The purpose of this article is to establish specific regulations and guidelines for the administration and enforcement of the Zoning Ordinance of the City of St. Joseph.

The zoning administrator shall be principally responsible for administration and enforcement of this ordinance.

It shall be the responsibility of the zoning administrator and his or her deputies to be thoroughly versed in the provisions of this ordinance and to enforce the provisions of this ordinance, and in so doing to perform the following duties:

14.3.1.

Issue Permits. The zoning administrator shall receive all applications for zoning permits, temporary zoning permits, land divisions, special use permits, planned unit development permits, variances, appeals, requests for ordinance interpretation and requests for changes to a nonconforming use, process the applications and issue appropriate permits when all applicable provisions of this ordinance have been met and approval has been granted by the proper body or official.

14.3.2.

File of Applications. The zoning administrator shall maintain files of all permit applications, and shall keep a record of all permits issued; these shall be filed in the office of the zoning administrator and shall be open for public review.

14.3.3.

Inspections. The zoning administrator shall not approve any plans or issue any permits until he or she has reviewed the application in detail and found it to conform with this ordinance. The zoning administrator shall be empowered to make inspections of buildings or premises in order to carry out the enforcement of this ordinance. The zoning administrator may seek a search warrant through the city attorney any time a property owner or occupant refuses to permit access to a property in order to allow an inspection to determine compliance with this ordinance.

14.3.4.

Limit on Zoning Administrator Authority.

A.

Under no circumstances is the zoning administrator permitted to make changes in this ordinance, nor to vary the terms of this ordinance while carrying out the duties prescribed herein, unless specifically authorized under this ordinance.

B.

The zoning administrator shall not refuse to issue a permit when the applicant has complied with all applicable conditions required by this ordinance. Violations of contracts such as covenants or private agreements which may result upon the granting of a permit are not cause to refuse to issue a permit.

14.3.5.

Prepare Forms, Manuals, and Guidelines. The zoning administrator may periodically prepare, maintain and/or update forms, procedure manuals and guidelines for the smooth administration of the zoning ordinance.

14.3.6.

Enforcement of Ordinance. The zoning administrator, or his or her designee, shall ensure conformance with issued permits, investigate alleged ordinance violations, issue violation notices, and undertake such other enforcement activities as may be authorized by the city commission or planning commission.

14.3.7.

Relief from Personal Responsibility. The zoning administrator, his or her deputy officer or other employees charged with the enforcement of this ordinance, while lawfully acting for the City of St. Joseph, shall not thereby render himself or herself liable personally, and he or she is relieved from all personal liability for any damage that may accrue to persons or property as a result of any lawful act required or permitted in the discharge of his or her official duties. Any suit instituted against the zoning administrator, or any officer or employee acting on behalf of the office of the zoning administrator, because of a lawful act performed by the employee in the lawful discharge of his or her duties and under the provisions of the ordinance shall be defended by the city attorney or other legal representative of the city, until the final termination of the proceedings. In no case shall the zoning administrator or any of his or her subordinates be liable for costs in any action, suit or proceeding that may be instituted in pursuance of the provisions of the ordinance.

14.5.1.

Zoning Permits.

A.

When Required. No land clearing, filling, nor excavation for any building or structure shall be commenced; nor erection of, addition to, alteration of, or moving of any building or structure shall be undertaken; nor any land used; nor any existing land use changed to a different type or class; nor the use or occupancy of any building or premises, or part thereof, shall be undertaken, without the issuance of the proper and appropriate certificates and permits pursuant to the requirements of this ordinance.

B.

Applications shall be on forms created for the type of zoning approval sought, and only the owner(s) of the property in question, or a person with the written authorization of the owner(s) to make the specific application, may apply. All applications shall be accompanied by a site plan as required in Article XII.

C.

The zoning administrator shall, within a reasonable time, review each application for completeness. If incomplete, the application shall be returned to the applicant, along with an explanation of the deficiencies. If complete, the application shall be reviewed within a reasonable time by the zoning administrator and other appropriate personnel and an approval or denial issued, unless a public hearing is required, in which case the application will be scheduled for consideration in a public hearing at a planning commission or zoning board of appeals meeting, as appropriate, which occurs no less than 24 days after the date of that determination. All hearings shall be preceded by public notice as required in Section 14.14.

