No sign, parking area, fence, building, or other structure regulated by this zoning ordinance shall be erected, razed, moved, extended, enlarged, altered, or changed in use, and no exterior of any commercial building in the central business district shall be painted, other than "touch-up" painting of the same color, until a building permit has been issued by the building department.

(A)

Issuance. No building permit shall be issued unless the application and plans conform in all respects to this [zoning] ordinance and to other applicable city regulations and have been approved by any required review board or person. The building permit shall state any special conditions imposed by this section or by any review board or person and shall be signed by the building department and the owner. A copy of the signed building permit shall be sent to the city assessor.

(B)

Approval of Sturgis City Commission for movement of buildings. It shall be unlawful to move an existing building having a floor area of more than 100 square feet or over 14 feet in height onto property within the city without the written approval of the Sturgis City Commission. In determining whether to grant approval, the city commission shall enforce:

(1)

The terms and conditions of this section;

(2)

All state statutes;

(3)

All other city ordinances and regulations; and

(4)

Such additional conditions as the city commission shall impose by written agreement with the owner of the site upon which the building is to be moved.

(5)

The applicant must obtain all applicable state and local permits within 60 days after such approval by the city commission.

No agreement shall be made, the terms and provisions of which shall have the effect of waiving the provisions of any state statute or any ordinance, resolution or regulation of the city.

The following buildings shall be exempt from the approval provisions of this subsection (B): Any manufactured home that meets all of the following: (i) the manufactured home is intended to be installed at a properly-licensed mobile home park, (ii) the owner of the home or the owner of the mobile home park must provide proof of previous certification by the federal Department of Housing and Urban Development ("HUD"), and (iii) the HUD certification confirms that the manufactured home at one time met the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 US 5401 to 5428 (as referenced in § 125.2307 of the Michigan Compiled Laws).

With respect to any such building, the committee established pursuant to subsection (C) shall, within ten days after receipt by the city of a completed application to move a manufactured home within the city, including pictures and such other documentation as reasonably requested by the committee, review the building to be moved and determine compliance with subsection (D). If the committee determines that the building does not comply with subsection (D), the city building official shall inform the applicant of the concerns to be resolved. If no response is provided to the applicant within 15 days from the date of receipt of the completed application, the application to move the building shall be deemed approved.

Upon receiving notification from the city building official that the building does not comply with subsection (D), the applicant may, if the applicant does not agree with the determination, request the city commission at its next regularly scheduled meeting to grant permission to move the building.

(C)

Committee to advise Sturgis City Commission on moving buildings. A committee of three persons shall be formed by the city manager in order to review all buildings which are to be moved and the site to which the building is to be moved. The committee shall make a recommendation to the Sturgis City Commission concerning the applicability of section 1.1401(D) to the building(s) to be moved. The committee shall consist of the city manager, or his designee, one resident at large from the City of Sturgis and one resident from the neighborhood to which the building is proposed to be moved.

(D)

Building to be occupied as dwelling after move to conform to other dwellings in the area. All buildings which are to be moved to a location within the city and which are to be used for residential purposes shall conform, as far as possible to the general type, age and construction of the predominant residential buildings in the area adjacent to the proposed site, provided said adjacent buildings shall comply with, or are more restrictive, than the zoning regulations of the street upon which the building is to be located.

(Ord. of 1-26-2011; Ord. of 4-11-2012)

Before any existing use of land or use of a building is changed, and before any new sign, parking area, a building, or other new structure or a new part thereof regulated by this [zoning] ordinance is occupied or used, an occupancy permit shall be issued. The building department shall ascertain, by inspection, that the intended use, premise, building, structure, or parts thereof comply with the provisions of this section, with any other pertinent city regulations, with any special conditions imposed on the building permit, and to all aspects of the approved site plan. Upon so finding the building department shall issue an occupancy permit which shall be acknowledged by the signature of the owner thereon. A copy of the occupancy permit shall be sent to the city assessor, police chief and fire chief by the building department.

