1.

Jurisdiction: The City Council shall retain the following duties and responsibilities under this Ordinance:

a.

Take final action on applications for amendments to the Zoning Ordinance text or map and special use permits.

b.

Take action on applications for temporary buildings, structures and uses of land.

c.

Designate certain days on which business establishments may conduct their businesses outside the building or structure.

d.

Receive and act upon all annual reports on the effectiveness of this Ordinance along with recommendations for changes.

2.

"Final Action by City Council: All decisions and findings of the City Council related to the Zoning Ordinance shall, in all instances, be the final administrative decisions and shall be subject to judicial review as may be provided by law."

1.

Duties: The City Zoning Administrator and such deputies or assistants as have been, or shall be, duly appointed shall enforce the Zoning Regulations and in addition thereto, and in furtherance of such authority, shall:

a.

Register all nonconforming uses when they are identified.

b.

Conduct inspections of buildings, structures and uses of land to determine compliance with the provisions of this Ordinance.

c.

Issue violation notices that require compliance within ten (10) days, and advise suspected violators of right of appeal.

d.

Require that all construction or work of any type be stopped when such work is not in compliance with this Ordinance.

e.

Forward, to the Planning Commission, applications for amendments to the Zoning Ordinance text or map and special uses.

f.

Forward, to the Zoning Board of Appeals, applications for appeals and variances.

g.

Forward, to the City Council, applications for temporary buildings, structures and uses of land.

h.

Review all cases of encroachment into required yards.

i.

Interpret the Zoning Regulations when questions arise.

j.

Determine which uses, though not contained by name in a zoning district list of permitted uses, are of the same general character and permit their establishment.

k.

Determine the parking or loading class of a use which is not contained by name in a parking or loading class.

l.

Initiate a study of the provisions of the Zoning Ordinance, and make a report to the Mayor not less frequently than once a year.

m.

Initiate an examination of the administrative record of variances and appeals and make a report to the Mayor not less frequently than once a year.

1.

Creation and Membership: The Zoning Board of Appeals, as previously established under the provisions of the Michigan State Statutes and Resolution 100-B of the City Ordinance, is the Zoning Board of Appeals referred to in this Ordinance.

2.

Jurisdiction: The Zoning Board of Appeals shall discharge the following duties and responsibilities under this Ordinance:

a.

Review all appeals from any order, requirement, decision or determination made by the City Zoning Administrator under the Zoning Ordinance in the manner prescribed by and subject to the standards established herein and report findings and recommendations to the City Council in accordance with the provisions of Section 9-28 of this Ordinance.

b.

Review all applications for variances from the provisions of the Zoning Ordinance in the manner prescribed by and subject to the standards established herein and report findings and recommendations to the City Council in accordance with the provisions of Section 9-31 of this Ordinance.

c.

Advise the City Council on all matters referred to it or upon which it is required to review under this Ordinance.

d.

Receive and consider the report of the City Zoning Administrator as related to the effectiveness of this Ordinance and report the Board's conclusions and recommendations to the City Council not less frequently than once a year.

3.

Decisions of the Zoning Board of Appeals: All decisions of the Zoning Board of appeals on any appeals or on any applications for a variance or on any other matter shall, in all instances, be final.

1.

Creation and Membership: The Planning Commission, as previously established under the provisions of the Michigan State Statutes and Resolution 100-A of the City Ordinance, is the Planning Commission referred to in this Ordinance.

2.

Jurisdiction: The Planning Commission shall discharge the following duties and responsibilities under this Ordinance:

a.

Review all applications for amendments to the Zoning Ordinance (text or map), in the manner prescribed by and subject to the standards established herein and report findings and recommendations to the City Council in accordance with the provisions of Section 9-29 of this Ordinance.

b.

Review all applications for special uses, in the manner prescribed by and subject to the standards established herein, and report findings and recommendations to the City Council.

c.

Advise the City Council on all matters referred to it or upon which it is required to review under this Ordinance.

d.

Receive and consider the report of the City Zoning Administrator as related to the effectiveness of this Ordinance and report the Commission's conclusions and recommendations to the City Council not less frequently than once a year.

e.

Initiate amendments to the Zoning Ordinance, text or map.

f.

The review and update of the Comprehensive Plan no less than every five (5) years. Text or Map.

g.

Implement and uphold City Comprehensive Plan as it may be amended.

1.

Authority: The Zoning Board of Appeals may vary the regulations of this Ordinance in harmony with their general purpose and intent.

2.

Standards for Variances: The Zoning Board of Appeals shall not grant a variance from the regulations of this Ordinance unless it shall make findings based upon the evidence presented to it in each specific case that:

a.

The variance is in harmony with the general purpose and intent of this Ordinance; and

b.

