(a)

The planning commission, as established under Public Act No. 285 of 1931 (MCL 123.31 et seq.), shall perform all of the duties of such commission in accordance with the law in such case made and provided, relating to amendments of this chapter, and such other duties as are established in this chapter.

(b)

In cases where the commission is required to recommend or approve certain uses or premises under the provisions of this chapter, the applicant shall furnish such surveys, plans or other information as may be reasonably required by the commission for the proper consideration of the matter.

(c)

The commission shall investigate the circumstances of each such case and may notify such parties who may be affected thereby of the time and place of any hearing which may be held relative to such case as required under the commission's rules of procedure.

(d)

The commission may impose such conditions or limitations in granting approval as may, in its judgment, be necessary to fulfill the spirit and purpose of this chapter.

(e)

Where review is required by the commission under the terms of this chapter, a fee may be required to cover the cost of such review, including planners, engineers and other such professional services, in accordance with a schedule of fees as determined by the village council.

(f)

Any approval given by the commission, under which premises are not used or work is not started within 12 months, or when such use or work has been abandoned for a period of six months, shall lapse and cease to be in effect.

(Ord. No. 200, art. 16, § 1600, 7-7-1997)

(a)

Site plan review is required for the erection or structural alteration of all principal and accessory nonresidential buildings, or whenever a parking or storage area is to be used or constructed in conjunction with such uses. Site plan review under this section is not required for one-family dwellings and buildings accessory to one-family dwellings, provided, the residence or building conforms to the existing zoning and articles III, IV and V of this chapter.

(b)

All developments requiring site plan approval by the commission shall comply with the requirements and procedures for site plan review adopted by the commission prior to issuance of a building permit. Approval will be based upon conformity with the articles of this chapter, the following requirements and such other conditions as may be imposed to carry out the intent of this chapter, and shall be contingent upon a finding that:

(1)

The site plan shows that a proper relationship exists between local streets and any proposed service roads, driveways and parking areas to encourage pedestrian and vehicular traffic safety.

(2)

All of the development features, including the principal building and any accessory buildings or uses, open trash or refuse containers, and any service road, driveway and parking area, are located and related so as to minimize the possibility of any adverse effects upon adjacent property, such as, but not limited to, channeling excessive traffic onto local residential streets, lack of adequate screening or buffering of parking or service areas, or building groupings and circulation routes located so as to interfere with police or fire equipment access. Public streets adjacent or through the proposed development shall be required upon a finding that it is essential to promoting and protecting public health, safety and general welfare through continuation of the public street system.

(3)

The site plans and architectural elevations of the buildings, principal and accessory, shall be in harmony with the general character of the neighborhood, and the color of brick or other approved facing material shall be compatible with the surrounding area, as shown in the development standards and design review requirements set forth in articles III and IV of this chapter.

(Ord. No. 200, art. 16, § 1601, 7-7-1997)

State Law reference— Site plan, MCL 125.584d.

No special land use shall be permitted, except in conformance with the following:

(1)

Generally. For all special land uses, a site plan shall be submitted to the commission and shall conform to the requirements for site plan review as set forth in section 40-422. If the plans meet the required design and layout standards, indicate no adverse effects which, in the opinion of the commission, cause injury to the residents, users, adjoining property or the village as a whole, the commission shall recommend approval of the use to the village council, which may stipulate such conditions as it deems appropriate. The village council shall have sole power to approve or disapprove all special land uses. An approved special land use plan shall regulate the development on the property unless modified in the same manner as the plans were originally approved.

(2)

Investigation; hearing. The commission shall investigate the circumstances of each special land use request, and give notice of the time and place of any hearing, meeting or review which may be held relative to such request as required by state law and the commission's rules or procedures.

(3)

Conditions and limitations. The commission may recommend to the village council such conditions or limitations to be considered in granting approval, as may be permitted by state law and this chapter, which it deems necessary to fulfill the spirit and purpose of this section. The conditions may include requirements necessary to ensure that public services and facilities affected by each proposed land use or activity will be capable of 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 ensure compatibility with adjacent uses of land; and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall do all of the following:

a.

Be designed to protect natural resources, health, safety and welfare, as well as the social and economic well-being of persons 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 a 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 regulations of this chapter, be related to the standards established in this chapter for the land use or activity under consideration, and be necessary to ensure compliance with such standards. The conditions imposed with respect to the approval of each land use and/or activity shall be recorded in the record of the approval action and shall remain unchanged, except upon the mutual consent of the approving authority and the landowner. The village council shall maintain a record of changes granted in conditions.

