The provisions of this chapter shall be administered by such person or group of persons designated by the city manager or the city council, who shall be referred to in this chapter as the building official or zoning administrator. The building official shall have the power to:

(1)

Grant certificates of occupancy.

(2)

Make inspections of buildings and premises necessary to carry out the duties of the enforcement of this chapter.

(3)

Issue building permits.

(Ord. No. 54A, § 19.01, 11-11-1987)

The city council, shall establish, by resolution, fees for each of the following:

(a)

Inspection and certification. Fees for inspections and the issuance of permits or certificates, or copies thereof, required or issued under the provisions of this chapter shall be collected by the city treasurer in advance of the issuance of such permits or certificates.

(b)

Appeals. Any person appealing under division 3, zoning board of appeals, of this chapter shall pay the established fixed fee, plus additional fees as may be deemed reasonable by the city council for expert services necessary to render a proper decision.

(c)

Reviews. Fees for the review of zoning permit applications, site plans, special approval uses or other matters requiring city council, planning commission or the zoning board of appeals review, under the terms of this chapter, shall be paid to cover the cost of such reviews, including notice, publication, delivery, administration and professional services.

(d)

Rezonings. Any petition for the rezoning of land requiring an amendment of the ordinance from which this chapter is derived shall be accompanied by a fee payable by the petitioner. Such fee shall be utilized to defray all costs, including necessary expert opinions in conjunction with the legislative review of the petition.

(e)

Other. Fees for special resolutions pertaining to any matter relevant to this chapter or for the cost of special meetings of the city council, planning commission or the zoning board of appeals shall be paid by the recipient or applicant prior to such resolution or meeting.

(f)

Waivers. The city council may waive payment of any fees established by resolution when it finds that the necessity for an appeal, variance and/or rezoning is the result of an error or omission by the city council in enactment of the ordinance from which this chapter is derived.

(Ord. No. 54A, § 16.42, 11-11-1987; Ord. No. 374, § 1, 3-12-2025)

(a)

No building or structure within the city shall hereafter be erected, moved, repaired, altered or razed, nor shall any work be started to erect, move, repair or raze until a building permit shall have been obtained from the building official, nor shall any use be added to an existing use, nor shall any change be made in the use of any of building or land without a building permit having been obtained from the building official, except that no building permit shall be required for nonstructural alterations costing less than $500.00. No such building permit shall be issued to erect a building or structure or make any change of use of a building or land unless it is in conformity with the provisions of this chapter and all amendments hereto. Unless construction is started within six months after the date of issuance of a building permit, the building permit shall automatically become void and fees forfeited. The building official may reinstate a building permit that has become void for failure to commence construction without payment of further fees at his discretion as long as site plan approval, if required, has not expired. Fees for inspection and the issuance of permits or certificates or copies thereof required or issued under the provisions of this chapter shall be collected by the building official in advance of issuance. The amount of such fees shall be established by resolution of the city council.

(b)

The building official shall record all nonconforming uses for the purposes of carrying out the provisions of article II, division 4 of this chapter.

(c)

The building official shall not refuse to issue a permit when conditions imposed by this chapter are complied with by the applicant despite violations of contracts, such as covenants or private agreements which may occur upon the granting of such permit.

(d)

The building official shall issue appearance tickets for violations pursuant to this chapter.

(e)

The building official shall require that all applications for building permits be accompanied by plans and specifications, including a plot plan in duplicate, which shall agree with the site plan approved by the city council when required under article II, division 5 of this chapter. The plot plan shall show the following:

(1)

Legal description of the property.

(2)

North point and scale of not less than one inch equals 100 feet.

(3)

Exact dimensions of the property, including bearings and distances as described in the legal description.

(4)

Property relationship of subject property with all abutting property lines.

(5)

Two-foot contours or pegged grade elevations at 50 feet on center for the entire property and for a distance not less than 50 feet outside the entire perimeter of the property.

(6)

The existing finish grade elevations of all existing buildings or structures on or within 50 feet of the property.

(7)

The location of all existing and/or proposed drives and parking areas.

(8)

The location of all existing or proposed overhead and underground utilities.

(9)

The natural and proposed finished grade of all buildings, the site itself and the entire perimeter of the property, including property corners.

(10)

The location and widths of all existing and/or proposed rights-of-way and/or easements and all abutting streets and alleys.

(11)

The point, area, ditch or enclosure to which stormwater is to drain, including discharge of sump pumps.

(12)

The location of the existing and/or proposed buildings on the property shall be clearly shown and shall include the dimensions to front, side and rear property lines and ties from the proposed building to any adjoining building on or within 50 feet of the proposed building.

(13)

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

(14)

Prior to pouring concrete for any footings, the builder shall demonstrate to the building official that the footing forms are properly located on the lot and that the footing grade is set to the proper elevation, both according to the dimensions and elevations as indicated on the plot plan.

One copy of the plans shall be returned to the applicant by the building official, after the building official shall have marked such copy either as approved or disapproved. The remaining copy shall be retained in the office of the building official.

(f)

Upon the completion of the work authorized by a building permit, the holder thereof shall seek final inspection thereof by notifying the building official, who shall then make such final inspection promptly.

(g)

Whenever the building, land and uses thereof as set forth in the application are in conformity with the provisions of this chapter, it shall be the duty of the building official to issue within seven working days after the receipt of such application a building permit, and when such permit is refused, to state such refusal in writing with the reasons therefor.

(h)

Whenever the application for a building permit involves an addition or alteration to an existing building or structure, the building official may waive the requirements in this section of the furnishing of a plot plan when he determines that the public health, safety and welfare will not be adversely affected by doing so.

(Ord. No. 54A, § 19.02, 11-11-1987; Ord. No. 222, § 5, 7-14-1993)

No land, building, structure or part thereof shall be occupied by or for any use for which a building permit is required by this chapter unless and until a certificate of occupancy shall have been issued for such new use. The following shall apply in the issuance of any certificate:

(1)

Certificates not to be issued. No certificates of occupancy pursuant to the building code of the city shall be issued for any building, structure or part thereof, or for the use or change of use of any building or land, which is not in accordance with all the provisions of this chapter.

(2)

Certificates required. No building or structure, or parts thereof, which is hereafter erected or altered shall be occupied or used or such occupancy or use caused to be done unless and until a certificate of occupancy shall have been issued for such building or structure. Such certificate shall not be issued until the following requirements are complied with and are approved by the building official:

a.

Prior to the official issuance of a certificate of occupancy, the building official shall inspect the site to determine if the grading is in accordance with the approved plot plan. If, in the judgment of the building official, there is doubt that such grading is in accordance with the plot plan, the building official shall request a grading certificate prepared, signed and sealed by a registered professional civil engineer, architect or land surveyor be submitted to the building official, in duplicate, attesting to the fact that the site has been constructed and graded in accordance with the plot plan, permanent irons at each lot corner are in evidence and that the drainage pattern is in accordance with the plot plan as approved at the time of issuance of the building permit.

b.

In lieu of a grading survey, a surety bond, letter of credit or cash deposit in an amount set by the building official may be required to ensure grading and submission of such survey at a later date when a building, land or structure is otherwise suitable for occupancy during that season of the year when weather conditions make finish grading unfeasible. In such case a temporary certificate of occupancy may be issued and the date for completion of grading shall be indicated on the temporary certificate of occupancy or its related documents.

(3)

Certificates including zoning. Certificates of occupancy as required by the building code for new buildings or structures, or parts thereof, or for alterations to or changes of use of existing buildings, structures or lands shall also constitute a certificate of occupancy as required by this chapter.

(4)

Certificates for existing buildings. Certificates of occupancy will be issued for existing buildings, structures or parts thereof, or existing uses of land, if after inspection it is found that such buildings, structures or parts thereof, or such use in land, are in conformity with the provisions of this chapter.

(5)

Temporary certificates. Nothing in this chapter shall prevent the building official from the issuing of a temporary certificate of occupancy for a portion of a building or structure in process of erection or alteration, provided that such temporary certificate shall not be effective for a period of time in excess of six months nor more than five days after the completion of the entire building, to a state ready for occupancy, and provided further that such portion of the building, structure or premises is in conformity with the provisions of this chapter.

(6)

Records of certificates. A record of all certificates issued shall be kept on file in the office of the building official, and copies shall be furnished upon request to any person.

(7)

Certificates for dwelling accessory buildings. Buildings accessory to dwellings shall not require separate certificates of occupancy, but may be included in the certificate of occupancy for the dwelling when shown on the plot plan and when completed at the same time as such dwellings.

