The provisions of this Ordinance shall be administered and enforced by the zoning administrator and any of his aides or assigns responsible for enforcing the provisions of this Ordinance.

The zoning administrator shall have the power to grant zoning compliance and occupancy permits, to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this Ordinance. It shall be unlawful for the zoning administrator to approve any plans or issue a zoning compliance permit or a building permit for any excavation or construction until he has inspected such plans in detail and found them in conformity with this Ordinance. To this end, the zoning administrator shall require that every application for zoning compliance permit for excavation, construction, moving or alteration or change in type of use or the type of occupancy be accompanied by written statements and plans or plats drawn to scale, in duplicate and showing the following in sufficient detail to enable the zoning administrator to ascertain whether the proposed work or use is in conformance with this Ordinance.

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, altered or moved, and of any buildings or other structures already on the lot.

C.

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

D.

Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this Ordinance are being observed.

3.2.1.

If the proposed excavation, construction, moving, or alteration, or use of land, as set forth in the application are in conformity with the provisions of this Ordinance, the zoning administrator shall issue a zoning compliance permit. If any application for such permit is not approved, the zoning administrator shall state in writing on the application, the cause for such disapproval. Issuance of a permit shall in no case be construed as waiving any provisions of this Ordinance. No alteration of approved plans are allowed without the written consent of the zoning administrator.

3.2.2.

The zoning administrator is under no circumstance permitted to grant exceptions to the actual meaning of any clause, order or regulation, contained in this Ordinance to any person making application to excavate, construct, move, alter, or use either buildings, structures or land within the City.

3.2.3.

The zoning administrator is under no circumstance permitted to make changes to this Ordinance nor to vary the terms of this Ordinance in carrying out his duties as zoning administrator.

3.2.4.

The zoning administrator shall record all non-conforming uses existing at the effective date of this Ordinance within six (6) months after the adoption of this Ordinance for the purpose of carrying out the provisions of Article 5.

3.2.5.

The Zoning Administrator is hereby designated as the authorized city official to issue municipal civil infraction citations (directing alleged violators to appear in court) or municipal civil infraction violation notices (directing alleged violators to appear at the City of St. Clair Municipal Ordinance Violations Bureau) as provided in the St. Clair City Code of Ordinances.

The following shall apply in the issuance of any permit:

3.3.1.

Permits Required. It shall be unlawful for any person to commence excavation for, or construction of any building or structure, or moving of an existing building without first obtaining a zoning compliance permit and building permit from the zoning administrator. No permit shall be issued for the construction, alteration or remodeling of any building or structure until an application has been submitted in accordance with the provisions of this Ordinance, showing that the construction proposed is in compliance with the provisions of this Ordinance and with the building code.

No plumbing, electrical, drainage, or other permit shall be issued until the zoning administrator has determined that the plans and designated use indicate that the structure and premises, if constructed as planned and proposed, will conform to the provisions of this Ordinance.

"Alteration" or "repair" of an existing building or structure shall include any changes in structural members, stairways, basic construction, type, kind or class of occupancy, light or ventilation, means of egress and ingress or any other changes affecting or regulated by the building code or this Ordinance, except for minor repairs or changes not involving any of the aforesaid provisions. (See definition of term "altered" in previous article.)

3.3.2.

Permits Not Required. No permit is required for any of the following, provided that all provisions of this Ordinance are complied with:

A.

An accessory structure of less than one hundred dollars ($100.00) in value.

3.3.3.

Permits for New Use of Land. A building permit shall also be obtained for the new use of land, whether presently vacant or a change in land use is proposed.

3.3.4.

Permits for New Use of Building or Structures. A building permit shall also be obtained for any change in use of an existing building or structure to a different class or type.

3.3.5.

Basis of Denial for Permit Application. No permit applicant shall have outstanding, ongoing, or uncorrected violations of any city code; or, owe a debt to the city, including, but not limited to, outstanding tax liability or unpaid utility bills. An applicant's permit shall be denied until those outstanding issues are resolved.