(A)

Enforcement. This section shall be enforced by the building department. The building department shall not issue any permit which would authorize a violation of any provision of this section or of any other applicable city regulations, except upon the order of the zoning board of appeals or a court.

(B)

Inspections. The building department shall make periodic inspections of the city to insure that the requirements of this section are being compiled with.

(C)

Violations. The building department shall investigate any alleged violation of this section coming to his attention, whether by compliant or from personal knowledge. If a violation is found to exist, the building department shall serve notice upon the owner by personal service or regular mail, and order a termination of the violation. In the case of a violation of section 1.1115, if a violation is found still to exist seven days after notification and order, the building department shall immediately prosecute a complaint to terminate the violation before the district court. In the case of a violation of section 1.0901(M), the building or police department shall immediately prosecute a compliant to terminate the violation before district court. In the case a violation of any section other than section 1.1115, if a violation is found to still exist 30 days after the notification and order, the building official shall immediately prosecute a compliant to terminate the violation before the district court. Pursuant to section 9c of Public Act No. 175 of 1927 (MCL 764.9c), if the building department has reasonable cause to believe that a person has violated any provision of this section, the building or police department may, in its discretion, issue and serve upon the person an appearance ticket with respect to the violation, in which event the violation shall be processed as provided by law.

(D)

Records. The building department shall keep records of all inspections, investigations, applications, fees, and permits issued, with notations of all special conditions involved. Copies of all plot plans approved by the planning board or zoning board of appeals shall also be kept unless the permit or authorization has expired. These records shall be available as a public record.

(A)

Powers and duties. The city planning board is hereby designated as the commission as specified in section 3 of Public Act No. 285 of 1931 (MCL 125.33) and in section 4 of Public Act No. 207 of 1921 (MCL 125.584) and shall perform the duties of the planning board as provided in these acts, together with any other powers and duties that are given to the planning board by the provisions of this section, including authority to act on all matters requiring the approval or recommendation of the planning board.

(B)

Authority to approve uses. Whenever in this section the lawful exercise or existence of a use requires the approval of the planning board, the planning board is hereby authorized and directed to investigate the matter requiring the approval, to conduct a public hearing thereon where required, to make a determination, to either grant or refuse the approval, and to do all things reasonably necessary to the making of the investigation and determination, subject to the provisions of this [zoning] ordinance.

(C)

Hearing notice. Prior to conducting a public hearing, as authorized in division [subsection] (B) [of this section] above, a public notice stating the time and place of the hearing, shall be posted and served in accordance with the provisions established in section 1.1405(G).

(D)

Rules of procedure. The planning board is hereby authorized to adopt rules of procedure consistent with the state statutes and the provisions of this section.

(E)

Surveys and plans. Where the planning board is empowered to approve certain uses of premises under the provisions of this [zoning] ordinance, or in cases where the planning board is required to make an investigation, the applicant shall furnish the surveys, plans, or other information as may be reasonably required by the planning board for the proper consideration of the matter in accordance with the provisions of this [zoning] ordinance.

(F)

Hearings. In making any recommendations or approval authorized by the provisions of this [zoning] ordinance, the planning board shall consider the following:

(1)

Whether there has been a compliance with the provisions of this [zoning] ordinance.

(2)

Whether there is proper yard space, parking facilities, loading space, percentage of lot coverage, green belts, size of building, lot area, and other conditions required by this [zoning] ordinance.

(3)

Whether the use involved is in accord with the spirit and purposes of this [zoning] ordinance.

(4)

Whether the use involved would constitute a public or private nuisance.

(5)

Whether the use involved would disturb or interfere with the natural or planned development of the surrounding neighborhood.

(6)

Whether the use involved would affect the natural system or planned drainage so as to deleteriously affect the surrounding neighborhood.

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

(A)

General grant of power. The zoning board of appeals shall perform all the duties and have all the powers prescribed by the state statutes, as amended and supplemented from time to time.