(4)

Term of approval. If any approval is given by the village council and work is not begun or the premises are not used under the terms of the approval within one year from the date of approval by the village council, or if such use or work has been abandoned for a period of six months, the approval shall lapse and cease to be in effect.

(5)

Standards for approval. In consideration of all applications for special land use, the commission and village council shall review each case individually as to its applicability and must fund affirmatively on each of the following standards of the proposed special land use if it is to be approved:

a.

The proposed special land use shall be in such location and of a size and architectural character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood or vicinity and applicable regulation of the district in which it is to be located.

b.

The proposed use shall be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular turning movements in relation to routes of traffic flow, proximity and relationship to intersections, adequacy of sight distances, location for access of off-street parking and provisions for pedestrian traffic, with particular attention to minimizing pedestrian-vehicular interfacing within the residence district.

c.

The location, size, intensity, site layout and periods of operation of any such proposed use shall be designed so as to eliminate any possible nuisance emanating from such use which might be harmful or noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke, light or other cause.

d.

The proposed use shall be such that the proposed location and height of buildings or structures, and location, nature and height of walls, fences and landscaping will not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.

e.

The proposed use shall relate harmoniously with the physical and economic aspects of adjacent land uses as regards prevailing user habits, convenience of access by prospective patrons, continuity of development and need for particular services and facilities in specific areas of the village.

f.

The proposed use shall be designated, located, planned and operated so that the public health, safety and welfare will be protected.

g.

The proposed use shall not cause substantial injury to the value of other property in the neighborhood in which it is to be located and will not be detrimental to existing or other permitted land uses in the neighborhood.

(6)

Governing approval and denial. Approval or denial of special land uses shall be governed by the following:

a.

Approval. After review and recommendation by the commission, if the village council determines that the particular special land uses should be allowed, it shall endorse its approval on the written application and clearly set forth, in writing, on such application the particular uses and/or activities which shall be allowed. Thereafter, the building inspector may issue a building permit in conformity with the particular approved special approval uses and activities. In all cases where particular special approval uses have been granted as provided in this subsection, application for a building permit in pursuance thereof must be made within the time limits prescribed in this section or such approval shall automatically be revoked; provided, however, the village council may grant an extension thereof for good cause shown under such terms and conditions and for such period of time, not exceeding six months, as it shall determine to be necessary and appropriate.

b.

Denial. After review and recommendation of the commission, if the village council shall determine that the particular special land uses requested do not meet the standards of this chapter, or otherwise will tend to be injurious to the public health, safety, welfare or orderly development of the village, it shall deny the application by a written endorsement on such application which sets forth the reasons for such denial.

c.

Statement of findings and conclusions. The decision on a special land use shall be incorporated in a statement of findings and conclusions relative to the special land use under consideration. The decision shall specify the basis for the decision and any conditions imposed.

(7)

Approval of continuance. In order to continue a special land use as provided in this section, any subsequent owner or user of the premises shall require a review and recommendation of the commission and approval of the village council.

(8)

Fees. A fee in the amount to be determined by the village council shall be paid by the applicant for a special land use or transfer of such use. The fee to be paid shall be agreed to, in writing, between the special land user and the village council prior to granting approval.

(Ord. No. 200, art. 16, § 1602, 7-7-1997; Ord. No. 239, § XI, 8-15-2006)

State Law reference— Special land uses, MCL 125.584a, 125.584c.

The village manager may approve temporary uses, subject to the following requirements:

(1)

The period of operation of the proposed use shall be for a limited time and shall not exceed the time period included in the application, reasonably considering the nature of the use.

(2)

An application shall be filed on a form specified by the village, accompanied by a plot plan, drawn to scale, showing the proposed layout of the site, along with a fee established by village council resolution.

(3)

Written verification of ownership of the subject site shall be provided. Written permission of the property owner shall also be furnished to the village.

(4)

The proposed use shall be compatible, and shall not conflict, with principal activities conducted upon the site or any adjacent site. No activity shall be conducted within the public right-of-way. The use must be related to a permanent conforming use at a fixed location.

(5)

There shall be adequate parking provided (hard surface if deemed appropriate) on the site, consistent with the scope of the proposed use. Parking provided for any permanent use shall not be used for a temporary use unless the remaining parking is sufficient to accommodate the parking requirements for both permanent and temporary uses.

(6)

The proposed site shall be laid out so as to ensure safe vehicular and pedestrian circulation.

(7)

The hours of operation shall be limited to specified hours which are consistent with the nature of the use and compatible with other activities on the site and adjacent parcels.

(8)

All sanitary service, electrical lines and other operations shall comply with all applicable village codes, ordinances and regulations and any other applicable statutes, rules or regulations of any governmental body having jurisdiction over the activity. Any permits required shall be obtained by the applicant. The proposed use shall comply with any other applicable written standards established and promulgated by the village.