(Ord. No. 2015-03, § 1, 8-3-15)

It shall be unlawful to use or permit the use of any land, building, or structure for which a building permit is required, and to use or permit to be used any building or structure hereafter altered, extended, erected, repaired, or moved, until the zoning administrator shall have issued a certificate of occupancy stating that the provisions of this Ordinance have been complied with.

A.

Certificate Validity. The certificate of occupancy as required for new construction of, or renovations to existing buildings and structures, in the building code, shall also constitute certificates of occupancy as required by this Ordinance.

B.

Certificates for Existing Building. Certificates of occupancy shall be issued for existing buildings, structures, or parts thereof, or existing uses of land if after inspection it is found that such buildings, structures, or parts thereof, or such use of land, are in conformity with the provisions of this Ordinance.

C.

Temporary Certificates. Temporary certificates of occupancy may be issued for a part of a building or structure prior to the occupation of the entire building or structure, provided that such temporary certificate of occupancy shall not remain in force more than six (6) months, nor more than five (5) days after the building or structure is fully completed and ready for occupancy and, provided further, that such portions of the building or structure are in conformity with the provisions of this Ordinance.

D.

Records of Certificates. A record of all certificates of occupancy shall be kept in the office of the zoning administrator, and copies of such certificates of occupancy shall be furnished upon request to a person or persons having a propriety or tenancy interest in the property involved.

E.

Certificates for Accessory Buildings to Dwellings. Accessory buildings or structures to dwellings shall not require a separate certificate of occupancy, but rather may be included in the certificate of occupancy for the principal dwelling, building, or structure on the same lot when such accessory buildings or structures are completed at the same time as the principal use.

F.

Application for Certificates. Certificates of occupancy shall be applied for in writing to the zoning administrator on forms provided by the zoning administrator, and shall be issued within ten (10) days after the 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 the provisions of this Ordinance. If such certificate is refused for cause, the applicant therefor shall be notified of such refusal and the cause thereof within the aforesaid ten-day period.

G.

Certificates for Non-Conforming Buildings and Uses. Reference is made to Article 5, Section 5.09.

3.5.1.

Application Requirement. Applications for special use approval authorized in the Ordinance shall be submitted to the zoning administrator in compliance with the requirements of the Ordinance regulating Site Plans and the following requirements.

3.5.2.

Notice. When the Zoning Administrator receives an application for a special approval use, notice shall be provided as specified in Section 3.11 of this Zoning Ordinance.

3.5.3.

Public Hearing. A public hearing with public notification shall be held by the Planning Commission.

3.5.4.

Planning Commission Action. Upon receipt of a site plan, the Planning Commission shall review the plan at a regularly scheduled meeting and recommend approval, approval with conditions, denial or shall table the site plan with stipulations as to any information that will be required to be provided from the applicant prior to a decision or recommendation being made at a subsequent meeting. The Planning Commission shall make a written statement of findings and conclusions relative to the special approval use which specifies the basis for the decision and any conditions imposed.

3.5.5.

Basis of Determination. The Planning Commission shall review the proposed special approval use in terms of the standards stated within this Ordinance and shall establish that such use and the proposed location:

A.

Will be harmonious and in accordance with the general objectives or any specific objectives of the Master Plan of Land Use.

B.

Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the area.

C.

Will not be hazardous or disturbing to existing or future nearby uses.

D.

Will be an improvement in relation to property in the immediate vicinity and to the community as a whole.

E.

Will be served adequately by essential public services and facilities or that the persons responsible for the establishment of the proposed use will provide adequately any such service or facility.

F.

Will not create excessive additional public costs and will not be detrimental to the economic welfare of the community.

G.

Will be consistent with the intent and purpose of this Ordinance.

3.5.6.

