Sturgis City Zoning Code

For the purpose of this article the following definitions shall have the same meaning as given to them in Public Act No. No. 57 of 2018 (MCL 125.4201 et seq.) or as hereafter provided in this section unless the context clearly indicates or requires a different meaning.

Authority means the downtown development authority created by this article.

Board or board of trustees mean[s] the board of trustees of the downtown development authority, the governing body of the authority.

Chief executive officer means the city manager.

Downtown development tax means the tax authorized by this subchapter pursuant to Public Act No. 57 of 2018 (MCL 125.4201 et seq.) to be imposed by the downtown development authority in the downtown area.

Downtown district means that part of an area in a business district that is specifically designated by ordinance of the governing body of the municipality pursuant to this part.

Governing body of a municipality means the City Commission of the City of Sturgis.

Municipality means the City of Sturgis.

(Code 1969, § 31.86; Ord. of 5-11-2022(2))

Cross reference— Definitions generally, § 1-2.

The city commission hereby determines that it is necessary for the best interests of the city to halt property value deterioration and increase property tax valuation where possible in the business district of the city, to eliminate the causes of that deterioration, and to promote economic growth by establishing a downtown development authority pursuant to Public Act No. 57 of 2018 (MCL 125.4201 et seq.).

(Code 1969, § 31.87; Ord. of 5-11-2022(2))

(a)

The downtown development authority may be authorized by a vote of not less than eight members of the city commission to impose an ad valorem tax on all taxable property in the downtown district for the purpose provided by Public Act No. 57 of 2018 (MCL 125.4201 et seq.). The tax shall not exceed two mills on the value of taxable property in the downtown district as finally equalized.

(b)

The city shall collect the downtown development tax at the same time and in the same manner as other city taxes are collected. The tax shall be paid to the treasurer of the authority and credited to the general fund of the authority for the purpose provided by such Act.

(Code 1969, § 31.93; Ord. of 5-11-2022(2))

State Law reference— Authority for tax, MCL 125.1662.

(a)

Pursuant to Public Act No. 57 of 2018 (MCL 125.4214) the downtown development authority has submitted to the city commission for approval pursuant to Public Act No. 57 of 2018 (MCL 125.4219), a development plan and a tax increment financing plan, each dated April 26, 1989, amended May 26, 2010, and amended April 27 2022, and there has been compliance with the provisions of such Act regarding notices and public hearings.

(b)

The city commission finds and determines that the development plan, as amended, and the tax increment financing plan as amended, constitutes a public purpose.

(c)

The city commission further finds and determines that:

(1)

More than 100 persons reside in the proposed development area, and therefore, the formation of a development area citizens council is required. The citizens council was established at least 90 days before the public hearing on the development or tax increment financing plan. The development area citizens council was established by the Sturgis City Commission and consists of nine members. The members of the development area citizens council are residents of the development area and were appointed by the Sturgis City Commission. All members of a development area citizens council are at least 18 years of age.

(2)

The development plan meets the requirements set forth in section 125.4217 of Public Act No. 57 of 2018 (MCL 125.4201 et seq.) with respect to the information required to be contained therein.

(3)

The proposed method of financing the development is feasible and the downtown development authority has the ability to arrange the financing.

(4)

The development is necessary to carry out the purposes of Public Act No. 57 of 2018 (MCL 125.4201 et seq.).

(5)

The land included within the development area to be acquired is reasonably necessary to carry out the purposes of the plan and of Public Act No. 57 of 2018. (MCL 125.4201 et seq.) in an efficient and economically satisfactory manner.

(6)

The development plan is in reasonable accord with the master plan of the city.

(7)

Public services, including fire and police protection and utilities, are or will be adequate to service and project area.

(8)

Any required changes in zoning, streets, street levels, intersections and utilities are reasonably necessary for the project and for the city.

(d)

The development plan as amended, submitted by the downtown development authority, dated April 26, 1989, is hereby approved for a period of time to continue until June 30, 2047.

(e)

The tax increment financing plan as amended, submitted by the downtown development authority, dated April 26, 1989, is hereby approved for a period of time to continue until, June 30, 2047, and the tax increment financing plan shall be administered as provided in Public Act No. 57 of 2018 (MCL 125.4201 et seq.).