(B)

Procedure.

(1)

General.

(a)

The zoning board of appeals shall adopt rules of procedure consistent with the provisions of state statutes and local ordinances, as it may deem necessary to the proper performance of its duties and the proper exercise of its powers.

(b)

Meetings of the zoning board of appeals shall be held at the call of the chairman and at all other times as the board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses.

(c)

Hearings of the zoning board of appeals shall be public. The board shall keep minutes of its proceedings showing the action of the board and the vote of each member upon each question, or if absent or failing to vote, indicating that fact, and shall keep records of its examination and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

(d)

The zoning board of appeals shall hear and decide appeals from and review orders, requirements, decisions, or determinations made by an administrative official or body charged with enforcement of this section, as brought before the board. The board shall also hear and decide matters referred to them or upon which they are required to pass under an ordinance of the legislative body adopted pursuant to the Zoning Enabling Act. This includes the zoning board of appeals power to hear and decide upon request the interpretation of the provisions of this [zoning] ordinance. The zoning board of appeals shall have their decision in these matters as the criteria established by this [zoning] ordinance under article XIV, section 1.1405(D).

(e)

An appeal to the zoning board of appeals in cases in which it has original jurisdiction under the provisions of this [zoning] ordinance may be taken by any property owner, including a tenant, or by a government office, department, board, or bureau. An application for an appeal shall be filed with the building department who shall transmit the application together with all the plans, specifications, and other papers pertaining to the application, to the board.

(2)

Membership and appointment.

(a)

Pursuant to state law, there is hereby created a zoning board of appeals consisting of at least five members, each to be appointed by the city commission for a term of three years running from the date of appointment, and extending for a further period until a successor shall be appointed. Vacancies shall be filled by appointment for the unexpired term, The zoning board of appeals shall elect its own chairman, vice-chairman, and secretary from among its own membership. Members of the board must be residents of the city; members moving outside the city boundaries may finish their terms but will not be reappointed.

(b)

The city commission may also if it so desires appoint not more than two alternate members for the same term as regular members of the board of appeals. The alternate members may be called on a rotating basis to sit as regular members of the board of appeals in the absence of a regular member. An alternate member may also be called to serve in the place of a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of conflict of interest. The alternate member having been appointed shall serve in the case until a final decision has been made. The alternate member shall have the same voting rights as a regular member of the board of appeals.

(3)

Voting. The concurring vote of a majority of the members of the board shall be necessary to reverse an order, requirement, decision, or determination of an administrative official or body; to decide in favor of the applicant a matter upon which the zoning board of appeals is required to pass under the terms of an ordinance; or to affect a variation in an ordinance, except that a concurring vote of two-thirds of the members of the board shall be necessary to grant a variance from uses of land permitted in an ordinance.

(C)

Appeal procedure.

(1)

[Appeal permitted.] An appeal may be taken by a person aggrieved, or by an officer, department, board, or bureau of the city. An appeal shall be taken within 30 days of the date of the decision appealed from, as prescribed by the rules of the board of appeals, by the filing with the officer or body from whom the appeal is taken and with the board of appeals a notice of appeal specifying the grounds for the appeal. The party from whom the appeal is taken shall immediately transmit to the board all the papers constituting the record upon which the action appealed was taken.

(2)

Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from unless the officer or body from whom the appeals is taken certifies to the zoning board of appeals, after the notice of appeal is filed, that by reason of facts stated in the certificate, a stay would in the opinion of the officer or body cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order. This restraining order may be granted by the zoning board of appeals or circuit court, on application of, or notice to the officer or body from whom the appeal is taken and undue cause shown.

