This Zoning Code shall be administered and enforced by the Director of Inspections or by such deputies as he or she may delegate.

(Ord. 458. Passed 1-4-89.)

   The Director of Inspections may grant zoning compliance and occupancy permits and may make inspections of buildings or premises necessary to carry out his or her duties in the enforcement of this Zoning Code. It shall be unlawful for the Director to approve plans or issue permits or certificates of occupancy for any excavation or construction until he or she has inspected such plans in detail and found them to conform with this Zoning Code.

   The Director shall record all nonconforming uses existing on the effective date of this Zoning Code (Ordinance 458, passed January 4, 1989) for the purpose of carrying out the provisions of Chapter 1296.

   Under no circumstances is the Director permitted to make changes to this Zoning Code or to vary the terms of this Zoning Code in carrying out his or her duties.

   The Director shall not refuse to issue a permit when conditions imposed by this Zoning Code are complied with by the applicant, despite violations of contracts, such as covenants or private agreements, which may occur upon the granting of such permit.

(Ord. 458. Passed 1-4-89.)

   The Director of Inspections shall require that all applications for building permits be accompanied by plans and specifications, including a plot plan, in triplicate, drawn to scale, showing the following:

   (a)   The actual shape, location and dimensions of the lot;

   (b)   The shape, size and location of all buildings or other structures to be erected or altered or already on the lot; and

   (c)   The existing and intended use of the lot and of all structures upon it, including, in residential areas, the number of dwelling units the building is intended to accommodate.

(Ord. 458. Passed 1-4-89.)

   The following shall apply in the issuance of any building permit or certificate of occupancy:

   (a)   Conditions for Nonissuance. No building permit shall be issued for the erection, alteration or use of any building or structure, or part thereof, or for the use of any land, which is not in accordance with this Zoning Code.

   (b)   New Use of Land. No land heretofore vacant shall hereafter be used, and no existing use of land shall hereafter be changed to a use of a different class or type, unless a certificate of occupancy is first obtained for the new or different use.

   (c)   New Use of Buildings. No building or structure, or part thereof, shall be changed to or occupied by a use of a different class or type unless a certificate of occupancy is first obtained for the new or different use.

   (d)   Building Permits Required. No building or structure, or part thereof, shall be hereafter erected, altered, moved or repaired unless a building permit has been issued for such work. The terms "altered" and "repaired" include any changes in structural parts, stairways, type of construction, type, class or kind of occupancy, light or ventilation or means of ingress and egress, or other changes affecting or regulated by the Building and Housing Code or this Zoning Code, except for minor repairs or changes not involving any of the aforesaid features.

(Ord. 458. Passed 1-4-89.)

   (a)   The Director of Inspections or the City Council may grant temporary use permits for tent sales or outdoor sales subject to the following conditions:

      (1)   Temporary use permits may be issued to the certificate of occupancy holder of a business in C-1, C-2, C-3 Zoning Districts provided the temporary use is an extension of the primary use of the property;

      (2)   The temporary use permit shall be effective for no longer than seven consecutive days. Not more than six permits shall be issued within a single calendar year for any location. A minimum fourteen days is required between events;

      (3)   No temporary use shall be permitted if it reduces the required off-street parking requirements;

      (4)   All temporary use applications and plans shall be reviewed and approved by the Police and Fire Departments to ensure public safety.

   (b)   The Director of Inspections or the City Council may grant use permits for outdoor seasonal sales subject to the following conditions:

      (1)   Seasonal sale permits may be issued in C-1, C-2, C-3 Zoning Districts only as a principal permitted use;

      (2)   The seasonal sale permit shall by its terms be effective for no longer than 150 days within a single calendar year, except sales of Christmas trees shall only be effective for forty-five days ending on December 25th;

      (3)   Seasonal sale permits may only be granted to the certificate of occupancy holder of a business and not on vacant properties except for Christmas tree sales;

      (4)   No seasonal sales shall be permitted if it reduces the required off-street parking;

      (5)   All seasonal use applications and plans shall be reviewed by the Police and Fire Departments to ensure public safety;

      (6)   All seasonal use applications shall comply with all applicable zoning regulations for the district, including lot size, height, setback, open space, lot coverage, off-sreet parking requirements, and traffic flow.

