(a)   The administration of this Zoning Code is hereby vested in three offices of the government of the Village of Wolverine Lake as follows:

      Building Inspector

      Zoning Board of Appeals

      Planning Commission

   (b)   This chapter shall first set out the authority of each of these three offices, and then describe the procedure and substantive standards with respect to the following administrative functions:

      (1)   Issuance of building permits.

      (2)   Issuance of occupancy certificates.

      (3)   Variances.

      (4)   Appeals.

      (5)   Amendments.

      (6)   Conditional uses.

      (7)   Fees.

      (8)   Penalties.

(Ord. 106. Passed 12-9-81.)

   The Building Inspector and such deputies or assistants that have been or shall be duly appointed by the Village Council shall enforce this Zoning Code and any additions thereto, and in furtherance of such authority shall:

   (a)   Issue all building permits and make and maintain records thereof;

   (b)   Issue all certificates of occupancy, and make and maintain records thereof;

   (c)   Conduct inspections of buildings, structures, and use of land to determine compliance with the terms of this Zoning Code;

   (d)   Issue violation notices requiring compliance within thirty days, and advising suspected violators of the right of appeal;

   (e)   Require that all construction or work of any type be stopped when such work is not in compliance with this Zoning Code; and revoke any permit which was unlawfully issued, or any permit wherein work not in compliance with this Zoning Code has been performed, and such work has not been corrected within thirty days of notification of such defects;

   (f)   Have possession of permanent and current records of this Zoning Code, including, but not limited to, all maps, amendments, conditional uses, variances, appeals, and applications therefor;

   (g)   Assist in providing public information relative to this Zoning Code;

   (h)   Forward to the Planning Commission all applications for conditional uses and for amendments to this Zoning Code that are initially filed with the Office of the Building Inspector;

   (i)   Forward to the Zoning Board of Appeals applications for appeals, variances, nonlisted uses, or other matters on which the Board of Appeals is required to pass under this Zoning Code;

   (j)   Enforce all orders of the Zoning Board of Appeals.

(Ord. 106. Passed 12-9-81.)

   (a)   Establishment. The Planning Commission, as established under the provisions of Act 33, of the Public Acts of 2008, as amended, is the Planning Commission referred to in this Zoning Code. Chapter 1220 of these Codified Ordinances sets forth the membership, functions and duties of the Planning Commission. Additional functions and duties of the Planning Commission are set forth in subsection (b) hereof.

   (b)   Duties. The Planning Commission shall discharge the following duties under this Zoning Code:

      (1)   Review all applications for amendments to this Zoning Code (text or map), hold hearings thereon, and report findings and recommendations to the Village Council in the manner prescribed in this chapter for amendments;

      (2)   Receive from the Building Inspector recommendations as related to the effectiveness of this Zoning Code and report the Commission’s conclusions and recommendations to the Village Council not less frequently than once a year;

      (3)   Hear and decide on special land uses, planned developments, site-plan review and other matters upon which it is required to pass under this Zoning Code.

(Ord. 106. Passed 12-9-81; Ord. 106A-83. Passed 4-9-14.)

   (a)   Zoning Compliance. Except as hereinafter provided, no building permit shall be issued by any officer, department, or employee unless the Building Inspector or his or her duly appointed representative has examined the application for such permit and has affixed to it his or her certificate, indicating that the proposed building or structure complies with all the provisions of this Zoning Code, and that all required Planning Commission and Zoning Board of Appeals approvals have been obtained. Any permit or certificate issued in conflict with the provisions of this Zoning Code, shall be null and void.

   (b)   Plans and Drawings; Certification. Every application for a building permit shall be accompanied by:

      (1)   A plot plan, in duplicate, of the piece or parcel of land, lot or lots, block or blocks, or parts or portions thereof, drawn to scale showing the actual dimensions of the piece or parcel, lot, lots, block or blocks, or portions thereof, according to the registered or recorded plat of such land. For special land uses and for other buildings and structures requiring site plan approval, the complete drawings upon which site plan approval was based shall be submitted.