(8)

Application for certificates. Application for certificates of occupancy shall be made in writing to the building official on forms furnished by the department, and such certificates shall be issued if, after final inspection, it is found that the building or structure, or part thereof, or the use of land is in accordance with the provisions of this chapter. If such certificate is refused for cause, the applicant therefor shall be notified in writing of such refusal and cause thereof.

(Ord. No. 54A, § 19.03, 11-11-1987)

Proposed plats of lands hereafter to be platted into lots in the city shall be submitted to the city council for approval. All lots therein shall have a street frontage of not less than 65 feet and a depth of not less than 125 feet, or shall contain not less than 8,000 square feet; provided, however, that if the available lands, or part thereof, shall be so submitted that it would be impracticable, or would work an undue hardship to require all the dimensions in such plat to be of the size specified in this section, then and in that event the city council shall have authority to approve such where a portion of the lots therein do not conform to the requirements set forth in this section.

(Ord. No. 54A, § 19.04, 11-11-1987)

The planning commission is hereby designated as the commission specified in Section 301 of Act 110 of the Public Acts of 2006, as amended, and shall perform the duties of said commission as provided in the statute and in this chapter 78.

(Ord. No. 277, § 2, 8-2-2006)

(a)

Except as otherwise provided in this chapter, if the city is required to provide notice of a public hearing, the city shall do all of the following:

(1)

Publish notice of the request in a newspaper of general circulation in the city;

(2)

Mail or personally deliver said notice to the owners of property for which approval is being considered; and

(3)

Mail or personally deliver said notice to all persons to whom real property is assessed within 300 feet of the subject property and to the occupants of all structures within 300 feet of the subject property, regardless of whether the property or occupant is located in the city. If the name of an occupant is not known, the term "occupant" may be used.

(b)

The notices specified above shall be given not less than 15 days before the date of the public hearing or the date the application will be considered for approval.

(c)

The notice specified above shall do all of the following:

(1)

Describe the nature of the request;

(2)

Indicate the property that is the subject of the request by street address, or if none, other appropriate descriptive terms;

(3)

State when and where the request will be considered; and

(4)

Indicate when and where written comments will be received concerning the request.

(Ord. No. 277, § 2, 8-2-2006)

For the purpose of establishing and maintaining sound, stable and desirable development within the territorial limits of the city, this chapter shall not be amended except to correct an error in the chapter or, because of changed or changing conditions in a particular area or in the city generally, to rezone an area, to extend the boundary of an existing district or to change the regulations and restrictions thereof. Such amendment to this chapter may be initiated by any person by filing an application therefor with the city clerk, or by motion of the city council or the planning commission requesting the city clerk to initiate an amendment procedure.

(Ord. No. 54A, § 22.01, 11-11-1987)

(a)

All applications for amendments to this chapter shall be in writing, signed and filed in triplicate with the city clerk. All applications for amendments to this chapter, without limiting the right to file additional material, shall contain the following:

(1)

The applicant's name, address and interest in the application as well as the name, address and interest of every person having a legal or equitable interest in the land.

(2)

The nature and effect of the proposed amendment.

(3)

If the proposed amendment would require a change in the zoning map, a fully dimensioned drawing showing the land which would be affected by the proposed amendment, a complete legal description of the land, the present zoning classification of the land, the zoning classification of all abutting districts, all public and private rights-of-way and easements bounding and intersecting the land under consideration.

(4)

If the proposed amendment would require a change in the zoning map, the names and addresses of the owners of all land and their legal descriptions within the area to be changed by the proposed amendment.

(5)

The alleged error in this chapter which would be corrected by the proposed amendment, with a detailed explanation of such alleged error and detailed reasons the proposed amendment will correct the error.

(6)

The changed or changing conditions in the area or in the city that make the proposed amendment reasonably necessary to the promotion of the public health, safety and general welfare.

(7)

All other circumstances, factors and reasons which the applicant offers in support of the proposed amendment.

(b)

The city clerk, upon receipt of an application to amend or request to amend by the city council or planning commission, shall refer such application to the planning commission for study and report. The planning commission shall cause a complete study of the proposed amendment to be made and shall recommend to the city council such action as it deems proper. A public hearing on the proposed amendment shall be held by the planning commission before its recommendation to council on any proposed amendment to this chapter. Notice of the public hearing shall be given according to section 78-42 of this chapter. If 11 or more adjacent parcels are proposed for rezoning, notice of the public hearing need not include the addresses of individual parcels and the notice need to be mailed to all owners and occupants within 300 feet. Such notice shall also be mailed to each public utility company owning or operating any public utility within the zoning districts affected by the proposed amendment that registers its name and mailing address with the city for the purpose of receiving such notice. The city clerk shall maintain an affidavit of such mailing.

In addition to the provisions of this subsection, if an individual property or several adjacent properties are proposed for rezoning, the planning commission shall give a written notice of the proposed rezoning to the owner of the property in question, to all persons to whom any real property within 300 feet of the premises in question is assessed and to the occupants of all single- and two-family dwellings within 300 feet. The notice shall be delivered personally or by mail to the respective owners and tenants at the address given in the last assessment roll. If the tenant's name is not known, the term "occupant" may be used. If the notice is delivered by mail, an affidavit of mailing shall be filed with the planning commission before the hearing. The notice shall be mailed or delivered not less than 18 days before the hearing stating the time, place, date and purpose of the hearing.

(c)

After the public hearing held by the planning commission, the city council may adopt the proposed amendment. The council may decline to adopt the proposed amendment or may adopt it in whole, in part, or with or without additional changes. The council may also refer the proposed amendment back to the planning commission for further study and review or for additional public hearings.

(Ord. No. 54A, § 22.02, 11-11-1987; Ord. No. 277, § 3, 8-2-2006)

(a)

In case a protest against a proposed amendment is presented, duly signed by the owners, or part owners, of 20 percent of the land proposed to be altered, or by the owners of at least 20 percent of the area of land included within the area extending outward 100 feet from any point on the boundary of the land included in the proposed change, such amendment shall not be passed except by the three-quarters vote of the city council.

(b)

If a parcel of land is owned by the entireties, by joint tenants, by tenants in common or by legal and equitable owners, any one of such owners may sign the protest for the parcel so owned. In determining the land area upon which percentages shall be calculated, there shall be included all the property in a common ownership as a single unit. For purposes of this subsection, publicly-owned land shall be excluded in calculating the 20 percent land area requirement.

(Ord. No. 54A, § 22.03, 11-11-1987)

State Law reference— Protests, MCL 125.584(5).

The planning commission shall, from time to time at intervals of not more than three years, examine the provisions of this chapter and the location of district boundary lines and shall submit a report to the city council recommending changes and amendments, if any, which are desirable in the interest of public health, safety and general welfare.

(Ord. No. 54A, § 22.04, 11-11-1987)

(a)

Creation. A zoning board of appeals is hereby established, and shall consist of five members, appointed by majority vote of the members of the city council. One of the regular members of the zoning board of appeals shall be a member of the planning commission. One regular member may be a member of the legislative body but shall not serve as the chairperson of the zoning board of appeals. An employee or contractor of the legislative body may not serve as a member of the zoning board of appeals. The remaining regular members shall be selected from the electors of the city residing within the zoning jurisdiction of the city. The members selected shall be representative of the population and of the various interests in the city. A member shall disqualify himself or herself from a vote in which the member has a conflict of interest.

(b)

Alternate members. The city council may 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 called shall serve in the case until a final decision is made. The alternate member has the same voting rights as a regular member of the board of appeals. A use in this section the phrase "absence of a regular member" shall mean the inability of a regular member to attend one or more meetings due to illness, death in the family, out to town on vacation and/or business, or similar situation.

(c)

Terms of members. The terms of office for members appointed to he zoning board of appeals shall be for three years, except for members serving because of their membership on the planning commission or legislative body, whose terms shall be limited to the time they are members of those bodies. When members are first appointed, the appointments may be for less than three years to provide for staggered terms. A successor shall be appointed not more than one month after the term of the proceeding member has expired. Vacancies for unexpired terms shall be filled for the remainder of the term in the same manner as the original appointment.

(d)

Officers and compensation. The board shall annually elect its own chairperson, vice chairperson and a secretary. The compensation of the appointed members of the board shall be fixed by city council.

(e)

Removal. A member of the board may be removed by the legislative body for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing. Failure of a member to disqualify himself or herself from a vote in which the member has a conflict of interest constitutes malfeasance in office.

