Spring Lake City Zoning Code
ARTICLE XX
Administration and Enforcement
§ 390-149 Zoning Administrator.
A.
Where the provisions of this chapter authorize or direct the Zoning Administrator to perform any act or carry out any function, such act or function may also be carried out by a deputy or deputies designated by the Zoning Administrator.
B.
The Zoning Administrator shall have the power to grant certificates of zoning compliance and to make inspections of premises necessary to carry out his/her duties in the enforcement of this chapter, and to otherwise carry out the duties assigned herein.
C.
The Zoning Administrator shall order discontinuance of illegal uses of land, buildings, or structures; removal of illegal buildings or structures; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with, or prevent violations of its provisions.
D.
It shall be unlawful for the Zoning Administrator to approve any plans or issue a land use permit for any excavation or construction or use until such plans have been reviewed in detail and are found to be in compliance with this chapter. To this end, the Zoning Administrator shall require that an application for a land use permit for excavation, construction, moving, alteration, or change in type of use or type of occupancy, shall, where required by this chapter, be accompanied by a site plan, in accordance with Article XVII hereof.
E.
Issuance of a certificate of zoning compliance shall in no case be construed as waiving any provisions of this chapter. The Zoning Administrator shall have no authority to grant exceptions to the actual meaning of any clause, order, or regulation contained in this chapter to any person making application to excavate, construct, move, alter, or use buildings, structures, or land. The Zoning Administrator shall have no authority to make changes to this chapter or to vary the terms of this chapter in carrying out his or her duties.
§ 390-150 Amendments.
A.
All applications for amendments to the chapter shall be submitted to the Zoning Administrator at least 30 days prior to the first consideration by the Village Planning Commission.
B.
Any person affected by this chapter may submit a petition in writing to the Zoning Administrator requesting that consideration be given to amendments to this chapter in the particulars set forth in the petition. Such petitions shall be accompanied by the required fee and shall include the following:
(1)
The name, address, and interest of the person making the request and the name, address, and interest of all persons having a legal or equitable interest in any land which is requested to be rezoned;
(2)
The nature and effect of the proposed amendment;
(3)
If the proposed amendment would require a change in the Zoning Map, a fully dimensioned map showing the land which would be affected by the requested amendment, a legal description of such land, the present zoning district of such land, the zoning district(s) of all abutting lands, and all public and private rights-of-way and easements bounding and intersecting the land to be rezoned;
(4)
The alleged error in the chapter which would be corrected by the proposed amendment, with a detailed explanation of such alleged error and detailed reasons why the proposed amendment will correct the same;
(5)
The changed or changing conditions in the area or in the Village that make the proposed amendment reasonably necessary to the promotion of the public health, safety, and general welfare;
(6)
All other circumstances, factors, and reasons which the petitioner offers in support of the proposed amendment.
(7)
A written response justifying an amendment with regards to the following statements. These statements will be used as standards for the Planning Commission and Village Council to use in their consideration of the requested amendment:
(a)
Whether there are changed conditions in the community that have occurred since the property was originally zoned warranting the rezoning request.
(b)
Whether the property is reasonably able to be used as zoned and whether the property can be reasonably used under the proposed zoning.
(c)
Whether there are other areas of the community that are better suited and planned for the proposed zoning.
(d)
Whether the rezoning is consistent with the goals, policies, and future land use map of the Spring Lake Village Master Plan.
(e)
Whether the rezoning is compatible with the site's physical, geological, hydrological, and other environmental features given uses permitted in the proposed zoning district.
(f)
Whether the property is compatible with all the potential uses allowed in the proposed zoning district and with the surrounding uses and zoning in terms of land suitability, impacts on the environment, density, nature of use, traffic impacts, aesthetics, and infrastructure.
(g)
Whether there is capacity of Village infrastructure and services sufficient to accommodate the uses permitted in the requested district without compromising the "health, safety and welfare" of the Village or its residents.