      (2)   The complete architectural and/or engineering drawings from which the building or structure will be constructed. Said drawings shall show the ground area, height, and bulk of the building or structure, the building lines in relation to lot lines, the use to be made of the building, structure, or land, and such other information as may be required by the Building Inspector for the proper enforcement of this Zoning Code.

The Building Inspector shall require certification by a registered professional engineer or registered architect for all structures, except single-family residential structures. The Building Inspector may, in those cases wherein his or her judgment it is necessary, require certification by a registered professional engineer, or registered architect for single-family residential structures.

   (c)   Occupancy Certificate Required. No building, or addition thereto, constructed after the effective date of this Zoning Code (January 20,1982), and no addition to a previously existing building shall be occupied, and no land, vacant on such effective date such Zoning Code, shall be used for any purpose until a certificate of occupancy has been issued by the Building Inspector. No change in a use shall be made until a certificate of occupancy has been issued by the Building Inspector. Every certificate of occupancy shall state that the use of occupancy complies with the provisions of this Zoning Code.

   (d)   Application for Occupancy Certificate. No occupancy certificate for a building, or portion thereof, constructed after the effective date of this Zoning Code, shall be issued until construction has been completed and the premises inspected and certified by the Building Inspector to be in conformity with the plans and specifications upon which the building permit was based. No occupancy certificate for a building, or addition thereto, constructed after the effective date of this Zoning Code (January 20, 1982), shall be issued and no addition to a previously existing building shall be occupied until the premises have been inspected and certified by the Building Inspector to be in compliance with all applicable standards. Pending the issuance of a regular certificate, a temporary certificate may be issued to permit occupancy of a building during completion of site work, or to permit occupancy of completed portions of buildings during completion of other portions. Temporary occupancy certificates shall be valid for a period of six months and shall be renewable a maximum of two times with each renewal for a maximum of three months.

(Ord. 106. Passed 12-9-81.)

   (a)   Purpose. The Zoning Board of Appeals may, in passing on appeals, grant a variance or modify the regulations of this Zoning Code only in the specific instances hereinafter set forth, where such Board makes findings of fact in accordance with the standards hereinafter prescribed. Such variances may be granted only when the Board finds that there are practical difficulties in the way of carrying out the strict letter of this Zoning Code. Such variances may be granted only so that the spirit of this Zoning Code shall be observed, public safety secured and substantial justice done.

   (b)   Appeals. An appeal for a variance shall be taken as specified for appeals to the Zoning Board of Appeals in Sections 1244.03 through 1244.06.

   (c)   Standards for Variances. The Zoning Board of Appeals shall not vary the regulations of this Zoning Code, unless it shall make findings based upon the evidence presented to it in each specific case that all of the following standards are met:

      (1)   Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship will result to the owner if the strict letter of the regulations are carried out. Inconveniences or increased development costs shall not be deemed hardships under the terms of this section.

      (2)   The conditions upon which an application for a variance is based are unique to the property for which the variance is sought, and are not applicable generally, or to other property within the same zoning classification.

      (3)   The purpose of the variance is not based exclusively upon a desire to increase financial gain.

      (4)   The alleged difficulty or hardship is caused by this Zoning Code and has not been created by any persons presently or previously having an interest in the property.

      (5)   The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.

      (6)   The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion of the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood.

   (d)   Conditions. The Zoning Board of Appeals may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards established in this section and the objectives of this Zoning Code.

   (e)   Compliance With State Laws; Time Limit. Variances from the regulations of this Zoning Code shall be granted by the Zoning Board of Appeals only in accordance with the standards established in Act 638 of the Public Acts of 1978,as amended, and the City and Village Zoning Act.

   No order of the Zoning Board of Appeals granting a variance shall be valid for a period longer than six months from the date of such order unless the building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.

(Ord. 106. Passed 12-9-81; Ord. 106A-83. Passed 4-9-14.)

   (a)   Scope of Appeals. An appeal may be taken to the Zoning Board of Appeals by any person, firm, or corporation or by any office, department, board, or bureau aggrieved by a decision of the Building Inspector.