(f)

Meetings. Meetings of the board shall be held at the call of the chairperson and at other times as the zoning board of appeals in its rules of procedure may specify. The chairperson or, in his or her absence, the acting chairperson may administer oaths and compel the attendance of witnesses.

(g)

Record of proceedings. The zoning board of appeals shall maintain a record of its proceedings, which shall be filed in the office of the city council clerk.

(Ord. No. 289, § 1, 6-13-2008)

State Law reference— Authority for governing body to serve as board of appeals, MCL 125.585(1).

As set forth in Section 603(1) of Public Act 110 of 2006, as amended, and herein, the zoning board of appeals shall have the authority to hear and decide questions that arise in the administration of the zoning ordinance, including interpretation of the zoning map and to hear and decide appeals from and review any administrative order, requirement, decision, or determination made by an administrative official, planning commission or city council. The zoning board of appeals shall hear and decide upon matters referred to it as required in this chapter. Also, the zoning board of appeals may adopt rules to govern its procedures sitting as a zoning board of appeals pursuant to Public Act 110 of 2006, as amended.

The zoning board of appeals shall not have the authority to alter or change the zoning district classification of any property, nor make any change in the text of this chapter. The zoning board of appeals shall not have the authority to hear and decide upon an appeal regarding a special use or a planned development. Further, the zoning board of appeals shall not grant any "non-use" or dimensional variance to any property located in a planned development zoning district, unless specifically authorized by the applicable recorded planned development agreement.

(1)

Administrative review. The ZBA shall have authority to hear and decide appeals where it is alleged that there is an error in an order, requirement, permit, decision, or refusal made by an official, city council or planning commission in carrying out or enforcing any provisions of this chapter. The applicant shall request such appeal within 30 days of the date of the order, refusal, requirement, or determination being appealed.

In hearing and deciding appeals under this subsection, ZBA review shall be based upon the record of the administrative decision being appealed, and the ZBA shall not consider new information, which had not been presented to the administrative official, city council or planning commission from whom the appeal is taken. The ZBA shall not substitute its judgment for that of the administrative official, (city council or planning commission) being appealed, and the appeal shall be limited to determining, based upon the record, whether the administrative official, (city council or planning commission) breached a duty or discretion in carrying out this chapter.

(2)

Interpretation of zoning map. The ZBA shall have authority to hear and decide requests for interpretation of the zoning ordinance, including the zoning map. The ZBA shall make such decisions so that the spirit and intent of this chapter shall be observed. Text interpretations shall be limited to the issues presented, and shall be based upon a reading of the ordinance as a whole, and shall not have the effect of amending the ordinance. Map interpretations shall be made based upon rules in the Ordinance, and any relevant historical information. In carrying out its authority to interpret the ordinance, the ZBA shall consider reasonable and/or practical interpretations, which have been consistently applied in the administration of the ordinance. Prior to deciding a request for an interpretation, the ZBA may confer with staff and/or consultant to determine the basic purpose of the provision subject to interpretation and any consequences which may result from differing decisions. A decision providing an interpretation may be accompanied by a recommendation for consideration of an amendment of the ordinance.

(3)

Public service or public utility building variance. To permit the erection and use of a building or an addition to an existing 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 established in this chapter, and permit the location, in any use district, of a public utility building, structure or use, if the board shall find such use, height, area, building or structure reasonably necessary for the public convenience and service, and if an applicant under this subsection shall demonstrate to the satisfaction of the board that no reasonable alternative exists which, if employed, would allow full compliance with this chapter.

(4)

Variances.

a.

Dimensional or non-use. The ZBA shall have authority in specific cases to authorize one or more dimensional or "non-use" variances from the strict letter and terms of this chapter by varying or modifying any of its rules or provisions so that the spirit of this chapter is observed, public safety secured, and substantial justice done. A dimensional or non-use variance allows a deviation from the dimensional (i.e., height, bulk, setback) requirements of the ordinance. A use variance authorizes the establishment of a use of land that is otherwise prohibited in a zoning district. The ZBA may grant a requested "non-use" variance only upon a finding that practical difficulties exist. A finding of practical difficulties shall require demonstration by the applicant of all of the following:

1.

Practical difficulties. Strict compliance with the specified dimensional standard(s) will deprive the applicant of rights commonly enjoyed by other property owners in the same zoning district, create an unnecessary burden on the applicant or unreasonably prevent the owner from using the property for a permitted purpose.

2.

Substantial justice. The variance will do substantial justice to the applicant, as well as to other property owners, and a lesser variance than requested will not give substantial relief to the applicant or be consistent with justice to other property owners.

3.

Unique circumstances. The need for the variance is due to unique circumstances peculiar to the land or structures involved that are not applicable to other land or structures in the same district.

4.

Preservation of property rights. The variance is necessary for the preservation and enjoyment of a substantial property right also possessed by other property owners in the same zoning district.

5.

Public safety and welfare. The requested variance or appeal can be granted in such fashion that the spirit of this chapter will be observed and public safety and welfare secured.

6.

Not self-created. The problem and resulting need for the variance has not been self-created by the applicant or the applicant's predecessors.

7.

More than mere inconvenience. The alleged hardship and practical difficulties that will result from a failure to grant the variance include substantially more than mere inconvenience, or an inability to attain a higher financial return.

8.

Additional considerations. The ZBA shall consider all of the following when reviewing a variance to ensure that the proposed variance is the minimum necessary to meet the requirements of the applicant under the ordinance and may impose condition upon any variance granted based upon its findings under this subsection:

i.

The granting of a lesser variance will not provide reasonable relief and substantial justice to the applicant.

ii.

The granting of a variance will not increase the hazard of fire or otherwise endanger public safety.

iii.

The granting of a variance will not unreasonably diminish or impair the value of surrounding properties.

iv.

The granting of a variance will not alter the essential character of the neighborhood or surrounding properties.

v.

The granting of a variance will not impair the adequate supply of light and air to any adjacent property.

b.

Use. The ZBA may grant a requested "use" variance only upon a finding that an unnecessary hardship exist, subject to a ⅔ majority vote of the members of the ZBA. A finding of unnecessary hardship shall require demonstration by the applicant of all of the following:

1.

The current zoning ordinance prohibits the property owner from securing any reasonable economic return or making any reasonable use of the property. Under this standard, the ZBA shall find that the property (land, structures and other improvements) is not suitable for uses permitted in the zoning district.

2.

The landowner's plight is due to unique circumstances peculiar to the property and not to general neighborhood conditions. Circumstances common to the larger neighborhood may reflect the unreasonableness of the zoning itself, which should be addressed through a rezoning or other legislative action.

3.

The use variance, if granted, would not alter the essential character of the neighborhood. This standard requires consideration of whether the intent and purpose of the ordinance and zoning district will be preserved and the essential character of the area will be maintained.

4.

The hardship is not the result of the applicant's actions. Under this standard, the ZBA shall determine that the hardship that led to the use variance request was not self-created by the applicant. Purchase of a property with a pre-existing hardship does not constitute a self-created hardship. Financial hardships that would prevent reasonable use of the property shall be considered, but shall not be the only determining factor in granting a use variance.

c.

In all variance proceedings, it shall be the responsibility of the applicant to provide information, plans, testimony and/or evidence from which the ZBA may make the required findings. Administrative officials and other persons may, but shall not be required to, provide information, testimony and/or evidence on a variance request. The fact that a variance would increase the value of property or allow an owner to increase profits is not sufficient grounds for granting the variance.

(5)

Temporary buildings and uses. The zoning board of appeals shall have the power to grant permits authorizing the following temporary uses:

a.

Application and submittal requirements. The application for a temporary use permit shall be accompanied by plans and specifications including a plot plan, in triplicate, drawn to scale, showing the following:

1.

The shape, location, and dimensions of the lot, including the shape, size, and location of all buildings or other structures already on the lot, off-street parking layout, and the location of any designated fire lanes.

2.

The materials to be utilized in and the shape, size, and location of all buildings and structures to be erected or moved onto the lot, including all tents, tables, stands, or display racks.

3.

The anticipated automobile traffic flow to and from the lot and any adjacent thoroughfares, loss of off-street parking spaces, if any, as well as the anticipated flow of pedestrian traffic upon lot sidewalks.

(6)

Conditions. The ZBA may impose reasonable conditions in connection with an affirmative decision on an appeal, interpretation or variance request. The conditions may include requirements necessary to insure that public services and facilities affected by a proposed land use or activity will be capable or accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet the following requirements:

a.

Be designed to protect natural resources, the health, safety and welfare and the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as whole.

b.