D.

Any issued zoning permit shall clearly indicate what is authorized and whether the approval is for a permitted use, a temporary use, a conditional use, a special use, or a planned unit development; and whether a variance, nonconformity or other special authorization or exception permits the use under this ordinance.

E.

Revocation. The zoning administrator shall have the power to suspend or revoke any zoning permit in case of failure or neglect to comply with any provisions of this ordinance or the permit, or in the case of any false statement or misrepresentation made in the application. The applicant shall be notified of such revocation in writing. Upon such notification, all further construction activities and usage shall cease upon the site, other than for the purpose of correcting the cited violations. Revocation of a permit issued for a special use, planned unit development or variance shall not occur before a hearing by the body which granted the permit.

F.

Issuance. Whenever the buildings, structures, and uses set forth in an application satisfy the requirements of this ordinance, or a variance granted by the zoning board of appeals, the zoning administrator shall issue a zoning permit. In any case where a permit is denied, the reasons shall be stated in writing to the applicant.

G.

Relation to Nonconforming Uses. It shall not be necessary for an owner of a legal nonconforming structure or use, existing on the effective date of this ordinance to obtain a zoning permit in order to maintain its legal, nonconforming status. However, no nonconforming building, structure, or use shall be enlarged, expanded, or extended until a zoning permit pursuant to Article XXI has been issued by the zoning administrator. In such cases the permit shall state specifically how the nonconforming building, structure, or use differs from the provisions of this ordinance.

H.

Withholding Permit. The zoning administrator may withhold any zoning permit pending verification that an applicant has received required city, county, state or federal permits including, but not limited to, sanitary sewer and water tap-in permits, septic and water well permits, soil erosion and sedimentation control permits, wetlands permits, floodplain, culvert, driveway or building permits. Likewise, the city commission may condition final approval of the requested development activity upon the receipt of any of the above mentioned city, county, state or federal approvals and/or direct the zoning administrator not to issue a zoning permit until such permits from other agencies have been obtained.

I.

Performance Guarantee. A performance guarantee may be required as a condition to the issuance of any zoning permit in order to ensure conformance with the requirements of this ordinance. See Section 14.8.

The zoning administrator or building inspector shall inspect sites on which new buildings or structures will be erected prior to the pouring of footings and at such other time as is necessary to ensure the proper location of all buildings and structures, and to ensure conformance with this ordinance.

14.7.1.

Fees.

A.

The amount of all fees which may be assessed pursuant to this ordinance shall be determined, and periodically revised, by adoption of a schedule of fees by the St. Joseph City Commission. Fees shall be deposited with the city treasurer in advance of processing any application, issuance of any permit or inspection. Fees shall be based on actual or typical direct costs of inspection and supervision resulting from the enforcement of this ordinance and may include the cost of filing approvals with other entities. Such fees may also include, but are not limited to, all costs associated with conducting public hearings or inspections, including public notices, postage, photocopying, staff time, planning commission, city commission and/or zoning board of appeals time, mileage and any costs associated with reviews by qualified professional planners, attorneys, and/or engineers or other experts hired by the city.

B.

A fee is required for any application for approval of a site plan, special use, planned unit development, variance, or other use or activity requiring a permit under this ordinance, except for projects proposed by the City of St. Joseph or one of its agencies, or by any other public agency if the fee is waived by the city planning commission. An escrow fee may be requested for any project which may, in the discretion of the zoning administrator or planning commission create an identifiable and potentially negative impact on public infrastructure or services, or on adjacent properties and because of which, professional input is desired before a decision to approve, deny or approve with conditions is made.

C.

The escrow shall be used to pay professional review expenses of engineers, community planners, and any other professionals whose expertise the city values to review the proposed application and/or site plan of an applicant. Professional review shall result in a report to the city indicating the extent of conformance or nonconformance with this ordinance and to identify any problems which may create a threat to public health, safety or the general welfare. Mitigation measures or alterations to a proposed design may be identified where they would serve to lessen or eliminate identified impacts. The applicant will receive a copy of any professional review hired by the city and a copy of the statement of expenses for the professional services rendered.

D.

