Sebewaing City Zoning Code
ADMINISTRATION
§ 153.130 SAVINGS CLAUSE.
This chapter shall not affect any pending litigation, civil or criminal, founded or growing out of any ordinance or resolution, order or permit, and shall not affect any rights, claims, privileges, immunities or causes of action of the village of, or any other person, either criminal or civil, that may have already occurred, accrued or grown out of any ordinance, resolution, permit, order, or policy repealed by this chapter.
(Ord. passed 11-16-2020)
§ 153.131 VALIDITY AND SEVERABILITY.
It is the intent of the Village Council in adopting this chapter that all provisions shall be liberally construed to protect the public health, safety, and general welfare of the inhabitants of the village and other persons affected by this chapter. Should any provision of this chapter be held to be unconstitutional, invalid, or of no effect, such holding shall not be construed as affecting the validity of any of the remaining provisions of this chapter, it being the intent of the village of that such remaining provisions of this chapter shall stand and remain in effect notwithstanding the invalidity of any other provisions.
(Ord. passed 11-16-2020)
§ 153.132 EFFECTIVE DATE.
This chapter shall take effect 30 days after publication.
(Ord. passed 11-16-2020)
§ 153.133 ADMINISTRATIVE OFFICIALS.
Except as otherwise provided in this chapter, the Zoning Administrator shall administer and enforce this chapter, including the receiving of applications, the inspection of premises, and the issuing of permits.
(Ord. passed 11-16-2020)
§ 153.134 OCCUPANCY.
It shall be unlawful to use or permit the use of any structure or premises hereafter altered or erected, until the Zoning Administrator has inspected the premises and approved the same for occupancy.
(Ord. passed 11-16-2020)
§ 153.135 VIOLATIONS AND ENFORCEMENT.
No person, entity, group, or association shall violate or fail to comply with any of the provisions of this chapter or any lawful order of the Zoning Administrator, building inspector, or other authorized village official made or issued to enforce this chapter.
(A) Civil infraction. Unless otherwise explicitly stated, any violation of any provision of this chapter shall be a municipal civil infraction. A "violation" includes any act which is prohibited or made or declared to be unlawful or an offense by this chapter and any omission or failure to act where the act is required by this chapter. A separate offense shall be deemed committed upon each day during or when a violation occurs or continues.
(B) Penalties. The sanction for any violation of this chapter shall be a civil fine of not less than $100 nor more than $500, plus any costs, damages, expenses, other relief, and other sanctions, as authorized and permitted under Chapter 87 of Public Act No. 236 of 1961 (M.C.L. §§ 600.8701 et seq.) and as authorized and permitted by and/or under other applicable laws.
(C) Public nuisance. Any violation of this chapter shall also be deemed a public nuisance and may be abated by injunctive or other equitable relief pursuant to law. The imposition of a penalty does not prevent injunctive relief or civil enforcement.
(D) Authorized officials. The zoning inspector or their deputies, any duly appointed village code enforcement officer, all police officers of the village, and any other person expressly authorized by Village Council are hereby authorized to issue municipal civil infraction citations and notices for violations of this chapter.
(Ord. passed 11-16-2020)
§ 153.136 PEOPLE INVOLVED IN THE ZONING PROCESS.
The provisions of this chapter shall be carried out by the Village of Sebewaing Planning Commission, the Zoning Board of Appeals, the Village Council, and the Village Zoning Administrator in conformance with applicable State of Michigan enabling legislation.
(A) Zoning Administrator. The Village of Sebewaing Council, with the recommendation of the Planning Commission, shall employ a Zoning Administrator to carry out day to day administration and enforcement of this chapter. Conditions of the Zoning Administrator's employment, including compensation, shall be established by the Village Council. Additional staff may be employed, under the supervision of the Zoning Administrator, to assist with administration and enforcement of this chapter. The Zoning Administrator's duties shall include the following items and any other tasks that may be assigned by the Village Council or provisions of this chapter.