(3)

Decisions on appeals and applications. The zoning board of appeals shall render its decision upon any appeal or application submitted to it within 60 days after the hearing thereon, and in any event, within 90 days after the date of filing of the appeal or application. Upon failure to do so, the appeal or application shall thereupon be deemed to be decided adversely to the appellant or applicant in the same manner as though the board had rendered its decision to that effect. All decisions of the zoning board of appeals shall become final five days after the date of entry of an order, unless the board shall find, and so certify on the record, that it is necessary to cause the order to have immediate effect, in order to preserve property or personal rights.

Any matter appealed to the zoning board of appeals under site plan review provisions of this [zoning] ordinance (article XII) for which the board of appeals provides for a variance from the [zoning] ordinance, the subject site plan shall be referred back to the planning board for review as an amended site plan.

(4)

Appeals to circuit court.

(a)

The decision of the zoning board of appeals shall be final. However, a person having an interest affected by the zoning code may appeal to the circuit court. Upon appeal, the circuit court shall review the record and decision of the board of appeals to ensure that the decision complies with the following:

(1)

Complies with the constitution and laws of the state.

(2)

Is based upon proper procedure.

(3)

Is supported by competent, material, and substantial evidence on the record.

(4)

Represents a reasonable exercise of discretion granted by law to the board of appeals.

(b)

As a result of the court's review, the court may affirm, reverse, or modify the decision of the board of appeals.

(D)

Variance procedures.

(1)

Grant of power for variances. In addition to other duties and powers specified herein, the zoning board of appeals, after public hearing, shall have the power to authorize a land use or structural dimensional variance from the provisions of this section where it is alleged by the applicant that any of the following conditions exists.

(a)

By reason of exceptional narrowness, shallowness, or shape of a specific piece of property on the effective date of this [zoning] ordinance; or by reason of exceptional topographic conditions or other extraordinary situation or condition of the land, building, or structure; or by reason of the use or development of property immediately adjoining the property in question, the literal enforcement of the requirements of this [zoning] ordinance would involve practical difficulties or would cause undue hardship.

(b)

There are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this [zoning] ordinance relating to the construction, structural changes in equipment, or alterations of buildings or structures, or the use of the land, buildings, or structures.

(c)

The condition or situation of the specific property or the specific intended use of the property is not of a general or recurrent nature so as to make the formulation of general regulations in this section practical.

(d)

This provision shall not be construed to permit the board under the variance to change the use of the land or structure.

(2)

Variances prohibited. A variance may be allowed by the zoning board of appeals only in cases where there is reasonable evidence in the official record of the hearing that the following are true.

(a)

No portion of the [zoning] ordinance or map are amended by the zoning board of appeals action.

(b)

The alleged practical difficulties or unnecessary hardships are present.

(c)

The variance will not reverse or modify any refusal of a permit or order, nor validate, legalize or ratify any violation, law or regulation of this [zoning] ordinance.

(d)

The variance will not be detrimental to adjacent property and the surrounding neighborhood.

(e)

The variance will not impair the intent and purpose of this [zoning] ordinance, or change the use permitted.

(f)

At least two of the following conditions are found to exist:

(1)

There are exceptional or extraordinary circumstances or conditions applying to the property in question, or to the intended use of the property that do not apply generally to other properties in the same zoning district.

(2)

The condition or situation of a specific piece of property or the intended use of the property for which the variance is sought, is not of so general or recurrent in nature as to make reasonably practicable the formulation of a general regulation for the conditions or situation.

(3)

The variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same zoning district and in the vicinity. The possibility of increased financial return shall not of itself be deemed sufficient to warrant a variance.

(3)

Land use variance procedures.

(a)

Information required. In addition to the information required for other variance requests, an application for a use variance under this section shall include a plan drawn to scale detailing the specific use and improvements proposed by the applicant, and a summary of the facts which support each of the following conclusions:

(1)

Applicant's property cannot be used for the purposes permitted in the zoning districts;

(2)

Applicant's plight is due to unique circumstances peculiar to his property and not to general neighborhood conditions;

(3)

Applicant's suggested use would not alter the essential character of the area;

(4)

Applicant's problem has not been self-created;

(5)

Unavailability of administrative relief which may afford reasonable use of applicant's property.