Be related to the valid exercise of the police power, and purposes which are affected by the proposed use or activity.

c.

Be necessary to meet the intent and purpose of the zoning ordinance, be related to the standards established in the ordinance, be related to the standards established in the ordinance for the land use or activity under consideration, and be necessary to insure compliance with those standards.

d.

Conditions imposed with respect to the approval of a variance shall be recorded as part of the ZBA minutes, and shall remain unchanged except upon the mutual consent of the ZBA and the landowner following notice and hearing as required in a new case.

(7)

Consent of property owner required. Applications to the ZBA shall be made with the full knowledge and written consent of all owners of the property in question. This requirement shall include the consent of a land contract seller to the relief sought by a land contract purchaser.

(Ord. No. 289, § 1, 6-13-2008)

State Law reference— Powers of board of appeals, MCL 125.585(3).

(a)

Application. All applications to the ZBA shall be filed with the city clerk, on forms provided by the city, and shall be accompanied by the applicable fee established by resolution of the city council. Applications shall include all plans, studies and other information and data to be relied upon by the applicant. Applications involving a request for a variance shall specify the requirements from which a variance is sought.

(b)

Plot plan. Applications involving a specific site shall be accompanied by a sketch which includes the following information, where applicable:

(1)

Applicant's name, address, and telephone number.

(2)

Scale, north point, and dates of submission and revisions.

(3)

Zoning classification of petitioner's parcel and all abutting parcels.

(4)

Existing lot lines, building lines, structures, parking areas, driveways, and other improvements on the site and within 50 feet of the site.

(5)

Proposed lot lines and lot dimensions, and general layout of proposed structures, parking areas, driveways, and other improvements on the site.

(6)

Dimensions, centerlines, and right-of-way widths of all abutting streets and alleys.

(7)

Location of existing drainage courses, floodplains, lakes and streams, and woodlots.

(8)

All existing and proposed easements.

(10)

Location of sanitary sewer or septic systems, existing and proposed.

(11)

Location and size of water mains, well sites, and building service, existing and proposed.

(12)

Any additional information required by the zoning board of appeals to make the determination requested herein.

Where an application requests a variance sought in conjunction with a regular site plan review, a site plan prepared according to article ii, division 5, site plan review shall satisfy the requirements of this section.

The zoning board of appeals has the authority to require a land survey prepared by a registered land surveyor or registered engineer when the ZBA determines it to be necessary to insure accuracy of the plan.

The ZBA shall have no obligation to consider and/or grant a request for relief unless and until a conforming and complete application has been filed; including relevant plans, studies and other information.

(c)

Applications involving an appeal of administrative order. In a case involving an appeal from an action of an administrative official or entity, the administrative official, or the clerk or secretary of the administrative entity, as the case may be, shall transmit to the ZBA copies of all papers constituting the record upon which the action was taken, together with a letter specifying an explanation of the action taken.

(d)

Consent of property owner required. Applications to the ZBA shall be made with the full knowledge and written consent of all owners of the property in question. This requirement shall include the consent of a land contract seller to the relief sought by a land contract purchaser.

(e)

Public notice. The zoning board of appeals must hold a public hearing. The city council shall provide written notice of the hearing of an appeal, variance, or interpretation, as follows:

(1)

Notice contents. The notice shall contain the following information, where applicable:

a.

A description of the nature of the application and the purpose of the public hearing;

b.

A statement indicating the applicable sections of the zoning ordinance;

c.

A legal description and, when known, the address of the property;

d.

A statement of when and where the public hearing will be held;

e.

A statement of when and where written comments can be sent concerning the application.

(f)

Newspaper publication and written notification. The general requirements for newspaper publication and written notification shall be as indicated below:

(1)

Notices of public hearings must be published in a newspaper of general circulation within the city council not less than 15 days prior to the date of the hearing.

(2)

Notification of a dimensional or use variance request must be sent by mail to the owners and occupants of all property and structures within 300 feet of the subject site, including outside of the city if applicable. However, if the request does not involve a specific parcel, notice need only be published as cited above.

(3)

Notification need not be given to more than one occupant of a structure. In the case of a structure containing up to four dwelling units that are owned or leased by different persons, one occupant of each dwelling unit shall be given notice. For a structure containing more than four dwelling units that are owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure.

(4)

Notices shall be considered given when personally delivered or when deposited with the United States postal service or other public or private delivery service during normal business hours.

(5)

Notices must be given not less than 15 days prior to the date of the hearing.

(g)

Stay of proceedings. An appeal shall have the effect of staying all proceedings in furtherance of the action being appealed (with the exception of court proceedings already in process) unless the officer or entity from whom the appeal is taken certifies to the ZBA that, by reason of facts stated in such certification, a stay would in his or her opinion cause imminent peril to life or property, in which case proceedings shall not be stayed unless specifically determined by the ZBA, or by a court of competent jurisdiction.

(h)

Decision by the zoning board of appeals. The concurring vote of a majority of the membership of the ZBA shall be necessary to reverse any order, requirement, decision, or determination of an administrative official, (city council or planning commission) made in the administration of this chapter, to decide in favor of an applicant on any matter upon which the ZBA is required to pass under this chapter, or to grant a "non-use" variance from the terms of this chapter.

(Ord. No. 289, § 1, 6-13-2008)

The ZBA may reverse, affirm, vary or modify any order, requirement, decision, or determination presented in a case within the ZBA's jurisdiction, and to that end, shall have all of the powers of the officer, (city council or planning commission) from whom the appeal is taken, subject to the ZBA's scope of review, as specified in this chapter and/or by law. The ZBA may remand a case for further proceedings and decisions, with or without instructions.

(1)

The concurring vote of the majority of the members of the zoning board of appeals shall be necessary to:

a.

Reverse any order, requirement, decision or determination of any administrative official;

b.

Decide in favor of the applicant on any matter upon which the board is required to pass under this chapter; or

c.

Effect any variance in this chapter, except that a use variance shall be granted subject to the provisions of section 78-87(4)b.

(2)

Every decision of the board shall be based upon finding of fact, and each and every such finding shall be supported in the record of the proceedings of the board.

(3)

Nothing contained in this section shall be construed to empower the board to change the terms of this chapter, to effect changes in the zoning map or to add to the uses permitted in any zoning district, except when specifically empowered to do so.

(4)

A decision by the ZBA shall be considered final as of the meeting at which the decision has been made, and the date of such meeting shall be deemed to be the date of notice of the decision to the applicant. To the extent that decisions are requested or required to be in writing, the minutes of the ZBA meeting and decision, as proposed under supervision of the secretary, shall constitute the written decision.

(5)

Any decision of the ZBA favorable to the applicant shall remain valid only as long as the information and data relating to such decision are found to be correct, and the conditions upon which the decision was based are maintained. The relief granted by the ZBA shall be valid for a period not longer than 24 months, unless otherwise specified by the ZBA, and within such period of effectiveness, actual, on-site improvement of property in accordance with the approved plan and the relief granted, under a valid building permit, must be commenced or the grant of relief shall be deemed void. The period of approval may be automatically extended by 12 months if the variance was sought in conjunction with a site plan for which approval has been extended by the planning commission.

(6)

The city council administrative staff, under the supervision of the secretary of the ZBA, shall prepare and keep minutes of the ZBA proceedings, showing the findings, decisions, conditions, if any, and votes of each member in each case, including a member's absence or failure to vote. The minutes shall be within the ultimate authority, and shall be the responsibility, of the secretary of the ZBA, and shall be subject to approval of the ZBA. To the extent that a written decision in a case is requested or required, the minutes, prepared under the supervision of the ZBA secretary, along with the plan submitted, shall serve as the written decision, even if the minutes are awaiting final ZBA approval.

(Ord. No. 289, § 1, 6-13-2008)

(a)

The decision of the zoning board of appeals shall be final. A party aggrieved by the decision may appeal to the circuit court of the county in which the property is located. An appeal of the decision of the zoning board of appeals shall be filed within 30 days after the zoning board of appeals certifies its decision in writing or approves the minutes of its decision. Appeals of decisions of the zoning board of appeals shall be subject to the provisions of Section 606 of PA 110 of 2006, as amended.

(b)

If the ZBA denies a request for a variance, the decision of the ZBA shall not be subject to re-consideration for a period of one year, whereupon the applicant may submit a new application for the variance. However, the ZBA may waive the one-year period if conditions upon which their original decision was made change, or if information relating to their original decision are found to be incorrect or inaccurate.