(1) Accept and record applications, issue and record permits. All applications for Zoning Permits shall be submitted to the Zoning Administrator who shall keep a record of all applications which have been submitted and their disposition. When all applicable provisions of this chapter have been met regarding any application, the Zoning Administrator shall issue a zoning permit for the proposed use. When conditions are not met, the Zoning Administrator shall consult with the applicant to determine the proper course of action (see Table 12 - Review Process). The Zoning Administrator shall maintain a record of all applications and related zoning permits, including documentation for each.
(2) Issue written denial. When any application for a zoning permit is denied, the Zoning Administrator shall provide the applicant with a written denial, stating the reasons for the denial.
(3) Notice of hearings. Whenever a zoning matter is the subject of a public hearing before the Planning Commission or the Zoning Board of Appeals, the Zoning Administrator shall prepare notices of the hearing and disseminate said notices as required by this chapter.
(4) Inspections. The Zoning Administrator shall be empowered to make inspections of buildings or premises to carry out enforcement of this chapter.
(5) Record nonconforming uses. The Zoning Administrator shall record all nonconforming uses existing at the effective date of this chapter.
(6) Record special uses. The Zoning Administrator shall keep a record of all special use permits issued under the terms of this chapter.
(7) Record interpretations of chapter. The Zoning Administrator shall maintain a concise record of all interpretations of this chapter rendered by the Zoning Board of Appeals. This record shall be consulted whenever questions arise concerning interpretation of any provision of this chapter to determine whether any applicable precedents have been set.
(8) Public information. The Zoning Administrator shall respond to inquiries and dispense information or copies of this chapter to make the public aware of and familiar with the provisions of this chapter. Public awareness and acceptance of the zoning ordinance will help to maintain compliance with it.
(9) Respond to complaints. The Zoning Administrator shall respond within five business days, whenever possible, to any complaint regarding an alleged violation of the terms or conditions of this chapter or any permit issued pursuant to it. The Zoning Administrator shall provide a report at each regular Planning Commission meeting summarizing the nature and disposition of complaints that have been received. A written record of all complaints, responses and dispositions of the complaint will be maintained.
(10) May not change ordinance. Under no circumstances is the Zoning Administrator permitted to make changes to the ordinance upon which this chapter is based, or to vary the terms of this chapter.
(B) Planning Commission.
(1) Membership. The Planning Commission shall be composed of five members, appointed by the Village President with the approval of the Village Council.
(2) Terms of office. The term of service for each member shall be three years. Rotation of membership is encouraged.
(3) Rules of procedure. The Planning Commission shall adopt its own rules of procedure as may be necessary to conduct its meetings and carry out its function. The Commission shall choose its Chairperson, Vice-chairperson, and Secretary.
(4) Meetings. The Planning Commission shall meet at least four times each year, and by resolution shall determine the time and place of meetings. All meetings shall be properly noticed and open to the public.
(5) Per diem or expenses. Members of the Planning Commission may be compensated for their services as provided by the Village Council. The Planning Commission may make and administer regulations relative to compensation for the travel of its members and employees when engaged in the performance of activities authorized by the Planning Commission.
(6) Development plan. The Planning Commissions shall make and adopt a basic plan as a guide for the development of unincorporated areas of the village. Plan contents, adoption, amendment, approval by the county planning commission, hearing and publication shall be according to P.A.110 of 2006, as amended, the Michigan Zoning Enabling Act.
(7) Zoning ordinance. The zoning ordinance shall be based on a plan designed to promote the public health, safety, and general welfare.
(8) Administration and enforcement. The Planning Commission shall be responsible for the following administrative and enforcement activities under this chapter:
(a) Site plan approval. The Planning Commission shall review site plans and issue its approval, conditional approval or denial of same.