   An appeal from any decision or action of the Building Inspector shall be taken not later than thirty days after the start of construction or alterations or a change in use authorized by any permit or certificate issued by the Building Inspector, or within 30 days after the decision or the action complained of, by filing with the Building Inspector and the Board a notice of appeal specifying the grounds thereof. The Building Inspector shall forthwith transmit to the Board all of the papers constituting a record upon which the action appealed from was taken.

   An appeal from a decision or action of the Planning Commission pertaining to site-plan review shall be taken within thirty days after the decision or action complained of, by filing with the Planning Commission and the Zoning Board of Appeals a notice specifying the grounds thereof.

   Decisions or actions of the Building Inspector to deny issuance of building permits or certificates of occupancy based on denial of special land use approval by the Planning Commission shall be subject to appeal.

   (b)   Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Inspector certifies to the Board, after the notice of the appeal has been filed with him or her, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life and property, in which case the proceedings shall not be stayed unless otherwise by a court of record on application, on notice of the Building Inspector and on due cause shown.

   (c)   Public Hearing. The Zoning Board of Appeals shall hold a public hearing on all appeals. The Board shall fix a reasonable time for the hearing of the appeal and give due notice thereof to any persons to whom any real property within 300 feet of the premises in question shall be assessed, and to the occupants of single- and two-family dwellings within 300 feet. Such notice shall be delivered personally or by mail addressed to the respective owners at the address given in the last assessment roll. If a tenant's name is not known, the term “occupant” may be used.

   (d)   Decisions of the Zoning Board of Appeals. The Zoning Board of Appeals shall thereafter reach its decision within ninety days from the date of the public hearing on the appeal. The decision of the board shall not become final until the expiration of five days from the date of the entry of such order unless the Board shall find the immediate effect of such order is necessary for the preservation of property or personal rights and shall so certify on the record.

   (e)   Disposition of Appeals. The Zoning Board of Appeals may affirm or may reverse, wholly or in part, or modify the order, requirement, decision, or determination of the Building Inspector or the Planning Commission as specified in Section 2421.06(a). To that end, the Board shall have all the powers of the Building Inspector or Planning Commission from whom the appeal is taken. The Building Inspector shall maintain records of all actions of the Board relative to appeals.

(Ord. 106. Passed 12-9-81.)

   (a)   Purposes. For the purposes of promoting the public health, safety, and general welfare, conserving the value of property throughout the community, and lessening or avoiding congestion in the public streets and highways, the Village Council may, from time to time, in the manner hereinafter set forth, amend the regulations imposed in the districts created by this Zoning Code or amend district boundary lines, provided that in all amendatory ordinances adopted under the authority of this section, due allowance shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantage of the entire community, and the uses to which property is devoted at the time of the adoption of such amendatory ordinance.

   (b)   Initiation of Amendment. Text amendments may be proposed by any governmental body or any interested person or organization. Map amendments may be initiated by any governmental body or by persons having a freehold interest in the subject property, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest or an exclusive possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest or an exclusive possessory interest and which is specifically enforceable.

   (c)   Application for Amendment. An application for an amendment to this Zoning Code shall be filed with the Building Inspector in such form and accompanied by such information as required by the Building Inspector. The Building Inspector, upon receiving an application for amendment, shall transmit the application, along with all pertinent data filed therewith, to the Planning Commission.

   (d)   Hearing on Application. The Planning Commission shall hold at least one public hearing on each application for an amendment at such time and place as shall be established by the Planning Commission. The hearings shall be conducted and a record of such proceedings shall be preserved in such manner as the Planning Commission shall, by rule, prescribe from time to time, or as may be required by Charter.

