Except where otherwise stated in this ordinance, the provisions of this ordinance shall be administered and enforced by the Building Official of the City of Sterling Heights, his or her deputies, or such other person as may be designated by the City Manager. The City Manager may establish other regulations which apply to satellite dishes and similar equipment by providing them in a document to be made readily available to antenna users. Such regulations shall not be more burdensome to affected antenna users than is necessary to accomplish a clearly defined and stated safety objective.

(Ord. No. 278-U, § 18, 1-6-98; Ord. No. 278-OO, § 15, 8-5-09)

   A.   The Building Official shall have the power to grant zoning compliance permits and certificates of occupancy or use and to make inspections of buildings or premises necessary to carry out his or her duties in the enforcement of this ordinance.

   B.   The Building Official shall have the plans, specifications and other material submitted with each application for a building and/or zoning compliance permit reviewed by the appropriate city departments. The Building Official shall not issue any building and/or zoning compliance permit until such plans and specifications have been reviewed in detail and found to conform with this ordinance.

   C.   Issuance of a zoning compliance or building permit shall in no case be construed as waiving any provision of this ordinance.

   D.   The Building Official under no circumstances is permitted to grant exceptions to the actual meaning of any clause, order or regulation nor to make changes or to vary the terms of this ordinance.

   E.   Deed restrictions, covenants or private agreements have no basis for approval or denial of a building and/or zoning compliance permit.

   F.   If any application for a permit is not approved, the Building Official shall state in writing the cause for such disapproval.

   G.   If the Building Official shall find that any provisions of this ordinance is being violated, he or she shall notify the person responsible for such violation and/or the owner of record of the lot upon which such violation is taking place. The notice shall include the nature of violation and the applicable section of the ordinances. He or she shall order discontinuance of the illegal use of any lots or structures; or if illegal additions, alterations or structural changes, discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance or City Code to ensure compliance with, or to prevent violation of, its provisions.

(Ord. No. 278-OO, § 16, 8-5-09)

   A.   A building permit shall be required for all construction, alterations, demolition or other changes as regulated by the Building Code of the City of Sterling Heights. In addition, a zoning compliance permit shall be required whenever the proposed use or change is affected by, or regulated by, a provision of the zoning ordinance.

   B.   A zoning compliance permit shall be required to establish a principal or accessory use upon a lot; to change one principal use to another principal use upon a lot; to institute a new principal or accessory use upon a lot; to extend a principal use to additional land; to construct, enlarge or structurally alter any sign; or in any other instance where zoning ordinance compliance is required.

   C.   Every application for a permit for excavation, construction, moving, alteration or change in type of use or type of occupancy shall be accompanied by a written statement and/or plans and specifications, including a plot plan and/or site plan showing the following items in sufficient detail to enable the Building Official to ascertain whether the proposed work or use conforms with the provisions of this ordinance and the approved site plan:

      1.   The actual shape, location and dimensions of the lot or parcel and data to locate the lot or parcel on the ground;

      2.   The shape, size and location of all buildings or other structures to be erected, altered or moved and of any building or other structures already on the lot;

      3.   A detailed description of the existing and proposed principal and accessory uses of the lot and of all such structures upon it, including, in residential areas, the proposed number and size of dwelling units;

      4.   For any development other than single or two family residential, the location of all existing and proposed service drives, parking areas, exits and entrances, walls, greenbelts, fences, swimming pools and other features of the plan for site development;

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

   D.   In all cases where a building permit is required, application for a zoning compliance permit shall be made coincidentally with the application for a building permit; in all other cases, it shall be made prior to the date when a new, changed or enlarged principal or accessory use of a building or premises, or part thereof, is intended to begin.

   E.   A building or zoning compliance permit for any proposed work shall be deemed to have been abandoned six months after the date of filing, unless such application has been diligently prosecuted or a permit shall have been issued; except that the Building Official shall grant one or more extensions of time for additional periods not exceeding 90 days each if there is reasonable cause. Any permit issued shall become invalid if the authorized work is not commenced within six months after issuance of a permit or if the authorized work is suspended or abandoned for a period of six months after the time of commencing the work.

   F.   The Building Official shall review all plans and permits for conformance with the Michigan Building Code and the City Zoning Ordinance. Where a site plan has been required, the Building Official shall review the building permit request and construction plans for conformance to the approved site plan. Building permits issued on the basis of plans and applications approved by the Building Official authorize only the use, arrangement and construction set forth in such approved plans and applications and no other use, arrangement or construction.