Strict enforcement of this Ordinance would result in practical difficulties or impose exceptional hardships due to special and unusual conditions which are not generally found on other properties in the same zoning district; and

c.

The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by this Ordinance; and

d.

The variance, if granted, will not alter the essential character of the neighborhood and will not be a substantial detriment to adjacent property.

The City Council shall not vary the provisions of this Ordinance concerning permitted uses, special uses or the regulation of nonconforming uses.

3.

Procedures for Variances: An application for a variance shall be processed in accordance with the provisions of Section 9-31 of this Ordinance.

4.

Initiation of Variance: A variance may be proposed by a person being the owner, lessee, with owners consent, or contract purchaser of the subject property.

5.

Conditions and Restrictions: The Zoning Board of Appeals may impose conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards set forth in this Section.

If a time limit is set forth by which conditions and restrictions must be completed, they shall be so completed in the time specified. If no such time limit is specified, then the conditions and restrictions shall be completed within a reasonable amount of time. The applicant shall be obliged to fulfill and maintain all conditions and restrictions for as long as the variance is utilized or in effect.

Such conditions and restrictions shall be reasonably conceived to fulfill public needs emanating from the proposed variance.

Changes or alterations of conditions and restrictions shall be processed in the manner set forth in this Section for variances.

The variance shall be valid only if the conditions and restrictions imposed upon the premises are fulfilled.

6.

Effective Period of Variance:

a.

No variance shall be valid for a period longer than one (1) year from the date of the ordinance granting the variance unless a building permit is obtained within such period and the erection or alteration of a building or structure is started or the use is commenced within such period.

b.

A variance shall not be valid if a building, structure or use of land for which a variance has been granted is destroyed or damaged by fire, collapse, explosion or other casualty or natural disaster to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed fifty percent (50%) of the replacement cost of the building, structure or use of land at the time of destruction or damage.

c.

In the event such damage or destruction is less than fifty percent (50%) of the replacement cost of the building, structure or use of land, the variance shall be valid only if such restoration is started within six (6) months from the date of partial destruction and restoration proceeds and does not cease for a period of sixty (60) days and completion is accomplished within twenty four (24) months from the date of partial destruction.

1.

Procedure for Appeals: An appeal may be taken from any order, requirement, decision or determination of the City Zoning Administrator. The appeals shall be made within forty-five (45) days of the action by filing with the City Zoning Administrator a notice of appeal specifying the grounds thereof. The City Zoning Administrator shall forthwith transmit, to the Zoning Board of Appeals; all of the papers constituting a record upon which the action appealed from were taken. A hearing before the Zoning Board of Appeals shall be held within twenty (20) days of the filing of the petition.

2.

The Zoning Board of Appeals shall transmit its written findings and decisions of the appeal within a reasonable time, but in no event more than sixty (60) days after the filing of the notice of appeal, and shall promptly forward a copy of the decision to the parties.

1.

Authority: The City Council, after receiving a report from the Planning Commission containing its findings and recommendations, may amend the regulations of this Ordinance or may amend the zoning district boundary lines.

2.

Standards for Amendments: The Planning Commission shall not recommend nor shall the City Council grant an amendment to alter the zoning district boundary lines unless it shall make findings based upon the evidence presented to it in each specific case that:

a.

The amendment promotes the public health, safety, comfort, convenience and general welfare and complies with the policies and official land use plan and other official plans of the City; and

b.

The trend of development in the area of the subject property is consistent with the requested amendment; and

c.

The requested zoning classification permits uses which are more suitable than the uses permitted under the existing zoning classification; and

d.

The property cannot yield a reasonable return if permitted to be used only under the conditions allowed under the existing zoning classification; and

e.

The amendment, if granted, will not alter the essential character of the neighborhood and will not be a substantial detriment to adjacent property.

3.

Procedure: An application for an amendment shall be processed in accordance with the provisions of Section 9-31 of this Ordinance.

4.

Initiation of Amendment: An amendment which alters the zoning district boundary line may be proposed by the City Council, Planning Commission or by a person being the owner, lessee, with owner's consent or contract purchaser of the subject property. Text amendments may be initiated by the City Council or Planning Commission.

5.

Decision of the City Council: After recommendation by the Planning Commission, the City Council may grant, deny or grant with the modification, an amendment, or may refer the proposed amendment back to the Planning Commission for further consideration. If the City Council grants the amendment, it shall adopt an ordinance approving the amendment.