City Council Approval. The City Council shall review the recommendation of the Planning Commission at a regularly scheduled meeting of the City Council. The Council may impose such additional conditions and safeguards as recommended by the Planning Commission and/or other conditions deemed necessary for the general health, safety and welfare of the City of St Clair, for the protection of individual property rights and for insuring that the general spirit and purpose of the Ordinance and the District in which the special approval use is proposed, will be observed.

3.5.7.

Effect of Approval. Any approval given by the City Council shall remain in effect in as specified in section 9.1.6 of the ordinance regulating Site Plan approvals.

(Ord. No. 2007-02, § 1, 4-16-07)

The City Council may, from time to time, amend this Ordinance by changing or supplementing the district map, the districts on said map or the boundaries of such districts, district regulations or other provisions of this Ordinance. An amendment may be initiated by the City Council, by an interested person(s) or their agent(s), or by the Planning Commission, and when requested by an interested party shall be accompanied by a fee in an amount established by resolution of the City Council.

3.6.1.

Public Hearing and Notice. Before any amendment shall become effective, one public hearing shall be held thereon by the Planning Commission with notice as provided in Section 3.11 of this Zoning Ordinance. The City Council shall require a report from the City Planning Commission on any proposed amendment before taking final action hereon. The Commission shall thereupon submit its final report which shall include a summary of comments submitted at the public hearing. The City Council may hold additional public hearings if it considers it necessary.

3.6.2.

Procedures for Rezoning. When the Zoning Administrator receives an application for a rezoning, a public hearing and notice shall take place as specified in Section 3.11 of this Zoning Ordinance.

3.6.3.

Vote, After Protest. Upon presentation of a protest petition meeting, the requirements of this subsection, an amendment to the zoning ordinance which is the object of the petition shall be passed only by a two-thirds (⅔) vote of the City Council. The protest petition shall be presented to the City Council before final council action on the amendment, and shall meet signatory requirements of the following subparagraphs (a) or (b):

A.

The owners of at least twenty (20) percent of the area of land included in the proposed change.

B.

The owners of at least twenty (20) percent of the area of land included within an area extending outward one hundred (100) feet from any point on the boundary of the land in the proposed change.

For the purposes of the subsection, publicly-owned land shall be excluded in calculating the twenty (20) percent land area requirement.

3.6.4.

Publication of Amendment. Following adoption of a zoning ordinance amendment by the City Council, one notice of adoption shall be published in a newspaper of general circulation in the City within fifteen (15) days after adoption. The notice shall include the following information: Either a summary of the regulatory effect of the amendment including the geographic area affected, or the text of the amendment; the effective date of the amendment; the place and time where a copy of the Ordinance may be purchased or inspected. The filing and publication requirements in this section shall supersede charter provisions relating to the filing and publication of City ordinances.

3.6.5

Conditional Rezoning.

A.

Intent. The City recognizes that there are certain instances where it would be in its best interest, as well as advantageous to property owners seeking a change in zoning boundaries, if certain conditions could be proposed by property owners as part of a request for rezoning. It is the intent of this subsection to provide a process consistent with Section 405 of the Michigan Zoning Enabling Act, PA 110 of 2006, as amended, by which an owner seeking a rezoning may voluntarily propose conditions regarding the use and/or development of land as part of the rezoning request.

B.

Application and Offer of Conditions.

1.

An owner of land may voluntarily offer, in writing, conditions relating to the use and/or development of land for which rezoning is requested. This offer may be made either at the time the application for rezoning is filed or may be made at a later time during the rezoning process.

2.

The required application and process for considering a rezoning request with conditions shall be the same as that for considering rezoning requests made without any offer of conditions, except as modified by the requirements of this subsection.

3.

Before making application for conditional rezoning, an applicant shall schedule a pre-application submission meeting with the City Superintendent, the Zoning Administrator, or their designees, for a preliminary review of the application for conditional rezoning and so that the applicant has a thorough understanding of the process. The applicant shall pay the City's costs and expenses for this meeting.

4.

The owner's offer of conditions may not authorize uses or developments unpermitted in the requested new zoning district.

