concurring vote of a majority of its members, except a two-thirds vote is required for use variances.

   (E)   Conditions of ZBA approval.

      (1)   Reasonable conditions may be required with the approval of a variance by the Zoning Board of Appeals. The conditions may include but are not limited to conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, 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 socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:

         (a)   Be designed to protect natural resources, the health, safety, and welfare, and the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole;

         (b)   Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity; and

         (c)   Be necessary to meet the intent and purpose of this chapter, be related to the standards established in this chapter for the land use or activity under consideration, and be necessary to ensure compliance with those standards.

      (2)   The conditions imposed with respect to the approval of a special land use shall be recorded in the record of the approval action, and shall remain unchanged except upon the mutual consent of the Zoning Board of Appeals and the land owner. The Zoning Board of Appeals shall maintain a record of conditions which are changed.

      (3)   In the event the Zoning Board of Appeals grants a variance, the individual or his or her successor in interest shall not use the property in question such that it would exceed those rights given by this chapter or the variance, or fail to follow any conditions placed thereon by the Zoning Board of Appeals. In the event the use of the property exceeds those rights given by this chapter or the variance, or fails to follow the conditions placed upon the variance, the variance shall immediately terminate and it shall be deemed a violation of this chapter.

   (F)   Time limit on decision of ZBA. Any decision of the Zoning Board of Appeals on an appeal or application for a variance which has resulted in granting a zoning approval, special use permit, or variance shall be valid for a period of one year with an additional one-year extension granted by the Zoning Administrator. This is construed to be a reasonable period of time within which to acquire county permits and to implement the provisions of the variance.

   (G)   Final action on appeals. The decision of the Zoning Board of Appeals shall not be final, and any person having an interest affected by that decision shall have the right to the courts on questions of law and fact. The records of the Zoning Board of Appeals shall be made available for the court’s review.

   (H)   Effect of appeals proceedings (stay of proceedings). An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer or body from whom the appeal is taken certifies to the Board of Appeals, after the notice of appeal shall have been filed with that officer or body, that by reason of facts stated in the certificate, a stay would cause immediate peril of life or property.

(1993 Code, § 154.224) (Ord. 84-1, passed 1-3-1984)

   (A)   Filing for an appeal/variance. When any order, requirement, decision, or determination is subsequently appealed to the Zoning Board of Appeals or when a variance is requested, as provided for in this chapter, the appellant shall file a notice of appeal with fee to the Zoning Administrator, who shall forward all records and materials to the Zoning Board of Appeals. If appealing a determination or orders, the Zoning Administrator shall also send copies of all materials to the official or body of officials from whom the appeal is taken. The body or official shall also make all records available to the ZBA for review.

   (B)   General procedural steps by ZBA.

      (1)   If an appeal, it must be filed within 30 days from the date of the action being appealed. If request is for a variance or interpretation, no time limit for filing is required.

      (2)   The ZBA reviews the appeal form to make sure that it is the proper form for the action requested, and to see that all required information is submitted.

      (3)   The City Clerk shall place the appeal form on the calendar for hearing at the next meeting of the ZBA, and shall cause notice stating the time, place, and object of the hearing to be served. Notice of the hearing shall be published in a newspaper of general circulation not less than 15 days before the date of the hearing. These notices shall be served personally or by mail at least 15 days prior to the hearing upon the applicant or appellant, the Zoning Administrator and the owners of record of property within 300 feet of the premises in question, which notices, if by mail, shall be addressed to the respective property owners of record at the address given in the last assessment roll. In the event property immediately adjacent to the premises shall be part of a different governmental subdivision, the owner of the property shall nevertheless receive notice and shall be entitled to be heard.

      (4)   At the hearing, rules and procedures for the conduct of the hearing as may be established in the bylaws of the ZBA shall be followed.

         (a)   Any party may be heard in person or by agent or attorney.

         (b)   The ZBA may adjourn the hearing in order to permit the obtaining of additional information or to cause any further notice as it deems proper to be served upon other property owners as it decides may be interested in the application or appeal. If the hearing is adjourned, persons previously notified and persons already heard, need not be notified of the time of resumption of the hearing.

      (5)   Following the hearing, the ZBA shall formulate its decision.

         (a)   The ZBA shall consider the merits of the individual application or appeal within the context of any and all standards and considerations established in this chapter. In the case of variances, the standards of § 153.311 shall control.