(Code 1969, § 31.96—31.98; Ord. of 6-8-2010; Ord. of 5-11-2022(2))

The downtown development district, established pursuant to Public Act No. 57 of the Public Acts of 2018, in the city, is described as follows:

An area in the south one-half of Section 1, Town 8 South, Range 10 West, City of Sturgis, St. Joseph County, Michigan, described as follows:

Point of beginning (POB). Southeast corner of the intersection of North Clay Street and West West Street. Beginning at the northwest corner of Block 26 of the replat of the Village of Sturgis (the Replat) in the City of Sturgis, St. Joseph County, Michigan, according to the plat of record in the Office of the Register of Deeds for St. Joseph County, Michigan, in Volume 33 of Deeds, Pages 164 and 165; thence easterly along the south side of West West Street to the northwest corner of Block 25 of the replat; thence northwesterly to the southwest corner of Block 16 of the replat; thence northerly along the east side of North Street to the northwest corner of Block 16 of the replat; thence easterly along the south side of Saint Joseph Street to the northeast corner of Block 16 of the replat;

Southwest corner of the intersection of Saint Joseph Street and N. Nottawa Street. Thence southeasterly to the northwest corner of Lot 3 Block 17 of the replat; thence northeasterly along north line of Lot 3 to Northeast corner of Lot 3 of Block 17 of the replat; thence southerly along east line of Lot 3 to the northwest corner of tax parcel # 75-052-040-147-00; thence easterly along north line of said tax parcel to the west side of North Maple Street; thence southerly along west side of North Maple Street and North Maple Street extended to the south side of East West Street; thence easterly along the south side of East West Street to the northeast corner of Block 23 of the replat;

Southwest corner of the intersection of North Maple Street and West West Street. Thence southerly along the west side of North Maple Street to a point which is 16.5 feet northerly of the southeast corner of Lot 9 (181.5 feet northerly of the northwest corner of the intersection of West Chicago Road and North Maple Street); thence southeasterly to a point on the east side of North Maple Street which point is 81 feet northerly of the southwest corner of Lot 11 of Block 22 of the replat (81 feet northerly of the northeast corner of the intersection of East Chicago Road and North Maple Street); thence easterly parallel with the south line of Lot 11 (north side of East Chicago Road), 78 feet; thence northerly parallel with the east side of North Maple Street to a point which is 16 feet south of the north line of Lot 6 of Block 22 of the replat; thence easterly parallel with the north line of Lot 6 to a point on the east line of Lot 6 which point is 16 feet southerly of the northeast corner of Lot 6; thence southerly 42 feet along the east line of Lot 6, which is also the west line of Lot 7 of Block 22 of the replat, to a point which is 58 feet southerly of the northwest corner of Lot 7; thence easterly parallel with the north line of Lot 7, 66 feet; thence southerly parallel with the west side of North Fourth Street to a point on the west line of Lot 8 of Block 22 of the replat which point is 60 feet north of the north side of East Chicago Road; thence easterly parallel with the north side of East Chicago Road to a point on the west side of North Fourth Street which point is 60 feet northerly of the southeast corner of Block 22 of the replat (northwest corner of the intersection of East Chicago Road and North Fourth Street);

North Fourth Street. Thence easterly to a point on the east side of North Fourth Street which point is 61 feet northerly of the southwest corner of Block 21 of the replat (northeast corner of the intersection of East Chicago Road and North Fourth Street); thence easterly parallel with the north side of East Chicago Road to a point on the east line of Lot 9 of Block 21 of the replat; thence northerly along the east Line of Lot 9 and parallel to the east line of North Fourth Street to a point which is 22 feet northerly of the south line of Lot 8 of Block 21 of the replat; thence westerly parallel with the south line of Lot 8 to a point on the east side of North Fourth Street which point is 22 feet northerly of the south line of Lot 8; thence northerly along the east side of North Fourth Street, 30 feet; thence easterly parallel with the south line of Lot 8 to a point on the east line of Lot 8 which line is also the west side of the alley;

Alley between North Fourth Street and North Prospect Street.Thence easterly to a point on the east side of the alley which point is 53 feet northerly of the southwest corner of Lot 7 of Block 21 of the replat; thence northerly along the east side of the alley to the northwest corner of Lot 6 of Block 21 of the replat; thence easterly along the north line of Lot 6, 33 feet; thence southerly parallel with the east side of the alley, 26 feet; thence easterly parallel with north line of Lot 6, 33 feet; thence southerly parallel with the east side of the alley to the northeast corner of Lot 11 of Block 21 of the replat; thence southerly along the east line of Lot 11 to a point which is 88 feet north of the north side of East Chicago Road; thence easterly to a point on the west side of North Prospect Street which point is 74.6 feet northerly of the southeast corner of Block 21 of the replat;