(b)

Prehearing conference. Prior to the scheduling of a hearing, the applicant shall contact the building official for the purpose of scheduling a prehearing conference. The purpose of the prehearing conference shall be to:

(1)

Review, the procedure for the hearing and identify all persons who will testify (directly or through affidavit) and the evidence to be offered on behalf of the applicant;

(2)

Attempt to secure a statement of agreed-upon facts to be used to narrow the matters of dispute and shorten the hearing;

(3)

Explore a means of providing relief to the applicant by way of nonuse variance from the zoning board of appeals, or other relief which may require action by persons or bodies other than the zoning board of appeals which will afford an adequate remedy for the applicant;

(4)

The prehearing conference shall be scheduled and conducted on an expeditious basis so as to avoid unreasonable delay to the applicant. Sufficient time shall be taken, however, to achieve the purposes of the prehearing conference stated above.

(c)

Use variance decision by the board of appeals.

(1)

The zoning board of appeals may deem it appropriate in any given case to provide an opportunity for anyone presenting testimony or evidence to submit proposed findings of fact and conclusions.

(2)

At the conclusion of the hearing, the zoning board of appeals may make its decision at that meeting, or it may adjourn the hearing to a new date for the purpose of reviewing the testimony and evidence, and reviewing proposed findings and conclusions submitted by hearing participants, in preparation for making its decision.

(3)

If the zoning board of appeals determines to grant variance relief, it shall be the minimum relief required to allow reasonable use of the property, while maintaining the essential character of the area. Such relief may be in the form of one or more nonuse variances and/or in the form of a use variance. The motion may include conditions that are authorized by law.

(4)

If the zoning board of appeals adopts a motion to grant variance relief, such motion may be made as a tentative grant of relief, subject to review by the planning board, planning director/ consultant, engineer or other person or official with expertise, with a view of obtaining recommendations on any conditions that may be relevant and authorized by law, and for the further purpose of ensuring that the grant of relief would not violate applicable law. If such a tentative grant of relief is approved, the zoning board of appeals shall request the completion of all reviews by other boards or persons by a specific date, so that relief may be expeditiously finalized.

(E)

Temporary uses and public utility permits.

(1)

The temporary use of a building or premises in any district for purposes of use that do not conform to the regulations prescribed by this section for the district in which it is located is permitted upon permit granted by the zoning board of appeals, provided that the use is of a true temporary nature and does not involve the erection of substantial buildings. The permit shall be granted in the form of a temporary and revocable permit for not more than a 12-month period, subject to any conditions as will safeguard the public health, safety, convenience, and general welfare.

(2)

The temporary use of a building or premises in undeveloped sections for a purpose that does not conform to the regulations prescribed by this [zoning] ordinance for the district in which it Is to be located is permitted upon permit granted by the zoning board of appeals, provided that the structure or use is of a true temporary nature, is promotive of or incidental to the development of the undeveloped sections, and does not involve the erection of substantial buildings. The permit shall be granted in the form of a temporary and revocable permit for not more than a 12-month period, subject to any conditions as will safeguard the public health, safety, convenience, and general welfare.

(3)

Public utilities. The zoning board of appeals shall have the power to permit the erection and use of a building of a public service corporation or for public utility purposes in any permitted district to a greater height or larger area than the district requirements herein established, and permit the location in any use district of a public utility building, structure, or use if the board of appeals shall find the use, height, area, building, or structure reasonably necessary for the public convenience and service. However, the building, structure, or use must be designed, erected, and landscaped to conform harmoniously with the general architecture of the district.

(F)

Interpretation of map. Where a street or lot layout actually on the ground, or as recorded, differs from the street and lot lines as shown on the zoning map, the zoning board of appeals, after notice to the owners of the property and the immediate adjoining property and after public hearing, shall interpret the map in a way so as to carry out the intent and purposes of this [zoning] ordinance for the particular section or district in question.

