Vicksburg City Zoning Code

The Planning Commission by resolution shall determine the time and place of meetings. A special meeting may be called by either two members upon written request to the secretary, or by the chairperson. The Planning Commission shall adopt by-laws for the transaction of business, and shall keep a public record of its resolutions, transactions, findings, and determinations.

Report on Operation of the Zoning Ordinance. In accordance with Section 308(2) of Michigan Public Act 110 of 2006, as amended, the Planning Commission shall periodically prepare for the Village Council a report on the operations of the Zoning Ordinance, including recommendations as to the enactment of amendments or supplements to the Ordinance.

The first member shall be a member of the Planning Commission, as appointed by the Village Council.

The remaining members (including any alternate members) shall be electors of the Village residing outside of incorporated cities and shall be representative of the population distribution and of the various interests present in the Village.

No Village Council member may serve as chairman of the Board of Appeals.

The qualifications of members, the term of each member, filling of vacancies, compensation of members, and operation of the ZBA shall be in accordance with Michigan Public Act 110 of 2006, as amended. The ZBA shall not conduct business unless a majority of the members of the Board are present.

Provide citizens and public officials with information relative to this chapter and related matters.

Assist applicants in determining and completing appropriate forms and procedures related to site plan review, rezoning, and other zoning matters.

Review and investigate permit applications to determine compliance with the provisions of the Zoning Ordinance.

Issue appropriate permits upon compliance with provisions of this chapter and other applicable ordinances.

Perform inspections of buildings, structures, and premises to insure proposed land use changes or improvements are in compliance with this chapter.

Investigate alleged violations of this chapter and enforce appropriate corrective measures when required, including issuance of violation notices, citations, issuance of orders to stop work, and revoking of permits.

Perform other related duties required to administer this chapter.

Maintain records as accurately as is feasible of all nonconforming uses, structures, and lots existing on the effective date of this chapter, and update this record as conditions affecting the nonconforming status of such uses changes.

To ensure compliance with the provisions of this chapter and any conditions imposed thereunder, the Planning Commission, Zoning Board of Appeals, or Village Council may require that a performance guarantee be deposited with the Village to insure faithful completion of improvements, in accordance with Section 505 of the Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended.

Improvements for which the Village may require a performance guarantee include, but are not limited to, landscaping, berms, walls, lighting, driveways and parking, acceleration/deceleration lanes, traffic control devices, sidewalks, completion of construction in a timely fashion, wetlands disturbance, and land reclamation activities.

The performance guarantee shall be in the form of an insurance bond, an irrevocable bank letter of credit, or cash escrow. Any such performance guarantee shall not have an expiration date and shall include a provision that calls for notification of the Village if the bond is canceled. If the applicant posts a letter of credit, the credit shall require only that the Village present the credit with a sight draft and an affidavit signed by the Village President and/or the Village Manager, attesting to the Village's right to draw funds under the credit. The escrow funds shall be delivered directly to the Village for deposit.

The performance guarantee shall be submitted at the time of issuance of the permit authorizing the activity or project. If appropriate, based on the type of performance guarantee submitted, the Village shall deposit the funds in an interest-bearing account in a financial institution with which the Village regularly conducts business.

The amount of the performance guarantee shall be 125% of the estimated cost of the improvements for which the performance guarantee is required. The applicant shall provide an itemized schedule of estimated costs to complete all such improvements. The exact amount of the performance guarantee shall be determined by the Zoning Administrator and/or the Village Manager.

The entire performance guarantee shall be returned to the applicant following inspection by the Zoning Administrator and a determination that the required improvements have been completed satisfactorily. The performance guarantee may be released to the applicant in proportion to the work completed on various elements, provided that a minimum of 10% shall be held back on each element until satisfactory completion of the entire project.

An amount not less than 10% of the total performance guarantee may be retained for a period of at least one year after installation of landscape materials to insure proper maintenance and replacement, if necessary. This amount shall be released to the applicant upon certification by the Zoning Administrator, Village Manager or such designee, that all landscape materials as defined in this chapter are being maintained in good health and condition.