(Ord. No. 289, § 1, 6-13-2008)

State Law reference— Appeals, MCL 125.585(5)—(9)

(a)

It is the intent of this chapter to permit legal nonconforming lots, structures or uses to continue until they are removed, but not to encourage their survival.

(b)

It is recognized that there exists within the districts established by this chapter and subsequent amendments, lots, structures and uses of land and structures which were lawful before this chapter was passed or amended which would be prohibited, regulated or restricted under the terms of this chapter or future amendments.

(c)

Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as ground for adding other structures or uses prohibited elsewhere in the same district. A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited in the district involved.

(d)

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of the ordinance from which this chapter is derived and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner.

(Ord. No. 54A, § 14.01, 11-11-1987)

Where, at the effective date of adoption of or amendment of the ordinance from which this chapter is derived, a lawful use of land exists that is no longer permissible under the terms of this chapter as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the ordinance from which this chapter is derived.

(2)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot occupied by such use at the effective date of adoption or amendment of the ordinance from which this chapter is derived.

(3)

If such nonconforming use of land ceases for any reason for a period of more than 180 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

(Ord. No. 54A, § 14.02, 11-11-1987)

(a)

Where a lawful structure exists at the effective date of adoption or amendment of the ordinance from which this chapter is derived that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure of its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

The expansion of any such structure must be compliant with the bulk, density, and area requirements in section 78-296. No such structures may be enlarged or altered in a way which creates any new nonconformities or extends a nonconforming portion of a structure. Such structures may, however, be enlarged or altered in a way which does not increase nonconformity. By way of example, a structure or building that has a noncompliant setback may not be extended further in the same vertical or horizontal plane. New portions of buildings are limited to those that met the current setback and height standards.

(2)

Should such structure be destroyed by any means to an extent of more than 100 percent of its current assessed value, exclusive of the foundations, at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.

(3)

Should such structure be moved for any reason for any distance, or is destroyed by any means, intentional or otherwise, to an extent of more than 100 percent of its current assessed value, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(Ord. No. 54A, § 14.03, 11-11-1987; Ord. No. 286, § 1, 8-8-2007; Ord. No. 370, § 1, 6-12-2024)

If a lawful use of a structure, or of structure and land in combination, exists at the effective date of adoption or amendment of the ordinance from which this chapter is derived that would not be allowed in the district under the terms of this chapter, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted in whole or in part to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

(2)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of the ordinance from which this chapter is derived, but no such use shall be extended to occupy any land outside such building.

(3)

If no such structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use, provided that the zoning board of appeals, by making findings in the specific case, shall find that the proposed use is more appropriate to the district than the existing nonconforming use. In permitting such change, the zoning board of appeals may require appropriate conditions and safeguards in accord with the purpose and intent of this chapter.

(4)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may thereafter be resumed.

(5)

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or ceases to exist for six consecutive months or for 12 months during any three-year period, or is otherwise sooner abandoned, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. Structures occupied by seasonal uses shall be exempt from this subsection.

(6)

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

(7)

Nothing contained in this chapter shall, however, prohibit a single-family residential homeowner from improving his homestead by an enlargement or alteration of the homestead structure, so long as the enlargement or alteration therein is in keeping as near as reasonably can be with the provisions contained in this chapter and provided such improvement receives the prior approval of the zoning board of appeals; provided further that any homestead destroyed by any means, except voluntary destruction, to an extent of more than 100 percent of its current assessed value, exclusive of foundations, at the time of destruction may be reconstructed by a homeowner as his homestead, provided such reconstruction meets the provisions of this chapter as near as reasonably can be and such reconstruction receives the prior approval of the zoning board of appeals. Under this subsection a homeowner may only have one homestead in the city and such homestead must be his sole residence in the city and he must be residing in or have resided therein at time application to enlarge alter or reconstruct is applied for.

(Ord. No. 54A, § 14.04, 11-11-1987)

On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 50 percent of the assessed value of the building, providing that the cubic content of the building as it existed at the time of passage or amendment to this chapter shall not be increased. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(Ord. No. 54A, § 14.05, 11-11-1987)

Any use which is listed as a principal use permitted subject to special approval in this chapter shall be deemed a conforming use.

(Ord. No. 54A, § 14.06, 11-11-1987)

There may be a change of tenancy, ownership or management of any existing nonconforming uses of land, structures and premises, provided there is no change in the nature or character of such nonconforming uses.

(Ord. No. 54A, § 14.07, 11-11-1987)

The city may acquire by purchase, condemnation or otherwise, private property for the removal of nonconforming uses and/or structures. Pursuant thereto, the council may, in its discretion, provide that the cost and expense of acquiring such property be paid from general funds or that any portion thereto be assessed to a special district.

(Ord. No. 54A, § 14.08, 11-11-1987)

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of the ordinance from which this chapter is derived. This section shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Yard requirement variances may be obtained through approval of the board.

(Ord. No. 54A, § 14.09, 11-11-1987)

(a)

If two or more lots or combination of lots and portions of lots with continuous frontage in single ownership are recorded at the time of passage or amendment of the ordinance from which this chapter is derived, and if all or part of such lots do not meet the requirements of the schedule of regulations and footnotes for lot width and area, the lands involved shall be considered to be a single undivided lot for a building permit and all other purposes of this chapter, and no portion of such lot shall be used or sold in any manner which diminishes compliance with lot width, yard and area requirements established by this chapter, nor shall any division of any lot be made which creates a lot width, yard or area less than the requirements stated in this chapter. These same provisions shall apply to platted and unplatted lots or parcels.

(b)

Except that, when two or more abutting or contiguous lots (one or more of which is/are nonconforming in width or area) are of record and in single ownership as of the effective date of the ordinance from which this chapter is derived and each is occupied by a principal structure (as of the effective date of the ordinance from which this chapter is derived) the two or more abutting lots shall be deemed as nonconforming lots of record under this chapter.

(Ord. No. 54A, § 14.10, 11-11-1987)

If two or more lots or combination of lots and portions of lots with continuous frontage in single ownership are recorded at the time of passage or amendment of the ordinance from which this chapter is derived, or are created subsequently, and if the sale, lease, disposal or development of one or more of such lots would or has, in the judgement of the building official (or on appeal, in the judgement of the zoning board of appeals) create or has created a situation unsuitable to the public health, welfare or safety or would be contrary to the intent of the district, no building permit shall be issued until such situation has been corrected in the judgement of the building official. The intent of this section is to avoid the creation of a situation where the location of existing driveways, walls, accessory buildings, principal buildings, off-street parking and similar features would not meet minimum yard requirements or would be located in part or entirely on a lot which would be in a different ownership. The further intent of this section is to resolve existing and potential nonconformities or conflicts prior to the sale, lease or disposal of contiguous lots in the same ownership to separate owners.

(Ord. No. 54A, § 14.11, 11-11-1987)

(a)

The purpose of site plan review is to provide for consultation and cooperation between the land developer and the city in order to accomplish the developer's land utilization objectives in harmony with the existing and prospective use and development of adjacent properties. It shall be the further purpose of this section to ensure that each proposed use and its components, appearance and function is in compliance with this chapter, other city ordinances and state and federal statutes. Further purposes of site plan approval shall include: privacy, efficiency for the public and local government servicing, preservation of the natural landscape, emergency access, effective drainage, vehicular and pedestrian safety and conveniences, control of temporary flooding, preventing stagnant water and ponding in intensively used areas; prevention of air, water and noise pollution; limitation of obnoxious odors, reduction of glare; exposure of toxic particles, substances and wastes.

(b)

The approvals, required information, procedures and standards set forth in this division shall be adhered to accomplish the purposes set forth in subsection (a) of this section.

(Ord. No. 54A, § 16.28(a), 11-11-1987; Ord. No. 318, § 1, 12-11-2013)

In each zoning district, except for detached one-family residential uses, no building, including accessory buildings, shall be erected, moved, relocated, converted or structurally altered, and no change or addition of use, expansion or decreasing of off-street parking, or filling, excavation, or grading shall be undertaken until a site plan for such use has been approved. A structural alteration shall be defined as one that changes the location of the exterior walls and/or the area of the building. Filling, grading or excavation which causes more than 15 cubic yards of earth material to be disturbed shall require a site plan approval. No billboard shall be constructed without site plan approval. No condominium, including single-family detached, shall be established or constructed without site plan approval. The establishment of any special land use shall require site plan approval. The improvement, expansion, extension, or abandonment of any public or private overhead or underground utility or utility-related lines or easements (including oil and gas production facilities) shall require site plan approval.

