The City of Taylor Planning Commission is created consisting of nine members all of whom shall be appointed by the mayor, subject to approval by a majority vote of the members of city council elected and serving. The members may include the mayor, one of the administrative officials of the city selected by the mayor, and one member of the city council, or any combination thereof, as ex-officio members and the remaining persons appointed shall represent different professions or occupations pursuant to Public Act 33 of 2008 (MCL 125.3801 et seq.) as amended. The planning commission is vested with the powers and duties set forth in the Act together with the following responsibilities:

(a)

Zoning ordinance amendments. Formulation of the zoning ordinance, review of amendments to the zoning ordinance, holding hearings on a proposed zoning ordinance or amendments, and reporting its findings and recommendations concerning the zoning ordinance or amendments to the city council.

(b)

Site plan review. Review of all applications for site plan approval for the uses designated under article 19, site plan review, and to make a determination to grant approval, approval subject to revisions or denial of approval.

(c)

Special land use. Holding hearings and review of all applications for special land use approval in accordance with article 21, special land use review, and to make a determination to grant approval, approval subject to revisions, or denial of approval.

(d)

PUDs. Holding hearings and review of all applications for PUDs in accordance with article 22, planned unit developments, and forwarding recommendation to the city council for approval, approval subject to revisions or denial.

(e)

Condominiums and subdivisions review. Review of all applications for condominiums and subdivisions, and to make a recommendation to city council to grant approval, approval subject to revisions, or denial of approval.

(f)

Master plan. Development and adoption of a master plan or comprehensive plan as a guide for the development of the city, in accordance with Public Act No. 33 of 2008 (MCL 125.3801 et seq.).

(g)

Review of matters referred by the city council. Review of plats or other matters relating to land development referred to it by the city council. The planning commission shall recommend appropriate regulations and action on such matters.

(h)

Other studies. The planning commission shall have the authority to require applicants under this ordinance prepare other studies and materials to confirm compliance with the standards of this section including, but not limited to, traffic impact studies, market studies, environmental assessments or utility capacity analysis.

(Ord. No. 09-434, § 25.01, 1-20-2009; Ord. No. 11-466, § 1, 10-4-2011)

The provisions of this ordinance shall be administered and enforced by the development services department or by such deputies of the department as the development services department may delegate to enforce the provisions of this ordinance.

(Ord. No. 09-434, § 25.02, 1-20-2009)

(a)

The development services department shall have the power to grant zoning compliance and occupancy permits and to make inspections of buildings or premises necessary to carry out the duties in the enforcement of this ordinance. It is unlawful for the development services department to approve any plans or issue any permits or certificates of occupancy for any excavation or construction until the plans have been inspected in detail and have been found to conform to this ordinance.

(b)

The development services department shall not be permitted to make changes to this ordinance or to vary the terms of this ordinance in carrying out the duties as development services department.

(c)

The development services department shall perform all of the duties and responsibilities as described in this ordinance, such as, but not limited to, reviewing and processing of site plans, special land uses, planned unit developments, rezonings, and text amendments.

(Ord. No. 09-434, § 25.03, 1-20-2009)

The development services department shall require that all applications for permits for uses not covered in section 19.02, uses requiring review, shall be accompanied by plans and specifications including plot plan/survey information as required in this section.

Name, address and telephone number of owners, developer and designer. Date drawn, revision dates and brief description of revisions shall be indicated on the site plan.

(a)

North arrow and scale (one inch equals 100 feet maximum). Scale (engineering scale) must be legible.

(b)

Boundary dimensions to the nearest foot and acreage to the nearest one-tenth acre, including a legal description and Sidwell number.

(c)

Unique topographic features on or within 100 feet of the site, including but not limited to, trees more than ten inches in caliper or five inches in caliper for ornamental trees, wetlands, floodplains, streams, steep slopes, or drains.

(d)

All access points to public rights-of-way.

(e)

If the parcel is a part of a larger parcel, indicate boundaries of total land holding.

(f)

Existing zoning classification.

(g)

Existing and intended use of the lot and of all such structures upon it, including in residential areas, the number of dwelling units the building is intended to accommodate.

(h)

Proposed site plan elements including:

(1)

Buildings.

(2)

Roadway/widths and names.

(3)

Proposed and required setbacks.

(4)

Existing buildings and driveway entrances adjacent to the property.

(5)

Existing and proposed parking.

(6)

Location of existing and proposed sidewalks.

(7)

Seal and signature of the professional engineer, land surveyor responsible for the site plan.

