The provisions of this Ordinance shall be administered and enforced by the Building Department, through its Building Inspectors, officers or employees.

It shall be unlawful to build or use or permit the building or the use of any structure or land or part thereof hereafter created, erected or altered or to change or enlarge the use of any building or land or part thereof until a building permit in accordance with the provisions of this Ordinance, properly endorsed as to occupancy in a manner herein provided, shall have been issued by the Building Department.

The Building Department shall have the power to grant occupancy permits, to make inspections of buildings or premises necessary to carry out its duties in the enforcement of this Ordinance. It shall be unlawful for the Building Inspector to approve any plans, or to issue any permits for any excavation or construction until he has inspected such plans in detail and found them to conform with this Ordinance.

The Building Department shall keep a record of all non-conforming uses existing at the effective date of this Ordinance for the purpose of carrying out the provisions of this Ordinance.

Whenever the buildings, lands and uses thereof as set forth on the application are in conformity with the provisions of this Ordinance, it shall be the duty of the Building Department to issue a building permit within ten (10) days after the receipt of such application.

All building permits, when issued, shall be conspicuously posted upon the premises.

In all cases where the Building Department shall refuse to issue a building permit, the Building Department shall state such refusal in writing, with the cause and reasons for said refusal.

The Building Department shall require that all applications for building permits shall be accompanied by plans and specifications, including a plot plan, in duplicate for residential buildings and triplicate for commercial and industrial buildings and structures, drawn to scale, showing the following:

(a)

The actual shape, location and dimensions of the lot.

(b)

The shape, size and location of all buildings or other structures to be erected, altered or moved, and of any building or other structures already on the lot.

(c)

The 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.

(d)

All existing and proposed buildings on adjacent lots.

(e)

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

In the event a building permit shall have been issued by the Building Department and no proceeding under authority thereof shall have been commenced by the applicant within six (6) months following the date of issuance, said permit shall lapse and become void and be ineffective as authority for acting thereunder unless, within ninety (90) days following such six (6) months' period the applicant shall apply for reinstatement thereof.

The Building Director is hereby authorized to reinstate such permit, but no original building permit shall be reinstated more than once.

Any permit issued under the provisions of this Ordinance may be revoked by the Building Department at any time, whenever the holder thereof:

(a)

Shall have made any false or fraudulent statement in the application for such permit, or in the exercise of such permit.

(b)

Shall have violated any of the provisions of this Ordinance.

(c)

Shall have failed to satisfy the requirements of this Ordinance or of any rules adopted pursuant thereto.

(d)

Shall have caused, created or maintained, in the exercise of such permit, a menace or danger to the public health, safety or welfare.

An accessory building, when erected at the same time as the principal building on a lot and shown on the application thereof shall not require a separate building permit.

Before any permit shall be issued under this Ordinance, an inspection fee shall be paid in an amount fixed by a schedule established by resolution of the City Council.

a.

Required. The holder of any permit for the construction, erection, alteration, repair or moving of any building or structure, or part thereof, shall obtain all inspections required by the Michigan Construction Code and the Warren Code of Ordinances.

b.

Duty to request. It shall be the duty of the holder of every permit to notify the Building Department of the time when such building or structure, or part thereof will be ready for inspection.

c.

Certificate of Compliance required prior to use or occupancy. Final inspection approval and issuance of both a Certificate of Occupancy, pursuant to the State Construction Code, and a Certificate of Compliance shall be obtained prior to the use or occupancy of any building or structure, or part thereof for which a permit has been issued, or which requires the issuance of a permit.

d.

Change in occupant. In the event the occupant of a building, or part thereof, changes, the new occupant shall obtain a Certificate of Compliance prior to occupancy; however, no inspection is required if there has not been any construction, alteration, repair or moving of any building or structure, or part thereof, and the building was inspected within the last year.

(Ord. No. 30-994, § 2, 12-13-11)

a.

Certificate renamed. Since the adoption of the Zoning Ordinance of the City of Warren, there has been a requirement that no land or building erected or altered shall be occupied, used or changed in use or a change in occupant, until a Certificate of Occupancy is issued by the Building Department. Because the State Construction Code uses the term "Certificate of Occupancy" to signify the approval of building construction, the term "Certificate of Occupancy" as required by the Zoning Ordinance of the City of Warren shall be renamed a "Certificate of Compliance". The terms "Certificate of Occupancy" and "Certificate of Compliance" shall be interchangeable for purposes of any requirement that a Certificate of Occupancy shall be obtained prior to the use of land or a building in the City of Warren, other than as used in the State Construction Code. All certificates of occupancy issued prior to the effective date of this ordinance and which are in effect on the date of adoption of this ordinance shall remain in effect until a new Certificate of Compliance is required due to a new occupancy, alteration, repair, or change in use of the building, structure, or land.

b.