North Prospect Street. Thence southerly 74.6 feet to the southeast corner of Block 21 of the replat;

Northwest corner of the intersection of East Chicago Road and North Prospect Street. Thence southwesterly to the intersection of the south side of East Chicago Road and the centerline of a vacated alley between Lot 2 and Lot 3 of Block 43 of the replat; thence southerly along the centerline of said vacated alley between Lot 2 and Lot 3 to a point on said centerline which point is 9 feet southerly of the extension of the south line of Lot 5 of Block 43 of the replat to said centerline; thence westerly parallel to the south line of Lot 5 to a point on the east side of South Fourth Street which point is 9 feet southerly of the southwest corner of Lot 5;

South Fourth Street. Thence westerly to a point on the west side of South Fourth Street which point is 9.5 feet northerly of southeast corner of lot 6 of block 42 of the replat; thence westerly parallel to the south line of Lot 6, 66 feet; thence northerly parallel to the west side of South Fourth Street, 10 feet; thence westerly to a point on the west line of Lot 6 which point is 19.5 feet northerly of the southwest corner of lot 6; thence southerly along the east line of Lot 5 and Lot 8 of Block 42 of the replat to a point which is 10 feet south of the northeast corner of Lot 8; thence westerly parallel with the north line of Lot 8 to a point on the east side of South Maple Street which point is 10 feet southerly of the northwest corner of Lot 8;

South Maple Street. Thence southerly along the east side of South Maple Street to the southwest corner of Lot 9 of Block 42 of the replat; thence westerly to a point on the west side of South Maple Street which point is the southeast corner of Lot 10 of Block 41 of the replat; thence southerly along the west side of South Maple Street to a point which is 82.5 feet north of the southeast corner of Lot 11 of Block 41 of the replat; thence westerly parallel with the south line of Lot 11 of Block 41 of the replat to a point which is 82.5 feet north of the southwest corner of Lot 11; thence southerly along the west line of Lot 11 of Block 41 of the replat to the southwest corner of Lot 11; thence westerly along the south line of Lot 12 of Block 41 of the replat to the southwest corner of Lot 12 on the east side of South Monroe Street;

South Monroe Street. Thence northerly along the east side of South Monroe Street to the northwest corner of Lot 12 of Block 41 of the replat; thence westerly to a point on the west side of South Monroe Street which point is the southeast corner of Lot 10 of Block 40 of the replat; thence westerly along the south line of Lot 10 of Block 40 of the replat to the southeast corner of Lot 9 of Block 40 of the replat; thence southerly along east line of Lot 12 of Block 40 of the replat, 2.64 feet; thence westerly parallel with north line of Lot 12 of Block 40 of the replat to a point which is 2.64 feet south of the northwest corner of Lot 12 on the east side of South Nottawa Street;

South Nottawa Street. Thence southwesterly to a point on the west side of South Nottawa Street which point is 38 feet northerly of the southeast corner of Lot 10 of Block 39 of the replat; thence westerly to a point on the west line of Lot 10 of Block 39 of the replat which point is 52 feet northerly of the southwest corner of Lot 10 of block 39 of the replat; thence southerly along the east line of Lots 10 and 11 (also the west line of Lots 9 and 12) of Block 39 of the replat to a point which is 12 feet southerly of the southeast corner of Lot 9 of Block 39 of the replat; thence westerly parallel to the south line of Lot 9 of Block 39 of the replat to a point on the east side of Pleasant Street which point is 12 feet southerly of the southwest corner of Lot 9 of Block 39 of the replat;

Pleasant Street. Thence northerly along west line of Lots 12 & 9 of Block 39 of the replat to a point on the east side of Pleasant Street which intersects with the south line of William Street extended; thence westerly along south line of William Street extended to the northeast corner of Block 38 of the replat;