(h)
Whether there is capacity of the street system to safely and efficiently accommodate the expected traffic generated by uses permitted in the requested zoning district.
(i)
Whether the rezoning would support a rational and sequential development pattern keeping potential development near existing development and infrastructure, avoiding "leap frog" type development.
C.
Conditions. It is recognized that there are certain instances where it would be in the best interest of the Village, as well as advantageous to property owners seeking an amendment to zoning boundaries, if certain conditions could be proposed by property owners as part of a request for rezoning. Therefore, an owner seeking a rezoning may voluntarily propose conditions regarding the use and/or development of land as part of the rezoning request, in accordance with the Michigan Zoning Enabling Act,[1] as amended.
(1)
The offer of conditions or restrictions shall be received in writing with the rezoning application, prior to the Planning Commission public hearing on the rezoning request. Provided, if an offer of conditions is proposed at a Planning Commission public hearing on the rezoning request, the public hearing may be adjourned or recessed to provide the Village time to consider the offer; and if an offer of conditions is proposed at a Village Council meeting, the rezoning request and such conditions shall be remanded back to the Planning Commission for consideration.
(2)
The Village of Spring Lake shall not add to, alter, or augment the offer of conditions or restrictions.
(3)
The Planning Commission or Village Council may table a request to give residents of the Village of Spring Lake more time to fully understand the offer of conditions.
(4)
Offers of conditions or restrictions shall not be approved if such conditions or restrictions would have the effect of departing from the standards of the zoning ordinance or other regulations or ordinances promulgated by, or applicable in, the Village of Spring Lake.
(5)
When considering an offer of conditions or restrictions, the Village shall determine whether the conditions or restrictions offered would address or mitigate impacts that might otherwise be reasonably expected to result from the rezoning request.
[1]
Editor's Note: See MCLA § 125.3101 et seq.
D.
Expiration of agreement, reversion, and extensions of conditions.
(1)
In approving the conditions, the Village Council may establish a time period during which the conditions apply to the land. Except for an extension under Subsection D(3) hereof, if the conditions are not satisfied within the time specified, the land shall revert back to its former zoning classification, as set forth in Subsection D(4) hereof.
(2)
Neither the applicant nor the Village Council shall add to or alter the approved conditions during the time period specified in Subsection D(1) except by mutual agreement.
(3)
The time period specified in Subsection D(1) may be extended upon the request of the applicant and with the approval of the Village Council in accordance with the following standards:
(a)
The applicant shall submit in writing a request to the Zoning Administrator, who will forward the written request and the Zoning Administrator's recommendation on the request to the Planning Commission. The written request shall include reasons why the extension is being sought.
(b)
Upon recommendation of the Planning Commission, the Village Council may extend the time period specified under Subsection D(1). In the event such request is approved, if the conditions are not satisfied within the time specified under the extension, the land shall revert back to its former zoning classification, as set forth in Subsection D(4).
(4)
If the conditions are not satisfied or the restrictions are not established within the specified time period, the Zoning Administrator shall initiate the reversion process, in which the land reverts back to its former zoning classification, in accordance with this subsection. At a public hearing, the Planning Commission shall determine whether the applicant has failed to satisfy the approved conditions, shall state what specific conditions were not met, shall note all comments and reports requested or the absence of such, and shall recommend to the Village Council whether to rezone the land back to its former zoning classification. The Village Council shall make a decision as to the rezoning of the property.
E.
Coordination and performance bonds.
(1)
Where proposed conditions involve public improvements, the applicant shall submit the following to the Planning Commission prior to the final approval of the rezoning and offer of conditions:
(2)
The Village may require a performance bond or similar financial guarantee in a form approved by the Village Attorney as part of the agreement or approval.
F.
Recording.
