A.

The planning commission is created pursuant to the Michigan Planning Enabling Act, Public Act 33 of 2008. In accordance with Section 83 of Public Act 33 of 2008, the planning commission shall have all the powers and duties provided for zoning commissions created pursuant to the Michigan Zoning Enabling Act, Public Act 110 of 2006. Members of the planning commission shall be nominated by the mayor and approved by the city council. The qualifications of members, the term of each member, filling of vacancies, compensation of members, and operation of the planning commission shall be in accordance with Public Act 33 of 2008.

B.

The planning commission shall have the following responsibilities and authority pursuant to this title:

1.

The planning commission shall be responsible for 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.

2.

The planning commission shall be responsible for review of all applications for site plan approval in accordance with Chapter 18.17, and special land use approval in accordance with Chapter 18.18 and making a determination to grant approval, approval subject to revisions, or denial of approval.

3.

The planning commission shall be responsible for formulation and adoption of the city master plan as a guide for the development of the city, in accordance with Michigan Public Act 33 of 2008.

(Ord. 08-05 § 1 (part), 2008)

The provisions of this title shall be administered and enforced by the building official, or his or her designee, or by such deputies of his or her department as the building official may delegate to enforce the provisions of this title.

(Ord. 08-05 § 1 (part), 2008)

A.

The building official shall have the authority to grant zoning compliance and occupancy permits and to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this title. It is unlawful for the building official to approve any plans or issue any permits or certificates of occupancy for any excavation or construction until he has inspected such plans in detail and found them to conform with this title.

B.

Under no circumstances is the building official permitted to make changes to this title nor to vary the terms of this title in carrying out his duties as building official.

C.

The building official shall not refuse to issue a permit when conditions imposed by this title are complied with by the applicant despite violations of contracts, such as covenants or private agreements, which may occur upon the granting of the permit.

(Ord. 08-05 § 1 (part), 2008)

The building official shall require that all applications for permits for uses not covered in Section 18.17.020 shall be accompanied by plans and specifications including plot plan information as required in this section:

A.

The actual shape, location and dimensions of the lot. The applicant shall identify the front lot line.

B.

The shape, size, location and setback 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.

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

E.

In those instances where more than one use is proposed for a property or where lots or parcels are to be split or subdivided, the applicant shall submit copies of any private covenants, deed restrictions or agreements to the city in order to clarify the intended use of the property and its compliance with ordinance provisions.

(Ord. 08-05 § 1 (part), 2008)

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 title.

B.

Permits for New Use of Land. Vacant land shall not be put to a new use and existing uses shall not be 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. Buildings and structures shall not be changed 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 has 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 building code, housing law or this title, except for minor repairs or changes not involving any of the aforesaid features.

E.

Deposit of Guarantee. Any guarantee required under this title shall be deposited with the city treasurer prior to the issuance of permits in accordance with Section 18.21.100.

(Ord. 08-05 § 1 (part), 2008)

No land, building, or part thereof, shall be occupied by or for any use unless and until a certificate of occupancy has been issued for such use. The following shall apply in the issuance of any certificates:

A.

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

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. Certificates of occupancy shall be required for any change in occupancy of any building, structure or land in all office-service, business and industrial districts.

C.

Certificates Including Zoning. Certificates of occupancy, as required by the city building code, 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 title.

D.

Record of Certificates. A record of all certificates issued shall be kept on file in the office of the building official, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property involved.

E.

Application for Certificates. Application for certificates of occupancy shall be made in writing to the building official on forms furnished by that department, and such certificates shall be issued within ten days after receipt of such application if it is found that the building or structure, or part thereof, or the use of land is in accordance with the provisions of this title.

If such certificate is refused for cause, the applicant shall be notified of such refusal and cause, within the ten-day period.

F.

Temporary Certificates.

1.

Temporary certificates of occupancy may be issued only for site improvements which are included on an approved site plan, or which are otherwise required by this title or other ordinances of the city and shall be limited to a period not to exceed six months. Failure to finish and obtain approval of the improvement constitutes a violation of this title.

2.

Temporary certificates of occupancy may be issued in those instances where landscape planting cannot be completed due to winter weather conditions. Temporary certificates shall only be issued for a period to allow for time necessary to complete planting within the period specified in Section 18.14.020 and in no instance shall such temporary certificate exceed a six-month period.

3.

Whenever an applicant seeks a temporary occupancy permit for a premises prior to completion of site work or landscaping, the applicant shall deposit cash, certified check or nondescriptive irrevocable bank letter of credit, all forfeitable to the city, in an amount equal to one hundred fifty percent of the estimated cost of the remaining improvements pursuant to the site plan and the requirements of this title and other ordinances of the city. The estimate of the cost shall be solely in the discretion of the city.

4.