(G)

Public hearing; notice. Upon the filing of any appeal or application as hereinafter provided, or upon any application in any other manner or proceeding over which the zoning board of appeals shall have jurisdiction by law or ordinance, the board shall hold a public hearing on the appeal or application. The hearing shall be held at the next meeting of the board to be held not less than 15 days after the date of filing. The zoning board of appeals shall cause notice of the time and place of the hearing to be given to the appellant or applicant, and shall also cause notice of the time, place, and purpose of the hearing to be given to all owners of property within 300 feet of the property to be affected by the appeal or applications, and to the occupants of all single- and two-family dwellings within 300 feet of the property. This notice shall be given by regular mail, sent to the respective address of the owners and occupants, as listed in the city tax rolls, or the notice may be delivered by handing a copy thereof to the property owners and occupants personally and obtaining their certifying signatures evidencing the delivery. If the name of any occupant is not known, the term "occupant" may be used in addressing any notices sent by regular mail. Where ownership is in more than one person, a partnership, a corporation, an infant, or a trust, service upon any one of the owners or partners, an officer or registered agent of the corporation, the guardian or parent of the infant or trustee of the trust, as the case may be, shall be sufficient. At the hearing, any party may appear in person, or be represented by an attorney, or agent. This hearing procedure shall apply to all public hearings required under this [zoning] ordinance.

(H)

Fees. Upon the filing of any appeal or application to the zoning board of appeals by any person other than an officer, department, board or agency of the city, the appellant or applicant shall pay a fee set by the city commission, to defray the cost of the hearing and recording the matter. In addition, if testimony is to be taken stenographically, the cost of doing so and of transcribing the testimony shall be borne and paid for by the appellant or applicant. The board of appeals may require a deposit to be made for this purpose, as shall be reasonable in the circumstances.

(I)

Time limit for construction. If a variance is granted, the issuance of a permit is finally approved, or some other action by the appellant or applicant is authorized, any necessary permits shall be secured and the authorized action, construction, or use begun within three months after the date when the variance is finally granted, the issuance of the permit is finally approved, or the other action to be taken by the appellant or applicant is authorized. The structure, building, or alteration, as the case may be, shall be completed within 12 months of this date. For good cause shown, the zoning board of appeals may, upon application in writing stating the reasons thereof, extend either the three- month or the 12-month period for any further time as the board may, in its sole discretion, deem sufficient, and may require the applicant to post a bond with the city in the cash amount of the proposed construction activity.

(1)

Should the appellant or applicant fall to obtain any necessary permit within the three-month period, or having obtained the permit, should fail to commence work, to take action, or to exercise a use authorized thereunder within the three-month period, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn, and abandoned his appeal or his application, and all permissions, permits, and variances to him granted by reasons of the appeal or application shall be deemed automatically rescinded by the zoning board of appeals.

(2)

Should the appellant or applicant commence any required construction or alteration within the three-month period, but should he fail to complete the construction or alteration within the 12-month period, the zoning board of appeals may, upon ten days written notice, rescind or revoke the granted variance, the issuance of the permit, or the right to take any other action as may have been authorized to the appellant or applicant, if the board finds that no good cause appears for this failure.

(J)

Employees. The zoning board of appeals may employ any clerical or other assistance as may be necessary, provided it shall not at any time incur any expense beyond the amount of the appropriation made and then available for the purpose.

(K)

Minutes and records. The secretary of the zoning board of appeals shall keep minutes of the substance of all testimony and the board's proceedings, showing the vote of each member upon every question, or If absent or failing to vote, indicating that fact. The secretary shall keep records of the board's examinations and official actions, all of which shall be immediately filed in the office of the board and shall be public record.

(Ord. of 5-22-2013)

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

State Law reference— Appeals and variances, MCL 125.585 et seq.