   (e)   Notice of Hearing. Not less than fifteen days before the date the application will be considered at the public hearing, notice of such hearing shall be published at least once in the official newspaper or a newspaper of general circulation within the Village. If an individual property or several adjacent properties are proposed for rezoning, notice of the hearing shall be given to the owners of the property in question at least fifteen days before the hearing. In the case of general text and/or map amendments, not less than fifteen days' notice of the public hearing shall be given by mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the district or zones affected that registers its name and mailing address with the Village Clerk for the purpose of receiving the notice. Such notice shall be delivered personally or by mail addressed to the respective owners at the address given in the last assessment roll. If the name of the occupant is not known, the term "occupant" may be used in making notification under this subsection. Due notice shall be given, additionally, to all persons owning any real property within 300 feet of the premises contained within a map amendment request. The notice shall do all of the following:

      (1)   Describe the nature of the application.

      (2)   Indicate the property that is the subject of the application. 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 application will be considered.

      (4)   Indicate when and where written comments will be received concerning the application.

   (f)   Findings of Fact and Recommendation of the Planning Commission. The Planning Commission shall make written findings of fact and shall submit the same together with its recommendations to the Village Council. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the Planning Commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:

      (1)   Existing uses of property within the general area of the property in question.

      (2)   The zoning classification of property within the general area of the property in question.

      (3)   The suitability of the property in question to the uses permitted under the existing zoning classification.

      (4)   The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place in its present zoning classification.

      (5)   The objectives of the Village of Wolverine Lake Land-Use Plan.

   The Planning Commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment is not detrimental to the public interest. The Planning Commission may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. For the purpose of this section, the order of classification shall be as follows with the R1-A District being highest, and the C-3 the lowest: R1-A, R1-B, R1-LF, RM-1, PL, P-1, O-1, C-1, C-2, and C-3.

   (g)   Action by the Village Council.

      (1)   The Village Council shall not act upon a proposed amendment to this Zoning Code until it shall have received a written report and recommendation from the Planning Commission on the proposed amendment.

      (2)   The Village Council may grant or deny any application for an amendment provided, however, that in case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of twenty percent of the area of land to be altered, or by the owners of twenty percent of the area of land included within an area extending outward 100 feet from any point on the boundary of the land included in the proposed change, such amendment shall not be passed except by a vote of three-fourths, of the Village Council.

   (h)   Effect of Denial of Amendment. No application for a map amendment which has been denied by the Village Council shall be resubmitted for a period of two years from the date of the order of denial, except on the grounds of new evidence or proof of change of condition found to be valid by the Planning Commission and the Village Council.

    (i)   Notice of Adoption. Following adoption of a Zoning Code amendment by the Village Council, one notice of adoption shall be published in a newspaper of general circulation in the Village of Wolverine Lake within fifteen days after adoption. The notice shall include the following information:

      (1)   Either a summary of the regulatory effect of the amendment including the geographic area affected, or the text of the amendment.

      (2)   The effective date of the Zoning Code amendment.

      (3)   The place and time where a copy of the Zoning Code may be purchased or inspected.

   (j)   Conditional Rezoning of Land. As an alternative to a rezoning amendment as described in subsections (a) through (i) hereof; the Village may allow conditional rezoning to help ensure the proper use of land and natural resources and to allow for a more flexible approach to the rezoning process in accordance with Public Act 110 of 2006 (MCL 125.3101 et seq.). It is recognized that, in certain instances, it would be an advantage to both the Village and petitioners seeking rezoning of land if a site plan, along with conditions and limitations that may be relied upon by the Village, could be proposed as part of a petition for rezoning. Conditional rezoning of land must follow the standards and procedures as noted below.

      (1)   The amendment procedure for a conditional rezoning shall follow the same procedure as a traditional rezoning amendment pursuant to this section.

      (2)   In addition to the procedures as noted in this section, the following specific procedures, standards, and requirements shall apply to all proposed conditional rezoning requests.

         A.   A conditional rezoning request must be voluntarily offered by an owner of land within the Village. All offers must be made in writing and must provide the specific conditions to be considered by the Village as a part of the rezoning request. All offers shall be in the form of a written agreement approvable by the Village and property owner, incorporating the conditional rezoning site plan and setting forth any conditions and terms mutually agreed upon by the parties relative to the land for which the conditional rezoning is sought.

         B.   Conditional rezoning shall not allow a use or activity that would not otherwise be allowed in the proposed zoning district.