   (c)   Applications for temporary use permits or seasonal sale permits shall be filed with the Building Department and shall include the following:

      (1)   Application fee as provided by resolution of the City Council;

      (2)   Plans detailing the shape and dimensions of the lot, the location and size of all existing and proposed structures, dimensions and location of all off-street parking spaces, including parking space reductions, width dimensions of all maneuvering lanes, and all designated fire lanes;

      (3)   The materials and design of all temporary structures to be erected or moved to the lot, including buildings, trailers, tents, tables or display racks;

      (4)   For all vacant lots or parcels where Christmas tree sales are approved, a one thousand dollar ($1,000) bond shall be posted with the City Clerk's office for site cleanup and removal of all signs, structures and debris.

   (Ord. 458. Passed 1-4-89; Ord. 602. Passed 3-5-97; Ord. 815. Passed 11-16-05; Ord. 847. Passed 4-4-07; Ord. 851. Passed 5-30-07.)

   No land or building, or part thereof, shall be occupied by or for any use unless and until a certificate of occupancy has been issued for such use. The following shall apply in the issuance of any certificate:

   (a)   Conditions for Nonissuance. No certificate of occupancy shall be issued for any building or structure, or part thereof, or for the use of any land, which is not in accordance with this Zoning Code.

   (b)   Certificates Required. No building or structure, or part thereof, which is hereafter erected or altered shall be occupied or used or the same caused to be done unless and until a certificate of occupancy has been issued for such building or structure.

   (c)   Application of Building Code Provisions. Certificates of occupancy as required by the Building Code for new buildings or structures, or parts thereof, or for alterations to or changes of use of existing buildings or structures, shall also constitute certificates of occupancy as required by this Zoning Code.

   (d)   Existing Buildings. Certificates of occupancy shall be issued for existing buildings or structures, or parts thereof, or existing uses of land, if, after inspection, it is found that such buildings or structures, or parts thereof, or such uses of land, are in conformity with this Zoning Code.

   (e)   Records. A record of all certificates issued shall be kept on file in the office of the Building Department and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property involved.

   (f)   Accessory Buildings. Buildings or structures accessory to dwellings shall not require separate certificates of occupancy, but may be included in the certificate of occupancy for the dwelling when shown on the plot plan and when completed at the same time as such dwelling.

   (g)   Applications. An application for a certificate of occupancy shall be made in writing to the Building Department on forms furnished by the Department, and such certificates shall be issued within five business days after receipt of such application if it is found that the building or structure, or part thereof, or the use of land, is in accordance with this Zoning Code. If such certificate is refused for cause, the applicant shall be notified of such refusal and the cause thereof within such five business days.

   (h)   Temporary Certificates. A temporary certificate of occupancy may be issued if the property owner is entitled to a temporary certificate of occupancy under the State Construction Code, provided there is compliance with the additional requirements of this subsection. Any temporary certificate of occupancy issued shall specify a reasonable time for site improvements. Failure to comply with the time limit set forth shall be considered a violation of the time limit placed on the temporary certificate of occupancy for purposes of enforcing this Zoning Code and requiring completion of site improvements. For purposes of this subsection, "City Engineer" shall include any private engineering firm that the City contracts with to perform the described engineering functions.

      (1)   Duration. A temporary certificate of occupancy shall not be effective for more than six months. Thereafter, occupancy may only be authorized under a final certificate of occupancy.

      (2)   Unfinished site improvements. All unfinished site improvements which are included on an approved site plan, or which are otherwise required by this Zoning Code, shall be constructed, installed or placed on the property, and shall be approved by the City Engineer by letter to the Building Department, within six months of obtaining a temporary certificate of occupancy. Failure to finish and obtain approval of such improvements shall constitute a violation of this Zoning Code, giving rise to the penalties provided for herein, and shall constitute a basis for relief in Circuit Court.