No application for approval for which an escrow fee is requested will be processed until the escrow fee is deposited with the city treasurer. The amount of the escrow fee shall be established based on an estimate of the cost of the services to be rendered by the professionals contacted by the zoning administrator. The applicant is entitled to a refund of any unused escrow fees at the time a permit is either issued or denied in response to the applicant's request.

E.

If actual professional review costs exceed the amount of an escrow, the applicant shall pay the balance due prior to receipt of any zoning permit or other permit issued by a representative of the city in response to the applicant's request. Failure of the applicant to make timely payment of any balance due will entitle the city to place a lien on the subject property.

14.8.1.

Requirements. In authorizing any zoning permit, special use permit, planned unit development, site plan approval or variance, the body or official which approves the respective request, as designated by this ordinance, may require that a performance guarantee or bond be furnished: (1) to ensure compliance with the requirements, specifications and conditions imposed with the grant of such approval, permit or variance; and (2) to provide sufficient resources for the city to complete required improvements or conditions in the event the permit holder does not.

14.8.2.

Improvements Covered. Improvements that shall be covered by the performance guarantee or bond include, but are not necessarily limited to: streets and other roadways, utilities, fencing, screening, landscaping, common open space improvements, lighting, drainage and sidewalks; provided the city may not collect a performance guarantee for improvements it has already collected a guarantee on, such as improvements in a subdivision constructed under the Land Division Act, PA 288 of 1967, as amended. The performance guarantee shall meet the following requirements:

A.

Form. The performance guarantee shall be in the form of cash, certified check, irrevocable bank letter of credit, surety bond, or similar instrument acceptable to the city treasurer, which names the property owner as the obligor and the city as the obligee.

B.

Time when Required. The performance guarantee or bond shall be submitted at the time of issuance of the permit authorizing the activity of the project. If appropriate, based on the type of performance guarantee submitted, the city shall deposit the funds in an interest bearing account in a financial institution with which the city regularly conducts business.

C.

Amount. The amount of the performance guarantee or bond should be sufficient to cover the estimated cost of the improvements or conditions. Additional guidelines for establishing the amount of a performance guarantee or bond may be prescribed by resolution of the city commission. If none are specified or applicable to the particular use or development, the city commission shall by resolution establish a guideline which it deems adequate to deal with the particular problem while ensuring the protection of the city and its inhabitants.

14.8.3.

Return of Performance Guarantee or Bond. The zoning administrator, upon the written request of the obligor, and pursuant to the procedure in the next subsection, 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 or condition.

14.8.4.

Withholding and Partial Withholding of Performance Bond. As required improvements are completed, or when all of the required improvements have been completed, the obligor shall send written notice to the zoning administrator of completion of said improvements. Thereupon, the zoning administrator shall inspect all of the improvements and shall transmit recommendation to the city commission indicating either approval, partial approval, or rejection of the improvements or conditions with a statement of the reasons for any rejections. If partial approval is indicated, the cost of the improvement or condition rejected shall be set forth.

A.

The city commission shall either approve, partially approve or reject the improvements or conditions with the recommendation of the zoning administrator's written statement and shall notify the obligor in writing of the action of the city commission 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 or bond, except for that portion adequately sufficient to secure provision of the improvements not yet approved.

B.

Should installation of improvements begin and fail to meet full completion based on the approved site plan, or if the project area is reduced in size and improvements are only partially completed or conditions only partially met, the city may complete the necessary improvements or conditions itself or by contract to an independent developer, and assess all costs of completing the improvements or conditions against the performance guarantee or bond. Any unused balance remaining would be returned to the applicant, any excess expense would be recorded as a lien on the property.

14.8.5.

Record of Performance Guarantees. A record of authorized performance guarantees shall be maintained by the city.

The approval to engage in any land Use activity or to construct a building or structure that is bestowed by a zoning permit or other permit issued under the authority of this ordinance, or any variance granted by the zoning board of appeals, runs with the land, unless suspended or revoked as provided in this ordinance or unless the use is abandoned or discontinued, and another use is established pursuant to the requirements of this ordinance.

14.10.1.