(1)
If the Village Council finds the rezoning request and offer of conditions acceptable, the offered conditions shall be incorporated into a formal written statement of conditions acceptable to the owner and conforming to the provisions of this section. The statement of conditions shall be incorporated by attachment or otherwise as an inseparable part of the ordinance adopted by the Village Council to accomplish the requested rezoning.
(2)
The statement of conditions shall:
(a)
Be in a form acceptable to the Village Attorney and recordable with the Register of Deeds of Ottawa County;
(b)
Contain a legal description of the land to which it pertains;
(c)
Contain a statement acknowledging that the statement of conditions runs with the land and is binding upon successive owners of the land;
(d)
Incorporate, by attachment, any diagrams, plans or other documents submitted or approved by the owner that are necessary to illustrate the implementation of the statement of conditions; and
(e)
Contain the notarized signature of all of the owners of the subject land preceded by a statement attesting to the fact that they voluntarily offer and consent to the provisions contained within the statement of conditions.
(3)
Upon the rezoning taking effect, the Zoning Map shall be amended to reflect the new zoning classification along with a designation that the land was rezoned with a statement of conditions. The Village Clerk shall maintain a listing of all lands rezoned with a statement of conditions.
G.
Failure to offer conditions. The Village shall not require an owner to offer conditions as a requirement for rezoning. The lack of an offer of conditions shall not affect an owner's rights under this chapter.
§ 390-151 Hearing and notice procedures.
[Amended 2-21-2022 by Ord. No. 375]
Whenever a public hearing is required or granted by discretion under the provisions of this chapter or the Zoning Act relating to an application or request for zoning approval or other zoning action the public hearing shall be noticed in accordance with the requirements of the Michigan Zoning Enabling Act.
§ 390-152 Certificate of zoning compliance.
A.
No building permit shall be issued for the construction, erection, alteration, expansion, moving or repair of any building or other structure until a certificate of zoning compliance has been issued therefor. Issuance of such a certificate shall indicate that the use and plans for which the permit is requested comply with this chapter.
B.
It shall be unlawful to use or occupy or permit the use or occupancy of any building, structure or premises, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure, as permitted under the terms of this chapter, until a certificate of zoning compliance shall have been issued hereunder by the Zoning Administrator. The certificate shall state that the building, structure, and lot and use thereof, conform to the requirements of this chapter.
C.
The Zoning Administrator shall maintain a record of all certificates of zoning compliance.
D.
Certificates of zoning compliance authorize only the use, arrangement and construction set forth in the application and any appended plans, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter, and is punishable as provided by § 390-154. Any change in approved plans shall occur only as provided for in this chapter and shall require the issuance of an amended certificate of zoning compliance.
§ 390-153 Performance guarantee.
A.
As a condition of approval of a site plan, special land use, variance, or planned unit development, the Planning Commission, Village Council, or Zoning Board of Appeals may require a performance guarantee to ensure the installation of those features or components of the approved activity or construction which are considered necessary to protect the health, safety, and welfare of the public and of users or inhabitants of the proposed development. Such features or components, hereafter referred to as "improvements," may include but shall not be limited to roadways, curbs, landscaping, fences, walls, screens, lighting, drainage facilities, sidewalks, driveways, utilities and similar items.
(1)
Such performance guarantee shall be in a principal amount reasonably estimated to enable the Village to recover any costs the Village incurs to complete such work or otherwise assure compliance with the requirements, specifications, and conditions of such approval should the applicant fail to do so within the time specified within the approval. The Zoning Administrator, the Village Engineer, the Village's legal counsel and the applicant shall work together to establish the amount needed to reasonably cover the costs of nonperformance. The terms of the performance guarantee may, but shall not be required to, provide for partial releases of the amount of the guarantee as the requirements, specifications and conditions imposed with the approval are fulfilled. If the applicant disagrees with the Village staff as to the amount needed to reasonably cover the costs of nonperformance, the Village Engineer shall provide an engineer's cost estimate shall be used to determine the amount required.