Purpose. The purpose of a Certificate of Compliance is to regulate the nonresidential occupancy and use of all land, buildings or structures, or part thereof, located within the City to ensure compliance with the applicable provisions of the State Construction Code, the International Property Maintenance Code, the Zoning Ordinance of the City of Warren and the provisions of the Warren Code of Ordinances administered and enforced by the Building Department.

c.

Certificate required prior to occupancy, use, or change in use or occupant. No land, building or structure, or part thereof, erected or altered shall be occupied, used, changed in use or occupant, until a Certificate of Compliance shall have been issued by the Building Department stating that the land, building, structure or proposed use of the land, building or structure complies with all applicable provisions of the State Construction Code, the International Property Maintenance Code, the Zoning Ordinance of the City of Warren and the provisions of the Warren Code of Ordinances administered and enforced by the Building Department.

d.

Application requirements. An application for a Certificate of Compliance shall be made on forms supplied by the Building Department and must be accompanied by the fees specified. A Certificate of Compliance may be applied for concurrently with an application for a building permit, if a building permit is required. The Building Department shall determine if a nonresidential occupancy change requires site plan review and approval by the Planning Commission and shall notify the applicant if required.

e.

Fees. The applicant for a Certificate of Compliance shall pay the required inspection and certificate fee established by resolution of the City Council.

f.

Issuance of Certificate. A Certificate of Compliance shall be issued only after a determination by the Building Department that the proposed use of the land, building or structure, or part thereof, complies with all of the following:

1.

All applicable provisions of the Zoning Ordinance of the City of Warren;

2.

The construction complies with all requirements of the State Construction Code;

3.

The construction meets all engineering issued permits, applicable standards and requirements;

4.

All applicable provisions of Chapter 9, Building Regulations;

5.

All applicable provisions of the International Property Maintenance Code;

6.

All outstanding fees or charges have been paid.

g.

Denial of Certificate. The Building Department shall not issue a Certificate of Compliance when any of the following conditions are found to exist related to the use of the property:

1.

The proposed use or activities are prohibited by state, federal, or local ordinance.

2.

There is an outstanding violation of the Zoning Ordinance of the City of Warren on the site.

3.

There is an outstanding violation of the State Construction Code on the site.

4.

There is an outstanding violation of the Warren Code of Ordinances on the site.

If the request for a Certificate of Compliance is denied, the applicant shall be notified in writing of the denial and the reasons for denial.

h.

Remains in effect. A Certificate of Compliance for a land use, a building or structure, or part thereof, shall remain in effect as long as the approved use continues. A new Certificate of Compliance shall be required for each new occupant, or any change in use or occupant of the building, structure, or land.

i.

Record. A record of all certificates of compliance shall be kept in the office of the Building Department. Copies of such certificates shall be furnished upon request.

j.

Site plan approval. Issuance of a Certificate of Compliance does not certify that the site complies with the approved site plan and any conditions imposed by site plan approval.

k.

Failure to obtain a Certificate of Compliance; penalty. No land, building or structure, or part thereof, shall be occupied, used, or changed in use or occupant until a Certificate of Compliance shall have been issued by the Building Department in conformity with the provisions of this section. A violation of this provision shall be a municipal civil infraction which upon a determination of responsibility, shall result in the assessment of a fine of not less than one hundred dollars ($100.00) or not more than one thousand ($1,000.00) per violation, plus costs and sanctions for each infraction as provided by the Revised Judicature Act of 1961, as amended, found at MCL 600.8727. Each day that a violation is permitted to exist shall constitute a separate offense.

(Ord. No. 30-545, § 2, 9-27-77; Ord. No. 30-994, § 2, 12-13-11; Ord. No. 30-1000, § 1, 2-27-13)

a.

Certification required for occupancy. No vacant residential dwelling that has been posted "no occupancy" shall be occupied until residential city certification is issued by the Building Department stating that the vacant residential dwelling complies with all applicable provisions of the International Property Maintenance Code and the Zoning Ordinance of the City of Warren.

b.

Remains in effect for duration of occupancy. City certification for a residential dwelling shall remain in effect as long as the dwelling remains occupied. Any time a dwelling becomes vacant and is posted "no occupancy" the dwelling shall not be occupied until city certification is obtained.

c.

Fees. The applicant for city certification for a residential dwelling shall pay the required inspection and certificate fee established by resolution of the City Council.

d.

Record. A record of all residential city certifications shall be kept in the office of the Building Department. Copies of such certificates shall be furnished upon request.

e.