If no action is taken by the City Council within six (6) months after the report of the Planning Commission, the application shall be deemed to have been approved. In case of written protest against any proposed amendment signed and acknowledged by 1) owners of twenty percent (20%) of the frontage proposed to be altered; or 2) by the owners of twenty percent (20%) of the frontage immediately adjoining; or 3) by owners of twenty percent (20%) of the frontage directly opposite the frontage to be altered, and filed with the City Clerk, the amendment cannot be passed except on the favorable vote of four (4) members of the City Council.

6.

Conditions and Restrictions: The Planning Commission may recommend and the City Council may impose conditions and restrictions upon the premises benefited by an amendment as may be necessary to comply with the standards set forth in this Section. They shall relate directly to the regulations and provisions of this Ordinance.

If a time limit is set forth by which conditions and restrictions must be completed, they shall be so completed in the time specified. If no such time limit is specified, then the conditions and restrictions shall be completed within a reasonable amount of time. The applicant shall be obliged to fulfill and maintain all conditions and restrictions for as long as the amendment is utilized or in effect.

Such conditions and restrictions shall directly benefit the premises described in the amendment and shall be imposed only if the City Council finds them necessary to prevent circumstances which may be adverse to public health, safety and welfare. Such conditions and restrictions shall be reasonably conceived to fulfill public needs emanating from the proposed land use. Changes or alterations of conditions and restrictions shall be processed in the manner set forth in this Section for amendments.

1.

Authority: The development and execution of this Ordinance is based upon the division of the City into zoning districts within which districts the use of buildings, structures and land, and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts, without consideration, in each case, of the impact of those uses upon adjacent land and of the public need for the particular use in the particular location. The City Council, after receiving a report from the Planning Commission containing its findings and recommendations, may allow a special use in a particular zoning district or districts.

2.

Standards for Special Uses: The Planning Commission shall not recommend nor the City Council grant a special use in a particular zoning district or districts unless it shall make findings based upon the evidence presented to it in each specific case that:

a.

The establishment, maintenance or operation of the special use will not be detrimental to, or endanger the public health, safety and general welfare; and

b.

The special use will not be injurious to the use and enjoyment of other diminish and impair property in the immediate area for the purposes already permitted, nor substantially property values within the neighborhood; and

c.

The establishment of the special use will not impede the normal and orderly development and improvement of the adjacent property for uses permitted in the district.

3.

Procedure for Special Uses: An application for a special use shall be processed in accordance with the provisions of Section 9-30 of this Ordinance.

4.

Initiation of Special Use: A special use may be proposed by a person being the owner, lessee or contract purchaser with owner's consent of the subject property.

5.

Decision of the City Council: After recommendation by the Planning Commission, the City Council may grant, deny or grant with modification, the special use, or may refer the proposed special use back to the Planning Commission for further consideration. If the City Council grants a special use, it shall adopt an ordinance authorizing the special use. If the City Council does not concur with the recommendation of the Planning Commission to deny, the favorable vote of four (4) members of the City Council shall be necessary to pass an ordinance granting the special use.

6.

Conditions and Restrictions: The Planning Commission may recommend and the City Council may impose conditions and restrictions upon the premises benefited by a special use as may be necessary to comply with the standards set forth in this Section.

If a time limit is set forth by which conditions and restrictions must be completed, they shall be so completed in the time specified. If no such time limit is specified, then the conditions and restrictions shall be completed within a reasonable amount of time. The applicant shall be obliged to fulfill and maintain all conditions and restrictions for as long as the special use is utilized or in effect.

Such conditions and restrictions shall be reasonably conceived to fulfill public needs emanating from the proposed land use. Changes or alterations of conditions and restrictions shall be processed in the manner set forth in this Section for special uses.

7.

Effective Period of a Special Use: The granting of a special use shall be authorized for only one (1) specific special use.

No special use shall be valid for a period longer than one (1) year from the date of the ordinance granting the special use unless a building permit is obtained within such period and the erection or alteration of a building or structure is started or the use is commenced within such period. If the special use is not utilized for any continuous period of one (1) year, said special use shall, to the extent of such non-utilization, become void. Upon voiding of the special use, the parcel of land shall conform to the permitted uses and other regulations of the zoning district in which it is located unless an amendment or other special use is applied for and granted. This Section shall be applicable to all special uses except Planned Unit Developments for which the provisions of Article 4 Section 9-40 of this Ordinance shall apply.

1.

Procedure: The process for obtaining a variance, amendment (except Zoning Ordinance text amendment and City initiated map amendment), or special use shall be as follows:

a.

An application shall be filed in writing with the City Zoning Administrator and shall include a drawing of the property showing its dimensions, and also showing all streets, alleys and other properties within fifty feet (50') to one hundred fifty feet (150') of the subject property, as determined by Staff. The City Zoning Administrator shall forward the application to the City Clerk for processing and to the City Council. The City Zoning Administrator shall transmit the application to the Planning Commission or Zoning Board of Appeals, as appropriate, for review and Public Hearing. The application shall contain such information as may be required. The Planning Commission or the Zoning Board of Appeals, as appropriate, shall hold a Public Hearing within sixty (60) days after filing of the application.

b.