(b) Special use permits. The Planning Commission shall conduct a public hearing on any application for a special use permit. Following a public hearing, the Planning Commission shall review and approve or deny said application. The Planning Commission shall also take any necessary action to revoke a special use permit.
(c) Rezoning or amendment. The Planning Commission shall conduct public hearings for proposals to rezone property or amend the text of this chapter. Following a public hearing, the Planning Commission shall make its recommendation regarding the proposed rezoning or text change to the Village Council. The Planning Commission may initiate a text change or rezoning, subject to the requirements for notice, hearing and Village Council approval.
(Ord. passed 11-16-2020)
§ 153.137 ADMINISTRATIVE PROCESSES.
(A) Zoning permit required. The issuance of a zoning permit signifies compliance with the requirements of this chapter. A zoning permit must be obtained from the Zoning Administrator before any of the following activities may legally take place.
(1) Occupancy and use of vacant land (including parking lot construction).
(2) Any change in the use of a parcel of land or a building, including any construction or structural alteration of a building that requires issuance of a building permit by the Huron County Building and Zoning Office. (A zoning permit must be obtained before a building permit may be issued.) When erected at the same time as the principal building, accessory buildings shall not require a separate zoning permit.
(3) Any use of land or a building that would be identified as a use by special use permit in the district regulations.
(4) Any change of a nonconforming use or building.
(B) Application for zoning permit. Application for a zoning permit shall be made prior to construction of a new or enlarged building or structure, or a new or enlarged use of a parcel, is intended to begin. Form and content of the application package shall be as specified by the following material.
(1) Application form. Applicants for a zoning permit shall submit a zoning application form with all requested information completely filled in.
(2) Property information. The zoning application form must be accompanied by a copy of a property survey, deed or tax records sufficient to allow identification of the parcel in the Village Assessor's property maps. When the applicant is anyone other than the property owner identified by the Assessor's records, evidence of the owner's concurrence or a change in ownership must also be submitted.
(3) Plot plan. The zoning application form must also be accompanied by a plot plan drawn at size and scale sufficient to clearly identify the exact dimensions of the parcel, all abutting streets, alleys or easements, and the size, position and height of all existing and proposed buildings or structures thereon. The Zoning Administrator may also require any other information deemed necessary for the proper enforcement of this chapter.
(C) Application review process. On submission of an application for a zoning permit, the Zoning Administrator will review the application material as described by Table 12 - Review Process that accompanies this subchapter. Whenever possible, it is desirable for this review to be conducted with the applicant present to facilitate any necessary explanation. If all requirements have been met, the Zoning Administrator shall issue a zoning permit. When failure to meet any standard prohibits issuance of a permit, the problem shall be identified and the applicant advised of their options, based on the information in the Review Process Table. In all cases, a full review shall be conducted to identify all potential obstacles to issuance of a zoning permit. The review will address each question identified by the Review Process Table in order, moving through each column in the question from left to right.
(D) Record maintained. The Zoning Administrator shall keep a record of each application for a zoning permit which has been submitted, including the disposition of each one. This record shall be a public record, open for inspection upon request.
(E) Validity of zoning permit. A zoning permit remains in effect for a period of one year from the date it is issued. By that time, the activity authorized by the zoning permit must have begun. This means that any use of land or of an existing building must be underway, or a building permit for any new construction must have been issued and construction commenced. The validity of a zoning permit may be extended by the Zoning Administrator not more than one time, for a period not to exceed one additional year. Said extension must be requested in writing by the permit holder before the expiration of the initial permit period.
(F) Voiding of zoning permit. If the permit holder fails to initiate the activity authorized by the zoning permit by the end of the one year extension, the zoning permit is automatically null and void. Any additional rights associated with the zoning permit which have been granted by the Planning Commission or the Zoning Board of Appeals, such as special use permits or variances, expire together with the zoning permit.
(G) Performance guarantee. Any performance guarantee shall be refunded to the permit holder unless the failure to initiate activity has resulted in costs to the village which were to be covered by the guarantee. If any amount of the guarantee remains after said costs are satisfied, the balance of the guarantee shall be released and returned to the permit holder.