   G.   It shall be unlawful to commence the excavation for the construction of any building or other structure, including an accessory building, or to commence the moving, structural alteration or repair of any structure, including an accessory building, until the Building Official has issued for such work a building and zoning compliance permit.

   H.   It shall be unlawful to establish a principal or accessory use upon a lot, change the type of principal or accessory use of a lot or building, change the type of use upon a lot or the type of occupancy of any building, or to extend any principal or accessory use on any lot, until the Building Official has issued a permit for such proposed use. A zoning compliance permit shall authorize and permit only the principal and accessory uses and occupancy of buildings specifically set forth in the application for a zoning compliance permit and all other principal uses or accessory uses conducted upon the premises shall be unlawful. The Building Official may return an application for zoning compliance permit as incomplete if the applicant does not describe in detail the principal and accessory uses the applicant intends to conduct on the lot or within building(s) located in the lot.

   I.   The Building Official shall maintain a record of all certificates of zoning compliance and occupancy.

(Ord. 278-OO, § 17, 8-5-09)

   A.   No building, structure or lot for which a building or zoning compliance permit has been issued shall be used or occupied until the Building Official has, after final inspection and approval, issued a certificate of occupancy indicating compliance has been made with all the provisions of this section. However, the issuance of a certificate of occupancy shall in no case be construed as waiving any provision of this section.

   B.   No establishment of a principal or accessory use, change of principal or accessory use or addition of a new principal or accessory use shall be made in any building, premises or land, or part thereof, now or hereafter erected, altered or used, that does not comply with the provisions of this ordinance; and no such change of use or occupancy shall be made without the issuance of a certificate of occupancy and compliance for such new use.

   C.   All site improvements which are included on an approved site plan, or which are otherwise required by this ordinance, shall be constructed, installed or placed on the property by the property owner or his or her designate and shall be approved by the appropriate department by the time a final certificate of occupancy is issued.

   D.   A temporary certificate of occupancy may be issued by the Building Official for a period not exceeding six months, provided that such temporary certificate may include such conditions and safeguards as will protect the safety and health of the occupants and the public. The temporary certificate shall note the items which have not received approval. The Building Official may require a performance guarantee, or similar security as regulated by section 29.04, be posted to assure completion of the improvement as approved.

   E.   A record of all certificates and permits issued (including the specifically approved principal and accessory uses of lots and occupancy of buildings) shall be kept on file in the office of the Building Official.

(Ord. No. 278-OO, § 18, 8-5-09)

   To ensure compliance with the zoning ordinance and any condition imposed thereunder, the city may require that a cash deposit, certified check, irrevocable bank letter of credit or surety bond acceptable to the city, covering the estimated cost of improvements associated with a project for which site plan approval is sought, be deposited with the Clerk of the city to ensure faithful completion of the improvements.

   A.   The performance guarantee shall be deposited at the time of the issuance of the building permit authorizing the activity or project. The city shall establish procedures whereby a rebate of any cash deposits in reasonable proportion to the ratio of work completed on the required improvements will be made as work progresses.

   B.   This section shall not be applicable to improvements for which a cash deposit, certified check, irrevocable bank letter of credit or surety bond has been deposited pursuant to Public Act 288 of 1967, as amended.

   C.   As used in this section, IMPROVEMENTS means those features and actions associated with a project which are considered necessary by the body or official granting approval to protect natural resources or the health, safety and welfare of the residents of the city and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening, landscaping and drainage.

   It is the intent of the city to improve the aesthetics and environmental quality of the city by requiring commercial and industrial properties with required landscaping or other exterior site improvements (such as roads, drives, parking areas, utilities, retention areas, walls, fences, open space areas, etc.) that have deteriorated over time due to a lack of care, maintenance, repair, or replacement to be brought into compliance with the current standards of the Zoning Ordinance.

      1.   Landscaping that is not in compliance with the provisions of the Zoning Ordinance shall be allowed to continue so long as it otherwise remains lawful and is properly maintained.

         a.   However, such landscaping shall not be extended, replaced, or moved except in a manner that complies with the terms of this Zoning Ordinance.

      2.   When existing landscaping on a site dies, becomes diseased, becomes overgrown, or is missing from the site despite being required in an approved landscape plan or site plan for the site, the dead, diseased, overgrown, or missing landscaping shall be replaced with landscaping that meets the current requirements of the Zoning Ordinance.