         C.   Conditional rezoning shall not alter any of the various zoning requirements for the uses in question, i.e., parking, landscaping, lot area, lot width, building height, setbacks, lot area coverage, etc. Conditional rezoning shall not grant zoning variances of any kind. Any zoning variance must follow the provisions of Chapter 1244.

         D.   Conditional rezoning shall not grant special land use approval. The process for review and approval of special land uses must follow the provisions of Chapter 1274.

         E.   All conditions offered by a land owner in relation to a rezoning request must have a direct relationship to the rezoning itself. The provisions to allow conditional rezoning shall not be construed to allow rezoning by exaction.

         F.   In addition to the informational requirements provided for in section 36-461 the applicant must provide a conditional rezoning site plan prepared by a licensed professional allowed to prepare such plans under this chapter, that may show the location, size, height or other measures for and/or of buildings, structures, improvements and features, including natural features on, and in some cases adjacent to, the property that is the subject of the conditional rezoning of land. The details to be offered for inclusion in the conditional rezoning site plan shall be determined by the applicant, subject to approval of the Village. A conditional rezoning site plan shall not replace the requirement under this chapter for site plan review and approval, or subdivision or site condominium approval, as the case may be.

      (3)   Time limits and reversion of land to previous district.

         A.   If the proposed conditions of rezoning are acceptable to the Village, the Village may establish a time period during which the conditions apply to the property and must be met. If the conditions are not satisfied within the time specified under this section, the property shall revert to its former zoning classification unless an extension is granted as noted below. Reversion of a property back to its former classification must follow the rezoning amendment provisions as provided in subsections (a) through (i) hereof.

         B.   Unless a reversion of the zoning takes place as described in subsections (a) through (i) hereof, the approved conditional rezoning shall be binding upon the subject property owner, his heirs, successors, assigns, and transferees.

         C.   Upon approval of a conditional rezoning, a copy of the written agreement between the property owner and Village shall be filed with the county register of deeds, which shall act to provide notice to all subsequent owners of the property of the conditions approved and agreed to by the Village.

         D.   The Village may not add to or alter any conditions approved as a part of a rezoning during the time period specified above.

         E.   The time limits specified and approved by the Village may be extended upon the application of the landowner and approval of the Village.

      (4)   Review procedures. The factors found in subsection (f) hereof must be considered in any conditional rezoning request.

(Ord. 106. Passed 12-9-81; Ord. 106A-25. Passed 5-11-94; Ord. 106-A47. Passed 11-14-07; Ord. 106A-83. Passed 4-9-14.)

   For all structures except single-family detached and two-family residential structures, site design review and approval shall be obtained from the Planning Commission before issuance of a building permit. Site design review shall be carried out by the Planning Commission in accordance with the provisions of Chapters 1270 and 1272.

(Ord. 106. Passed 12-9-81.)

   Special land use approval shall be obtained from the Planning Commission before issuance of a building permit for any special land use. Special land-use approval shall be granted by the Planning Commission in accordance with the provisions of Chapter 1274.

(Ord. 106. Passed 12-9-81.)

   Any application for an amendment to the text of this Zoning Code, or for appeals, variances, special land-use approval, site-plan review and approval shall be accompanied by a fee as established by resolution of the Village Council.

   There shall be no fee, however, in the case of applications filed in the public interest by the Village or any Village official.

(Ord. 106. Passed 12-9-81.)

   Any person who violates any provision of this Zoning Code is responsible for a municipal civil infraction, subject to payment of a civil fine as specified in Section 202.99 of the Administration Code, plus costs and other sanctions, for each infraction. Repeat offenses shall be subject to increased fines as provided in Section 202.99. In addition, any violation of the terms of this Zoning Code shall be and the same is hereby declared to be a nuisance per se and the Village, by and through its proper officers and agents, shall have the authority and power by proper court procedure to maintain and conduct legal action for the abatement of such violation.

(Ord. 106. Passed 12-9-81; Ord. 106-A47. Passed 11-14-07; Ord. 151. Passed 7-9-08.)