(8)

Grade elevations, including those of adjacent structures.

(9)

Location of existing utilities/easements.

(i)

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

(Ord. No. 09-434, § 25.04, 1-20-2009)

The following shall apply in the issuance of any permit:

(a)

Permits not to be issued. No building permit shall be issued for the erection, alteration, or use of any building or structure, or part thereof, or for the use of any land which is not in accordance with all provisions of this ordinance.

(b)

Permits for new use of land. No land heretofore vacant shall hereafter be used, or an existing use of land be hereafter changed to a use of a different class or type unless a certificate of occupancy is first obtained for the new or different use.

(c)

Permits for new use of buildings. No building or structure, or part thereof, shall be changed to or occupied by a use of a different class or type unless a certificate of occupancy is first obtained for the new or different use.

(d)

Permits required. No building or structure, or part thereof, shall be hereafter erected, altered, moved, or repaired unless a building permit shall have been first issued for such work. The terms "altered" and "repaired" shall include any changes in structural parts, stairways, type of construction, type, class or kind of occupancy, light or ventilation, means of egress and ingress, or other changes affecting or regulated by the state construction code, housing law, or this ordinance, except for minor repairs or changes not involving any of the aforesaid features.

(e)

Expiration of building permit.

(1)

If the work described in any building permit has not begun within 18 months from the date of issuance thereof, said permit shall expire.

(2)

If the work described in any building permit has been abandoned for six months or more, the permit shall expire and be cancelled by the development services department, and written notice given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new building permit has been obtained.

(f)

Final inspection. The holder of every building permit for the construction, erection, alteration, repair, or moving of any building, structure, or part thereof, shall notify the development services department immediately upon the completion of the work authorized by such permit for a final inspection.

(Ord. No. 09-434, § 25.05, 1-20-2009)

Land, buildings, or part thereof, shall not be occupied by, or for any use, unless and until a certificate of occupancy shall have been issued for such use. The following shall apply in the issuance of any certificate:

(a)

Certificate issued. Certificates of occupancy shall only be issued for a building or structure, or for the use of any land, where in accordance with all the provisions of this ordinance.

(b)

Certificates required. No building or structure, or part thereof, which is hereafter erected or altered, shall be occupied or used or the same caused to be done, unless and until a certificate of occupancy has been issued for such building or structure. Any change of ownership shall require a certificate of occupancy.

(c)

Certificates including zoning. Certificates of occupancy, as required by the state construction code and applicable city ordinances, for new buildings or structures, or parts thereof, or for alterations to or changes of use of existing buildings or structures, shall also constitute certificates of occupancy as required by this ordinance.

(d)

Certificates for existing buildings. Certificates of occupancy shall 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 of land, are in conformity with the provisions of this ordinance.

(e)

Certificates for accessory buildings to dwellings. Accessory buildings or structures to dwellings may be included in the certificate of occupancy for the principal dwelling, building or structure on the same lot when completed at the same time as the principal building.

(f)

Temporary occupancy permits. The development services department may provide a temporary occupancy permit subject to the following:

(1)

The temporary occupancy permit shall be valid for six months. The condition upon which the temporary occupancy permit was granted shall be completed and an occupancy permit provided at the end of the six months.

(2)

A temporary occupancy permit shall not be granted between April 1 and October 31 unless the development services department determines there are extenuating circumstances creating a hardship. A hardship shall not be considered valid solely for the purpose of utilizing the structure earlier than would be possible if site compliance was completed.

(3)

For nonresidential buildings, temporary occupancy permits shall not be issued unless an irrevocable letter of credit or cash deposit for the amount of the improvements not completed is provided. The development services department shall determine the amount of the letter of credit or cash deposit.

(Ord. No. 09-434, § 25.06, 1-20-2009)

(a)

With recommendation of the development services department the city council shall, by resolution, establish a schedule of fees, charges, and expenses for permits, certificates, inspections, appeals, and other matters pertaining to this ordinance.

(b)

Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal, including the issuance of any building permits or certificates of occupancy.

(c)

Publication costs for advertisement of public hearings and for mailing of notices as required under the provisions of this ordinance shall be charged to the applicant as part of the application fee. All other costs incurred by the city in administering an application under this ordinance shall be charged to the applicant in the amount of such actual cost.

(d)

Applicants under this ordinance shall be responsible for paying the cost of city consultant and attorney fees associated with review of the development proposal. At the time of application, the applicant shall deposit funds with the city, which shall be held in an escrow account to pay cost associated with the development review. Following approval of the application, any funds remaining in the escrow account shall be refunded to the applicant.