Failure to obtain residential city certification prior to occupancy of a posted dwelling; penalty. No vacant residential dwelling posted "no occupancy" shall be occupied until residential city certification is issued by the Building Department in conformity with the provisions of this section. Each day that a violation is permitted to exist shall constitute a separate offense. A violation of this provision shall be a municipal civil infraction which upon a determination of responsibility, shall be ordered to pay a fine of not less than one hundred dollars ($100.00) or not more than one thousand dollars ($1,000). In addition, a Defendant shall be ordered to pay costs as provided by the Revised Judicature Act of 1961, as amended, found at MCL 600.8727.

(Ord. No. 30-994, § 2, 12-13-11)

Under no circumstances is the Building Department permitted to make changes to this ordinance or to vary the terms of any applicable ordinance in carrying out the duties of the Building Department; nor shall the Building Department be permitted to grant exceptions to the actual meaning of any regulation contained in this ordinance to any person making application for a building permit, a Certificate of Compliance or residential city certification. Further, under no circumstances shall the Building Department refuse to issue a permit when the applicant has demonstrated that they are in compliance with all applicable regulations.

(Ord. No. 30-994, § 2, 12-13-11)

A Certificate of Occupancy shall be required for each non-conforming use of buildings and land existing prior to the time of passage of this Ordinance. Application for such Certificate of Occupancy for non-conforming uses shall be filed with the Building Department by the owner or lessee of the building occupied by such non-conforming use within one (1) year from the effective date of this Ordinance. It shall be the duty of the Building Department to issue a Certificate of Occupancy for such non-conforming use upon such application.

A.

An application for the approval of a special land use permit shall be made by the landowner and occupant of the land on which the special land use is to be located, to the Commission accompanied by the necessary fees and documents as prescribed by the Commission.

B.

Upon receipt of an application for a special land use permit, except for those uses provided in Section 14.02 and Section 15.01(e) of this Ordinance, the Planning Commission shall review the application and required site plan for conformity with the required ordinances. The Planning Commission shall hold a public hearing at which time the application shall be considered. The public hearing shall be conducted pursuant to the procedure established in the Zoning Enabling Act, 2006 Public Act No. 110, as amended (MCL 125.3101, et seq.).

Upon receipt of an application for a special land use permit for any use provided for in Section 14.02 and Section 15.01(e) of this Ordinance, the Planning Commission shall hold a public hearing and review the application and required site plan for conformity with required ordinance and forward a recommendation regarding same to the City Council for approval.

1.

The Special Use Permit shall only be approved if the following general standards are satisfied:

a)

The proposed use is compatible with adjacent uses of land;

b)

The proposed use is compatible with adjacent uses of land that may be located outside of the City, after considering comments of citizens residing outside of the City of Warren who receive notice of the public hearing from the adjacent municipality after their municipality receives notice from the City of Warren that describes generally a geographic area of land located within three hundred (300) feet of the boundary of the property within the City of Warren.

c)

The proposed use is in compliance with the standards of this Ordinance and the conditions imposed thereunder;

d)

The proposed use is compatible with the natural environment;

e)

The proposed use is compatible with the capacities of the public services and facilities affected by the proposed use; and

f)

The proposed use is consistent with the public health, safety and welfare of the City.

2.

The approving authority may deny, approve, or approve with conditions, a request for special land use permit. The approving authority may require reasonable conditions regarding the location, character, and other features of the proposed use as it is deemed necessary to satisfy the general standards provided herein.

3.

Any conditions required for approval of a special land use may include conditions necessary to ensure that the public services and facilities affected by a 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 satisfy the following:

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 City 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 this Ordinance, be related to the standards established in this Ordinance for the land use or activity under consideration, and be necessary to ensure compliance with those standards.

4.

The conditions imposed with respect to the approval of a land use permit 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 and occupant. The approving authority shall maintain a record of conditions which are changed.

(Ord. No. 30-657, § 9, 4-12-83; Ord. No. 30-1001, § 4, 8-27-13; Ord. No. 30-1071, § 6, 2-8-22)

A.

To insure compliance with this Ordinance and any conditions imposed hereunder, an approving authority as provided for in this ordinance may require that a cash deposit, certified check, or surety bond acceptable to the City covering the estimated cost of improvements associated with the project for which site plan approval is sought be deposited with the City Treasurer to insure faithful completion of the improvements within two (2) years. The amount of the bond or deposit shall be determined by the approving authority and shall be based upon a reasonable estimate of the cost of all improvements on the site. The performance guarantee shall be deposited at the time of the issuance of the permit authorizing the activity or project. The deposit of the performance guarantee shall not be required prior to the time when the City is prepared to issue the permit.

B.