5.

The owner's offer of conditions shall bear a reasonable and rational relationship to the property for which rezoning is requested.

6.

Any use or development proposed as part of an offer of conditions that would require a special use permit, variance, or site plan approval under the terms of this Ordinance may only be commenced if the special use permit, variance, or site plan approval for such use or development is ultimately granted in accordance with the provisions of this Ordinance.

7.

The offer of conditions may be amended during the process of rezoning consideration provided that any amended or additional conditions are entered voluntarily by the owner.

C.

Planning Commission Review. The Planning Commission, after a public hearing as set forth in subsection 3.6.1, may recommend approval, approval with recommended changes, or denial of rezoning; provided, however, that any recommended changes to the offer of conditions are acceptable to and thereafter offered by the owner.

D.

City Council Review. After receipt of the Planning Commission's recommendation, the City Council shall deliberate upon the requested conditional rezoning and may approve, approve with recommended changes, or deny the request; however, that any recommended changes to the offer of conditions are acceptable to and thereafter offered by the owner.

E.

Approval.

1.

If the City Council finds the rezoning request and offer of conditions acceptable, the offered conditions shall be incorporated into a formal written Conditional Rezoning Agreement acceptable to the owner and conforming in form to the provisions of this subsection. The Conditional Rezoning Agreement shall be incorporated by attachment or otherwise as an inseparable part of the Ordinance adopted by the City Council to accomplish the requested rezoning.

2.

The Conditional Rezoning Agreement shall:

a.

Be in a form recordable with the St. Clair County Register of Deeds.

b.

Contain the legal description and tax identification number of the land to which it pertains.

c.

Contain a statement acknowledging that the Conditional Rezoning Agreement runs with the land and is binding upon successor owners of the land.

d.

Incorporate by attachment or reference any diagram, plans, or other documents submitted or approved by the owner that are necessary to illustrate the implementation of the Conditional Rezoning Agreement. If any such documents are incorporated by reference, the reference shall specify where the document may be examined.

e.

Contain a statement acknowledging that the Conditional Rezoning Agreement may be recorded by the City with the St. Clair County Register of Deeds.

f.

Contain the notarized signatures of all 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 Conditional Rezoning Agreement

3.

Upon the rezoning taking effect, the Zoning Map shall be amended to reflect the new zoning classification along with a designation the land was rezoned with a Conditional Rezoning Agreement. The City Clerk shall maintain a listing of all lands rezoned with a Conditional Zoning Agreement.

4.

The approved Conditional Rezoning Agreement shall be filed by the City with the St. Clair County Register of Deeds. The City Council shall have authority to waive this requirement if it determines that given the nature of the conditions and/or the timeframe within which the conditions are to be satisfied the recording of such a document would be of no material benefit to the City or to any subsequent owner of the land.

5.

Upon the rezoning taking effect, the use of the land so rezoned shall conform thereafter to all the requirements regulating use and development within the new zoning district as modified by any more restrictive provisions contained in the Conditional Rezoning Agreement.

F.

Compliance with Conditions.

1.

Any person who establishes a development or commences a use upon land that has been rezoned with conditions shall continuously operate and maintain the development or use in compliance with all the conditions set forth in the Conditional Rezoning Agreement. Any failure to comply with a condition contained within the Conditional Rezoning Agreement shall constitute a violation of this Ordinance and be punishable accordingly.

2.

No permit or approval shall be granted under this Ordinance for any use or development that is contrary to an applicable Conditional Rezoning Agreement.

G.

Time Period for Establishing Development or Use. Unless another time period is specified in the Ordinance, the approved development and/or use of the land pursuant to building or other required permits must be commenced upon the land within twelve (12) months after the rezoning took effect and thereafter proceed diligently to completion. This time limitation may upon written request be extended by the City Council if City Council determines: (1) that there is a strong likelihood that the development and/or use will commence within the period of extension and proceed diligently thereafter to completion; and (2) that there has not been a change in circumstances that would render the current zoning with Conditional Rezoning Agreement incompatible with other zones and uses in the surrounding area or otherwise inconsistent with sound zoning policy.