         (b)   The Zoning Board of Appeals may reverse or affirm, wholly or part, or may modify the order, requirement, decision, or determination of issue, as in its opinion ought to be made, and to that end shall have all the powers of the official or body of officials from whom the appeal was taken, and may direct the issuance of a permit.

         (c)   The written decision of the ZBA shall not be final until five days after it is made unless the ZBA shall find the immediate effect of the order is necessary for the preservation of property or personal rights, and shall so certify on the record. In the written decision on the application or appeal, the ZBA must include the reasons for decision and facts supporting those reasons.

(1993 Code, § 154.225) (Ord. 84-1, passed 1-3-1984)

   (A)   Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Zoning Board of Appeals shall have the power, in passing on appeals, to vary or modify any of its rules, regulations, or provisions of this chapter, by granting variances only when any of the following conditions of divisions (A)(1) and (2) exist:

      (1)   Zoning requirements cannot be met by an existing lot or that the physical topography inhibits the lawful location of a structure or its accessories such as garage, sheds, and the like. If the Zoning Board of Appeals finds that local requirements, as written, can be met, variance must be denied; and

      (2)   The hardship is unique and does not affect the entire surrounding area. If it is found that the hardship is not unique, but common, there may be cause for amending this chapter or the map.

   (B)   In addition to meeting any of the conditions of division (A)(1) or (2) above, the appellant must show that a variance:

      (1)   Will not be contrary to the public interest and it is not for a self-made hardship;

      (2)   Will not cause a substantially adverse effect upon adjacent property values;

      (3)   Will relate only to the property under control of the appellant;

      (4)   Will not jeopardize the preservation of a substantial right, although the spirit of the chapter shall be observed, public safety secured, and substantial justice be done;

      (5)   Will not adversely affect or diminish the purpose of this chapter;

      (6)   Will not increase the hazard from fire, flood, or similar dangers;

      (7)   Will not increase traffic congestion;

      (8)   Will not produce nuisance conditions to occupants or nearby premises, whether by reason of dust, noise, fumes, odor, vibrations, smoke, or lights; and

      (9)   Will not otherwise impair public health, safety, comfort, or general welfare of the residents of the city.

(1993 Code, § 154.226) (Ord. 84-1, passed 1-3-1984)

   Any building erected, moved, altered, razed, or converted, or any use of land which is begun or changed subsequent to the effective date of this chapter, or its amendment, and is in violation of any provision of this chapter or the requirements thereof or any condition attached to a zoning approval, occupancy permit, site plan, special use permit, decision of the ZBA, or a variance, is hereby declared to be a public nuisance per se, and shall be abated by any court of competent jurisdiction. Any person, corporation, or firm who violates, disobeys, omits, neglects, or refuses to comply with any provision of this chapter or any condition attached to a zoning approval, certificate of occupancy, special use permit, Zoning Board of Appeals decision, or variance granted hereunder shall be guilty of a misdemeanor. Notice shall be given in writing by the Zoning Administrator and shall be served by registered mail or personal service.

(1993 Code, § 154.998) (Ord. 84-1, passed 1-3-1984) Penalty, see § 153.999

   The regulations and provisions attached in the tables and text of this chapter and the boundaries of zoning districts shown on the Zoning Map may be amended, supplemented, or changed by the City Commission in accordance with Public Act 110 of 2006, as amended, being M.C.L.A. §§ 125.3101 et seq.

(1993 Code, § 154.240) (Ord. 84-1, passed 1-3-1984)

   Proposals for amendments, supplements, or changes may be initiated by the City Commission on its own motion, by the Planning Commission, or by written request of (or petition of) one or more owners of property to be affected by the proposed amendment.

(1993 Code, § 154.241) (Ord. 84-1, passed 1-3-1984)

   (A)   Written request or petition to City Commission. Except for those initiated by Planning Commission or City Commission, all written requests by one or more owners for an amendment shall be submitted to the City Commission.

   (B)   Referral to Planning Commission/public hearing. The City Commission shall refer every proposed amendment, supplement, or change to the Planning Commission for the holding of a required public hearing thereon and for review and recommended action.

   (C)   Planning Commission recommendation. The Planning Commission shall consider each proposal for amendment in terms of its own judgment on particular factors related to the individual proposal and in terms of the likely effect of the proposal upon the Land Use Plan of the city. The Planning Commission may recommend any additions or modifications to the original amendment proposal. The Planning Commission shall transmit a written report with recommendation within 60 days to the City Commission setting forth the reasons for the acceptance, denial, or modification of the amendment proposal.