All site plans shall be reviewed for approval by the planning commission, except that the following may be reviewed administratively by the city manager without formal review by the planning commission:

(1)

When the plan only proposes improvements to or expansion of an existing off-street parking area;

(2)

When the plan only proposes modifications to a previously approved off-street parking lot layout, provided the proposed modifications do not reduce the number of approved parking spaces to less than the minimum number of spaces required by the division;

(3)

When the plan only proposes a change of use within an existing freestanding building or an interior modification of an existing use where such change results in an attendant increase in off-street parking need;

(4)

When the plan only proposes the improvement, expansion, extension or abandonment of any utility line or easement;

(5)

When the plan only proposes revisions to a previously approved landscape planting layout, provided that the revision does not compromise any applicable minimum standards of this division; or

(6)

When the plan only proposes changes in the location of previously approved buildings, provided the proposed relocation does not displace approved off-street parking areas and has no significant impact on the site or adjacent properties.

(7)

When the site is already the subject of an existing and previously approved site plan and the revised plan only proposes the construction of an accessory building for any customary accessory use, provided that the accessory building or structure does not exceed 1,000 square feet in total (gross) floor area.

(8)

When the site is already the subject of an existing and previously approved site plan and the revised plan only proposes one of the following:

a.

An addition totaling 1,000 square feet or less to an existing building or structure; or

b.

A reduction in the proposed building size.

(9)

When an existing restaurant use proposes an outdoor seating area, where such change does not result in a deficiency in off-street parking demand.

(Ord. No. 54A, § 16.28(b), 11-11-1987; Ord. No. 318, § 1, 12-11-2013)

(a)

Application for site plan review shall be made to the city by filing of not less than 12 copies of the detailed site plan with the office of the city manager at least 15 days in advance of the regularly scheduled planning commission meeting at which the plan is to be first considered. Fees are required to be paid within the fee schedule in effect as established by the council at time application is made.

(b)

The city manager shall examine the site plan to determine that it contains all the necessary information. If it is incomplete, it shall be returned to the applicant owner. If generally complete and if it appears to comply with this chapter, it shall be processed in accordance with this chapter.

(Ord. No. 54A, § 16.28(c), 11-11-1987; Ord. No. 318, § 1, 12-11-2013)

The following required information shall be included on all site plans:

(1)

Name of development and general location sketch.

(2)

Name, address and phone number of owner, developer and designer. Date drawn and revision dates shall be indicated on the site plan.

(3)

The seal of one of the following professionals registered in the state: registered architect, registered civil engineer, registered landscape architect or registered professional community planner. The architectural plans of the buildings shall be prepared by and bear the seal of a registered architect. A site plan for an alteration or addition to existing structures may be prepared by the builder or contractor.

(4)

A legal description and address of the property in question.

(5)

Boundary dimensions (to the nearest foot) of the property clearly indicated on the site plan, differentiated from other contiguous property.

(6)

Existing zoning classification of the parcel.

(7)

Adjacent land uses and zoning, and if the parcel is a part of a larger parcel boundaries of total land holding.

(8)

To facilitate determination of off-street parking needs and similar matters, the applicant shall indicate the name and nature of the establishments proposed to occupy the buildings if this has been determined, or shall indicate cases where exact occupancy has not yet been determined.

(9)

All plans shall include a north arrow and scale. The scale of the site plan shall be not less than one inch equals 20 feet if the subject property is less than three acres and one inch equals 100 feet if three acres or more.

(10)

The area of the site in square feet and acres, excluding all existing and proposed public right-of-way.

(11)

The dimensions of all lots and property lines, showing the relationship of the subject property to abutting properties and all required minimum setbacks from the existing or proposed right-of-way and from adjacent properties.

(12)

The location and dimension of all existing and proposed structures on the subject property and all existing structures within 100 feet of the subject property.

(13)

The location and right-of-way widths of all abutting streets and alleys, and driveway locations across abutting public streets.

(14)

Traffic and pedestrian circulation patterns, both within the site and on the public streets adjacent to the site and the proposed location and dimensions of any required pedestrian sidewalks.

(15)

Parking lots including layout and typical dimensions of parking spaces, number of spaces provided, including how computed, per ordinance requirements, and type of surfacing. If carports, so designate.

(16)

Existing ground elevations on the site of an appropriate grid or contours, including existing ground elevations of adjacent land within 100 feet of the subject property and existing building, drive and/or parking lot elevations or any adjacent unusual surface conditions.

(17)

Existing natural grade of buildings and proposed finish grade of buildings, driveways, walkways and parking lots.

(18)

With residential proposals, a site summary indicating the number and/or of one-bedroom units, two-bedroom units, etc., typical floor plans with the square feet of floor area; density computation, recreation facilities, open spaces, street names and lot coverage.

(19)

With nonresidential proposals, the number of offices, number of employees, the number of floors and typical floor plans and cross sections.

(20)

Proposed sanitary sewer facilities and location of all existing utilities, easements, vacations and the general placement of lines, manholes, tap-ins, pump stations and lift stations.

(21)

Proposed storm sewer facilities (sewers and appurtenances), including outlets (enclosed or open ditches) and proposed methods of stormwater retention on site, if any.

(22)

Sufficient off-site drainage basin data and estimated runoff to permit review of feasibility and permanency of drainage detention and/or retention.

(23)

Proposed water service, including any proposed tap-ins, main extensions or extensions for adequate fire hydrant spacing and/or considerations for extensions to loop other public water mains.

(24)

Locations of existing and proposed fire hydrants with reasonable access thereto for firefighting, police and other emergency equipment.

(25)

Location and dimensions of rubbish storage areas and screening construction.

(26)

Elevations of proposed buildings which show natural and finished grade, proposed type of building materials, roof design, projections, canopies and overhangs, screen walls and accessory buildings, and any other outdoor or roof-located mechanical equipment, such as air conditioning, heating units and transformers that will be visible from the exterior.

(27)

Easements for public right-of-way, utilities, access, shared access and drainage.

(28)

Notation of any variances which have been or must be secured.

(29)

Performance guarantees to be provided and amounts and type and terms.

(30)

Soil erosions and sedimentation control measures.

(31)

Detailed landscaping plan indicating location, types and sizes of material. A landscaping maintenance plan and schedule for pruning, mowing, watering, fertilizing and replacement of dead and diseased materials. Cross section of any berms shall be provided.

(32)

Location of all existing trees over three inches in diameter.

(33)

The dimensions and locations of all signs, freestanding signs and lighting structures and shielding.

(34)

Types of soils; location of floodplain and wetland, if any.

(35)

All proposed screen and freestanding architectural walls, including typical cross-sections and the height aboveground on both sides.

(36)

The location of any outdoor storage of materials and the manner in which they shall be screened or covered.

(37)

Information and special data which may be critical to the adequate review of the proposed use and its impacts on the site or city. Such data requirements may include traffic studies, market analysis, environmental assessments (including inventory and impact data on flora, fauna, natural resources, hazardous materials, erosion control and pollution), demands on public facilities and services and estimates of potential costs to the city due to failures as a basis for performance guarantees.

(38)

Information and statement of how the applicant proposes to comply with state, local and federal laws, as applicable to site or use.

(39)

Other data which the city may reasonably deem necessary for adequate review.

(Ord. No. 54A, § 16.28(d), 11-11-1987; Ord. No. 222, § 3, 7-14-1993; Ord. No. 318, § 1, 12-11-2013)

The following criteria shall be used as a basis upon which site plans will be reviewed and approved. The city shall adhere to sound planning principles, yet may allow for design flexibility in the administration of the following standards:

(1)

All elements of the site shall be harmoniously and efficiently designed in relation to the topography, size and type of land, and the character of the adjacent properties and the proposed use. The site will be developed so as not to impede the normal and orderly development or improvement of surrounding properties for uses permitted on such property.

(2)

The site plan shall comply with the district requirements for minimum floor space, height of building, lot size, open space, density and all other requirements as set forth in the schedule of regulations, unless otherwise provided in this chapter.

(3)

The existing natural landscape shall be preserved in its natural state as much as possible, by minimizing tree and soil removal and by topographic modifications that result in maximum harmony with adjacent properties.

(4)

There shall be reasonable visual and sound privacy. Fences, walls, barriers and landscaping shall be used, as appropriate, for the protection and enhancement of property and the safety and privacy of occupants and users.

(5)

All buildings or groups of buildings shall be so arranged as to permit convenient and direct emergency vehicle access.