(2)
The performance guarantee shall be provided before any permits are issued pursuant to this chapter or the construction code and the failure of any such performance guarantee shall be a basis for revoking any permit granted under this chapter or the construction code.
B.
Performance guarantees shall be processed in the following manner:
(1)
Prior to the filing of a final site plan, a pre-application conference may be held to provide an opportunity to the Village staff to inform the applicant of the Village's requirements regarding performance guarantees.
(2)
Upon filing of the final site plan, the applicant shall prepare an itemized cost estimate of the required improvements, which shall then be reviewed by the Zoning Administrator. The amount of the performance guarantee shall be 100% of the cost of installing the required improvements, plus the cost of necessary engineering and a reasonable amount for contingencies.
(3)
The required performance guarantee may be in the form of a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the Village.
(4)
Upon receipt of the required performance guarantee, the Zoning Administrator shall issue a certificate of zoning compliance for the subject development or activity.
(5)
The Zoning Administrator, upon written request of the obligor, shall rebate portions of the performance guarantee upon determination that the improvements for which the rebate has been requested have been satisfactorily completed. The portion of the performance guarantee to be rebated shall be in the same amount as stated in the itemized cost estimate for the applicable improvement.
(6)
When all of the required improvements have been completed, the obligor shall send written notice to the Village Clerk of completion of said improvements.
(a)
Thereupon, the Zoning Administrator shall inspect all of the improvements and shall recommend to the Council approval, partial approval, or rejection of the improvements with a statement of the reasons for any rejections. If partial approval is recommended, the cost of the improvement rejected shall be set forth.
(b)
The Council shall either approve, partially approve or reject the improvements. The Zoning Administrator shall notify the obligor in writing of the action of the Council within 30 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from liability pursuant to relevant portions of the performance guarantee, except for that portion sufficient to secure completion of the improvements not yet approved.
(7)
A record of authorized performance guarantees shall be maintained by the Zoning Administrator.
§ 390-154 Violations and penalties; enforcement.
A.
Penalties. Any person violating any provision of this chapter shall be responsible for a municipal civil infraction, subject to the general penalty in § 1-2 of the Code of the Village of Spring Lake.
(1)
A separate offense shall be deemed committed upon each day during or when a violation of this chapter occurs or continues.
(2)
The owner of record or tenant of any building, structure, premises, or part thereof, and any agent or person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
(3)
The imposition of any fine shall not exempt the violator from compliance with the provisions of this chapter.
(4)
Any building or structure which is erected, altered or converted or any use of premises or land which is begun or changed subsequent to the time of passage of this chapter and in violation of any of the provisions thereof is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.
B.
Procedure. The Zoning Administrator shall be authorized to issue and serve civil infraction documents on any person with respect to any violation of this chapter when there is reasonable cause to believe that the person has committed such an offense. The Village, through its duly authorized attorney, may pursue a civil infraction proceeding for any violation of this chapter. In addition, the Village, acting through its duly authorized attorney, may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate, or remove any violation of this chapter.
C.
Rights and remedies. The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.
§ 390-155 Administrative liability.
No officer, agent, employee, or member of the Village Council, Planning Commission, or Board of Appeals shall be personally liable for any damage which may accrue to any person or property as the result of any act, decision or other consequence or occurrence arising out of the discharge of his or her duties and responsibilities pursuant to this chapter.
§ 390-156 Fees and escrow.
The Village Council shall periodically establish by resolution a schedule of fees and escrow amounts to be paid by applicants for any permit, certificate, approval, application, or appeals required by this chapter. All fees shall be paid to the Zoning Administrator, who shall promptly remit the same to the Village Treasurer. The fee and escrow schedule shall be posted on public display in the Village Hall and may be changed only by resolution of the Village Council. No permit, certificate, approval, application or appeal shall be issued or considered unless and until the fees and escrow amounts therefor have been paid in full, and payment of the required fees and escrow shall be a condition precedent to the validity of any permit, certificate, or approval.