Southwest corner of the intersection of Pleasant Street and William Street. Thence westerly along the south side of William Street to the northwest corner of Block 36 of the replat; thence northerly to a point on the north side of William Street which point is the southwest corner of Block 35 of the replat; thence westerly along the north side of William Street to the southwest corner of Lot 10 of Block 5 of Jacob's Addition (Jacob's Add.) to the Village (now City) of Sturgis, St. Joseph County, Michigan, according to the plat of record in the Office of the Register of Deeds for St. Joseph County, Michigan, in Liber 47 of Deeds, Page 186 (129 feet east of the northeast corner of the intersection William Street and Grove Street); thence northerly along the west line of Lot 10 to the northwest corner of Lot 10 which is also the northeast corner of Lot 7 of Jacob's Add.; thence westerly along the north line of Lot 7 to the northwest corner of Lot 7 on the east side of Grove Street;

Grove Street. Thence southwesterly to a point on the west side of Grove Street which point is located 195 feet northerly from the northwest corner of the intersection of William Street and Grove Street; thence westerly approximately 120.10 feet to a point on a line which is 120 feet westerly from and parallel to the west side of Grove Street; said point is 190 feet northerly from the north side of William Street; thence southerly parallel to the west side of Grove Street, 85 feet; thence westerly 135 feet to the southwest corner of Lot 3 of Block B of Jacob's 1st Addition (Jacob's 1st) to the Village (now City) of Sturgis, St. Joseph County, Michigan, according to the plat of record in the Office of the Register of Deeds for St. Joseph County, Michigan on the east side of Surprise Street;

Surprise Street. Thence westerly to a point on the west side of Surprise Street which point is the northeast corner of Lot 4 of Block A of Jacob's 1st; thence southerly along the west side of Surprise Street to the Southeast Corner of Lot 4; thence westerly along the south line of Lot 4 to the Southwest corner of Lot 4; thence northerly to the northeast corner of Lot 4 of Block 1 of Park Addition (Park Add.) to the Village (now City) of Sturgis, St. Joseph County, Michigan, according to the plat of record in the Office of the Register of Deeds for St. Joseph County, Michigan in Liber 1 of Plats, Page 9; thence westerly along the north side of Lot 4 to the northwest corner of Lot 4 on the east side of South Orange Street;

South Orange Street. Thence westerly to a point on the west side of South Orange Street which point is 5 feet southerly from the southeast corner of Lot 1 of Block 2 of Park Add.; thence westerly parallel to the south side of Lot 1 to a point which is 5 feet southerly of the southwest corner of Lot 1; thence northerly to the southwest corner of Lot 1; thence westerly along the south lines of Lots 2 through 4 of Block 2 of Park Add. to the southwest corner of Lot 4 on the east side of South Centerville Road;

South Centerville Road. Thence northerly along the east side of South Centerville Road to the northwest corner of Lot 4 on the south side of West Chicago Road;

Southwest corner of the intersection of South Centerville Road and West Chicago Road. Thence northerly to the northeast corner of the intersection of North Centerville Road and West Chicago Road;

Northeast corner of the intersection of North Centerville Road and West Chicago Road. Thence easterly along the north side of West Chicago Road to a point on the north side of West Chicago Road which point is on the intersection of the said north side and a line which is parallel to and 47 feet easterly of the west line of Lot 2 of Block 4 of Jacob's Add.; thence northerly parallel to the west line of Lot 2 to the intersection with a line which is parallel to and 50 feet southerly of the north line of Lot 2; thence easterly parallel with the north line of Lots 1 and 2 of Block 4 of Jacob's Add. to a point on the west side of Jacob Street which point is 50 feet southerly from the northeast corner of Lot 1;

Jacob Street. Thence northeasterly to a point on the east side of Jacob Street which point is the northwest corner of Lot 13 of Block 1 of Jacob's Add.; thence northerly along the east side of Jacob Street to the northwest corner of Lot 7 of Block 1 of Jacob's Add.; thence easterly along the north line of Lot 7 and the south line of Lot 6 of Block 1 of Jacob's Add. to the southeast corner of Lot 6 of Block 1 of Jacob's Add. on the west side of the railroad right-of-way;

Railroad right-of-way. Thence southerly along the west side of the railroad right-of-way to a point on the west line of the railroad right-of-way which point is 90 feet northerly from the north side of West Chicago Road; thence northeasterly to a point which is the northwest corner of Lot 15 of Block 28 of the replat; thence easterly along the north line of Lots 15 and 16 to the northeast corner of Lot 16 on the west side of North Jefferson Street;

North Jefferson Street. Thence easterly to a point on the east side of North Jefferson Street which point is the southwest corner of Lot 3 of Block 31 of the replat; thence northerly along the east side of North Jefferson Street to a point on the north line of John Street which point is the southwest corner of Block 27 of the replat;

Northeast corner of the intersection of North Jefferson Street and John Street. Thence easterly along the north side of John Street to the southeast corner of Block 27;

Northwest corner of the intersection of John Street and North Clay Street. Thence northerly along the west side of North Clay Street to the northeast corner Block 27;

Southwest corner of the intersection of North Clay Street and West West Street. Thence easterly to the point of beginning at the northwest corner of Block 26 of the replat.