Notice of the Public Hearing shall be published at least once before the Public Hearing, in a newspaper or general circulation in the City or public posting at City hall; twenty four (24) hours in advance of meeting.

The applicant shall post notice of the Public Hearing on a sign upon the property for which the rezoning, special use is sought. The sign shall be of such a size and coloring and with letters of sufficient size as to be clearly legible to the public view on all adjacent public rights-of-way. The sign shall contain the number assigned to the application, the place, the nature, the purpose, and the date and time of such hearing and the office address of the City Clerk where full information including a legal description may be obtained concerning the application, and shall be posted not more than thirty (30) days nor less than fifteen (15) days in advance of such hearing.

The applicant shall also give written notice to the owner of record, as shown on the record of the local real estate tax collector, of all property owners adjacent to subject property, exclusive of public rights-of-way, of the property lines of the lot for which the variance, amendment or special use is sought. The written notices shall be delivered personally or may be sent by certified or registered mail, properly addressed, with sufficient postage affixed thereon, with return receipt requested. The applicant shall file a sworn affidavit with copies of the notices with the City Clerk, showing the names and addresses of the persons to whom the written notices have been sent. Said affidavit shall be a presumption of the giving of said notices.

All published notices shall contain the number assigned to the application, the place, the nature, the purpose and the date and time of such hearing, and the common address or location of the property in question, the name and address of the applicant and owner of the property, and the office address of the City Clerk where full information including a legal description may be obtained concerning the application, and shall be published or served not more than thirty (30) days nor less than fifteen (15) days in advance of such hearing.

c.

The Public Hearing shall be conducted by the Planning Commission or Zoning Board of Appeals, as appropriate, and a record of such proceedings shall be preserved in such manner as the Planning Commission or Zoning Board of Appeals shall, by rule, prescribe from time to time.

d.

The Planning Commission or Zoning Board of Appeals, as appropriate, shall make written findings of fact and shall submit same together with its recommendations to the City Council.

e.

After recommendation by the Planning Commission or the Zoning Board of Appeals, as appropriate, the City Council may grant, deny or grant with modification, the proposed variance, amendment or special use. If the City Council grants the proposed variance, amendment or special use, it shall adopt an ordinance approving the application.

2.

Zoning Ordinance Text Amendments and City Initiated Map Amendments: The process for a Zoning Ordinance Text Amendment or a City initiated map amendment shall be as follows:

a.

The Planning Commission or the City Council may initiate a Zoning Ordinance text amendment or map amendment. The Planning Commission shall review the amendment and hold a public hearing.

b.

For text amendments which eliminate a permitted or special use from a zoning district list of permitted or special uses or which imposes more stringent regulations on any zoning district and for City initiated map amendments, notice of the public hearing shall be published one time before the public hearing, not more than thirty (30) nor less than fifteen (15) days prior to the date of public hearing in a newspaper of general circulation in the City.

In addition to the published notice provided above, written notice of public hearings for all City initiated map amendments, other than for the revocation of a planned unit development as provided in Article 4 Section 9-38 of this Ordinance, shall be given to the persons to whom the current real estate tax bills are sent, as shown on the record of the local real estate tax collector, for each parcel of property affected by such City initiated map amendment. All such notices shall be posted as first class, United States letter carrier mail, not less than ten (10) days prior to the date of the public hearing.

c.

The public hearing shall be conducted by the Planning Commission and a record of such proceedings shall be preserved in such a manner as the Planning Commission shall, by rule, prescribe from time to time.

After recommendation by the Planning Commission, the City Council may, by ordinance, grant, deny or grant with modification, the proposed Zoning Ordinance text or map amendment.

Upon filing an application for a variance, amendment or special use, the applicant shall pay a fee as set by the City Council by Resolution #101.

It shall be unlawful for the owner of any real property located within the City to violate, disobey, neglect, omit, refuse to comply with, or resist the enforcement of any of the provisions of this Zoning Ordinance.

Upon making a determination that there exists a violation of this Ordinance, the City Zoning Administrator shall notify, in writing, the owner of the property upon which such violation exists. Upon receipt of such notice of violation, the property owner shall, within ten (10) days, eliminate any violation of this Ordinance existing upon his property.

Any person who violates, disobeys, neglects, omits, refuses to comply with, or resists the enforcement of any of the provisions of this Ordinance shall, upon conviction, be fined not more than five hundred dollars ($500) for each offense, and each day that a violation continues to exist shall constitute a separate offense.