      (3)   Cash, letters of credit and bonds. Whenever any applicant seeks occupancy of premises prior to the completion of construction of every nature in accordance with an approved site plan and the requirements of the City's ordinances, or when the applicant occupies the premises at the time of application for a building permit and continued occupancy is contemplated during the time of construction, the applicant shall deposit cash, a certified check, an irrevocable bank letter of credit or a corporate surety bond forfeitable to the City in an amount equal to 150 percent of the estimated cost of the remaining improvements pursuant to such site plan and the requirements of this Zoning Code. The estimate of such cost shall be solely at the discretion of the City Engineer. As used in this subsection, "improvements" means those features and actions associated with a project which are considered necessary by the body or official granting zoning approval to protect natural resources or the health, safety and welfare of the residents of the City and future users or inhabitants of the proposed project or project area. "Improvements" includes roadways, lighting, utilities, sidewalks, screening and drainage. Such cash deposit, certified check, irrevocable bank letter of credit or bond shall run to the City and shall be forfeitable by its terms and conditions, automatically, fifteen days after notice to the applicant that the requirements of the site plan or this Zoning Code have not been met according to the terms of the temporary certificate or a time specified in the building permit. Such cash deposit, certified check, irrevocable bank letter of credit or bond shall be considered posted with the condition that upon passage of such fifteen days after such notice, in writing, by first class mail to the last known address of the applicant, such amount shall automatically be transferred to the City, or otherwise enforceable by the City by any means available. Thereafter, the City shall be authorized to go onto the property and complete the construction in accordance with the site plan requirements with the funds available. The City may retain twenty percent of the cost of such completion as the City construction administrative expense and refund any balance to the applicant. No part of an irrevocable bank letter of credit or surety bond shall be released until all of the work is complete. In the case of a deposit of cash or a certified check, portions of the amount may be rebated as work progresses, at reasonable intervals, provided that at all times the amount on deposit equals the cost of the work to be completed.

   (i)   Final Certificates. A final certificate of occupancy may be issued if the property owner is entitled to a final certificate of occupancy under the State Construction Code and if the Director of Inspections finds that there are minor exterior site plan requirements that remain to be finished, provided there is compliance with the additional requirements of this subsection.

      (1)   Unfinished site improvements. All unfinished site improvements which are included on an approved site plan, or which are otherwise required by this Zoning Code, shall be constructed, installed or placed on the property, and shall be approved by the City Engineer, within six months of obtaining a final certificate of occupancy. Failure to finish and obtain approval of such improvements shall constitute a violation of this Zoning Code, giving rise to the penalties provided for herein.

      (2)   Cash, letters of credit and bonds. Whenever an applicant seeks occupancy of premises prior to the completion of construction of every nature in accordance with an approved site plan and the requirements of the City's ordinances, the applicant shall deposit cash, a certified check, an irrevocable bank letter of credit or a corporate surety bond forfeitable to the City in an amount equal to 200 percent of the estimated cost of the remaining improvements pursuant to such site plan and the requirements of this Zoning Code and the City's ordinances. The estimate of such cost shall be solely at the discretion of the City Engineer. As used in this subsection, "improvements" means those features and actions associated with a project which are considered necessary by the body or official granting zoning approval to protect natural resources or the health, safety and welfare of the residents of the City and future users or inhabitants of the proposed project or project area. "Improvements" includes roadways, lighting, utilities, sidewalks, screening and drainage. Such cash deposit, certified check, irrevocable bank letter of credit or bond shall run to the City and shall be forfeitable by its terms and conditions, automatically, fifteen days after notice to the applicant that the requirements of the site plan or this Zoning Code have not been met according to the terms of the final certificate. Such cash deposit, certified check, irrevocable bank letter of credit or bond shall be considered posted with the condition that upon passage of such fifteen days after such notice is sent, in writing, by first class mail, to the last known address of the applicant, such amount shall automatically be transferred to the City, or otherwise enforceable by the City by any means available. Thereafter, the City shall be authorized to go onto the property and complete the construction in accordance with the site plan requirements with the funds available. The City may retain twenty percent of the cost of such completion as the City construction administrative expense and refund any balance to the applicant. No part of an irrevocable bank letter of credit or surety bond shall be released until all of the work is complete. In the case of a deposit of cash or a certified check, portions of such amount may be rebated as work progresses, at reasonable intervals, provided that at all times the amount on deposit equals the cost of the work to be completed.