   (D)   Action by City Commission. If the City Commission deems any amendment, changes, additions or departures are advisable to the proposed text or district boundaries recommended by the Planning Commission, it shall refer the same back to the Planning Commission for a further report thereon within a time specified by the City Commission. Before any amendments shall become effective, the City Commission may on its own conduct a public hearing on the proposed amendment. Thereafter, the City Commission may adopt the amendment with or without any changes or may refer the same again to the Planning Commission for further report.

   (E)   Public hearing procedure and notification. For any required public hearing conducted by the Planning Commission or any additional public hearings by the City Commission on a proposed amendment to this chapter, the following procedure and notice requirements shall apply.

      (1)   Notice of the public hearing shall be given by publishing the notice at least once in an official paper or newspaper of general circulation for the city, stating the time and place of the hearing and the substance of the proposed amendment, and in the event of a proposed change in the Zoning Map, the district boundary lines affected shall also be stated. This notice shall appear in the newspaper at least 15 days prior to the date set for the public hearing. Furthermore, not less than 15 days’ notice of the time and place of the public hearing shall first be given by United States mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and a hearing be granted any person interested at the time and place specified. An affidavit of mailing shall be maintained.

      (2)   If a change in zoning boundaries is proposed, notice shall also be made by the City Clerk, with notification by first class mail to the person or firm to whom the property is assessed, and to all persons or firms to whom property within 300 feet is assessed. An affidavit of mailing shall be maintained.

   (F)   Effect of protest to proposed amendment. In case a protest against any proposed amendment to this chapter is presented in writing to the City Clerk prior to the public hearing thereon, duly signed either by:

      (1)   The owners of at least 20% of the area of land included in the proposed change; or

      (2)   The owners of at least 20% of the area of land included within an area extending outward 100 feet from any point on the boundary of the land included in the proposed change excluding public land and public right-of-way, the amendment shall be passed by three-fourths vote of all members of the City Commission.

   (G)   Resubmittal. No application for a rezoning which has been denied by the City Commission shall be resubmitted for a period of one year from the date of the last denial, except on grounds of newly-discovered evidence or proof of changed conditions found upon inspection by the City Commission to be valid.

(1993 Code, § 154.242) (Ord. 84-1, passed 1-3-1984)

   The Planning Commission shall, from time to time at intervals of not more than five years, examine the provisions of this chapter and the location of zoning district boundary lines and shall submit a report to the City Commission recommending changes and amendments, if any, which are deemed to be desirable in the interest of public health, safety, and general welfare.

(1993 Code, § 154.243) (Ord. 84-1, passed 1-3-1984)

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

   (B)   Upon conviction for any violation set forth in § 153.312, before any court having jurisdiction, the violator shall be punishable by a fine not to exceed $500 plus the cost of prosecution, by imprisonment not to exceed 90 days, or both.

   (C)   Each day during which a violation continues shall be deemed a separate offense.

   (D)   The imposition of any sentence shall not exempt an offender from compliance with the provisions of this chapter.

   (E)   The foregoing penalties shall not prohibit the city from seeking injunctive relief against a violator or any other appropriate relief as may be provided by law.

(1993 Code, § 154.999)

   (F)   A violation of any provision of §§ 153.115 through 153.123 is hereby declared to be a nuisance per se. A violation of that subchapter is a municipal civil infraction, for which the fine shall be not less than $100 nor more than $500 for the first offense and not less than $500 nor more than $1,000 for subsequent offenses, in the discretion of the Court, and in addition to all other costs, damages, and expenses provided by law. For purposes of this division (F), SUBSEQUENT OFFENSE means a violation of the provisions of this subchapter committed by the same person within 12 months of a previous violation of the same provision of this subchapter for which the person admitted responsibility or was adjudicated to be responsible; provided, however, that offenses committed on subsequent days within a period of one week following the issuance of a citation for a first offense shall all be considered separate first offenses. Each day during which any violation continues shall be deemed a separate offense.

(Ord. 84-1, passed 1-3-1984; Ord. 02-01, passed 1-7-2002)

 

(1993 Code, § 154.028) (Ord. 84-1, passed 1-3-1984; Ord. 02-06, passed 8-5-2002)

 

(1993 Code, § 154.029) (Ord. 84-1, passed 1-3-1984)