The cash deposit, certified check, or nondescriptive irrevocable bank letter of credit shall run to the city and shall be forfeitable by its terms and conditions, automatically, thirty days after notice to the applicant that the requirements of the site plan or this title have not been met according to the terms of the temporary certificate or a time specified in the building permit. Any bank letter of credit shall automatically renew for a period of one year. The cash deposit, certified check or irrevocable bank letter of credit shall be considered posted with the condition that upon passage of the thirty days after such notice in writing by first class mail at the last known address of the applicant, such amount shall automatically be transferred to the city or otherwise enforceable by the city by any means available. Thereafter, the city shall be authorized to go onto the property and complete the construction in accordance with the site plan requirements with the funds available. The city may retain twenty-five percent of the cost of such completion as the city construction administrative expense and refund any balance to the applicant. No part of an irrevocable bank letter of credit shall be released until all of the work is completed. In the case of a deposit of cash or a certified check, portions of the amount may be rebated as work progresses at reasonable intervals, provided that at all times the amount on deposit equals one hundred fifty percent of the cost of the remaining work to be completed.

(Ord. 08-05 § 1 (part), 2008)

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

(Ord. 08-05 § 1 (part), 2008)

A.

Fees for site plan review, inspection and the issuance of permits or certificates or copies thereof required or issued under the provisions of this title may be collected by the building official in advance of issuance. The amount of such fees shall be established by resolution of the city council and shall cover the direct and indirect cost of inspection and supervision resulting from enforcement of this title.

B.

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

C.

Fees for rezoning, special uses and such other fees as may be required for the administration of this title shall be established by resolution of the city council.

D.

The applicant shall be required to pay all fees related to consultant or attorney reviews of an application. Expenses and costs incurred by the city that are directly associated with reviewing and processing a zoning application shall be paid from the funds in an escrow account established for the applicant. Applications shall not be processed prior to the required escrow fee having been deposited with the city. Any excess funds remaining in the escrow account after the application has been fully processed and the final city decision has been rendered regarding the project will be refunded to the applicant with no interest to be paid on those funds.

(Ord. 08-05 § 1 (part), 2008)

Approval of a preliminary plat or site condominium plan shall be conditioned upon the execution of an agreement which secures the completion of improvements required on the plat or site condominium plan. The approval of a site plan shall be conditioned upon the execution of a development agreement meeting the requirements of Section 18.17.110(C). Unless designated as optional, all improvements shown on the site plan shall be completed prior to the issuance of a certificate of occupancy. However, where it would be impractical to delay occupancy prior to the completion of certain improvements, a temporary certificate of occupancy can be issued upon the approval of the building official if an adequate guarantee as required in Section 18.21.100 is presented to the city to secure the improvements.

(Ord. 08-05 § 1 (part), 2008)

A.

Guarantee in the form of a cash deposit, certified check or nondescriptive irrevocable bank letter of credit shall be provided in a form acceptable to the city. The amount of such guarantee shall cover all improvements not normally covered in the building permit, (i.e., berms, walls, landscaping, lighting, surfacing of drives, parking, service drives, acceleration/deceleration lanes, bypass lanes and other traffic control devices, etc.). An additional twenty-five percent shall be added to cover the city's costs for administering the performance guarantee. The guarantee shall include a schedule of costs assigned to the different improvements. Monies may be released to the applicant in proportion to work completed on the different elements after inspection of work and approval of the building official. Any partial release of funds shall not reduce the amount of remaining guarantee to less than ten percent of the original amount, which shall be retained by the city until all work has been completed and subsequently inspected and approved by the building official.

B.

If more than one guarantee is involved in construction of the improvements required in this section, each such assurance shall be treated as a separate agreement and the ten percent holdback may be released upon satisfactory completion of such phase of construction and approval of the building official. In instances where all improvements as required in this title are not completed, and a temporary certificate of occupancy is requested, the estimated cost of such improvement shall be verified by the building official, particularly with respect to any delay to another construction season. The building official in evaluating the adequacy of the financial guarantees may request any necessary input from the city engineer, planner and landscape architect. If the estimated cost has changed, then a revised guarantee, acceptable to the city, shall be filed with the treasurer covering such improvements.

(Ord. 08-05 § 1 (part), 2008)

In instances where a public hearing is required under this title with the planning commission, the zoning board of appeals 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 fifteen 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 three hundred feet of the subject property and to the occupants of all structures within three hundred 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) of this section is considered to be given when personally delivered or when deposited during normal business hours for delivery with the United States Postal Service or other public or private delivery service.

C.

Ordinance Amendments and Rezoning of More Than Ten Properties. Public hearings for an amendment to this title, 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) of this section, and notice shall not be required to be mailed to individual properties under subsections (B)(2) and (B)(3) of this section.

D.

Zoning Board of Appeals 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) of this section 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) of this section. Variances shall require full notification under subsections (B)(1) through (B)(3) of this section.

(Ord. 08-05 § 1 (part), 2008)

Any person, corporation, or firm who violates, disobeys, omits, neglects, or refuses to comply with any provision of this chapter or any permit, license or exception granted hereunder, or any lawful order of the planning commission, building official, zoning board of appeals or city council issued in pursuance of this chapter is guilty of a municipal civil infraction and upon conviction thereof shall be fined not more than five hundred dollars for each such violation. 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 chapter.

(Ord. 08-05 § 1 (part), 2008)

A separate offense shall be deemed committed upon each day during or when a violation occurs or continues.

(Ord. 08-05 § 1 (part), 2008)

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

(Ord. 08-05 § 1 (part), 2008)

The rights and remedies provided in this title are cumulative and in addition to any other remedies provided by law.

(Ord. 08-05 § 1 (part), 2008)