(H) Reissuance. Reissuance of a zoning permit which has expired requires a new zoning application form to be filed with the Zoning Administrator and processed without consideration of any previous action.
(Ord. passed 11-16-2020)
§ 153.138 AMENDMENT.
(A) Amendment. Village Council may amend. The regulations and provisions stated in the text of this chapter and the boundaries of zoning districts shown on the zoning district map may be amended, supplemented, or changed by ordinance by the Village Council in accordance with the applicable enabling legislation of the state.
(B) Initiation of amendments. Proposals for amendments, supplements, or changes may be initiated by the Village Council of its own action, by the Planning Commission, or by petition of one or more persons having an interest, by ownership or option to purchase, in property to be affected by the proposed amendment.
(C) Amendment procedure.
(1) Petition to Zoning Administrator and payment of fee. Each petition by one or more owners or their agents, for an amendment shall be submitted upon an application of standard form to the Zoning Administrator. A fee as established by the Village Council shall be paid at the time of application to cover costs of necessary advertising for public hearings and processing of the amendment request. The Zoning Administrator shall transmit the application to the Planning Commission for recommended action.
(2) Recommendation. The Planning Commission shall consider each proposed amendment in terms of the likely effect of such proposal upon the development plans for the community as well as in terms of the merits of the individual proposal. The Planning Commission may recommend any additions or modifications to the original amendment petition.
(3) Public hearing. Before voting on any proposed amendment to this chapter, the Planning Commission shall conduct a public hearing, with notice being given as specified by P.A.110 of 2006, as amended, the Michigan Zoning Enabling Act.
Table 12 - Review Process
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Type of Action | Parties Who May Initiate Action | Body Making Decision | Public Hearing Required? | Published Notice(s) and Mailed Notice to Owners and Occupants Within 300' | Body to Which Applicant May Appeal a Denial |
Table 12 - Review Process
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Type of Action | Parties Who May Initiate Action | Body Making Decision | Public Hearing Required? | Published Notice(s) and Mailed Notice to Owners and Occupants Within 300' | Body to Which Applicant May Appeal a Denial |
Variance | Applicant or Administrator | Zoning Board of Appeals | Yes | Once, between 5-15 days before date | Circuit Court only |
Interpretation | Applicant or Administrator | Zoning Board of Appeals | Yes | Once, between 5-15 days before date | Circuit Court only |
Appeal of Administrativ e Decision | Any aggrieved party or State, County, Village officer, or dept. | Zoning Board of Appeals | Yes | Once, between 5-15 days before date | Circuit Court only |
Site Plan Approval | Applicant or Administrator | Planning Commission | No | Not required | Planning Commission after 1 year, or Village Council |
Special Use Permit | Applicant or Administrator | Planning Commission | Yes | Once, between 5-15 days before date | Planning Commission after 1 year, or Circuit Court |
Planned Unit Development | Applicant or Administrator | Planning Commission | Yes | Once, between 5-15 days before date | Planning Commission or after 1 year, Circuit Court |
Rezoning | Applicant, Planning Commission or Village Council | Planning Commission recommends to Village Council | Yes, if requested by any party | Once, between 5-15 days before date. No notice to residents required | Planning Commission after 1 year, Circuit Court |
Zoning Ordinance or Zoning Map Text Change | Applicant, Planning Commission or Village Council | Planning Commission recommends to Village Council | Yes, if requested by any party | Once, between 5-15 days before date. No notice to residents required | Planning Commission after 1 year, Circuit Court |
Development Plan or Map Change | Applicant, Planning Commission or Village Council | Planning Commission recommends to Village Council | Yes | See P.A. 110 of 2006 as amended for requirements. No notice to residents required | Planning Commission after 1 year or Circuit Court |
(Ord. passed 11-16-2020)