H.

Reversion of Zoning. If the approved development and/or use of the rezoned land does not occur within the timeframe specified under subsection (G) above, then the land shall revert to its former zoning classification. The reversion process shall be initiated by the City Council requesting that the Planning Commission proceed with consideration of rezoning of the land to its former zoning classification. The procedure for considering and making this reversionary rezoning shall be the same as applies to all other rezoning requests.

I.

Subsequent Rezoning of Land. When land that is rezoned with a Conditional Rezoning Agreement is thereafter rezoned to a different zoning classification or to the same zoning classification, but with a different or no Conditional Rezoning Agreement, whether as a result of a reversion of zoning pursuant to subsection (H) above, or otherwise, then the Conditional Rezoning Agreement imposed under the former zoning classification shall cease to be in effect.

The City Clerk shall record with the St. Clair County Register of Deeds that the Conditional Rezoning Agreement is no longer in effect.

J.

Amendment of Conditions.

1.

During the time period for commencement of an approved development and/or use specified pursuant to subsection (G) above, or during any extension thereof granted by the City Council, the City shall not add to or alter the conditions in the Conditional Rezoning Agreement.

2.

The Conditional Rezoning Agreement may be amended thereafter in the same manner set forth in subsection (B) above, as described for the original rezoning and Conditional Rezoning Agreement.

K.

City Right to Rezone. Nothing in the Conditional Rezoning Agreement or in the provisions of this Section shall be deemed to prohibit the City from rezoning all or any portion of land that is subject to a Conditional Rezoning Agreement to another zoning classification. Any rezoning shall be conducted in compliance with this Ordinance and the Michigan Zoning Enabling Act.

L.

Failure to Offer Conditions. The City shall not require any 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 Ordinance.

(Ord. No. 2007-02, § 1, 4-16-07; Ord. No. 2022-01, § 1, 2-7-22)

3.7.1.

Violations: Any firm, corporation or person who violates any provision of this zoning ordinance is responsible for a municipal civil infraction as defined in St. Clair City Code of Ordinances, subject to payment of a civil fine of not less than an amount adopted by resolution of the City Council, plus costs and other sanctions, for each infraction. Each day on which any violation of this Code or any ordinance continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense. Repeat offenses under this ordinance shall also be subject to increased fines as provided in the St. Clair City Code of Ordinances.

3.7.2.

Public Nuisance, Per Se: 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 Ordinance 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.

3.7.3.

Rights and Remedies: The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.

3.7.4.

General Responsibility: The City Council or its duly authorized representative is hereby charged with the duty of enforcing the Ordinance and said Council is hereby empowered to commence and pursue any and all necessary and appropriate actions and/or proceedings in the Circuit Court of St. Clair County, Michigan, or any other court having jurisdiction, to restrain and/or prevent any non-compliance with or violation of any of the provisions of this Ordinance, and to correct, remedy and/or abate such non-compliance or violation. And it is further provided that any person aggrieved or adversely affected by such a non-compliance or violation may institute suit and/or join the City Council in such a suit to abate the same.

As used in this section, "improvements" means those features and actions associated with a project which are considered necessary by the City 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, including roadways, lighting, utilities, sidewalks, screening and drainage. "Improvements" does not include the entire project.

3.8.1.

To insure compliance with the City of St. Clair Zoning Ordinance and any condition imposed thereunder, a cash deposit, certified check, or surety bond equal to a percentage as determined by the City Council of the site improvement costs may be required to insure faithful completion of the improvements.

3.8.2.

The performance guarantee shall be deposited with the City Treasurer at the time of the issuance of the permit authorizing the project. The City shall rebate to the applicant, as the work progresses, amounts of such deposit equal to the ratio of work satisfactorily completed to the entire project. Such rebates shall be based on the report and recommendation of the Code Enforcement Officer.