(6)

Where possible and practical, drainage design shall recognize existing natural drainage patterns.

(7)

There shall be a pedestrian circulation system that is insulated as completely as possible from the vehicular circulation system. In order to ensure public safety, pedestrian underpasses or overpasses may be required in the vicinity of schools, playgrounds, local shopping facilities and other uses that generate considerable amounts of pedestrian movement.

(8)

The arrangement of public or common ways for vehicular and pedestrian circulation shall respect the pattern of existing or planned streets or pedestrian or bicycle pathways in the vicinity of the site. Streets and drives that are a part of an existing or planned street system serving adjacent developments shall be of an appropriate width to the volume of traffic they are planned to carry and shall have a dedicated right-of-way equal to that specified in a city recognized source of reference. The applicant may be required to dedicate adequate land and improvements to the city in order to achieve access which is safe and convenient.

(9)

Appropriate measures shall be taken to ensure that the removal of surface waters will not adversely affect adjoining properties or the capacity of the public or natural storm drainage system. Provisions shall be made for a feasible storm drainage system, the construction of stormwater facilities and the prevention of erosion and dust. Surface water on all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicles or pedestrian traffic and will not create nuisance ponding in paved areas. Final grades may be required to conform to existing and future grades of adjacent properties.

(10)

Off-street parking, loading and unloading areas and outside refuse storage areas, or other storage areas that face or are visible from adjacent homes, or from public thoroughfares, shall be screened by walls or landscaping of effective height. Dumpsters shall have gates.

(11)

Exterior lighting shall be so arranged and limited in intensity and height so that it is deflected away from adjoining properties and so that it does not impede vision of drivers along adjacent streets.

(12)

Adequate services and utilities, including sanitary sewers, and improvements shall be available or provided, located and constructed with sufficient capacity and durability to properly serve the development.

(13)

Any use permitted in any zoning district must also comply with all applicable federal, state, county and city health and pollution laws and regulations with respect to noise, smoke and particulate matter, vibration, noxious and odorous matter, glare and heat, fire and explosive hazards, gases, electromagnetic radiation and drifting and airborne matter, toxic and hazardous materials, erosion control, floodplains and requirements of the state fire marshal.

(14)

An objective of site plan review shall be to protect and to promote public health, safety and general welfare by requiring the screening, buffering and landscaping of sites and parking lots which will serve to reduce wind and air turbulence, heat and noise, and the glare of automobile lights; to preserve underground water reservoirs and return precipitation to the groundwater strata; to act as a natural drainage system and solve stormwater drainage problems; to reduce the level of carbon dioxide and return oxygen to the atmosphere; to prevent soil erosion; to provide shade; to conserve and stabilize property values; to relieve the stark character of parking lots; to conserve energy, provide visual and sound privacy and to otherwise facilitate the preservation and creation of a healthful convenient, attractive and harmonious community.

(15)

It is an objective of site plan review to improve the quality of existing developments as they are expanded, contracted, redeveloped or changed in keeping with sound site development standards of the city.

(16)

A major objective shall be to retain, enhance and protect the quality, value and privacy of single-family land uses.

(17)

All development phases shall be designed in logical sequence to ensure that each phase will independently function in a safe, convenient and efficient manner without being dependent upon improvements of a subsequent development potential of lands.

(18)

All sites shall be designed to comply with state and local barrier-free requirements and to reasonably accommodate the handicapped and elderly.

(19)

All site features, including circulation, parking, building orientation, landscaping, lighting, utilities, common facilities and open space shall be coordinated with adjacent properties.

(20)

All sites shall be designed to comply with the Stormwater Engineering Design Standards as set forth in Section I of the Oakland County Stormwater Engineering Design Standards Manual, as amended, as set forth in Appendix A to this Code. References to "Non-County Stormwater Systems" in Part H of the Oakland County Stormwater Engineering Design Standards shall mean and refer to "Privately-Owned Stormwater Systems within the City." All references throughout the Stormwater Engineering Design Standards to "OCWRC" or "county" shall mean and refer to "the City of Sylvan Lake." The city may not consider variances from the channel protection performance standards. Instead, they must comply with the alternative standard provided by the Michigan Department of Environment, Great Lakes, and Energy Stormwater Permit dated November 1, 2022, as set forth in Part I, Section A.3.f.1.b).

(Ord. No. 54A, § 16.28(e), 11-11-1987; Ord. No. 318, § 1, 12-11-2013; Ord. No. 359, Pt. I, 1-11-2023)

The city manager shall secure comments from the city building, police and fire departments, and, as applicable, the city engineer and planner, and, where the planning commission is the approving body, shall forward all site plans along with written comments to the planning commission for its review. The planning commission or the city manager, if the review is administrative, shall review the plans and may solicit further comments from the building department, engineer, planning consultant and other agencies, groups or persons.

(Ord. No. 54A, § 16.28(f), 11-11-1987; Ord. No. 318, § 1, 12-11-2013)

(a)

The city planning commission, and the city manager if the approval is administrative, are hereby authorized to review and approve, to approve with conditions or review and deny approval, all site plans submitted under this chapter. Guidelines for consideration of each case shall follow this chapter and other applicable ordinances. Each action taken with reference to site plan review and approval shall be duly recorded in minutes of the planning commission. When the commission or city manager approves a site plan with conditions from the applicant, the building official shall require a revised site plan with a revision date, indicating such conditions on the site plan.

(b)

When a site plan approval is required, no building permit shall be issued until four copies of a final site plan, which includes all conditions of approval, a revision date and notation of all variances has been signed by the planning commission or city manager, the building official, or their designees. Prior to issuance of a permit, one copy of the final signed plan shall be filed with each of the following: clerk, building official and the applicant.

(Ord. No. 54A, § 16.28(g), 11-11-1987; Ord. No. 318, § 1, 12-11-2013)

When an applicant receives site plan approval as provided in section 78-146, the applicant shall develop the site in complete conformity with the approved site plan. Complete construction plans, including component phases, shall be submitted for review by the building official with a landscape plan prepared by a registered landscape architect for all landscape areas. Upon review and finding by the building official that the construction plans meet with the requirements of site plan approval and other applicable ordinances of the city, the building official shall issue a building permit for such construction. Site plan approval pursuant to this division shall be valid for one year from the date of approval. If the construction does not commence within three months after the issuance of a building permit, the site plan approval expires and is of no force or effect, unless extended by the planning commission.

(Ord. No. 54A, § 16.28(h), 11-11-1987; Ord. No. 318, § 1, 12-11-2013)

A certificate of occupancy shall be withheld by the building official in any case where the site plan and major conditions as approved by the city have not been complied with. Any minor variations may be approved by the building official and shall be reported within 30 days to the planning commission or the city manager, if the review is administrative, after the issuance of certificate of occupancy.

(Ord. No. 54A, § 16.28(i), 11-11-1987; Ord. No. 318, § 1, 12-11-2013)

The types of uses requiring special approval shall be deemed to be permitted uses in their respective districts, subject, as to each specific use, to satisfaction of the procedures, requirements and standards set forth in this section. Each specific use for which a permit is sought shall be considered as an individual case and shall conform to the detailed application of the procedures and standards set forth in this division in a manner appropriate to the particular circumstances of such use. Each use as listed in any district requiring special approval for a permit shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is suggested and will not be detrimental to the orderly development of adjacent districts and uses.

(Ord. No. 54A, § 16.29(a), 11-11-1987)

Upon the request for special approval use authorization, a public hearing with notification as required for a notice of a request for special approval use as provided in section 78-173 shall be held before a decision is made on a special approval use request. No decision on a special approval use request shall be made unless notification of a public hearing is given as required.

(Ord. No. 54A, § 16.29(b), 11-11-1987)

Upon receipt of an application for a permitted principal use subject to special approval, one notice of a public hearing shall be given according to section 78-42 of this chapter.

(Ord. No. 54A, § 16.29(c), 11-11-1987; Ord. No. 277, § 4, 8-2-2006)

Special approval shall not be granted until a public hearing has been held by the planning commission, in accordance with procedures described in section 78-173. The planning commission shall make a written recommendation to the city council to deny, approve or approve with conditions, requests for special approval use. The recommendation on a special approval use shall be incorporated in a statement of conclusions relative to the special approval use under consideration. The decision shall specify the basis for the decision, and any conditions.

(Ord. No. 54A, § 16.29(d), 11-11-1987)

(a)

The city council shall deny, approve or approve with conditions requests for special approval use. The decision on a special approval use shall be incorporated in a statement of findings and conclusions relative to the special approval use under consideration. The decision shall specify the basis for the decision, and any conditions imposed.