(A)

In accordance with the provisions of Public Act No. 207 of 1921 (MCL 125.581 et seq.) and Public Act No. 285 of 1931 (MCL 125.31 et seq.), the city commission may from time to time amend, or change by ordinance, the number, shape, or area of districts established on the zoning map or the regulations set forth in this [zoning] ordinance. However, no amendment or change shall become effective unless the ordinance proposing the amendment or change shall first be submitted to the planning board for approval, disapproval, or suggestions, and the planning board shall have been allowed a reasonable time, not less than 30 days, for consideration and report.

(B)

Any person or persons desiring a change in the zoning ordinance text or map shall make application to the city commission. In case of a zoning ordinance text amendment, a letter shall be submitted which shall contain the requested change and the reason for the change. In case of a desired zoning map change a petition shall be submitted which shall describe the property involved, the zone change desired, and the reason for the change. With either type of request there shall be an accompanying remittance of a fee to cover costs encountered in conducting a public hearing, as set by the city commission.

(C)

The city commission shall refer all applications, for either a change in the zoning ordinance text or zoning map, to the planning board. Before submitting its recommendations and report to the city commission, the planning board shall conduct a public hearing on the proposed amendment or change after publishing a notice of the hearing at least 15 days prior to the date of the hearing, by publication in an official paper or a paper of general circulation in the municipality, and by sending a copy of the notice by United States Mail to each public utility company and railroad company owning or operating any public utility or railroad within the districts or zones affected that registers its name and mailing address with the city clerk for the purposes of receiving the notice. An affidavit of mailing shall be maintained. A hearing shall be granted a person interested at the time and place specified on the notice. In case of a proposed zoning map change, all property owners within 300 feet of the boundaries of the property proposed to be changed shall be likewise notified by mail. All public notices, including publication in the newspaper and letter, shall state the time and place of hearing, the proposed amendment, and the property to be affected in case of a proposed amendment, and/or map change. The omission of the name of any owner or occupant of property who may, in the opinion of the planning board, be affected by the amendment or change shall not invalidate any ordinance passed hereunder. It is the intention of this section to provide reasonable notice to the persons substantially interested in the proposed change that an ordinance is pending before the city commission proposing to make a change in the zoning map or the regulations set forth in this section.

(D)

After receiving the recommendations and report from the planning board, the city commission may deny the request or enact an amendment to the zoning code, or zoning map. However, upon presentation of a protest petition meeting the requirements of this section, an amendment to the zoning code which is the object of the petition shall be passed only by a two-thirds vote of the city commission. The protest petition shall be presented to the city commission before final legislative action on the amendment, and shall be signed by one of the following groups of people:

(1)

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

(2)

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

(3)

Publicly owned land shall be excluded in calculating the 20 percent land area requirement.

(E)

Following adoption of a zoning ordinance and subsequent amendments by the city commission, one notice of adoption shall be published in a newspaper of general circulation in the city within 15 days after adoption. The notice shall include the following information.

(1)

In the case of a newly adopted zoning ordinance the following statement: "A zoning ordinance regulating the development and use of land has been adopted by the city commission of the City of Sturgis, Michigan."

(2)

In the case of amendment to an existing ordinance, either a summary of the regulatory effect of the amendment including the geographic area affected, or the text of the amendment.

(3)

The effective date of the [zoning] ordinance.

(4)

The place and time where a copy of the [zoning] ordinance may be purchased or inspected. The filing and publication requirements in this section relating to the city zoning ordinance supersede charter provisions relating to the filing and publication of city ordinances.

State Law reference— Amendments, MCL 125.584.

Any building or structure which is erected, altered, or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of this section and in violation of any of the provisions thereof, is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.

State Law reference— Similar provisions, MCL 125.587.

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

Whoever violates any provision of this section shall, upon a finding of responsibility for a civil infraction, be fined the sum specified in any fine schedules compiled from time to time, by the city and filed with the court or a city agency of competent jurisdiction.

(Ord. of 7-25-2001(2), §§ 4.08. 4.09)