The City Council shall, by resolution, determine and set the fees to be charged for all permits, certificates and copies thereof, fees for appeals to the Board of Appeals, fees for application to the Planning Commission for special approval uses or site plan review, fees for rezoning applications, and fees for all other applications and services provided for in this Ordinance.

A complete record and copy of each application for each certificate or permit, and each permit or certificate issued pursuant to the provisions of this Ordinance, shall be filed with the City Clerk and be a part of the City records.

All applications for development approval requiring a public hearing shall comply with the Michigan Zoning Enabling Act, PA 110 of 2006, and the other provisions of this Section with regard to public notification.

A.

Responsibility: When the provisions of this ordinance or the Michigan Zoning Enabling Act require that notice be published, the Zoning Administrator shall be responsible for preparing the content of the notice, having it published in a newspaper of general circulation in the City of St. Clair and mailed or delivered as provided in this Section.

B.

Content: All mail, personal and newspaper notices for public hearings shall:

1.

Describe the nature of the request: Identify whether the request is for a rezoning, text amendment, special approval use, planned unit development, variance, appeal, ordinance interpretation or other purpose.

2.

Location: Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the subject 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 such as a tax parcel identification number, identifying the nearest cross street, or including a map showing the location of the property. No street addresses must be listed when eleven (11) or more adjacent properties are proposed for rezoning, or when the request is for an ordinance interpretation not involving a specific property.

3.

When and where the request will be considered: Indicate the date, time and place of the public hearing(s).

4.

Written comments: Include a statement describing when and where written comments will be received concerning the request. Include a statement that the public may appear at the public hearing in person or by counsel.

5.

Handicap Access: Include information concerning how handicap access will be accommodated if the meeting facility is not handicap accessible.

C.

Personal and Mailed Notice:

1.

General: When the provisions of this Ordinance or state law require that personal or mailed notice be provided, notice shall be provided to:

a.

The owners of property for which approval is being considered, and the applicant, if different than the owner(s) of the property.

b.

Except for rezoning requests involving eleven (11) or more adjacent properties or an ordinance interpretation request that does not involve a specific property; to all persons to whom real property is assessed within three hundred (300) feet of the boundary of the property subject to the request, regardless of whether the property or occupant is located within the boundaries of the City of St. Clair. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one (1) occupant of a structure, except that if a structure contains more than one (1) dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one (1) occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four (4) dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice maybe 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.

All neighborhood organizations, public utility companies, railroads and other persons which have requested to receive notice pursuant to Section 3.11E, Registration to Receive Notice by Mail.

2.

Notice by mail/affidavit: Notice shall be deemed mailed by its deposit in the United States mail, first class, properly addressed, postage paid. The Zoning Administrator shall prepare a list of property owners and registrants to whom notice was mailed, as well as of anyone to whom personal notice was delivered.

D.

Timing of Notice: Unless otherwise provided in the Michigan Zoning Enabling Act, PA 110 of 2006, or this Ordinance where applicable, notice of a public hearing shall be provided on an application for a rezoning, text amendment, special approval use, planned unit development, variance, appeal, or ordinance interpretation: not less than fifteen (15) days before the date the application will be considered for approval.

E.

Registration to Receive Notice by Mail:

1.

General: Any neighborhood organization, public utility company, railroad or any other person may register with the Zoning Administrator to receive written notice of all applications for development approval pursuant to Section 3.11C, Personal and Mailed Notice, or written notice of all applications for development approval within the zoning district in which they are located. The Zoning Administrator shall be responsible for providing this notification. Fees may be assessed for the provision of this notice, as established by the legislative body.

2.

Requirements: The requesting party must provide the Zoning Administrator information on an official form to ensure notification can be made. All registered persons must re-register biannually to continue to receive notification pursuant to this Section.

(Ord. No. 2007-02, § 1, 4-16-07)