(b)

Any denial or approval of a request for special approval by the city council for a sexual oriented business as defined in article I, section 78-1, definitions and article VI, subsection 78-629(2)q of this chapter, shall not be subject to the standards for granting special approval in section 78-178 and any conditions of special approval for such uses shall be limited to those conditions necessary to assure compliance with the standards and requirements in article VI, subsection 78-629(i) of this chapter.

(Ord. No. 54A, § 16.29(e), 11-11-1987; Ord. No. 266, § 2, 3-10-2004)

For all special approval uses, a site plan shall be required and submitted in accordance with article II, division 5 of this chapter. Approval of the use, as specifically described in the application and the approval under section 78-175, shall run with the land and shall not be issued for specified periods, unless the use is temporary or time-related in nature; provided, however, that a change in use, including any change in the use described in the application and approval for establishments dispensing, serving, or selling alcoholic beverages for consumption on the premises under section 78-180, shall require an additional application and separate approval in accordance with the procedures in this division and the original special approval shall become null and void.

(Ord. No. 54A, § 16.29(f), 11-11-1987; Ord. No. 318, § 2, 12-11-2013; Ord. No. 319, § 2, 3-12-2014)

Performance guarantees may be required by the city council to ensure compliance with special approval conditions, in accordance with this chapter.

(Ord. No. 54A, § 16.29(g), 11-11-1987)

In addition to specific site plan standards which the city shall apply to the use, the following standards shall serve the city council as the basis for decisions involving special approval uses and other discretionary decisions contained in this chapter. Each proposed use or activity shall:

(1)

In location, size and intensity of the principal and/or accessory operations, be compatible with adjacent uses and zoning of land.

(2)

Be consistent with and promote the intent and purpose of this chapter.

(3)

Be compatible with the natural environment and conserve natural resources and energy.

(4)

Be consistent with existing and future capabilities of municipal services and facilities affected by the proposed use.

(5)

Protect the public health, safety and welfare as well as the social and economic wellbeing of those who will use the land use or activity, residents, businesses and landowners immediately adjacent and the city as a whole.

(6)

Promote the use of land in a socially and economically desirable manner.

(7)

Not be in conflict with convenient, safe and normal neighborhood vehicular and pedestrian traffic routes, flows, intersections and general character and intensity of neighborhood development.

(8)

Be of such a design and impact that the use, its location and height of buildings, the location, nature and height of walls, fences and the nature and extent of landscaping on the site shall not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.

(9)

In the nature, location, size and site layout and function of the use, be a harmonious part of the district in which it is situated, taking into account, among other things, prevailing shopping habits, convenience of access by prospective patrons, the physical and economic relationship of one type of use to another and characteristic groupings of uses of such district.

(10)

In the location, size, intensity of the use and site layout be such that operations will not be objectionable to nearby dwellings or uses, by reason of odor, noise, fumes, glare, flash of lights, radiation or potential air, water or soil pollution.

(Ord. No. 54A, § 16.29(h), 11-11-1987)

All conditions imposed on a special approval use or activity shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the city council and the applicant. The city shall maintain a record of changes granted in conditions.

(Ord. No. 54A, § 16.29(i), 11-11-1987)

In addition to the approval standards set forth in section 78-178, an applicant shall establish that:

(1)

The proposed establishment will promote the city's economic health, and contribute to the city's master plan and zoning ordinance policies.

(2)

Given the character, location, development trends and other aspects of the area in which the proposed use or change in use is requested, it is demonstrated that the area is underserved by such a use and that the addition of the use or proposed change in use will be an asset to the area.

(3)

The use or change in use as constructed and operated by the applicant is compatible with the area in which it will be located, and will not have any appreciable negative secondary effects on the area, such as:

a.

Vehicular and pedestrian traffic, particularly during late night or early morning hours that might disturb area residents.

b.

Noise, odors, or lights that emanate beyond the site's boundaries onto property in the area on which there are residential dwellings.

c.

Excessive numbers of persons gathering outside the establishment.

d.

Peak hours of use that add to congestion or other negative effects in the neighborhood.

e.

Fighting, brawling, outside urination or other behavior that can accompany intoxication.

(4)

No alcoholic beverages may be sold between the hours of midnight (12:00 a.m.) and 8:00 a.m. the next day. Such hours of operation shall apply to all establishments that have received special land use approval as of the date of adoption of this provision, regardless of the terms and conditions of the establishment's special land use approval or the contents of its plan of operation. Notwithstanding the foregoing, the city may, at the time of approval of a special land use, limit the hours of operation of an establishment as a condition of approval.

(5)

No more than a third of the customer floor area on any floor level may consist of bar facilities, including alcoholic drink preparation, storage, and serving areas; bar stools; or other seating/standing areas primarily intended for consuming drinks. Food receipts shall exceed 70 percent of sales when compared to alcohol. As a condition of special land use approval, each applicant shall submit an annual report with sufficient information, as determined by the city, to establish that the requirements of this subsection are met. Such report shall be filed with the city clerk no later than February 1 of each year, for the period covering the previous calendar year.

(Ord. No. 315, § 6, 9-11-2013; Ord. No. 356, § 1, 6-9-2021)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Improvements means those features and actions associated with a project which are considered necessary 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, landscaping, parking, paving of parking and circulation areas, screening, drainage and other site improvements. The term "improvements" shall not include the entire project which is the subject of the approval.

(Ord. No. 54A, § 16.30(b), 11-11-1987)

Cross reference— Definitions generally, § 1-2.

To ensure compliance with this chapter and any conditions imposed under this chapter, including conditions of the site plan approval, special approval, cluster development, planned development and street access approval, the city council, planning commission or zoning board of appeals may require that financial security acceptable to the city be deposited with the city clerk to ensure faithful completion of improvements as defined in section 78-203. The amount of the cash deposit, certified check or irrevocable bank letter of credit shall cover the estimated cost of improvements associated with a project and other reasonable incidental costs associated therewith, for which approval is sought.

(Ord. No. 54A, § 16.30(a), 11-11-1987)

The performance guarantee, along with a detailed description and schedule of improvements to be completed, shall be deposited with the clerk prior to the issuance of a certificate of occupancy authorizing use of the activity or project.

(Ord. No. 54A, § 16.30(c), 11-11-1987)

The applicant shall be required to provide the performance guarantee or financial security in one or a combination of the following arrangements, whichever the applicant elects:

(1)

Irrevocable letter of credit. An irrevocable letter of credit issued by a bank authorized to do business in the state in an amount to cover the cost of the contemplated improvements as estimated by the city.

(2)

Escrow fund. A cash deposit, or deposit by certified check drawn on a bank authorized to do business in the state, sufficient to cover the cost of the contemplated improvements as estimated by the city shall be deposited with the clerk. The escrow deposit shall be for the estimated time period necessary to complete the required improvements.

(Ord. No. 54A, § 16.30(d), 11-11-1987)

In the case of cash deposits, the clerk shall rebate or release to the applicant, as the work progresses, amounts equal to the ratio of the completed and accepted work to the entire project, after the approvals described in section 78-206.

(Ord. No. 54A, § 16.30(e), 11-11-1987)

(a)

Certification by the building department. The applicant shall furnish the clerk a letter or document signed by the building official indicating satisfactory completion of the required improvements in accordance with the description of improvements in section 78-201.

(b)

Inspection of public improvements by the city engineer or building department. After the completion of the construction of the required public improvements, the engineer or building official, or the county, state or federal agency with jurisdiction to grant approval or accept, shall conduct a final inspection and certify compliance with the required improvements. This inspection shall be made to assure the improvements are completed according to the approved plans and specifications.

(c)

Partial street. In no case shall acceptance of any partial street be made for maintenance.

(Ord. No. 54A, § 16.30(f), 11-11-1987)

In case the applicant shall fail to complete the required improvements work within such time period as required by the conditions or guarantees as outlined in this division, the city council may proceed to have such work completed and reimburse itself for the cost thereof by appropriating the cash deposit or certified check, or by drawing upon the letter of credit.

(Ord. No. 54A, § 16.30(g), 11-11-1987)

The city may require, prior to the acceptance by the city of public improvements, a maintenance bond acceptable to the city for a period of up to three years in an amount not to exceed 35 percent of the total cost of the public improvements.

(Ord. No. 54A, § 16.30(h), 11-11-1987)

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 the land division act (MCL 560.101 et seq.).

(Ord. No. 54A, § 16.30(i), 11-11-1987)