Vicksburg City Zoning Code
PART 2
Administration
[1]
Editor's Note: Nothing in this article shall be interpreted as a discontinuation of the Village Planning (zoning) Commission. The Planning Commission shall be and remain constituted in accordance with and shall have all of the powers and duties set forth in the Michigan Planning Enabling Act (Act 33 of 2008), as amended from time to time, those powers and duties previously set forth in the Michigan Zoning Enabling Act (Act 110 of 2006) and in this article. No matter pending before the Planning Commission as of the effective date of this article shall be affected in any way by the fact that the Planning Commission is being reconstituted by this article. All such pending matters shall be carried forward under the Planning Commission at the same status as existed prior to the effective date of this article.
§ 475-8 Authority of administrative arrangement.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The provisions of this chapter shall be administered by such person who shall be designated by the Village Council and the Village Planning Commission in accordance with the Michigan Planning Enabling Act, PA 2008, No. 33 (MCLA § 125.3801 et seq.), as amended.
§ 475-9 Enforcement of chapter.
The provisions of this chapter shall be enforced by the Planning Commission and/or such official as may be designated by resolution of the Village Council.
§ 475-10 Building permit required to erect or alter structures.
No structure or swimming pool shall be erected, altered, or excavation started until a building permit for such erection or alteration shall have been issued.
§ 475-11 Certificate of occupancy required for use of buildings or premises.
It shall be unlawful to use or permit the use of any building or premises or part thereof hereafter created, located, erected, changed, converted or enlarged, wholly or partly, until a certificate of occupancy has been issued for that premises, certifying that the structure or use complies with the provisions of this chapter. Such occupancy permits shall be granted or denied within 30 days from the date that a written application is filed with the Building Inspector or Zoning Enforcement Officer.
The issuance of a certificate of occupancy shall not be construed as permitting any violation of this chapter.
§ 475-12 Establishment.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The Village Council shall act as the Zoning Board of Appeals as provided by Section 601 of Act No. 110 of the Public Acts of 2006 (MCLA § 125.3601), as amended, with such powers and duties as prescribed by law.
§ 475-13 Authority.
The Board of Appeals shall have authority to do the following:
Hear and decide, upon request, the interpretation of the provisions of this chapter.
Grant variances from the strict application of this chapter when, by reason of exceptional narrowness, shallowness, shape or topography of specific parcels of property at the time of the original enactment of this chapter or amendments, or where the strict application of this chapter or amendments would result in exceptional or undue hardship upon a property; provided, however, that such relief of variances can be granted without substantial impairment of the intent or purpose of this chapter. This subsection shall not be construed to permit the Board, under the guise of a variance, to change the uses of land.
Hear and decide appeals where it is alleged by appellants that there is error in any refusal of building, use or occupancy permit or in any other order, requirement, decision, or determination made by the Building Inspector, Zoning Enforcement Officer, or other Village employee when passing upon an application for a building or other permit, or by any other officer or body in the administration of this chapter.
Hear and decide petitions for special land uses.
§ 475-14 Limitation of authority.
Nothing contained in this chapter shall be deemed to authorize the Board to reverse or modify any refusal of a permit or any other order, requirement, decision, or determination which conforms to the provisions of this chapter and which, therefore, is not erroneous; nor to authorize the Board to validate, ratify, or legalize any violation of law or any of the regulations of this chapter.
The Board shall not amend any portion of this chapter or the Zoning Map; nor shall such power or authority be vested in the Board.
A decision of the Board permitting the erection or alteration of a building or other use of land shall be valid for a period of six months, during which time a building permit for such erection or alteration must be obtained and the erection or alteration started.
No application for a variance or special land use which has been denied, wholly or in part, by the Board shall be resubmitted for a period of one year from the date of the last denial, except on grounds of newly discovered evidence or proof of changed conditions found upon inspection by the Board to be valid.
§ 475-15 Application for variances, appeals or special land uses.
Requests for variances, appeals, or special land uses may be made by submitting an application to the Village Manager. A fee as set by resolution of Village Council shall accompany the application to help defray costs of processing the application.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Requests for variances, appeals, or special land uses may be forwarded to the Planning Commission for its review. The Planning Commission has 30 days after receipt of the application in which to render an opinion to the Board of Appeals. This procedure, although not a requirement for processing the application, affords the Planning Commission an opportunity to review and give an opinion to the Board of Appeals. As this opinion is not binding upon the Board of Appeals, should the Board not concur with it the case may be judged upon its merits and not referred back to the Planning Commission for additional comments.