(Ord. 458. Passed 1-4-89.)

   In instances where a public hearing is required under this chapter or the Michigan Zoning Enabling Act or the Michigan Planning Enabling Act, written notice of the public hearing shall be as follows:

   (a)   The City Clerk shall publish notice of the hearing in a newspaper of general circulation in the City of Southgate not less than 15 days before the date of the hearing.

   (b)   Notice required under this Act shall be given as provided in subsection (c) to the owners of property that is the subject of the request. Notice shall also be given as provided under subsection (c) to all persons to whom real property is assessed within 300 feet of the property that is the subject of the request and to the occupants of all structures within 300 feet of the subject property regardless of whether the property or structure is located in the zoning jurisdiction. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure.

   (c)   The notice under subsection (b) is considered to be 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. The notice shall be given not less than 15 days before the date the request will be considered. If the name of the occupant is not known, the term “occupant” may be used for the intended recipient of the notice.

   (d)   A notice under this section shall do all of the following:

      (1)   Describe the nature of the request.

      (2)   Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.

      (3)   State when and where the request will be considered.

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

(Ord. 933. Passed 5-18-11.)

   The Planning Commission is hereby designated as the Commission specified in Section 4 of Act 207 of the Public Acts of 1921, as amended, and shall perform the zoning duties of such Commission as provided in the statute in connection with the amendment of this Zoning Code.

(Ord. 458. Passed 1-4-89.)

   (b)   In cases where the Planning Commission is authorized to approve certain uses of premises, the applicant shall furnish such surveys, plans or other information as may be reasonably required by the Commission for the proper consideration of the matter.

   (c)   The Commission may impose such conditions or limitations in granting approval as may, in its judgment, be necessary to fulfill the spirit and purpose of this code. The Planning Commission may deny, approve, or approve with conditions, requests for uses permitted subject to special conditions. The decision of the Planning Commission shall be incorporated in a statement of conclusions relative to the uses permitted subject to special conditions under consideration. The decision shall specify the basis for the decision and any conditions imposed.

   (d)   Except where otherwise set forth in this title, any approval given by the Commission, shall lapse and cease to be in effect if work is not commenced within 12 months of the date of approval.

   (e)   The Commission shall not have the power to change the zoning classification of any property, nor to grant exceptions or variances from any terms of this Zoning Code.

(Ord. 934. Passed 5-18-11; Ord. 952. Passed 7-5-12.)

   Except as otherwise provided by law, a use of land or a dwelling, building, or structure, including a tent or recreational vehicle, used, erected, altered, razed, or converted in violation of a zoning ordinance, site plan or regulation adopted under this title or other ordinance of the City or Act 33 of 2008 as hereinafter amended is a nuisance per se. The court shall order the nuisance abated, and the owner or agent in charge of the dwelling, building, structure, tent, recreational vehicle, or land is liable for maintaining a nuisance per se.

(Ord. 935. Passed 5-18-11.)

   (a)   Whoever violates or fails to comply with any of the provisions of this Zoning Code is guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00) and the costs of prosecution or imprisoned not more than ninety days, or both, for each offense.

   (b)   The owner of any building, structure or premises, or part thereof, where any condition in violation of this Zoning Code exists or is created, and who has assisted knowingly in the commission of such violation, shall be guilty of a separate offense and upon conviction thereof shall be liable to the fines and imprisonment provided in subsection (a) hereof.

   (c)   A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

   (d)   The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.

(Ord. 458. Passed 1-4-89.)