Appeals. Any decision of the zoning administrator may be appealed to the zoning board of appeals (see Section 15.4). An appeal must be filed within 60 days of the decision. All written records of the zoning administrator related to an appeal shall be provided to the zoning board of appeals. The board shall review the decision in light of the applicable procedures and standards in the ordinance and may overturn the decision of the zoning administrator only where the facts or law do not support the decision made.

14.10.2.

Notification of Department of Environmental Quality. The zoning administrator shall inform the department of environmental quality if the appeal involves an area of special flood hazard, high risk erosion area or designated sand dune at the time an appeal is filed.

14.11.1.

Conditional Approvals.

A.

As provided in the City-Village Zoning Act, PA 207 of 1921, site plans for special uses, planned unit developments or other discretionary approvals may be approved with reasonable conditions.

B.

The conditions may include conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner.

C.

A site plan shall be approved if it contains the information required and is in compliance with this zoning ordinance and with the conditions imposed pursuant to this ordinance, other applicable ordinances, and state and federal statutes.

D.

Decisions rejecting, approving, or conditionally approving a site plan shall be based upon requirements and standards contained in this zoning ordinance, other applicable ordinances, and state and federal statutes.

E.

Once the site plan is approved and properly signed, any necessary special use permit, planned unit development permit, zoning permit, or building permit may be issued; the site plan becomes part of any permit issued.

14.12.1.

Recording Conditions with Register of Deeds. At the direction of the body or official making the final decision to approve or approve with conditions a planned unit development, special use, variance or other discretionary approval authorized by this ordinance, or as otherwise may be specified by this ordinance, or at the discretion of the zoning administrator, an approval or approval with conditions may be recorded with the Berrien County Register of Deeds. The following requirements shall be met with each such recording:

A.

The applicant shall record an affidavit with the Berrien County Register of Deeds containing the full legal description of the project site, specifying the date of final city approval, and declaring that all improvements will be carried out in accordance with the approved site plan or variance unless an amendment thereto is adopted by the city. In addition, all deed restrictions and easements associated with the property shall be duly filed with the register of deeds and copies of all recorded documents shall be presented to the zoning administrator.

B.

Record of Agreement. A copy of any agreement between joint users of parking areas shall be filed with the application for a building permit and recorded with the Berrien County Register of Deeds. The agreement shall include a guarantee for continued use of the parking facility by each party and proper maintenance of the parking ingress and egress areas. A copy of all recorded documents shall be presented to the zoning administrator.

C.

All documents to be recorded with the Berrien County Register of Deeds shall be first reviewed and approved as to form and content by the city attorney.

14.13.1.

Expiration of Authorization. Expiration of Permit: Any variance or permit granted under this section shall become null and void after 36 months from the date of granting such variance or permit, and it shall be conclusively presumed that the applicant has waived, withdrawn, and abandoned his appeal or his application, and all permission, variances, and permits granted to him shall be deemed automatically rescinded, unless the use or activity authorized shall have fully commenced or the building or other structure authorized shall have been substantially completed.

14.13.2.

Extension of Authorization. The period of time allotted to commence or to complete work allowed or required under a special use permit or planned unit development permit granted under this ordinance may be extended by resolution of the city commission following a public hearing.

The applicant shall pay the special use permit or planned unit development application fee, as appropriate, and shall provided information regarding the requested duration of the extension and the reason for the request. The zoning administrator shall, within a reasonable time, review this information for completeness. If incomplete, the applicant shall be made aware of the deficiencies. if complete, the application shall be scheduled for consideration in a public hearing at a city commission meeting, which occurs no less than 24 days after the date of that determination. Notice of the public hearing shall be given pursuant to Section 14.14.

A time extension may be granted only if the required findings or standards required for approval, including the portions of the comprehensive plan relied upon, remain valid, if the permit has not yet expired at the time the extension is granted, and if the applicant is not disqualified from receiving a permit under Section 23.3.3 of this ordinance. In making its decision, the city commission may review the required findings and standards required for approval in light of the actual circumstances experienced since the original approval of the project. If the city commission determines that there is a deficiency in regard to any of the findings and standards, the time extension may not be granted under this section, but the applicant may apply for a revised special use permit or planned unit development permit under the appropriate section of this ordinance.

Any requested change other than a time extension must be considered as a new application under the appropriate section of this ordinance.