A site plan, plot plan, or development plan of the total property involved, showing the location of all abutting streets, the location of all existing and proposed structures, and the types of buildings and their uses shall be submitted with each request for a variance, appeal or special land use.
§ 475-16 Enumeration.
[Amended 6-15-1988 by Ord. No. 168]
The Village Council may from time to time on recommendation from the Planning Commission, or on petition, amend, supplement or change the district boundaries or the regulations pertaining thereto which may now exist or which may be subsequently established pursuant to the authority and procedure set forth Sections 401 and 403 of Act No. 110 of the Public Acts of 2006 (MCLA §§ 125.3401 and 125.3403), as amended.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Under no circumstances shall a property owner or owners reinitiate a request for the same rezoning on the same property within 12 months from the date of last action by the Village Council.
Amendments to this chapter may be initiated by any interested person, the Planning Commission, the Village Council, or any other interested governmental agency, by filing a written application with the Village Manager or officer of the Planning Commission. A request for amendment to this chapter shall follow the general procedure as outlined in this subsection:
In case of a text amendment, the applicant shall submit, in writing, the proposed text to be added and/or the existing text to be deleted.
In case of a map amendment, the applicant shall submit a written statement specifying the following:
The name and address of the owner of the land.
The street number, if any, or, if none, the location with respect to nearby public roads serving the land which is proposed to be reclassified.
A description by metes and bounds, courses and distances of the land, or if the boundaries conform to lap boundaries within a subdivision from which a part is recorded in the land records of the county, then a lot and subdivision designation with appropriate plat reference.
An identification plat prepared and certified by a civil engineer, or other competent person, to be correct and in conformity with this section, showing the land proposed to be reclassified, or if the boundaries formed a lot boundaries within a subdivision for which a plat is recorded among the land records of the county, and a copy of such plat, the land proposed to be reclassified appearing in color distinctive from that of other land shown on the plat.
The land proposed to be reclassified, stated in square feet if less than one acre and in acres if more than one.
The present classification and the classification proposed for such land.
An application fee as set by resolution of Village Council to cover the cost of advertising and processing shall accompany the application.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
§ 475-17 Establishment.
Pursuant to the requirements and authority of the Michigan Planning Enabling Act (Act 33 of 2008) and the Michigan Zoning Enabling Act (Act 110 of 2006), the Village Council hereby establishes a Planning Commission consisting of nine members, which shall replace the existing Planning (Zoning) Commission.
The Village President shall appoint members of the Planning Commission, subject to approval by a majority vote of the members of the Village Council.
Each member of the Planning Commission shall serve a three-year term. The initial appointment of members shall be for periods of one, two, and three years, as determined by the Village Council. The Village Council may appoint up to three ex officio members to the Planning Commission.
Members of the Planning Commission shall be qualified electors of the local unit of government, except that two members of the Planning Commission need not be qualified electors of the local unit of government.
The Planning Commission shall adopt bylaws of the Planning Commission upon the approval of same by the Village Council.
§ 475-18 Authority, powers and duties.
The Planning Commission shall have all authority, power and duties identified by the Michigan Planning Enabling Act as well as those powers and duties identified and transferred from the previous planning (zoning) commission pursuant to the Michigan Zoning Enabling Act. In the event that any provision of the Village's Zoning Ordinance conflicts with the Michigan Planning Enabling Act, the provisions of the Michigan Planning Enabling Act shall control.
The Planning Commission shall have all zoning authority specifically provided by the Michigan Planning Enabling Act and those powers and duties transferred from its role pursuant to the Michigan Zoning Enabling Act.
§ 475-19 Officers.
The Planning Commission shall elect at its first meeting of the year a chair, vice-chair and secretary to serve for terms of one year.
§ 475-20 Compensation.
Planning Commission members shall be compensated in amounts established by resolution by the Village Council.
§ 475-21 Oath of office.
All Planning Commission members shall take an oath of office in a form approved by the Village Council.
§ 475-22 Adoption and incorporation of amendments to Michigan Planning Enabling Act and other relevant statutory provisions.
All applicable amendments to the Michigan Planning Enabling Act and any other relevant statutes shall be incorporated in this chapter by reference and shall supersede the statutes that they amend or replace.
§ 475-23 Planning Commission serving as DDA Board.
Pursuant to the Michigan Planning Enabling Act, the Planning Commission shall concurrently serve as the board of the Village of Vicksburg Downtown Development Authority and shall have all authority and duties of the DDA Board as set forth in the recodified Tax Increment Financing Act (Act 37 of 2018).