As used in this Section "improvements" means those features and actions associated with the project which are considered necessary by the approving authority 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, sidewalks, screening, and drainage. Improvements does not include the entire project which is the subject of site plan approval.

C.

Any performance guarantee required as per this ordinance shall continue until such time as the City notifies the surety that the conditions imposed upon the development have been met. The bond will not be approved by the City, unless this provision is specifically set forth in bold type within the bond. The release of the site plan bond shall be done in conjunction with the release of the building permit bond. Inasmuch as the two bonds are related to the overall development, the approving authority will not release the site plan bond until the Building Department and approving authority are satisfied that the site is developed in accordance with the site plan approval.

(Ord. No. 30-657, § 10, 4-12-83)

A.

Intent - The site plan review process is instituted to provide an opportunity for the approving authority to review a proposed site plan in relation to pedestrian and vehicular circulation, off-street parking, structural relationships, public utilities, landscaping, accessibility and other site design elements which may have an adverse effect upon the public health, safety, morals, and general welfare as well as to provide for the best interests of the property owner.

B.

Procedures for Site Plan Review.

1.

In addition to those uses specifically requiring site plan approval by this Ordinance, prior to the final processing of an application for a building permit for the construction of any multi-family, mobile home park, commercial or industrial structure the developer and/or petitioner shall submit a site plan to the approving authority for review and approval, showing the location the location of the principal building or use, general dimensions and proposed height, the location of all accessory buildings, the location of parking areas or driveways, the proposed grade and drainage, the proposed methods of water supply and sewage disposal, the proposed plantings and proposed screening and a building plan to the Fire Commissioner showing proposals for fire safety, fire separation, and egress for life safety. The approving authority shall review such site plan for space and orientation of buildings in relation to off-street parking and ingress and egress to the site; for safety convenience and adequacy of vehicular and pedestrian circulation; for adequacy of landscaping and proposed site improvements and overall conformity to provisions of the Master Plan of the City of Warren for conformity of the uses to the district.

The approving authority shall submit copies of said plans to various governmental agencies within and without the local unit of government, such as the City Engineer, Michigan State Highway Department, Macomb County Road Commission, Fire Department, and Traffic Department, in order that their comments may be incorporated into the approving authority findings and recommendations in this matter.

2.

An application for approval of a site plan shall be made by an owner of an interest in the land on which the site plan is to be developed or authorized representative of same to the approving authority accompanied by the necessary fees and documents as prescribed by the approving authority.

3.

Upon receipt of an application as provided above the approving authority shall give a notice of the time, place, date and purpose of the approving authority meeting at which the site will be considered. Notice of public hearing shall be sent by mail or personal delivery in the manner or form provided in section 4.91 of the Ordinance.

4.

The appointing authority shall approve a site plan only upon a finding that the proposed use will not, upon the facts known at the time of submission of the site plan, cause undue hardship or create unsafe or hazardous health, or safety conditions or create a nuisance condition to the detriment of adjoining land uses or the general public and only upon a finding that the plan contains the information required by this Ordinance and is in compliance with this Ordinance, the conditions imposed pursuant to this Ordinance, other applicable Ordinances and state and federal statutes. An approval or denial of a site plan must be based on the standards for review of special land uses set forth in Section 22.14.B of this Ordinance. Any conditional approval of a site plan must meet the requirements set forth in Section 22.14B, (3) and (4) of this Ordinance. Any required modifications shall be directed to the specific elimination of unsafe or hazardous health or safety conditions or the prevention of nuisance conditions, and shall be so noted.

5.

The approving authority shall communicate its approval or recommended site plan modifications to the applicant and the Building Director. If approved, the site plan shall become part of the record of approval, and subsequent actions relating to the activity authorized shall be consistent with the approved site plan, unless a change conforming to the provisions of this Ordinance receives the mutual agreement of the landowner and the approving authority. In cases where the modifications have been recommended, the applicant shall resubmit a site plan incorporating those modifications to the approving authority for its review.

6.

If valid building permits have not been obtained within two (2) years from the date of approval of the site plan, the applicant shall appear before the approving authority and request an extension. The approving authority may upon application of a petition filed sixty (60) days before the expiration of the aforementioned two year period, approve an extension for a specified period of up to one (1) year. Subsequent further extensions for periods of up to one (1) year each may be granted subject to a petition filed sixty (60) days prior to expiration of the existing extension. Prior to granting any extension the approving authority shall review the site plan to determine if there have been any changes in circumstances from the standards applied at the time of prior approval. In the event there have been changes, the approving authority may impose new conditions in accordance with Section 22.14B (3) and (4) of this Ordinance. No site plan approval shall be granted without a public hearing.

(Ord. No. 30-657, § 11, 4-12-83; Ord. No. 30-1071, § 3, 2-8-22)