(9)

Any temporary structures shall be erected in a safe manner in accordance with any applicable village codes, ordinances or standards. A cash deposit or irrevocable letter of credit shall be filed in an amount and by a company satisfactory to the village manager to ensure the prompt removal of any temporary use.

(10)

The property shall be maintained in a neat and orderly condition, and cleaned immediately after the close of each day.

(11)

Final cleanup shall be the responsibility of the applicant, and shall be assured by the posting of a cash deposit or irrevocable letter of credit in an amount determined by the village manager to ensure performance of the cleanup within 45 hours of termination of the temporary use.

(12)

Garage sales are an accessory use to a one-family residential use, and shall not require temporary use approval by the village manager (see section 40-243).

(13)

Signage for any temporary use shall be:

a.

Permitted only as part of the temporary use;

b.

Limited to seven square feet; and

c.

Set back not less than ten feet from the right-of-way.

(14)

If the proposed temporary use, or any part thereof, does not meet all of the conditions determined to be applicable by the village manager, the use shall not receive administrative approval and may be reviewed and considered for approval only by the zoning board of appeals.

(Ord. No. 200, art. 16, § 1603, 7-7-1997)

It shall be unlawful to build, use or permit the use of any building or premises, or part thereof, erected, created or altered, or to change or enlarge the use of any building or premises, or part thereof, until a certificate of compliance with the provisions of this chapter, properly endorsed as to the occupancy as provided in section 40-427, shall have been issued by the building department. In all cases where a building permit is required, application for a certificate of compliance shall be made coincident with the application for such building permit, and in all other cases, shall be made not less than ten days prior to the time when a new or enlarged use of a building or premises, or part thereof, is intended to begin. Such application shall be accompanied by a plan, in duplicate, drawn to scale, showing:

(1)

The exact dimensions of the premises to which the certificate is to apply;

(2)

The lines of all lots or parcels contained in the premises; the width and alignment of all abutting streets, alleys, easements of access and public open spaces;

(3)

The size, position and height of all buildings erected or to be erected or altered on such premises; and

(4)

Such other information as may be deemed necessary for the proper enforcement of this chapter.

(Ord. No. 200, art. 16, § 1604, 7-7-1997)

Accessory buildings, when erected at the same time as the principal building on a lot and shown on the application therefor, shall not require a separate certificate of compliance. A record of all such applications shall be kept on file by the building department. Whenever the buildings and premises, and uses thereof, as set forth on the application, are in conformity with the provisions of this chapter, it shall be the duty of the building department to issue a certificate of compliance within ten days after receipt of such application, and when such certificate is refused, to state such refusal, in writing, with cause, and no building permit shall be issued prior to the issuance of such certificate.

(Ord. No. 200, art. 16, § 1605, 7-7-1997)

Within five days after notification that the building or premises, or part thereof, is ready for occupancy, the building department shall make a final inspection thereof and, if found to be in conformity with the provisions of this chapter and other village requirements, shall endorse such fact on the certificate of compliance in a statement properly signed and dated, and such statement shall have the force of a certificate of occupancy.

(Ord. No. 200, art. 16, § 1606, 7-7-1997)

The building department may issue a temporary certificate of occupancy for a portion of a building prior to the completion of the entire building, but such temporary certificate shall not remain in force for a period in excess of six months.

(Ord. No. 200, art. 16, § 1607, 7-7-1997)

(a)

The provisions of this chapter shall be enforced by the building department.

(b)

A person who violates one or more of the provisions of this chapter shall be responsible for a municipal civil infraction and, upon a finding of responsibility, shall be subject to a civil fine according to a schedule to be adopted by the village council from time to time, together with the costs of such action as regulated by village ordinance. Each day that a violation is permitted to exist shall constitute a separate offense, subject to a separate civil fine.

(c)

Nothing in this section shall preclude the village from seeking injunctive relief or prosecuting the maintenance of a nuisance per se as provided in section 40-430.

(Ord. No. 200, art. 18, § 1800, 7-7-1997)

Any building or structure which is erected, altered or converted, or any use of a premises which, when begun, violated the terms of this chapter or the ordinance repealed upon enactment of the ordinance from which this chapter is derived (whichever ordinance was then effective), is declared to be a nuisance. Upon request of the village, any court having jurisdiction may order such nuisance abated, and the owner or other person in charge of such building, structure or premises adjudged guilty of maintaining a nuisance, and may order such other relief as equity and good conscience may require.

(Ord. No. 200, art. 18, § 1801, 7-7-1997)

State Law reference— Violation nuisance per se, MCL 125.587.