Additional extensions may be requested and granted under the same procedure described above.

14.14.1.

Public Notification. When an application that requires a public hearing for approval has been filed with all of the required information, and the fee paid, the zoning administrator shall place the application or appeal upon the calendar for hearing and the city shall give the notices required by this section. Notice for all such public hearings shall comply with the following provisions:

A.

Content. All notices for public hearings, whether done by newspaper publication or mail (written notice) shall:

1.

Identify the application and the name and address of the applicant or the applicant's agent.

2.

Indicate the date, time and place of the public hearing(s).

3.

Describe the land involved by street address, or if no street address, by legal description and nearest cross street, and area (size) of lot or parcel or other means of identification.

4.

Describe the nature, scope and purpose of the application or proposal.

5.

Include a statement indicating that the public may appear at the public hearing in person or by counsel, be heard and submit evidence and written comments with respect to the application.

6.

Include a statement describing when and where written comments will be received prior to the public hearing.

7.

Indicate whether the hearing room is handicapped accessible.

B.

Published Notice. When the provisions of this ordinance require that notice be published, the city shall be prepare the content of the notice and publish the notice in a newspaper of general circulation within the city.

C.

Written (Mailed) Notice.

1.

General. When the provisions of this ordinance require that written or mailed notice be provided, the city shall mail that notice to:

a.

All property owners of the land subject to the application, as well as the applicant if the applicant is not such an owner.

b.

All owners of real property located within 300 feet of the boundary of the land subject to the application, whether or not the property is located within the City of St. Joseph. The names of owners shall be determined from the current assessment roll.

c.

All persons who have requested to receive notice pursuant to Section 14.14.2, Registration to Receive Notice.

d.

Occupants of all structures within 300 feet of the boundary of the land subject to the application, whether or not the property is located within the City of St. Joseph. 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 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 mailed notice. In the case of a single structure containing 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.

e.

Failure to give proper notice shall not invalidate a proceeding unless mandated by state law.

2.

Notice by mail. Notice shall be deemed mailed by its deposit in the United States mail, first class, properly addressed, postage paid. The city clerk shall prepare a list of persons to whom notice was mailed as well as the date of mailing.

D.

Open Meetings Act. Notices shall be posted in accordance with the Open Meetings Act, Public Act 276 of 1976.

E.

Timing of Notice. Unless otherwise provided in state law, notice shall be provided not less than 15 days before the public hearing.

F.

Exceptions.

1.

In the event that 11 or more adjacent properties are proposed for rezoning under Article XXII of this ordinance, the city shall not be required to mail notices as described under Section 14.14.1.C, nor shall the city be required to include the street addresses as described under Section 14.14.1.A.3.

2.

An amendment for the purpose of conforming a provision of the zoning ordinance to the decree of a court of competent jurisdiction may be adopted by the city commission without the notice required by this section. The adopted amendment must be published as described in Section 22.4.

14.14.2.

Registration to Receive Notice.

A.

General. Any person may register with the zoning administrator to receive written notice of all applications for development approval pursuant to Section 14.14.1.C. Fees may be assessed to cover the cost of written notice provided under this subsection. Notice may be provided by mail, facsimile, or electronic mail if requested.

B.

Requirements for Eligibility. To be eligible for registration, the requesting party must provide the zoning administrator information in the form required by the zoning administrator to ensure notification can be made. All persons that have been registered must re-register biennially to remain registered and continue to receive notification pursuant to this section.

14.15.1.

Public and Applicant Comments Related to a Hearing. Any interested party may appear and be heard at such hearing in person or by agent or attorney.

14.15.2.

Adjournment and Resumption of a Hearing. Upon the date for hearing any application or appeal, the planning commission, city commission or zoning board of appeals may adjourn the hearing in order to obtain additional information, or to cause service of such further notice as it deems proper. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the resumption of the hearing, provided the hearing is continued within 36 hours, pursuant to Section 15.265(5) of the Open Meetings Act, Public Act 276 of 1976.

14.15.3.

Failure to Appear at a Hearing. If an applicant fails to appear at the hearing, in person or through an agent or attorney, the planning commission, city commission or zoning board of appeals shall conduct the hearing and issue its decision based on the information available at the hearing.