(Ord. No. 09-434, § 25.07, 1-20-2009)

To ensure compliance with this ordinance and any conditions imposed or approvals granted under this ordinance, the planning commission, city council, ZBA or development services department may require that a performance guarantee be provided in the form of a cash deposit, certified check, irrevocable bank letter of credit, for a bank located in Wayne County, acceptable to the city covering the estimated cost of improvements associated with a project. The guarantee shall comply with the following:

(a)

The performance guarantee shall be in the amount specified by the site compliance schedule as adopted by the city council.

(b)

The performance guarantee shall be deposited with the development services department at the time of the issuance of the permit authorizing the activity or project.

(c)

As a condition for the issuance of a performance guarantee, the city shall establish in writing with a copy provided to the depositor an expiration date which allows reasonable time for completion of required improvements. Failure to complete improvements within the allotted time period shall cause forfeiture of that portion of the guarantee required to complete improvements if the city must take actions necessary to complete the improvement. The date of expiration for completion of all improvements may be extended in time for good cause shown. The performance guarantee shall be returned based upon completion of improvements and upon certification by the development services department that the improvements are satisfactorily completed. There shall be an additional administrative fee payable to the city in an amount set by city council resolution to cover the city's administrative costs.

(d)

At the request of the depositor, and the approval of the development services department, the city shall rebate cash deposits in reasonable proportion to the ratio of work completed on the required improvements as work progresses. The city shall retain 25 percent of the estimated cost of landscaping for one year to ensure of the survival of the landscaping for the first growing season and any necessary replacement.

(Ord. No. 09-434, § 25.08, 1-20-2009)

State Law reference— Performance guarantee, MCL 125.3505.

In instances where a public hearing is required under this ordinance with the planning commission, the zoning board of appeals (ZBA) or the city council, written notice of the public hearing shall be as follows:

(a)

Notice content. The notice shall do all of the following:

(1)

Describe the nature of the request.

(2)

Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.

(3)

State when and where the request will be considered.

(4)

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

(b)

Notice publication and mailing. Notice shall be published and mailed no less than 15 days prior to the public hearing as follows:

(1)

Notice of the request shall be published in a newspaper of general circulation in the city.

(2)

Notice shall be sent by mail or personal delivery to the owners of property for which approval is being considered.

(3)

Notice shall also be sent 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 structure is located in the zoning jurisdiction. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four dwelling units or other distinct spatial areas 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. If the name of the occupant is not known, the term "occupant" may be used for the intended recipient of the notice.

(4)

The notice under subsection (b)(3) is considered to be given when personally delivered or when deposited during normal business hours for delivery with the United States Postal Service of other public or private delivery service.

(c)

Ordinance amendments and the rezoning of more than ten properties. Public hearings for an amendment to this ordinance, or the zoning map that affects more than ten properties shall only require notice in a newspaper, which shall not be required to indicate the property subject to the request under subsection (a)(2) above, and notice shall not be required to be mailed to individual properties under subsections (b)(2) and (3) above.

(d)

ZBA interpretations and appeals. Public hearings for ordinance interpretations and appeals of administrative decisions by the zoning board of appeals shall only require notice in a newspaper, as required in subsection (a)(2) above and if the interpretation or appeal of an administrative decision involves a specific property, notice shall also be given to the person bringing the appeal, as required in subsection (b)(2) above. Variances shall require full notification under subsections (b)(1), (2) and (3) above.

(Ord. No. 09-434, § 25.09, 1-20-2009)

(a)

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

(b)

Penalties. Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a municipal civil infraction, and upon conviction thereof, shall be subject to a fine of not more than $500.00 for each violation. Each day a violation continues to exist shall be a separate violation subject to an additional penalty of not more than $500.00 for each such separate violation; provided, however, that a separate or addition ticket for each such separate violation shall not be required. All violations shall be processed in accordance with the city's municipal civil infraction ordinance.

(c)

Separate offense. The owner of record or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent or person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense. The imposition of any penalty shall not exempt the violator from compliance with the provisions of this ordinance. A separate offense shall be deemed committed upon each day during or when a violation occurs or continues.

(d)

Remedies. The city may institute injunction, mandamus, abatement or other appropriate proceedings to prevent, enjoin, abate or remove any unlawful erection, alteration, maintenance or use. The rights and remedies herein provided are civil in nature. The rights and remedies provided in this ordinance are cumulative and are in addition to all other remedies provided by law.

(Ord. No. 09-434, § 25.10, 1-20-2009)