(Code 1969, § 31.90(B); Ord. of 9-25-2002; Ord. of 5-11-2022(2))

State Law reference— Creation of downtown development district, MCL 125.1653.

(a)

There is hereby created pursuant to Public Act No. 57 of 2018 (MCL 125.4201 et seq.) a downtown development authority for the city. The downtown development authority shall be a public body corporate and shall be known and exercise its powers under the title of the city downtown development authority. The downtown development authority may adopt a seal, may sue and be sued in any court of this state, and shall possess all of the powers necessary to carry out the purpose of its incorporation as provided by this division and such Act. The enumeration of a power in this division or in such Act shall not be construed as a limitation upon the general powers of the authority.

(b)

Except as specifically otherwise provided in this division the authority shall have all powers provided by law subject to the limitations imposed by law and this division.

(Code 1969, § 31.88; Ord. of 5-11-2022(2))

State Law reference— Creation of downtown development district, MCL 125.1653.

The downtown development authority shall be under the supervision and control of a board of trustees consisting of the chief executive officer of the city, or a city official appointed by him and 12 members as provided by Public Act No. 57 of 2018 (MCL 125.4201 et seq.). All members of the downtown development authority shall be appointed by the city commission and shall hold office for the terms provided in such Act. All members of the downtown development authority shall hold office until the member's successor is appointed.

(Code 1969, § 31.89; Ord. of 5-11-2022(2))

Cross reference— Boards and commissions, § 2-361 et seq.

State Law reference— Board of trustees, MCL 125.1654.

The board of trustees which is the governing body of the downtown development authority, may have a director as provided by the Act. The director shall furnish bond, by posting a bond in the penal sum of $1,000.00 under the provisions of Public Act No. 57 of 2018 (MCL 125.4205).

(Code 1969, § 31.100; Ord. of 5-11-2022(2))

The board of trustees, when requiring legal counsel, may seek the services available from the city attorney.

The board may retain legal counsel to advise the board in the proper performance of its duties. The legal counsel shall represent the authority in actions brought by or against the authority.

(Code 1969, § 31.102; Ord. of 5-11-2022(2))

The downtown district in which the downtown development authority shall exercise its powers as provided by Public Act No. 57 of 2018 (MCL 125.4201 et seq.) shall consist of the territory in the city described in section 22-35.

(Code 1969, § 31.90(A); Ord. of 5-11-2022(2))

The board of trustees's director shall render to the board and to the city commission regular reports covering the activities and financial condition of the authority, which reports have been made at least quarterly during the first year of operation of such authority, and will be made at least annually every year hereafter, unless more frequent reports are requested by the board of trustees or city commission.

(Code 1969, § 31.101; Ord. of 5-11-2022(2))

The fiscal year of the downtown development authority shall begin on October 1 of each year and end September 30 of the following year, or any other fiscal year as may hereinafter be adopted by the city.

(Code 1969, § 31.91; Ord. of 5-11-2022(2))

(a)

The board of trustees shall annually prepare a budget and shall submit it to the city commission on the same date that the proposed budget for the city is required by the Charter to be submitted to the commission. The board of trustees shall not finally adopt a budget for any fiscal year until the budget has been approved by the city commission. The board of trustees may, however, temporarily adopt a budget in connection with the operation of any improvements which have been financed by revenue bonds where required to do so by the ordinance authorizing the revenue bonds.

(b)

The downtown development authority shall submit financial reports to the commission at the same time and on the same basis as departments of the city are required to submit reports. The downtown development authority shall be audited annually by the same independent auditors auditing the city, and copies of the audit report shall be filed with the commission.

(Code 1969, § 31.92; Ord. of 5-11-2022(2))

State Law reference— Budget, MCL 125.1678.