      3.   A property owner shall bring the landscaping on a site into compliance with all current Zoning Ordinance requirements in any of the following circumstances:

         a.   Whenever a property owner proposes to do site modifications that require a new site plan approval or replacement work relating to landscaping that requires a new landscape plan approval;

         b.   Whenever a property owner changes the use of the property or building;

         c.   Whenever a property owner undertakes improvements relating to a parking lot and/or paving, except that routine maintenance of a parking lot and/or paving shall not cause application of this provision unless the structural integrity of the parking lot or paving has deteriorated to the extent that it must be replaced rather than repaired;

         d.   Whenever the property is approved for expansion of a non-conforming use or structure; or

         e.   Whenever the property is approved for a map amendment to the zoning map or a conditional rezoning agreement.

      1.   Site improvements that are not in compliance with the provisions of the Zoning Ordinance shall be allowed to continue so long as they otherwise remain lawful and are properly maintained.

         a.   However, such site improvements shall not be extended, replaced, altered, moved, constructed, or reconstructed except in a manner that complies with the terms of this Zoning Ordinance.

      2.   If an existing site improvement has deteriorated and/or has been destroyed, removed, or unlawfully modified to the extent that it is no longer in compliance with the Zoning Ordinance standards applicable at the time the site improvement was approved, the site improvement shall not be permitted to be resumed or restored to non-compliant standards but shall be brought into compliance with the current standards of the Zoning Ordinance, except that routine maintenance of a site improvement shall not cause application of this provision unless the structural integrity of the site improvement has deteriorated to the extent that it must be replaced rather than repaired.

      3.   A property owner shall bring the site improvements on the site into compliance with all current Zoning Ordinance requirements in any of the following circumstances:

         a.   Whenever a property owner proposes to do site work or work on any site improvement which requires a permit or city approval;

         b.   Whenever a property owner changes the use of the property or building;

         c.   Whenever the property is approved for expansion of a non-conforming use or structure; or

         d.   Whenever the property is approved for a zoning map change or conditional zoning agreement.

      1.   The City Planner may allow a property owner who is required to bring landscaping or site improvements into compliance with the current requirements of this Zoning Ordinance pursuant to this section to do so over a period of time, provided the property owner executes and delivers to the city a Landscaping Upgrade Agreement or Site Improvement Agreement, as the case may be, in recordable form prepared by the city setting forth the property owner's commitments and obligations to install such landscaping or site improvements.

      2.   In implementing this phased compliance, the City Planner is authorized to allow a property owner a period of up to three years depending on the nature, scope, and cost of the estimated work to bring the landscaping or site improvements into compliance with current Zoning Ordinance requirements. The phasing period shall require continuous, regular progress with respect to bringing the landscaping or site improvements into compliance with current Zoning Ordinance requirements.

      3.   Notwithstanding any other provision to the contrary contained in this section, a property owner shall not cause any condition or allow any condition to exist on its property which creates a hazard to the health, safety, or welfare of the public or anyone on the property.

      1.   A property owner aggrieved by an administrative determination made relating to Section 29.05 may file an administrative appeal to the Zoning Board of Appeals in accordance with the provisions of Section 30.02 Paragraph B.1. of the Zoning Ordinance.

      2.   A property owner may seek a modification from the Zoning Board of Appeals of the requirements of Section 29.05 as applied to its property in accordance with the provisions of Section 30.02 Paragraph C.4. of the Zoning Ordinance.

      1.   A written notice of violation shall be delivered to a property owner that fails to bring any landscaping and/or site improvement into compliance as required by this section.

      2.   Until July 1, 2017, the property owner may restore the landscaping and/or site improvement in a manner that complies with the requirements applicable to the property prior to the issuance of the notice of violation.

      3.   Effective July 1, 2017, if the property has been determined by the city to be substantially and materially out of compliance with its approved site plan, landscape plan, and/or the ordinance standards applicable to site improvements and/or landscaping on the property, the notice shall require the property owner to submit a new or updated landscaping plan and/or site plan to the City Planner which shall incorporate the current requirements of the Zoning Ordinance.

      4.   Failure to comply with these requirements shall subject the property owner to the remedial and enforcement provisions set forth elsewhere in the Zoning Ordinance and in Section 11-141 of the City Code.

(Ord. No. 278-YY, § 12, 10-4-16)